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A law professor worries Israel could become the next Hungary

(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.

While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.

Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”

Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities

To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”

We spoke on Friday. Our conversation has been edited for length and clarity.

Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.

Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.

A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?

Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time. 

Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)

You mean “accountability” in the sense that courts should be accountable to the public. 

Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.

And accountability in that case is too much of a good thing.

Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities. 

What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?

They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law. 

By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.

If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.

Can you give me a couple of examples? What are the high stakes in terms of democratic governance?

First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings. 

Including the prime minister, Benjamin Netanyahu.

Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.

Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.

Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.  

You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?

The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.

Certainly not if you are Israel.

Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.

In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest. 

Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.  

Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)

What does a constitutional crisis look like? 

Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?

When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?

It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.

But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.

How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?

This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries. 

How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?  

That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition. 

The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.


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Herzl’s grandparents reburied on Mount Herzl, fulfilling Zionist leader’s final wish

(JTA) — JERUSALEM — When World Zionist Organization officials working with the Israeli Foreign Ministry opened the grave of Theodor Herzl’s grandfather on July 29 in Zemun, Serbia, they found it empty.

Shimon Leib Herzl was not buried beneath his tombstone. So they kept digging to the side of his wife Rivka’s grave and found his remains there, according to Yizhar Hess, the WZO’s acting chairman, who was present at the exhumation.

On Wednesday afternoon, with Prime Minister Benjamin Netanyahu and President Isaac Herzog in attendance, Herzl’s grandparents were reinterred on Mount Herzl.

“The long journey of the Herzl family, from foreign soil to the soil of Zion, ends here today on Mount Herzl,” Netanyahu said. “The vision has arisen and become reality. Zionism has won.”

The reburial came 77 years to the Hebrew date after Herzl himself was laid to rest on the Jerusalem hillside that bears his name. The Knesset had voted on Aug. 10, 1949, to bring his remains from Vienna in one of its first acts.

The WZO says the ceremony completes the last unfulfilled clause of Herzl’s 1903 will, which instructed that his body be transferred to the Land of Israel along with the coffins of his father, his sister Pauline and several close relatives.

“Having a chapter of his will that was not fulfilled is something that needed to be fixed,” Hess said. He credited the effort to Yaakov Hagoel, the organization’s chairman, who he said had worked on the exhumation for four years.

The transfer was ready to proceed two years ago, but it didn’t. “We could have done it after two years, actually,” Hess said. “But we could not bring them back, because the hostages were not home yet, and we felt there are more urgent things than to bring Herzl’s grandmother and grandfather to Israel. Now that the hostage affair is done, we felt it’s the right time.”

In a statement, Hagoel said the WZO was closing a historic circle and reconnecting the Herzl family’s roots to the land Herzl had devoted his life to. “When Zion brings her children home, she also brings home their forebears,” he said.

Diplomats and officials from across the Zionist institutional world filled the Mount Herzl plaza on Wednesday. Seated near the family plot were Knesset Speaker Amir Ohana, Deputy Supreme Court President Noam Sohlberg, Police Commissioner Danny Levy, the Serbian ambassador to Israel and Sheikh Muwaffaq Tarif, spiritual leader of Israel’s Druze community.

An honor guard carried the two caskets and set them on a pedestal before the crowd. The mood was both somber and defiant, and both Netanyahu and Herzog turned quickly from the burial to the ongoing war.

Herzog used his remarks to argue that the day was about inheritance rather than ceremony.

“Dreams are not bequeathed in writing,” he said. “They pass at the Shabbat table, they pass in the living room, they pass in the story a grandfather tells his grandson.”

The Jewish section of the Zemun cemetery is small. The two tombstones — Rivka’s, and one bearing her husband’s name that had not been there originally — were only 65 feet apart, Hess said. He believes it was toppled at some point and reset carelessly wherever there was room.

Shimon Leib Herzl was born in Zemun in 1805, the son of a rabbi. He served as gabbai in the Sephardic synagogue where Yehuda Alkalai was rabbi.

Decades before the First Zionist Congress in 1897, Alkalai argued that Jews could not wait for the messiah to arrive, that they would have to buy land and petition the Ottoman sultan themselves. Today he is thought of as one of the forerunners of Zionism. Whether his ideas were the impetus for his congregant’s grandson, the eventual founder of the Jewish state, has never been definitively established.

Oded Feuer, who directs the WZO’s Herzl Center at the entrance to the mount, thinks they were.

“His grandfather was in touch with Rabbi Alkalai, one of the first people to speak about Zionism in the Orthodox world back then, to make Judaism not only a religious thing, but also a national thing,” Foyer said. “And his grandfather was in his synagogue.”

Hess said Herzl mentioned his grandfather more than once in his diaries and letters. Herzl’s bris was held in Zemun.

Herzog made the same case from the podium, describing Shimon Leib as a man who was not a leader, who addressed no congresses and wrote no books the world read, but the gabbai who opened the synagogue door first and locked it last. “We know one thing,” Herzog said. “He carried those words home with him.”

The reburial is also an argument about who Herzl was.

The Herzl most people know is the assimilated Viennese journalist who found Jewish nationalism at the trial of Alfred Dreyfus, the French army general falsely convicted of treason in an antisemitic affair at the turn of the 20th century. Hess said that portrait is out of date.

“Calling Herzl an assimilated Jew is a mistake in many ways,” he said. Herzl was raised in a house where Jewish tradition was, in Hess’s words, alive and well. He was secular, but that was a way of holding the tradition, not leaving it.

He said Herzl’s bar mitzvah is proof. It was held at a synagogue in Budapest that was associated with the Hungarian Neolog movement, which permits music on Shabbat but seats men and women separately.

Hess traced the assimilation charge to the fight between haredi Orthodox Judaism and the Zionist movement in the 19th century, when calling Zionism assimilation was a way to fight it. “There is more than one political interest in calling Herzl an assimilated Jew,” he said.

Netanyahu made the argument explicitly, telling the crowd that the monument was not the point. “Our gaze turns to the foundations of the building,” he said. “Judaism as the basis of Zionism. The Torah and the entire Bible as the bedrock of identity. The chain of generations as an anchor of values and heritage.”

The Herzl family plot on Mount Herzl has been filling in for 77 years. Theodor Herzl was reinterred there in 1949. His parents and his sister Pauline were brought as well. The bodies of his two eldest children, Pauline and Hans, came from Bordeaux in 2006. The remains of his grandson Stephen Norman, who died by suicide in Washington in 1946, followed in 2007.

One member of the family is still missing. Trude, Herzl’s youngest daughter and Stephen Norman’s mother, died at Theresienstadt in 1943. Her remains were never recovered.

Hess said the circle closes anyway. “On Mount Herzl there is a plot that will now be complete,” he said.

The ceremony comes at a moment when Zionism is contested abroad and inside parts of the Jewish diaspora, a frame the WZO has embraced.

“Zionism is again being attacked from all sides,” Foyer said. “And the first answer to those attacks is within ourselves. Strengthening our Jewish identity will help us give answers, though not everyone who attacks is willing to get an answer.”

Foyer added, “You can look at the Herzl family as the story of a Jewish family in the diaspora in Europe: The old grandfather was Orthodox, somewhere in the Balkans, in Serbia. And then starts the traveling of the Jew, the wandering Jew. His kids moved to central Europe, and they maintained a connection with Judaism, but in a different way, more secular.”

Asked whether removing Jewish remains from Europe in 2026 says something about the future of Jewish life there, Foyer declined the premise.

“This is not our goal,” he said. “This is not the reason for it.” Then he added, “Maybe I’m too optimistic and too naive. I’m choosing to be.”

This article originally appeared on JTA.org.

The post Herzl’s grandparents reburied on Mount Herzl, fulfilling Zionist leader’s final wish appeared first on The Forward.

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Orthodox Jews are scootering to synagogue. Will Shabbat ever be the same?

LOS ANGELES – For thousands of years, the Jews have walked. Dispatched by God to the promised land of Canaan, Abraham walked. When the Israelites became a nation in the desert, they camped, kvetched, warred, and worshiped, but mostly walked. And on Shabbat — when the Torah forbids riding horses, carriages, trains or cars — observant Jews have traditionally walked.

But when Ilana Jurkowitz and her two kids went to prayer services one recent Saturday morning, they did not walk. Nor, as Shabbat-observant Jews, did they drive. Instead, the trio made the mile-and-a-half trek to their Beverly Hills synagogue using a decidedly non-Biblical form of transportation: scooters.

They’re not alone. On Shabbat, the two-wheel, non-electric scooters — the kind you kick off to propel and brake by stepping on the back wheel — have in recent years become ubiquitous in Orthodox communities from LA to Miami Beach to the Five Towns. Kids and parents ride them to and from shul, tzitzit fringes flying in the wind, then to meals or playdates afterward. On long Saturday afternoons, Jewish teens cruise the streets on scooters like their California ancestors once did in classic cars.

Walking, it seems, has gone out of fashion, supplanted by what was once mainly a children’s toy. Sorry, Walter: These Jews do roll on Shabbos.

“We saw other people scooting and thought, OK, we need to start,” Jurkowitz said. “It makes it so much easier.”

For the Jurkowitz family, scooters cut what would be a 35-minute walk almost in half. Journeys the family wouldn’t dare take on foot — like the two-plus mile jaunt to Ilana’s parents — become manageable. “It extends the radius of the community,” she told me. For her kids, the scooters also signified maturity and taste. Seven-year-old Shylee Jurkowitz recounted her graduation from a three-wheel mini-scooter to the two-wheel model; Winston, 10, rocked a Transformers-themed helmet. Ilana, also wearing headgear, carried in a tote bag the straw hat she would wear in shul, and four-inch heels.

In Los Angeles, where electric scooters help residents and tourists alike navigate traffic congestion, the ascendance of kick scooters in Orthodox areas highlights the intersection of religious practice and 21st-century urban geography. As the Shabbat-observant population has surged — Orthodoxy being the fastest-growing Jewish denomination in the U.S. — neighborhoods like Pico-Robertson, where the Jurkowitzes live, have stretched the limits of walking distance. Factor in the heat and Shabbat formal attire, and long walks become a brutal proposition.

There’s just one catch. For all their analog simplicity — they contain no motor, battery, chains or gears — it’s not really clear whether scooters are a kosher Shabbat activity. I grew up in Pico-Robertson in the early aughts, when Razor scooters were a fad; I rode mine so much its orange foam handles turned auburn. But I distinctly remember my Modern Orthodox rabbi advising me that on Shabbat, I should leave my wheels at home — scootering, he said, was against the spirit of the Jewish day of rest. So what happened with everyone else?

Each Shabbat for the last several months, I’ve been putting that question to friends and strangers scootering on the streets of Pico-Robertson. The people I’ve spoken to — at least 30, including respondents to a survey I taped up on street corners — described a trend that speaks to climate and real estate, adolescence and parenting, gender and style, and ultimately the meaning of Shabbat itself.

Eventually I heard enough hype about scooters that I ordered one on Amazon; when the Jurkowitzes went to shul, I was rolling along with them.

Today’s kick scooters have larger wheels than the original Razors — the better for navigating cracked city sidewalks. Photo by Carlin Stiehl for the Forward

Micromobility comes to the shtetl

As the Jurkowitz kids raced ahead, Ilana told me how they wound up living so far from shul.

Before they moved into their current home a little more than a decade ago, she and her husband Nick were living about a half-mile east of their synagogue, Beth Jacob Congregation. But with plans to grow their family, they were lured south by cheaper real estate. The Jurkowitzes’ block today would be considered the outskirts of Pico-Robertson; twenty years ago it might as well have been San Diego.

Initially, they walked, pushing their oldest in a stroller. “And then it just, you know, took a lot longer to get there,” Jurkowitz said. Putting the kids on scooters, she quickly learned, meant they could leave the stroller at home.

Shylee and Winston waited at the end of the block for us to catch up. There’d been some skinned knees and bloody elbows over the years, Ilana said, but nothing dramatic. (Other kids I spoke to weren’t so lucky — one teenager told me he’d broken his arm when his scooter plunged into a crack in the sidewalk and threw him off.)

Scooters don’t just help people get to synagogue faster; in some cases — especially for families with kids — they’re the difference between getting there and staying home.

Greater Los Angeles contains several Orthodox neighborhoods, of which Pico-Robertson is the largest. But since the early 2000s, the majority of them are bound by a single eruv, which is the ritual enclosure that allows observant Jews to bypass the prohibition of carrying objects in public on Shabbat. The ludicrously capacious LA eruv — bound by the 405, 10 and 101 freeways, it covers an area roughly the size of Washington, D.C. — allows people to scooter not merely between home and shul, but from one Jewish neighborhood to another.

One man I spoke to planned to scooter four miles that night from Pico-Robertson to his house in Hancock Park, an Orthodox neighborhood colloquially referred to by Pico’s Jews as “the other side of town.” Another rode to Pico from Chabad of Mount Olympus — a distance of more than five miles. The eruv meant these journeys have long been possible on Shabbat. But the scooters are making them almost routine, and in turn, challenging the paradigm of Orthodox community. Having to walk to synagogue on Shabbat has kept Jews living in close proximity for centuries; with a scooter, Orthodox Angelenos really can live anywhere in a 67-square-mile area.

Scooters hit the U.S. market in 2000 as a children’s toy, but today, Orthodox adults ride them, too. Photo by Carlin Stiehl for the Forward

For now, those crosstown treks — facilitated by dry weather, wide residential streets and the generally flat LA basin — represent the extreme in trip length. But they underscore the appeal of intra-community scoots like the Jurkowitzes’. Property values around the neighborhood’s edges have nearly doubled in the past decade, reflecting the increased demand from Orthodox families priced out of the core. Scooters don’t just help people get to synagogue faster; in some cases — especially families with kids — they are the difference between getting there at all or just staying home.

Of course, people do more than pray on Shabbat, and the turn to scooters had as many social motivations as religious ones. For older kids, having a scooter was the first whiff of independence, a status symbol that made you both taller and faster than your peers. And for younger adults, it was an antidote to Saturday doldrums.

Motti Zuker and Joshua Engelson, Orthodox millennials who I met up with one recent Saturday night, use their scooters less to pray than to meet friends and make afternoon plans. “If I was married and had a family, I wouldn’t,” Engelson told me. But as an older single, he said, “I need to move around places.” In other words, he’s shmooze-maxxing.

Though Shabbat-observant themselves, he and Zuker sometimes attend Jewish Friday night functions where most of the other guests drove. Self-conscious of their garishly unsexy devices — Engelson called it “social suicide” to be caught with one at his age — the two have turned their foldable off-brand scooters into a kind of ironic shtick.

“My go-to thing when I introduce myself is I’ll say, ‘Yeah, it’s the vintage model,’” Zuker said with a grin. He’d used that line on me a few days earlier, when I flagged him down on my walk home from Friday night dinner.

Orthodox boys and girls cruise around on scooters on Shabbat afternoons like their California ancestors did in classic cars. Photo by Carlin Stiehl for the Forward

Pumping the brakes

So many yidden breeze by you on scooters in Pico-Robertson that it can be easy to forget how many people object to them. What reminded me was the experience of riding one myself. After services ended at Beth Jacob, I grabbed my ride from a rack in the alley behind the shul and kicked off toward my usual religious haunts. As I hurtled past my coreligionists on the sidewalk, it seemed they were looking at me with a mix of bemusement and contempt. My “Good Shabbos” greetings went ignored.

There is nothing in the Torah that overtly forbids riding a scooter on Shabbat. Instead, scooters fall into the gray area of Shabbat prohibition known as uvda d’chol, or “weekday activity.” Uvda d’chol encompasses activities not explicitly prohibited on Shabbat but which are discouraged — as my rabbi did 25 years ago — because they undercut the notion of the Jewish day of rest. The Talmud specifies modes of transportation as an example: The way one gets around on Shabbat, it instructs, should not be the same as how one travels during the week. (The Shulchan Aruch, a 16th-century legal compendium, forbids running on this basis.)

A scan of Orthodox commentary in the last five years seems to reflect consensus that scootering on Shabbat is improper for this reason. An article on the website of the Orthodox Union, the organization to which most Modern Orthodox synagogues belong, and various lectures about scooters on Orthodox learning library YUTorah, declare scootering uvda d’chol.

Orthodox rabbis seem to agree that scootering on Shabbat feels wrong. Whether they can stop it is another matter.

But uvda d’chol is an evolving designation, determined not by mere rabbinic mandate but also by community habit. And something unusual occurs in the sources discussing scooters: The rabbis tend to concede it’s happening anyway. Rabbi Aryeh Lebowitz, a rosh yeshiva (senior rabbinic scholar) at Yeshiva University who leads a synagogue in Long Island, said in a lecture last year that he once forbade his son from scootering places on Shabbat, a stringency not abided by the boy’s friends.

“But then the yeshivish community moved in, and they’re all on scooters,” said Lebowitz, referring to a more strictly religious crowd. “The adults are on scooters. So now, people in my shul say, ‘How do I tell my kids not to?’”

According to at least one halachic authority, however, kids are in the clear. Rabbi Yosef Zvi Rimon, an influential Orthodox legal scholar based in Israel, permits children scootering on Shabbat because it is a leisure activity, rather than a form of transportation. And he says that in communities where families live far from their synagogue, adults, too, should not be prohibited from scootering to get there — just as the Shulchan Aruch grants an exception for adults to run to shul, because it facilitates the mitzvah of prayer.

In any event, most riders I spoke to weren’t considering it a gray area at all. To Ilana Jurkowitz, scootering wasn’t a thing she did during the week — so how could it be considered a weekday activity? The upsides, on the other hand, were obvious: They made shul more accessible to the whole family, deepened friendships, and enabled her kids to spend more time with their grandparents.

Scootering is such a popular trend that some synagogues have dedicated parking areas for the devices. Photo by Carlin Stiehl for the Forward

She had not seen a need to consult her rabbi, she said, because so many other families at her shul were doing it first.

“I’ve just looked at the community and seen it as an adopted mode of transportation, and so kind of went with that,” Jurkowitz said. “I guess I felt like if there was an issue with scooting on Shabbat, knowing that so many do it, that the rabbis would address it.”

At least one Pico-Robertson rabbi had tried to ban scooters from his shul. In an interview, he compared their appeal to that of cars in the Conservative movement, which in 1950 permitted driving on Shabbat only for the purpose of getting to services. “Ultimately, it was exactly this — that, ‘Well, people are living far away, so they have to come on Shabbos,’” said the rabbi, who asked to remain anonymous. “Then people kept going further away, and then the whole community, the sense of community faded.”

Others I spoke to shared his sentiment, but few were willing to say so publicly; two local pulpit rabbis I reached out to for this piece declined to speak at all about the topic.

The rabbi who banned the devices empathized with those colleagues. A rabbi’s imperative, he noted, is to set rules his congregation can follow. Taking a position against an activity that is already accepted community practice may only serve to undercut their authority on everything else.

“The reality of the situation regarding scooters,” he said, “is that it’s not where they want to make their battles.”

Day of leisure or day of rest?

There’s an adage in the Talmud that a man is blessed for every step he takes to reach his synagogue — the longer the walk, the greater the reward. But the heavenly incentives, it turned out, shrank in the glare of Los Angeles sun.

Scooter riders cited fatigue, the heat and time commitment as the main reasons they didn’t want to walk. The first two factors went together; Los Angeles now experiences roughly nine to ten more days per year when temperatures hit 90°F or higher compared to two decades ago. In the parts of Pico-Robertson where the Orthodox community has expanded more recently, shade is in short supply.

But people’s resentment of time wasted on foot may say as much about modern social anxieties as it does about the built environment. Whether shul-hopping singles or families of five, people wanted to squeeze more out of the day of rest.

Some people in Pico-Robertson live a half-hour’s walk or more from synagogue. Scooters can cut the time in half. Photo by Carlin Stiehl for the Forward

When I was flitting around town on my blue Razor, my Shabbat itinerary became more ambitious. I timed myself riding from Beth Jacob to another synagogue, then headed to lunch on the eastern edge of Pico-Robertson. From there I swung over to my folks’ for dessert, then kick-pushed another 1.4 miles back southeast to my apartment. By nightfall, and without ever leaving Pico-Robertson, I had scootered just under seven miles. I am confident I have never walked that much on one Shabbat; realizing that, I wondered whether that was a sign I had altered something essential about it.

Wisely, I did not reach out to my childhood rabbi until after I completed my experiment; Rabbi Yosef Kanefsky, who today holds the same position as senior rabbi of B’nai David-Judea, had not changed his stance on scooters since I first sought his counsel some 25 years ago. “I’m glad that I’m consistent,” he said when I shared the memory.

Kanefsky, who recently relayed Rimon’s teachings to congregants, said that enabling more children and parents to get to shul was an important consideration in permitting scooters. But he still wasn’t entirely comfortable with the activity more broadly. He recalled the instruction Moses gives the Israelites not to collect manna on Shabbat. “Shvu ish tachtav,” Moses tells them: Stay put.

“Filling our day with busyness, that’s what the other six days are for,” Kanefsky said in an interview. “We fill our schedule with busyness, and Shabbat is intended to be a day of non-busyness. ‘I got places to go. I got things to do. I can’t stay here too long’ — that’s really what we’re supposed to take a break from.”

Perhaps the best case to be made against scootering, then, is not that it feels like a weekday activity; it’s that walking — even or especially a distance you’d rather drive — feels like a Shabbat activity.

But the debate around scooters isn’t just about scooters. The deeper matter, Kanefsky said, is that as technology has become more advanced, more and more things we would intuitively consider Shabbat-violating actually fall into uvda d’chol rather than clear Biblical prohibitions. Lighting a candle on Shabbat is Biblically prohibited, but turning on an LED light? That’s probably uvda d’chol. Same goes for a smartphone, getting in a short-distance Waymo or talking to Alexa.

This is not to say that permitting scooters on Shabbat means allowing Snapchat, too. But scooters do expose an unavoidable fact about Shabbat in the 21st century and beyond: It will ultimately reflect how communities define uvda d’chol for themselves.

Los Angeles contains several Orthodox communities; a ritual enclosure called an eruv allows Jews to scooter from one neighborhood to another. Photo by Carlin Stiehl for the Forward

“We need this category, desperately,” Kanefsky said. “If we have the opportunity to be a little more conservative with this category — literally to conserve it — I think that’s in our interest. Because — well, just imagine a Shabbat in which everyone’s phone is on, everyone’s computer is on, and everyone’s taking their EV to shul. That’s the future if uvda d’chol disappears as a category altogether.”

Until then, the scooters roll on. The last person I interviewed for this story was the kid who broke his arm — 14-year-old Natan Wintner, a rising high school freshman. Wintner rounds up what he called “a little Jewish scooter gang” most Shabbat afternoons — five to ten guys bouncing from house to house to pass the time. Girls did this too in their own groups, Wintner said; for him it was “having our bro time.”

Wintner’s dad grew up on the other side of town, back when scootering on Shabbat was a clear no-go. But in a sign of the changing times, Natan got his first scooter when he was 5 and — save for the broken arm a few years ago — has been riding it ever since.

He expects to grow out of the Razor someday. “I do view it as somewhat childish,” he said. But when he sees parents scootering with their kids, he begins to imagine an older version of himself grabbing the handlebars again.

“I think I speak for most kids when I say that walking isn’t really fun,” he said. “Just being able to push yourself off a scooter and give yourself a little less to do, it really makes a big difference for kids. And it’s just more fun, you know? You get to gain speed.”

The post Orthodox Jews are scootering to synagogue. Will Shabbat ever be the same? appeared first on The Forward.

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Why did Moses command Jews to choose between a blessing and a curse?

אין פּרשת ראה רופֿט משה רבינו דאָס ייִדישע פֿאָלק צו זען די ברכה און די קללה, וואָס דער באַשעפֿער גיט פֿאַרן מקיים זײַן אָדער, חלילה, פֿאַרן עובֿר זײַן אויף זײַנע מיצוות. „ראה, אָנוכי נותן לפֿניכם היום ברכה וקללה“ — זעט, איך גיב אײַך הײַנט אַ ברכה און אַ קללה.

אין די פֿאָריקע פּרשיות האָבן מיר שוין דערמאָנט, אַז דער חומש „דבֿרים“ פֿאָקוסירט אויף דירעקטע באַציִונגען צווישן דעם מענטש און דעם באַשעפֿער. דער רבונו־של־עולם האָט אָנגענומען משה רבינוס ווערטער ווי אַן אינטעגראַלן חלק פֿון זײַן תּורה, ווײַל משה האָט דערגרייכט די הויכע מדרגה פֿון אַ געטלעכן מענטש; די הייליקע שכינה אַליין האָט גערעדט דורך זײַן מויל.

אויב אַזוי, קאָן מען פֿאַרשטיין, אַז פֿון משה רבינוס דערהויבענער פּערספּעקטיוו האָט ער פּערזענלעך געזען די ברכות, וואָס קומען ווי אַ רעזולטאַט פֿונעם מקיים זײַן די מיצוות. אין אונדזער פּרשה לייענען מיר אָבער, אַז משה האָט אָנגעזאָגט די ייִדן דורכצופֿירן אַ קאָקרעטן ריטואַל בעתן אַרײַנקומען אין ארץ־ישׂראל, כּדי יעדער זאָל משׂיג זײַן די דאָזיקע קאָנצעפּציע מיט זײַנע אייגענע אויגן. ווי די תּורה דערקלערט שפּעטער, האָבן זעקס ייִדישע שבֿטים געדאַרפֿט זאָגן אַ גאַנצע ריי ברכות אויפֿן באַרג גריזים, און די אַנדערע זעקס שבֿטים האָבן געשאָלטן די רשעים אויפֿן בשכנותדיקן באַרג עיבֿל, כּדי אויף אַ גשמיותדיקן אופֿן צו שילדערן דעם חילוק צווישן שׂכר־מיצוות און דער שטראָף פֿאַר עבֿירות.

די חסידישע מפֿרשים אַסאָציִיִרן דעם נאָמען פֿון אונדזער סדרה מיט די ניסים פֿון מתּן־תּורה. די תּורה באַטאָנט, אַז ווען דער אייבערשטער האָט געגעבן די תּורה אויפֿן באַרג סיני, האָבן אַלע ייִדן געזען דאָס קול פֿונעם באַשעפֿער; די חז״ל דערקלערן, אַז דעם אייבערשטנס ווערטער האָבן זיך אין זייער שׂכל פֿאַרוואַנדלט אין וויזיעס.

הרבֿ אַריה קאַפּלאַן, דער באַקאַנטער וויסנשאַפֿטלעך־אָריענטירטער פּאָפּולאַריזאַטאָר פֿון קבלה און חסידות, האָט אין זײַנע ווערק מסביר געווען, אַז לויט דער מאָדערנער פּסיכאָלאָגיע זענען די דאָזיקע דבֿרי־חז״ל גאַנץ פֿאַרשטענדלעך. הגם אונדזער מוח באַהאַנדלט די אינפֿאָרמאַציע פֿון די אויערן און אויגן אויף באַזונדערע אופֿנים, איז דער פּראָצעס בעצם דער זעלבער. אין אויסעראָרדנטלעכע סיטואַציעס – און די מתּן־תּורה איז זיכער אַ גוטער בײַשפּיל דערפֿון – קאָנען אונדזערע חושים זיך צונויפֿשמעלצן. למשל, ווען מיר זעען אַ חלום און עצעמער פּרוּווט אונדז אויפֿצוּוועקן, ווערן די ווערטער פֿונעם דרויסנדיקן מענטש צומאָל פֿאַרוואַנדלט אין חלומדיקע וויזועלע פֿיגורן. אין דער הײַנטיקער פּסיכאָלאָגיע ווערן אַזאַ פֿענאָמען אָנגערופֿן „סינעסטעזיע‟.

די תּורה בלײַבט אָבער אַקטועל אין יעדן דור. הגם מיר זענען ווײַט פֿון משה רבינוס דערהויבענער מדרגה פֿון דבֿקות און פֿונעם מיסטישן שׂכל־צושטאַנד בעת דער מתּן־תּורה, זאָגט אונדז משה רבינו קלאָר, אַז אין אַ געוויסער מאָס קאָנען מיר אַלע זען די פּירות פֿון אונדזער עבֿודת־השם אין דער וועלט. די גײַסטיקע דערפֿאַרונג בײַם באַרג סיני בלײַבט אײַנגעקריצט אין אונדזערע נשמות, און מיר זענען טאַקע מסוגל צו זען מיט אונדזערע אויגן דעם באַשעפֿערס שפֿע פֿאַרן מקיים זײַן די מיצוות.

אין די פֿריִערדיקע צוויי סדרות האָבן מיר געלייענט די ווערטער פֿון דער וויכטיקסטער ייִדישער תּפֿילה: קריאת־שמע. צוויי מאָל אַ טאָג, מוזן מיר זיך דערמאָנען, אַז אַלץ אין דער וועלט איז אַ געטלעכע אַנטפּלעקונג. דער אות „ח‟ אינעם וואָרט „אחד‟ איז מרמז בגימטריא, אַז דער רבונו־של־עולם איז איינער אויף די זיבן הימלען און אויף דער ערד, און דער אות „ד‟ דערמאָנט אונדז, אַז אין אַלע פֿיר ריכטונגען אַרום אונדז און אין אַלע פֿיר עלעמענטן פֿון דער נאַטור דערשפּירט זיך דער געטלעכער כּוח. ווי רבי לוי־יצחק באַרדיטשעווער, דער באַרימטער חסידישער צדיק, זינגט אין זײַן ניגון „דודעלע‟, געפֿינען מיר איבעראַל דעם אייבערשטן און פֿאָרט בלײַבט ער פֿון אונדז באַהאַלטן. ווי דער בעל־שם־טובֿ האָט זיך אויסגעדריקט, ווען אַ בלאַט פֿאַלט אַראָפּ פֿון אַ בוים, איז עס אַ טייל פֿונעם געטלעכן באַשאַף־פּלאַן.

אויב מע טראַכט זיך אַרײַן, זעען מיר יעדן טאָג מיט אונדזערע אויגן גאַנץ קאָנקרעטע ברכות און קללות אויף אַ גאַנץ פּשוטן אופֿן, אָן קיין הויכע עבֿודות און מעדיטאַציעס. אַדרבה, צום באַדויערן, זענען די מענטשן אָפֿטמאָל אַליין שולדיק אין דעם, וואָס דעם אייבערשטנס השגחה בלײַבט פֿון אונדז באַהאַלטן. ווען אין די נײַעס דערציילט מען שרעקלעכע ידיעות וועגן מלחמות און אַנדערע צרות, דאַרפֿן מיר געדענקען, אַז די וועלט נייטיקט זיך אין אַ תּיקון. וואָס מער מיר זאָרגן זיך וועגן די מיצוות בין אָדם־לחבֿרו, אונדזערע עטישע פֿליכטן לגבי אַנדערע מענטשן, אַלץ קלאָרער זעען מיר מיט אונדזערע אויגן, ווי די וועלט ווערט אַ בעסער געבענטשט אָרט.

דער גרויסער מקובל און בעל־מוסר אלעזר אַזכּרי באַמערקט אין דער הקדמה צו זײַן „ספֿר־חרדים‟, אַז דער באַקאַנטער ספֿרדישער צדיק רבי יוסף סרגוסי האָט זוכה געווען צו דערגרייכן אַ הויכע מדרגה פֿון רוח־הקודש, ווײַל ער פֿלעגט אַרומלויפֿן אין צפֿת, כּדי שלום צו מאַכן אַפֿילו צווישן צופֿעליקע צעקריגטע אַראַבישע פּאָרפֿעלקער. אונדזער באַטייליקונג אינעם וועלט־תּיקון, לאַוו־דווקא אין אונדזערע אייגענע קהילות, ברענגט גאַנץ פּראַקטישע רעזולטאַטן סײַ אין דער אַרומיקער סבֿיבֿה, סײַ אין אונדזערע נשמות.

פֿון דער צווייטער זײַט, כּל־זמן ערגעץ אין דער וועלט הערשט שׂינאה און אומיושר, בלײַבן מיר אין גלות, פֿאַרזונקען אין סיטרא־אַחרא. אַדרבה, ווען אַ ייִדישע קהילה זאָרגט זיך בלויז וועגן אירע אינערלעכע ענינים, ווערט זי אָפֿט באַוואַקסן מיט אַ גאַנץ פּעקל קללות און צרות. אין אַ סבֿיבֿה, וווּ מע היט זיך אָפּ אויף כּלערליי אופֿנים פֿון דער „פֿאַרשאָלטענער‟ דרויסנדיקער וועלט, קריכן גרינג אַרײַן אינטריגעס, קריגערײַען און אַנדערע פּראָבלעמען; צוליב אַזאַ באַציִונג, נעבעך, קאָן מען אַליין פֿאַרשאָלטן ווערן. אויב מע טראַכט זיך אַרײַן, קאָנען מיר גאַנץ קלאָר דערזען, אַז די וועלט נייטיקט זיך אין אונדזער גלאָבאַלער עבֿודת־התּיקונים; די לעכערדיקע און קרומע באַציִונג צו די מיצוות בין אָדם־לחבֿרו זענען אַ קוואַל פֿון בפֿירושע קללות.

עס באַקומט זיך, אַז וואָס שייך די צווישן־מענטשלעכע מיצוות, איז גאַנץ גרינג צו דערזען די ברכות און קללות, וואָס ס׳שטעקן אין זיי. די תּורה באַטאָנט אין אונדזער פּרשה, אַז דער אייבערשטער האָט פֿאַרטריבן די כּנענים און געגעבן זייער לאַנד צו ייִדן נישט צוליב די ייִדישע זכותים, נאָר צוליב די רישעותדיקע מעשׂים פֿון די אַמאָליקע כּנענישע פֿעלקער, וועלכע האָבן אויף עקסטרעם אַכזריותדיקע אופֿנים צעטראָטן די עטישע יסודות פֿון מענטשלעכקייט.

פֿון דער צווייטער זײַט, איז גאַנץ גרינג צו דערשפּירן די ברכה אין אַ היים, וווּ עס הערשט שלום־בית און פֿרידלעכע באַציִונגען מיט די שכנים. אין אַ שיל, וווּ אַלע מתפּללים זענען בשלום איינער מיטן צווייטן און האָבן דרך־ארץ פֿאַר דער אַרומיקער וועלט רוט אויך אַ געזונטע און געבענטשטע אַטמאָספֿער.

רבי פּינחס־אליהו האָראָוויץ דערקלערט אין זײַן „ספֿר הברית‟, אויפֿן סמך פֿון רבי חיים וויטאַל און אַנדערע קלאַסישע קבלה־קוואַלן, אַז אין אַ ברודערלעכער און פֿרײַנדלעכער געזעלשאַפֿט קאָנען אַפֿילו דורכשניטלעכע מענטשן דערגרייכן דעם רוח־הקודש. אויב מיר זענען מקיים ווי געהעריק די מיצוות בין אָדם־לחבֿרו, קענען מיר אויך דערזען די ברכה, וואָס שטעקט אין די מיצוות בין אָדם־למקום, ריין־גײַסטיקע באַציִונג־ענינים צווישן דעם מענטש און דעם אייבערשטן. כּדי צוצוקומען אויף וויפֿל מע קען צו דער שכינה־אַנטפּלעקונג און אויסצומײַדן די דערמאָנטע קהילה־פּראָבלעמען, מוזן מיר זיך קודם־כּל פֿאָקוסירן אויפֿן סאָציאַלן אַספּעקט פֿון דער תּורה, וואָס דערמעגלעכט צו זען דירעקטע פּאָזיטיווע רעזולטאַטן פֿון אונדזער עבֿודת־השם.

The post Why did Moses command Jews to choose between a blessing and a curse? appeared first on The Forward.

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