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Correspondence

July 27, 1970

Letter from Lawrence Kobrin to R. Rackman about Article by Joseph Kaplan on Beth Din Policies (1970)

Jewish Law & Secular Law
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Letter from R. Isaac Klein about Article on the Fifth Amendment and Halacha (1956)

Dear Rabbi Lamm: Let me congratulate you upon your fine study published in the last issue of Judaism. I am happy to learn that the day by day duties of the rabbinate have not completely displaced your inclination to study. Keep it up. Very few rabbis manage to pay proper attention to both. May I also use this opportunity to thank you for your telegram congratulating me at the occasion of my receiving life tenure. It was very thoughtful of you and I appreciate it very much. Regards to your charming rebbitzen and to your entire flock. Rabbi Isaac Klein
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Letter to Lawrence Kobrin about Article on the Fourth Amendment and Halacha (1967)

Dear Larry: Thank you very much for your thoughtful comments on my recent article on the Fourth Amendment. The avenue of investigation which you suggest is interesting. Off-hand, however, I am not aware of any communication that is regarded by the Halakhah as "automatically privileged." The very fact that, as I mentioned in my article, every communication is considered sacrosanct, would seem to make superfluous any special category of "privileged information." Nevertheless, I am putting your letter aside and hope to think about it a bit more systematically, when I return to the city, please God. Meanwhile, Mindy joins me in sending best regards to Ruth and in expressing our delight that the two of you, after your long search are finally becoming our close neighbours.Cordially yours,RABBI NORMAN LAMM
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Letter to Lawrence Kobrin about Amicus on Abortion Laws (1971)

Dear Larry: I have been thinking about the problem you raised concerning Federation's decision to appear in court as Amicus favoring the present liberal abortion laws. And the more I think about it, the more unhappy I am with this policy. Let me briefly outline the halakhic problems. There are a number of elements that must be taken into consideration. In addition to the fundamental issue of foeticide, the question is complicated by two basic matters: the fact that the action contemplated affects all sectors of our society, both Jewish and non-Jewish; and, if we indeed find that such endorsement of current abortion legislation is halakhically offensive, the degree of culpability that can be assigned to this kind of action by Federations, namely, lending support to a legal brief. The first matter refers back to the dual legal system posted by Judaism: Noahide law for Gentiles, and Israelite law far more comprehensive and restrictive -: applying only to Jews. The second matter must be resolved on the basis of lifnei iver, which I will explain shortly. 1. Are non-Jews forbidden by Torah law to destroy an unborn child? That foeticide is a grave offense for Jews is too obvious to require documentation. A large modern literature has already accumulated on the subject. While there are important exceptions, such as where the health of the mother is significantly jeopardized, the Halakhah is strongly against abortions and, in most cases, considers them as murder, albeit not punishable by the courts. The question of whether foeticide is covered in Noahide law is taken up in the Talmud (Sanh. 57b). R. Ishmael, in a baraita, holds that it is forbidden. Although an anonymous Tanna disagrees, the weight of halakhic opinion clearly favors R. Ishmael; see, for instance, Maimonides, Hil. Melakhim 9:4. Interestingly, according to this authoritative view, abortion by non-Jews turns out to be even more severe in its ramifications than when performed by Jews, for while Jews are punishe…
Jewish Law & Secular Law