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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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The real Jewish story of Ceuta, Spain’s migrant-magnet neighbor to Morocco
For all of us who don’t know much about geography, international political crises are always welcome. Since the start of Trump 2.0, we have been discovering places we never knew existed, but now present existential threats. From straits — think Hormuz and Bab al-Mandab — to islands — whether Greenland or Heard and McDonald — we now have, along with higher gas and food prices, a better appreciation of our world.
Late last week, yet another obscure part of the globe was suddenly brought, this time without our president’s assistance, to the attention of western media: Ceuta. A city of approximately 83,000 inhabitants, Ceuta is ensconced on a peninsula which, though attached to the Moroccan coastline, is nevertheless under Spanish rule, even while it enjoys a significant amount of autonomy.
As we now know, Ceuta was also the magnet that, starting on July 30, drew about 72,000 young Moroccans who sought, mostly by swimming, to reach its beaches and, from there, perhaps reach Europe. That nearly 100 young men and women drowned in the effort — one that moreover proved naught for those who reached Ceuta as nearly all of them were obliged to return to Morocco — adds a heartrending chapter to the complex history of a city where tragedy has long mixed with comity.
Founded two millennia earlier by the Phoenicians, Ceuta was successively ruled by the Romans, Ottomans, Portuguese and Spaniards. In 1492, when the kingdom expelled its Jewish population, a few thousand crossed the Strait of Gibraltar to Ceuta, where they managed to avoid the bloody reach of the Inquisition. Yet they were not the first Jews to make their home on this tip of North Africa; as early as the 11th century, the Spanish-Jewish poet Abraham Ibn Ezra refers to the Jews of Ceuta in one of his poems. For the next few centuries, the small community lived in relative peace alongside its Christian and Muslim neighbors, a continuation, argues the historian Veronica Viviana Reyes, of the medieval “al-Andalus,” that brilliant and brief moment of cultural convergence between the three “peoples of the Book.”
Come the mid-20th century, the steadily dwindling Jewish community received reinforcements with the arrival of a few hundred Sephardic Jews who left their native Morocco in the wake of its independence from France. Earlier that century, several hundred Indians, mostly Sindhi, who were subjects under the British Raj also arrived in Ceuta, drawn by the city’s busy trading and commercial opportunities. Though the statistics are approximate — Spain does not require citizens to list their religion — about 58% of Ceuta’s population is Christian, 40% is Muslim, and the remaining couple of percentage points comprise its Jewish and Hindi communities. [ As a result, this ancient city attached by a thread of rock and soil to North Africa has accomplished a remarkable feat: the braiding of four distinct faith communities into what the locals call convivencia, or peaceful coexistence.
Yet, as last week’s event revealed, convivencia is a fragile thing. The influx of Moroccan youths on the beaches and streets of Ceuta, though over as quickly as it began, has become the gift that does not stop giving for the extreme-right media and politicians in countries bordering Spain. Marine Le Pen, leader of France’s ethno-nationalist party the National Rally, demanded that the French government “reinforce its border controls.”
Not to be outdone, her second-in-command, Jordan Bardella, warned that these “invaders will soon be on our streets.” Going a step further, the extreme-right prime minister of Italy, Giorgia Meloni, called for Spain’s suspension from the Schengen Accord—the guarantee of free movement of citizens across the borders of European Union nations — and resurrected immigration controls for Spanish citizens, although Spain does not share a border with Italy. (This geographical fact did not deter Mette Fredricksen, the prime minister of distant Denmark, from voicing her support for Meloni.)
Inevitably, the old chestnut of a Jewish conspiracy has also been resurrected. Public figures, ranging from antisemitic fantasist Candace Owens, through the former director of Human Rights Watch, Kenneth Roth, to the Spanish actor Javier Bardem, have posted or reposted wink-wink, nudge-nudge claims that Israel orchestrated the mad rush of Moroccans towards Ceuta. The reason cited for this nefarious feat is Benjamin Netanyahu’s desire to embarrass the Spanish prime minister, Pedro Sanchez, who has been one of the harshest European critics of the war in Gaza and a proponent of a more liberal immigration policy than his European peers. The Moroccan government’s irritation over Spain’s support of Algerian claims to the western Sahara makes this baseless claim seem more reasonable.
The political and rhetorical theatrics have little to do with reality. Europe is not being overrun by what Marion Maréchal, a politician to the right of her aunt Marine Le Pen, described as a “veritable invasion” by “hordes of young Moroccans.” Or, for that matter, what her Spanish homologue, Santiago Abascal, the leader of the extreme-right party Vox, insisted was “an act of war” against Spain and, by extension, Europe.
This frenzied response deliberately ignores the fact that not a single Moroccan migrant entered Spain — a strait, after all, runs between Spain and Ceuta — and have nearly all been returned by Spanish soldiers and police to Morocco. Tellingly, residents of Ceuta have also used the word “invasion,” but with greater nuance. As a journalist for Le Monde reported, none of the locals she interviewed described the Moroccans as enemies. Though frightened by the sudden and massive influx, they also understood the migrants were not seeking “to rob them,” but instead to find a better future. Besides, as one Ceutan, Rachel Gomes, observed, she has Muslim in-laws. “This does not make for problems. Four cultures exist here — Hindu, Jewish, Muslim, and Christian — that live together remarkably well.” If only a similar convivencia reigned among the members of the European Union.
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Ad for Republican Colorado governor candidate depicts Jewish opponent with horns
An attack ad on the Jewish Democratic candidate for governor of Colorado has depicted him with red horns, drawing condemnation from the state Democratic party — and the apparent approval of the Republican nominee.
Invoking an ancient antisemitic canard that Jews have horns, the ad, created in support of Republican nominee Victor Marx and circulating on various social media platforms, called the Democratic nominee and Colorado’s current Attorney General Phil Weiser “the next threat to Colorado.”
The Colorado Democratic Party said on Facebook that the graphic was “antisemitic and disgusting” and called on Marx to disavow it.
Instead, Marx engaged with a post on X accompanied by the image, calling on Republicans to stop attacking each other, “unite, stay focused, and win.”
Throughout his campaign, controversy has followed Marx, a minister and author who some have categorized as a Christian fundamentalist. Others have called him a fabulist. On the campaign trail, Marx has claimed to be the first American into Gaza during the war with Israel, boasted about performing exorcisms by phone and said his stepfather forced him to kill a man at the age of 7.
A fellow Republican party member also formally accused him of accepting unlimited campaign contributions through his online merchandise store.
The Marx campaign did not respond to an inquiry by the Forward.
Weiser, who attends a Conservative synagogue in Denver, defeated U.S. Sen. Michael Bennet for the Democratic nomination in July. He also did not respond to an inquiry.
Polls show Weiser with a sizable lead over Marx. The Colorado governor’s seat has been held by a Democrat since 2008, and term-limited incumbent Gov. Jared Polis is also Jewish.
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A retired judge needed four Torahs rescued from Indiana. So he called his rabbi. And his dentist.
Early on a Sunday morning in July a dentist pointed his black Toyota Sequoia south out of the Chicago suburbs, a rented box trailer swaying behind the hitch. In Champaign, Illinois, a rabbi who had spent the night at his mother’s house pulled onto the highway heading east. Their rendezvous: a century-old synagogue in Terre Haute, Indiana. Their mission: get the Torahs out.
Before the day was over, the operation would involve four Torah scrolls, a pair of towering brass menorahs, more than 100 boxes of books, one electric piano and — because even sacred missions deserve a victory lap — a round of golf.
The orders came from Arizona, where a 79-year-old retired judge, recovering from surgery, was running the operation by phone.
That would be Jerry Orbach, who splits his time between Scottsdale and Chicago and has made a second career of rescuing the remnants of shuls from across America. The walls of his Illinois shul, Northbrook Community Synagogue — where he serves as executive vice president — glow with stained glass he has salvaged from seven shuttered congregations across the Midwest.
So when Michael Brown, executive director of the Indiana Jewish Historical Society, called to say that the United Hebrew Congregation in Terre Haute had sold its building — and needed homes for nearly everything inside — Orbach knew exactly what to do, even if he couldn’t do it himself.
“We can’t get rid of Torahs,” he said. “We have to preserve them.”
He couldn’t make the trip. But he had a crew.
The crew
The whole operation was an in-house affair: all four men belong to Northbrook Community Synagogue. Orbach’s regulars are Dr. Michael Farr, 49, a dentist, and Farr’s best friend Jordan Ripstein, the shul’s gabbai and a violin maker who studied theoretical physics in college. The two have history. They once drove through the night to Kingston, New York, to rescue stained glass from a closing synagogue, smoking cigars and talking about life and music the whole way.
Last September, they hauled back 14 crates from the shuttered Beth Achim synagogue in Southfield, Michigan — towering 13-foot stained glass panels that now wait in the Northbrook basement for their next home.
But Ripstein was out of town. So Orbach turned to his bullpen and pulled out a rabbi.
Aaron Braun, 43, has led Northbrook Community Synagogue since it was founded in 2012 as a merger of three congregations — which makes him, in a sense, a professional preserver of shuls that might otherwise have disappeared. He is also long accustomed to his congregant’s obsession. “Everybody goes along with my meshugas,” Orbach said, using the Yiddish word for craziness. “I’m an old man, so they indulge me.”
Braun didn’t need convincing. “The chance to give Torahs a new home and see them brought back to life and used is one of the holiest endeavors we can pursue,” he said.
The extraction
The congregation they came to help is the oldest in Indiana still in continuous operation. This year, the United Hebrew Congregation celebrated 175 years in Terre Haute — a city whose Jewish community peaked at more than 1,000 people in the late 1940s, when Jewish families owned some 45 local businesses, including three of the four downtown department stores.
Today, the city’s Jewish population is estimated at just under 100. The Reform congregation, down to 45 member families, sold its building in mid-July. “We had to sell in order to continue operating,” said Scott Skillman, its immediate past president. The new owners have said they plan to use the building, known for its cavernous sanctuary and sweeping stained glass windows, as a wedding venue.
It is a familiar story across the state. Wendy Soltz, a Ball State University historian who led the Indiana Synagogue Mapping Project, has documented 66 purpose-built synagogues in Indiana dating back to 1865. Twenty-four have already been demolished.
The Terre Haute building held what the congregation couldn’t take to its smaller new locale. Nearly all of it was in the basement, down seven steps from a side door: four steps, a 90-degree turn, then three more. Farr worked a two-wheel dolly up and down that turn for more than two hours, stacking some 150 boxes of books in the trailer alongside two podiums and a pair of cast-brass menorahs, each more than six feet tall and about 150 pounds.
“We were a pretty sweaty mess,” Braun said.
When the crew opened the ark they found the four scrolls bare. In the tumult of moving out, the mantles had come off; someone had fashioned ropes of felt around them instead. “Not even gartelekh,” Braun said, referring to the sashes that traditionally bind a Torah.
The scrolls, the crew decided, would not ride in the trailer with the boxes. Braun laid them down across the back seat of his SUV and covered them with tallitot, the prayer shawls tucked around them so they couldn’t shift — “even, God forbid, in an accident,” he said. A Torah is the rare object Jews treat like a person: You stand when it passes. You kiss it as it goes by. If one is dropped, the whole congregation fasts. Braun drove north with four of them sleeping in his back seat.
Braun, examining what he could, was impressed by their condition: the calligraphy of at least three of the four looked to be in fairly good shape. The fourth scroll is a mystery: written in a slanted, old-fashioned hand, its lines ragged. “It’s not even full justified,” he said. “It’s wild.”
The getaway
The trailer was full. The Torahs were secure. And one more passenger had joined the convoy: a Yamaha Clavinova electric piano the Terre Haute congregation no longer needed, destined for Braun’s mother’s house in Champaign.
Which is how the getaway came to include a detour. The two men dropped off the piano, then headed to the golf course where Braun grew up playing and got in 18 holes.
“Dr. Farr played some of the best golf I’ve ever seen him play,” the rabbi said.
Farr, a beginner, doesn’t dispute it. “I had a good round. I definitely played better than I normally play,” he said. “Probably by virtue of the fact that we saved four Torahs that day.”
At some point a crop duster buzzed low over their cars — “a not unusual reality of downstate Illinois,” Braun said. Nobody flinched. It had been that kind of day.
Farr rolled back into the Northbrook parking lot around 10 p.m., where the synagogue’s president, Ben Resnick, was waiting in the dark to help unload. The boxes went into the social hall, stacked against the wall. The next morning, Farr was back at his dental practice — “the yank and pull,” as he calls it.
The social hall, though, is only a way station. The items aren’t necessarily staying at Northbrook; the congregation is a holding ground while Orbach hunts for their next home. He plans to call Nik Jakobs, the Jewish farmer building a synagogue in a two-acre cornfield in rural Illinois, about two hours west, to see if he wants any of the pieces for his sanctuary. He also will contact the Jewish Community Legacy Project, an Atlanta-based nonprofit that helps find homes for sacred objects from downsizing and closing congregations.
The sorting has already begun. Brown hopes any documents or photographs in the boxes will go to the Indiana Jewish Historical Society’s archives. A scribe is coming to examine the four scrolls and determine what repairs they need before they can be read from again.
Brown, who set the whole thing in motion with a phone call, sees it as “one of the few small happy threads from a sad story of Jewish decline in the crossroads of America.” He calls Orbach “an unsung Midwestern Jewish hero.”
Back in Terre Haute, the congregation is still holding services every Friday night, in space rented from a Unitarian church — a sanctuary with no crosses and, as it happens, a few Stars of David. “It’s not a closing,” Skillman said. “It’s just a shrinking of our footprint.”
And in Northbrook, four Torahs rest in the social hall. Orbach turns 80 in September. His crew is waiting for the next call.
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