From: ask@cbnews.cb.att.com (Arthur S. Kamlet)
Subject: Re: Conservative Halacha (was re: Orthodox Monopoly)
Organization: AT&T Bell Laboratories,  Columbus, Ohio
Date: Thu, 10 Sep 1992 02:25:56 GMT

In article <18m4nfINN4ik@agate.berkeley.edu> schultz@garnet.berkeley.edu (Richard Schultz) writes:
>In article <1992Sep8.223245.24953@cbnews.cb.att.com> ask@cbnews.cb.att.com (Arthur S. Kamlet) writes:
>
>>   - Is commercial wine prepared in the United States treife (no)
>
>This example brings up my problem with the Conservative approach to halachah.
>One reason that wine prepared by non-Jews was forbidden to be consumed by
>Jews was the fear that permitting it would lead to excessive fraternization
>between Jews and non-Jews and eventually intermarriage.  Since the problem

But assuming that commerical wine prepared in the U.S. is untouched
by people during the wine preparation, would this still apply?

And honestly, do you believe drinking non-hecksher wine will lead to
more intermarriage than drinking whisky or beer or kosher wine?

>See, if you're going to return to the Talmudic approach to halachah, I don't 
>see how you can merely use it as an excuse to find kulot (leniencies) as the
>rabbis often went way out of their way to be more machmer (stringent) than

The greatest rabbis made their marks by finding leniencies.

I will surely hear a great groan at this point, "groan, he's
probably going to bring up Hillel's prosbul."   Sure.  The
brilliance of Hillel was he found a leniency which allowed for
loans to be made according to the behavior most Jews of the time
desired. And according to Halacha.

And when rabbis find leniencies to prevent someone from being
declared a mamzer or an aggunah, if they can stretch but remain
in their arguments and logic true to Halacha, they will be praised.

And I have discussed the tragic case of the Israeli submarine
which disappeared some years ago:  Jewish law says if one
disappears, even with witnesses, in a small body of water,
the person may be considered to have drowned if the far shore can be
observed.  But in a large body of water, the person could have
hitchhiked onto a floating log and floated to a distant shore.
So people who disappear, even with witnesses, in a large body of water
like the Mediterrean, cannot be presumed dead.  This created a
tragedy, and as a matter of Jewish law, the wives were still
considered to be married.   But even in our age, the rabbis finally
took the desires of the people into account, and said, Well, the
Torah does't mention submarines.   Submarines are new things.
So if a submarine disappears, the people aboard can be presumed to
have died.  A well-received leniency.  Worthy of the best
conservative scholars.

My point is, it's a very good thing to be lenient, within Halacha.

Others voluntarily adopt chumrot for themselves and their families
and believe it is best to be strict.  If that's your belief, fine.

The danger, of course, is if it becomes such an unbreakable practice
that it is believed to be Halacha or if it cannot be distinguished 
by its action from Halacha.  Indeed, if one believes a custom
is itself a law,  an unbreakable law, one is in danger of adding to
the Torah.

A recent article in this newsgroup about kissing a mezzuza,
criticized objections to kissing a mezzua since our ancestors
have done that for so long.  There is a fine line - if it can even
be found - between following custom because our ancestors did it
that way, and not allowing the custom to change -  and adding to
the Torah.

Those who criticize use of electricity because some authorities
found it to be completing a circuit (talk to hydraulic folks who
think of running water through pipes in circuit terms) or because it
is a form of fire, might say electricity is prohibited by the Torah
itself!

As submarines aren't in the Torah neither is electricity.  The
rabbis who find electricity is not completing a circuit and is not
fire are suddenly criticized by some for not being stingent when
they should be praised for finding leniencies within Halacha
to meet the needs of the times.

In fact, both those who are stringent and those who are lenient are,
in their own ways, trying to follow their understanding of Halacha.

Let's see,  should we criticize Shammai for being strict or Hillel
for being lenient?   I hope you will answer: we should not criticize
either.  We do, of course, tend to follow more of Hillel than
Shammai.

>my question for all you Conservative types out there:  in what areas of 
>halachah is the official Conservative position more machmer than even the most
>liberal Orthodox position?  In what areas has the RA chosen the more machmer

By now I hope you will understand that the requirement is to follow
the law.  Being extra strict is not a virtue but being lenient may
be.  At least you will be in good company.

>                                                     The decision not to allow
>female cantors was not, as far as I know, made by the RA, and in any case it
>was overturned by the head of JTS.

I believe the decision to allow female cantors was finally accepted
by the RA.  What the JTS Chancellor did was unilaterally say women
will be accepted into the JTS Cantorial program and allowed to
graduate if they succesfully completed the program.

What had happened, was the RA for many years defeated resolutions to
admit women to their ranks.  One issue put forth by opponents was 
whether a woman could be shaliach tzibbur.  By informal agreement
the RA decided not to tackle the issue in time for the vote which
eventually succeeded, but to assume the cantor, not the rabbi, is
the shaliach tzibbur.   So when the issue of whether cantors could
be women was brought to the RA the RA first said the Committee on
Jewish Law and Standards would have to rule on the issue of shaliach
tzibbur.  A stalling tactic.  The chancellor said enough, and
declared JTS will accept women into its cantor program.

He did not rule they would be accepted as cantors by the RA, the
Cantor's Assembly, or by individual congregations.  There's a fine
line between accepting women in the school and allowing them to
graduate, and admitting women to the official ranks of conservative
cantors. (Very fine.)
-- 
Art Kamlet  a_s_kamlet@att.com  AT&T Bell Laboratories, Columbus
Newsgroups: soc.culture.jewish