Jonathan Rosenblum has a fascinating article at cross-currents in which he expresses a dilemma. In a nutshell the question he asks is the following:
When a once totally secular neighborhood in Israel becomes inhabited by a super-majority of Charedim, should the Charedim now have right to force the neighborhood to operate only by Halachic standards? The specific example he gives is a community swimming pool.
At its inception it was a totally mixed swimming facility. When enough Charedim moved in they requested that there be separate hours for men and for women so that their own families could benefit. So far so good. But now that there is a super-majority there. 70% Charedim. Should they turn it into a totally separate facility?
It is one thing for a religious community to set up Halachic standards from the start. But is it OK or perhaps even an obligation to change things in a previously all secular neighborhood because they now have the power to do so?
Jonathan goes into some detail in to explaining the various points to be considered. Not feeling qualified to answer the question himself, he says:
The issues of how we relate to our non-religious neighbors and to Israeli democracy in general are not trivial, and they will not go away. They require the attention of our finest Torah scholars.
I lean heavily to not ‘shoving religion down people’s throats’ …and I think that was the intent of Chazan Ish as well. Here is how Jonathan expresses it:
The Chazon Ish writes that the din of mordim v’ein ma’alin for flagrant evildoers no longer applies in a period of hester panim. Application of the din today would only be viewed by the general public as an act of cruelty and violence. Rather than preventing breaches in the fence of mitzvah observance, as originally intended, its application would only result in further breaches (Chazon Ish, Yore Deah 2:16). In a similar vein, the Chazon Ish told a certain rabbi that he should allow Shabbos violators to be given aliyos. Today, when Shabbos violators are the majority, refusing to give them aliyos will not cause them to repent, and thus the migdar milsa is no longer in force.
It is also clear that there are circumstances in which we do not have to use every ounce of our coercive power. The Chazon Ish writes in one of his letters: “It is impossible to impose the authority of the Torah upon the masses. [O]nly through the select individuals among the people for whom Torah and mitzvos are their life and soul. . . is it impossible for the authority of Torah to be accepted, even in small measure” (Kovetz Igros III: 102).
I think this clearly tells us how to proceed in the above situation. But Jonathan still feels that we still need to ask ‘our finest Torah scholars’ If that’s true, the question in my mind is who exactly do we rely upon that is in the category of 'our finest Torah scholars'?
Do we speak to a R. Elyashiv? ...or do we speak to a Rav Lichtenstien? I’m not trying to say that they are equally qualified or that they have equal Torah knowledge. I’m not the one to judge that.
But Torah knowledge alone is not enough. Free access to a Posek and the ability to transmit all relevant information accurately to him… in a non biased way... is a necessary component for him to be able to Paskin correctly. Furthermore, a Gadol's Hashkafic orientation is a factor too. And that can easily result in two opposite Halachic decisions on the part of two very qualified Poskim. Who do we listen to then?
Since the fact that cases like this that can easily go either way depending upon whom you ask, one should err on the side of wining friends and influencing people. Allowing a mixed pool to continue that way even when a community has the power to close it will put our secular brethren at ease about the Torah world and can allow us to better approach them and influence their behavior toward the good.
On the other hand, by forcing the pool to eliminate mixed swimming altogether we are upsetting their applecart - and alienating them. Forcing this facility to change - just because we can - will not increase our own observance at all. Nor will it inspire any of our secular brothers to Halachic observance. In fact, the exact opposite will happen. They will find other places to go swimming and will resent the Torah world for forcing them to do that. What has been accomplished in the end?
When it comes to our fellow Jews we are indeed responsible to what ever extent we are able to teach them the beauty of the Torah way of life. That can only be done when there is a basis of good will, not when there is a ‘my way or the highway’ attitude. The latter is the opposite of Arvus… the Torah requirement that all Jews be responsible for each other. It is only through good will, kindness, and understanding that this can work. We need them to look at us and say, “Wow!” I want to be like that!
It is in our behavior to man, that we can inspire behavior to God.
