Home Home / Exchange with Judge Alvin Hellerstein about Counting Women in a Minyan (1973)

Correspondence

October-December 1973

Exchange with Judge Alvin Hellerstein about Counting Women in a Minyan (1973)

Women & Judaism
Background Information

Judge Hellerstein, a congregant at The Jewish Center, engaged in a number of robust written debates with Rabbi Lamm on the interface between Jewish law and contemporary issues, particularly around women and halacha.

Background Information

1. Alvin Hellerstein to R. Lamm

1. Alvin Hellerstein to R. Lamm (Oct. 6, 1973)

1. Alvin Hellerstein to R. Lamm (Oct. 6, 1973)

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Dear Rabbi Lamm: Your essay “Law and Love” in the February 23, 1968 edition of the "Bulletin" has filled me with disquiet and I should like to deliver myself of some thoughts. You say “We are discharging our responsibility to them [our fellow Jews who have abandoned Jewish marriage law] and to their children. . .and to generations yet unborn, informing them and cautioning them about the Torah's law of marriage and legitimacy." I gather you mean that we, the Orthodox, are responsibly upholding the letter of our law of marriage and divorce and woe to those who do not heed. In my opinion this view is irresponsible, not responsible, in terms of real problems with which people become involved. If, as I believe is the case, people are asked to decide whether to submit to a set of laws in circumstances where applications are manifestly unjust and harsh or ignore the law, the law will be ignored and held up to ridicule, and indifference and disrespect to all its precepts will be encouraged. As I suggest below, the law regarding divorce is in immediate need of reform and it is not seemly to caution others unless there is a will and intention to bring such a reform about.Let us take the case of a woman, wronged by an adulterous husband who abandons her and their children and moves to a distant state, perhaps to remarry or otherwise to take up life anew. From every point of view, the best course for the woman, for herself and her children, would be to divorce herself from her husband and remarry. Civil law permits this. With the husband's consent, Jewish law permits this. In times of old, consent of the husband could often be compelled for by custom and law a man could only with difficulty escape the jurisdiction of the rabbis. Consent cannot be compelled today. Should not law recognize this changed condition. Was God at Sinai deficient in his omniscience so as not to foresee such a changed condition?I cannot believe that religious institutions can be so paralyzed as not to r…
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Dear Rabbi Lamm: During our brief discussion at the meeting of Think Tank, I argued that we should not formulate a uniform policy to deal with problems of Women's Liberation. Instead, I felt that Rabbis should anticipate and deal with these problems as they occur in their communities. I also felt that in the process of reaching a solution, each Rabbi should, within halachic bounds, take into consideration the nature and circumstances of the problem, the individuals involved and the impact which his solution might have on the immediate community and the community at large. I realize that my approach may result in different standards of observance from community to community but I believe that there are sufficient precedents for such different standards. For example, some religious schools are co-educational, some Synagogues allow women to participate in singing and receptions, etc. You argued that my suggestion was not practical because conditions in New York are such that Rabbis fearing other Rabbis are reluctant to suggest new programs designed to make the observance of tradition by women more meaningful. You also implied that you favored the creation of an "Advisory Body" which would either approve new decisions or suggest alternate solutions. This prompted me to suggest to Rabbi Rackman that we discuss whether or not present day circumstances require the creation of a supreme Rabbinical Authority. Frankly, I would argue against it. I believe that as in the past, local Rabbis and Beth Dins should be accorded sufficient authority to solve problems as they arise. I think that this system has worked well for many years and I would be strongly opposed to changing it. I feel that the institutionalization of religion in Israel with its inherent red tape and patronage has had a catastrophic effect on religion and the respect for it everywhere. I am aware of the annoyances to which you are subjected particularly when you receive so many phone calls, but I do believe that…
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Dear Rabbi Lamm, Information has come to us that you have made demeaning statements against our organization and statements made by some of our officers during the past week. Since these alleged statements were not made in our presence and the information has come to us from hearsay, we would appreciate hearing from you as to what you actually did say. With fondest regards, we remain Sincerely yours, Rabbi Abraham Gross President
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