Musing — Inspector Clouseau, Phone Home

The New York Times today, reporting on a gunman ‘s murder of three people at the Jewish Museum in the center of Brussels, Belgium, notes that:

“…investigators still had to determine the motive for the shooting but added that the fact it took place at the city’s Jewish Museum indicated an ‘anti-Semitic attack’.”

Impressive detective work.

Retroactive Prophecy

There exists a mentality, even among some who should know better, like the respected popular historian Rabbi Berel Wein, that any one of us can, and even should, second-guess the attitudes and decisions of Torah luminaries of the past.

In that thinking, for instance, the opposition of many Gedolim in the 1930s and 1940s to the establishment of a Jewish state was a regrettable mistake. After all, the cavalier thinking goes, a state was in the end established, and in many ways it flourishes; so the Gedolim who opposed it must have been wrong. And we should acknowledge their error and impress it upon our children with a nationalistic commemoration of the day on which Israel declared her independence.

None of us, however, can possibly know what the world would be like today had Israel not come into being. What would have happened to the European survivors of the Holocaust who moved to Israel?  Would they have languished in the ruins of Europe and eventually disappeared instead? Rebuilt their communities?  Emigrated to the West? Would Eretz Yisrael have remained a British mandate, become a part of Jordan, morphed into a new Arab state? Would Jews have been barred from their homeland, tolerated by those overseeing it, or perhaps welcomed by them to live there in peace? Would there have been more Jewish casualties than the tens of thousands killed in wars and terrorist attacks since Israel’s inception, or fewer? Is the physical danger today to the millions of Jews in their homeland lesser or greater?

Would the widespread anti-Semitism that masquerades as anti-Zionism have asserted itself just as strongly as now? (A recent ADL survey revealed that Jews are hated by 87% to 93% of the populaces of North Africa and Middle East, and that the most widely held stereotype about Jews is that they “are more loyal to Israel” than their own countries.) Or would Jew-hatred have been undermined or attenuated by the lack of a sufficiently “sanitized” mask?

I don’t know the answer to any of those questions, of course. Neither, though, just as obviously, does anyone else, no matter how wise he may be or conversant with the facts of history. For we are dealing here not with history but with retroactive prophecy. And that’s something no one alive possesses.

Yet some people, understandably uncomfortable with even theoretically imagining an Israel-less world, sermonize as if they do know the unknowable, as if the very fact that a state of Israel exists means that those who opposed its establishment were misguided.

Please don’t misunderstand. Every sane and sensitive Jew today supports Israel’s security needs, and appreciates the fact that we can freely live in or visit our homeland; and that the state and its armed forces seek to protect all within the country’s borders.

And more.

We are makir tov for the good that previous governments in Israel have in fact provided Klal Yisrael, the support it has given its religious communities, yeshivos, Bais Yaakovs and mosdos chessed.

None of that, though, need come along with an abandonment of respect for great leaders of Klal Yisrael who felt that a different path to Jewish recovery from the Holocaust would have been wiser. Many of those leaders, of course, once Israel became a reality, “recalculated,” as our GPSs do at times, and accepted the state, even counseled participation in its political process. But they were adjusting to developments, not recanting their judgments, which were based on their perception that a secular state would, at one point or another, seek to adversely affect its religious citizens. A perception, it should be noted, that has been borne out by numerous policies and actions, from yaldei Teiman and yaldei Teheran to the agenda of the Lapids, père et fils.

The Gedolim who lived during the Holocaust, too, have been subjected to retroactive prophets’ harsh judgment.  Those who counseled Jews to remain in Europe, in the hope that political and military developments would take a different turn than they tragically did are blithely second-guessed.  Here, too, none of us can know with surety the “what-ifs?” or even the “whys?”

Not to mention that Gedolim are wise men, not prophets. Their guidance in each generation, which the Torah itself admonishes us to heed, does not assure us of any particular outcome. It is based, though, on their sublime connection to Torah, and thus must be of paramount importance to us. It’s odd how few would think of disparaging an expert doctor or lawyer whose best advice, following the prescribed protocol, led to a place the patient or client didn’t envision. Even if the outcome was unhappy, one would say, the advisors did their job. When it comes to Gedolim, though, some wax judgmental and condescending.

And it’s not an armchair issue. There are implications to disparaging the decisions of the true Jewish leaders of the past. It sets the stage for what, in our contemporary self-centered, blog-sodden and audaciously opinionated world, recalls the true prophet’s phrase “each man acting according to what is right in his own eyes.”

And the prophet is not lauding that state of affairs.

© 2014 Hamodia

A Place Called Doubt

The term “botched execution,” much in the news of late because of the case of convicted murderer Clayton Darrell Lockett, might seem to imply that the condemned prisoner has remained alive.  Mr. Lockett, however, died, at least indirectly as a result of the lethal three-drug cocktail administered to him on April 29.  His death was technically due to a heart attack, after he showed signs of life and even tried to speak at a point when the drugs should have conclusively dispatched him and the official execution was halted.

It turns out that the intravenous line sending the drugs into his body might at some point simply have slipped out (his body was covered during the procedure) but his protracted death has brought the subject of lethal injection as a means of execution – and the death penalty itself – into the global spotlight.

Considering that the crime for which Mr. Lockett was sentenced to death was the shooting and burying alive of an acquaintance, it’s hard to argue that, even if Mr. Lockett had an unnecessarily protracted painful death, it was devoid of some measure of justice – to the degree justice can be attained in this world.

But it has nonetheless raised the question of whether the combination of drugs used by some states is the best method of execution, and aroused the ire of anti-capital punishment activists.

The latter’s activities, ironically, have increased the likelihood of messy executions.  Because the simplest and most humane means of causing a person’s death is not a combination of drugs but rather the straightforward administering of a barbiturate like sodium thiopental or pentobarbital, routinely used at low doses in medical procedures as anesthetics and invariably lethal in larger ones.  Under pressure from death penalty opponents, however, drug manufacturers have halted supplies of those drugs to U.S. prisons (and require all resellers to do the same).  Medical societies, moreover, do not permit physicians to participate in executions.

The drug issue, however, is resolvable, and prison personnel can be trained to competently place IVs and administer the substances.  What most people are really talking about when they talk about “drug cocktails” and “botched executions” is the death penalty itself.

From a Jewish perspective, even aside from the import of the Sheva Mitzvos B’nai Noach, the removal of a dangerous person from the world is wholly proper.  And many Torah-respecting Jews, as a result, consider the death penalty in the United States to be a good thing.

And yet there is the sobering fact that the wheels of American justice have on a number of occasions gone off track.  Just last month the murder conviction of Jonathan Fleming, 51, was vacated by a New York judge when evidence emerged proving that, despite an eyewitness’ claim, he was out of state when the crime took place.  New York has no death penalty, but if it did, the new evidence might have been discovered too late. As it is, Mr. Fleming spent nearly half his life behind bars.

Then, this month, Brooklyn prosecutors dismissed murder convictions against three brothers who spent decades in prison for two separate homicides. A discredited detective, it has been charged, convinced a drug addict to falsely finger them in the crimes.

Nearly 70 people have been released from death row since 1973 after evidence of their innocence emerged. Many of these cases were discovered not because of the normal appeals process, but rather as a result of new scientific techniques, investigations by journalists, and the work of expert attorneys, not available to the typical death row inmate.

So where does that leave a believing Jew on the topic of the death penalty?  In a place too many of us don’t seem to believe exists: doubt.

We’re quick to recognize many of the unhealthy influences of contemporary society on our own behavior.  Our times assault us with attitudes, crassness, immorality and materialism, and we do our best to prevent ourselves from being affected by it all.  One societal ill, however, that seems to have snuck in under our religious radar is something that thoroughly riddles American politics and media: the need to “take a side” on every issue, and to proclaim that we know what we really cannot.

The ailment infects pundits and would-be pundits even in the charedi world, and it is not to our credit that it rages unchecked.  To be sure, there is nothing wrong with having opinions on all sorts of matters.  But, all too often, conclusions are offered with urgent conviction but without the complete knowledge, comprehension or objectivity that truly intelligent opinion demands.

It would do us well to resist the compulsion to pontificate when the topic at hand – and the death penalty is but one example – should inspire instead a sort of humble ambivalence.

© 2014 Hamodia

 

Bias Vs. Backbone

A sports team owner’s base racism was all the talk of the world town last week.  But a more subtle – and thus more dangerous – prejudice has been on public display, too, of late.  It was largely ignored, however, likely because the bias revealed was against charedi  Jews.

The opportunity for expressing the bias was the situation in the Monsey-area East Ramapo school district, whose public schools service a largely minority population but where there are many yeshivos and Bais Yaakovs.  And a prominent salvo in the recent bias-barrage was fired by New York Times columnist Michael Powell, who pens a column in the paper highlighting people against whom the writer has rendered his personal judgment of guilt.

His villains in an April 7 offering titled “A School Board That Overlooks Its Obligation To Students” were the Orthodox Jewish members of that entity, which is charged with overseeing the workings and government funding of all schools in the district.  Of the approximately 30,000 school children in the district, roughly 22,000 are in yeshivos; the remaining 8,000 are in public schools.

Mr. Powell began his piece by lamenting the laying off of assistant principals, art teachers and a band leader at the district’s public schools, as well as the curtailing of athletics programs and the rise in some class sizes.

The problem, the writer informs us, began with the “migration” of “the Hasidic Jews of Brooklyn – the Satmar, the Bobover and other sects” to the area.  Intent on “recreat[ing] the shtetls of Eastern Europe,” he explains, the newcomers have been “voting in disciplined blocs,” resulting in “an Orthodox-dominated board” that has “ensured that the community’s geometric expansion would be accompanied by copious tax dollars for textbooks and school buses.”  In case the bad guys’ black hats aren’t sufficiently evident, he takes pains to add his assertion that “public education became an afterthought” to the board.  The piece is accompanied by a photograph of a sad-looking black mother hugging her even sadder-looking son.

Then one Ari Hart, representing a Jewish social justice organization, Uri L’Tzedek, jumped aboard the bandwagon with an opinion piece in the New York Jewish Week.  Insinuating that the school board members are contemporary Shylocks, he righteously invokes Rav Moshe Feinstein, zt”l, who forbade yeshivos from taking government funds for which they do not qualify.  The article was titled “East Ramapo’s Children Are Suffering.”

What is really suffering here, though, is truth.

State funding to all school districts, including East Ramapo, is based on a statutory formula involving property values, income levels and public school student numbers.  Wealthier districts, fairly, receive less government funding than poorer ones.

For most school districts, where the large majority of students attend public schools, the state aid formula accurately identifies districts that are poor and require more aid, and those that are wealthy and require less aid.

East Ramapo, however, because of its odd student demographic and relatively high property values, is funded, following the formula, as if it were one of the wealthiest school districts in the state – when it is in fact one of the poorest.

The critics seem unaware (or choose to ignore) that all schoolchildren, even Orthodox ones, need textbooks and a way to get to school, and are legally entitled to both. School boards are thus mandated to allocate the funds necessary to meet those needs for both public and nonpublic school students; they would be in violation of the law were they to neglect that obligation.  Unfortunately, because of the state allocation formula and substantial budget cuts over recent years, insufficient funds have remained to support public school programs in the district than had existed in years past.

The East Ramapo School Board’s members have disbursed the funds entrusted to them the only way they could – the only way any responsible school board could possibly do so.

Why, then, their vilification?  Good question.  There are, I believe, two answers.  One is that a common, if mindless, conclusion when members of ethnic minorities level charges of wrongdoing against others is that the latter are guilty until proven innocent – in some cases, as here, even afterward.  Secondly, while there are crass bigots like Donald Sterling there are also more “refined” ones, who take care to hide their bigotries behind a mask of high-mindedness.

Something, however, happened this past week that should give pause to those intent on assuming the worst about charedi Jews and on trumpeting their assumptions.

At a press conference in Monsey, some 75 people gathered to speak, hear or report on a new initiative, “Community United for Formula Change,” launched by a group of local charedi, black and Latino activists, who are working together to address the problem of the East Ramapo school district’s inadequate funding.  Among those involved in the initiative are Chassidic rabbis, pastors of Latino and Haitian churches, and American-born black community members.

I was privileged to be present at the conference, as a representative of Agudath Israel of America, which is concerned with the acrimony in East Ramapo and is backing a bill in Albany that would allow an alternative state educational funding formula to be used in Rockland County.  I was struck by the friendship, unified spirit and determination among the multi-ethnic backers of the initiative.

One black speaker at the press conference, Brendel Charles (a councilwoman for the town of Ramapo, but who attended as a parent of two public school children), told Tablet magazine that “she originally believed the problem was that the ultra-Orthodox members of the board were making decisions without regard to others in the community.”

“I thought that there could be a possibility that there was something wrong,” she said, “that there could be a prejudice of [their] thinking, ‘We don’t have to give them that [they felt], because it doesn’t really matter’.”

She recalled hearing another parent suggest that “Well, we want to send the Jews back to Israel.”  Worse things were in fact said openly at school board meetings. One speaker compared the board to “Pontius Pilate washing his hands, or the soldier who has committed war crimes who claims he was only following orders.”

But when Ms. Charles’ husband joined the East Ramapo school board, she recounted, he quickly “realized that… the school board members weren’t trying to hurt the public school kids,” but rather that “we don’t have the money” to provide the services needed.

Ms. Charles, according to Tablet, “criticized those in her community who have allowed the situation to deteriorate” and is quoted as saying, “It’s been a war.  It’s become religious against non-religious, black against white, them against us.  ‘Their children are getting everything, our children are not.’  And that’s the wrong energy.  The color is green.  We don’t have enough money.  That’s the problem.”

Michael Powell, Ari Hart and others like them would do well to hear those words well, and to realize that people of good will and intelligence, of different colors and creeds, understand what needs to be done in East Ramapo.  And, rather than rabble-rouse or prance around on bandwagons, they have chosen the constructive path, and set themselves to the task at hand.

© 2014 Hamodia

The Secular Sky Is Falling!

(This essay appeared in Haaretz this week, under a different title.)

Well, it won’t be long now before Israel institutes penalties for watching television on the Sabbath and declares a religious war against the Palestinians. At least that’s what a cursory – or, actually, even a careful – reading of a recent New York Times op-ed might lead one to conclude.

In the piece, Abbas Milani, the head of the Iranian studies program at Stanford University, and Israel Waismel-Manor, a University of Haifa senior lecturer, argue that Iran and Israel might be “trading places,” the former easing into a more secular mode, the latter slouching toward theocracy.

Whether the writers’ take on Iran has any merit isn’t known to me. But their take on Israel is risible, and the evidence they summon shows how clueless even academics can be.

The opinionators contend that the “nonreligious Zionism” advanced by David Ben-Gurion in the 1950s is “under threat” today by “Orthodox parties” that “aspire to transform Israel into a theocracy.”

The irony is intriguing. It was none other than Ben-Gurion who pledged, in a 1947 agreement with the Agudath Israel World Organization, representing Haredi Jews, to do “everything possible” to promote a single standard, that of halacha, or Jewish religious law, with regard to “personal status” issues like marriage, divorce and conversion; to designate the Jewish Sabbath as the new state’s official day of rest; to provide only kosher food in government kitchens; and to endorse a religious educational system as an alternative to Israeli state public schools. Those concessions, which pretty much sum up Israel’s accommodation of religion, were seen as inherent to its claim to be a “Jewish State.”

The impression Messrs. Milani and Waismel-Manor seek to promote is that there has been some sort of sea change of late in the Haredi community’s influence and designs. The writers, like other “the secular sky is falling” oracles, point to demographics (the Haredi community considers children to be great blessings) and the rise of Haredi political parties (although they are not currently part of the government coalition and always at the mercy of the larger parties) as evidence.

But a closer look at recent religious controversies in Israel, whether the drafting of Haredi men, traditional prayer standards at the Western Wall, conversion standards or subsidies for religious students, reveals that Haredi activism, such as it is, is aimed entirely at preserving the “religious status quo” of the past six decades, not at intensifying the state’s restrained connection to Judaism – much less at creating a “theocracy.” Some outside the Haredi community feel that the religious status quo is outdated and needs to be changed. But Haredi political activism is limited to pushback against that cause; it does not aim to impose Jewish observance on any Israeli.

And on the infrequent occasions when individuals have sought to expand real or imagined religious values in the public sphere – like imposing separate seating for men and women on selected bus lines servicing religious neighborhoods – Israel’s courts have stepped in and conclusively quashed the attempts. (Separate seating on those limited lines remains voluntary, and anyone seeking to force it is subject to prosecution.) And when religious vigilantes have been reported to have done ugly things (see: Beit Shemesh), the reported actions have been broadly condemned, and have ceased. Messrs. Milani and Waismel-Manor presumably know that there have been no moves in Israel to compel synagogue attendance or to cut off criminals’ body parts, sharia-style.

They get totally wrong, too, what they describe as “the vast majority of Orthodox Jews” who they contend are “against any agreement with the Palestinians,” further contributing to the writers’ feverish imagination of (excuse the expression) Armageddon.

There are many, to be sure, in the “national religious” camp who agitate for annexation of the West Bank and shun the idea of a two-state solution to the Israel-Palestinian conflict. (The New York Times op-ed authors quite erroneously conflated this community, represented in Israel’s government by Habayit Hayehudi, with the Haredim, despite their distinctly different religious, political and cultural positions.

But the vast majority of Haredim are famously deferent to their religious leaders, many of whom have maintained for decades that that land may, indeed should, be ceded in exchange for a meaningful peace with trustworthy adversaries of good will. The current Haredi (and much non-Haredi) opposition to the here-again, gone-again current peace process is due to the apparent lack of such an adversary. While Haredim await the Messiah’s arrival and restoration of all of Eretz Yisrael to the Jewish people and the re-establishment of the Davidic kingdom, they do not consider it acceptable to try to push history forward.

Yes, Israel’s Haredi population has grown, and its growth has had impact on aspects of Israeli life – in Haredi communities. There has never been any attempt to insinuate religious practices into non-Haredi ones, and no one has ever put forth any plans to do so. The overwhelming majority of Israeli Haredim just want to be left alone and allowed to live their lives as their – and most Jews’ – ancestors did. That shouldn’t discomfit, much less threaten, anyone. And it certainly shouldn’t be portrayed as some looming catastrophe by sky-watchers in ivory towers.

© 2014 Haaretz

Jungle Jurisprudence

Tommy, a resident of Gloversville, New York, filed a lawsuit in a New York state court last year against Patrick and Diane Lavery for what he claims was his unlawful detention in a “small, dank, cement cage in a cavernous dark shed.”  Actually, to be more precise, the lawsuit was filed on Tommy’s behalf, by the Nonhuman Rights Project (NhRP), as he is a chimpanzee.

Legal action was initiated at the same time on behalf of Kiko, a chimp in Niagara Falls, and Hercules and Leo, primates in a research facility at Stony Brook University on Long Island.

The NhRP asked the court to declare Tommy, then 26, “a cognitively complex autonomous legal person with the fundamental legal right not to be imprisoned.”

In October 2011, People for the Ethical Treatment of Animals (PETA) filed a lawsuit on behalf of five orcas, accusing the theme parks owning them of violating the 13th Amendment, which abolished slavery. The suit was dismissed by a judge in the U.S. District Court for Southern California who wrote in his ruling that “the only reasonable interpretation of the 13th Amendment’s plain language is that it applies to persons, and not to nonpersons such as orcas.”

NhRP’s president, Steven Wise, an attorney who teaches “animal rights law” at Harvard Law School, lost a similar case on behalf of a dolphin in 1991.  But he is hoping, and not without reason, that over more recent years attitudes like that of Princeton University “ethicist” Peter Singer, who has decried “speciesism,” have taken hold in society and among the judiciary, at least with regard to animals like chimps, who, he says, “possess complex cognitive abilities that are so strictly protected when they’re found in human beings.”

Indeed, Mr. Wise has argued that, like severely compromised babies with no discernable cognitive abilities, animals like chimps should be considered persons in the eyes of the law.  Professor Singer, for his part, has gone a step further, stating bluntly that “The life of a newborn is of less value than the life of a pig, a dog or a chimpanzee.”  He takes his logic to its inevitable conclusion and advocates the killing of the severely disabled and unconscious elderly as well.

Such attitudes are of a part with books like the astoundingly offensive “Eternal Treblinka,” which compares “the exploitation and slaughter of animals” for food with Nazi concentration camps.

Some of the most fundamental philosophical and moral issues of our time – indeed of any time – touch upon the special distinction of humanness.  Calling an unborn child something other than that, for instance, and characterizing its destruction as a mere “choice,” is, in the word’s most stark sense, dehumanizing. As is the removal of other moral curbs on human behavior on the grounds that people are, as Professor Singer asserts, mere animals.

The prospect that the decision in the chimpanzees’ case might further fuzz the line between humans and animals should deeply discomfit those of us who believe that humans, with their ability to exercise free will and their obligations to the Divine, are special parts of Creation.

According to our mesorah, until the time of Noach, although animals were allowed to be used as beasts of burden, they could not be consumed as food.  After the Mabul, however, the eating of meat became permissible to mankind.  One reason that has been suggested for that change is based on another rabbinic tradition, that the dor haMabul, the “Generation of the Flood,” had lost its essential moral bearings, going so far as to act as if there were no difference between humans and animals.

The divine sanction of meat-eating, that approach contends, was a means of impressing humankind with the too-easily-lost truth that human beings are special, possessive of a spark of holiness that does not inhere in animals.

Mr. Wise has warned his students to not hope for “a principles judge,” one who might say “You lose. I don’t agree with your principles. I agree with the principle that [G-d] created humans, and we all have souls, and we’re special, and nonhuman animals do not and so aren’t.”  In that case, he tells his charges, “you’ve just shot yourself in the head.”  One hopes that no violence is involved, but that if any of the young men and women he teaches are inspired to follow in his footsteps, they will encounter many such a judge.

And yet, we would be wrong to blithely dismiss concerns for animal welfare.  We mustn’t forget that the Torah, although it permits us to “enslave” animals and even eat some of them, proscribes us from causing needless pain to non-human creatures.  Tzaar ba’alei chaim is a serious issur.

But the animal-personhood crowd has it all wrong.  The issue isn’t animal rights; there is no such thing.  The issue is human responsibility – ironically, itself a product of humanity’s specialness.

© 2014 Hamodia

Black Like Us

The confluence of this past Shabbos and reports about Los Angeles Clippers owner Donald Sterling’s alleged ugly racist remarks inspire me to share the piece below, which was written three years ago.

The Chasam Sofer probably never saw a black person.  There weren’t likely very many in 19th century central Europe.  But he certainly knew they existed.  After all, they are mentioned in a posuk, the one that opens the haftarah of parshas Kedoshim, which was this past Shabbos.  There, Kushites—Kush is generally identified as a kingdom in central Africa—are a simile for Klal Yisrael.

“Behold, you are like the children of Kush to Me,” the navi Amos (9:7) quotes the Creator addressing the Jewish People.

“Just as a Kushite differs [from others] in [the color of] his skin,” comments the Gemara (Moed Katan, 16b), “so are the Jewish people different in their actions.”

One might assume that the intention of that explanation is simply that, while most people often act thoughtlessly or selfishly, Jews, if they live as they should, do otherwise, planning their every action, concerned about their obligations to the Creator, and to others.

But the Chasam Sofer’s interpretation of the Talmudic comment (he apparently had “the righteous” in place of “the Jewish people”) goes in a different direction, and makes a point as fundamental as it is timely.

His words:

“It is well known that every Jew is required to observe all the mitzvos.  But there is no single path for them all.  One Jew may excel in Torah-study, another in avodah (service, or prayer), another in kindnesses to others; this one in one particular mitzvah, that one in another.  Nevertheless, while they all differ from each other in their actions, they all have the same intention, to serve Hashem with their entire hearts.

“Behold the Kushite.  Inside, his organs, his blood and his appearance are all the same as other people’s.  Only in the superficiality of his skin is he different from others.  This is the meaning of ‘[different] in his skin,’ [meaning] only in his skin.  Likewise, the righteous are different [from one another] only ‘in their actions’; their inner conviction and intention, though, are [the same,] aimed at serving Hashem in a good way.”

There are two messages to glean here.  One—which wasn’t intended by the Chasam Sofer as a message at all, but as a truism—is that people of different colors are only superficially different from one another.  What lies beneath our shells are the same veins, sinews and organs, no matter our shades.

The Chasam Sofer’s novel message, though, is that there are different ways, no one of them any less essentially worthy than any other, of serving Hashem.

All too often we fall into the trap of thinking that we, or our children, must follow a particular trajectory and land in a particular place in life.  But when Chazal teach that “just as people’s faces all differ one from the other, so do their minds,” they are informing us otherwise, that there are different, equally meritorious, trajectories, different, equally praiseworthy, landing places for different people.  It’s not just that people are dissimilar and will choose a variety of vocations, excel in a variety of fields, and establish individual priorities.  It’s that in all our diversity of vocations, fields and priorities, we can be entirely equal servants of Hashem.

Consider Rav Broka, who, the Talmud recounts (Ta’anis 22a), was often accompanied by Eliyahu Hanavi, and once asked the prophet whether in a certain marketplace there were any people who merited the World-to-Come.  The individuals Eliyahu pointed to turned out to be a prison guard who made special efforts to preserve prisoners’ moral integrity and who interceded with the government on behalf of his fellow Jews; and a pair of comedians, who used their humor to cheer up the depressed and defuse disputes.

One wonders if the parents of those meritorious men felt disappointed at their sons’ choices of professions.  Or whether they realized that there are, in the end, many paths that can lead to the World-to-Come.

© 2011 AMI MAGAZINE

The (Almost) Rude Jewish Man

Time was when you saw a person talking to himself you assumed he was deranged or at least a little off.  These days, of course, prattling people wired up or Bluetoothed are commonplace.  The unhinged are well camouflaged among the masses.

The middle-aged woman in the elevator didn’t even have anything in or clipped to her ear; she was holding an actual, physical cellphone near the side of her face.  And so, when she said, once, and then again, “Which is the way out?” I wondered to whom she was speaking and what topic was being discussed.

It was the end of a workday in downtown Manhattan, and only the woman, whom I hadn’t ever encountered before, was in the elevator when it stopped at my floor.  I didn’t mean to eavesdrop but had little choice.  So I started to imagine what might have yielded her repeated, somewhat urgent-sounding question.  A tax problem? (April was imminent.)  A troubled relationship?  Some existential crisis?

Following elevator etiquette, I faced the door.  But, for some reason (in retrospect, probably siyata DiShmaya), I turned briefly in the woman’s direction. It was a good thing I did.  Phone or not, she had been talking, I realized, to me.  Her expression, telegraphing annoyance bordering on irritation, made that very clear.

After a moment’s speechlessness born of surprise, I managed a smile and said “I’m sorry.  What were you asking?”  And she explained that she wanted to know which floor was the way out of the building.  I told her that floor number “1” was the lobby, and apologized for not having realized that she had been speaking to me and for ignoring her question.  Her earlier chagrin seemed to evaporate.  When the elevator landed at the lobby and we left our temporary prison, I wished her a good night and she wished me the same.

During the trek home, I pondered several things.  First, self-defensively, how is it that one might assume, especially when one is holding a phone, that others realize that you are addressing them?  A simple, loud “excuse me” to get their attention would, to my lights, be in order.

Then, though, turning inward, I pondered how getting lost in one’s thoughts isn’t an indulgence one should choose when others are around, even other strangers.  I was reminded of the fact that Hillel Hazaken’s version of what society calls the “Golden Rule” differs from that of other cultures.  He framed it in the negative: “What is hateful to you do not do to others.”  That might seem a weaker version than “Do unto others…”  But just the opposite is true: It is both more challenging and more meaningful to be on constant alert to not, consciously or otherwise, do something objectionable to another person.

A third thought, however, quickly edged out the others: What had happened almost hadn’t.

Had I not for some reason turned around briefly, I pondered, I would never have realized that it was me my co-prisoner had been addressing.  She would likely have just judged me a boor for ignoring her, left the elevator when I did, and gone on her way, all the while angry at the rude man who wouldn’t answer her simple question. The rude Jewish man.

Many people tend to generalize when they feel they have been offended by a member of an identifiable group, be it racial, ethnic or religious.  But while a black or Mexican or Asian or Muslim may not particularly care whether others see his actions as confirming a negative group stereotype, a visibly Jewish Jew must care indeed.

So thought #3 was about how very careful we Orthodox Jews need to be to avoid offending others – even when we don’t mean to do anything of the sort.  Part of that carefulness involves being aware of those around us in public places.  That’s not so simple a matter for observant Jews, as our convictions usually point us in the direction of inward focus, and keeping the outside at bay.  But on the other side of the scales is, chas vesholom, the possibility of causing, even inadvertently, others to think of our people and our faith negatively.

It’s a delicate balance, but a most important one, all the same, to strike.

© 2014 Hamodia

Social Injustice

It was Albert Camus’ insight that bad things often result from ignorance, and that “good intentions may do as much harm as malevolence if they lack understanding.

He could have been writing of the good souls whose desire for social justice has impelled them to smear members of the East Ramapo School District board for increased public school class size and cuts in school programs and extracurricular activities like sports and music.

A Jewish group, Uri L’Tzedek, is among the critics of the board, and contends that the majority “fervently Orthodox” members of the school board have been unfair to the primarily African-American, Haitian and Hispanic public school student population.  In these pages, a founder of the group, Rabbi Ari Hart, amplified its objections in passionate terms (“East Ramapo’s Children Are Suffering”).  Unfortunately, passion is no replacement for understanding

Rabbi Hart claims to have conducted a “careful review of the facts” and to have spoken to “leaders from the Jewish and non-Jewish community.”  But he apparently didn’t speak to any of the members of the school board.  Had he done so, he would have encountered the critical fact that undermines the slander he has accepted and promoted

State funding to all school districts, including East Ramapo, is based on a statutory formula involving property values, income levels and public school student numbers.  Education funds are provided accordingly; wealthier districts, fairly, receive less government funding than poorer ones.

For most school districts, where the large majority of students attend public schools, the state aid formula accurately identifies districts that are poor and require more aid, and those that are wealthy and require less aid.

East Ramapo, however, has an odd demographic: approximately 20,000 students in nonpublic schools, only about half that number in public schools – and relatively high property values, resulting in a totally skewed picture of the public school population’s wealth.  The district is thus funded, pursuant to the statutory formula, as if it were one of the wealthiest school districts in the state – when it is in fact one of the poorest.

The bottom line result is that the state provides the district with insufficient funds for meeting anything beyond the bare-bone requirements of the law.

Some of those requirements, like per-student book allocations and bus transportation, apply not only to public school children but to their nonpublic school counterparts (who also need textbooks and a way to get to school).  The district would be in stark violation of the law were it to direct resources to the public schools that would entail neglecting its legal obligations to the nonpublic schools.

No evidence has been produced that the East Ramapo School Board’s members have disbursed the state and other funds entrusted to them in anything but a responsible manner, meeting the state’s mandated requirements before budgeting other programs.

East Ramapo Superintendent Joel M. Klein (who is not an Orthodox Jew) has noted that program cuts were due to $10 million worth of cuts in state funding and $960,000 worth of cuts to federal funding.

“You can blame it on Jews, you can blame it on yeshivas,” said Mr. Klein, but the flawed state aid formula and funding cutbacks are the real culprit.

“When you lose $10 million on a $200 million budget,” he explained, “you have to make cuts. One year it’s arts and music, the next year it’s full-day kindergarten. We had to cut over 400 staff positions. No matter who was on the board, they would have made the same decisions.”

To insinuate, as Rabbi Hart and other crusaders against imagined charedi villains have done here, that East Ramapo school board members have somehow favored yeshivos over public schools is unjustified, irresponsible and dangerous, as it fosters anti-Semitism, which in fact is reported to have increased in recent weeks.

A malodorous red herring thrown into the mix by Rabbi Hart involves a sale of an unused public school building to a yeshiva.  An appraiser was accused of having assigned a value to the structure less than its market value.

Superintendent Klein, however, notes that the school board was not aware of the undervaluation.  And, in any event, it was not part of any pattern, and has no pertinence to the board’s allocations of the funds entrusted to it, which have treated public and nonpublic school students equitably and responsibly.

In his quest to portray East Ramapo school board members as Shylocks, Rabbi Hart invokes the celebrated halachic decisor Rabbi Moshe Feinstein, who unequivocally forbade yeshivos from taking government funds for which they do not qualify.

Rabbi Feinstein’s responsum is indeed important and binding – and irrelevant to the problems in the East Ramapo school district.  Be that as it may, using it to tar good people who are endeavoring to do exactly what it instructs is uncouth, indeed odious.  A more basic text that Uri L’tzedek would do better to ponder is Leviticus, specifically the verse “You shall not go around as a gossipmonger among your people.”

And all the vocal critics of the East Ramapo school board would do better to focus their passions on advocating for an intelligent state funding formula for the district – the lack of which is the real problem here.

 © 2014 New York Jewish Week