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October 7, 2013 1:53 pm

The Legacy of Rabbi Ovadia Yosef

avatar by Jeremy Rosen

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Rabbi Ovadia Yosef. Photo: Tazpit News Agency.

As a young man finding his way forward in the world of Torah study, I was completely bowled over by the genius of Rav Ovadia Yosef, who died Monday. In all the contemporary rabbinic response I had read, nothing came near the phenomenal breadth of his learning, his marshaling of sources, and, above all, his tolerant, often lenient conclusions.

The great Ashkenazi contemporary authorities I was studying tended to use casuistry in the way they dealt with halachic (Jewish legal) issues. They almost invariably came to strict, stoic conclusions. There was an almost undeclared agenda to constantly raise the bar rather than lower it. And they completely ignored the more recent great Sephardi authorities. It was almost as if they thought Sephardi scholarship ended with Maimonides.

From the moment I picked up the early volumes of his magisterial responsa “Yabia Omer” in 1957, I was completely won over by Rav Yosef’s different approach. He brought the widest range imaginable of sources. He weighed up the body of opinion and allowed the pure law to speak for itself and most importantly of all, where he could find a lenient resolution. It was as if a new younger brilliant Chief Justice was suddenly appointed to the Supreme Court, stood head and shoulders above the other Justices, and promised to sweep away all the cobwebs and vested interests. Having such a wider vision, he knew the range of options that went well beyond the conventional wisdom.

He was a product of the East. The Sephardi world was very different than the negative, cramped, inward looking approach of Eastern Europe. Rav Yosef was brought up under Islam where tensions were more political than religious. On many theological fundamentals, Judaism and Islam agreed. Whereas under Christianity, the bitterness of the Jewish experience, as well as the theological differences, all created a far more negative approach to the world. True. the Shia mullahs were just as oppressive as Dominican Friars, but under much of Islam’s rule Jews lived at peace and in cultural symbiosis.

Under Ahkenaz, the rabbis were constantly fighting an internal schism. Their response was to tighten up, and if you didn’t like it you could jolly well go and join Reform or some other breakaway. The Sephardi world had no Reform Movement. Their rabbis had to deal with the full range of Jewish behavior and their communities embraced the most lapsed as well as the strictest. Their halachic decisions had to take note of the full range of the faithful, not just the most pious.

And thirdly, the Sephardi world seemed much more in sympathy with the poor and therefore more lenient and less financially demanding. You could not ask a penniless family to have two dishwashers!

The downside of the Sephardi world, as much as of poor Ashkenazi communities, was the superstitious belief in wonder, miracle rabbis, and Kabbalists. Rav Yosef bravely and courageously had no sympathy for religious hucksters and snake oil salesmen. Of all the Ashkenazi halachic masters, I dare to say only the late Rav Moshe Feinstein was his equal.

Rav Yosef was a powerful advocate and campaigner for Sephardi rights. In his early editions of “Yabia Omer” he railed against young Sephardi yeshiva students aping the Ashkenazi rabbis in dress and attitude. He insisted that the different Sephardi approach to Torah study be given equal standing in a world that sadly tended to look down on Eastern culture and still to this day too often discriminates against Sephardim.

This led him to form the Shas party in 1984. For years, he was a voice in the wilderness. At last Shas gave him power and a platform, although he had to battle major Ashkenazi authorities like Rav Shach, ultimately leading to an acrimonious split.

That was the moment that I lost my innocent reverence of the great man. I had been disappointed when, in his term as Chief Rabbi, he engaged in unseemly rivalry with his Ashkenazi colleagues.  I put this down to the “Kinat Sofrim”, the Talmud’s phrase for the competition between intellectual giants. But party politics was another matter. I have always detested religious politics.

Much of the good that Shas did, as a social movement, was undermined by the bargaining, haggling, and corruption that inevitably characterizes the world of politics. Of course, religion is concerned with every aspect of human life. And I believe religious people should as individuals be involved in the political process. But when a party devoted specifically to religious issues enters the fray, it invariably, regardless of the religion or the denomination, falls to the worst of political shenanigans. And so it has been with Shas, now divided into warring factions.

There was another aspect to this. Politics requires the sound bite, the crowd pleasing demagoguery, and Rav Yosef allowed himself, as he grew older and feebler, to be used. As indeed have too many venerable religious leaders. He came out with insulting, banal generalizations about non-Jews and other Jews he disagreed with, comments he would never have made in his early days. It is a feature again of Israeli life to argue via humiliation and disrespect instead of ideas. Was it senility, or being surrounded by fixers and middlemen in his old age? Whatever, it remains a shadow on his legacy.

What is his legacy? A polymath like no other in the field of Jewish jurisprudence, an absolute giant. There is no one now in the field to compare with him. A man who helped raise Sephardi pride.  The struggle goes on. Still to this day there is discrimination in Haredi Israel against Sephardim. There is still an excessive preoccupation with minute strictness in Jewish law, and sadly political life in Israel is as disappointing today as when he entered the field hoping to change it.

Although one of his sons is now Sephardi Chief Rabbi, it is his daughter Adina Bar Shalom who has devoted herself to the cause of wider education in the religious world of Israel today. I believe she will be his greatest legacy.

There is no one who comes near to wearing his mantle. No Elisha to his Elijah. The Chariot of Israel has departed.

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