תגובתו של הרב נורמן (נחום) לאם למאמרו של נח פלדמן
(http://www.forward.com/articles/11308/)
A Response to Noah Feldman
Norman Lamm | Thu. Aug 02, 2007
Dear Prof. Feldman,
My first — and last — impression after reading your extremely well-written New York Times Magazine essay
(more properly — a manifesto) is one of sympathy for your predicament,
respect for your honesty and profound sadness at the community's
misfortune when one of our best and most well-known yeshiva day school
graduates sees nothing wrong with ''marrying out.'' Worse: You wittingly
or unwittingly exposed your coreligionists to opprobrium in arguably
the world's most public forum — even as you express admiration for the
Jewish tradition, especially for Modern Orthodoxy.
True, we no longer ''sit shivah''
for a relative who married out. But all of us experience poignant
anguish when a brilliant and once fully committed son of our people,
who earnestly believes he is not rejecting his upbringing, effectively
does just that in justifying his transgression and holding us up to
ridicule.
And why so? Because you violated a
major principle of Judaism and yet object when we, your fellow Jews,
express our heartache in one of the only ways open to us.
Quite simply, my dear Prof. Feldman, you want to have your cake and eat it too. Sorry, but that just can't be done.
Frankly,
your resentment at the removal of your name and photo from the alumni
list of your high school and other such petty discourtesies does not
elicit much sympathy from me. Tantrums do not move me. I am moved by
your resolve to continue your relationship to Judaism. And I value your
suggestion that we reexamine our attitude to the social ostracism we
have practiced heretofore. We certainly will not accept the violation
of the law with equanimity, but we ought to rethink how we can express
our displeasure in a manner that will not close the doors to teshuva — if indeed the couple wishes to take advantage of it.
Apparently,
you take the matter of intermarriage lightly — something on the line of
eating non-glatt-kosher meat. If so, you are sorely mistaken. True, one
can make a case that out-marriage is, technically, not a more serious
violation than work on Shabbat or eating on Yom Kippur. But you well
know that in our times the ultimate sign of pending assimilation is
intermarriage. You resent the small discourtesies you experienced, yet
you ignore the massive insult to your alma mater, and to the Modern
Orthodox community that nourished you all these years, by violating a
fundamental law — and then punish them in public.
Prof.
Feldman, I do not understand you. I am truly nonplussed. Once or twice
in your article you imply that Judaism should tolerate a forbidden
marriage because it is ''one of my most important life decisions.'' I
cannot believe that you really want to exempt the ''most important of
life's choices'' from the purview and judgment of religion. For Heaven's
sake, do you prefer that religion — any religion — deal with any thing
but that which is important in life? Is this the Judaism you want? One
that will make you feel warm and fuzzy and cuddly, one that will make
grandiloquent pronouncements and issue pretty pieties — anything but
what is really an ''important life decision''?
That is not the kind of religion for which our ancestors — yours and mine — were willing to suffer abuse unto martyrdom.
Let me now address several other (but not all of the) important items in your essay.
You
imply that Modern Orthodoxy is somehow responsible for Baruch Goldstein
and Yigal Amir. That is a blatant example of guilt by association, and
truly a low blow that is unworthy of you. If Modern Orthodoxy is
responsible for Goldstein and Amir, then Harvard is responsible for the
Unabomber; Yale must answer for some of the most implacable kooks in
this country — both right- and left-wingers, and by the same token
Maimonides School is responsible for the tergiversation of one of its
most distinguished graduates.
Now, for the
facts: You do not quote any source for your assertion that when Baruch
Goldstein murdered Arabs at prayer in Hebron on Purim day, he did so
because he considered the Palestinians as Amalekites.
I
beg to differ. His act was not one commanded by his religion, but by
his Kahanist politics. How do I know? Because several years before the
Hebron massacre, I received a document in which Palestinians of that
area were effusive in their praise for the two brothers Goldstein, both
physicians, who treated them with the same professionalism and
compassion that they did their fellow Jews.
So your premise is faulty, and your conclusion is wrong.
Next
item: You refer in anger to the Talmudic view on whether a Jewish
doctor may violate the Sabbath laws in order to save the life of a
non-Jew. You are critical of the Sages of the Talmud who permitted such
violations of laws of the Sabbath because of concern for maintaining
peaceful relations between the Jewish and non-Jewish communities. You
suggest that, on the one hand, it is an ''instance of laudable
universalism,'' but, on the other, it is ''an example of outrageously
particularist religious thinking.''
Surely you,
as a distinguished academic lawyer, must have come across instances in
which a precedent that was once valid has, in the course of time,
proved morally objectionable, as a result of which it was amended, so
that the law remains ''on the books'' as a juridical foundation, while it
becomes effectively inoperative through legal analysis and moral
argument. Why, then, can you not be as generous to Jewish law, and
appreciate that certain biblical laws are unenforceable in practical
terms, because all legal systems — including Jewish law — do not simply
dump their axiomatic bases but develop them. Why not admire scholars of
Jewish law who use various legal technicalities to preserve the text of
the original law in its essence, and yet make sure that appropriate
changes would be made in accordance with new moral sensitivities? Plato
— as well as Maimonides — taught us that every law must leave some who
are thereby disadvantaged, that it is in the nature of law to serve the
community even when individuals are injured. We then must seek ways to
ameliorate the situation as best we can. This is a legitimate way for
the Talmudic and post-Talmudic rabbis to protect the sacred Shabbat
laws, and by appropriate halachic legislation enable us to live without
violating our moral conscience.
Let me clarify
my stand, as an Orthodox rabbi, on the issue you raised: It is strictly
forbidden by the Halacha to deny a non-Jew whatever is necessary to
save his or her life. There must be no discrimination whatsoever. Every
human being is created in the Image of God and has a right to life and
health. ''The Lord is good to all and His tender mercies are over all
His works'' (Psalm 145).
Because the issue is
subtle and highly sensitive, do you not think that it would have been
more responsible of you either not to mention an issue which for
centuries has inflamed antisemitic vindictiveness and exacerbated
irritation for those Jews ignorant of the method and subtleties of the
law, especially since such subtleties are beyond the reader not trained
in legal theory? But if you are compelled to write about it, would it
have been a violation of some professional code to give precedence and
preference to the universalist bias of the halachic tradition?
But
you took the easy way out, and thereby succeeded in holding up the
Torah, the Talmud, the rabbis and especially Modern Orthodox Judaism to
public ridicule, making the whole Talmudic enterprise look bigoted and
racist.
Bravo! You made a trenchant point and,
by the way, you succeeded in supplying via the New York Times article
enough anti-Jewish material to last a good few years — as antisemites
have been spewing this sanctimonious poison for centuries. Did not this
possibility occur to you when you were writing your article? Why the
sudden collapse of your obvious sophistication? ''Sages,'' the Talmud
declared, ''be exceedingly careful with your words.''
You
apparently were equally unaware of the damage your words have caused to
innocent bystanders. Example: Daniel _____, a recent graduate of
Yeshiva University, wrote this letter to me that broke my heart:
<*>
Like
most Yeshiva University graduates, I interact on a daily basis with
gentiles for most of my day. My Orthodox Jewish identity has never
become an issue or conflict. However, following last week's New York
Times article by Noah Feldman… I have frequently been getting questions
like, 'Is it true that according to your law you wouldn't save my life
on the Sabbath' or, 'Do you really believe that Jewish life is more
important than gentile life?' How does a young Modern Orthodox
professional answer these questions in a respectful and diplomatic way
so as not to demonize others and at the same time be true to his faith?
*>
My dear Noah Feldman, it is your duty
to answer him, because you are the cause of his discomfiture and
perhaps his possible inability to find employment — and so for the
thousands who have no access to the pages of The New York Times and who
will have to live under the cloud of calumny you have unwittingly
visited upon them. Of course, I don't think you will, but should you be
moved by Daniel's predicament, call me and I will gladly give you his
full name and address. You owe it to him.
If my words sound harsh, it is because I have followed your career with naches
and hope for the future of our Jewish people and Modern Orthodoxy, so I
write like a spurned lover. I sympathize with your dilemmas. I can
appreciate the pain suffered by one subject to the social sanctions
prescribed by Jewish tradition, and I can understand the feelings of
one who, under the pressure of desire or love, feels compelled to
ignore the biblical prohibitions. The flesh, after all, is weak. But
that is no excuse for embarrassing a whole community to which you
always belonged and to which you maintain you still owe a degree of
fidelity (and I believe you).
In your essay, your closing words are, ''My best friend just laughed.''
As for me — I cried.
I still dream that you will reconsider your remarks and your self-imposed alienation.
But
whether you do or do not do that, remember: Judaism and the Jewish
people will survive without you or me. But neither you nor I will
survive spiritually without Judaism and the Jewish people.
Norman Lamm
Rabbi
Norman Lamm is the chancellor and former president of Yeshiva
University. He is the rosh yeshiva of its affiliated Rabbi Isaac
Elchanan Theological Seminary.