American Orthodoxy Has Grown More Stringent in Some Ways, More Liberal in Others

Sept. 15 2023

Since the beginning of the century, observers of Orthodox Judaism in America have commented on what one sociologist labeled a “shift to the right.” This shift isn’t a political one, but rather a move toward more stringent observance and a tendency for the Modern Orthodox to grow closer to Ḥaredim in certain respects. Zev Eleff argues that Orthodoxy is indeed changing, but not in a way that can be explained in such simple directional terms:

Take, for instance, the gray areas of Jewish jurisprudence, as I have argued, from the rise and fall of peanut oil in Ashkenazi-practicing homes on Passover, [now considered a forbidden legume product], to the emergence of bat mitzvah ceremonies in Orthodox spaces. Peanut oil was “the Passover oil” in the immediate postwar period, approved by all kosher certification agencies . . . until the 1960s. Bat mitzvah, on the other hand, was a decidedly Conservative Jewish practice in the 1950s and rarely done in Orthodox circles.

In the case of peanut oil, the Orthodox community banned it and moved to the “right,” while in the latter instance, bat-mitzvah rituals, we have moved very far to the “left.” Factor in consumerism (Passover vacations, boutique toys, and other Orthodox products), dating practices, and women in the workforce, and you will further bollix notions of linear movements to one direction or another.

[Moreover], the tenets of Modern Orthodoxy are no longer all that distinguishable from the yeshiva [i.e., non-ḥasidic ḥaredi] world. The latter has softened its stance on Israel; the erstwhile anti-Zionists (save for Satmar) are by and large non-Zionists. The yeshiva world visits Israel, champions it, and votes for American politicians who they believe best serve Israel’s interests. In addition, the Modern Orthodox and [the more stringently] Orthodox are much more closely aligned in terms of higher education. The yeshiva world has developed partnerships with universities to help their children earn degrees in “practical” fields such as accounting and the health sciences. Their children enroll in top medical schools and elite law schools.

Read more at Jewish Ideas and Ideals

More about: American Judaism, Bat mitzvah, Modern Orthodoxy, Orthodoxy

Fake International Law Prolongs Gaza’s Suffering

As this newsletter noted last week, Gaza is not suffering from famine, and the efforts to suggest that it is—which have been going on since at least the beginning of last year—are based on deliberate manipulation of the data. Nor, as Shany Mor explains, does international law require Israel to feed its enemies:

Article 23 of the Fourth Geneva Convention does oblige High Contracting Parties to allow for the free passage of medical and religious supplies along with “essential foodstuff, clothing, and tonics intended for children under fifteen” for the civilians of another High Contracting Party, as long as there is no serious reason for fearing that “the consignments may be diverted from their destination,” or “that a definite advantage may accrue to the military efforts or economy of the enemy” by the provision.

The Hamas regime in Gaza is, of course, not a High Contracting Party, and, more importantly, Israel has reason to fear both that aid provisions are diverted by Hamas and that a direct advantage is accrued to it by such diversions. Not only does Hamas take provisions for its own forces, but its authorities sell provisions donated by foreign bodies and use the money to finance its war. It’s notable that the first reports of Hamas’s financial difficulties emerged only in the past few weeks, once provisions were blocked.

Yet, since the war began, even European states considered friendly to Israel have repeatedly demanded that Israel “allow unhindered passage of humanitarian aid” and refrain from seizing territory or imposing “demographic change”—which means, in practice, that Gazan civilians can’t seek refuge abroad. These principles don’t merely constitute a separate system of international law that applies only to Israel, but prolong the suffering of the people they are ostensibly meant to protect:

By insisting that Hamas can’t lose any territory in the war it launched, the international community has invented a norm that never before existed and removed one of the few levers Israel has to pressure it to end the war and release the hostages.

These commitments have . . . made the plight of the hostages much worse and much longer. They made the war much longer than necessary and much deadlier for both sides. And they locked a large civilian population in a war zone where the de-facto governing authority was not only indifferent to civilian losses on its own side, but actually had much to gain by it.

Read more at Jewish Chronicle

More about: Gaza War 2023, International Law