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    Strengthening Reform 19: Reasons for the Ethical Mitzvot
    November 24, 2008
    Defining Reform (10 comments)

    by William Berkson
    As I have written earlier, Reform is now in a "great mitzvah muddle," in which a number of leaders are not clear about the reasons for the mitzvot, and have written of each person deciding what is a mitzvah. This is an inclusive approach, which is fine, but alas directionless.

    What is missing here is a clearer idea of what is traditionally called ta'amei hamitzvot, the reasons for the mitzvot. In traditional Judaism, these reasons are secondary, because the sacred text is the final authority for a mitzvah, even if its interpretation is open to wide interpretation. In liberal Judaism, however, the text is only one source of our decisions about what God wants of us, so the other reasons become more important.

    In the case of the ethical mitzvot, we first of all have a grounding of the 'commandedness' of ethics in human nature, in the form of inborn compassion and conscience. Furthermore, ethical action promotes social cooperation, and so human survival. That we are born with this nature is a strong indication that our God is sending us a message to behave ethically. However, how to realize this is very complicated, as there are conflicting demands from different people and from society, and from our own needs for self-protection. The world has many different wisdom traditions for resolving these conflicts. And while there is a great deal in common amongst them, there are also divergences. How do we resolve the conflicts, and how do we adapt past ideas to present day society, and improve them if necessary?

    My take on this is that general commandment to be ethical is universal, but that Judaism has the strongest tradition for interpreting and applying the ethical imperative. And nonetheless Jewish ethics also need considerable development and change to apply them well to modern times.

    First on the strength of Jewish ethics. Western academic has from the time of Plato been hung up on trying to reduce ethics to a single imperative, such as: the greatest happiness of the greatest number (Utilitarianism) or "act as if your action could become a universal law" (Kant). But the reality is that there are multiple 'goods' and not everything can be reduced to one thing. The Nobel Prize winning economist Kenneth Arrow in his famous 'Arrow's Theorem' showed that with multiple good things that come into conflict, there is no one defined 'best' way to resolve the conflicts. An example noted in the Talmud is that strict justice and peace at times come into conflict with one another. But there are many other examples, as well as issues of the lesser of evils.

    The approach of Jewish ethics is not to try to reduce everything to one principle, but to take multiple values such as kindness, justice, and peace, and try to see what social principles and rules of action will lead to the best life for the family and the community. The development over many centuries of this kind of practical applied ethics has given Judaism what I think is the strongest and richest ethical tradition in the world.

    However, in spite of its being truly a treasure, aspects of Jewish ethics are seriously dated, and need to be developed, applied, and in some cases changed for today's world. What happened is that, unfortunately, issues of personal ethics have been largely ignored, while the world has changed, and people instead have turned for personal guidance primarily to psychology. While psychologists have achieved many valuable insights, they have been allergic to looking at ethical issues. And these ethical values remain key to good relationships, as the Jewish sages such as Maimonides have recognized.

    Marriage, the family, and work have all changed in fundamental ways in modern times. For example, marriage has become self-chosen rather than arranged, and the ideal has become 'companionate', or egalitarian, instead of patriarchal. This means that instead of the husband deciding, with the wife putting indirect pressure, the husband and wife expect to have an equal say in decisions affecting their marriage and their children. Hence, husband and wife have to engage in difficult discussions where they differ over emotionally charged issues in which both have a stake. And marital communication and problem-solving can easily break down in such situations.

    How well a wife and husband are able to deal with such issues is critical to the strength of the marriage, but traditional Jewish values, in the patriarchal context, had little to say about these issues. And we have such backward ideas as "Don't talk a lot with the wife." (Avot 1:5) But traditional values such as compassion (rachamim), kindness (chesed) and fairness (tzedek) remain central to sustaining a good relationship.

    What is needed in my view is that we need to explicitly consider what modern science, in the form of psychology and sociology, have learned. And we need to synthesize this with classic Jewish values, and apply the synthesis in the home and the synagogue.

    In other words, the reasons for the ethical mitzvot need to include modern scientific ones as well as more traditional ones. This idea of including science is a founding tenet of Reform, but it has not been systematically applied to the area where Judaism is in fact traditionally strongest, namely relationships in the family and community.

    How to synthesize psychology and Jewish values and apply the synthesis today in the home and synagogue I will consider in upcoming posts in this series

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    Comments

    Ruth B said:

    Thanksgiving dinner is at our house this year, so this morning I pulled out the disintegrating folder in which I keep recipes so I could write up a shopping list. A piece of standard printer paper fell out, with the following printed on it:
    It is my contention that the "ritual laws"--kashrut, tefillin, Shabbat, holidays, etc.--exist to create and preserve a group identity in which the commitment to the "ethical" commandments--the tikkun olam part--can best be reinforced and promoted.

    If one believes, as I do, that Jews have a unique spiritual calling in this world, that we are to be "a kingdom of priests," that we are to declare the unity of the Divine Name through our actions, then that group identity is essential.

    The ritual mitzvot are a concrete expression of that identity. A person's nature is exhibited in what he or she does. By carrying out certain ritual actions--which necessarily include distinguishing oneself from other groups of people--one reinforces one's identity as a Jew. If you remove that concrete, ritual expression of identity you are left only with a commitment to a code of ethics which is laudable, but indistinguishable from other liberal programs of social action.

    If we believe that "Jewishness" has any inherent value or meaning (and if we did not, why would we bother calling ourselves "Jews") then the ritual aspect must be preserved. But it is also my contention that the ethical mitzvot are the core of the Revelation, its heart and soul. The ritual mitzvot are the body. The ethical mitzvot are more important, but the ritual mitzvot--however mysterious they may appear to us post-moderns--are necessary for achieving them. Likewise, we cannot let the ritual mitzvot eclipse the ethical commandments as is too much the case on the other end of the spectrum.

    I am fully convinced that the Torah, Written and Oral, is from God and originated at Sinai. Sinai was not the end but the beginning, and Torah is not a thing but a process.

    I'm very sorry to say that I don't remember exactly when I printed that or from where, so I am unable to give proper credit to the author. I haven't the foggiest how it ended up with my recipes for cranberry sauce and scalloped corn, but perhaps it is an appropriate place after all: as we daily create our Judaism, we always have to be cognizant of including the right proportions of ethical and ritual, adjusting as needed for the season, and for the palate of the people who share daily dish of life.

    I appreciate Mr. Berkson's efforts in trying to update and improve this recipe.

    William Berkson said:

    Thanks, Ruth B. I largely agree with the note you found, though I would put some of it a bit differently. My post above dealt with ethical mitzvot, and I will post more about the ritual mitzvot later, after exploring the ethical mitzvot some more.

    What I would put a bit differently is that I would say that the ritual mitzvot are advantageous, rather than absolutely necessary to achieving ethical mitzvot. A non-Jew can be as righteous as any Jew.

    What I hope is that the ritual mitzvot help to bind us together as Jews, as well as regularly to bring to the surface the spiritual dimension of our lives, and to remind us of the divine ethical imperative. The combination of a community, ritual with spiritual and ethical meaning is very powerful, hopefully lifts us up as a people.

    So the ritual mitzvot and the community they foster and the spiritual experiences they provide do powerfully help us and make it easier for us to be ethical, and to raise ethical children. But 'necessity' is too strong.

    Larry Kaufman said:

    A non-Jew can be as righteous as any Jew.

    Agreed. But the difference, as stated in Ruth's note, is not to be righteous, but to feel commanded to righteousness. If we are not commanded by the God of the Jews, why be Jewish?

    The elimination of too many things that were distinctively Jewish is why even Classical Reform congregations have moved toward ritual and its appurtenances -- bnai mitzvah at Chicago Sinai, kipot and tallitot at Sholom of Chicago.

    Without the distinctively Jewish, we can be righteous Unitarians. That is clearly not where your series is going.

    William Berkson said:

    Larry, on particularism vs universalism, I usually get into trouble by pointing out the differences between Jewish ethics and those of other religions and traditions, and arguing that Jewish ethics are superior. There is a distinctive Jewish ethical tradition.

    But I think that there's one Lord of the world (adon olam, right?), who commands all of humanity; that's an element of universality in Judaism. I very much like Plaut's take on this in his Modern Commentary on the Torah: our sacred writings are a record of our efforts to understand God, and do His will. They are imperfect, but still the best, in my view. In other words, what is unique in the ethical area is our understanding of God's universal imperative that humanity live ethical lives.

    The particularism of Judaism that we should preserve is both in the unique approach to ethics in Judaism--which I noted briefly above--and in the rituals that celebrate and help bind together our lives and communities.

    Larry Kaufman said:

    William Berkson said:
    Larry, on particularism vs universalism, I usually get into trouble by pointing out the differences between Jewish ethics and those of other religions and traditions, and arguing that Jewish ethics are superior. There is a distinctive Jewish ethical tradition

    That's where I know your head is, which is why I jumped on the implication -- well, maybe it was just my inference -- that univeralism is enough.

    As I have indicated before, I could probably be a Reconstructionist if I didn't feel Chosen.

    M. B. said:

    The big ethical question that is being ignored here is the Bernard L. Madoff scam. We are in the midst of what some call the scam of the century, a theft of some fifty billion dollars ($50,000,000,000) by a prominent Orthodox leader. Jews and Jewish charities were particularly hard hit by the ethical violations in a way that will effect Jews for many years to come. People of all religions and races were hurt by this admitted crook. Since Madoff's arrest, every newspaper and TV news organization is covering the question of how someone could had done something so evil while representing himself as a devout Orthodox Jewish leader, the Treasurer of the Board of Yeshiva University and the Chairman of Yeshiva's School of Business. This is a man who used his pretense of ethics and Orthodoxy for years as a tool in his gigantic scheme to defraud investors ranging from major hedge funds, to charities and widows and orphans. How could this giant ethical issue be swept under the rug in the Reform Jewish blog?

    William Berkson said:

    MB, your idea that we are "ignoring" Madoff is very strange, as all these posts were before the news about Madoff. I personally objected, in print, when his Rabbi defended Enron crook Andy Fastow.

    What is so shocking about the Madoff case--unlike Fastow--is that he seems to have been an upright person who went extremely bad.

    But I certainly don't know the story. Presumably a lot more will come out soon, so we can understand it better.

    I am old enough to know that a pretense of piety is no guarantee of ethical behavior. Shrewd con artists like a cloak of piety.

    M. B. said:

    Now the spectre of claw back enters. Because Madoff used funds of new investors to make payments to old ones, the new investors may be able to recover judgments against earlier investors who have now lost their money, too. That includes going after charities, retirees, widows, orphans, and others who may already be in poor financial condition.

    Madoff, wearing his kippa and talit, and using his position as a leader in the Orthodox community, had no qualms about preying on his co-religionists. He belonged to Jewish Country Clubs and attended Jewish events. In traditional conman fashion, he looked for the most vulnerable to prey on, using the pretense of religiosity as one tool to lower their guard and take their money. He didn't shy away from taking money from Holocaust survivors like Elie Wiesel, or from organizations like the American Jewish Congress. He took from school and congregations and individuals. Having wormed his way onto boards where he was a fiduciary of charitable organizations, he looted millions.

    Did this man have a conscience? I see no evidence of it. How did he get onto the boards and into organizations with no ethics? Are too many of our organizations allowing the wealthy to buy their way to respectability? Is any consideration being given to what Reform Jews regard as of utmost importance, personal character? This is a wake up call. It's too late to stop Madoff, but we can learn lessons about ferreting out other crooks and stopping them. How do you think we in the Reform Jewish community can avoid falling victim to these self-righteous individuals who build up their resumes and connections to the point that they can get close enough to us to rob us and our religious and charitable organizations? How can we avoid the shame of a dishonest Jew that victimizes people in the non-Jewish community as well as his own?

    Jon Kabbe said:

    I would like to return to the "ethics" topic. The Mitzvot as presented from Torah via the Rabbis and Sages are rather specific. That is both their strength and weakness. It is a strength when they provide specific actions for specific situations. It is a weakness when the actions, as defined, are not easily related to modern life.

    Univerals can be strong since they are transportable to many situations. Univerals are weak in that they tend to be so general that it requires effort, sometimes considerable, to apply to everyday situations. Universals are also easy to rationalize into justifying many rather unethical actions.

    I believe that the Mitzvot represent the decisions of brilliant ancient Jewish thinkers on how to simultaneously apply multiple Jewish ethical principles to everyday situations. The paradoxical tensions in the multiple priciples were creatively woven into the final Mitzvot decision. If we are to follow the Jewish process of living it would seem to me that we need to include this paradoxical weaving process.

    As a Reform Jew I appreciate the effort to "Reform" ritual though I think I would use caution in doing so. The Jewish people have to my knowledge been the longest lasting and most productive persistent minority in history. There is something in our culture from which springs this remarkable history. I worry that some of our richness as contributors to each other is invisibly incorporated in religious ritual. It is possible that something very paradoxically Jewish is inherent and therefore taught in Jewish ritual. I think it is worth considering what we are 'unintentionally" being taught by Jewish ritual that we can ill afford to lose and that the world would be poorer for us losing.

    William Berkson said:

    Joe, I've had deadlines and haven't been able to post as often as I like. I will continue this series later this week.

    You pinpoint an important issue in applied ethics. When do universals become too wishy-washy? A great thing about Jewish ethics in the Torah and Talmud is that it has often been very concrete and specific, because it has been case-oriented. The weakness of Talmudic ethics is not a matter of its being too general, but rather that the conditions of modern life are so changed in some respects that the specifics need to be rethought and reformulated.

    I think we need both renewal of the ethical guidelines, and further evolution of the ritual. I'll get into both over the coming months.

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