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Strengthening Reform: 9. Reform's Wrong Turn
August 6, 2008
Community | Religious Life | Torah (18 comments)

By William Berkson
Several on this forum have looked back to "Classical Reform" somewhat wistfully, admiring the clear sense of direction and the passion and confidence that Reform Judaism had in that period. And by implication, some feel that that clear direction is lacking now. And I agree. Yet the current muddle I believe has its roots in a fundamental mistake that was made during the Classical Reform period.

The mistake was to throw the Talmud overboard.

Abraham Geiger, the early Reform leader, acknowledged the great contributions of the Talmud to Judaism. However other reformers championed the "religion of the prophets" against Talmudic Judaism. For them, the Talmud was the repository of backward medieval religious customs that needed to be rejected as antithetical to modernity.

Reform Judaism could be built solely on the Torah and the Prophets, with no need for the Talmud. Kaufman Kohler, the dominant leader of Reform in the last part of the 19th and first part of the 20th century accepted this view. He largely wrote the Pittsburgh Platform of 1885 and he was head of the Hebrew Union College for nearly twenty years, until 1921. As a result of the long dominance of this view, neglect of the Talmud became the rule within Reform.
'Throwing out the baby with the bathwater' may be a tired cliché, but it really applies here. Except that more than one baby was thrown out. First of all the study of rabbinic ethics was thrown out. Rabbinic ethics is to me really the crown jewels of Judaism, so ignoring it was a tragic loss. Now you may say, "but we emphasize tikkun olam."

Reform's commitment to the pursuit of social justice is to its great credit. However, social justice is only one side of Jewish ethics, and not the strongest side at that. The great invention of liberal representative democracy by the British and Americans left the ancient monarchies of David and Solomon behind as an ideal. Judaism doesn't have any distinctive viable theory of the state and economy. What it does have legitimately from Abraham, Moses and the other prophets is a passion for social justice. We shouldn't pursue justice any less, but it does mean that there is little current distinctively Jewish contribution to the content of political reform today, and pursuit of social justice is not a distinctively Jewish effort.

When it comes to personal and communal ethics, it is quite a different story.  Talmudic ethics has a rich and deep analysis of human relations. And it is to a great extent Talmudic. In fact, in every area of Judaism--ritual, theology, ethics--most of Judaism is Talmudic, not Biblical. True, the 10% that is Biblical is foundational, but still 90% of the palace of Judaism is Talmudic. In fact, that you can build strikingly different religions on that Biblical foundation is shown by the fact that Christianity and Islam build on the same or similar foundations, and end up with quite different looking structures.

Furthermore, the foundations are changed. In ethics, the Rabbinic ethics is more humane and more devoted to peace. For example, whereas the Torah is full of capital punishment, the Talmud as a practical matter cancels practically all of the harshest punishments. While there are definitely aspects of Talmudic ethics that we should modify, a lot of Biblical ethics is frankly horrifying, even by Talmudic standards, much less modern ones.

When I write that this rich ethical heritage has been largely neglected in Reform, you may think I am exaggerating. But if you read the history of the Reform movement by Michael Meyer, Response to Modernity, you can read on p. 301 that Emanuel Gamoran, founder of modern Reform Jewish education after WWI, believed that there should be less "moralizing" and that "religious and ethical values would emerge naturally in the course of developing a broader loyalty to the living, changing Jewish people."

In my view this made a wrong turn into a disaster. Instead of teaching children to be good Jews, we started teaching "Jewish identity."  With the result that religious school gave little incentive to students to be Jewish. That had to come from their families, if at all.

An example of the neglect of ethics is that the brief core ethical text of Judaism, Pirkei Avot, was not taught, even partially, until recently in Reform religious schools. Avot, traditionally included in the prayer book, was, with some abbreviation, included in the Gates of Prayer, but not in the (otherwise much better) new Mishkan T'filah.  And in reading Rabbi Richard Levy's current A Vision of Holiness: The Future of Reform Judaism I may be missing something, but I can't find a single word on personal ethics.

Why does this matter? It matters because most Jews today experience holiness in personal relationships, as Martin Buber emphasized, and especially in relationships with family and friends. And such relationships are elevated and sanctified by living the classic values of justice and kindness. And the principles and understanding of conflicts and difficulties that are laid out in the Talmud can greatly help us in this sacred enterprise.

I believe that what Jews want most from Judaism is that daily life, and especially family life, is lifted to a higher plane by Jewish practice. Ritual can certainly help this, but only if the focus is on the ethical core that the ritual should celebrate. Otherwise ritual is hollow.

I have gone over my self-imposed word limit, but I do want to mention in closing the another 'baby' that was thrown out with the Talmudic bath water, and that was the critical tradition. The Talmud, as Menachem Fisch points out in Rational Rabbis, is a remarkably open-minded and critical venture, carried out collaboratively over many generations. And the later students of the Talmud breathed this critical and evolving system of thought. Instead of laity and clergy being engaged in a common enterprise of critically understanding and applying the tradition to our lives, we in Reform have had 'platforms' pronouncing what Reform Judaism is. What we need most is rather a collaborative effort to applying our rich Jewish ethical tradition to the personal relationships of modern life. That is what I will turn to shortly, after a few more notes on the current state of Reform.

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Comments

Mark Segal said:

This was an excellent contribution, thank you.

One of the problems with a heavy focus on social action rather than personal ethics that are firmly and directly grounded in Judaism is that what are really issues of secular political ideology or public policy preferences (which are susceptible to scholarly analyses) become treated as direct extensions of Judaism, or at least Reform Judaism.

I think that, in general, we would be better off focusing on raising children with a grounding in Jewish ethics and menschkeit and then trusting them to gravitate toward political and public positions that reflect their own application of such principles to contemporary life.

M. B. said:

One cannot underestimate the benefit to Jews of dropping the archaic, legalism of the Talmud in favor of rational, ethical Judaism. Unlike the eternal moral principles of the Bible, which are the heart of Reform Judaism, the Talmud was occupied with endless debate of minutiae that were largely irrelevant to life in modern times.

While the Talmud may have once been part of an early reform, to adapt to life where Jews did not control the government and where there was no sacrificial cult remaining, it became inflexible when written down and there was no way to discard, amend and supplement. Over the centuries, it became an albatross around the neck of the Jew. To observe Talmudic law (and to the Orthodox it was revealed law just as much as the Ten Commandments) kept Jews from integrating into society and occupied them with outmoded trivia. They could not dress like others. They could not eat at non-Jewish their neighbors' homes. They could not go to school with their neighbors. It hampered their service in the army or navy. It's study required exorbitant expenditures of time and resources that diverted Jews in the modern world from learning secular subjects could have enhanced their economic security. As long as it was there, the Talmud would keep Jews down, preventing or hampering their emancipation and their living a full life in the modern world.

Even today, the Talmud is a divisive factor in Israel, holding back the integration of society, one of the factors making it more tribal.

Emanuel Gamoran, who is described by some as a little Napoleon, working to drastically reshape Jewish education, was never a Reform Jew and the ideas and beliefs he included in teaching materials sent to Reform Sunday schools often were not Reform at all; they undermined it.

BZ said:

Unlike the eternal moral principles of the Bible, which are the heart of Reform Judaism, the Talmud was occupied with endless debate of minutiae that were largely irrelevant to life in modern times.

It doesn't break down so simply. The Bible, of course, also contains content that could be perceived as irrelevant minutiae, and the Talmud also contains moral principles.

it became inflexible when written down and there was no way to discard, amend and supplement.

Have you ever read the Talmud or any of its commentaries? Discarding, amending, and supplementing is precisely what Jews have been doing with the Talmud for thousands of years. No one today lives according to the Talmud's conclusions (insofar as it has conclusions at all), just as no one today lives according to pure biblical Judaism. If you're going to characterize a text as inflexible, the Shulchan Aruch is much closer to the mark.

Even today, the Talmud is a divisive factor in Israel, holding back the integration of society, one of the factors making it more tribal.

Many of the Jews who hold "tribal" views today have never studied a word of Talmud.

William Berkson said:

M.B., I think you are quite mistaken about the relationship between the Torah and the Talmud.

Both the Torah and the Talmud have laws and moral principles, and the Talmudic versions are almost always improved.

Is it a great "eternal" moral principle that if a man rapes a girl, it's ok so long as he marries her?

And are the Torah laws concerning slavery just fine?

Oh, and is the principle that we Jews should exterminate the peoples of seven nations a good idea? So should we reject the Rabbinic ruling that all these nations are in the past and we should now follow more humane rules of war, which the the Rabbis have outlined?

On practically every issue you look at the Talmud is more humane than the Torah.

Oh, and as far as ritual, should we drop lighting Shabbat candles and saying blessings and the Amidah--rabbinic practices--and instead reinstate animal sacrifice?

If you read what the Torah actually says, not through Rabbinic eyes, you will see that it is a very different doctrine than Judaism. But then we Jews actually do read it through Rabbinic eyes, and through the outlook of the Talmud. The reality is that Judaism from Hillel till about 1800 is the religion of the Talmud, not the Tanach.

A "tanach without talmud" will just not get you anything that looks like Judaism as we know it.

Though the Orthodox don't ever say it, the Talmud is a reformed Torah, and we in Reform have in turn reformed the Judaism of the Talmud, not the Torah. The Talmud selects, rejects, refines and develops the Torah into a new doctrine. And by dropping study of the ethical principles of the Talmud we have cut ourselves off from our greatest source of strength.

The view of those like Kaufman Kohler that you can just focus on the prophets and get Reform Judaism out of them is historically way off base.

I personally don't have much patience with the much of the ritual law of the Talmud, but there is way more to the Talmud, and your dismissal of it as just empty legalism is way off base.

Here's some "archaic legalism":

"Upon three things the world stands: Upon the Torah, upon worship, and upon acts of kindness."

"By three things the world is sustained: by truth by justice and by peace."

"Be of the disciples of Aaron, a lover of peace and pursuer of peace; love all fellow creatures and bring them near the Torah."

"If I am not for myself, who is for me? And when I am for myself, what am I? And if not now, when?"

Oh, and BZ is quite right, the Talmud is very open minded, with minority reports and most issues left unsettled.

Judaism became more dogmatic in the middle ages--culminating in the Shulchan Aruch--but that is another story.


William Berkson said:

M.B., I should add two things. First, I do agree with you that in the context of medieval Judaism, Reform was a breath of fresh air, and in particular in letting in ideas of the European Enlightenment, and making Jews more part of the nations they lived in.

Second, you comment about the 'legalism' of the Talmud as being something bad. Actually, I think being concrete and action-oriented is one of the great strengths of Jewish tradition, both in the Torah and the Talmud. Even the strictly legal parts, where you have punishments specified, such as in tort law (Nezikin) are interesting, and people mine these for insights today. But many of the injunctions are not strictly speaking law, but more guidelines.

For example, here are obligations of a father to a son:

"The father is bound, in respect of his son, to circumcise, to redeem, to teach him Torah, to take a wife for him, to teach him a craft. Some say, to teach him to swim too. Rabbi Judah said: He who does not teach his son a craft, teaches him to be a gangster." (Kid. 29a)

And:

"Rabbi said: A father is also required to teach his son civic obligations." (Mek. Bo, Pis'ha 18)

There is more, but this gives you the flavor. I don't think we should adapt these exactly as is, but they are a fascinating point of departure for a modern version of concrete guidelines for parents.

And they are much better than the horrifying stoning of the "stubborn and rebellious son" in the Torah--which is completely canceled by the Talmud.

M. B. said:

There are some nice phrases buried in the Talmud as there are in other religious writings, but I would expect that one can find in the Bible virtually every important Jewish precept that is in the Talmud. If that is so, then Talmud is at best unnecessary.

Many of the Bible passages which people find objectionable are reasonably viewed as time bound or place bound, and no longer relevant to us because it applies in the ancient kingdoms where laws there were enforceable by the government or priesthood. Jews lost the power to enforce such civil laws when the ancient kingdoms ended and the ancient temples destroyed. There was no way to execute the ancient biblical laws which were at odds with the civil government or even the religious authorities who controlled. Since 1948, Israeli Jews have had the power to enforce most all of the biblical commandments in the new state of Israel, but wisely refused to do so.

Other parts of the Bible that people object to are descriptions of what is said to have happened in the past, which is a historical account and not necessarily an endorsement of those past practices. In fact much is a negative example of what not to do.

Our Judeo-Christian society based much of the fundamental laws on the morality of our Bible, the Old Testament, although limited in scope by the limited form of government we have and the constitutional separation of church and state.

William:
I don't agree with your comment that the Bible without Talmud "would not get you anything that looks like Judaism as we know it." To begin with, Reform Judaism did throw out the Talmud. We have gotten along just fine without the Talmud for centuries. It wasn't even considered worth studying for rabbinical students for part of that time. Yet for people of our faith, justice was still pursued, brotherhood was cultivated, the unfortunate cared for and protected, greed, lust and sloth discouraged, and a just and lasting peace remained a cherished goal. Eliminating the Talmud helped separate the wheat from the chaff.

Also, you can also look at the example of Karaite Jews who never used the Talmud and see how close they are to modern Reform Judaism. They derive their practices from a study of the Bible itself to this very day.

Larry Kaufman said:

Despite the shiny patina of erudition, and hiding behind the anonymity of initials, our blogging contemporary (I first typed compatriot and then colleague, but rejected both words as too sympathetic) was best described by a text written after the Talmud but before the Pittsburgh Platform: Full of sound and fury, signifying nothing.

I will henceforth leave to others the challenge of responding to this nonsense.

William Berkson said:

M.B., Among academic historians of Judaism I don't think you will find many who agree with you. They tend to call the Judaism of the Mishnah and Gemarah "Classical Judaism" and don't even call the religion of the Torah Judaism, but rather ancient Israelite religion--it is that different.

As to what of the Tanach to accept and reject, you are not acknowledging that in fact the Talmud did this, and Reform consistently accepted the judgments of the Talmud on what to reject in the Tanach. It just went further in rejecting other things, like kashrut. And it accepted the profound ethical changes, some of which I have referred to.

Classical Reform threw the Talmud overboard as far as studying it, but not as far as accepting its views.

Your minimizing of what is in the Talmud I can't help but think springs from not knowing what is in it. In the past ten years, Reform rabbis have been producing surveys of Jewish ethics, most of which are full of Talmud.

When they discuss issues, there is usually an ounce of Torah and a pound of Talmud, as in almost all discussions of ethics--orthodox, conservative or reform. Nobody in the Reform movement today has a problem with quoting the ethics of the Talmud, contrary to Kaufman Kohler.

Your referring to the "Old Testament" doesn't help your case. This is a Christian way of referring to the Tanach, premised on the idea that the "New Testament" supersedes and cancels much of the Hebrew Bible. It really grates on many Jewish ears. Christians in fact accepted the New Testament instead of the Talmud, and that is historically the division between the two.

There is a lot more to be said about the profound differences between Biblical and Talmudic Judaism, but I don't have time to post further now, so I'll post more next week. Shabbat Shalom.


M. B. said:

William:

The term "Old Testament" has long been used throughout the English speaking world by rabbis, theologians, academics, and other lay Jews and as well as by Christians as one term to describe the Jewish Bible along with the Holy Scriptures or the Tanach. The books of the Bible did not have formal names or chapter headings or even modern punctuation in the original. The names are just useful identifiers. There is no negative connotation in "old", just a clear term to identify the books of our Bible. Just as Old Glory is a respectful name for our flag and the Grand Old Party (GOP) is used by Republicans, the Old Testament is used. We can call it the Jewish Bible, but its books are sacred to Protestants, Catholics and Jews alike. Using Old Testament is a respectful reminder of shared beliefs of those who worship the one true God.

William Berkson said:

M.B. what you say about the use of the term "Old Testament" was correct in 1930, but it is not today. The Wikipedia article on "Hebrew Bible" I think describes the current situation accurately. It says that the term "Old Testament" is "objectionable to mainstream Judaism."

I don't think you will find any Rabbi or Jewish publication that uses the term "Old Testament" for the past twenty years, and probably for the past forty or more. The term is a Christian one which is based on their view that the "New Testament" supercedes the Tanach. And furthermore none of the various Christian cannons coincides exactly with the Tanakh.

There is no reason for Jews to bend over backwards to use Christian terms to apply to our own sacred literature, particularly when we are addressing fellow Jews, as in this blog.

Larry Kaufman said:

Parallel to the Jewish aversion to the term Old Testament has been a similar reluctance to identify dates as BC or AD, substituting BCE and CE, with CE signifying Common Era.

I had always assumed that this was a strictly Jewish convention -- and was therefore surprised and admittedly pleased to hear the terms used consistently by the three non-Jewish professors who were lecturers on my recent non-sectarian alumni cruise of the Dnieper River in Ukraine.

It appears that the Jewish influence on language goes beyond Yiddishisms, kineynhora.

M. B. said:

William:

If you prefer to use the Hebrew acronym, Tanach, a lot of people, Jews and gentiles, will not understand you. I personally find a benefit in the use of terms that are widely understood.

Old Testament is still used interchangeably with other terms by Jews. For example:

Old Testament is the name used by Marc Zvi Brettler, the Dora Golding Professor of Biblical Studies and chair of the Department of Near Eastern and Judaic Studies at Brandeis University, the author of The Book of Judges: Old Testament Readings (2001).

It is used in a Jewish Week (NY) article in 2007 quoting Daniel Pipes.

You will find it in scholarly articles and in common speach. If you research just using "Tenach" as a term, you will miss much of the important work.

You will find it on the web site of the URJ, The American Jewish Committee, AIPAC, Women of Reform Judaism and in many publications.

You still hear Old Testament in Bible class and in sermons.

I don't mind which you using any polite term for our Bible.

This all reminds me of how negro was a good term, than bad and replaced by "black." Then black became bad and replaced by "African-American." Then "people of color" (good) replaced "colored people" (bad). It's hard to keep up.

William Berkson said:

M.B., I don't want to belabor this point too much, but your arguments are not sound. And you won't acknowledge a fact, which is that currently Rabbis speaking to Jews and publications for Jews never use the term "old testament," except when referring to Christian or older usage.

The current JPS version of the Hebrew Bible (also an acceptable term, and understood by all) is called "Tanakh". You seem to think that we should keep the most ignorant Reform Jews ignorant, rather than telling them to pick up a Jewish version of the bible, none of which has ever been called 'Old Testament'.

The current Torah commentary of the Reform movement clearly states "The term 'Old Testament' is not used by Jews, since it implies a 'new' testament." (p. xviii, 1981 edition.)

Now it is true that Jewish academics whose majority of students may be Christian sometimes use the term "old testament" to lessen confusion to Christians.

But there is really no excuse for that when you address a Jewish audience or readership, such as on this blog.

Your argument that "you will find it on the web site of the URJ" is misleading, because there are no references to Rabbis using the term addressing Jews. They are all references to either books or references by Christians, or academics who teach non-Jews.

Jo Merrick said:

Rabbi Sperling, all good thoughts, ideas, and vision; however, it spells to my mind--another wrong turn. Why go backwards. If we have as you have said thrown out a valuable resource in the Talmud--why not consider it a base to build upon instead of the reverting back to methodology?

I mean by this that now that women are in fact jointly leading in the Reform movement--why not allow the Talmud to offer ideas for consideration, but not as basis in fact for identity. To be a woman in the Talmud was to be house bound, not allowed to study the very book we speak of, and, most important restricted to our relationships with our immediate family by the laws which we threw out not with the baby in water--that we held onto tightly!

As newly transformational as Rabbinic Judaism was for it's time and as Reform became in it's day, we need to see a future of Judaism that is indeed selective of our adhearence to older traditions based upon study and knowledge, and yet ready and willing to take on new and completely different traditions for our future--example how many times does one say the Shema in a space capsule that cirsumvents the earth--almost not worth the space to write the question. It is however, and example of a wasted question in my opinion.

Given the current state of kosher food production in Iowa--why not move forward with the idea of eco-kosher and make the study of how to save our planet an ethical priority. This could save not only our plant but all the Jews on it!

Just my thougths and I have many more.
Jo in Seattle-TBA

William Berkson said:

Jo in Seattle, I assume you are addressing my initial post, as I don't think Rabbi Sperling participated here.

I think you may have misunderstood me as proposing that we take the Talmud as an ultimate authority. I am proposing that we take the Talmudic discussions of ethical issues as a starting point, not as authorities that must be followed, as many Orthodox would.

As far as methodology, I like the way that the Talmud focuses on practical issues. I would, though bring in ideas from contemporary science also.

Over the coming weeks I'll spell this out.

M. B. said:

William:

Instead of taking the Talmud as a starting point for discussion, lets do what the original Talmudic scholars did and take the Bible as a starting point. But now, we can do it with the benefit of a vast increase in knowledge and understanding. Then we won't have to undo all the errors made thousands of years ago.

Jo:

I agree. We will not be dragged backwards or have to justify why we refuse to abide by these dictates. It is the moral law of the prophets that is eternal, not the Talmudic legalism.

William Berkson said:

M.B., You are poorly informed about the Talmud. Most of the Talmudic scholars, those of the Gemara, did not take the Bible as their starting point, but the Mishnah, which contains few references to the Bible. They then tried to see both how to apply the Mishnah to the problems of their day, and to see how the Mishnah relates to the Torah.

Your division between the 'legalism' of the Talmud and the 'eternal' moral law of the prophets is a groundless distinction. Moses was our leading prophet, and he laid down many laws--laws that were modified greatly by the Talmud, just as the ethics was modified. Ethics only gets content when you get to cases, and the ethics of the Torah was made more humane by the Talmud.

Further, as I have said, Reform Rabbis today are just as happy to quote ethical sources in the Talmud as the Torah. To reject 700 years of Jewish history, known as "Classical Judaism" and the ideas of some of our greatest religious figures, such as Hillel and Rabbi Akiva seems to me extremely counterproductive. And I know of no contemporary Reform Rabbi who advocates it.

M. B. said:

The Rabbi Abiva that you seem to be a fan of, is he the same man that some decades after the death of Jesus, announced that Simon Bar Kokhba was the real messiah and the Jews must join him in a revolt against Rome? That same revolt resulted in a crushing defeat for the Jews with deaths estimated at from as low as half a million to as high as millions of Jews, and an expulsion from the Holy Land. Some think it also worsened the split from that portion of the Jewish community who believed Jesus was the messiah and the rest, including those who thought the unsuccessful revolt leader Bar Kokhba was the messiah.

If the Talmud is, as you say, based on the Mishna and even further removed from the Bible, does that make it somehow more acceptable?

When Reform Jews speak of it as ethical monotheism or Prophetic Judaism, they are not speaking of rules on fabric content, periodic uncleanness, rules on sacrifice, red heifers, or criminal law for running a tribe or a nation in the ancient world. They are looking to the principles derived from the prophets for doing justice and living rightously with your fellow man. The prophets were notoriously God's harsh critics of both the priests and the entire sacrificial cult, the often corrupt government, as well as sinful laymen who had gone astray. But they also spoke of redemption for those who turned from the superficial and unethical life.

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