Today the Conservative Movement’s Committee on Jewish Law and Standards is meeting to revisit the movement’s policy on homosexuality. There are four tshuvot (legal positions) on the table, two of which would permit gay ordination and sanction homosexual relationships in the movement. There is, of course, the possibility that they’ll delay final decisionmaking yet again, but I think today is the day.
The Torah commands us to stone to death a rebellious son who disobeys his parents after being warned. The rabbinic tradition, evidently thinking that this was a little bit harsh, found ways to qualify this law into obscurity: it’s only in such-and-such case, if he commits a very specific crime of theft stealing exactly these things with exactly this amount, and it can’t happen if X or Y or Z OR Q factors are present, etc. Similarly, the rabbis took the line, “an eye for an eye, a tooth for a tooth (etc)” and asked, “Wait, does this LITERALLY mean the offending person has to give an eye, or does it mean that he has to pay monetary equivalent to the damages inflicted?” (Eyin tachat eyin mamash… oh maimon?) The legal tradition protested what it saw as an unjust pshat (plain reading) of the text, and it found a way to foreground the sanctity of human lives over a strict and bloodless reading of halakha.
The law does not have to and should not be read at the expense of human dignity and basic notions of justice. I am praying that the CJLS does the right thing today.
amen!
I would actually like to find time to sit down and chat about halacha, cause being at Pardes and learning more about the halachic system has encouraged me to give up on the dream of a progressive halacha that would actually compel people to do good things in the word. It would take such a radical redefinition of halacha, that I do not think it could still be called halacha. I would love to return to a less cynical perspective on halacha. can you lead me back? : )
hey, Joe–
I’m happy to chat anytime, you know where to find me. Not that I have any magical answers about any of this stuff, but I do continue to believe in the system, imperfect as it is. Brainstorming on how to build a better halakha is always a good use of time over coffee…
Yeah but the CJLS does not have the authority of the Talmudic rabbis.
Although I think Rabbi Dorff’s proposal seems to make a lot of sense, based on the broad outline I’ve read (from press reports).