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From ‘how to’ to ‘why bother?’: Michael Strassfeld writes a new guide to being Jewish
(JTA) — “What the son wishes to forget the grandson wishes to remember.” That’s known as Hansen’s Law, named for the historian Marcus Lee Hansen, who observed that while the children of immigrants tend to run away from their ethnicity in order to join the mainstream, the third generation often wants to learn the “old ways” of their grandparents.
In 1973, “The Jewish Catalog” turned Hansen’s Law into a “do-it-yourself kit” for young Jews who wanted to practice the traditions of their grandparents but weren’t exactly sure how. Imagine “The Joy of Cooking,” but instead of recipes the guide to Jewish living had friendly instructions for hosting Shabbat, building a sukkah and taking part in Jewish rituals from birth to death. Co-edited by Michael Strassfeld, Sharon Strassfeld and the late Richard Siegel, it went on to sell 300,000 copies and remains in print today.
Fifty years later, Rabbi Michael Strassfeld has written a new book that he calls a “bookend” to “The Jewish Catalog.” If the first book is a Jewish “how to,” the latest asks, he says, “why bother?” “Judaism Disrupted: A Spiritual Manifesto for the 21st Century” asserts that an open society and egalitarian ethics leave most Jews skeptical of the rituals and beliefs of Jewish tradition. In the face of this resistance, he argues that the purpose of Judaism is not obedience to Torah and its rituals for their own sake or mere “continuity,” but to “encourage and remind us to strive to live a life of compassion, loving relationships, and devotion to our ideals.”
Strassfeld, 73, grew up in an Orthodox home in Boston and got his master’s degree in Jewish studies at Brandeis University. Coming to doubt the “faith claims” of Orthodoxy, he became a regular at nearby Havurat Shalom, an “intentional community” that pioneered the havurah movement’s liberal, hands-on approach to traditional practice. He earned rabbinical ordination from the Reconstructionist Rabbinical College when he was 41 and went on to serve as the rabbi of Congregation Ansche Chesed on the Upper West Side and later the Society for the Advancement of Judaism, the Manhattan flagship of Reconstructionist Judaism.
“To be disrupted is to experience a break with the past and simultaneously reconnect in a new way to that past,” writes Strassfeld, who retired from the pulpit in 2015. This week, we spoke about why people might find Jewish ritual empty, how he thinks Jewish practices can enrich their lives and how Passover — which begins Wednesday night — could be the key to unlocking the central idea of Judaism.
Our conversation was edited for length and clarity.
Jewish Telegraphic Agency: I wanted to start with the 50th anniversary of the “Jewish Catalog.” What connects the new book with the work you did back then on the “Catalog,” which was a do-it-yourself guide for Jews who were trying to reclaim the stuff they either did or didn’t learn in Hebrew school?
Michael Strassfeld: I see them as bookends. Basically, I keep on writing the same book over and over again. [Laughs] Except no, I’m different and the world is different. I’m always trying to make Judaism accessible to people. In the “Catalog” I was providing the resources on how to live a Jewish life when the resources weren’t easily accessible.
The new book is less about “how to” than “why bother?” That’s the challenge. I think a lot of people take pride in being Jewish, but it’s a small part of their identity because it doesn’t feel relevant. I want to say to people like that that Judaism is about living a life with meaning and purpose. It’s not about doing what I call the “Jewishly Jewish” things, like keeping kosher and going to synagogue. Judaism is wisdom and practices to live life with meaning and purpose. The purpose of Judaism isn’t to be a good Jew, despite all the surveys that give you 10 points for, you know, lighting Shabbat candles. It’s about being a good person.
So that brings up your relationship to the commandments and mitzvot, the traditional acts and behaviors that an Orthodox Jew or a committed Conservative Jew feels commanded to do, from prayer to keeping kosher to observing the Sabbath and the holidays. They might argue that doing these things is what makes you Jewish, but you’re arguing something different. If someone doesn’t feel bound by these obligations, why do them at all?
I don’t have the faith or beliefs that underlie such an attitude [of obligation]. Halacha, or Jewish law, is not in reality law. It’s really unlike American law where you know that if you’re violating it, you could be prosecuted. What I’m trying to do in the book is reframe rituals as an awareness practice, that is, bringing awareness to various aspects of our lives. So it could be paying attention to food, or cultivating attitudes of gratitude, or generosity, or satisfaction. My broad understanding of the festival cycle, for example, is that you can focus on those attitudes all year long, but the festivals provide a period of time once in the year to really focus on, in the case of Rosh Hashanah and Yom Kippur, for example, saying sorry and repairing relationships.
In “Judaism Disrupted: A Spiritual Manifesto for the 21st Century,” Michael Strassfeld argues that the challenge of each generation’s Jews is to create the Judaism that is needed in their time. (Ben Yehuda Press)
Passover is coming. Probably no holiday asks its practitioners to do so much stuff in preparation, from cleaning the house of every trace of unleavened food to hosting, in many homes, two different catered seminars on Jewish history. Describe how Passover cultivates awareness, especially of the idea of freedom, which plays an important part thematically in your boo
The Sefat Emet [a 19th-century Hasidic master] says Torah is all about one thing: freedom. But there’s a variety of obstacles in the way. There are temptations. There’s the inner issues that you struggle with, and the bad things that are out of your control. The Sefat Emet says the 613 commandments are 613 etzot, or advice, that teach us how to live a life of freedom. The focus of Passover is trying to free yourself from the chains of the things that hold you back from being the person that you could be, not getting caught up in materiality or envy, free from unnecessary anxieties — all these things that distract us or keep us from being who we could be.
The Passover seder is one of the great rituals of Judaism. We’re trying to do a very ambitious thing by saying, not, like, “let’s remember when our ancestors were freed from Egypt,” but rather that we were slaves in Egypt and we went free. And at the seder we actually ingest that. We experience the bitterness by eating maror, the bitter herb. We experience the freedom by drinking wine. We don’t want it just to be an intellectual exercise.
Unfortunately the seder has become rote. But Passover is about this huge theme of freedom that is central to Judaism.
I think some people bristle against ritual because they find it empty. But you’re saying there’s another way to approach rituals which is to think of them as tools or instruments that can help you focus on core principles — you actually list 11 — which include finding holiness everywhere, caring for the planet and engaging in social justice, to name a few. But that invites the criticism, which I think was also leveled at the “Catalog,” that Judaism shouldn’t be instrumental, because if you treat it as a means to an end that’s self-serving and individualistic.
Certainly rituals are tools, but tools in the best sense of the word. They help us pay attention to things in our lives and things in the world that need repair. And people use them not to get ahead in the world, but because they want to be a somewhat better person. I talk a lot these days about having a brief morning practice, and in the book I write about the mezuzah. For most Jews it’s become wallpaper, but what if you take the moment that you leave in the morning, and there’s a transition from home to the outside and to work perhaps, and take a moment at the doorpost to spiritually frame your day? What are the major principles that you want to keep in your mind when you know you’re gonna be stuck in traffic or a difficult meeting?
And a lot of traditional rituals are instrumental. Saying a blessing before you eat is a gratitude practice.
But why do I need a particular Jewish ritual or practice to help me feel gratitude or order my day? Aren’t there other traditions I can use to accomplish the same things?
Anybody who is a pluralist, which I am, knows that the Jewish way is not the only way. If I grew up in India or Indonesia and my parents were locals I probably wouldn’t be a rabbi and writing these books.
But a partial answer to your question is that Judaism is one of the oldest wisdom traditions in the world, and that there has been a 3,000-year conversation by the Jewish people about what it means to live in this tradition and to live in the world. And so I think there’s a lot of wisdom there.
So much in Jewish tradition says boundaries are good, and that it’s important to draw distinctions between what’s Jewish behavior and what’s not Jewish behavior, between the holy and the mundane, and that making those distinctions is a value in itself. But you argue strongly in an early chapter that that kind of binary thinking is not Judaism as you see it.
Underlying the book is the notion that Rabbinic Judaism carried the Jewish people for 2,000 years or so. But we’re living in a very different context, and the binaries, the dualities — too often they lead to hierarchy, so that, for example, men matter more than women in Jewish life. And we’ve tried to change that. We are living in an open society where we want to be more inclusive, not less inclusive. We don’t want to live in ghettos. Now, the ultra-Orthodox say, “No, we realize the danger of trying to live like that. We don’t think there’s anything of value in that modern world. And it’s all to be rejected.” And it would be foolish not to admit that in this very open world the Jews, as a minority, could kind of disappear. But I think that Judaism has so much value and wisdom and practices to offer to people that Judaism will continue to be part of the fabric of this world — the way, for example, we have given Shabbat as a concept to the world.
You know, in the first 11 chapters of the Torah, there are no Jews. So clearly, Jews and Judaism are not essential for the world to exist. And that’s a good, humbling message.
OK, but one could argue that while Jews aren’t necessary for the world to exist, Judaism is necessary for Jews to exist. And you write in your book, “If the Jewish people is to be a people, we need to have a commonly held tradition.” I think the pushback to the kind of openness and permeability you describe is that Jews can be so open and so permeable that they just fall through the holes.
It certainly is a possibility. And it’s also a possibility that the only Jews who will be around will be ultra-Orthodox Jews.
But if Judaism can only survive by being separatist, then I question whether it’s really worthwhile. That becomes a distorted vision of Judaism, and withdrawing is not what it’s meant to be. I think we’re meant to be in the world.
Your book is called “Judaism Disrupted.” What is disruptive about the Judaism that you’re proposing?
I meant it in two ways. First, Judaism is being disrupted by this very different world we’re living in. The contents of the ocean we swim in is very different than in the Middle Ages. But I’m also using it to say that Judaism is meant to disrupt our lives in a positive way, which is to say, “Wake up, pay attention.” You are here to live a life of meaning and purpose, and to continue as co-creators with God of the universe. You’re here to make the world better, to be kind and compassionate to people, to work on yourself. In my mind it is a shofar, “Wake up, sleepers, from your sleep!” “Judaism Disrupted” says you have to pay attention to issues like food, and justice, and teshuva [repentance].
You were ordained as a Reconstructionist rabbi. Do you think your book falls neatly into any of our current denominational categories?
[Reconstructionist founder] Rabbi Mordecai Kaplan’s notion of Judaism as an evolving religious civilization is the one that I feel closest to. But I feel that the denominational structure isn’t particularly useful anymore. There’s basically two categories, Orthodox and the various kinds of liberal Judaism, within a spectrum. The modern world is so fundamentally different in its relationship to Jews and Judaism that what we’re seeing is a variety of attempts to figure out how to respond. And that will then become the Judaism for the next millennium. It’s time for a lot of experimentation. I think that’s required and out of that will come a new “Minhag America,” to use Isaac Mayer Wise’s phrase for the emerging custom of American Jews [Wise was a Reform rabbi in the late 19th century]. And we don’t need to have everybody doing it one way. As long as people feel committed to Judaism, the Jewish tradition, even if they’re doing it very differently than the Jews of the past, they will be writing themselves into the conversation.
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How much will Trump’s endorsement help Netanyahu?
(JTA) — JERUSALEM – Within minutes of President Donald Trump endorsing Prime Minister Benjamin Netanyahu in a post on Truth Social Sunday, Netanyahu’s campaign team had released a 30-second clip showing all the times Trump has lavished praise on the Israeli leader over the past few years.
With polls showing that Netanyahu and his governing coalition are slipping in their struggle to retain power in the upcoming Oct. 27 election and lag behind the opposition bloc, an endorsement from the president of the United States is a powerful statement.
But is it enough to tip the scales?
“I don’t think it will change anything,” said Ilana Shpaizman, a senior lecturer in the Department of Political Studies at Bar-Ilan University.
Of course, she said, “Netanyahu will say this is the proof that I’m a leader and all that, and I can speak to Trump … But so what? His followers already know that and they believe in him. They don’t need the endorsement.”
Those who oppose him, Shpaizman continued, “know that Trump forced him (Netanyahu) to accept the ceasefire in Gaza and accept the hostage deal, and that Trump runs the show around Iran. So they also don’t need the endorsement either,” Shpaizman said.
Some pundits speaking on Israeli news outlets criticized Trump for “interfering” in Israel’s election, while others put it down to the fact that Trump does not want America to return to fighting Iran alone if Netanyahu, who is hawkish on Iran, is replaced by someone less willing to act militarily. If Netanyahu loses, that is a scenario that could play out.
“This is the first time ever that the president, at least publicly, endorses a candidate in Israel’s election,” Bushinsky, a political commentator and former adviser to Netanyahu, told the Jewish Telegraphic Agency.
Bushinsky said he remembered Netanyahu complaining about U.S. intervention in previous elections in 1999 and 2001, when presidents less enamored of him were in office. He even pushed for an initiative that would block foreign funding for election campaigns.
Now, Bushinsky said, “I guess he is not complaining,” adding that the endorsement serves Netanyahu in two ways.
First, it signals that Trump thinks that Netanyahu is the most suitable guy for the job. Second, it puts Netanyahu’s election campaign back on track, refocusing attention on an issue where Netanyahu is strong – Iran.
“It lets him say ‘I can now finish a job, and I can finish a job with Trump,’ and ‘without Trump or without me, the job will not be finished,’” said Bushinsky.
He said that in the last few days, the political debate had pivoted to other issues such as Ashkenazim vs Sephardim, the draft law and the contentious efforts by the outgoing government to overhaul the judiciary.
“This [endorsement] is the ultimate campaign boost for Netanyahu,” Bushinsky said.
But that boost might not be enough.
Most of the polls taken in recent days show the opposition bloc led by former IDF chief Gadi Eisenkot pulling ahead of Netanyahu’s ruling coalition, but give neither bloc enough seats to gain the necessary 61 of 120 seats in Israel’s parliament, the Knesset, to form the next government.
“I think this might give Netanyahu one more seat, one more mandate, but not more than that,” said Bushinsky.
Prof. Tamar Hermann, director of the Israel Democracy Institute’s Viterbi Center for Public Opinion and Policy Research, said that the timing of Trump’s support for Netanyahu in this election race had come both “too late and too early.”
“It’s too late because people have already decided electoral preferences. They may shift within each bloc, but will not move between the blocs because of this,” she said. “And it’s too early because there are nine days to go to the elections, and we can already see other American leaders spilling some cold water over what he said, even on the Republican side of the aisle.”
This criticism, Hermann continued, will be transmitted to Israeli voters, and they will see that Trump is facing a huge battle in the upcoming midterm elections.
“The image of President Trump has deteriorated significantly since April 26, when he started the negotiations with Iran,” she said, pointing to one of the IDI’s recent public opinion surveys that found the president’s popularity had plummeted after he stopped the war with Iran without totally removing the threats against the State of Israel.
According to that poll, the Israeli public’s confidence in Trump as someone dedicated to Israel’s security fell from around 70% to just 42%.
“In my view, the endorsement will not make a big change,” Hermann added. “It will just strengthen Netanyahu’s political supporters, who will see it as a sign that he is still the internationally known figure that even the president of the United States is endorsing.”
She concluded, “The meaning of endorsement in Israel is totally different than in the United States … we are not that used to this kind of move, and it will not make people change their minds.”
This article originally appeared on JTA.org.
The post How much will Trump’s endorsement help Netanyahu? appeared first on The Forward.
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Trump endorses Netanyahu for reelection, warning Israelis against choosing another leader
President Donald Trump endorsed Israeli Prime Minister Benjamin Netanyahu for reelection, giving his longtime ally a major boost just nine days before Israel’s Oct. 27 election, which polls indicate could end without a clear winner.
“Please let this letter serve to represent my complete and total endorsement of Bibi Netanyahu in his upcoming race for re-election as Prime Minister of Israel,” Trump wrote Sunday in a lengthy post on Truth Social, praising Netanyahu as a strong leader and trusted partner in confronting Iran.
Netanyahu, Israel’s longest-serving prime minister, is seeking a seventh term after surviving political crises that repeatedly appeared likely to end his career — most significantly after the Oct. 7, 2023, Hamas attack. Recent polls suggest neither Netanyahu’s right-wing coalition nor the opposition is sure to win the 61 seats needed to form a government in the 120-member Knesset.
In his endorsement, echoing the sentiment of Netanyahu’s campaign, Trump warned Israeli voters that choosing anyone else as prime minister could put more pressure on the United States to deal with threats in the Middle East alone. “If Israel has the wrong leader, which would be anyone other than Bibi, America will have to do this work ourselves, and I am not inclined to do so,” Trump wrote. “Bibi Netanyahu has been strong, brave, and brilliant in the face of tremendous opposition, including that coming from even Israel, itself.”
Gadi Eisenkot, a former IDF chief of staff whose son was killed in the Gaza war, has emerged as Netanyahu’s chief rival. Eisenkot has floated a path to a government that does not require a majority in the Knesset. However, one of his partners in the anti-Netanyahu bloc, Avigdor Lieberman, has said in recent days he would oppose such a move. Recent polling puts Lieberman’s party at an average of eight or nine seats — enough to give Lieberman leverage in who leads the government.
Trump’s endorsement came hours after Netanyahu appeared on another program, the Fox News show Life, Liberty & Levin hosted by journalist and commentator Mark Levin. Netanyahu spoke glowingly of Trump and the importance of his battle to destroy the Iranian threat, as the American public prepares to head to the polls for midterm elections on Nov. 3. In that race, Republicans are fighting to maintain control of the House and Senate.
The U.S. war with Iran, which has slowed the flow of oil through the Strait of Hormuz causing gasoline prices to rise, has been unpopular with American voters and is often cited as one of the reasons Republican politicians could lose their races to Democrats.
Netanyahu made the case on Fox that the defeat of the Islamic Republic and the elimination of its nuclear program was critical to ensuring a safe American future. In the U.S., some lawmakers have insisted that the war was unnecessary.
If Iran can destroy Israel, it will conquer the Middle East, control world waterways and oil supplies and proceed to Europe and proceed “to the next target, which is you,” Netanyahu said, addressing a U.S. audience in his Fox News appearance.
A boost for Netanyahu in the final stretch
Trump has taken a personal interest in Israel’s election, but he held off on endorsing Netanyahu for months, raising questions about whether he was keeping his options open in case the longtime Israeli leader lost. “I’m not involved in [Israeli] politics anymore,” Trump told Time magazine in September. In an interview with Newsmax on Thursday, when asked whether he trusted Netanyahu, Trump said he did not trust anybody.
Sunday’s endorsement comes as Netanyahu steps up his campaign to rally his base and convince undecided voters that his close relationship with Trump is essential to Israel’s security. Trump remains popular in Israel, though his approval has declined in recent months following the ceasefire agreement with Iran. But the move could also complicate the president’s ability to influence what happens after the election, if neither political bloc wins a majority.
Trump has previously shown a willingness to pressure Israeli political leaders, including his public campaign last year for President Isaac Herzog to pardon Netanyahu of corruption charges.
Nonetheless, by declaring that Netanyahu is the only acceptable leader for the U.S. administration, Trump may have made it harder to persuade opposition parties to join a unity government led by Netanyahu if the election produces a political stalemate. It also gives Netanyahu another reason to resist stepping aside in post-election negotiations, knowing that the American president has publicly declared him the only alternative.
Netanyahu has already begun sharpening that message, arguing that he and Trump have unfinished business and only two more years to accomplish their shared goals before Trump’s term ends in January 2029. The messaging carries an implicit warning about Israel’s relationship with Washington after Trump leaves office. Whether the next president is Republican or Democrat, any Israeli leader may find it harder to maintain the same level of personal access and cooperation.
The election also carries broader consequences for American Jewry. Netanyahu has become increasingly unpopular among American Jews and Democrats, many of whom oppose his alliance with far-right and religious parties. A change in leadership could allow Israel to rebuild ties with Democrats and reconnect with parts of the American Jewish community — even without bringing nearly as much change in Israeli policy as some might hope.
Rep. Dan Goldman, a Jewish Democrat from New York who was defeated earlier this year in a primary that focused on his support for Israel, posted on X that the U.S.-Israel alliance “will suffer permanent damage if this Israeli government continues to hold power after the election on October 27.”
Polls point to another deadlock
The latest polls show that Netanyahu faces a difficult path to reelection.
Surveys published over the weekend show Eisenkot’s Yashar party ahead of Netanyahu’s Likud, with the opposition parties holding a combined 55 seats. The two Arab lists — the United List, a coalition of three Arab Israeli parties, and Ra’am led by Mansour Abbas — are generally counted outside either bloc.
Those numbers help explain why Trump’s endorsement matters.
A few additional seats could change the balance of power and determine who gets the first opportunity to form a government. And even if Netanyahu fails to secure a majority, he could still benefit from a political deadlock if his bloc wins enough seats to prevent the opposition from forming a government.
In that scenario, Netanyahu would remain prime minister until a new government is sworn in, potentially setting the stage for another election.
JTA contributed to this report.
The post Trump endorses Netanyahu for reelection, warning Israelis against choosing another leader appeared first on The Forward.
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The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide
Can courts instruct a rabbinical court to withdraw accusations of chutzpah? This unlikely question was posed to the U.S. Supreme Court this month when a nursing home dispute offered a rare window into how American courts and rabbinical courts operate in parallel. The case illustrates how law – and life – get messy when one encroaches on the other’s authority.
The case centers on an ownership dispute over a New York nursing home, with millions of dollars at stake.
To resolve the dispute, one of the parties — Samuel Strulovitch — turned to a beit din, or rabbinical court, in Monsey, New York. Rabbinical courts across the United States regularly resolve a wide range of business disputes like this one. Beit dins have been growing across the U.S., with more locations, increasing caseloads, and a growing number of rulings popping up in civil courts.
Their popularity reflects two legal systems working together. First, Jewish law generally requires disputes between Jews to be resolved before rabbinical courts rather than civil courts — a rule that, like any good Jewish law rule, comes with plenty of exceptions and caveats. Second, American law treats rabbinical arbitration like other forms of commercial arbitration. When parties voluntarily agree to arbitration, a civil court will generally confirm the resulting “award,” giving it the force of a legal judgment. Going to a beit din thus serves two purposes simultaneously: satisfying a religious obligation and resolving a commercial dispute.
In this case, overlapping interests of multiple investors complicated matters. Strulovitch obtained an award from the Monsey beit din granting him an ownership stake in the nursing home. But the proceeding included Strulovitch and one co-owner, while other owners never agreed to submit the dispute to that beit din. That agreement matters to American courts because arbitration rests on consent, and a beit din’s award cannot bind parties who never agreed to its authority.
The result was more than two years of litigation in two civil courts and three rabbinical courts. That litigation ultimately wound its way before Judge Linda Jamieson of Westchester County, New York. Initially, she barred Strulovitch from confirming or enforcing the original rabbinical award while the court considered whether it affected the rights of investors who had never agreed to arbitration. The bar on civil enforcement was largely uncontroversial: deciding whether a religious ruling should carry the force of an American legal judgment is the civil court’s job.
A second injunction, however, transformed this commercial dispute into a constitutional controversy worthy of the Supreme Court’s attention. After Strulovitch summoned another investor, Moshe Bain, before a Brooklyn beit din, Bain asked Jamieson to bar proceedings in any other forum, “including any beis din,” which she did. In Jamieson’s view, the new beit din proceeding could encompass the same ownership disputes already before her court.
The beit din, however, viewed the order as a form of judicial overreach into religious matters. It thus issued a seruv — a religious contempt order that can expose its target to communal shunning — against Bain, citing the “chutzpah of enjoining [Strulovitch] from pursuing his Halachic rights.” The rabbis emphasized that the beit din had acted “of its own volition,” without any request from Strulovitch or his agents following Jamieson’s injunction.
Such a contempt order, of course, carries no civil legal force, but can have reputational consequences — and trigger social sanctions — within the Jewish community. Judge Jamieson nevertheless viewed the beit din’s actions as an attempt to circumvent her injunction and draw the dispute away from her court. She therefore ordered Strulovitch to “take all steps necessary” to have the beit din withdraw it, “including withdrawing the entire proceeding.” And while Strulovitch argued that intervening in internal rabbinical court matters violated the First Amendment, Jamieson concluded that the matters before the beit din were “not religious,” but commercial disputes that her court had authority to resolve under secular law.
It is here that the judge began to veer from her lane, causing Strulovitch to seek emergency relief from the Supreme Court. By requiring Strulovitch to seek reversal of a religious contempt order that has no civil consequences, the court moved beyond determining civil legal rights and into matters of religious practice. Participation in a beit din is both a means of resolving a commercial dispute and a religious requirement, which under Jewish law is no different than observing Shabbat or keeping kosher. Its commercial subject does not erase its religious significance. And under the First Amendment, it is the believer, not the state, who defines what his faith requires.
The key constitutional question is which authority gets to decide. Courts should decide legal questions, such as whether to enforce an agreement to arbitrate before a beit din or give its award the force of a legal judgment.
But questions of whether to pursue a case in beit din or religiously sanction a party for refusing to participate generally stand beyond the court’s authority so long as those decisions do not violate an independent civil legal right.
The same holds for a religious obligation to pay: A civil court can decline to enforce a beit din’s award, but whether Jewish law nevertheless requires payment remains a matter for the beit din. By demanding Strulovitch work to withdraw the seruv, however, Jamieson crossed into determining religious matters — precisely the sphere the First Amendment protects from judicial interference. That boundary makes this case worthy of Supreme Court inquiry: a judge can decide whether a religious ruling has legal force, but deciding what Jewish law counts as chutzpah is another matter.
For now, the Supreme Court has left those questions unresolved. Justice Sonia Sotomayor required Bain to formally respond to Strulovitch’s request — a sign that it warranted closer consideration. And while she ultimately declined to intervene, she left the door open for him to return once the case played out in the New York courts.
No doubt, as the beit din system grows, harder questions will emerge. But a good rule of thumb is this: Matters of religious doctrine, or of a party’s standing in a religious community, generally lie beyond a civil court’s reach, so long as they leave the party’s rights under American law untouched. Matters that affect those rights belong to the civil courts, even if they also implicate matters that Judaism considers religious. That is how these parallel legal systems can operate alongside one another — each staying in its lane.
(Both of us are affiliated with the Beth Din of America, which is not involved in this case.)
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