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The Cultural Jew exchange, part 3: ‘Israel’s secular Jews are still steeped in Jewish tradition’

[additional-authors]
August 5, 2015

Roberta Rosenthal Kwall is the Raymond P. Niro Professor at DePaul University College of Law. An internationally renowned scholar and lecturer, Kwall has published books and articles on a wide variety of topics including Jewish law and culture, property law, and intellectual property. She is the author of The Soul of Creativity: Forging a Moral Rights Law for the United States (Stanford University Press), a seminal work on moral rights law. Professor Kwall has received numerous awards for teaching and scholarship, and in 2006 she was designated as one of the 10 Best Law Professors in Illinois by Chicago Lawyer magazine. In addition to her law degree, Kwall also has a Master’s Degree in Jewish Studies.

This exchange focuses on Professor Kwall’s recent book, The Myth of the Cultural Jew: Culture and Law in Jewish Tradition (Oxford University Press, 2015). Parts one and two can be found here and here.

***

Dear Professor Kwall,

In your last response you stated that “in Israel, where the majority of Jews claim to be secular, it is far easier to create and maintain Jewish identity.”

This made me think about how for many secular Israelis the very term ‘halakhah’ conjures orthodox values, rules, and regulations which they can easily ignore without their Judaism being in jeopardy.

Your approach stresses the importance of maintaining a dialogue between Jewish culture and the halakhic tradition when it comes to Jewish continuity. But it seems that secular Israelis can generally afford to not really bother themselves with adherence to the halakhah, simply because they live in a country in which intermarriage and assimilation is not a real concern.

My question: doesn’t secular Israel show that a measure of not-necessarily-halakhah-dependent Jewish peoplehood and secular Jewish environment can be a viable substitute to taking Jewish law more seriously (which is not a live option for most of those who don’t take it seriously to begin with)?  

I’d like to thank you again for participating in this exchange.

Yours,

Shmuel.

***

Dear Shmuel,

In Israel, the surrounding culture is steeped in the Jewish tradition, including the halakhic elements. As a result, the “secular Jewish environment” there enables most Israelis to lead very Jewish lives, even if they do not feel bound by the commandments. Most secular Israelis take this for granted and do not even realize the extent to which these elements surround them and shape their existence. Such is not the case with secular Jews living outside of Israel (in the Diaspora), and, therefore, the secular Jewish environment in Israel cannot furnish a viable model for Diaspora Jews.

When Jews live as a minority culture, they are not exposed to the rhythm of the Jewish tradition in their daily lives. Just a couple of weeks ago, Jews around the world marked the saddest day of the Jewish calendar, Tisha b’Av, the ninth of Av. This fast day commemorates the destruction of the two Temples in Jerusalem and is also a time to remember many of the atrocities to which the Jewish people have been subjected. In the United States, few Jews other than those who are fairly traditional are even aware of the day, let alone observe it in some fashion. In contrast, Israeli Jews cannot help but have an awareness of the day, even if they are not engaged in observing its rituals. Many restaurants in Israel close and those that remain open tend to be less busy. There are no theatre performances. A similar atmosphere pervades Israel on Yom Kippur. In fact, a level of awareness exists in Israel for virtually every holiday mandated by halakhah. This reality calls into question the assumption that the secular Israeli environment is independent of halakhah, even if a sizeable segment of the population does not observe these holidays in a traditional fashion.

Moreover, the “not-necessarily-halakhah-dependent Jewish peoplehood” has a flavor in Israel unlike anywhere else. You can find a very compelling illustration of this point by watching the YouTube video showing how drivers on a highway in Israel come to a complete stop in response to the two-minute national siren blast on the morning of Yom Hasho’ah, Holocaust Remembrance Day.  During this period, the entire country shuts down and engages in meditation and prayer. This remarkable manifestation of Jewish peoplehood is completely unthinkable and unavailable in the Diaspora.

The early secular Zionists did not embrace the rabbinic tradition, but they definitely relied upon Judaism’s biblical roots and revamped these elements with a new, nationalistic perspective. The late rabbi David Hartman noted that these individuals invoked the Jewish heritage as a major source of the guiding ethical norms that were seen as vital for a rebirth and rebuilding of their ancient homeland. As a result, these norms were, and still are, part of the country’s “public domain” in a visceral sense. For example, Israel is often a first responder when natural disasters and tragedies occur in other countries, a testament to the Jewish tradition’s long-standing concern for social justice.               

Although many Jews seem to be experiencing a need for increased spirituality, those experiencing a “spiritual awakening” in Israel are increasingly looking to their Jewish roots to satisfy their spiritual needs. Israeli society boasts popular quasi-religious venues such as the unofficial Kabbalat Shabbat (welcoming of the Sabbath) celebration in Jerusalem at the First Train Station. This weekly celebration features mixed seating, beer, dancing and musical instruments, but because it takes place prior to sundown, it does not violate halakhic norms. Organized by a local non-profit group, this celebration’s initial purpose was to provide Jerusalem with a pluralistic opportunity for unity. In recent years, grass-roots community prayer groups also have sprung up in Israel, providing secular (and sometimes even more traditional) Israelis with an outlet for their spiritual searches that are steeped in Israeli poetry and song, as well as traditional prayer. Israelis also are flocking to a growing number of self-described “secular” institutions of classical Jewish learning. There is even a burgeoning movement of Israeli rock musicians who are turning to the Jewish tradition for inspiration.

Just as cultural Jews come in many shapes and sizes, the same is true for secular Israeli Jews. According to Professors Asher Cohen and Bernard Susser, one version of secular Jewish identity that is often overlooked is the “forgotten center.” These “traditional” Jews prize the same sources and observances as those who consider themselves religiously observant. Still, they distinguish themselves to the extent they do not care about the theological grounding of their convictions or the consistency of their halakhic practices.

In sum, the secular identity of Israeli Jews looks and feels very different from the secular identity of Jews in the Diaspora. This difference exists for a good reason: secular Israelis have been reared in a nation that is, in its very core, Jewish. Interestingly, evidence shows that when Israeli Jews move away from Israel, they often manage to find a greater religious identity as they find themselves liberated from the politics and the perceived religiously coercive characteristics of life in Israel. Although Diaspora Jews can visit Israel and spend portions of time in the country, their day-to-day experience in the United States and elsewhere is in no way comparable.

To conclude our exchange, I want to emphasize that a culturally nuanced perspective of the Jewish tradition values the preservation of the entirety of the Jewish experience, which includes both the cultural and the religious. Both are a testament to Jewish ingenuity and survival and manifest the particularity of our people. For this reason, those who claim to be “culturally Jewish” must be educated to grapple with halakhah. We must understand its origins and struggle with its present day applications. As an academic, I am all too familiar with frightening manifestations of anti-Semitism on college campuses throughout the United States. Paradoxically, however, I see an increased fascination among both students and faculty from a variety of backgrounds with the wisdom of the Jewish tradition. As Jews, we must remain faithful stewards of the entirety of this tradition. I am grateful to you for asking me to participate in this exchange, and I have very much enjoyed the opportunity you have given me to share my perspective with your readers.

Kol tuv,

Roberta Kwall

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