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Queer yeshiva to publish first-ever collection of Jewish legal opinions written by and for trans Jews
(JTA) — In the midst of writing a 13-page analysis of a complex area of Jewish law, Rabbi Xava De Cordova found something she wasn’t expecting to see in the medieval-era sources: flexibility.
De Cordova is transgender and had long wondered whether she could feel a sense of belonging while studying reams of rabbinic writings on halacha, or Jewish law, which stretch back thousands of years and often prescribe different practices for men and women.
The laws of ritual purity, for example, prescribe specific behaviors for women on the assumption that they all menstruate. Trans women do not. De Cordova said that gap and others had her thinking, “I don’t really know if I can find a place for myself in this literature.”
But after digging into Jewish texts on the topic, De Cordova realized she’d sold the sages short: Medieval European rabbis were asking many of the same questions she was — and their answers reflected real-world complexity.
“I just found that the rabbis and the early halachic authorities’ understanding of niddah was so much more conceptual and vague and fluctuating than I ever realized before I started this particular work,” De Cordova said, using the Hebrew term for purity laws. Her conclusion: “Wow, there’s so much space for me within this literature.”
De Cordova’s realization is one of many that a dozen Jewish scholars and rabbis have had over the last year as they have scoured Jewish texts for guidance on how transgender Jews can adapt traditional rituals to their lived experience. Now, the group is preparing to release a batch of their essays, analyses of Jewish law called teshuvot, in hopes that they can inform the experiences of trans Jews who seek to live in accordance with traditional Jewish law.
The release of the essays comes at a time when lawmakers in dozens of states are targeting trans people and their rights, in some cases instigating fights that have heavily involved rabbis and their families.
In that climate, writing trans Jews into Jewish tradition “becomes an act of resistance because it’s about celebrating lives that are being demeaned and celebrating people who are being dehumanized in the public sphere,” said Rabbi Becky Silverstein, co-director of the Trans Halakha Project at Svara, the yeshiva founded in Chicago two decades ago to serve the queer community. The dozen rabbis and scholars are based at Svara and collectively form the Teshuva Writing Project.
Among the questions they have tackled: How could a trans man converting to Judaism have a bris, required for male converts? Is the removal of body tissue after gender-affirming surgery a ritual matter, given Jewish legal requirements for burying body parts? And is there a Jewish obligation, in certain cases, to undergo gender transition?
Just how widely their answers will be consumed and taken into account is a question. Most Jews who consciously adhere to halacha throughout their daily lives are Orthodox, and live in communities that either reject trans Jews or are reckoning with whether and how to accept them. Non-Orthodox Jewish denominations have made efforts to embrace trans Jews, but halacha is less often the starting point for most of their members. The Reform movement, the largest in the United States, expressly rejects halacha as binding.
Still, a growing number of Jews and Jewish communities strive to be inclusive while staying rooted in Jewish law and tradition. There are also a growing number of trans Jews who are connected to traditional communities, or who want to live in accordance with Jewish law.
“I think individual trans Jews who are not part of communities could use these teshuvot to guide their own decision-making,” said Silverstein, who was ordained at the pluralistic Hebrew College seminary. “We live in a time of religious autonomy in Jewish life, and where trans Jews actually are hungry for connection to tradition. And so they could use these teshuvot to help inform their own conversations.”
Organizations and initiatives such as the Jewish LGBTQ group Keshet; Torah Queeries, a collection of queer commentaries on the Bible; and TransTorah.org have created rituals, readings, blessings and customs for trans Jews, and Svara runs a Queer Talmud Camp as well as intensive Jewish study programs throughout the year. But until now, no collection of Jewish legal opinions has been published by and for trans people.
“Halacha has to be informed by the real lived experiences of the people about whom it is legislating,” said Laynie Soloman, who helps lead Svara and holds the title of associate rosh yeshiva, in an approach that they said the group had adopted from the disability advocacy community. “That is a fundamental truth about halacha that we are holding as a collective and taking seriously in the way we are authoring these teshuvot.”
The teshuvot will be published later this month, and follow a long tradition of rabbis setting halachic precedent by answering questions from their followers. Those answers are traditionally based on an analysis of rabbinic texts throughout history. They can address questions ranging from whether smoking cigarettes is permissible to the particulars of making a kitchen kosher for Passover.
Some Jewish legal questions tackled by the group at Svara had not previously been answered, such as how to mark conversion for someone who is male but does not have a penis. In other cases, accepted Jewish law pertaining to gender can be painful for those who are nonbinary or trans, either because the answer is not clear or because the law does not match up with contemporary understandings that gender and sex are distinct.
“[Those are] areas where trans people are sort of most likely to either feel lost themselves or be interrogated by their community. … And so they’re sort of these urgent halachic needs,” said De Cordova, who was privately ordained by a rabbi from the Renewal Judaism movement. “And 99.9% of the literature about them so far has been written by cis people, about us.”
De Cordova concluded that trans women are obligated in niddah, the ritual purity laws. In her teshuva, she provides several approaches to emulate the complicated counting cycle that tallies the days a woman is considered ritually impure following menstruation. She suggests using a seven- and 11-day cycle originally proposed by Maimonides, the 12th-century scholar and philosopher. De Cordova also suggests that the imposition of a cycle not based in biology means ancient and medieval rabbis had some understanding of womanhood as a social construct.
“There’s many cases in which the rabbis sort of choose to orient niddah around their understanding of women, which I would call the social construction of womanhood by rabbis, rather than observable physical phenomenon or actual women’s experience,” she said.
For De Cordova, the experience of writing about niddah provided her with new insights about some of the oldest Jewish legal texts on the subject.
“They’re flexible enough and sort of responsive enough that I can really find a lot of freedom and space in working with them,” she said of the ancient sources. “And that was just a really sort of wonderful and freeing transition to go through.”
Last year, the Conservative Movement approved new language for calling up a nonbinary person to various Torah honors. The rabbis behind the opinion consulted with groups serving LGBTQ Jews and synagogues centered on them, but acknowledged that they were imperfect authors.
“When my coauthors and I published the teshuva, we wrote in it that we are all cisgender rabbis and that we hope that, increasingly, halachic work dealing with nonbinary and trans and queer Jewish life and identity and practice will… come from queer rabbis and scholars themselves,” said Guy Austrian, the rabbi of the Fort Tryon Jewish Center, a synagogue in upper Manhattan. “And I think the publication of the first batch of teshuvot from the Trans Halakha Project shows that that process is underway, and I think that that can only be a good thing for the Jewish world.”
Scholars at Svara, the queer yeshiva based in Chicago, have served the Jewish LGBTQ community for two decades and are now creating the first written set of Jewish law by and for trans Jews. (Jess Benjamin)
Adding to the question-and-answer tradition of Jewish legal opinions means trans Jews will now have new texts to guide their religious practice, Silverstein said. Trans Jews, the writers of the opinions acknowledge, already have their own ways of performing Jewish ritual that accords with their lived experience. But they say that when it comes to Jewish law, informal custom without a sourced legal opinion is not enough.
“I want cis[gender] clergy to realize that there are resources written by and for trans people that they can turn to when they’re trying to help a member of their congregation,” De Cordova said.
The authors of the legal opinions applied to be part of the collective and come from a religiously pluralistic group, ranging in affiliation from Orthodox to Conservative to Jewish Renewal. They have varying expectations for how far-reaching the impact of the new legal opinions will be.
Mike Moskowitz, an Orthodox rabbi and the scholar-in-residence for trans and queer Jewish studies at Congregation Beit Simchat Torah, which serves the LGBTQ community, said the teshuvot could provide a model for observant Jews who are also trans.
“I think it’s significant in modeling what an informed conversation can look like, which hasn’t really happened in Orthodox publications,” said Moskowitz, who was not part of the collective that composed the teshuvot on trans Jews’ practice. “I hope this models what can be done in other movements. What’s been tricky is that every movement has a different understanding of what halacha means.”
Even within Orthodoxy, conflicting opinions already exist, in a reflection of how halacha has always operated. For example, Talia Avrahami, a transgender Orthodox woman, follows the opinion of the late Rabbi Eliezer Waldenberg, known as the Tzitz Eliezer, who ruled that a trans woman who undergoes gender affirmation surgery is a woman according to Jewish law. But Avrahami was told she could not sit in the women’s section of her synagogue, because the rabbi who the synagogue follows does not accept Waldenberg’s opinion. Months earlier, Avrahami had also been asked to leave her teaching job at an Orthodox day school after students and parents learned that she was transgender.
Avrahami declined to comment on the new teshuvot, citing restrictions set by her current employer.
Silverstein says some Conservative rabbis have expressed interest in using the opinions to guide practice in their own congregations. But he is less sure if they will be adopted in the Orthodox community, which is the target audience for most traditional literature on Jewish law.
“When it comes to the Orthodox community, I’m not sure I am bold enough to dream that these teshuvot specifically are going to be adopted,” Silverstein said. “I’m not even sure I know what that means. But it is my hope that they will permeate throughout the Jewish community, at least through the Modern Orthodox community.”
The scope of the opinions written by the collective extends beyond the trans community. The first batch of answers, for example, includes an opinion about how to increase physical accessibility to a mikvah, ritual baths used to fulfill some requirements of Jewish law.
“Judaism thrives and Torah thrives when people are bringing their life experiences to the text and asking their questions of the text,” Silverstein said. “That’s how new Torah is uncovered in the world. And that’s how Judaism and Torah has stayed alive through so much of Jewish history.”
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‘Remember the Liberty’ has become code for ‘Israel Is Evil’
The first tragedy of the U.S.S. Liberty attack is that it happened at all. The second is that Israel’s critics have weaponized it to spread hate.
When Rep. Thomas Massie of Kentucky stood on the House floor on June 8, the 59th anniversary of the attack, and called for a Congressional probe into the incident, he wasn’t seriously trying to bring the truth of some long-buried historical secret to light. Massie, who in 14 years never once brought up the U.S.S. Liberty on the House floor, was using the latest cudgel in the Israel-haters’ arsenal to level one last official blow at a country he loathes.
“I’ve got a call to action for everybody here,” said Massie, speaking of attack survivors who were in the audience, “Honor these individuals. Quit ignoring that they exist. Let’s have an investigation. It’s long overdue.”
Let’s put aside the fact that there have been numerous official investigations into what exactly happened on June 8, 1967, the second day of the Six Day War, when Israeli aircraft and torpedo boats attacked the Liberty off the Sinai Peninsula, killing 34 American service members.
These investigations concluded that the tragedy was a friendly-fire incident. The Israelis initially mistook the Liberty, an intelligence-gathering vessel, for an Egyptian warship. After the smoke cleared, they accepted responsibility, apologized and paid $12 million in compensation to the victims.
Of all the explanations, it’s perhaps the least satisfying but the most logical. During the Vietnam War, happening at the same time, an estimated 11% to 15% of casualties were from friendly fire.
Massie’s call for a new investigation would be more believable if he then didn’t go on to recite the alternative one-sided narrative of the incident long pushed by some survivors and now taken up with gusto by Israel haters Candace Owens, Tucker Carlson and others.
To them the attack was deliberate: The Israelis ignored the large American flag the Liberty was flying and began shooting.
“It was intentional murder by the country of Israel,” said Massie on the House floor, “either as a false flag operation or because they simply didn’t want anybody observing what they were doing that day.”
What Massie and his fellow conspiracy theorists are alleging is a crime, but none of them has sufficiently proven a motive. Why would Israel attack the ship of its most important and powerful ally?
The false flag theory — the idea that Israel wanted to sink the Liberty, blame Egypt or the Soviet Union for it and draw America into the war — makes no sense.
The war was all but won by June 8. Moreover, as the historian and former Israeli ambassador to the United States Michael Oren relates in Six Days of War, the Israelis actually stopped firing initially when they suspected the ship was American.
The Israelis sent helicopters to investigate, but heavy smoke obscured the ship. Meanwhile, as Israeli torpedo boats closed in, a U.S. Navy crewman, perhaps not hearing his commander’s orders, opened fire.
The Israelis, now convinced it was an enemy ship, unleashed torpedoes, killing 25 Americans.
Massie left all this out of his narrative. He quoted then-Secretary of State Dean Rusk, who said at the time, “the attack was, quite literally incomprehensible,” implying that a murky conspiracy underlay it all.
But he didn’t include the rest of what Rusk said: That what happened was “an act of military recklessness reflecting wanton disregard for human life.”
In other words, Rusk’s full quote doesn’t suggest intention, but gross carelessness, which is a far cry from premeditated murder. It was chaos, miscommunication, uncertainty, incompetence, fear — the fog of war.
But to Massie and others, there’s no need to establish a coherent motive for why Israel attacked its harmless friends, because in their minds that’s just who Israelis are.
If Massie wants another investigation, fine. But I find it hard to believe that any investigation that doesn’t find Israel guilty of murder in the first will ever satisfy him or the people for whom “Remember the Liberty” is shorthand for “Israel is evil.”
The post ‘Remember the Liberty’ has become code for ‘Israel Is Evil’ appeared first on The Forward.
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The real anti-Zionists are at the highest levels of the Israeli government
The fact that about half of young American Jews favor replacing Israel with a binational Israeli-Palestinian state is indeed a result of anti-Zionism — but not necessarily their own.
Instead, it’s a consequence of the Israeli government’s drive to radically increase Israeli control over the West Bank and Gaza. By ensuring that some 5.5 million Arabs increasingly live under Israel authority, Israel’s leaders have created the demographic reality of a binational state.
We can’t blame young American Jews for just acknowledging reality. Instead, it’s time to acknowledge that a movement to undermine Zionism has taken hold within the Israeli government.
If Zionism is the movement for a secure homeland for the Jews, then any forces that reject or undermine that homeland’s legitimacy or security are anti-Zionist. That includes the people whose positions and policies actively undermine the existence of a Jewish homeland.
The democratic Jewish state enshrined in the country’s Declaration of Independence has given way to something that looks a lot more like a herrenvolk democracy, in which democratic rights apply only to the dominant ethnic group. History has many examples of such arrangements, and — spoiler alert — they don’t end well for the majority. French Algeria until 1962, Rhodesia until 1980, South Africa until 1994 — all eventually faced one of three fates: negotiated transition to full democracy, violent collapse or ongoing instability and international isolation. To date, none have stabilized permanently.
Just recently Israeli Prime Minister Benjamin Netanyahu boasted that Israel will soon control 70% of Gaza, well beyond the 53% allotted to the country in the Gaza ceasefire framework to which Israel is still supposed to adhere.
When an audience member at his talk shouted out that Israel should take 100% of Gaza, Netanyahu responded, “First 70%. We’ll start with that.”
Then there’s the West Bank, where settlers tried to expel 2,000 Palestinians from a village south of Nablus earlier this month, and where settlers and an IDF soldier wounded nine Palestinians on a June 5 rampage through Hawara.
Since Oct. 7, 2023, Israel has established at least 59 new illegal outposts in the West Bank — compared to an annual average of seven in the preceding three decades. It has appropriated a record amount of land, and displaced more than 8,700 Palestinians through demolitions and settler violence.
There’s also East Jerusalem, where some Israeli Jews are actively trying to remove 20,000 Palestinians from the Silwan neighborhood.
Each act of seizure, harassment and expulsion is anti-Zionist. These Palestinians will not fade into Egypt or Amman or Los Angeles. Mass expulsion isn’t happening, and neither is mass immigration. A Jewish state is giving way to a state that is effectively equal parts Arab and Jewish — except the Jews have all the rights. As the anti-Zionists in the Israeli government seize control of more Palestinian land, they undo all of Zionism’s hard-fought gains. A nondemocratic Jewish state will be neither safe nor secure.
If this sounds like diasporic Jewish garment-rending over morality and Jewish values, it’s not. The people who live in a fantasy world are not those who point out the necessity of finding a way toward coexistence, but those who think Israel can survive and flourish if it trashes its founding principles and its democracy.
Logic and history are not on Israel’s side. No minority- or bare-majority-rule system over a large disenfranchised population has proved durable. I know from my many conversations with my fellow Jews who support a “Greater Israel” incorporating Gaza and the West Bank — or just want to ignore or get rid of Palestinians — that they think time, power or God will bend the iron laws of demography in Israel’s favor. History would beg to differ.
But what about the Palestinians, you might ask: don’t they bear responsibility? For decades of rejectionism and terror? For elevating kleptocratic and ineffective leaders? For glorifying violence and cheering on Hamas in its slaughter, kidnapping and rape of Israeli civilians on Oct. 7, 2023? For wanting, as many of them do, an end to Jewish sovereignty in the land?
Yes. Palestinian rejectionism and embrace of violence has been a disaster for Jews, as well as for generations of Palestinians. But those facts don’t change the demographic reality.
Of Americans Jews under 35, 51% support a binational state, according to a recent Jewish Voters Research Center poll. What they see is that there are 15 million people between the Jordan River and the Mediterranean Sea. About half of them are not Jews, much less Zionists, and one government is not just intent on holding and controlling all that territory, but well on its way to doing so. If a binational state already exists in practice, the best hope for the region, these young people are saying, is to accept that fact, and direct all our efforts toward making that state just.
They may be completely mistaken about the chances of that happening peacefully or even in their lifetimes, but they’re not the ones who got us to this point. The ongoing settlement of territories with a vast non-Jewish majority was the most anti-Zionist thing Israel could have done, and continues to do, and yet here we are.
The Jewish communal obsession with policing who is and isn’t a Zionist misses the larger point. The State of Israel exists. What’s in question is its character — whether it will be democratic and secure, or calcify into something modern history has repeatedly shown the world rejects.
Land comes with people, and demographics is destiny. A government intent on holding and controlling all the territory between the river and the sea is undermining Zionism from within.
The post The real anti-Zionists are at the highest levels of the Israeli government appeared first on The Forward.
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‘Odessa’ wants to use your empathy against you
The short film Odessa begins with what its director Harald Swinkels calls an “empathy trap.”
The film opens with a German couple and their young son hiking across the Dolomites; the woman seems anxious, the man much more energetic. They approach a church, where they are greeted suspiciously by the twins who take care of it, until they say the passcode: “Odessa.” They later try the codeword again with an innkeeper — but this time they are sent running as she calls on the village to attack them. It’s a heart-pounding scene as the family the viewer has been so closely tied to runs for their lives from a loud, angry mob.
Interspersed through the scenes of the family’s flight are blurry white and black clips of a hazy figure approaching a camera. Even with the obscured shot, the viewer can make out train tracks and recognize the setting as a concentration camp, a flashback to the world they’re leaving. It feels like your typical Holocaust film, showing the risks Jewish refugees faced at every turn and the way the trauma of the camps haunted them.
At the end of the film’s 20-minute run, however, the shadowy figure finally comes into focus. It’s the husband, but not in the striped clothes of a camp prisoner: He’s wearing an SS uniform and ordering twins to be placed in a separate line. He’s Josef Mengele.
“People take first impressions as character,” Swinkels told me in an interview. “That’s not character. You should look behind that.”
Contemporary politics inspired Swinkels, the founder of the Dutch production company Exosphere, to make the film.
“One of my most conservative friends started arguing that ‘these people’ should be kept in their own region, as he called it, and certainly not taken in by us,” Swinkels said, of debates over Syrian immigrants in the Netherlands. “And then we had this discussion about if you would feel the same about these refugees, if they look like him and me.”
Wanting to make a film about Northwestern Europeans fleeing led Swinkels to think about World War II. After an election in Denmark resulted in a right-wing shift in politics, he also became interested in exposing how charisma can hide someone’s darker nature.
Swinkels had long been interested in Josef Mengele, but when he discovered the Nazi’s duplicitous relationship with the kids in Auschwitz — survivors have testified that Mengele would bring them candy in order to gain their trust — that solidified him as the main character. The film features a quote from a Jewish prisoner forced to work for Mengele, Miklós Nyiszli, stating that the doctor “was capable of being so kind to the children” as he prepared to torture them and send them to their deaths.
“Arendt once called it the banality of evil,” Swinkels said. “But with Mengele, it’s even more dangerous because it’s the charm of evil.”
The bread crumbs leading to the family’s true identity are there for history buffs. Over the course of the film, we slowly learn their names — Josef, Irene, and Reif. “Odessa” was the American name for Nazi’s underground escape networks, although there is no historical consensus that this term was used by the Nazis or was an actual organization.
But the clues are easy enough to miss — by the time the audience learns these details, we have already formed assumptions that the protagonists of the story are likely Jews or members of another group persecuted by the Nazis.
The fact that Mengele had darker features and his wife had fairer ones adds another misleading layer. At one point, the wife abandons the journey and insists that it’ll be safer for the son to stay with her while the husband flees. It seems as though this is because she is Aryan and the husband isn’t. But, as it turns out, it’s because he is a wanted war criminal.
The short film also nods to a few other historical figures. One of the brothers at the church is named Alois, in reference to Alois Hudal, an Austrian Catholic Bishop who was a Nazi sympathizer and aided in the escape of several Nazi leaders, including Adolf Eichmann. He did not have a twin brother in real life, but this detail alludes to Mengele’s fascination with twins.
The inn-keeper who sets the village after the family, Frau Scholl, is named after Sophie Scholl, a member of the White Rose Nazi-resistance group, hinted at by white roses outside of her house in the film. They even shot the film in the Dolomites, the same mountain range Mengele crossed during his escape.
Swinkels noted that details like this can be easy to miss. “But I think you can still feel it, that we put so much detail in the film to make all these kinds of historical references,” he said.
He hopes that the film makes viewers think more carefully about charismatic figures.
“History has taught us that monsters don’t come dressed as monsters,” Swinkels said. “They come as protectors, visionaries, or loving fathers. And by the time we find that truth, it’s most often too late.”
“If a viewer walks out of Odessa and looks a little bit harder at the next person who charms them, and even better at the next person they’re about to vote for, then the film will have fulfilled its purpose.”
The short film Odessa is showing at the Tribeca Film Festival on June 13.
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