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Berdina Shorten: Her long and circuitous journey to returning to her Jewish roots

Left: Infant Berdina with family in
Netherlands, 1943: father Theo,
mother Anna, & brother Corey
Right: Berdina with her late
husband, Ken Shorten

By BERNIE BELLAN Berdina Shorten has lived in Winnipeg since coming here with her family from the Netherlands in 1953. Although Berdina was Jewish by ancestry (going back to her great-grandmother), she hadn’t been raised Jewish. It was only several years after having come to Canada – and having got married, that Berdina – and her late husband, Ken Shorten, both converted to Judaism.

 

Typically, the stories we publish in this paper about people’s wartime experiences have to do with the Holocaust. Those stories are all certainly horrendous – and almost always riveting, but when I happened to be talking to Berdina about a totally unrelated subject (the renewal of her subscription) and the conversation got around to her wartime experiences, I said to her that I wanted to write about her story.
I should also mention that I had heard Berdina speak at the Shaarey Zedek several years ago, but at that time I didn’t take any notes. (I can’t recall exactly why I was there or how I happened to be in the room when Berdina told her story, but I remember thinking that this would make a great story for the paper some day.)
In any event, here’s a recounting of the first part of Berdina’s story, based on a phone interview that I conducted with her on February .
First, a little history is needed, in order to understand the context for what happened to Berdina and her family.
The German army had invaded Poland in September 1939. After consolidating its gains there, Germany turned its attention to Western Europe in April 1940, first by invading Norway and Denmark, then launching an attack through Belgium into that country, also the Netherlands and Luxembourg (despite those three countries having adopted positions of neutrality).
The German invasion of The Netherlands began on May 10, 1943.

That is where Berdina’s story picks up. But first, a little background on her family history.
Berdina’s father, Theodore (or Theo, as he was known) was a master leather cutter. His “family was Protestant, but his mother was Catholic, so he was raised Catholic,” she said.
As Berdina explained, “his family had come from France in 1610. He used to say the reason his family didn’t go to the New World was ‘no pretty cruise directors, no first class cabins, no air conditioning.’ The real reason was they were Huguenots and they weren’t allowed to go to the New World – unless they went to England and went with the Protestants,” e.g., the Pilgrims on the Mayflower.)
Berdina’s mother (Anna), however, “was born Jewish” but, as Berdina noted, “the family never practiced Judaism. What happened was her mother was born Jewish to a Dutch girl and a German Rhine skipper. Her father died when she was four years old, so her mother went back to Holland, but her family wouldn’t accept her back because she had married someone who was not Jewish. She raised her child (Berdina’s grandmother) with the help of local charities and working in a grocery store.
“When she met my great-grandfather, he was more Catholic than the Pope, so she never practiced her religion and she raised her children as Catholic – but they were actually Jewish – by Jewish law.
“It wasn’t until I was 12 – and I had been sent to Catholic school. I was always challenging the nuns. I wanted to check out Judaism, but I wasn’t allowed.
I asked Berdina whether “she had an awareness that she was Jewish?”
She said she did. “I always knew. My mother knew also, but they hid it.”
I asked then how she knew about her Jewish heritage?
She answered: “My relatives. I heard conversations when I was a child.”
While, Her mother “didn’t practice any religion, her “father did. He’d go to Mass once in a while,” Berdina noted.
When the Germans invaded the Netherlands, Berdina’s father was in the Dutch army, fighting on the “Grebenberg (or the Grebbe line, the main line of Dutch defence)– where they held the Germans back for many days.” (Actually, it wasn’t many days at all – only three. The Dutch were badly equipped and totally outmaneuvered by the Germans.)
Berdina continued her story: “My father was a fantastic shot…But the Queen (Wilhelmina) capitulated. They were bombing the hell out of Rotterdam (May 14, 1940).” The Netherlands surrendered the next day.

Berdina’s father was taken prisoner and sent to work as a forced labourer (in Germany): “So my father was taken and put into a factory. He was a master leather cutter – making shoes.”
Berdina’s family lived very close to the German border with the Netherlands. Thus, even though Theo was forced to work in Germany, it was only a three-hour walk for him to return to his hometown – and his family. It seems somewhat strange to think of someone who’s kept as a forced labourer – which Berdina described as “slave labour”, yet who was allowed to return home on weekends, as she explained:
He was allowed to go home (where mother lived) once a week, Berdina said. “He was given one egg a week, so he would take that egg with him, so my brother (Corey, who was born four years before Berdina) would be able to have at least a little bit of protein in his diet.”
All the while Theodore though, was part of the Dutch underground– meeting with other members of the underground surreptitiously while he was in forced labour for the Germans.
Berdina told this story about one harrowing brush with danger her father had while he was in the resistance: “A story he told was that he was going to a meeting (of the underground) with a friend. They were caught by a young German soldier and the soldier” pointed his rifle at them and “told them to put their hands up. Somehow my father was able to overtake this young soldier.
“His friend said ‘We have to run.’ My father said, ‘No, we can’t. If we run and they find him (the soldier), they’ll kill ten people on this street.“ (That was the retribution the Germans typically exacted, Berdina explained.)
“So my father was able to get a hold of some liquor, put it over the kid’s mouth, then took his guns and papers to the nearest police station, which was controlled by the Germans, and said: ‘One of your soldiers was drunk and we took his guns and papers before he hurt someone.’
“My father was given a pass to go anywhere he wanted that night.”
I asked Berdina if she knew when it was that her father fled the factory for good and ended up going totally “underground” with the Dutch Resistance, but she said she didn’t know exactly when that happened.
When the Canadian army reached Holland in September 1944, anyone who had been in the Dutch army was able to join the Canadian army, Berdina explained, so her father ended up joining the Canadian army.
“When the Dutch army reorganized, he went back to the Dutch army.”
Her father was uncomfortable talking about what he did during the war, Berdina noted, but according to her brother, Theo had once told him that he “had killed at least one German that he knew of (a sniper) and probably more, but he wasn’t sure.”

I asked Berdina whether there were any other memories from the war that she wanted to talk about.
She said there was a young girl – only 14, in her town, “who was the first girl (in Berdina’s home town) to get pregnant by a German soldier.”(That soldier died in a plane crash coming back from North Africa, Berdina added.) “She was also the first girl to get pregnant by a Canadian soldier.
“After the war the people in that community were going to get her and shave her head and send her packing.
“My mother said to my father: ‘That little girl is still only 15 years old. She’s still walking around in Bobby socks and skipping with a skipping rope. Theo (Berdina’s father), could you please do something to stop those people from hurting her?’
“My father went out on to the street and he saw about 50 people coming for the girl. He stopped them.”

In 1953, Berdina, along with her parents and three brothers (two of whom were born after the end of the Second World War), came to Canada.
“My father started to work as leather cutter in the Canada West shoe factory,” Berdina explained.
“Maitland Steinkopf hired him. Eventually my father started to work in St. Boniface Hospital; he’d had a year’s medical training in Edinborough after the war – so he started to work in the hospital, in the x-ray department.
“He worked four hours a night doing piece work for Maitland. He made more money doing that than he did in the hospital.”
I was curious to know more about Maitland Steinkopf and his connection to the shoe business. I knew that Steinkopf was a very successful businessman who also played a leading role in the development of the Centennial Concert Hall, as well as being a prominent Conservative politician and cabinet minister, but other than that I didn’t know much about him.
Berdina said to me that Steinkopf’s success in the shoe manufacturing business was a result of his decision to go to Minneapolis at one point and come back with the Canadian rights to a line of shoes called “Hush Puppies”. That reminded me of another famous decision made by a local Jewish businessman – Samuel Cohen, who decided to begin importing transistor radios made by a company called Sony.

Turning to Berdina’s decision to become Jewish, here is how she explained how that came about:
“My late husband, Ken Shorten (whom I incorrectly referred to as Frank in my previous article), came from an Irish family – that originally came to Canada in 1690, and they farmed in the McCreary area.
“He worked in Eatons – and I worked in Eatons as well. That’s where I met him and we got married.
“Well, he was Protestant and I had been raised in a Catholic environment. We decided that we weren’t going to let the difference in our faiths have a negative effect on us, so we just stuck to ourselves when it came to the religious part.
“But that didn’t work for me and it didn’t work for him and I always knew about my Jewish heritage, so I said to him one day: ‘You know, I’d like to learn more about Judaism; it’s part of my heritage.’ And he said: ‘Me, too.’
“He had some very good Jewish friends at the time (who were all in the NDP). One of them was Cy Gonick, another was Harry Shafransky. He got to know quite a few Jewish politicians. He liked their ethics, liked their values, and so we started to look into Judaism.
“We went to see Rabbi Nesis and (the late) Rabbi Berkal, and we studied with them for two years, and then made the conversion.”
Interestingly, Berdina said that she also spoke with (the late) Rabbi Weizman, who told her that “You can’t convert – you’re already Jewish”.
“But, I said to him, ‘It’s my decision. It’s my journey. I want to do the process.’
“We had two children that we had adopted before we decided to convert – and we brought them in with us.”

I asked when this all happened?
Berdina said the conversion process went from 1973-75.
“We were officially converted in May of ’75,” she said, “and then we were married in the rabbi’s office again.”
“I sang in the Shaarey Zedek choir for 36 years,” Berdina added, “and my son, Theodore, sang in the choir for 20 years…and both kids had their bar and bat mitzvah together.”
“It was the best decision I ever made in my life,” Berdina observed. “It completed me as a human being. I finally fit – because I used to question those nuns. I must have been a real pain in the tuch.”
I asked, “Do you have relatives remaining in Holland?”
Berdina answered: “Yes, I have many.”
I asked, “Are any of them Jewish?”
She answered, “I have one cousin who recognizes himself as Jewish – and that’s it.”
I said to Berdina that what she had told me about her Jewish ancestry and her family’s subsequent conversion to Christianity, it jives with what I had read about how commonplace it was for Jews to have become Christians. I said that I recalled hearing from the late Rabbi Rappaport that only about one-quarter of all Jews in Europe remained Jewish through the years. The rest either converted willingly or by force.
During the course of our conversation, Berdina told me many more stories about her wartime experiences in the Netherlands, all of which were fascinating. Since she was only two years old by war’s end, naturally the stories she tells are one that have been recounted to her by others, but they are all worth retelling.
One that stood out for me in particular was about a Jewish doctor who was kept hidden by his Dutch housekeeper, unbeknownst to anyone else in the town. According to Berdina, when German soldiers came to the house looking for the doctor in 1940, the housekeeper said to them: “I kicked him out long ago when I knew you would be coming. He was miserable to work for and he never paid me enough.”
All through the war that housekeeper was ostracized by her fellow townspeople, as the doctor was universally loved. As Berdina told it, when the town was liberated by Canadian soldiers in 1944, the doctor emerged from the basement – where he had been kept hidden the entire period of occupation by the housekeeper.
Berdina is a great storyteller and when I asked her whether she’d be willing to tell her story to other audiences – as I had heard her do several years ago at the Shaarey Zedek, she readily agreed. If a day comes when Berdina will be able to tell her story to a new audience, I’ll be sure to post something in this paper.

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Do we treat our Arabs better or worse than the Tsars treated us?

Jewish farmer in Pale of Settlement 1800s/Arab farmers on the West Bank

By MARTY GREEN I know many Jews will be outraged at the very notion of comparing the two. “The pogroms!”, I hear you cry. “The Naqba!”, the Arabs might just as well respond. We all have our own simplified narratives regarding the rights and wrongs of the past; but just as the true story of Arab life in Israel is much more complicated than the Naqba, so the story of Jewish life is Russia was, for better and for worse, much more nuanced than the mere fact of the pogroms.

There are some obvious parallels between our respective stories. We came to be the authority over several million Arabs as an unwelcome by-product of our great victory in 1967. Similarly, Russia inherited some half million Jewish subjects over the course of the three partitions of Poland (1772-1795). We were hardly more welcome to the Tsars than the Arabs were to us. We sometimes mock the “genocide” allegations by pointing out how 1.2 million Palestinian Arabs in 1945 now claim to number over 14 million. But we were no pikers by comparison: in the course of the 19th century, our numbers in Russia grew anywhere from ten- to twenty-fold.

We remember how the Russian government quickly instituted the Pale of Settlement, restricting our mobility. Can the Arabs under Israeli rule not complain of similar or worse restrictions? It is true that we have obvious security concerns regarding the mobility of a hostile population. The checkpoint system has almost certainly saved lives. But by the same token, can we be sure that the Russians had no valid reason to worry about the loyalty of their Jewish subjects?

There can be little doubt that in the First World War, many Jews hoped that the German invaders would liberate them from their Russian oppressors. And even before the German invasion, as a large minority group speaking their own language and having close connections with their co-religionists in foreign not-always-friendly countries, surely the Russians had as good reason to be concerned with our loyalty as we have with regard to our Arabs?

(Incidentally, it is said that the Jews of 1812 might have whole-heartedly thrown in their lot with the invading Grand Armee, if not for the unlucky resemblance of the French Emperor’s name with the Yiddish word mapole (meaning “defeat”). But that is a tale for an alternate version of history.)

Finally, we remember well how Jews in Russia were not allowed to own land; the truth is, we mis-remember that “fact” because we did indeed own land, and when challenged our title was upheld in the Russian courts. Similarly, in the Occupied Territories the validity of Arab land titles under Ottoman Law are rigorously protected by the Israeli courts. Nevertheless, some residents of the Jordan Valley may argue that it is less than “rigorously” enforced on the actual ground.

Which brings us to the subject at hand. Because back in Old Russia, in der alter heim, disputes between us and our Gentile neighbors over land ownership and usage were an ongoing feature of life for centuries. For a somewhat poetic description of the nature of these conflicts, I turn to the words of memoirist Falek Zolf (1898-1962), who recalls this about his youth in the shtetl of Zastavia, a village of several hundred on the outskirts of Kamenetz-Litovsk. To preserve a bit of the flavor of the original, I have transcribed Zolf’s narrative here in a mix of English and Yiddish.

“The village led a poor, quiet life. We lived from what God gave us; this one from a manual trade, this one from farming, another from buying and selling, and so forth. A few dozen families pulled in a meager livelihood from working in Asher Guterman’s brewery, which was known throughout the region for its beer. Outside of that, almost everyone had his own garden and his own cow – most likely one which he had raised himself from a calf. You could always rent a small patch from one of the landowners who lived in the Gentile quarter; the vegetables and produce could be sold in the neighboring towns and villages: in Brisk, Kobrin, Orleh, Bialovezh, etc.

“Quiet and peaceful was the flow of life in the stäedtele. It was truly mit’n schwéiss vun sein ponim (by the sweat of his brow) that each one earned his own piece of bread, along with the vegetables which the good Mother Earth provided to everyone in full measure.”

Of course we all know that Jewish life in Russia was not quite so idyllic as Zolf makes it out to be in the preceding passage. Let us see what comes next:

“The stäedtele of Zastavia was at one time, according to the stories of the old men, entirely a Jewish peasant-village. The whole surrounding area with its fields, gardens, and hills had once belonged to Jews, who were originally men of the soil. But little by little, for a number of reasons, the Yiddische erd had passed over into Gentile hands. If a Jewish peasant needed to make a shidukh for his daughter, he might be driven to sell a strip of farmland to a Gentile; and with the money, he could put on a proper khasseneh with all the sheva brokhos. If his son didn’t want to go serve the Russian Tsar and had to run off azh ken Amerikeh, the Jew would once again cut off a piece of land and sell it to a neighboring Goy (to pay the 300-rouble penalty). If his grown children went off to seek happiness somewhere in the far-away, and the elderly parents simply didn’t have the koyakhto go out and push the plow, then the last stückel feld would be sold to the local meshtchan, and with the money they could enjoy the few years remaining to them. And so with time, the Yiddische erdfell largely into Goyische händt.

“In the end, all that remained to us was a large vihon, a communal grazing-field, which according to legend had once belonged to a rich Jewish landowner, who had donated it to the stäedtel. In the end, the Yiddische beheymos had actually been forced to share this pasture with Goyische khazerim. It was painful for us to have to watch those khazerim turning our Jewish vihon into a pigsty, but there was little choice; one was, after all, living in golus.”

Perhaps we should pause here to consider that while the Jews seem to have sold much of their land to the Russians due to economic pressure, there are nowadays, for obvious reasons, only the rarest cases of Arabs selling their lands to Jews. Furthermore, I am not aware of any situations where the Bedouins of the Jordan Valley willingly share their grazing land with the Jews of the hilltop outposts. Whether these differences are to our credit or theirs is not for me to say here.

In any case, we will see further that it was not only economic or social pressures which came into play:

“Unfortunately, the more the Goyischer Gass (the Gentile Quarter) grew at the expense of the Yiddischer Gass, the more brash and the more khutzpah-digker they became. They started to look for any pretext or opportunity to snatch away this last remaining piece of Jewish grazing land, so that not a single Yiddische beheymah should have a place to roam. They would sometimes show up armed with sticks, hoes, and pitchforks, ready to start a milkhomah….”

Sound familiar?

“….but on such occasions, the ZastavierYidden, who were in those days no pushovers, would quickly arm themselves with the implements of ha-yadayim y’dei Eysav and go forth to meet the Gentile foe. Blood would flow from both sides. For the Jews, it was a matter of kidush ha-shem, a case of milkheymes mitzvah, to uphold their Yiddischen koved and also to save and protect the Yiddische beheymah-lach from Goyische händt…”

And of course, in such situations, the Russians would call in local gendarmeria or even the dreaded Cossacks, and the Jews would be quickly dispersed, arrested, or even beaten.

Or were they….?

Perhaps not. Let us see how Zolf describes it:

“Fortunately, these little milkhomos would not last for long. The storm would quickly die down, and the stäedtel would soon go back to its normal, peaceful life, as though nothing had happened.”

And with those words does Zolf conclude his fond reminiscences of his childhood years. But of course that is not the end of the story.

We all know the devastation brought by the Second World War. But in the wake of the Holocaust, we are liable to forget the enormous impact of the First World War on the Jewish world. The collapse of empires was followed by the emergence of new, ideologically-driven regimes which. It is hard to say whether Communist Russia or nationalist Poland was more hostile to the Jews. In any case, Zolf’s village found itself on the Polish side of the border. And the Jewish way of life quickly became economically untenable.

Among the first the measures adopted under the Polish national slogan of “swój do swego“…that the Gentile should only patronize “his own people”….was the establishment of Christian cooperatives, so that the Polish peasants would not see their hard-earned money fall into the hands of Jewish intermediaries. Then there was the nationalization of entire industries like wine, alcohol and tobacco…again, with the purpose not so much of the betterment of the working class as the impoverishment of the Jewish merchant class. Then the strict enforcement of the Sunday laws, so that the observant Jewish shop-keeper would have to close down for two days of the week. Finally, the imposition of a host of new taxes, of which Zolf reels off the names: gruntovi, dokhodovi, handelyovi, obratov… (ed. Note: would be nice to get the correct Polish spellins of these)

The bailiff’s wagon, which quickly made it’s appearance in one Jewish community after another to haul away confiscated goods in lieu of unpaid taxes, was given the nickname “Grabsky’s Aguleh (hearse)”, after the infamous finance minister Grabsky, a notorious anti-semite. And in Warsaw, it was said to have been followed all to often by another kind of aguleh, this one from the khesed shel emes, to collect the bodies of bankrupt Jewish merchants who had thrown themselves from a fifth-story window.

The precarious condition of the Jewish staedtel could hardly go un-noticed by the local peasantry, and before long they had renewed their ambition to take over the last remaining grazing-field, the communal vihon, and make it once and for all Juden-rein. In Old Russia, the Jews had been ready to defend themselves with clubs and pitchforks; and interestingly enough, Zolf records that they had even sought and obtained recourse from the Russian courts:

“Back then the städtel had engaged the services of berühmte advokaten (famous lawyers) who fought the case azh in der gubernieh un in Petersburg. The protzess dragged on for years, until the Jews were able to secure once and for all séier recht zu mägen paschen séiere beheymos auf’n kehill’schen vihon, inéinem mit die Goyische khazerim.

Yes, there was now and then justice available to the Jews from the Russian courts. We sometimes forget that Mendel Beyliss was aquitted by an all-Christian jury. In this regard, it is noteworthy that the Arab villagers in the Jordan Valley have also been able to obtain favorable judgments from the Israeli courts on occasion.

But in post-war Poland, things were not the same. The villagers knew that in the course of the war and the fires that had destroyed Zolf’s shtetl, the Jews had lost the papers which gave them the right to to an equal share of the communal lands. In addition, the shtetl had been seriously weakened by the war, the Spanish Flu, and emigration to America. The end was in sight to one and all.

And so one bright summer morning, the Catholic and Orthodox peasants (who otherwise had little affection for one another) herded their flocks into the communal vihon. Zolf describes what happened next. One doesn’t need to understand word for word to get the general picture. Sadly, the same story seems to be repeating itself today in the Jordan Valley: only the roles have been changed:

“Their field-hands let loose the dogs auf die Yiddische beheymos, and drove them weit in a sumpign winkel. The Jewish cattle had to spend the rest of that day versunken in der tiefer blotte, searching in vain for a green stalk mit wâs zu stillen séier hunger, un nischt gekönnt gefinnen. Late that afternoon, they were led home, tired, hungry, and covered with mud. Locked away in their barns, they gnawed at the walls. Séiere hungerige geschreien hâben sich weit getrâgen über’n stäedtel.

“And in the pitiful cries of their hungry animals, hâben die Yidden gehört a min trauerign shoyphar-blâsen, which announced the end, not only for their teuere, liebe beheymellach, from whom they had derived at least a stückel khayunah…but also the end vun séier alt-eingesessene Yiddischen stäedtel.”

Falik Zolf left Poland in 1926 and became a Yiddish teacher in Winnipeg’s I.L. Peretz Folks-Schule. He published his memoir in 1948 under the title “Auf Fremder Erd” (On Foreign Soil).

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Features

Embracing your femininity in Cheshvan

By ELENA KNIGHT Rosh Chodesh Sameach! Though last month’s article (Embracing your femininity in Tishrei) had far more holidays, thus more material, the month of Cheshvan is not as empty as it appears. It may contain no holidays or mitzvot specific to the month, but I take issue with the idea that Cheshvan is “bitter”.
Some people refer to this month as MarCheshvan, Mar meaning bitter, but Mar can also refer to a drop of water; this month is the beginning of Israel’s rainy season! We began praying for rain with Shemini Atzeret last month, so by this time, G-d has usually heard Am Yisrael and started sending rain to the Holy Land. To connect this to womanhood, let’s revisit last month’s article, where I explained the connection of water to femininity.
In Tishrei, I spoke of the divine feminine, and how rain is associated with the womb of creation, fertility, and gentle, life-renewing power. In Cheshvan, however, I’d like to focus more on feminist reclamation of water metaphors; in Margaret Atwood’s The Penelopiad , for example, when trying to protect herself from unwanted suitors, Penelope recalls her mother’s advice: “Behave like water… Don’t try to oppose them. When they try to grasp you, slip through their fingers. Flow around them.” We can take this literary advice and put it into practice in our lives this month. When in a position where we feel powerless, and in spaces where female assertion is unwelcome, we could do well to be like water. Nobody can hold water in the palms of their hands without losing control of it. Water is not easy to contain. Nor are we women.
Taking Mar of MarCheshvan to mean a drop of water, rather than bitterness, can be interpreted now as a call to action. This month can be the time when we refuse to be controlled, much like the prophetess Miriam. In Torah, Miriam’s connection with water is clear; in Exodus 15, she takes the Israelite women out from the community to sing a song of deliverance through the Red Sea. She is with her brother, our teacher, Moses, when he is sent down the Nile in a reed basket, and she is the one who ensures he is cared for at the Pharaoh’s palace in Exodus 4. In many Pesach seders, a cup of water is set out for Miriam, like the wine for Elijah, because she ensured that the Israelites had water while travelling through the wilderness during the Exodus journey.
Miriam is, clearly, a passionate leader, creating a specific space for Israelite women when they are so often overlooked in Torah stories. By establishing her place as a role model for the Israelites leading up to their freedom from Egypt, the Torah makes it clear that G-d accepts female leadership. This month, let us take a page from Miriam’s book, and lead when we are called to do so. Like I suggested in my last article, mentoring a young girl in your community may be the perfect way to lead.
Cheshvan is also said to be reserved for the time of Moshiach. To prepare for the Moshiach’s arrival, we can act in ways that will bring about Israel’s reformation, both in the land itself and in the diaspora. By supporting charities both in our home communities and in Israel, by acting with chesed, loving-kindness, even when we don’t really feel like it, and by studying–whether that be studying Torah, feminist theory, or any other subject that will improve the world–with fervent passion. By working on tikkun olam, repairing the world, as we have it now, we can bring about a better world for future generations. What better way to remove the bitter reputation of Cheshvan?

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CFTC Crypto Regulation Plans Put XRP and Solana in Focus as CLARITY Act Stalls

moon.com

US crypto regulation is back in focus after the Commodity Futures Trading Commission opened a public consultation on October 5 on a potential framework for certain retail crypto transactions. With the CLARITY Act stalled in the Senate, the initiative raises questions about what the agency can achieve under existing law and why its plans matter for XRP and Solana.

For XRP and Solana, the development is particularly notable because US regulators have already identified both assets as examples of digital commodities. The emerging question is therefore not simply what happens to the CLARITY Act, but how far the CFTC can reshape the regulatory environment while the legislation remains stalled.

XRP and Solana price movements in focus

The XRP price and Solana price provide useful context for assessing market movements; comparing both assets over the same period helps distinguish their individual performance from broader changes across crypto markets.

XRP price movements and Solana price movements need to be assessed over a clearly defined period. An intraday range describes the distance between the session’s highest and lowest recorded prices; it does not establish which direction an asset will move next. A daily percentage change provides a different measure, comparing the latest price with a reference point.

Crypto market volatility can reflect changes in liquidity, interest rate expectations, network developments and broader risk appetite. The CFTC consultation adds regulatory context, but the announcement alone does not establish the cause of a particular price movement.

Why crypto regulation is shifting towards the CFTC

The Senate did not reach the 60-vote threshold required to advance the CLARITY Act in September. The result prevented the broader market-structure bill from moving ahead at that stage, but it did not end the push for clearer federal crypto rules.

The CFTC has now begun exploring another route. In its notice covering Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets, the agency is seeking public input on a framework for certain retail crypto transactions and the platforms offering them.

The distinction matters. The CLARITY Act would have established a statutory framework passed by Congress. The CFTC initiative instead relies on powers the agency says it already has under the Commodity Exchange Act.

That means agency action can proceed while the legislation remains unresolved, although it cannot replicate every part of the congressional proposal.

What the proposed CFTC crypto rules could cover

The process centres on two concepts known as Regulation CTX and Regulation CAM. Regulation CTX concerns retail commodity transactions involving crypto assets, including transactions financed through margin, leverage or other forms of credit.

Regulation CAM would examine a specialised category of CFTC-registered market designed for those transactions. The aim is to create a federal regulatory option with requirements more closely tailored to crypto markets.

The framework could address areas such as market manipulation, customer assets, conflicts of interest and market conduct. The agency is also considering what information platforms should provide and how existing market safeguards can be adapted to crypto.

There is an important limit. The CFTC cannot require all spot crypto exchanges to enter that federal regime without action from Congress. Its chairman has described the proposal as an option for firms rather than a nationwide mandate.

That difference helps explain why the CLARITY Act still matters even as regulators move independently.

Why XRP and Solana matter in the regulatory debate

The CFTC consultation brings renewed attention to how the existing federal crypto asset taxonomy relates to XRP and Solana.

In his October 5 remarks, CFTC Chairman Michael Selig pointed to the joint federal crypto asset taxonomy, which identifies Bitcoin, Ether, Solana, Stellar, Tezos and XRP among examples of digital commodities.

For XRP and Solana, that classification helps explain why a CFTC-led framework deserves attention. Both assets operate on widely used blockchain networks and have a presence across global crypto markets, so changes affecting how US platforms can offer crypto products could influence market access, liquidity and institutional participation.

It does not mean the new rules would determine their prices. Interest rates, network activity, broader risk appetite and asset-specific developments remain important. Regulation is one part of the market environment, not a standalone price signal.

How crypto wagers relate to market movements

Crypto wagers based on market movements involve a bet on a specified outcome over a defined period. The relevant details include the asset, the condition that must be met, the closing time and the price source used to determine the result. Those terms matter because an asset can move in different directions within the same day.

Short-term price direction is also the basis for crypto wagers on Moon, a crypto betting platform where outcomes are tied to market movements.

For crypto betting, the significance of volatility depends on the wager’s conditions, including whether settlement uses a closing price or an event occurring during the specified period. A rise earlier in the day does not establish the outcome of a later wager, and a regulatory announcement does not guarantee a winning bet. An unsuccessful wager can result in the loss of the amount staked.

The connection between crypto wagers and market news therefore depends on the specific outcome and timeframe. News about XRP or Solana can provide context, while the terms of each wager determine how its result is settled.

How agency action differs from the CLARITY Act

The distinction between legislation and regulation is central to what happens next.

Congress can create new statutory powers and requirements that regulators cannot establish on their own. The CLARITY Act sought to define a broader market structure, including the responsibilities of federal agencies and obligations for intermediaries operating in digital asset markets.

The CFTC is working within authority it says already exists. That allows it to address some transaction structures and market protections but leaves wider questions for lawmakers.

The agency itself has acknowledged that regulatory action cannot indefinitely replace legislation. For markets, that creates a two-track process: regulators can develop rules under current law while Congress decides whether to revisit a broader statutory framework.

That makes the latest CFTC action more than a reaction to the failed Senate vote. It is also an indication of how US crypto policy could develop if Congress remains unable to reach agreement.

What US crypto regulation could mean for Canadian markets

The proposed CFTC framework would apply in the United States, not Canada. Its potential relevance for Canadian markets comes through cross-border capital flows, global liquidity and the role US platforms and institutions play in price discovery.

Canada also has established investment products linked directly to both assets. The Toronto Stock Exchange listed several Solana ETFs in April 2025, including the 3iQ Solana Staking ETF, giving Canadian investors regulated market exposure to SOL.

XRP followed with Canadian-listed products in June 2025, including the 3iQ XRP ETF.

That means regulatory developments affecting XRP and Solana in the United States can have relevance even when Canadian rules themselves do not change. Shifts in institutional participation, exchange access or global liquidity can still be reflected in assets and funds available in Canada.

Currency remains another consideration. Crypto assets are commonly quoted globally in US dollars, while Canadian investors may measure performance in Canadian dollars. Exchange-rate movements can therefore strengthen or reduce the local effect of a move in the underlying asset.

What comes next for the CFTC consultation and CLARITY Act

The CFTC consultation is now underway. The agency is seeking written comments on the Regulation CTX and Regulation CAM framework before deciding how subsequent rulemaking should proceed.

Congress could also return to the CLARITY Act or another version of market-structure legislation. The Senate result stopped the bill from advancing at that point, rather than resolving the broader regulatory debate.

For XRP and Solana, the most important signal is therefore no longer a single Senate vote. Attention has moved to whether the CFTC can turn its proposals into workable federal rules, how crypto platforms respond and whether lawmakers eventually establish a broader framework.

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