I think that’s right. In fact one of Rav Soloveitchik’s
most oft quoted statements on the subject is the Judaism is a religion of
obligations (duties) not rights. This is what Halacha is.
The common feature of these two statements is that it is
duty and not some other value whether legitimate or not – that determines
Judaism.
If I recall correctly - the Rav’s statement was made in response
to the issue of feminism (what used to be called women’s rights issues).
Feminism is a legitimate issue. Women should be given the
same rights as men. But when it comes to the values of Judaism rights take a
back seat to obligation. Obligation is what counts. Rights can only be exercised
in that context. If Judaism forbids a practice, no one has a right to permit it.
Not for themselves. Not for others. No matter how unfair it might seem. The
same thing is true for culture. No matter how positive or attractive culture is, that too
takes a back seat to obligation.
It is clear to me that if there is no obligation, there is
no Judaism. Someone who strongly identifies
as a Jew culturally but does not obligate himself to any Mitzvah requirement
cannot seriously perpetuate that version of Judaism. Jewish humor, Jewish food, Jewish music, Yiddish
theater, or even the Yiddish language are all obviously Jewish things. But does eating gefilte fish, make one a Jew?
The Reform Movement would have you believe that. They say
that if one lives like a Jew, then he is a Jew, regardless of whether he is observant. Not that they consider doing Mitzvos
unimportant. But they are only important culturally and not better or worse
than Yiddish theater for example. So that Yiddish theater and gefilte fish are
the same as eating Matzah on Pesach.
In theory one can just do all non Mitzvah related Jewish
cultural activity and be a Jew in good standing in Reform Judaism. This was also the ideal of the founding
fathers of secular Zionism. Halacha was not defining. It was the culture that
mattered. To the extent that rituals played any part was to the extent that they perpetuated the culture. To someone like Prime Minister Ben Gurion - the Torah learned in a Yeshiva was important only to the extent that it perpetuated Jewish culture. He
had no personal use for Halacha.
If that is the definition of Judaism, then there is no
Judaism. It is merely faddism. Once the
fad changes so too does the definition. The Jewish culture of a thousand years ago that is not based in
Halacha will hardly resemble the Jewish culture of today. In order for a
religion to maintain its longevity the way Judiasm has, there has to be a system
of absolutes that are immutable over time and are a continual part of our lives.
In Judaism, those absolutes are obligations given to us by the Torah. They are
called Halacha.
At the end of the day, culture has little to do with how we
define ourselves. To the extent that it has anything at all to do with it – is to
the extent that our religious practices have become part of our culture. The
reverse is obviously untrue. Culture does not determine Halacha. Nor do rights.
Heterodoxy seems to put a far greater emphasis on non
obligatory things like rights and culture. When they conflict with obligation -
rights and culture wins. This has given rise to 20th and 21st
century innovations by Heterodoxy that have changed the face of Judaism in
unprecedented ways.
But rights based activism is challenging Halacha even in
some Orthodox circles. The only difference between left wing Orthodoxy and Heterodoxy
is that the former still recognizes the primacy of obligations over culture or human
rights. But still - the Halachic envelope is pushed as far as it can be. It is
almost as if they are saying that Halachic obligations are an impediment to
human rights and our ability to enjoy the culture! But… let us hold our collective
noses and do what we must while pushing that envelope as far as we can.
That’s why we are seeing some very strange innovations in some
parts of the Orthodox world. But you can’t turn a camel into a horse no matter
how much you try. Let’s take Women’s Teffilah Groups as an example. I am not putting them down - but if you
want egalitarian Minyanim – Women’s Teffilah Groups don’t even come close.
In my view, this attitude is wrong. We need to have a far
more positive view of our obligations to God and not see them as impediments to
our rights or our ability to participate in the cuture. We need to re-prioritize what we see as important in our lives.
Halacha should be number one. Because that is the true key to our continuity.
