October 27, 2008
Religious tolerance

What prompts this note is an advertisement for a documentary film in behalf of a "courageous struggle" for religious freedom in Israel, i.e., the rights of women to pray as they desire at the Western Wall.

The ad came with a clip from the film. (http://www.youtube.com/watch?v=M-xjZWX5rlE). It features the "Women of the Wall," with comments by women rabbis and other activists, mostly from Los Angeles. They complain that women are not allowed to read from the Torah, or to appear in prayer shawl (tallit), skullcap, and phylacteries (tfillin) at the Western Wall. They complain about the curses and violence they may experience at the hands of the Orthodox (mostly, but not entirely men).

I do not view myself as religious, or participate regularly in the services of any synagogue: Orthodox, Conservative, Reform or Reconstructionist. When I visit my daughter and son-in-law, serious Reform Jews in Boston, I enjoy the Friday night service at their Reform Temple, including the female cantor and the musical instruments that accompany her.

While I think of myself as far from being a religious fanatic, it appears to me that the Women of the Wall are violating an elementary rule of religious courtesy, as well as a norm well established in Jewish tradition: observing the customs of the place.

Judaism has been developing for at least 2,500 years, and has been touched by experiences in many places. Israel claims that its people came from 100 countries. That may be a convenient round number for something more or less, but it does indicate our diversity.

Observing the customs of the place is a way to avoid conflict. The "place" may be a country, locality, or synagogue. Israel has synagogues serving Ashkenazim, Sephardim, numerous national cultures within each of those major divisions or outside both of them. There are synagogues that mix cultures, following one ritual or another depending on which member of the congregation is taking a turn as the reader. Almost all the synagogues are Orthodox. Prevailing custom in them is for men only to read from the Torah, or to don a prayer shawl, skullcap, and phylacteries.

When my mother died, I was expecting to say Kaddish at her funeral in Massachusetts.. As the only son, I expected to say it alone. I was a bit surprised when the Conservative rabbi invited all those present to say the prayer. I thought for a moment that he should have asked my preference, but it was not the time or place for a comment. I prayed along with everyone else.

The Israeli Jewish establishment is Orthodox, as defined in numerous laws and regulations. Orthodox rabbis monopolize the functions that deal with marriage and divorce among Jews. Individuals married outside of Israel by non-Orthodox rabbis or in civil ceremonies are recognized as married by official bodies. Recent estimates are that as many as 25 percent of Jewish couples choose a non-Orthodox wedding overseas, in addition to the overseas marriages involving interfaith couples and individuals not recognized as Jewish.

Non-religious Jews are likely a plurality, and perhaps a majority of the Israeli Jewish population. Those affiliated with non-Orthodox congregations are a small minority.

The plaza at the Western Wall has an area set aside for women to pray according to Orthodox norms. The police are likely to enforce bans on women in prayer shawls, skullcaps, and phylacteries, or reading from the Torah. The Supreme Court has upheld these bans, on the principle of maintaining public order and safety.

On the same principle, Muslim religious authorities are granted control over the Temple Mount/Noble Sanctuary. Jews are not allowed to pray on the Temple Mount, may not be allowed to enter the Dome of the Rock or al-Aqsa Mosque, and are not allowed on the Temple Mount during Muslim holy days or when the police perceive that tensions are high.

Some of the rules are flexible. Not all are enforced all of the time, and the courts have decided in ways that are sometimes liberal and sometimes conservative. It is possible to find an increase in permissiveness, but it is not coming rapidly and is less extensive than many desire. Women in religious garb or reading from the Torah at the Western Wall, and Jews on the Temple Mount are not the only issues that reach the courts. There are also problems with the sale of non-kosher food, advertizing posters that feature women dressed (or not dressed) in ways considered modest, commerce on the Sabbath, and marches by gays and lesbians.

Justice? That is not a term that lends itself to conflicts about religious practice. Being wise in context may require people to avoid insisting on what they think are their rights. Protestant tourists are wise not to hold an impromptu religious service in the Vatican. Jews who campaign about religious coercion in Jerusalem might think again about customs of the place.

On account of spam, I do not permit comments on the blog. I do welcome comments sent to my e-mail address, shown below.

Ira Sharkansky (Emeritus)
Department of Political Science
Hebrew University of Jerusalem
Home tel: 972-2-532-2725
Cell phone: 054-683-5325
Fax: 972-2-582-9144
msira@mscc.huji.ac.il

Posted by Ira Sharkansky at October 27, 2008 03:46 AM