Category Archives: issues of morality or ethics

Musing: Opinions Gone Wild

I’m greatly pained by much of the reaction in the Orthodox community to what has come to be called the Iran Deal.  To be sure, there are elements of the agreement that are less than ideal. And there is nothing remotely wrong with pointing out those things, even without acknowledging the deal’s positive elements.

But there is something wrong, terribly wrong, tragically wrong, in assuming that anyone who dares to see the positive as outweighing the negative is ipso facto “anti-Israel” or, if Jewish, a “traitor” or “sellout.”  That opinions other than one’s own are not just misguided but evil.

And there is something particularly ugly about ads – like those that an unnamed person or persons placed in several Orthodox newspapers – that stoop to the basest sort of character assassination (aided by Photoshopping a Congressman’s face to make him look like an ogre), and are reminiscent of how true enemies of Jews have portrayed us all in centuries past.

Similar ads demeaning elected officials who are opposed to the deal would be no less obnoxious.  The issue isn’t what “side” one is on.  It is how a Jew expresses himself, as a mensch, or as something else.

At this introspective time of the Jewish year, I hope that the person or people behind “American Parents and Grandparents Against the Iranian Deal” and the papers that hosted its offensive ads will give some thought about whether name-calling and insults are the Jewish way to express a political opinion, even about an important issue.

Musing: Atticus and the Yomim Nora’im

The American 1960 classic “To Kill a Mockingbird” was in the news this summer, the result of the publication of an earlier version of it, a sequel in reality, that its author, Harper Lee, had written, and which was apparently only recently discovered.

Millions have found the 1960 book inspiring, and it is indeed a rare work.  It wonderfully captures Southern American life in the 1940s, and deals thoughtfully with themes like racism and friendship.  What’s more, it is suffused with subtle humor.

And it has provided American culture with a hero, in the form of “Atticus,” as the father of the narrator, a little girl at the time the novel takes place, is called.  Atticus, a lawyer, is a paragon of honor, rectitude and compassion, and, although a mere fictional character, has been an inspiration to many a living lawyer and judge.  The Alabama State Bar even erected a monument to him.

Were I a literature teacher and had assigned the book to students, a question I would ask them would be to identify Atticus’ most heroic act.  Some might point to his acceptance of the legal case at the heart of the book, defending a black man against a white accuser.  Others to his standing up to a crowd intent on a lynching of the suspect.  Some might even respond with his facing down of a mad dog, which he kills with a single rifle shot.

My own answer to my question, though, would be something very different.  At one point in the book, it is recounted how a character, Bob Ewell, a wretch intent on seeing the defendant found guilty and executed, approaches Atticus on the street and spits in his face.

Atticus, who has every reason and ability to lay the scoundrel low, instead, in the words of the woman recounting the incident, “didn’t bat an eye, just took out his handkerchief and wiped his face and stood there and let Mr. Ewell call him names wild horses could not bring her to repeat.”

In Hebrew, the closest word to “hero” is gibor, often translated as “a strong man.”  And its definition is provided us in the fourth chapter of Pirkei Avos:  “Who is a gibor? He who conquers his evil inclination, as it is said: ‘Better is one slow to anger than a strong man, and one who rules over his spirit than a conqueror of a city’ (Mishlei 16:32).”

Heroism and strength in Judaism are evident not in action but in restraint, not in outrage but in calm.  Something to think about as the Days of Judgment grow closer.

Exhibit A: Us

It’s not his name but I’ll call him Yochanan, after R. Yochanan ben Zakkai, who, the Gemara tells us (Berachos 17a), was first to greet anyone, Jew or not, he passed in the street.

Yochanan and his wife – we’ll call them the Sterlings – have long used the services of a car repair shop run by an Egyptian Coptic Christian.  We’ll call him Samir. Another of Samir’s customers is Pinchas.

Pinchas related to me last week that he was at Samir’s repair shop recently and that Samir asked him if he knew Yochanan and his wife.  He did, he said, quite well.  And then Samir spent the next ten minutes singing the Sterlings’ praises.  They always smile at him, he related proudly, and ask him about how things are going with his business.  They never argue over charges.  They show an interest in him and make him feel valued.  “Some Jews I don’t like,” he admitted to Pinchas, “but people like them are the real deal.”

Coptic Christians, although they are Arabs, have been attacked repeatedly and savagely by Islamic radicals in recent years; many have been viciously murdered.  So Jews and Copts today share a common enemy. But Eastern Orthodox Churches like the Coptic one have their own long histories of Jew-hatred, and it persists today among many in contemporary Eastern Orthodox communities.

Samir, though, despite his religious background, is enamored of Jews, at least Jews like the Sterlings (and, I suspect, Pinchas).  He has no choice but to accept the evidence of his senses.

And yet, according to Google, the most asked question about Jews is why they are “so rude.”

We don’t have Nevi’im today; and if we did, Google would not be among them.  But that doesn’t mean we can’t, or shouldn’t, take to heart the yield of its logarithm.  To be sure, some of the belief that Jews (and that likely means “identifiably Jewish” Jews) are less than friendly surely emerges from dark places, from hearts polluted with senseless Jew-hatred.  But some of it, too, likely comes from us.

Not that we’re, chalilah, intentionally impolite.  But, unlike in centuries past, we live in open societies these days, and the sort of laying low and ignoring those around us that were sensible staples of Jewish life in other lands and times strike some of our non-Jewish (or Jewish but less observant) fellow citizens as aloofness and off-putting.

We have no choice but to face the fact that each of us today is a walking Jewish billboard, an advertisement for Torah.  A case can even be made that the Gemara’s admonition that a talmid chacham must act in an exemplary fashion at all times applies today, when most Jews are estranged from Torah, to all of us, learned or not, who embrace the Jewish mesorah.

That means, of course, eschewing not only rudeness but even the appearance of the same.  When entering a building or room, holding a door open for someone behind you isn’t a big deal to do, but it can be quite a big deal for the person behind you.

When facing a cashier (no less a human being, no matter how grumpy, pierced or tattooed, than any other one), a sincere “thank you” is in order.

And when driving, signaling one’s turns and lane-switches, not shooting into traffic and not double parking when it impedes others are signs of simple civility. And unless all your car windows are heavily tinted, you can rest assured that anyone you cut off or tailgate will take note of your appearance and draw the indicated conclusions.

Then there is the thing that won’t take any toll on anyone’s time, doesn’t cost anything and is easily within the reach of us all: the sever panim yafos, or smiling countenance, of Avos 1:15. We are to greet, in the Mishnah’s words, “every human” with it.  It involves eye-contact and a smile – a sincere one, acknowledging the humanity of the other.  That is an imperative in its own right, the proper conduct, according to Chazal, of a Jew.  But it also serves an auxiliary purpose, and it’s not a small one.

Last week, I noted the Rambam’s guide to attaining ahavas Hashem, contemplating the wonder of the world around us.  Chazal also tell us, though, that the mitzvah has another dimension: that we act “so that the name of Hashem is beloved through your hand” (Yoma 86a).

That might seem like a difficult thing, but it’s really not.

Just spend some time with Samir.

© 2015 Hamodia

A Stone’s Throw

During the Islamic month of Ramadan, which is about to end, Muslims are to engage in introspection, fasting and spiritual improvement.  Which, according to some, includes doing whatever they can to kill innocent people.

ISIS, for instance, exhorted Muslims to use Ramadan as a time for violence, and, earlier in the Islamic holy month, in apparent response, Islamists launched attacks on three continents.  A deliveryman ISIS supporter crashed his truck into an American-owned chemical plant in France, in an attempt to blow it up, and then allegedly decapitated his boss at the scene and placed the murdered man’s head on on the plant’s gate. Mere hours later, a suicide bomber detonated his explosives in a Kuwait City mosque, killing 27 worshippers and injuring more than two hundred.  A mere hour later came an attack on a Tunisian beach, where an Islamist gunman – may we call him a terrorist? – gunned down 39 people without warning.

It wasn’t just ISIS either.  A Hamas-affiliated website, for instance, published an article titled “Resistance During Ramadan – A New Beginning And A Different Flavor,” which explained that “Ever since the first intifada, martyrdom operations, stabbing and shooting attacks have had a special character during the month of Ramadan…” and that “During Ramadan, the Palestinians welcome resistance to the occupation and carry it out with a different flavor…”  Make ours vanilla, please.

Which was a likely contributor, of course, to the fact that Israel has also been a target of Ramadan violence, with rockets fired from Gaza landing in her territory, and six acts of terrorism in the month’s first 10 days, killing and maiming Israelis.  Some were shootings; one, a stabbing of a female IDF soldier in the neck; and several incidents of rock-throwing.

Later in the month, after Israeli forces shot and killed a 17-year-old Palestinian, Muhammad Hani al-Kasba, after  he had thrown rocks at their vehicle and ignored orders to stop, dozens of youths clashed with the soldiers near Yerushalayim.

Stone-throwing by Palestinians has been described by some as an essentially benign activity, a “rite of passage” or, as Thomas Friedman once infamously characterized it, as a form of “massive nonlethal civil disobedience.”  When Israeli police or soldiers shoot stone-throwers, the shootings are often presented by the Arab media as terrible overreactions; Western media tend to imply the same thing.

The headline over the recent story in the International Business Times read “Palestinian protester shot dead in West Bank,” as if the young man had been carrying a placard, not a rock.  The Boston Globe sought its readers’ eyeballs with “Palestinian teen killed by Israeli forces in West Bank.”  What the deceased was doing would seem to be more germane than his age.

Let’s move, though, now from the “West Bank” – or, better, Yehudah V’Shomron –  to the West Coast – of the United States.  Specifically to Pasco, Washington, a small city in the shadow of the Cascade Mountain range.  There, a 35-year-old man, Antonio Zambrano-Montes, was shot and killed in a hail of police bullets earlier this year, leading to an investigation into the circumstances of the killing.

Documents recently released by the Franklin County prosecutor’s office presented a detailed timeline of the happening, diagrams and the testimony of officers, all of whom said they had felt that their safety or the safety of others was in jeopardy.

Mr. Zambrano-Montes had been throwing rocks at cars before the police arrived, according to witnesses quoted.  A lawyer for the man’s family said that the central question of the case was whether the threat posed by his clients’ relative was genuine, or could reasonably be perceived as genuine.

The officers who fired at Mr. Zambrano-Montes maintain that their actions were justifiable.  One, Ryan Flanagan, said he had considered nonlethal options but did not see a way to safely get close enough to the stone thrower.

“Had he dropped the rock, then we would have been able to holster our firearms,” Officer Flanagan said in the report.  “He didn’t,” the officer continued, “give us that option, though.

An investigator then pressed further for an answer to the question of why lethal force was necessary, when there were three officers, one suspect and only one rock.”

His answer was brief and to the point – and something reporters and editorialists the world over might take time to think about. “Well,” Officer Flanagan, responded, “one rock can kill you.”

© 2015 Hamodia

Supreme Court Vs. Supreme Being

Typical of the “mainstream” Jewish organizational responses to the landmark U.S. Supreme Court decision in Obergefell v. Hodges was the American Jewish Committee’s tweet on the day of the ruling that “For 109 years AJC has stood for liberty and human rights. Today is a happy day for that proud tradition,” followed by the hashtag “#LoveWins.”

No less than 13 Jewish groups joined in an amicus brief filed in the case, arguing for the right to same-sex marriage.  (Only one group, Agudath Israel of America, filed a brief on the opposing side.)

And typical of the attitude of the groups that collectively call themselves the “Open Orthodox” movement was the reaction of the assistant rabbi of the Hebrew Institute of Riverdale and Director of Recruitment and Admissions at Yeshivat Chovevei Torah.  He posted on his Facebook page: “’It is not good for a person to be alone.’ Genesis 2:8. Mazel tov America.”  (It’s actually 2:18; and the fellow might wish to check out 2:24, where the solution to man’s lonely situation is described in no uncertain terms as a woman.)

The “Open Orthodoxy” movement’s misrepresentations of Torah in its rush to mindlessly embrace  all that the surrounding culture finds pleasing is a worthy topic in its own right.  I only mention the movement’s mangling of the Jewish religious tradition here because of how, by laying claim to “Orthodox” credentials, it intensified an already lamentable desecration of Hashem’s name.

The “Open Orthodox” movement, more accurately labeled “Neo-Conservatism,” insists that all people are created in God’s image; hence the recent ruling deserves celebration.

To be sure, none of Jewish tradition’s strong disapproval of homosexual activity means that people with homosexual tendencies are inherently evil or that even avowed homosexuals in any way forfeit their humanity, their Jewishness or their claim to others’ care and compassion.  And, particularly in these relativistic, nonjudgmental times, the Jewish response to those who are challenged with same-sex desires should be ten measures of concern for every measure of condemnation.

But that has nothing to do with the redefinition of marriage.  The Neo-Conservatives seem blissfully unbothered by the Talmudic statement that asserts that one of larger human society’s redeeming qualities has been its refusal to “write marriage documents for males [living together in homosexual relationships]” – a refusal now withdrawn in the United States.

Although the Obergefell decision was widely celebrated as a new, shiny and wondrous thing, it was hardly an unexpected development.  States were legalizing same-sex marriages already.  The truth is that when the American entertainment industry made the decision to depict same-sex couples as normative, the war to maintain American society’s traditional view of marriage was, for all purposes, already lost.  As went Hollywood, so went the led-by-the-nose American public, with five Supreme Court justices trotting along not far behind.

As a result, the demonization of those who hew to the timeless ideal of marriage being the joining of a man and woman will surely intensify.  “Bring on the opprobrium and break out the disparagement. These people deserve it,” writes Jeffrey L. Falick, the “Secular Humanistic Rabbi of The Birmingham Temple Congregation for Humanistic Judaism in Michigan.”

“Shaming them,” he continues, “helps to pave the path to progress.”

And so it is likely that those of us who feel no ill will whatsoever toward anyone for his or her sexual tendencies or behavior but who are branded bigots will experience negative consequences as a result of our religious convictions.  Not only in the way we are viewed by people of ill will like the humanistic Jeffrey L, Falick, but by government.  Is it alarmist to wonder if federal or state aid to religious schools might be made dependent on those schools hewing to the moral judgments of the Zeitgeist?  Is it unthinkable that the tax-exempt status of religious institutions might be assailed by some, drunk on the recent victory of their cause?

In my mind, though, those concerns, real though they are, pale beside one that has not received much attention.

It is conventional wisdom that human beings are bifurcated when it comes to sexuality.  There are heterosexuals and homosexuals.  That is a fable.

The existence of claimants to bisexuality should in itself explode the myth. And if that isn’t sufficient, then the example of people who have claimed at one point in their lives to be homosexual but at others heterosexual should do the job.  Among such people are public figures, like (for those who are culturally current) the late musician Lou Reed or the actress Anne Heche, along with countless unknown men and women.

Why is this important?  Because it means that sexuality isn’t an either/or proposition.  People, at least some people, can, through environment, change of circumstance or will, morph their sexualities.  And objective mental health professionals who have counseled people with unwanted same-sex attraction report success in many, although not all, cases.

What all of this leads me to believe is that there is a wide variety of “sexualities.”  There are people (most, I imagine) who do not experience same-sex attraction at all. And others who feel attracted exclusively to members of their own sex.  Then there are people with any of an array of balances between the two poles, and a degree of sexual “fluidity” among the population in that middle of the spectrum.

Which means that we can expect a rise with time in the number of young people coming of age and identifying as homosexual or bisexual.

Because, whereas once upon a time such boys and girls would have been guided by society’s general demeanor to develop normally (which adjective I use to mean heterosexually), they will now be inundated by the social environment and subtly pressured to consider developing differently.  And yes, there is a measure of consideration, of free will, that is operative here.

What’s more, it is now widely accepted that the human brain is not, as was assumed, a physiologically static organ; it is subject to changes born of experiences and environment – a phenomenon called neuroplasticity.

Which means that the widespread acceptance of homosexuality and homosexual unions threatens the Orthodox Jewish world in an indirect but very real way.  Those of us who do not consider it a viable option to isolate ourselves and our families from the larger society will need to confront this unprecedented challenge.

Although I suspect that it may be wise to consider sensitively discussing such issues with younger children than we might wish to have such discussions with, I don’t offer any solutions for meeting that challenge, only a cry that we do all we can to meet it, head-on and soon.

In Judaism, Love Doesn’t Always Win

In their rejoicing over  the recent Supreme Court same-sex marriage decision, various Jewish groups grievously misrepresented Judaism.  An essay of mine about the Jewish religious tradition’s true take on homosexuality and the formalization of same-sex unions appears in Haaretz, at

http://www.haaretz.com/opinion/.premium-1.663962

You may have to register to access the piece (registration is free).  But the paper does not permit me to post the piece here.

I have some further thoughts about the recent decision, and hope to share them here soon.

Ramapo School Board Bashing Spills Onto NYT Op-Ed Page

The latest in a long-running series of attacks on the largely Orthodox East Ramapo school board came in the form of an op-ed in yesterday’s New York Times.

The opinion piece was written by New York State Board of Regents Chancellor Merryl H. Tisch and David G. Sciarra, the executive director of the Education Law Center, a public school advocacy group.  And, like its predecessors, it presented a host of highly charged and equally highly misleading assertions.

The writers claim that the school board has “denied” public school children “their state constitutional right to a sound basic education”; that it “persistently failed to act in the best interests of its public school students”; and that it “slash[ed] resources in its public schools [while] vastly increas[ing] public spending on private schools.”

The first two claims are demonstrably false, and the third one is misleading to the point of slander.

The facts:

  • State funding to all New York 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.
  • East Ramapo’s demographics – approximately 24,000 students in nonpublic schools, only about one-third that number in public schools – and relatively high property values, result in a skewed picture of the public school population’s wealth, resulting in state funding that treats East Ramapo as if it were one of the wealthiest school districts in the state, when it is in fact one of the poorest.
  • The school board is required by law to provide students in all the district’s schools, public and private alike, with textbooks and bus transportation; and to provide special education services to all schoolchildren in an educationally appropriate setting.

And providing those legally mandated services is precisely what the board has done, in accordance with its statutory obligations.

Unfortunately, after those expenditures were responsibly made, insufficient funds remained to maintain some extracurricular programming in public schools – thinks like music or sports teams.  Those are valuable activities, to be sure, but they are not part of students’ “constitutional right to a sound basic education.”  And with no money to continue the supplementary programming, the board had no fiscally responsible choice but to end them – until the state provides increased funding to the district.

As East Ramapo Superintendent Joel M. Klein (who is not an Orthodox Jew) noted, “You can blame it on Jews, you can blame it on yeshivas, but the flawed state aid formula and funding cutbacks are the real culprit.”

Thus, the school board’s following the law is what has earned it the opprobrium of Ms. Tisch, Mr. Sciarra and others. They seem unaware, or choose to ignore, the salient fact that all schoolchildren, even Orthodox ones in yeshivos and Bais Yaakovs, need and are legally entitled to textbooks and a way to get to school.

The insinuation that imagined sinister charedi villains (some do indeed wear black hats) on East Ramapo’s school board have systematically plundered the pot of local education funds to favor yeshivos over public schools is, bluntly put, an invention.  And a deeply irresponsible one, to boot, as it has fostered blatant resentment of Jews in the local community. There have been outright anti-Semitic comments made in public places, including school board meetings.  One parent suggested that “Well, we want to send the Jews back to Israel.”  Another compared the board to “the soldier who has committed war crimes who claims he was only following orders.”

Indeed, with increasing national attention being focused on the East Ramapo school district, local anti-Semitism is going viral and metastasizing into something far more dismaying, far more dangerous.

When a newspaper like The New York Times features an op-ed provocatively entitled “A School Board that Victimizes Kids,” the text of which surrounds a prominently displayed “kiddush levana osyos” pull-quote announcing “In a mostly Orthodox Jewish community, minority students suffer,” the harsh glare of incitement envelops us all.

It is refreshing to discover that not all East Ramapo’ans are being hoodwinked by the rabble-rousers. Consider the words of Brendel Charles, a black councilwoman for the town of Ramapo, who admitted to Tablet Magazine that, while “she originally believed the problem was that the ultra-Orthodox members of the board were making decisions without regard to others in the community,” she came to realize, after her husband joined the school board, “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.

Would that Ms. Tisch and Mr. Sciarra reach such enlightenment.

© 2015 Hamodia

 

Shooting From the Heart

Although blacks constitute approximately 13% of the American population, the FBI reported in 2013 that 38.5% of people arrested for violent crimes were African-Americans.

Statistics like that one, coupled with a largely unsavory urban black culture (not to mention what passes in some circles for black leadership), predisposes many of us to assume the worst about all blacks – or, at very least, to be sympathetic to law enforcement officers in their dealings with black suspects.

And, as a result, many white Americans tend to be wary of claims that black Americans are unfairly singled out by police for arrest, mistreated and even killed without justification.

So when, in 2013, George Zimmerman, a volunteer with a local “Neighborhood Watch” in Sanford, Florida, was acquitted by a jury of shooting to death Trayvon Martin, an unarmed black youth whom Mr. Zimmerman was following (against orders from a dispatcher to not do so) and with whom he got into an altercation, many of us felt that the volunteer’s claim that he killed the youth in self-defense was plausible, if not probable.  The subsequent protests over the killing were regarded by many as an indefensible rush to judgment.

And last year, when Eric Garner, who was illegally selling individual cigarettes on a Staten Island street corner, died after being put in a chokehold by police, it seemed self-evident that the overweight and asthmatic black man’s death was unfortunate but didn’t negatively reflect on the officer who applied the chokehold and who ignored Mr. Garner’s 11 wheezy pleas that “I can’t breathe.”  When a grand jury declined to indict the officer, that judgment seemed vindicated.

It was also last year that a grand jury elected to not indict Ferguson, Missouri policeman Darren Wilson, for killing Michael Brown, a black youth, in the line of duty; and the U.S. Justice Department declined to prosecute the officer for a civil rights violation. There were widespread protests over that killing, but also a widespread sense that the reaction then, too, had been misguided, and the protesters’ claims of police racism unjustified.

Then, though, came the blatantly racist e-mails exchanged by various Ferguson court and police employees, which led the Justice Department to assert “a pattern or practice of unlawful conduct within the Ferguson Police Department that violates the First, Fourth and Fourteenth Amendments to the United States Constitution, and federal statutory law.”  Mr. Wilson was not personally implicated in that ugliness, but the culture of bias clearly existed.

And now we are confronted with the case of Walter Scott, the 50-year-old unarmed black man stopped by a North Charleston, South Carolina police officer for driving with a broken taillight.  Mr. Scott was shot in the back and killed when he fled (presumably, according to reports, because he feared being taken into custody over missed child support payments).

Of all the recent cases, this is the only one where we needn’t – indeed, cannot – rely for judgment on either our preconceptions or anyone’s word.  A bystander’s cellphone video of the incident shows the policeman, Michael Slager, aiming and shooting at Mr. Scott’s back multiple times.

And there’s audio, too, of Mr. Slager telling someone, presumably his wife, that he had killed somebody who had “grabbed my Taser” – the stun gun used to subdue people engaged in violence or resisting arrest.  In the video, the policeman is seen calmly taking something from his patrol car, walking over to the man he had just shot to death and dropping the object near his body.

Mr. Slager is charged with murder.

There are, I think, two takeaways from the most recent story.  One is something the alleged murderer discovered in a this-worldly way but that believing Jews know well in a more profound one: “There is an eye that sees and an ear that hears” – and, of course, “all your deeds are recorded…” (Avos 2:1).

The other is that, while it’s only human to harbor preconceptions, it’s important to realize that presumptions can be wrong, and to recognize that racial prejudice, like religious prejudice, exists, and can lead to terrible things. Yes, most police are upstanding public servants who would never mistreat any citizen.  But by the same token, most blacks are law-abiding citizens.  There are black criminals, to be sure; but there are also trigger-happy racist cops.

And if any group should be rightly disturbed by the specter of innocent people being killed by armed authorities, it should be one that has been victimized by hatred and violence over most of recorded history.

© 2015 Hamodia