Eliezer Berkovits

Eliezer Berkovits (8 September 1908, Nagyvarad – 20 August 1992), was a rabbi, theologian, and educator in the tradition of Orthodox Judaism.

Life
Berkovits received his rabbinical training first under Rabbi Akiva Glasner, son of Rabbi Moshe Shmuel Glasner, the Dor Revi'i, including semicha, and then at the Hildesheimer Rabbinical Seminary in Berlin as a disciple of Rabbi Yechiel Weinberg, the great master of Jewish law in that generation, and received his Ph.D. in philosophy from the University of Berlin. He served in the rabbinate in Berlin (1934–39), in Leeds, England (1940–46), in Sydney, Australia (1946–50), and in Boston (1950–58). In 1958 he became chairman of the department of Jewish philosophy of the Hebrew Theological College in Chicago. At the age of 67, he and his family immigrated to Israel in 1976 where he taught and lectured until his death in 1992.

Berkovits wrote 19 books in English, Hebrew, and German, and lectured extensively in those languages. His writings deal with basic issues of faith, spirituality and law in the creative dialogue between religion and modernity, with an emphasis on halakha in the State of Israel and on halakha relating to marriage and women. His thought is in essence a philosophy of morality and history for contemporary society.

Philosophy
The core of his theology is the encounter as an actual meeting of God and human at Mt. Sinai. The encounter is paradoxical in that it transcends human comprehension, yet it demonstrates that God cares about human beings. He teaches that once human beings know God cares for them, they can act in ways that seek meaning, accept responsibility for their actions, and act with righteousness toward others. This implies the keeping of the commandments, ethical concern for others, and building the State of Israel. From "The Paradox of the Encounter" in God, Man, and History (1965):

Berkovits also insisted that God must be an Agent independent from Man, in opposition to pantheistic or panentheistic notions of "all is in God" or "God is in all". On Berkovits' analysis, such notions run completely contrary to the foundations of the Jewish faith. For a religious relationship of any kind to exist, at the very least there must be separation between man and God. Thus, notions of "mystical union" must be utterly rejected:

Holocaust Philosophy
After the Holocaust, Berkovits asserted that God's "absence" in Nazi Germany should be explained through the classical concept of hester panim, "the hiding of the divine face." Berkovits claimed that in order for God to maintain His respect and care for humanity as a whole, He necessarily had to withdraw Himself and allow human beings—even the most cruel and vicious—to exercise their free will.

Theory of Halakhah and Halakhic Change, Oral Law (Torah She'be'al Peh)
In Berkovits' view, Halakhah is determined by (1) the priority of the ethical in the value system of Judaism as reflected in the entire range of Jewish sacred literature, (2) common sense, (3) the wisdom of the feasible in the light of reality. In Not in Heaven he states that "in the spiritual realm nothing fails like compulsion" Yet, "Autonomy degenerates into everyone doing his own thing. The result is social and international decadence" (p. 83). Berkovits sees Judaism and halachah as being inextricably intertwined, halakhah and our relationship to it having indeed shaped Judaism. "Through Halakhah the Word from Sinai has become the way of life of the Jewish people through history" (p. 84). He therefore sees a normative role for halachah even in the modern world: "There has never been a greater need for Halakhah’s creative wisdom of Torah-application to the daily realities of human existence than in our day" (p. 2).

Related to this is Rabbi Berkovits's view of the Oral Law (Torah She'be'al'pe), the traditional Jewish conception of the oral explanation of the Torah, given at Sinai along with the Written Torah. This Oral Torah includes both explicit interpretations of certain Pentateuchal laws, as well as the general methods of Rabbinic exegesis. In Berkovits's view, the Oral Law was oral in order to allow maximum flexibility, by giving the rabbis of each generation the ability to decide questions of new situations and circumstances and even re-decide anew the questions of previous generations. When the Oral Law was written (chiefly in the Mishna and Talmud), the rabbis viewed this as so catastrophic and unprecedented and controversial because this killed much of the Oral Law's flexibility that was so inherent to its nature; by writing it down, decisions were set in stone and could not be redecided. This was necessary to prevent its being forgotten due to the tribulations of Roman rule and exile, but it had its price. In addition, Rabbi Berkovits saw Zionism as a means to revitalize in the Jewish people what was lost with the Oral Law's writing.

His view is almost undoubtedly derived from that of the Dor Revi'i, Rabbi Moshe Shmuel Glasner. His views are exactly the same, set forth in his introduction to his book the Dor Revi'i (see Moshe Shmuel Glasner for link to abridged English translation). It is not surprising that Rabbi Berkovits's view is so similar, given that he studied under Rabbi Glasner's son Rabbi Akiva Glasner before he moved to Berlin, and Rabbi Berkovits may have even received semicha (ordination) from Rabbi Akiva Glanser.

Women in Jewish Law
Berkovits was critical of the lack of rights a married Jewish woman has in relation to her husband in issues of marriage and divorce. Rabbi Prof. David Hartman said in a March, 2009, lecture about Berkovits that Berkovits was deeply concerned with the treatment of women in Jewish life, law, and practice. He affirmed the equity of women and men within the institution of Jewish marriage, but never advocated any abrogation of existing Jewish law.

Berkovits called for the ethical courage on the part of Jewish legal authorities to put what already exists in principle into practice. He was a major inspiration for many traditional Jewish women who sought to carve out a more equitable position within the boundaries of the Jewish religious law.

Works

 * Hume and Deism (1933) [German]
 * Was Ist der Talmud? (1938) [German]
 * Towards Historic Judaism (1943)
 * Between Yesterday and Tomorrow (1945)
 * Judaism: Fossil or Ferment? (1956)
 * God, Man, and History (1959)
 * Prayer (1962)
 * A Jewish Critique of the Philosophy of Martin Buber (1962)
 * T'nai Bi'N'suin u'V'Get (1966) [Hebrew]
 * Man and God: Studies in Biblical Theology (1969)
 * Faith After the Holocaust (1973)
 * Major Themes in Modern Philosophies of Judaism (1974)
 * Crisis and Faith (1976)
 * With God in Hell: Judaism in the Ghettos and Death Camps (1979)
 * Not in Heaven: The Nature and Function of Halakha (1983)
 * HaHalakha, Koha V'Tafkida (1981) [Hebrew] - expanded version of Not in Heaven (above)
 * Logic in Halacha (1986) [Hebrew]
 * Unity in Judaism (1986)
 * The Crisis of Judaism in the Jewish State (1987) [Hebrew]
 * Jewish Women in Time and Torah (1990)
 * Essential Essays on Judaism (2002), ed. David Hazony