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‘Two Israels’: What’s really behind the judicial reform protests
(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park.
On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.
But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”
“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer.
I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.
Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.
Here are the emerging themes of weeks of protest:
Defending democracy
Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.”
For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”
Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”
“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”
Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.”
“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.”
A struggle between two Israels
Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz.
Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland.
“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”
As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.
(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)
Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.
Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”
Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)
And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”
The crises behind the crisis
Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”
Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik.
Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said.
Religion and state
Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”
What’s next
Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum.
David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”
Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis.
In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”
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The post ‘Two Israels’: What’s really behind the judicial reform protests appeared first on Jewish Telegraphic Agency.
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In a new opera, Tevye’s forgotten daughter takes the spotlight
For most, the story of Tevye the milkman is tumble-down, work-a-day Anatevka — and it’s a man’s world.
That the Sholem Aleichem stories situated the philosopher dairy deliverer outside of a shtetl, and even that he had two daughters beyond Hodl, Tseytl and Khava, is known to Yiddishists, but may be more obscure to musical theater fans.
Composer Alex Weiser and librettist Stephanie Fleischmann’s new opera, Tevye’s Daughters, which will have a concert performance March 19 at the Museum of Jewish Heritage in New York, is inspired by the story of Tevye’s second-youngest daughter Sphrintse, who took her own life after the failure of an arranged marriage.
Weiser, whose operas include a portrait of Theodor Herzl’s marital squabbles and the battle over a Yiddish dictionary, knew he was reckoning with a titan of American Jewish identity when he picked this material. That’s part of why he and Fleischmann were drawn to it.
“Fiddler itself is really in the popular imagination on the one hand,” Weiser said in a Zoom interview. On the other hand, as Tevye would say, the lesser known stories are ripe for exploration. Weiser and Fleischmann hope audiences will walk in with a certain familiarity, but come away recognizing something more nuanced.
Key to Weiser and Fleischman’s approach is a framing device of their own invention. Tseytl, Khava and Beylke recall the story of their sister’s death decades later, as old women in a cabin in the Catskills in 1964. That memory parallels the journey of Rose, Tseytl’s social justice-minded granddaughter, who marched on Washington to protest segregation and is breaking off her engagement after falling in love with a woman. (The actor who plays Rose doubles as Sphrintse; the older women also play their younger selves.)
“In a way, Sholem Aleichem’s story of Sphrintse is a kind of suppressed memory, culturally, for all of us,” said Weiser. “So we kind of dramatize that by having the sisters also kind of suppress this memory.”
What’s novel about Fleischman’s libretto is the way it shifts focus. It’s called Tevye’s Daughters, but Tevye is only a bumbling bit part, whereas in the Sholem Aleichem stories, he was the sole — and certainly unreliable — narrator. The plot, and the score, reflect the underexamined role of women.
On three occasions, his daughters interrupt a potential monologue to say “it’s not your story to tell.”
In writing the libretto, Fleischmann, who has written operas based on surrealists Claude Cahun and Marcel Moore and an adaptation of a story by Anahita Ghazvinizadeh, looked to the work of Yiddish poets like Kadia Molodowsky. The opera features songs underscoring women-led rituals like braiding challah and lighting shabbos candles. Centrally, it makes use of tkhines, private Yiddish prayers written for women who may not have known Hebrew.
“The sound of those prayers becomes something that’s really at the heart of the opera,” said Fleischmann, noting how the text was drawn from the archives at the YIVO Institute of Jewish Research, where Weiser is the director of public programming. “We had a lot of languages to draw from that were completely our own.”
Instead of a klezmer sound — or the American Songbook stylings of Fiddler composer Jerry Bock — Weiser’s music is more typically operatic (though there are clarinets). A vibraphone is used for the 1964 scenes and there are moments of solo violin that tip their hat to Fiddler, while not being of it.
The sonic quality, which pulses like water on the lake where Sphrintse drowned, hints at a hidden narrative. In the opera, Tevye’s daughter Beylke, who decides to stay single, is understood to be gay. Fleischmann and Weiser found interviews in the archives with women born around the time of Beylke, in shtetlach, explaining growing up queer in a rigid milieu governed by tradition.
For Fleischmann, writing these characters reminded her of her immigrant father, and how his “history of exile and resettling” carried through to the political involvement of the younger generation.
At a time of ICE raids, the opera, while it concerns a different community of immigrants, and a different time of political protest, is rooted in a past that feels familiar.
“We can talk today about how it speaks to a resurgence of activism,” said Fleischmann. “How are we going to move forward in the world if we don’t take up arms or use our voices?”
The opera argues that it is the very voices from history that were traditionally silenced that can speak the loudest to us now.
The post In a new opera, Tevye’s forgotten daughter takes the spotlight appeared first on The Forward.
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Man who stabbed Spanish tourist at Berlin Holocaust memorial sentenced to 13 years in prison
(JTA) — A Syrian man was convicted by a Berlin district court Thursday for stabbing a Spanish tourist at Berlin’s Holocaust memorial in February 2025. He was sentenced to 13 years in prison.
Identified only as 20-year-old Wassim Al M. under German privacy laws, the man was convicted on multiple charges, including attempted murder and attempted membership in a foreign terrorist organization, German media reported.
The man told police at the time of the arrest that he had wanted to kill Jews. A formerly unaccompanied minor who applied for asylum after arriving in Germany in 2023, he indicated that he was motivated by distress over the war in Gaza.
His victim was slashed in the neck and face, hospitalized and placed into a coma, and still is unable to work, the court was told.
During the trial, Wassim Al M. said he regretted his actions, but according to German media, the judges did not believe him, because at the time of his arrest, he made an Islamic State gesture.
Still, prosecutors did not pursue a life sentence per the victim’s request that Al M. eventually be able to lead a normal life.
The Memorial to the Murdered Jews of Europe is a memorial and public art piece featuring 2,711 slabs of concrete. It has been the target of antisemitic graffiti in the past as well as the epicenter of a debate over the appropriateness of selfies at solemn sites of Holocaust remembrance.
The post Man who stabbed Spanish tourist at Berlin Holocaust memorial sentenced to 13 years in prison appeared first on The Forward.
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If mollusks are kosher, the world can be your oyster
I’ve gone to work on an oyster farm on Block Island, a tiny dot of land midway between Long Island and Rhode Island, every May for the past few years.
If you are, like most people, unfamiliar with the mechanics of oyster farming, here’s what it looks like, at least on this farm. First, you toot around a saltwater pond in a glorified bathtub with a motor hanging off the back. From the boat, wearing chest waders, you hop in the water to unmoor dozens of giant floating mesh bags full of oysters from lines anchored in the pond. The bags are usually also bogged down with a mess of extraneous sea dwellers like kelp, mussels, green crabs and goopy creatures called sea squirts, so they’re heavy. You pile as many bags as you can into the boat, clamber back in — which is harder than it sounds, because your wader boots are probably stuck in the mud at the bottom of the pond — and bring those bags to a floating barge.
Finally, you dump the bag onto a muddy wooden table, pick out everything that isn’t an oyster, since all of those aforementioned sea critters will kill the prize bivalve, and chuck the extra stuff back into the pond. Then you hand-sort the oysters by size. You harvest ones that are big enough to eat — oysters take a few years to reach full size, and grow unevenly, so each bag always has a range of oysters — shovel the rest back in the bags, get back in the boat and tie them back onto the lines. Then you do it again. On a good day, you get through around 100 bags of oysters in a shift.
Bigger farms might have machinery to help sort the oysters; this farm does everything by hand. This may sound backbreaking, and it is, but it’s also a great break from desk work. A day spent out on the water doing repetitive physical labor is a kind of a reset. You can’t look at your phone with the wet, muddy oyster gloves on, and there’s barely service anyway. Plus you’d probably drop it in the pond, so it’s best not to try.

You may, at this point, notice that you’re reading a Jewish newspaper, that I’m a Jewish journalist, and that oysters are not kosher.
But what if I told you oysters were, in fact, kosher? That a rabbi once argued they are actually vegetables, by virtue of the fact that they “root” on rocks in the ocean? And that their shells are a form of scales, thus making them part of the kosher category of scaled and finned fish?
These are real arguments that were made around the turn of the 20th century by Rabbi Isaac Mayer Wise, the founder of Hebrew Union College in Cincinnati, the first American institution for Reform Jewish ordination.
The impetus for this Talmudic bit of logic was in large part a now-infamous feast that has come to be known as the “Trefa Banquet,” due to the amount of non-kosher food that was served. The menu included littleneck clams, shrimp salad, soft-shell crabs, a lobster bisque and frog legs in a cream sauce. Bordeaux wine and Champagne, also not kosher, were served alongside each course, and ice cream — real ice cream, made with dairy — followed with dessert, despite previous meat courses that included beef tenderloins and squab.
The occasion was a triple-header of religious Jewish events: HUC’s first ordination, a meeting of the Rabbinical Literary Association and the Union of American Hebrew Congregations, the previous name of today’s Union for Reform Judaism. And the discourse this meal set off about the place — or lack thereof — for kashrut in American Jewish life went on for years.
Despite the fact that oysters had not even been on the menu, in Jewish newspapers across the country, rabbis and laypeople wrote warring op-eds on the kosherness of oysters. Somehow, oysters became the symbol of what American Judaism would be. And, of course, what American Jews would eat.
The symbol of an oyster
I had never eaten an oyster until I lived in Seattle after college; for my first anniversary with a long-ago ex-boyfriend, we went to what was then the hottest restaurant in the city, an oyster bar. We were broke, but playing at a kind of sophisticated adulthood we hadn’t quite reached, and oysters seemed like the way to act out that sophistication.
Presented with a menu of oysters from across the country and not knowing where to begin, we got an array on the half shell, two each of a dozen types presented on a beautiful bed of ice with lemon and mignonette. Unsure how to slurp them out of the shell, I had to ask the waiter whether one chews oysters or just swallows. (You chew.)
The first one tasted like a stormy ocean, another buttery and mild, a third one sweet and meaty. They were evocative, like eating the memory of a day at the beach.
Oysters, if you haven’t had them, have terroir in the same way as wine does. Just as grapes take on the characteristics of the soil they grew in, oysters taste different depending on the water they came from; even though there are only a few different species of the bivalve, there are countless variations. East Coast oysters tend to be sharp and briny and refreshing, while West Coast oysters are usually creamy and sweet. But past that, each one is completely unlike the next.
One oyster I had from Maine tasted like pennies. (Maybe that doesn’t sound appetizing, but neither does petrol, yet aged rieslings are prized for their petrol notes.) I’ve had oysters that tasted delicately vegetal, like a cucumber, or deeply umami like a mushroom.

When the Trefa Banquet occurred, oysters were in vogue across the U.S. And the occasion was a lavish and sophisticated one, almost a coming-out party for American Jewry. It was, after all, the celebration of the first class of rabbis ordained in the U.S., proof to the country that Jews were here to stay, and a statement to the rabbis and Jews of Europe that these American Jews were just as good, just as learned, as their European counterparts. In fact, perhaps more so — they were creating a new model of Reform Judaism, leaving the Old Country’s ways behind for a modern, American image of what it meant to be a Jew. The menu had to be the pinnacle of refinement.
Plus, these Cincinnati Jews had a bunch of New Yorkers in from the big city to impress. In a 2005 paper published in The American Jewish Archives Journal, rabbi and historian Lance J. Sussman argued that the menu, which included numerous French misspellings, may have been the caterer’s attempt to appeal to what he imagined were the more elevated tastes of the event’s East Coast guests.
Of course they served shellfish.

In 1883, the year of the banquet, America’s Jews were largely German immigrants. (Though newer waves of immigration had begun to bring in more traditionally observant Russian Jews fleeing pogroms.) Some of them had been associated with the Haskalah in Europe, a progressive Jewish education movement that advocated for secular education, modern dress and assimilation into wider society. By and large, these Jews were urban, educated and middle-class, having left the shtetl Judaism of their elders behind when they left the village.
These Jews began to develop a modernized form of Judaism, largely based in Germany. They changed the liturgy, axing concepts they found backwards, such as the idea that, in a coming Messianic era, Jews would return to Zion and resume sacrificing animals in a restored temple. They recited prayers in German instead of Hebrew and lightened many of the restrictions involved in observing Shabbat, kashrut and festivals. They took on a Christian aesthetic, exchanging synagogue chanting for an organ and choir. Sermons emphasized universal ethical themes instead of Jewish rituals. Some rabbis even argued for allowing both intermarriage and eating pork, though these topics remained hotly debated.
Once imported to the U.S., this newfangled Judaism got more popular.
“Part of the Reform ideology is to get away from all of the laws, all the do’s and don’ts of Judaism, which are considered primitive and superstitions almost,” said Jane Ziegelman, a Jewish food historian and curator of food talks at the Tenement Museum.
Instead, these Reformers wanted to turn Judaism into a more introspective, morally and socially focused religion. And thanks to its roots in the Haskalah, science was core to this new, modern Judaism. Oysters made for a perfect example. At the time, bivalves were considered an aphrodisiac and a health food, and they were both plentiful and popular. (So popular, in fact, that they got over-harvested, which is one of the reasons they’re so expensive today; the mountains of shells from the oysters eaten by New Yorkers were so large they posed a sanitation challenge.) These modernizing Jews understood kashrut to be, fundamentally, about health and ethics, which meant that anything healthy should be kosher.

“The idea was that the unhealthy categorization of the oyster had been proven wrong by modern science,” said Ziegelman.
American Reform Jews saw kosher rules, which they dismissively referred to as “kitchen Judaism,” as a contrast to their more noble pursuit of an intellectual, moral and scientific Judaism. Embracing the oyster was a way to live out their ideals about assimilation, modernization and religious ethics.
“It was the oyster because of its prevalence in American food culture,” Ziegelman told me. “To adopt the oyster was seen as both acculturation — that you really were American — but also you really were a modern person. You weren’t relying on these old kashrut superstitions.”
The shellfish scandal
Not everyone waxes poetic about oysters’ subtle marine nuances so much as their textural similarities to mucus. Personally, I don’t get that — I find them silky, or buttery, or meaty — but I get that oysters can seem a bit gross, and not just because of their texture.
Though on the farm, the oysters float on the surface of the water in bags, they are, at least naturally, bottom dwellers. They’re also “filter feeders,” which means they filter water for their food. This makes them an excellent resource in cleaning up polluted waterways — the Billion Oyster Project in New York City works restoring oyster reefs to the rivers around the city to help clean them and encourage biodiversity. But that also means that oysters aren’t always safe to eat because they’re consuming whatever bad stuff there is in the water. They can purify themselves given enough time in clean water, but they get polluted easily by their environment, perhaps one of the reasons they were originally forbidden under the laws of kashrut.
And even when they’re from clean water, there’s a lot to manage to make them safe. My partner and I run an oyster shucking side hustle with some friends, popping up at bars and events and turning out trays of raw oysters on the half shell. Preparing for each event takes many hours. You have to scrub the mud off each shell with a stiff-bristled brush. Then, since you want your oysters alive until you eat them lest they spoil, you pack them in coolers on ice — but you can’t bury them in too much ice lest they freeze to death. And since they’re salt-water dwellers, you have to drain the coolers regularly to prevent them from drowning in the freshwater ice melt.
On top of that, as a saying goes, oysters are best in the months that contain the letter R — September through April. Some of that is because they are plumpest during colder months when they build up their fat stores. But some of it is because colder waters reduce the risk that a raw oyster will carry a virus or bacteria like Vibrio or norovirus.
Today, farms take the temperature of their water daily and regularly test it for bacteria, so raw oysters aren’t particularly dangerous, but you can still easily get food poisoning from a mishandled oyster. As much as I love them, they’re work. I understand that, to some people, they’re not worth the risk — spiritually or physically.

Perhaps the subversive and literal danger of the oyster is what led to the legend that rabbis at the banquet threw down their napkins and stormed out. The public flouting of kashrut, at a religious event, could symbolize the end of Judaism. The Highland House Affair, as the feast is also known, has become infamous among Jewish historians and rabbis in the century since it occurred as a moment of schism. But in fact, most contemporaneous descriptions of the event make no note of any drama around the menu.
An account of the feast in The New York Herald briefly mentions the non-kosher menu, but does not say that any of the attendees were upset — in fact, to the author’s palpable distaste, quite the contrary. “Instead of rising in a body and leaving the hall, they sat down and participated,” they wrote of the rabbis in attendance.
Only one account at the time, written in New York’s Jewish Messenger by Henrietta Szold (who would go on to found the Jewish women’s society Hadassah) observed that some attendees hadn’t partaken of the food, though, she noted, it was only “a surprisingly small minority.”
“There was no regard paid to our dietary laws,” she wrote of the catering, “and consequently two rabbis left the table without having touched the dishes, and I am happy to state that I know of at least three more who ate nothing and were indignant but signified their disapproval in a less demonstrative manner.”

Wise, the Hebrew Union College founder who had organized the meal, at first defended it, saying he had hired a Jewish caterer who regularly served a Jewish association and had no idea the meal served would not be kosher. Eventually, however, Wise and his supporters changed their strategy and began to defend the non-kosher components. They railed against the idea of kashrut; one rabbi argued that it was the perfect occasion to put “kitchen Judaism to the antique cabinet where it belongs.”
When the 500 members of the Free Sons of Israel, a Jewish fraternal order that Wise belonged to, gathered and supped on oysters, the rabbi reprinted the menu in the newspaper he ran, The American Israelite. He repeated the tactic when another Jewish fraternal order put oysters on a meeting menu. Jews were not accidentally consuming oysters, he pointed out. This was how Jews were eating, and why should they pretend otherwise?
Yet ironically, given his vociferous rejection of tradition, Wise also provided Talmudic arguments as to why the meal may have in fact been kosher; even as he chose assimilation he used Jewish wisdom to justify his choice. In the pages of The American Israelite, he argued “that the oyster shell is the same to all intents and purposes as the scales to the clean fish” and referenced both Moses’ and Maimonides’ statements on the topic. Elsewhere, he called the oyster an “ocean vegetable” to explain why it might be kosher. (Today many vegans take a similar stance; oysters have no nervous system and some vegans are more willing to consume the bivalves than they are honey.)
Others wrote back, citing their own raft of Jewish sages. One B. Younker wrote in to The Jewish Voice to reference Talmudic debates over what constitutes a scale, concluding that the oyster’s shell does not count.
But amid the debate, everyone else kept eating oysters. Sussman’s article in The American Jewish Archives Journal notes oyster-filled menus from the double wedding of two rabbis, a synagogue dedication and a banquet for a Jewish fraternal order; the last even used the same caterer as the Trefa Banquet. Apparently, there was something to that luxurious menu they planned — it was impressive enough to earn them repeat customers.
Today, many Jewish historians look to the Trefa Banquet as the beginnings of the Conservative movement in Judaism, as some of those horrified Jews rejected the idea of kosher oysters and decided they needed to develop a middle ground between the Reform and Orthodox movements. The debate the banquet set off over kashrut, as well as Wise’s liberal interpretations of Jewish law, concerned some Jews who wanted to protect tradition. Soon after the great oyster debate began, the Jewish Theological Seminary, the flagship institution of the Conservative movement, opened its doors as a place to retain some amount of tradition in text and theology.
Fishy Jewish cooking

In my time manning the pop-up, I’ve come to believe that shucking an oyster is an art form. First, there’s the basic problem of opening the oyster. Usually that means inserting an oyster knife at the narrow hinge of the shell — though some people shuck from the side — and wiggling until you feel the point of the knife settle in deeper. Then you lever the knife down to pop the shell, slice along the flat top shell to separate the oyster, and then scoop the knife underneath the oyster to sever the adductor muscle. Personally, I prefer a Duxbury-style knife, which comes to a sharper point, but many people prefer the more classic New Haven-style knife, which curves slightly at the tip, providing a bit more leverage and a bit less likelihood of stabbing yourself in the palm.
Every oyster is different, not only in taste, but in shape, so finding the right spot to pop open the oyster is difficult; it takes practice. And that’s just the first challenge. A well-shucked oyster must be clean, free of shattered shell or sand. Just as importantly, it cannot be pierced by the knife (“scrambled”) and should retain all the liquor inside the shell. Ideally, it’s served on pebble ice, not just cubes, so that it doesn’t tip over and spill.
There’s something meditative to running the oyster pop-ups, trying for the perfect shuck with every oyster. They’re rushed and busy and stressful — there’s always a line and shucking a dozen without scrambling or shattering is hard to do when you’re working fast. You have to reach a sort of zen state to fly through them, finding the right point on each shell to insert the knife, cleanly severing them from the shell and cleaning out any sand inside. No one wants that grinding sensation you get when you have a snack at the beach and feel the grit between your teeth. And you can’t appreciate the unique texture and taste of each varietal if they’re a scrambled mess inside.
The oyster should be a plump, pearly arc in the shell, with lacy frilled edges. It should be beautiful.
Apparently everyday Jews saw the beauty in the bivalve. They largely left the debates over kashrut to the pages of The American Israelite and continued to eat oysters by the bushel.
A 1911 blurb in the J. Jewish News of Northern California excitedly announced the beginning of oyster season, listing several of the area’s best “oyster houses,” as did Jewish newspapers across the country over the next few decades.
Jews even ran their own oyster stands. An 1892 article in the B’nai Brith Messenger wrote a brief piece marveling at the success of one Al Levy, whose Southern California oyster cart did so well he was able to open cafes and “cocktail rooms.” Despite Levy’s obvious disregard for kashrut, the piece notes that he “has been one of the most progressive, honored and beloved Jews in this community, popular alike among Jews and gentiles.”
Some of the most popular Jewish cookbooks from the era are full of oyster recipes, literally writing the bivalves into Jewish food history alongside kugel and latkes.
Aunt Babbette’s Cookbook, a Jewish cookbook that remained in print for 25 years, featured 11 oyster recipes in its fish section; the rest of the fish, all kosher, are given one preparation apiece. A dish that sounds an awful lot like kugel — though the cookbook doesn’t use that term — includes an option to add oysters. (Notably, other seafood like clams and shrimp are omitted from most Jewish cookbooks of the era.)

For all the enthusiastic embrace of oysters, though, there was still one line that wasn’t crossed: pork, which even the Trefa Banquet did not serve.
“The debate over selective kashrut centered on two issues: pork and oysters,” wrote Sussman, the rabbi and historian, and the line was drawn, for the most part, between the two. Pigs have long been a metonym for kashrut and Judaism, and centuries of antisemitic caricatures pictured Jews riding pigs. Eating pork, apparently, was instinctively understood by most American Jews as a step too far, a symbolic denial of identity.
The power of ‘kitchen Judaism’
The oyster has always been the perfect metaphor for American Jewish life.
There’s a Judaism of purity, hewing to the safety found in tradition: keeping kashrut, retaining a degree of separation from the rest of society. But most American Jews opted for a Judaism of experimentation, in which the rules get bent, reinterpreted and altered to adapt to the ways of a new culture and new country. It’s more dangerous; one might eat a bad oyster. But in the meantime one also gets to enjoy the good ones. Yet even as Jews debated how far Judaism could stretch and remain Jewish, they did so Jewishly. Even the Jews who, over a century ago, rejected Jewish tradition and embraced shellfish justified their choices with Talmudic citations and biblical exegesis. They used Jewish law to justify why Jewish law was wrong about the oyster. What debate could be more Jewish?
Food, since then, has become both more and less central to Jewish identity. Plenty of Jews now will eat bacon or ham, and a celebration of the Trefa Banquet’s centennial in 2018 served a menu of mostly pork, connecting to Judaism specifically through a rejection of its strictures. Kitchen Judaism has become aspirational instead of pejorative as food traditions have become a rich and beloved way to connect with Jewish identity. Meanwhile, the Reform tradition has actually tipped back toward kashrut observance; in 2001, at the Central Conference of American Rabbis, the Reform movement added in a recommendation that Jews follow “some element of Jewish dietary discipline.”

Through it all, the oyster has remained the perfect symbol of the decision confronting American Jews: How much should they assimilate to their new country, and how much tradition must they retain to stay Jewish?
This summer, I think I might have to miss the oyster farm; life has gotten in the way and I just don’t have the time. Still, I’m sure I’ll be shucking up trays for friends and customers somewhere (including at my Jewish wedding).
And most importantly, I’ll be carrying on the proud tradition of the oyster debate. I’ll admit that I don’t really buy the idea that shells are the same as scales, though I’m sympathetic to the idea that they should be categorized as vegetables. But the discussion I’m more interested in is how to eat them. The right answer is raw and plain. Maybe a drop of lemon. Maybe.
Cocktail sauce or horseradish or hot sauce, though? That’s heresy.
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