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Book bans, Ukraine and the end of Roe: The year 2022 in Jewish ideas
(JTA) — Jewish eras can be defined by events (the fall of the Second Temple, the Inquisition, the founding of Israel) and by ideas (the rabbinic era, emancipation, post-denominationalism). A community reveals itself in the things it argues about most passionately.
It’s too early to tell what ideas will define this era, although a look back at the big debates of 2022 suggests Jews in North America will be discussing a few issues for a long time: the resurgence of antisemitism, the boundaries of free speech, the red/blue culture wars.
Below are eight of some of the key debates of the past year as (mostly) reflected in the Jewish Telegraphic Agency’s opinion section (which I have a hand in editing). They suggest, above all, a community anxious about its standing in the American body politic despite its strength and self-confidence.
Antisemitism and the Black-Jewish alliance
The rapper Kanye West spread canards about Jews and power. Brooklyn Nets star Kyrie Irving shared an antisemitic film on Twitter. And comedian Dave Chappelle made light of both incidents on “Saturday Night Live,” suggesting comics like him had more to fear from cancellation than Jews did from rising antisemitism. The central roles played in these controversies by three African-American celebrities revived longstanding tensions between two communities who haven’t been able to count on their historic ties since the end of the civil rights era. The war of words was particularly vexing for Jews of color, like the rabbi known as MaNishtana and Rabbi Kendell Pinkney — who wondered whether “my mixed Jewish child will grow up in an America where she feels compelled to closet aspects of her identity because society cannot hold the wonder of her complexity.”
Jewish attitudes toward Ukraine
Russia’s war on Ukraine stirred up complex feelings among Jews. It led to an outpouring of support for the innocents caught up in or sent fleeing by Russia’s invasion, and the Jewish president who became their symbol of defiance. It reinvigorated a Jewish rescue apparatus that seemed to have been in hibernation for years. And it probed Jews’ memories of their own historic suffering in Ukraine, often at the hands of the ancestors of those now under attack.
Jews and the end of Roe v. Wade
In June the U.S. Supreme Court voted 5-4 to overturn Roe v. Wade. It was an unthinkable outcome for liberal Jewish activists, women especially, who for 50 years and more had regarded the right to an abortion as integral to their Jewish identity and political worldview. Before the decision came down, Jewish studies scholar Michael Raucher questioned long-held Jewish organizational views that justified abortion only on the narrowest of religious grounds without acknowledging that women “have the bodily autonomy to make that decision on their own.” Conversely, Avi Shafran of Agudath Israel of America welcomed the end of Roe on behalf of his haredi Orthodox organization, writing that the rabbis “who guide us indisputably hold that, absent extraordinary circumstances, terminating a pregnancy is a grave sin.” Responding to Shafran, Daphne Lazar Price, an Orthodox Jewish feminist, argued that even in her stringently religious community, getting an abortion is a “conscious choice by women to follow their religious convictions and maintain their human dignity.”
Colleyville and synagogue safety
A police chaplain walks near the Congregation Beth Israel Synagogue in Colleyville, Texas Jan. 15, 2022. (Andy Jacobsohn/AFP via Getty Images)
After a gunman held a rabbi and three congregants hostage at a Colleyville, Texas synagogue in January, Jewish institutions called for even tighter security at buildings that had already been hardened after the Pittsburgh synagogue massacre in 2018. And yet for some, the sight of armed guards and locked doors undermines the spirit of a house of worship. Raphael Magarik of the University of Illinois Chicago argued that the Colleyville incident shouldn’t lead to an overreaction, especially when congregations are struggling to come back together after the pandemic. Rabbi Joshua Ladon warned about the “impulse to allow fear to define our actions.” Meanwhile, Jews of color said armed guards and police patrols can make them feel unsafe. In a powerful response, Mijal Bitton and Rabbi Isaiah Rothstein of the Shalom Hartman Center wrote that Jewish institutions must think in “expansive and creative ways about how to fight for our combined safety in a way that takes into account the rich ethnic and racial diversity of our communities.”
Anti-Zionism, antisemitism and “Jew-free zones”
When nine student groups at UC Berkeley’s law school adopted by-laws saying that they will not invite speakers who support Zionism, the Jewish Journal in Los Angeles ran an op-ed with the provocative headline, “Berkeley Develops Jewish Free Zones.” In the essay, Kenneth L. Marcus, who heads the Brandeis Center for Human Rights Under Law, argued that “Zionism is an integral aspect of the identity of many Jews,” and that the bylaws act as “racially restrictive covenants,” precluding Jewish participation. Defenders of the pro-Palestinian students countered that groups often invite only like-minded speakers, and that while being Jewish is an identity, Zionism is a political viewpoint. Faculty, politicians and activists weighed in on both sides of what has become a central debate on campuses and beyond: When does anti-Zionism become antisemitism, and how do you balance free speech rights against the claims by some students that their personal safety hangs in the balance?
“Maus” and school book bans
A Tennessee school board voted to remove “Maus” — Art Speigelman’s epic cartoon memoir about the Holocaust — from middle-school classrooms. (JTA photo)
Caught up in an epidemic of book-banning were Jewish books for children and young adults, a list that includes “The Purim Superhero,” “Family Fletcher” and “Chik Chak Shabbat.” A Texas school board removed a 2018 graphic novel adaptation of Anne Frank’s diary. But perhaps the highest profile case of a Jewish-interest book being banned came when a Tennessee school board voted to remove “Maus” — Art Speigelman’s epic cartoon memoir about the Holocaust — from middle-school classrooms, citing its use of profanity, nudity and depictions of “killing kids.” Coverage of the ban misleadingly depicted “Maus” as an introduction to the Shoah for young adults, while Speigelman recently noted that he had become a reluctant “metonym” for the book-banning issue. Jennifer Caplan explained why the book is indispensable: “‘Maus’ forces the reader to bear witness in a way no written account can, and the [illustrations] are especially good at forcing the eye to see what the mind prefers to glide past.”
Artificial intelligence and real-life dilemmas
Artificial intelligence, or AI, has become a fact of corporate life, with computing advances that power robotic automation, computer vision and natural-language text generation. But what captured the public imagination — and dread — this year were sites like Dall-E, which threatened the livelihood of graphic designers by generating original, credible illustrations with no more than a simple prompt, and ChatGPT, which is able to expound cogently and humanly on practically any topic. Beyond everyday ethical dilemmas (“Can I write my book report using ChatGPT?”) AI raised profound questions about what it means to be human. “Rabbis have historically been very open to the idea of nonhuman sentience and have tended to see parallels between humans and nonhumans as an excuse to treat nonhumans better,” wrote David Zvi Kalman in an essay on the prospect of creating artificial life. Similarly, Mois Navon suggested in JTA that “if a machine is sentient, it is no longer an inanimate object with no moral status or ‘rights’ … but rather an animate being with the status of a ‘moral patient’ to whom we owe consideration.
A Pulitzer for “The Netanyahus”
Author Joshua Cohen won the 2022 Pulitzer Prize in Fiction for his novel “The Netanyahus.” (Roberto Serra—Iguana Press/Getty Images)
Joshua Cohen was the somewhat surprising winner of the Pulitzer Prize in Fiction for his novel “The Netanyahus: An Account of a Minor and Ultimately Even Negligible Episode in the History of a Very Famous Family.” Or maybe not so surprising: The book is a fictionalized treatment of a real-life visit in the late 1950s by the Israeli historian Benzion Netanyahu for a job interview at a university very much like Cornell. With Benzion’s son Benjamin angling for an ultimately successful return to office in real life, a satire about Jewish power, right-wing Zionism and Israeli self-regard might have seemed to the judges very much of the moment. As critic Adam Kirsch wrote in a JTA essay, Cohen concludes that both American and Israeli Jewish identities “are absurd, crying out for the kind of satire that can only come from intimate knowledge.” Others weren’t amused. Jewish Currents criticized the novel for being derivative of both Philip Roth and Saul Bellow, and the Jewish Review of Books said that the novel includes “a capsule history of Zionism that is so blatant a distortion that I just gave up.”
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The post Book bans, Ukraine and the end of Roe: The year 2022 in Jewish ideas appeared first on Jewish Telegraphic Agency.
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The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide
Can courts instruct a rabbinical court to withdraw accusations of chutzpah? This unlikely question was posed to the U.S. Supreme Court this month when a nursing home dispute offered a rare window into how American courts and rabbinical courts operate in parallel. The case illustrates how law – and life – get messy when one encroaches on the other’s authority.
The case centers on an ownership dispute over a New York nursing home, with millions of dollars at stake.
To resolve the dispute, one of the parties — Samuel Strulovitch — turned to a beit din, or rabbinical court, in Monsey, New York. Rabbinical courts across the United States regularly resolve a wide range of business disputes like this one. Beit dins have been growing across the U.S., with more locations, increasing caseloads, and a growing number of rulings popping up in civil courts.
Their popularity reflects two legal systems working together. First, Jewish law generally requires disputes between Jews to be resolved before rabbinical courts rather than civil courts — a rule that, like any good Jewish law rule, comes with plenty of exceptions and caveats. Second, American law treats rabbinical arbitration like other forms of commercial arbitration. When parties voluntarily agree to arbitration, a civil court will generally confirm the resulting “award,” giving it the force of a legal judgment. Going to a beit din thus serves two purposes simultaneously: satisfying a religious obligation and resolving a commercial dispute.
In this case, overlapping interests of multiple investors complicated matters. Strulovitch obtained an award from the Monsey beit din granting him an ownership stake in the nursing home. But the proceeding included Strulovitch and one co-owner, while other owners never agreed to submit the dispute to that beit din. That agreement matters to American courts because arbitration rests on consent, and a beit din’s award cannot bind parties who never agreed to its authority.
The result was more than two years of litigation in two civil courts and three rabbinical courts. That litigation ultimately wound its way before Judge Linda Jamieson of Westchester County, New York. Initially, she barred Strulovitch from confirming or enforcing the original rabbinical award while the court considered whether it affected the rights of investors who had never agreed to arbitration. The bar on civil enforcement was largely uncontroversial: deciding whether a religious ruling should carry the force of an American legal judgment is the civil court’s job.
A second injunction, however, transformed this commercial dispute into a constitutional controversy worthy of the Supreme Court’s attention. After Strulovitch summoned another investor, Moshe Bain, before a Brooklyn beit din, Bain asked Jamieson to bar proceedings in any other forum, “including any beis din,” which she did. In Jamieson’s view, the new beit din proceeding could encompass the same ownership disputes already before her court.
The beit din, however, viewed the order as a form of judicial overreach into religious matters. It thus issued a seruv — a religious contempt order that can expose its target to communal shunning — against Bain, citing the “chutzpah of enjoining [Strulovitch] from pursuing his Halachic rights.” The rabbis emphasized that the beit din had acted “of its own volition,” without any request from Strulovitch or his agents following Jamieson’s injunction.
Such a contempt order, of course, carries no civil legal force, but can have reputational consequences — and trigger social sanctions — within the Jewish community. Judge Jamieson nevertheless viewed the beit din’s actions as an attempt to circumvent her injunction and draw the dispute away from her court. She therefore ordered Strulovitch to “take all steps necessary” to have the beit din withdraw it, “including withdrawing the entire proceeding.” And while Strulovitch argued that intervening in internal rabbinical court matters violated the First Amendment, Jamieson concluded that the matters before the beit din were “not religious,” but commercial disputes that her court had authority to resolve under secular law.
It is here that the judge began to veer from her lane, causing Strulovitch to seek emergency relief from the Supreme Court. By requiring Strulovitch to seek reversal of a religious contempt order that has no civil consequences, the court moved beyond determining civil legal rights and into matters of religious practice. Participation in a beit din is both a means of resolving a commercial dispute and a religious requirement, which under Jewish law is no different than observing Shabbat or keeping kosher. Its commercial subject does not erase its religious significance. And under the First Amendment, it is the believer, not the state, who defines what his faith requires.
The key constitutional question is which authority gets to decide. Courts should decide legal questions, such as whether to enforce an agreement to arbitrate before a beit din or give its award the force of a legal judgment.
But questions of whether to pursue a case in beit din or religiously sanction a party for refusing to participate generally stand beyond the court’s authority so long as those decisions do not violate an independent civil legal right.
The same holds for a religious obligation to pay: A civil court can decline to enforce a beit din’s award, but whether Jewish law nevertheless requires payment remains a matter for the beit din. By demanding Strulovitch work to withdraw the seruv, however, Jamieson crossed into determining religious matters — precisely the sphere the First Amendment protects from judicial interference. That boundary makes this case worthy of Supreme Court inquiry: a judge can decide whether a religious ruling has legal force, but deciding what Jewish law counts as chutzpah is another matter.
For now, the Supreme Court has left those questions unresolved. Justice Sonia Sotomayor required Bain to formally respond to Strulovitch’s request — a sign that it warranted closer consideration. And while she ultimately declined to intervene, she left the door open for him to return once the case played out in the New York courts.
No doubt, as the beit din system grows, harder questions will emerge. But a good rule of thumb is this: Matters of religious doctrine, or of a party’s standing in a religious community, generally lie beyond a civil court’s reach, so long as they leave the party’s rights under American law untouched. Matters that affect those rights belong to the civil courts, even if they also implicate matters that Judaism considers religious. That is how these parallel legal systems can operate alongside one another — each staying in its lane.
(Both of us are affiliated with the Beth Din of America, which is not involved in this case.)
The post The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide appeared first on The Forward.
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Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’
(JTA) — U.S. Ambassador to Israel Mike Huckabee on Saturday condemned an attack in the West Bank by masked settlers on a Washington Post photographer. The attack, which also targeted Palestinians harvesting their olives, occurred Friday and comes amid a sharp rise in settler violence.
Heidi Levine, the Washington Post photographer who holds U.S. citizenship, described the attack to reporters from her hospital bed.
“I got jumped and I saw in the very beginning at least 25, maybe 50 of them, and I was on the ground and they were kicking me for like 10 minutes,” she said.
“We have called for a full investigation, arrest, and prosecution to the fullest extent of the law to whoever participated in this,” Huckabee wrote on X. “Attacking a female photographer is a despicable act of terror carried out by masked cowards. Dishonorable act of senseless violence.”
Israeli President Isaac Herzog also condemned the “shocking violence” and said he had called Levine to apologize. “I expressed my deepest sorrow to Heidi and apologized for what she went through. The despicable behavior of the perpetrators of this attack does not represent the citizens or the values of the State of Israel.”
Video footage from the scene shows masked settlers surrounding and attacking Levine. Some settlers at the scene were masked and carrying weapons. Palestinians can also be seen throwing stones toward the settlers.
A Palestinian was reportedly shot in additional clashes in the area. The Israel Defense Forces alleged in an official statement that soldiers “fired toward a suspect who ran toward them, carrying a sharp object and posed a threat.” Several vehicles were set on fire by the settlers.
Prime Minister Benjamin Netanyahu was equivocal in addressing the attack, stopping short of directly condemning the assailants.
He said that the circumstances in which Levine was allegedly assaulted “remain unclear,” while adding that “Israel unequivocally condemns violence against anyone.”
According to Netanyahu’s statement, “200 Arabs and far-left activists confronted approximately 40 Israeli youths.”
“We will not allow disputed incidents to be exploited to demonize the hundreds of thousands of law-abiding Jewish residents of Judea and Samaria,” the statement said, using the biblical names for the West Bank.
Netanyahu faces elections in less than two weeks and can ill afford to alienate his far-right coalition partners who are aligned with extreme settler factions.
Israeli opposition leader Yair Lapid, by contrast, issued a forceful condemnation of the attack and linked it to the policies of Netanyahu’s government.
“Jewish terror attacks, this time targeting a Washington Post photographer as well, are not a failure of the government — they are the government’s policy,” Lapid said.
“We will put an end to this. It is a disgrace to the State of Israel, a disgrace to the Jewish people, and a disaster on the international stage,” he added. Settler violence against Palestinians in the West Bank has surged since the Oct. 7, 2023, Hamas-led attack on Israel. Netanyahu’s government has sought to downplay the phenomenon, often portraying the perpetrators as a small group of violent youths. But numerous figures in Israel’s political and security establishments have warned that the violence is a broader and dangerous phenomenon.
Levine told reporters the settlers forcibly took her equipment. “All I remember afterwards is that Palestinians managed to come and rescue me and try to carry me, and then an ambulance came,” she said.
The IDF acknowledged the incident in an official statement, saying that “a female journalist was injured” during a “confrontation.” The military said troops dispersed those involved and that “details of the incident will be examined.”
“Violence against innocent civilians is a grave and intolerable phenomenon that requires a coordinated, multi-agency response. The IDF will work together with the relevant authorities to eradicate this phenomenon,” the military said.
The IDF did not announce any arrests in connection with the attack. Settler violence against Palestinians in the West Bank has frequently gone unpunished, with many such incidents resulting in no arrests.
The Foreign Press Association, which represents international media in Israel and the Palestinian territories, condemned the attack, saying Levine was “badly beaten by Israeli settlers” and had sustained moderate injuries.
“This is the latest in a long line of violent attacks by Israeli settlers against journalists and other civilians in the occupied West Bank. Yet our repeated calls for action to confront this lawlessness have been ignored by Israeli authorities,” the association said.
Matt Murray, executive editor of the Post, issued a statement calling for an investigation. “While we are relieved that Heidi has received medical care and is safe, we are outraged by this unwarranted attack on a journalist doing her job and urge a thorough investigation and follow-through from authorities,” Murray said.
The post Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’ appeared first on The Forward.
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As Netanyahu loses support before election, Ben-Gvir rises in polls
(JTA) — RAMLA – Prime Minister Benjamin Netanyahu and the parties in his coalition seem to be losing support heading into Israel’s first election since Oct. 7 – with one exception. Otzma Yehudit, headed by Minister of National Security Itamar Ben-Gvir, is seeing a rise in the polls.
Ben-Gvir’s growing popularity ahead of the Oct. 27 election was on full display on a recent weekday when the far-right politician, surrounded by a massive entourage of security guards, police and flag-waving fans, made his way through the central Israeli city of Ramla’s marketplace.
Yet, amidst the cheering and celebration, the extreme nationalism that has contributed to his meteoric rise through the ranks of Israel’s political system – and made Ben-Gvir a household name even beyond Israel’s borders – also drew ire and deep-seated fear in this city known for its mixed Jewish-Arab population.
“Here comes the next defense minister,” a gaggle of teenage boys in matching Ben-Gvir T-shirts chanted as the minister walked through the market, greeting shoppers and stallholders begging for selfies. Ben-Gvir has his sights set on being Israel’s next minister of defense, a huge promotion from his current role managing internal security.
At several of the stalls, the controversial minister stopped to embrace vendors. At a pickle stand, he sampled olives. At a candy store, the owner joyously threw handfuls of small candies over the passing group. And at a juice stand, Ben-Gvir and his entourage were treated to complimentary cups of lemonade.
The minister, elated by the welcome, smiled and waved at passersby, grabbing phones to take selfies, and even chatting with excited fans on video calls.
Beyond the celebration in Ramla, however, Ben-Gvir has been condemned in Israel and beyond for calling for the expulsion of Gazans and using dehumanizing language about Palestinians. A disciple of Jewish extremist Meir Kahane, he for years kept a photo of Baruch Goldstein, who mowed down Palestinian worshippers at a Hebron mosque, in his living room.
It is not only his rhetoric and symbolic gestures that have drawn polarizing admiration and anger. During his four years as national security minister, Ben-Gvir has actively downgraded conditions in Israeli jails, pushed through a law establishing a death penalty for Palestinian terrorists and has led the police during the proliferation of settler violence against West Bank villagers.
These measures have earned opprobrium abroad, but they appear to be winning votes. His supporters are ever more impressed with how he puts his words, and paperwork, into action – and shares it proudly on TikTok.
Polls published this week show that even as Netanyahu and his coalition partners are losing votes to the opposition bloc led by former IDF chief Gadi Eisenkot, Ben-Gvir is getting more. Otzma Yehudit, translated as “Jewish Power,” is predicted to increase from its current six seats to as many as nine.
On the ground, in the marketplace in Ramla, Ben-Gvir’s visit drew extreme reactions ranging from sheer joy to pure anger.
“I love Ben-Gvir,” gushed Hodaya Nabara, 52, who seconds before snapped a selfie with the politician. “He does what he says he will do.”
A resident of southern Israel, Nabara said she was most impressed by how he had ordered the demolition of illegally built homes, in some cases whole villages, built by the burgeoning Israeli Bedouin population, in the Negev region where there is little oversight of construction, and where Bedouin say the government neglects their needs.
“They need to know there is a red line and they can’t do whatever they want,” she said.
But as the entourage passed by Michal Sharabi, the 53-year-old began hurling insults at him and shaking.
“I can’t stand him at all, because of him there is no peace in this country,” she told JTA after calming down. “He is a lowlife, and the people going with him don’t believe in themselves. Is he not embarrassed to come to this city, where Jews and Arabs live together … It’s a chutzpah. I’m furious.”
In a nearby grocery store, a mixed group of Arabs and Jews frowned at the unfolding spectacle.
“We don’t like being defined as Arabs or Jews; we are ‘Ramlaim’ (residents of Ramla),” insisted Uri, who said he was Jewish but declined to give his full name. “We are all neighbors here, and he is making people fight.”
His friend, Hamudi Abu Ghanam, said Arab residents of the city like him were impacted by the events of Oct. 7, 2023, when Hamas launched deadly raids inside Israel, just like the Jews, and many came to help out but that Ben-Gvir still incited against them.
“He is racist,” he said. “Since Oct. 7, we are all against Hamas, and instead of saying thank you, he comes and destroys people’s homes.”
Ben-Gvir’s stop in Ramla struck a particular nerve because the city, which is about 78% Jewish and 22% Arab, was a central point of tension in 1948 when Israel was created. For Arabs, the evidence of the Nakba, which Palestinians call the “catastrophe” of Israel’s creation that displaced the local Palestinian Arab population during its war of independence, is all around in ruins.
At one point on his jaunt through the market, two Arab girls donning traditional hijab headcoverings hovered nearby, but they quickly made a U-turn when they realized who was at the center of the commotion.
Some Jewish onlookers pointed to his theatrics as reasons they were unimpressed by him. Benny Muhtar, 68, a Jewish resident of Ramla, told JTA he thought Ben-Gvir was full of “hot air” – a populist with no substantial policies.
“Look at the young men surrounding him; they are making a lot of noise like this is a serious campaign … that is what is making the people look up and take notice, but none of it is real, and he is doing a lot of damage,” he said.
Others enjoyed the spectacle but, with less than two weeks to go until casting their vote, were still unsure whom they would choose.
“He’s done a lot of really good things,” said Edna Mahbesh, 65, who was handing out the free lemonade. “I really hope he is successful in the election.”
But she was not sure if she would actually vote for him.
“I’ll decide that next week,” she said.
Arbel Flehandler, 19, a first-time voter, stood on the side, watching in awe as the politician passed by.
“He is really good and does a lot of good things,” he said. “I am definitely going to vote for a right-wing party, but not sure if I will vote for him or not. This is my first time, and I am still thinking about it.”
Zehava Perets, 80, said the reactions to Ben-Gvir showed just how polarized Israel is right now.
“It is such a shame there are so many divisions,” she said. “I really don’t know who I will vote for … There are a few good people in each bloc, but it is impossible to get them to work together.”
Liron Lavie, an assistant professor in the Department of Political Studies at Bar-Ilan University, said the extreme reactions for and against Ben-Gvir “speaks to how politics works these days” – as politicians “connect with the electorate through emotional reaction and a sense of pride or fear.”
She said Ben-Gvir should be viewed as part of the “larger global trend where far-right parties are getting stronger.”
Lavie assessed that Otzma Yehudit benefited from the growing appeal of providing simple solutions and simple messaging – and that Ben-Gvir was especially effective on social media platforms such as TikTok.
“At the end of the day, people prefer simple messages,” said Lavie.
She also said that Ben-Gvir, despite being in the government on Oct. 7, had successfully distanced himself from that fact and positioned himself as a strong alternative to Netanyahu on the right.
“Likud and Netanyahu are losing ground,” she said. “They are being criticized about how they managed the situation, either from the center and left or from the right, allowing voters to go to Ben-Gvir, who was able to position himself as an [alternative] to Netanyahu from the right.”
This article originally appeared on JTA.org.
The post As Netanyahu loses support before election, Ben-Gvir rises in polls appeared first on The Forward.
