Podcast appearances and mentions of Michael J Broyde

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Best podcasts about Michael J Broyde

Latest podcast episodes about Michael J Broyde

Yeshiva of Newark Podcast
Tshuvos and Poskim-Milchemes Mitzvah - The Intersections of Jewish Law, International Law and The Laws of War-with Rabbi Michael J.Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later Nov 5, 2023 41:57


An extended treatment of this topic by Rabbi Broyde in a groundbreaking essay can be found here “For everything there is a season, and a time for every object of desire under the heavens. … A time to be silent and a time to speak. A time to love and a time to hate.A time for war and a time for peace” (Koheles-3:1 and 3:7-8).….. Indeed, there is a time to speak of war and of peace and a time when political and military considerations augur for silence…. determination of the halakhic propriety of any Israeli incursion is contingent both upon accurate analysis of points of fact as well as resolution of questions of Jewish law. Nevertheless, it is beyond dispute—both as a matter of fact and as a matter of Halakhah—that, once hostilities have commenced, Israel must prevail because the State of Israel cannot afford the luxury of losing a war. Military defeat would assuredly entail the loss of a countless number of Jewish lives. When such threat looms, military action assumes the guise of a “Milchemes Mitzvah” “to deliver Israel from the enemy”.Under such circumstances any action—indeed any word—that gives support to the enemy is an action that endangers Jewish lives…” Rabbi J.David Bleich Contemporary Halachic Problems Volume 3-Part 2-Chapter 11 The Issur Ben Tzvi Hersh Tshuvos and Poskim Shiur was honored to present  one of the leading Jewish scholars of our day Rabbi Michael J.Broyde  professor of law at Emory University School of Law  senior fellow and projects director  at the Center for the Study of Law and Religion who at this dark difficult time in our history discussed through a Torah and secular lens Milchemes Mitzvah The Intersections of Jewish Law, International Law and The Laws of War Rabbi Michael J. Broyde is professor of law at Emory University School of Law and senior fellow and projects director at the Center for the Study of Law andReligion at Emory University. Broyde's Semicha (yoreh yoreh ve-yadin yadin) was obtained in 1991 from Yeshiva University ,he was a Dayan of the Beth Din of America, where he also served as Menahel . He was the Founding Rabbi of the Young Israel of Atlanta. In addition to his many books, Broyde has written more than 250 articles and book chapters on various aspects of law and religion, Jewish law, and religious ethics, as well as an often-cited article on impeachment in theHarvard Journal of Law and Public Policy.He has written on military ethics from a Jewish law view, marriage and divorce in the Jewish tradition, bioethical dilemmas from a religious view, women's rights in the Jewish tradition, the general relationship between secular and Jewish law in its many different facets. A list of his works may be found on hiswebsite.Broydehas been a visiting professor at Stanford,Hebrew University,and most recently theUniversity of Warsaw Law School in Polandand in theInterdisciplinaryCollege of Lawin Herzliya,Israel.He received a juris doctorfrom New York University and published a note on its law review. He also clerked for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate

Yeshiva of Newark Podcast
Tshuvos and Poskim- Accommodation or Resistance?-Are Jews Obligated to Encourage the Observance of the Noachide laws by Gentiles?-A Review by Rabbi Michael J. Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later Feb 7, 2023 29:48


Yeshiva of Newark Podcast
Tshuvos and Poskim-“How is this day different from all other days?” Listening to the Four Answers -Thanksgiving: The Complex and Contradictory Tshuvos of Rav Moshe Feinstein-with Rabbi Michael J. Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later Nov 27, 2022 43:03


On Rosh Chodesh Kislev The Issur Ben Tzvi Hersh Tshuvos and Poskim Shiur was honored to present a special Thanksgiving Day lecture by The person who trail blazed modern research of National Holidays and crafted what has become a classic approach for many Modern Orthodox Jews in celebrating the magnificent gifts this country has bestowed upon our community one of the leading Jewish scholars of our day Rabbi Michael J.Broyde  professor of law at Emory University School of Law  senior fellow and projects director  at the Center for the Study of Law and Religion he focused on the opinion of the  Posek HaDor HaAvar for American Jewry and beyond Rabbeinu Moshe Feinstein ZTVK”L “How is this day different from all other days?”  Listening to the Four Answers Thanksgiving:  The Complex and Contradictory Tshuvos of Rav Moshe Feinstein  Rabbi Michael J. Broyde is professor of law at Emory University School of Law and senior fellow and projects director at the Center for the Study of Law andReligion at Emory University. Broyde's Semicha (yoreh yoreh ve-yadin yadin) was obtained in 1991 from Yeshiva University ,he was a Dayan of the Beth Din of America, where he also served as Menahel . He was the Founding Rabbi of the Young Israel of Atlanta. Rabbi Kivelevitz discusses with Broyde aspects of his newest work Settingthe Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein's Arukh HaShulhan(co-authored with Shlomo Pill of the Center for the Study of Law and Religion) .The conversation serves as a cogent explication of how the Aruch HaShulchan differs essentially from the Mishna Brurah in aims and methodology. Rabbi Broyde's most recent books are Sex in the Garden: Consensual Encounters Gone Bad in Genesis(Wifpf & Stock, 2019),Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West(Oxford Press, 2017) andA Concise Code of Jewish Law for Converts(Urim, 2017). In addition to his many books, Broydehas written more than 250 articles and book chapters on various aspects of law and religion, Jewish law, and religious ethics, as well as an often-cited article on impeachment in theHarvard Journal of Law and Public Policy.He has written on military ethics from a Jewish law view, marriage and divorce in the Jewish tradition, bioethical dilemmas from a religious view, women's rights in the Jewish tradition, the general relationship between secular and Jewish law in its many different facets. A list of his works may be found on hiswebsite.Broydehas been a visiting professor at Stanford,Hebrew University,and most recently theUniversity of Warsaw Law School in Polandand in theInterdisciplinaryCollege of Lawin Herzliya,Israel.He received a juris doctorfrom New York University and published a note on its law review. He also clerked for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate

Yeshiva of Newark Podcast
Tshuvos and Poskim-Why Are Women Obligated in Some Time-Bound Positive Commandments Yet exempt from Others?-A Conversation with Rabbi Michael J. Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later Sep 2, 2022 50:01


The Issur Ben Tzvi Hersh Tshuvos and Poskim Shiur Was honored to present a lecture by one of the leading Jewish scholars of our day Rabbi Michael J.Broyde  professor of law at Emory University School of Law  senior fellow and projects director  at the Center for the Study of Law and Religion Why Are Women Obligated in Some Time-Bound Positive Commandments Yet exempt from Others? A Review of the Scholarly Rabbinic Literature on the subject  and a Proposal for a New Approach Read Rabbi Broyde's article here

Yeshiva of Newark Podcast
Tshuvos and Poskim-Chayeh Olam Nota-Applying Immutable Principles to a Modernity Completely Grasped-The Four Pillars of Rav Nota's Greatness-with Rabbi Michael J. Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later Apr 1, 2022 40:39


The Issur Ben Tzvi Hersh Tshuvos and Poskim Shiur Continued its series חיי עולם נטע בתוכנו Highlighting the Talmudic Thought and Psakim of הרב הגאון נטע צבי גרינבלט שליט'א אב בית דין  מעמפיס Rav Nota Tzvi Greenblatt Talmidבריאה בעלא טופולסקי

Yeshiva of Newark Podcast
On Principle-Challenges in Jewish Education -Episode 52-with Rabbi Doctor Michael J. Broyde-Talking Turkey in an era of Increased Anti-Semitism :The Enduring Importance of Celebrating Thanksgiving

Yeshiva of Newark Podcast

Play Episode Listen Later Nov 26, 2021 42:39


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Not a Rabbi
S3E7 - Who Will Play Me in the Movie?

Not a Rabbi

Play Episode Listen Later Nov 13, 2021 45:53


Episode Notes news articles https://www.timesofisrael.com/who-can-play-a-jew-celebs-claim-double-standard-over-onscreen-representation/ https://www.timesofisrael.com/uk-actor-faces-relentless-abuse-for-playing-jewish-character-in-bbc-series/ https://www.nytimes.com/2021/10/11/arts/television/mayim-bialik-jeopardy.html > Bialik(once) blogged about donating money to buy bulletproof vests for the Israel Defense Forces.” https://www.thewrap.com/when-actors-prey-elderly-58131/ https://www.washingtonjewishweek.com/the-good-the-bad-and-the-ugly-of-non-jews-playing-jews/ question time > 1. is there any special relationship between Judaism and Halloween? > 2. I'm not quite sure what I mean by special but... is it ever frowned upon to participate? Rabbi Michael J. Broyde's view If you have a question or comment visit http://www.notarabbipod.com/contact/ and send it to me. Support Not a Rabbi by contributing to their Tip Jar: https://tips.pinecast.com/jar/not-a-rabbi This podcast is powered by Pinecast.

Yeshiva of Newark Podcast
On Principle-47-Rabbi Moshe Dovid Tendler-The Most Important Contribution-The Unbreakable Relationship Between Torah and Science with Rabbi Michael J. Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later Oct 12, 2021 33:26


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Yeshiva of Newark Podcast
Tshuvos and Poskim-Chasidisha Psak-No Sense of Surrender-The Avnei Nezer -Intrepid Pioneer of Modern Halacha-a lecture by Rabbi Michael J. Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later Aug 20, 2021 44:03


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Yeshiva of Newark Podcast
Tshuvos and Poskim-Beyond simple Ahavah- Hachzakas HaGer- Helping Converts Integrate Into the Community-with Rabbi Michael J. Broyde

Yeshiva of Newark Podcast

Play Episode Listen Later May 14, 2021 60:20


מה אבותיכם לא נכנסו לברית אלא במילה וטבילה והרצאת דם, אף הם לא יכנסו לברית אלא במילה וטבילה והרצאת דמים'  (בבלי כריתות ט ע'א). As we began the Shloshes Yimei Hagvalah in preparation for Matan Torah and reliving the events that transformed our people and created a unique identity for us in perpetuity  The Issur Ben Tzvi Hersh Tshuvos and Poskim Shiur Of the Yeshiva of Newark@IDT offered a special halachic discussion on Geirus that was presented by one of the leading Jewish scholars of our day Rabbi Micheal J.Broyde  professor of law at Emory University School of Law  senior fellow and projects director  at the Center for the Study of Law and Religion  The Concise Code of Jewish Law for Converts (Second Edition forthcoming, 2021, Urim) Michael J. Broyde מצות אהבת הגרים :שנצטוינו לאהוב הגרים, כלומר שנזהר שלא לצער אותם בשום דבר, אבל נעשה להם טובה ונגמול אותם חסד כפי הראוי והיכולת. והגרים הם כל מי שנתחבר אלינו משאר האומות שהניח דתו ונכנס בדתנו, ועליהם נאמר ] דברים י ', י 'ט[ ואהבתם את הגר כי גרים הייתם. – ספר החינוך מצוה תלא We are commanded to love the convert: In particular, we are directed not to cause converts to suffer in any way, but rather to do them good and charitably as they deserve and as we can. The converts are all those who have joined us from other nations and abandoned their religion and joined ours. About this group, the Torah [Devarim 10:19] says, “Love the stranger [convert] since you were strangers.” – Sefer HaChinuch Mitzva 431 The mitzva of loving the convert is fundamental to this work. Most sources that discuss this mitzva indicate that it adds to the force of the obligation to love any Jew – to love the convert specifically. The question for a practical halachic work, however, is: “How should one love the convert in particular?” Should one love the convert as in the Midrashic parable of the stag joining the flock of sheep, recognizing that the convert is always an outsider and will never exactly fit in? Or should one love the convert as a long-lost member of a family, who needs to be reunited with the community as if the convert were always a family member, lest, out of loneliness, they return to their original community? This work adopts both of these alternatives as inherent to the complexity of the mitzva of loving the convert – to love the convert because a convert is different and to love the convert by helping them fit in and not be different. The first way of loving calls for heightening the pace and the degree of integration of the convert within the Jewish community, so that they are no longer perceived as a convert. This complements one of the basic purposes of the mitzva to love the convert: to make sure that the convert remains part of the Jewish community and does not feel out of place or like a stranger. This is the basic message of Rambam's famous letter to Rabbi Ovadia (the Convert) directing him to pray in a similar manner as all other Jews. Thus, in all situations in which there is a dispute about the mandates of Jewish law, this work follows this halachic factor in preferring to adopt the normative Jewish law view which brings the convert to further integration into the Jewish people. The view that highlights the convert's status as an outsider is generally disfavored, while that which encourages integration is generally favored. As Rabbi Moshe Feinstein (cited below in the introduction) taught: The mitzva to love the convert obligates us to resolve disputed Jewish laws (where a convert is involved) in a way that further helps the convert find their place within the community. However, in certain situations, the convert's status as a stranger within our community creates an affirmative need of assistance navigating law, custom, and nuance. Ignoring that fact in the name of purely formalist equal status – pretending that the convert is not a convert – is not truly loving. For example, Shulchan Aruch (OC 529:2) records that when the Jewish festivals (chagim) arrive, there is a particular duty to reach out to invite the convert into one's home for festival meals. When all others are celebrating with family, one must manifest the love of the convert in particular by acknowledging that they need special attention. To ignore a person's status as a convert when everybody else is family-focused does not manifest love and integration of the convert as an insider; it simply causes the convert to focus on his family-less status. This work recognizes this reality and takes into account that the duty to love the convert sometimes requires highlighting the fact that this person is a convert. This is the two-sided nature of the duty to love the convert: One must both welcome the convert as an outsider, as well as do one's best to help them cease being an outsider. This work is aware of both ways of fulfilling the obligation to love the convert and factors them both into its determinations of normative Jewish law. Modern Jewish life in America has a number of unique characteristics, almost unprecedented historically. One of those unique features is the social ease with which one can convert to Judaism. People can and do change religions without almost any social, economic, or political complications. Indeed, studies show that people in America change their faiths frequently, and conversion to Judaism is no exception. This is a new historical reality of American Jewish life, and is still quite different from the reality in other parts of the world. The present work addresses this new reality by filling a lacuna in the halachic literature both for converts and for fellow Jews relating to converts. It collects the many different halachic issues that relate to the status of converts after their conversion. It discusses all the cases in which the halachic rules are different (or even where some authorities are of the opinion that the halachic rules are different) for a convert than they are for a born-Jew, or for how a born-Jew is to relate to a convert rather than to a born-Jew. It offers normative rulings that are applicable today for all of these questions. Six Undergirding Questions The halachic issues in which the rules for a convert or for other Jews relating to converts are not the same as for, or toward, a born-Jew can be divided into six questions: 1. THE CONVERT'S RELATIONSHIP WITH THE FAMILY OF ORIGIN There are certain mitzvot that are applied in toto differently to a convert, since the family of origin is not Jewish. For example: How should one respect and honor their Gentile parents? Must a convert mourn for their parents in the same way that a born-Jew does? Such questions apply no matter how recently a person converted and no matter how well-integrated they are within the Jewish community. The basic question here is how to approach the unusual family situation of a convert. 2. THE UNIQUE OBLIGATION TO LOVE A CONVERT There are mitzvot incumbent on born-Jews in their relationships with converts. The most striking is the special obligation to love a convert. The duty to love the convert is complex in that love sometimes calls for singling out a convert for special attention, and not doing so at other times, depending on how the convert will respond to that unique attention. The core question here is when to identify or single out a convert as such, and when to avoid doing so. 3. TRANSITION ISSUES IN BEING A JEW WHO HAD BEEN A GENTILE There are some transitional questions present in conversions, reflecting the fact that a person who was previously a Gentile becomes, in a single moment, Jewish and obligated in Jewish Law. For example: May a convert eat the kosher food they cooked the morning before the conversion, or is it prohibited to the convert as a form of bishul akum (food cooked by a Gentile)? What are the prayer and blessing obligations of someone who converts in the middle of the time specified for performance of time-bound mitzvot, such as in the middle of the day, in the middle of sefira, in the middle of Chanuka, and so on? The complicated question here is how to handle the situation in which a convert joins Judaism in the middle of an ongoing mitzva, or in which they must relate to their past self. (Fortunately, although these issues are beguiling, they are also transitory.) 4. MARRIAGE LAWS FOR A CONVERT There are certain people whom a convert may marry that a born-Jew may not marry, and there are certain people whom a convert may not marry that a born-Jew may marry. For example: a convert may marry a mamzer, and a female convert may not marry a Kohen. The core question is whom Jews who are converts may marry, since converts are not Kohanim, Levites, or Israelites. 5. LIMITATIONS ON CONVERTS HOLDING POSITIONS OF AUTHORITY Many societies exclude those members who were not born into the society from holding some powerful offices. (One such society is that of the United States.) In parallel: the Torah tells us that a convert may not become a king of the Jewish nation, and the Talmud rules that a convert may not serve in any position of binding coercive authority. For example: a convert may not serve on certain kinds of rabbinical courts. See CM 7 and 8. The core question is one of contemporary Jewish law: what are the modern day offices (or officers, or holders of certain titles) that fit into this Talmudic rule? 6. A CONVERT AND PRAYERS THAT SPEAK OF ANCESTRAL JUDAISM There is an ongoing dispute as to whether and when a convert recites specific parts of the traditional prayers that reference Jewish ancestors or born Jewishness. For example: Does a convert bless God for having been made a Jew (shelo asani goy)? The core questions are when and why a convert is called upon to identify themself in prayer as a descendant of the earliest forefathers of the Jews, or as a descendent of the slaves redeemed from Egypt, and when and why to identify themself as an outsider by birth. Four Undergirding Principles Regarding Converts There are four principles through which these questions are filtered: 1. Love: There is a special obligation to love the convert, and there is a special obligation not to allow a convert to suffer because they converted. There are many explanations for this mitzva. The two primary ones are love of the convert and fear that the convert might abandon their Judaism for their original faith. The following midrash offers a parable to explain the obligation to love the convert as a form of endearment: A king has many flocks of sheep... and one day a stag appears and joins the sheep. The stag grazes with the sheep and returns with them at night, as if he were a sheep. When the shepherds tell the king of the stag... the king takes great pride and interest in it and ensures that the shepherds treat the stag with special care. The shepherds question the king, asking “you have thousands of animals over which you take no personal interest... so why do you care so much about this one animal?” The king answers them, “My sheep have only this flock to join, and cannot leave, but this stag has the whole world to choose from, yet he chose my flock. He surely deserves my special attention and care.” The midrash concludes that we, as the Jewish people, should give tremendous credit to the convert who has chosen to leave their family and their people to join our ranks. This is why the convert deserves special consideration and care. Other sources further attribute this mitzva to the fear that if converts are not loved, they might abandon Judaism to return to the community that loves them. Some midrashim thus explain certain rules as grounded in the concern “lest the convert return to their old faith.” Even these sources, however, still recognize that the obligation to love the stranger in our midst is part of the legacy of Jewish slavery in Egypt and of our having been gerim in that setting. Regardless of which concern is more paramount to a given reader of this work, it is clear that there is a special obligation to act with particular kindness to converts as a way of showing love. For example: the obligation includes a directive to help a convert celebrate the festivals, when they might feel most alone. Furthermore: according to many sources, the Biblical repetition of the injunction against oppressing a convert reinforces the prohibition against oppressing the convert, both in financial matters and in non-financial matters. Moreover, many halachic authorities are of the view that there is even an obligation to help a convert earn a living with ease. 2. Arevut: Since a convert is basically viewed as identical to a born-Jew, converts can mutually participate with fellow Jews in discharging religious obligations for each other even when they have already fulfilled their own obligation (called in Jewish law the principle of arevut). Although this matter is in dispute, the general halachic consensus is that a convert can fulfill the obligation of others, even after they have fulfilled their own. This work accepts that view. While there are many proofs for this approach, suffice it to say that this is the consensus of halachic authorities. It is also driven by the categorical insistence of many authorities that a convert may lead a congregation in prayer (be motzi others as sheliach tzibbur); if a convert were not included in arevut, this rule of allowing a convert to be a sheliach tzibbur/chazzan would need many caveats and modifications. In addition, this approach is consistent with Rabbi Feinstein's obligation that we love the convert by being lenient on matters that could otherwise stigmatize them. 3. Minhagim: A convert is free to choose which set of Jewish customs (minhagim) the convert wishes to adopt (Ashkenaz, Sephard, Edot Hamizrach, etc.). A convert is under no obligation to adopt the customs of their biological homeland (so a Gentile born in Ukraine need not adopt minhag Ashkenaz) as long as the convert adopts an existent halachic culture. The same point is true in matters of hashkafa (ideology): A convert may choose any Orthodox ideology, spanning the breadth of the Orthodox community. Even if a convert's biological father is Jewish, the convert still need not adopt his father's ancestral family practices. Rabbi Shlomo Zalman Auerbach does note that a convert should not adopt a mosaic of unique customs from varied communities. Rather a convert should choose a community to join, and adopt that community's practices. 4. “A convert is like a newborn child” ( ger shenitgayer kekatan shenolad ): This principle is a limited one. It means only that a convert loses (from a Jewish law perspective) their biological and marital relationships with their prior Gentile family. As a matter of Jewish law, the convert technically has no mother, father, siblings, or spouse. This principle explains why a convert's halachic relationship with their family is sometimes different than that of a born-Jew with theirs. However, this principle has very limited application: an adult convert is not “born again” at conversion. The convert does not have to wait thirteen years to become a bar-mitzva, or twelve years to become a bat-mitzva. The convert has to repay any money that they owed at the time of conversion, and continues to own any property that they owned prior to their conversion. In short: the convert is not a newborn child for most matters of Jewish law. Furthermore, as this work will show many times and in many places, a convert is not prohibited from having a relationship with their prior family, although Jewish law is concerned with that prior relationship being used to entice the convert to revert to their prior religion. These principles form the basis of many of the rules and decisions found throughout this work, and are not necessarily repeated every time that they are applicable. Two Key Factors in Deciding Normative Jewish Law (Halacha) Most of the topics discussed in this work are drawn from disputes by post-medieval rabbinic sages (Achronim), by medieval sages (Rishonim), and even by sages in the Talmud itself. Thus, in order to reach practical conclusions, we have utilized two key factors to guide us. FIRST KEY FACTOR: This book's conclusions are reached through conventional analyses widely used for many halachic disputes, the details of which are beyond the scope of this introduction. The two of these guidelines relevant to this work are: Ashkenazi norm is generally followed when matters are disputed between Ashkenazim and Sephardim (although we also note Sephardic practice), and when the Aruch Hashulchan or Mishnah Berurah resolves a dispute, this work is inclined to follow their resolution over that of other poskim in that era. SECOND KEY FACTOR: We have always granted great weight to the obligation to love the convert. As Rabbi Moshe Feinstein states, this mitzva affects how one resolves halachic questions that affect a convert. He notes simply: אבל למעשה יש לידע, שהמצווה של ואהבתם את הגר )דברים עקב י' י'ט( מחייבת אותנו לקרבם ולהקל בכל עניינים אלו. ולפיכך אחר ישוב גדול נראה, שאין להחשיב משרות אלו בתקופתנו כענין של מעשה שררה, דעיקר תפקיד של ישיבה הוא ללמד לתלמידים כשהם רוצים. ומה שיש כח להמנהלים והראשי הישיבה על התלמידים לסלקם או שלא לקבל אותם לכתחילה וכדומה, אין זה אלא כמו שררה של בעה'ב על פועליו, שאין זה מעין מינוי לשררה כלל. ולפי זה משרות אלו אינם אלא כמילוי תפקיד וכעניין של עסק. ואין לדמות זה למש'כ באג'מ יו'ד חלק ב' סימן מ'ד בענין מינוי אשה להשגיח להכשרים, דהוי מינוי של שררה. But, as a matter of normative practice, one should know that that mitzva to love the convert (Deut. 10:19) obligates us to bring them closer and to be lenient on all these matters. Therefore, after considerable contemplation it seems that these positions of authority are in our times examples of positions of mere acts of authority (serarah), since the purpose of a yeshiva is to teach students who are interested in studying. The fact that the authority of the principals or heads of the Yeshiva over the students includes the authority to expel them or deny them admission and the like, is similar to the authority of any owner over his workers and this has no connection to an appointment of formal serarah at all. Therefore, these jobs are only like a profession, or a business deal. They should not be compared to what I have written in Igrot Moshe YD 2:42 about the appointment of a woman as a kashrut supervisor, which is a position of serarah. It is important not to under-read this teshuva. What drives Rabbi Feinstein to the conclusion that being a rosh yeshiva is a mere position of employment with no more authority than the owner of any business (a far from obvious conclusion) is the duty to love the convert, since it directs us to be open and welcoming to converts, which cannot be done by excluding the convert. That is exactly why Rabbi Feinstein opens with the duty to bring the convert closer and connects that thought to his permissive ruling. Rabbi Feinstein avers that when there is more than one reasonable approach to a halachic topic that impacts a convert, one should adopt the view (of both the facts and the halacha) that shows love for the convert and brings them closer and further integrates the convert. One does this by seeking to adopt constructs that diminish the exclusion of a convert. When a reasonable person can see more than one halachic or logical or factual approach to a problem, one should adopt the approach that favors integrating the convert, since this is a fulfillment of the mitzva to love the convert. Of course, even Rabbi Feinstein agrees that one never adopts “wrong” views to allow a convert to be comfortable or integrated. Rabbi Feinstein connects the first sentence noting the duty to love the convert with the rest of the paragraph with the words נראה גדול ישוב אחר ולפיכך”) Therefore, after considerable contemplation”) to tell the reader that the conclusion that a rosh yeshiva is not a position of authority is limited to a case where the candidate is a convert, due to the duty to love the convert. To put it in a slightly different way, the commandment to love the convert weighs down on the scales to encourage the resolution of any dispute in a loving way to the convert, as then another mitzva is fulfilled. Of course, this does not justify conduct that is a violation of Jewish Law, but it argues for accepting reasonable views (of both the facts and the rules) as normative that might not, in situations in which no convert is present, be accepted. Rabbi Feinstein's approach mandates that where there is more than one reasonable approach to a matter of Jewish law concerning how to conduct oneself vis-a-vis a convert, one ought to adopt the approach that manifests love of the convert, and not draw prejudicial distinctions between the convert and the born-Jew. This pathway is both reasonable as a matter of normative halacha and at the same time enables fulfillment of the positive Torah obligation of loving the convert. That positive commandment rests its thumb on the halachic scales to encourage the resolution in a loving way. Ruling in a manner that stigmatizes the convert should only be done when that is the sole reasonable halachic option. In other words, just as my teachers taught me, so does this responsum of Rabbi Feinstein teach us that the mitzva of loving the convert directs one to resolve halachic disputes about the proper conduct of a convert (or towards a convert) in the way that manifests the greatest love to the convert. We are definitely not to resolve such a dispute in a way that stigmatizes, shames, or humiliates a convert. The Torah obligation to love a convert is not an abstract duty to love. Rather, as Rabbi Feinstein notes, it creates an obligation to rule on matters of Jewish law in a way that allows the convert to sense that love and encourages others to manifest that love. This obligation is as real as the other specific obligations that Jewish law commands, such as the obligation to invite a convert for Yom Tov meals (OC 529), or to allow a convert to serve as a Rosh Yeshiva (CM 8).

Yeshiva of Newark Podcast
On Principle 29-Challenges in Jewish Education with Rabbi Michael J.Broyde-Promoting the Alternative-Recognizing the Halachic Greatness found in the Jurisprudence of Rav Yechiel Michel HaLevi Epstein's Aruch HaShulchan

Yeshiva of Newark Podcast

Play Episode Listen Later Mar 7, 2021 61:56


Rabbi Michael J. Broyde is professor of law at Emory University School of Law and senior fellow and projects director at the Center for the Study of Law andReligion at Emory University. Broyde's Semicha (yoreh yoreh ve-yadin yadin) was obtained in 1991 from Yeshiva University ,he was a Dayan of the Beth Din of America, where he also served as Menahel . He was the Founding Rabbi of the Young Israel of Atlanta. Rabbi Kivelevitz discusses with Broyde aspects of his newest work Settingthe Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein's Arukh HaShulhan(co-authored with Shlomo Pill of the Center for the Study of Law and Religion) .The conversation serves as a cogent explication of how the Aruch HaShulchan differs essentially from the Mishna Brurah in aims and methodology. Rabbi Broyde's most recent books are Sex in the Garden: Consensual Encounters Gone Bad in Genesis(Wifpf & Stock, 2019),Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West(Oxford Press, 2017) andA Concise Code of Jewish Law for Converts(Urim, 2017). In addition to his many books, Broydehas written more than 250 articles and book chapters on various aspects of law and religion, Jewish law, and religious ethics, as well as an often-cited article on impeachment in theHarvard Journal of Law and Public Policy.He has written on military ethics from a Jewish law view, marriage and divorce in the Jewish tradition, bioethical dilemmas from a religious view, women's rights in the Jewish tradition, the general relationship between secular and Jewish law in its many different facets. A list of his works may be found on hiswebsite.Broydehas been a visiting professor at Stanford,Hebrew University,and most recently theUniversity of Warsaw Law School in Polandand in theInterdisciplinaryCollege of Lawin Herzliya,Israel.He received a juris doctorfrom New York University and published a note on its law review. He also clerked for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit. See acast.com/privacy for privacy and opt-out information. This podcast is powered by JewishPodcasts.org. Start your own podcast today and share your content with the world. Click jewishpodcasts.fm/signup to get started.

Yeshiva of Newark Podcast
On Principle-25-Challenges in Jewish Education with Rabbi Michael J. Broyde - Shaarei Gedulah- Comprehending the legacy of Rabbi Gedaliah Dov Schwartz Zt"l

Yeshiva of Newark Podcast

Play Episode Listen Later Dec 23, 2020 48:28


Rabbi Michael J. Broyde is professor of law at Emory University School of Law and senior fellow and projects director at the Center for the Study of Law andReligion at Emory University. Broyde's Semicha (yoreh yoreh ve-yadin yadin) was obtained in 1991 from Yeshiva University ,he was a Dayan of the Beth Din of America, where he also served as Menahel . Hewas the Founding Rabbi of the Young Israel of Atlanta.Asked by Rabbi Kivelevitz to edify the wider audience on Rabbi Schwartz's legacy, Broyde presents a concise comprehensive overview focusing on four points. (1) his work on agunah matters (2) his general interest in the tone and ethics of American society (3)his involvement in building the structure of American Orthodoxy from eruvin to kashrus to gittin and gerus, (4) his remarkable integrityRabbi Broyde's most recent books areSex in the Garden: Consensual Encounters Gone Bad in Genesis(Wifpf & Stock, 2019),Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West(Oxford Press, 2017) andA Concise Code of Jewish Law for Converts(Urim, 2017). He has written or edited twelve books and his next work is entitledSettingthe Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein's Arukh HaShulhan(co-authored with Shlomo Pill of the Center for the Study of Law and Religion) and is set to be published by Academic Studies Press.In addition to his many books, Broydehas written more than 250 articles and book chapters on various aspects of law and religion, Jewish law, and religious ethics, as well as an often-cited article on impeachment in theHarvard Journal of Law and Public Policy.He has written on military ethics from a Jewish law view, marriage and divorce in the Jewish tradition, bioethical dilemmas from a religious view, women's rights in the Jewish tradition, the general relationship between secular and Jewish law in its many different facets. A list of his works may be found on hiswebsite.Broydehas been a visiting professor at Stanford,Hebrew University,and most recently theUniversity of Warsaw Law School in Polandand in theInterdisciplinaryCollege of Lawin Herzliya,Israel.He received a juris doctorfrom New York University and published a note on its law review. He also clerked for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit. See acast.com/privacy for privacy and opt-out information. This podcast is powered by JewishPodcasts.org. Start your own podcast today and share your content with the world. Click jewishpodcasts.fm/signup to get started.

Yeshiva of Newark Podcast
On Principle-25-Challenges in Jewish Education with Rabbi Michael J. Broyde - Shaarei Gedulah- Comprehending the legacy of Rabbi Gedaliah Dov Schwartz Zt"l

Yeshiva of Newark Podcast

Play Episode Listen Later Dec 23, 2020 48:28


Rabbi Michael J. Broyde is professor of law at Emory University School of Law and senior fellow and projects director at the Center for the Study of Law and Religion at Emory University. Broyde's Semicha (yoreh yoreh ve-yadin yadin) was obtained in 1991 from Yeshiva University ,he was a Dayan of the Beth Din of America, where he also served as Menahel . He was the Founding Rabbi of the Young Israel of Atlanta.Asked by Rabbi Kivelevitz to edify the wider audience on Rabbi Schwartz's legacy, Broyde presents a concise comprehensive overview focusing on four points. (1) his work on agunah matters (2) his general interest in the tone and ethics of American society (3)his involvement in building the structure of American Orthodoxy from eruvin to kashrus to gittin and gerus, (4) his remarkable integrityRabbi Broyde's most recent books are Sex in the Garden: Consensual Encounters Gone Bad in Genesis (Wifpf & Stock, 2019), Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West (Oxford Press, 2017) and A Concise Code of Jewish Law for Converts (Urim, 2017). He has written or edited twelve books and his next work is entitled Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh HaShulhan (co-authored with Shlomo Pill of the Center for the Study of Law and Religion) and is set to be published by Academic Studies Press. In addition to his many books, Broyde has written more than 250 articles and book chapters on various aspects of law and religion, Jewish law, and religious ethics, as well as an often-cited article on impeachment in the Harvard Journal of Law and Public Policy. He has written on military ethics from a Jewish law view, marriage and divorce in the Jewish tradition, bioethical dilemmas from a religious view, women’s rights in the Jewish tradition, the general relationship between secular and Jewish law in its many different facets. A list of his works may be found on his website.Broyde has been a visiting professor at Stanford,Hebrew University,and most recently theUniversity of Warsaw Law School in Poland and in the Interdisciplinary College of Law in Herzliya, Israel.He received a juris doctor from New York University and published a note on its law review. He also clerked for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit. See acast.com/privacy for privacy and opt-out information.

When Law & Religion Meet - Audio
Decalogue Lecture: "The Bioethical Future Some Jewish Thoughts on Reproductive Ethics"

When Law & Religion Meet - Audio

Play Episode Listen Later May 29, 2012


Michael J. Broyde, professor of law and Senior Fellow at the Center for the Study of Law and Religion, highlights several morally difficult questions created by advances in modern science, including genetic cloning in humans and plants, and offers a Jewish law response as well as religiously informed public policy recommendations.

When Law & Religion Meet - Video
Decalogue Lecture: "The Bioethical Future: Some Jewish Thoughts on Reproductive Ethics"

When Law & Religion Meet - Video

Play Episode Listen Later Sep 13, 2011 62:50


Michael J. Broyde, professor of law and Senior Fellow at the Center for the Study of Law and Religion, highlights several morally difficult questions created by advances in modern science, including genetic cloning in humans and plants, and offers a Jewish law response as well as religiously informed public policy recommendations.

Talkline Communications
Talkline 8-6-09

Talkline Communications

Play Episode Listen Later Aug 11, 2009 58:52


ADAM DICHTER, RABBI michael J. Broyde is the founding rabbi of the Young Israel in Atlanta, a law professor at Emory University and a dayan in the Beth Din of America.