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Rabbi Barry Leff Digest
Number 59  Date  100703

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Topics in this digest: Yom Kippur Sermon, 5764

Later today during our Afternoon Service we’re going to again take out the Torah scroll and read a verse from the book of Vayikra, Leviticus, which reads “And a man shall not lie with a man as he does with a woman.  It is a toevah, an abomination.”

How do we reconcile this verse with changes going on in our culture?  Gays and lesbians no longer need to deny who they are, or who their partners are, in order to be accepted in straight society.  Here in Canada same-sex couples can now get married.

Do we have to choose whether to ignore the Torah or to deny what we see around us?

When asked why the Conservative movement refuses to ordain openly gay and lesbian persons as rabbis, Rabbi Ismar Schorsch, the Chancellor of the Jewish Theological Seminary in New York said: “There is no doubt that such a step would fracture the movement, and in a very severe way. If you want to see the end of the Conservative movement, that's the step to take now."

I strongly disagree with the esteemed Chancellor.  Rather than seeing the debate as a bad thing that could lead to the destruction of the movement, I see it as a positive sign that the movement is alive and well, and committed to the principles on which it is based.

In fact, the fact that we’re debating this issue is one reason why I’m a Conservative Jew and not associated with some other denomination.

People sometimes ask me “why did you choose to become a Conservative rabbi?”  It’s not the movement I grew up with—when I was a kid the shul we did NOT go to was Orthodox.  I could also have chosen one of the three “R’s”:  Reform, Renewal, or Reconstructionist.  So why be a Conservative Jew?

It’s because the Conservative approach to Judaism is the only one that really makes sense to me, that resonates with my soul.  Ever since the destruction of the Temple nearly 2000 years ago, Judaism has had to struggle to reconcile tradition and change.  On the one hand, we need to be faithful to our God, to our Torah, and to the traditions of our ancestors.  It’s what makes us Jews.  On the other hand, we are a part of the world around us, we are influenced by both advances in scientific knowledge and changes in that larger society of which we are a part.  Adapting to those changes is what has kept Judaism a dynamic, living, vital spiritual practice, and not just a relic, a museum-piece dedicated to showing us the way things once were.  It’s far more important that Judaism be able to tell us the way things are.

And change is a part of the way things are.  In the late 1700s and early 1800s the Haskalah, the Enlightenment, was sweeping through the Jewish world.  Jews in Western Europe were being freed from the ghettos, they were given full rights as citizens of the countries they lived in.  It was a heady and exciting time.  A number of Jews embraced this new freedom wholeheartedly and set out to reform Judaism, to make it more modern, to make it more like the worship followed by our non-Jewish countrymen.  There were experiments with the liturgy, with the language of prayer, even with moving the main day of synagogue attendance to Sunday.  The Conservative movement traces its origins to 1845, when Rabbi Zecharias Frankel in Germany broke away from his Reform colleagues because they said that Hebrew was not necessary in the prayer service.  Frankel felt they had gone too far in the direction of “change.”  Interestingly, the Orthodox rabbis of the time also did not approve of Frankel, because he said it was OK to change the prayerbook—just not that radically!

And that is where Conservative Judaism has been ever since that day in 1845—the philosophically most difficult and nuanced place in the spectrum of religious thought: not blindly wedded to tradition, which is easy to justify because, well, it’s the tradition—and not throwing out the tradition in favor of wholesale changes simply because it’s a new world.

That effort to balance tradition and change plays itself out in the Conservative approach to halacha, to Jewish law.  Halacha is the intersection of belief and action.  As it says in Emet Ve-Emunah, the Conservative movement’s statement of principles, “Halacha consists of the norms taught by the Jewish tradition, how one is to live as a Jew.”  The word itself, halacha, comes from the same root as the word “holach” which means to walk.  Halacha is the Jewish Walk, the Jewish Way.  Halacha is what our community understands to be God’s will.  And that is a crucial point.  Conservative Judaism understands halacha to be binding on us all.  As my teacher Rabbi Daniel Gordis put it, “mitzvah does not mean suggestion.”  We call them the Ten Commandments, not the Ten Suggestions.  We are obligated to follow the commandments.  That sense of being commanded by God is fundamental to the spiritual path that is Judaism.  It defines us in a unique kind of relationship with God and the Jewish people.

In that way, we are similar to the Orthodox, who also maintain that we are bound by halacha, and UNlike the Reform, who maintain that the ritual commandments are not binding.  Where we differ from the Orthodox is in our approach to halacha:  the way in which we decide what is the law, the way in which we determine what we believe to be God’s will.

As Rabbi Elliott Dorff says in an article he wrote for a symposium at San Francisco State University, “unlike the Orthodox, Conservative Jews study the Jewish tradition -- including its laws -- in their historical context.  Sometimes the scientific, social, economic, or moral conditions are relevantly different from what they were when a particular law, judicial ruling, or custom became normative, in some cases the rabbis of the current generation find those differences to be sufficient to warrant a different ruling.”

That willingness to take scientific, social, economic and moral conditions into account when deciding what should be the law is what has led to the most acrimonious debates within the Conservative community.  People of integrity and good intentions can strongly disagree about when changes in those external factors merit a change in halacha.  Even though everyone in the Conservative movement might agree in principle that we are about balancing tradition and change, we do NOT always agree about exactly what that balance should be.

For many issues, the fact that we don’t all agree isn’t a problem.  The Conservative movement is a pluralistic movement.  For example, most Conservative Jews know that there’s a teshuva, a Jewish legal opinion, that it’s OK to drive to the synagogue on Shabbat and holidays.  What most Conservative Jews might NOT know is that there is also a teshuva which says it is NOT permissible to drive anywhere on Shabbat, even to shul.  So what do you do if you’ve got two rules:  one says driving to shul is OK, and the other says it isn’t?  The answer is that each individual rabbi, as the mara d’atra, the decision maker, for the community can decide which teshuva is correct, or which is correct for his or her community.

There are many issues besides the driving issue where we have no agreement in the Conservative community.  There are Conservative rabbis who say it is OK to use electricity on Shabbat, and there are those who say it isn’t.  There are those who say it is OK to eat dairy meals in non-kosher restaurants, and there are those who say it is not.  There are those who will allow women to sign as witnesses on ketubot and gets, and those who will not.  While most Conservative shuls are egalitarian, there are a few back East that will not give women an aliyah, allow them to read the Torah or to lead services.

This pluralistic approach to Judaism is the one which I believe is most authentically in keeping with the spirit of Judaism.  I love Talmud—I spend at least half an hour every day studying it.  And you cannot study a single page of Talmud without seeing argument, debate, and an acceptance of different approaches to the law.  There are many sources in our tradition which can be drawn from to come to radically different solutions, both credibly within the framework of the tradition and within the bounds of halacha.  The Talmud is full of debates between the school of Shammai and the school of Hillel.  One time when both sides claimed the halacha was with them, a heavenly voice cried out and said “eilu v’eilu divrei Elokim chayim,” both these and those are the words of the living God.  They are both valid.  They both may be right for their community.

When this pluralistic approach becomes difficult to maintain is when it comes to issues that effect the movement as whole.  In the 1980s the movement went through a very difficult and divisive debate about ordaining women as rabbis. 

There were those who argued that to allow women to serve as rabbis would be to ignore 2000 years of rabbinic understanding of the Torah.  One rabbi argued that “anyone who will contribute in any way towards enabling women to be admitted to the Rabbinical School will be transgressing the biblical injunction, ‘Before one who is blind, do not place a stumbling block.’  He will also be violating the rabbinic prohibition to assist transgressors.”  In other words, he was saying that if you even lobby in favor of ordaining women, you are committing a sin by leading others astray.   Foreshadowing  Rabbi Schorsch,  Rabbi Simon Greenberg wrote, “There are those who predict that the question of the ordination of women at present agitating the Conservative Movement will inevitably result in the dissolution of the Movement.”  Guess what?  It didn’t happen.

To be sure, the halachic issues surrounding ordaining gays and lesbians are different from the issues that surround ordaining women.    But the overall context of the debate is strikingly similar.  The social circumstance in the world around us had changed: how were we going to respond?

Earlier this year, Judy Yudof, the President of United Synagogue, called on the rabbinical leadership in the movement to readdress the status of homosexuals within the movement.

There are two major issues surrounding our treatment of  gays and lesbians in our community.  1.  Should we ordain openly gay clergy?  And 2.  Should Conservative rabbis conduct same sex marriages or commitment ceremonies?   

She made this request because many congregations are not satisfied with current “official” position on homosexuality, referred to as the “Consensus Document.”   Approved in 1992, the consensus document says the following:

      1)      Conservative rabbis should not perform same-sex commitment ceremonies

      2)      Gays and lesbians who are out of the closet will not be admitted to rabbinical school, cantorial school, or admitted to the RA or CA.  Witch hunts will not be conducted regarding people currently enrolled.

      3)      Whether homosexuals may function as teachers or youth leaders in our congregations and schools will be left to the rabbi authorized to make halakhic decisions for a given institution within the Conservative Movement.

      4)      Whether or not to give homosexuals synagogue honors or allow them to serve in lay leadership positions in the synagogue is up to the rabbi and lay leadership.

      5)      In any case, we hereby affirm gays and lesbians are welcome in our congregations, youth groups, camps, and schools.

There are many people in the Conservative movement, myself included, who are very troubled by this consensus document.  And I would not call it a “consensus” document anymore, because it certainly does not reflect a current consensus.

To start with, saying that synagogues can choose not to give gays and lesbians honors, or can refuse to allow them to serve in lay leadership positions, seems homophobic.  Let’s accept for a minute the argument that homosexuality is a sin (which I don’t accept, but we’ll come to that).  There is no logical reason to single out this particular sin for special treatment.  Yes, the Torah says that if a man lies with a man as a woman, it is a toevah, an abomination.  However, the Torah also says that if you eat clam chowder it is an abomination.  If we’re going to say we’ll only give aliyot to Jews who don’t break any of the commandments, we’re going to have a hard time getting 8 up to the bima on a typical Shabbat.  To say that gays and lesbians are “welcome” in our congregations, but that the synagogue leadership can decide not to give them aliyot, or even allow them to open the ark, is disingenuous.  How welcome would YOU feel if treated in such a manner?

The current policy regarding gay clergy has been criticized as a “don’t ask, don’t tell” policy.  Only gays who are in the closet can be ordained.  If our chazzan—the wonderful, amazing, talented Andrew Lippa—were to decide to quit his day job and become a full time cantor, he would be turned down by the Cantorial School at JTS.  And any of you who have been here over the holidays could testify, this would be a tremendous loss to the Jewish world. 

The fact that Beth Tikvah is a community that is welcoming to all Jews regardless of gender, race, or sexual orientation speaks well to the value we place on being inclusive.  The fact that we accept gay clergy shows that we are ahead of the official position of the movement on this issue.

The consensus document is advisory in nature: it is not binding on individual rabbis, who are free to make their own decisions.  There are many Conservative rabbis who will perform same-sex commitment ceremonies.  My views on this topic are already known from talks I’ve given in other forums: I do not consider homosexuals in loving committed relationships to be sinners, and I therefore favor ordaining gays and lesbians as clergy.  I would be willing to conduct a ceremony celebrating their relationship for a same sex couple.

However, rabbis do not make their decisions in a vacuum.  Because something is permitted does not mean it is mandatory, and it is a community decision whether or not to allow same sex commitment ceremonies in the synagogue sanctuary, and how to handle the membership status of gay couples.  Individual synagogues do not need to wait for the movement as whole to take a position before taking a position of their own. 

For example, Beth El Congregation, the largest Conservative synagogue in Baltimore, recently voted to allow its rabbis to perform same-sex commitment ceremonies in the sanctuary.  Last month, two women became the first couple to take advantage of the new policy.  Some Conservative rabbis on the West Coast have been doing commitment ceremonies for at least ten years.

In both the cases of ordaining openly gay clergy and conducting same-sex commitment ceremonies, the underlying question is the same.  Is homosexuality a sin?  If it is a sin, as a movement committed to halacha the Conservative movement would no more ordain an openly gay clergy person than it would ordain someone who openly did not keep kosher.  If a gay relationship is a sinful relationship, a rabbi would not acknowledge it with a public ceremony.  But if it is not a sin, there are no barriers to ordaining gays and lesbians as clergy, or to conducting commitment ceremonies.

The process though which we make the decision about whether homosexual relationships should be viewed as sinful is at the heart of efforts to balance tradition and change. 

The details of the debate go far beyond the scope of what I could cover in a high holiday sermon.  There is just one aspect of the debate I want to touch on, and that is whether in the face of the verse we have in this afternoon’s Torah reading, we can make such a change and still call ourselves a movement governed by halacha.  The answer is most certainly yes!  The Torah itself gives us the power to do so.  In Deuteronomy 17:8-9 we are told that if a controversy arises in your gates, you should go to the “judge who shall be in those days and inquire.”  The Talmud understands this as giving the judge “in those days”—in every generation—a great deal of leeway in determining what is the right answer for the community at that time.

We have many examples of things that are explicitly mentioned in the Torah that have changed over time.  Going by the Torah it’s OK to own slaves, and it’s OK for a man to have more than one wife.  All debts are supposed to be forgiven every seven years.  A rebellious son is supposed to be put to death.  None of those rules is operable today.  Most Orthodox halachic authorities hold that it is a matter of Biblical law that women cannot lead services or serve as witnesses.  The Conservative movement has obviously come to different conclusions.  The Torah prohibits the offspring of forbidden unions from marrying into the congregation; the Torah prohibits Kohenim from marrying divorcees.  The Conservative movement has taken positions contrary to what it says in the Torah because we feel changing circumstances compel us to do so.

The real question is not whether we CAN change the law, but whether we should.  And that will be a discussion for another time. 

Teshuvot, Jewish legal opinions, have been written on both sides of this argument.  I’ll make copies of those teshuvot available in the office for anyone interested in reading them.  In the next few months, I plan to hold a teaching session where we will study some of these teshuvot.  The other Conservative congregations in Vancouver are also looking at this issue and we plan to have a joint meeting between all three Vancouver-area congregations in December or January so that all three congregations can hear the opinions of all three local Conservative rabbis.  It’s my hope that out of those discussions will emerge a consensus which could form the basis for synagogue policy.

Even though I have studied the issue at length and have come to a conclusion, I still feel that the fact that we are grappling with this issue is a very good thing.  If we were to say “tradition!” and stop the discussion, it would be wrong, because we would be denying the reality of the world around us.  If we were to simply say, “of course we should change, why should there be any prejudice against this group of people?” it would mean we are not giving sufficient consideration to thousands of years of tradition.  Halacha should not immediately respond to every change in society.  Major changes should be made slowly, carefully, and thoughtfully. 

As we consider this issue, I believe we are truly straining to understand the will of God.  May God grant us the wisdom, courage, and compassion to come up with the proper balance between tradition and change.  

Amen.

It is a great mitzvah to serve God with great joy, always...R. Nachman of Breslov

Rabbi Barry Leff
Beth Tikvah Congregation
9711 Geal Road
Richmond, BC  V7E 1R4

phone: (604) 271-6262
fax: (604) 271-6270
web:
www.btikvah.ca
email: rebbarry@yeladim.org

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