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Shul Bulletin

December 29, 1967

Law and Love, Part 2: Flower Power? (1967)

Halachik Method
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Law and Love, Part 3: Act Lovingly to Thy Neighbor (1968)

Finally, we must not ignore those (and they may well be a majority of human beings) who cannot or do not experience love. Such people are no less decent, no less sensitive, no less moral or ethical than those who do love. They have every right to a decent life and to the protection of their emotions, of their families, of their children – no less so than those blessed with the gift of feeling love. Jewish law attempts to create the conditions under which love can flourish in human relationships, and under which people can live humanly with each other even if they do not attain love. If one examines the consistent manner in which the Talmudic Sages applied the commandment ve’ahavta le'reiakha kamokha, he will discover that its correct translation ought to be not “Love thy neighbor as thyself,” but “Act lovingly towards thy neighbor as thou wouldst act towards thyself” (see the commentary of Rabbi S. R. Hirsch on this verse). It is precisely because of Judaism’s concern for the integrity of marriage and home that it legislates on such matters. In fact, the more important the subject, the more does Judaism hedge it about with laws. It is because marriage is so sacred and sexuality so sensitive that the Torah prefers to protect it legally rather than wax poetic about it romantically. Torah considers marriage and family and yihus (the legitimacy of lineage) so significant, that it will not allow them to be left to the whim of sudden passion and instantaneous infatuation.That is why gittin and kiddushin (divorce and marriage) abound in such complex technicalities. Marriage is a lifelong relationship of the most significant and far-reaching consequences which is initiated by a single ceremony or contract. Therefore, we must make sure that both parties know exactly what they are doing, that both offer their free and untrammelled consent, in order that no avoidable errors be perpetuated. Hence, the Halakhah’s insistence upon the formality of the ring, of the witnesses, of …
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Law and Love, Part 4: Caution!! (1969)

These considerations afford us the opportunity to recall that very special care must be taken in any matter relating to marriage or any situation where there exists the possibility of mamzerut, illegitimacy. Too much depends upon this, and so every precaution must be taken in advance. Hence, we must make sure that if, as often happens in the course of life, we are ever beset by a problem in this area, we always inquire of competent rabbinical authority — and the emphasis is on the word “competent.” It is unfortunate that people are sometimes innocently misled and later discover that they are involved in horrendous problems. Orthodox Jews — and, for that matter, all other Jews — must remember that rabbinic functionaries in marital matters must be fully Orthodox, experts in the area, and ethical individuals. The disqualification of those who do not fully accept the authority of Jewish Law is not a matter of pique or institutional rivalry, but of principle and law as well as common sense. Unfortunately, there are some few “Orthodox” rabbis whose credentials are questionable, and one must therefore always check carefully in advance — no less than one solicits opinions about the reputation of a dentist or a surgeon. Happily, the Rabbinical Council of America has in recent years established a fully qualified and smoothly functioning Beth Din to which most Orthodox rabbis now refer questions of ishut.These matters, about which very special care should be exercised, include divorce; remarriage or marriage of any person who has previously been married; proselytization or marrying a proselyte or a descendant of a proselyte; artificial insemination; the adoption of children, whether Jewish or non-Jewish. The problems that exist in such cases can be enormous; most of the unhappy consequences are avoidable if we are wise enough to inquire before proceeding impulsively.The Torah is the center of our lives as individuals and as a people. Its mitzvot guide our conduct, its ideals …
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Law and Love, Part 5: What Hath Reform Wrought? (1968)

Regretfully, no matter how liberal or moderate an Orthodox Rabbi wants to be, no matter how he wishes to keep up good relations with Jews of differing convictions, he can only view with the deepest sorrow the havoc wrought by Reform when it abandoned Jewish marriage law. This was probably the most historically irresponsible act in the recent annals of our people. Based on a piece of spurious scholarship, Reform proclaimed that a civil divorce is adequate, and that a get is unnecessary for remarriage. It overlooked the glaring inconsistency of insisting that marriage should be a religious ceremony, while divorce may lie a civil ceremony. As a result, it cavalierly dismissed the consideration that the Halakhah considers the previous marital bond still in full force. Therefore, the person who remarries without a religious divorce is considered as living in adultery, and the children of such a union are illegitimate.Now, illegitimacy, uuimzerut, imposes a terrible burden on such children: they are forbidden to marry any others save those in the same category. Too much human tragedy has resulted from this irresponsibility for us to remain silent about it. That is why, with all our concern with religious freedom in Israel, we must draw the line at matters of r/ifti>1 an<l kidduxhin. It is bad enough that Reform has destroyed the the happiness of so many Jews and Jewesses in this country, often forcing a young couple to make a tragic choice between love for each other or loyalty to the basic tenets and laws of their faith; we do not need this to destroy the unity of the Jewish community of the State of Israel as well. One can only hope that enlightened Reform had-ers will themselves come to this realization and attempt to correct the situation — or at least not endeavor to impose it on Israeli Jews.These matters are not always pleasant to discuss. Yet without them there is no Judaism. They are too important and too dangerous for us to pass over them in polite silenc…
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