From: jgoldber@todah.chem.utoronto.ca (Joel Goldberg)
Subject: Re: On Orthodox Monopoly (was can of worms...)
Organization: University of Toronto Chemistry Department
Date: Tue, 15 Sep 1992 17:56:55 GMT

In article <9209142155.AA04191@ptms_dev.sbi.com> <gertler@ptms_dev.sbi.com (User - Don Gertler)> writes:
>I am lacking in knowledge about all the complexities of the Ethiopian issue.
>I dislike much of what I've heard about their treatment.  Nevertheless, the
>Ethiopians have not exactly maintained Judaism precisely as it was when
>the separation occurred.  Their Torah scrolls were not, for example,
>written in Hebrew.  (Or did we break from the language of the Torah
>and Prophets, choosing Hebrew instead?)  This is not to criticize the
>Ethiopians, just to point out that they are as likely to have diverged
>from our common origins as we are.  Can we then assume they fully
>maintained the earlier understanding of the law with regard to conversion
>or intermarriage?
   Every argument based on observed difference between Ethiopian
   practice and Ashkenazi (or Sepharadi etc.) practice cuts both
   ways and so is completely useless. The communities separated
   in pre Mishnaic times. They didn't have a R' Yehuda Hanasi to
   mandate writing down the Oral law. Nu? They followed the
   instructions of the torah and "went to the judges they had in those
   days" to get rulings on halachic issues. It's not surprising that
   the rulings and practice developed in the one community are different
   from that of the other when they are mutually isolated.

   Moreover, according to Ashkenazic practice, all the rulings made
   by the Kessim _are_ the halacha for their (the kessim's) respective
   communities. It's even entirely irrelevant _according to Ashkenazi
   practice itself_ what the "objective facts" might suggest. The
   community is required to follow the rulings of its recognised
   authorities. Again, aApi, these rulings become the halacha.
   One is not allowed to come afterwards and say these guys were right
   and these guys were wrong. Minhag avoteinu b'yadenu, etc.
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  The rational for the pro-forma conversions demanded of the Ethiopians,
  is, as alluded to above, because the marriage rules used by the E's
  are not the same as those for the A's, and so the E's might be
  mamzerim. The, and you will excuse me, silly thing about this is
  that the proposed solution is useless. First off, they can only be
  mamzerim if they are Jewish. If that's true, then going to the mikva
  won't help. So, the solution is that they aren't Jewish, and are
  converting. In order to accept this, one has to throw out all the
  findings (by A authorities) that the E's are Jewish. How can this
  be justified, convenience? What are the A's today going to say,
  that the E's are Jewish but aren't simultaneously? When did such
  a halachic status appear? The only internally consistent, _and
  halachically correct_ solutions are to say that 1) the E's aren't
  Jewish or 2) they are (safek l') mamzerim and so forbidden to
  non E's. Actually, that's not even right. Following on from
  what I wrote above, as long as the E's followed the rulings
  of their own authorities in matters of marriage and divorce, then
  they are not, according to Ashkenazi practice itself, mamzerim.

  The only followup problem is how to perform divorces between 
  Ashkenazim and Ethiopians. From the A side, the woman would
  adopt the practice of the man. I don't know how it would work
  from the E side, the E's never had to rule on the A/S interaction.
  No problem, just ask the E kessim to make a ruling. It could flat
  out contradict the A rule, but I doubt that it would. Even if it does,
  it's an order of magnitude smaller problem than currently. Wait a
  minute [maybe I should do this professionally :-)] we could do what
  we now do for marriages, we are yotzeh on all three ways of marrying
  to make sure we get it right. (Here's that shiur again, sorry N.W.)
  Also, at YU they blow shofar according to all kinds of different
  shitot to make sure they are yotzeh. Simply have two divorces, one
  according to A practice and one according to E practice. We are
  yotzeh according to all shitot.
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