Purely Commentary

An Important Responsum by Dr. Solomon B. Freehof
Directs Attention Anew to Need for Clarification
Proposal for Sanhedrin
of Religious Conflicts

Urgent Need for Rival of Sanhedrin to Deal \ W,ith Religious Issues

So many conflicts have arisen in Jewish ranks in recent years, with even greater pressure since
the emergence of "the state of Israel. that the need for the revival of the Sanhedrin to deal with basic
problernsc hesoreres most urgent.
No only the "Who Is a Jew?" complication and the sad involvements affecting marriage, divorce.
conversions and other challenging religious matters, but many everyday events often arise to affect reli-

.zious unity.
Here is a typical example: London Jewish Chronicle's "Chronicler - last week carried this item in

his "Incidentally" column under the heading "This Israel": "A coin minted specially for the
put- on nahen (the ceremony of redemption of the first born) has been declared non-

ceremony of

kosher by a leading Isiaeli rabbi. It bears the date of the Christian year."

Many such problems arise which need solution. There was a time when Reform
was trefa, now both Reform and Conservative are anathema to the Orthodox. This is
unfortunate because the Orthodox are a third of our people, and two-thirds of a
worldwide force is not rejected or ignored or not-to-be-talked-to. It is of the utmost
urgency. therefore, that all elements get together to re-evaluate religious needs,
dogma. regulations, and apply them to our time.
We have a typical example of how issues need to be resolved in a most effec-
115e Responsum that was written by one of our eminent scholars. Dr. Solomon B.
Freehof, to apply to a local situation but which has universal implications. We

present it here in the hope that it will stimulate activity to force consideration of the
need for all religious groups to get together and to arrive at basic decisions affect-

ing the Mes of Jews merywhere.

Dr. Freehof

Dr. frcebof's Specially Prepared Responsum on "Substitutions on Christmas ...

commentator included this item regarding substitutions by •Jews

In our issue of Dec. 31, 1971, this
for ( hristians on Christmas when Christmas occurs on the Sabbath:

Ecumenism ... Good Will ... Sanctity and
Self-Abnegation

Many New Yorkers have gotten into the habit
of watching the Friday New York Times Reli-
gums Services Section which always carries a

special message from the Rabbinical Alliance of
America as a "Topic of Interest on Jewish Life. -
Last Friday's topic. "Holiday," carried this

warnM2

"It is utterly wrong for Jews to participate
in Xmas or New Year's celebrations. This
would only tend to 'secularize' these days,
which are sacred to non-Jews. Jews should
take pride in their heritage by observing the
numerous festive days, such as Shabat and
the holidays in the cycle of the Jewish year."
By including the civil New Year, which is

generally observed by all faiths as a day of
hilarity' and rejoicing to usher in the calendar
day that marks the beginning of another year for
business and civil affairs, the Rabbinical Alliance
created a puzzle. It so happens that this year
its message is applicable because the Sabbath
rules out participation by Jews in hilarity that
mar. the sacred spirit of the Shabat.
On 'numerous occasions the late Dr.- B. Bene-
dict G'azer, as rabbi of Temple Beth El, used
to callus to express his dismay over functions
that were sponsored by Jews on Friday nights.

Ile pleaded for effort to encourage respect for
the Shaba( by Jews -who must refrain from plan-
ning public functions. He expressed the hope
that Jews would attend services on the Sabbath
eve, and certainly make the beginning of the
Sabbath the time for family unity, for being at
home and respecting the holy day of the Jew-
ish week.

Dr. Glazer's concern comes to mind this year
in relation to the wonderful service some of the
members of his temple rendered in making it
possible for Christians to observe Christmas Day
by their substitution for them at a local hospital.
For many years Jews have rendered such ser-
vices in post offices, hospitals, public posts—
without pay and as a gesture of good will for
those who otherwise were unable properly to
observe their holiest day of the year.
But: is such a service sacred when those
serving as substitutes for Christians -desecrate
their own Sabbath?

comradely relationship (Mipney
Darche Shalom). See the full dis-
cussion of these two motives in
Dr. Lauterbach's magnificent
paper. "The Attitude of the Jew

CCAR1
Towards the Non-Jew,"
186. The motivation
Yearbook.

therefore for these volunteer sub-
stitutes is not only worthy, it is
also traditional.
But there is a more specific con-
cern that this substitution takes
place on Christmas. The Talmud
(the beginning of Tractate on Idola-
try, Avodah Zara, prohibits any
association with the heathens on
or within days of their holidays,
lest we become involved in their
worship, or lest the money that
they earn in business dealings with
us be contributed to the idol wor-
ship. These laws of non-associa-
tions at the non-Jewish holidays
is carried over in the Shulhan
Arukh.:-Yore Deah 147; but it is
principle in
a well established
Jewish law that these laws refer
to actual idol worshipers; that
Christians and Mohammedans are
not deemed to be idolators in Jew-
ish law, and therefore there is no
objection to associating with them
on Christian and Moslem holidays
(see Yore Deah 147:12, especially
the long note by Isserles). Further.
more. it has long become an 'un-
objectionable custom to give gifts
to Christians on their holidays.
The great 15th Century author-
ity. Israel Isserlein (Terumas Ha-
deshem 195) discusses the prop-
riety of giving gifts on New Year's
Day, which of course was a reli-
gious holiday (as he himself men-
tions) namely, the Christian Feast
of Circumcision, eight days after

Christmas.
Since the motivation of comrade.

ship is traditionally praiseworthy
and since there is no objection
to associating with Gentiles on
the days of their religious festivals,
the question now arises: What
sort of activity is most suitable
for this expression of good will?
The Talmud lists certain types
of what we would call social ser-
vice today, which it is our duty
was informed about the problem we had raised, and he sub - to do for non - Jews. This is dis-
Dr. Freehof had been away, but he
are greatly : cussed in the Talmud, Gittin 61a;
milted to Dr. Richard C. Hertz a specially prepared Responsum on the subject. All of us
• namely, we sustain the poor of
indebted to Rabbi Freehof for the trouble he had taken to delve into this subject because it frequently
and
other
needs
in
the
communities
in
which
we live . Gentiles, comfort their mourners,
-

This is not a sociological problem, neither
is it political or ecumenical. Rather, it calls for
a Responsum. Dr. Solomon B. Freehof spe-
cializes in Reform Responsa. Perhaps he'll
consent to handle the question: is the good
deed of substituting labor for Christians sacred
and justified when it simultaneously calls for
the desecration of one's own Sabbath?

affects other Jewish attitude: and responses to civic
Under the heading "Substitutions for Christians on Christmas. Etc.." Dr. Freehof has submitted

the following Responsum:

QUEST ION

The Men's Club of Temple Beth
FJ, Detroit. suhstituted for Chris-
tian volunteer hospital aides on
Christmas last year (1971), That
year Christmas fell on the Sabbath
and questions arose in the Detroit
community as to is hether it was
proper for a Jewish congregation
thus openly and also with news-
paper publicity to violate the Salo
, bath. Since ther, other men's
are planning to volunteer for
such duties on Christmas This
has raised the wider question
first. as mentioned about the Sab-
bath and secondly. about the value
or propriety of this sort of sub-
stitute volunteerin, g (From Rabbi
Richard Hertz, Detroit. Nhchigan

ANSWER -
There are one or two general
statement'. which - must be made
before going into the detailed laws
involved in this matter First of
all, the propriety of violating the
Sabbath It is of course .obvious
that mmt modern individuals, not
only the Helium congregations but
in 'others. do not. in their personal
life, follow ,sith any degree of
strictness the laws of working.
traveling, opening letters. etc . on
the Sabbath. • Nevertheless. there
is a difference between what is
done*privately and what is done
publicly.. This difference has long
been recognized in Jewish tar'.
The building of a house by con-
tract (Kablomis may go on any

day of the week including the Sab-
bath, for the Gentile contractor

works, not by day-by-day orders
from the Jewish owner, but by
his own orders. But while such
Sabbath work would he permitted,
let us say, outside of the city, in
the city where everybody sees the
work ening on, it is prohibited ( see
Orah Hayyim 244)_

The Responsa committee of the
Conference (Central Conference of
American Rabbis) receives many
inquiries about the propriety of the
Sabbath observance in our syna-
May we permit a caterer
gogues
prepyrin_: for a Bar Mitzva meal,
to prepare the meal on the Sab-
bath" May the congregation have
its business meeting on Friday
night" May the gift corner (Juda-
Ica shot» be open for business on
Friday night, etc etc.? So what-
ever the personal observance of
individuals may be. there is con-
siderable sensitiveness as to pub-
lic violation of the Sabbath by the
congregation itself. The -question,
therefore; is whether such activ-
ities as substituting on ,Christmas
for hospital work, etc.. would jus-
tify- the various public violations
of the .Sabbath that might he in-
volved in transportation, copying
of records, etc

First of all, it must be recorded
that the motivation which led this
men's club and leads other men's
clubs to such help to Christians
is a well-established and honored
motivation since ancient times,
There is both the negative motive

to avoid ill-will (M'shum Eyveh)

and the positive one to increase

bury their dead as we do with
fellow-Israelites;' and in the Pal-

By Philip
Slomovitz

estinian Talmud (J. Gittin 47c)
there is added that in cities" where
Jews and Gentiles live together
there is even joint collection and
expenditure of funds, i.e., a sort
of Community Chest. And all this
social service referred even to
idolators from whom in those an-
cient days Israelites were expected
to keep away. Then how much
more is it our duty to perform
these social services for Chris-
tians who are not idolators at all
and with wham we associate free-
ly.
Now what should be the final
question is: Which of these praise-
worthy acts of social service and
comradeship may be done on the
Sabbath whenever. as occurred
in 1971, Christmas falls on the
Sabbath? First of all, any seriously
sick person may be helped on the
Sabbath and, in fact, it is consid-
ered a sin to hesitate and inquire
whether to violate the Sabbath or
not (see especially Orah Hayyim
328). It may be properly consid-
ered that sick people in the hos-
pital are under the class of "seri-
ously sick," and it is a duty to
help them on the Sabbath. It is
not only for the seriously sick that
the Sabbath may be violated. The
violation of the Sabbath is like-
wise permitted in order to rescue
anybody from danger (see Orah
tlayyim 329 and 330). Since sav-
ing people from danger permits
the violation of the Sabbath, we
can properly include our substitut-
ing not only for hospital workers,
but also for firemen and police-
men on these days, .even if the
days occur on the Sabbath.

However, it would not be prop-
er (even though still comradely)
to substitute in violation of the
Sabbath for salesmen, postal
clerks, etc. There is no objection
and, indeed, it is comradely and
in accordance with the spirit of
Jewish tradition to substitute for
any workers on their holidays,
provided Sabbath violation by a
congregation is not involved. But
in those years in which Christmas
comes on the Sabbath, it would
be in consonance with Jewish
tradition and the sentiment of the
general Jewish community if these
voluntary, comradely acts were
confined to hospitals and to the
institutions of public safety.

In his latest hook, "Modern Reform RespOnsa," which was reviewed in The Jewish News Jan. 28.
1972, Rabbi Freehof touched upon many halakhic problems. In his inttoductory essay to his new volume
he pointed to new treks pursued by Reform Judaism and challenged Orthodoxy on several scores. He
touched upon several emerging conflicts that are worth looking into. His criticisms lead again to the
basic question why there can not be a Sanhedrin of rabbis of all theological beliefs—Orthodox, Conserva-
tive, Reform--as well as of secularists who might through a sanhedrin be drawn more closely into

Jewish religious ranks.
There is a portion of his introduction that touches upon many of the conflicting conditions and the
following, from that introduction, is worth sharing with our readers:

"Hasidism, which itself was once

protestant against the Orthodox! ,

of its time, has today become

the palladium of strict Orthodoxy.
When the new groups of Hasidim
escaping from Europe came to
the United States. they considered
that the Agudat Harabanim, the
historic organization of Orthodox
American rabbis ( most of whom
were European-born) was,pot good
enough for them, and they founded
new rabbinical organizations. The
reason they gave for the need of
a new organization was that they,
the Hasidim. neYer made the slight-
est concession to modernity and
that is their unique virtue. A
similar tightening of Orthodoxy in
reaction to relaxed modern ten-
dencies is reported of one .of the
yeshivot in Israel (Rene Brak)
in which the teachers and the stu-
dents at the yeshiva are praised
for the following: Instead of look-
ing for easements of the law
(kulot) because of modern needs,

deemed all the more praiseworthy._
If it necessitates isol,ation. even
removing from the big cities to
separate new villages, that will
he done. Clearly there will now
develop in*the Western world an
intensified,- isolated, strict Ortho-
doxy under the leadership of the
hasidic courts to serve as fortres-
ses against the influence of laxity
of Westerh Orthodox life.
"Thus, the extremism which took
place in reaction to the Reform
movement over a century ago Pis
now' recurring in our day. Yet, just
as Reform Judaism has outlasted
the attacks of the extreme Orth-
doxy of its day, so undoubtedly
the modern Orthodoxy will likewise
be able to establish itself. This
modern Western form of Orth-
duxy has a special virtue: Actual-
ly it is a somewhat more mod-
ern response to the call of mod-
ernity than was the response of
Reform a century and a half ago.

they search the law: for the strict-
est opinion (humrot) and the joy
of observing them.

Modernity itself has a different
mood tcday than it had at the be-
ginning of
the 19th Century,
so the response is different. The
prevailing mood in those days was

"If this intensified strictness is
difficult in modern life, it is

2—Friday, April 7, 1972

philosophy, logic and reason. The
prevailing mood today is psychol-
ogy, folk-feeling and emotion. The
builders of Reform were greatly
concerned that Judaism become
rational and logical, and they con-
sidered many an old piety, to be

mere obscurantism. Those who
will build a modern Western Or-
thodoxy know that certain emo-
tional pieties have a precious
that folk-feeling can be
value;
a source of social strength; and
that some ceremonies, even if
they cannot be logically defended.
may have a constructive emotion-
al value. So it would he an ir-
relevance to charge modern Or-
Its
thodoxy with lack of logic.

strength is that it responds to the
feelings of millions of modern
Jew's.
"To denounce this modern Or-
thodoxy is futile, and to undervalue
it is superficial. It may not even
consider itself to be a separate

trend in Judaism, but it really is.

The changes in ceremonial prac-
tice are too similar all over the
-modern world to be dismissed as
(Continued on Page 52),

THE DETROIT JEWISH NEWS

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