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Recent She'elot at the CJLS 5781

The following texts are questions that drove the responsa of the Committee of Jewish Law and Standards in the years 2016-2021 (and some particularly relevant questions from 2015).

Instructions for Group Activity:

  • As a group, read all questions in your section of halakha (1 - Orah Hayyim; 2 - Yoreh Deah; 3 - Even HaEzer; 4 - Hoshen Mishpat).
  • Select one question to research, based on the following criteria:
    • The answer does not seem obvious.
    • The question has importance for your community.
  • Locate news articles that deal with this subject and add them to the sheet beneath the question.
  • In a comment, identify at least 2 Jewish values that must be considered when answering the question.
PART 1: Orah Hayyim - prayer, synagogue, Shabbat, holidays
Modesty Inside and Out: A Contemporary Guide to Tzniut
In an era when clothing is a personal statement of identity, what does the religious imperative of modesty entail? What specific behaviors does modesty mandate in both thought and dress? Are different behaviors required for places where we pray or study sacred texts, as opposed to other public locations? Upon whom does the obligation for modesty fall?
Modest Communication & Harmful Communication
Question 1: How can a Jew promote oneself professionally and socially without violating Jewish norms of modesty (tzi’ni’ut) in communication? Put another way, in light of the fact that in social media people actively seek affirmation (likes, shares, etc.) for their posts and the fact that some jobs even require the generation of such quantifiable affirmations, how can and should a Jew living in this social and professional environment participate in it while still observing traditional Jewish norms regarding modest speech?
https://www.rabbinicalassembly.org/sites/default/files/modest_speech.final.june.pdf
Question 2: What forms of communication does Judaism prohibit as harmful?
https://www.rabbinicalassembly.org/sites/default/files/harmful_speech.final.june.pdf
A Thread of Blue
Does the tekhelet commercially available today fulfill the biblical commandment to wear tekhelet? If so, are we then commanded to wear that tekhelet in our tzitzit?
https://www.rabbinicalassembly.org/sites/default/files/2019-12/thread_of_blue_cjls_website.pdf
https://www.rabbinicalassembly.org/sites/default/files/2019-12/concurrence%20to%20booth%20-%20Kalmanofsky.pdf
Tallit on the Bimah: Optional or Required?
Should individuals wear a tallit (prayer shawl) when leading services, reading Torah or called to the Torah for an aliyah?
https://www.rabbinicalassembly.org/sites/default/files/public/halakhah/teshuvot/2011-2020/tallit_for_prayer_leaders_final_version.pdf

Women and Headcovering
Should women and girls wear a headcovering during prayer? And if so, when and where?
https://www.rabbinicalassembly.org/sites/default/files/kanarek_-_headcovering_for_women_and_girls_-_nov_2019_final.pdf
The Abbreviated Amidah
What is the best method for reciting the abbreviated service known as the “hoikhe Kedushah"?”
'Hazak, Hazak' in the Triennial Cycle
For those synagogues reading Torah according to the triennial cycle, what should be their practice with regard to the custom of saying “hazak, hazak, v’nithazek”? Should they say that phrase only at the end of each book – and thus only when they are reading the last third of each of the annual Torah readings – or may they say it also when reading the first and second portions of the annual Torah readings? If the latter, how should they do that?
http://www.rabbinicalassembly.org/sites/default/files/assets/public/halakhah
/teshuvot/2011-2020/dorff-hazak.pdf
https://www.rabbinicalassembly.org/sites/default/files/hazak.addendum.08.18.pdf
Birkat Hamazon and Zimmun For Meals that Do Not Include Bread From the Five Species of Grain
  • Do those who have eaten a main meal that includes bread not made from the traditional five species of grain recite Birkat Hamazon (grace after meals)? Do those who have eaten a main meal that does not include bread of any kind recite Birkat Hamazon?
  • Which berakhah is recited before eating non-gluten bread?
  • May those who are refraining from eating gluten products be counted in the quorum needed for zimmun (the communal invitation to Birkat Hamazon)? May they lead zimmun?
https://www.rabbinicalassembly.org/sites/default/files/
Birkat%20hamazon%20final%20Oct%202016.pdf
https://www.rabbinicalassembly.org/sites/default/files/
Gluten%20Free%20Dissent_1.pdf
Building At What Cost?
May a Jewish institution that has hired a non-Jewish contractor allow the contractors and their non-Jewish laborers to work on Shabbat or Yom Tov?
This question was asked by the Senior administration of JTS at the beginning of their 21st Century building project in 2016.
Seder, and other Yom Tov Observances, Before Dark
What is the earliest time that one may perform the assorted positive mitzvot and practices of the Jewish festivals, on first or second day of Yom Tov? Must one wait until after sundown, or after dark? Of particular interest is the Passover Seder, including Kiddush and the other three cups of wine, the recitation of Maggid and Hallel, and eating karpas, maror and matzah. Is there any difference in practice between first and second Seder, or Seder that falls on a Saturday night? What about other festivals, including Shavuot, Sukkot and Shemini Atzeret/Simhat Torah?
Birkat Hamazon and Zimmun For Meals that Do Not Include Bread From the Five Species of Grain
Do those who have eaten a main meal that includes bread not made from the traditional five species of grain recite Birkat Hamazon (grace after meals)? Do those who have eaten a main meal that does not include bread of any kind recite Birkat Hamazon?
Which berakhah is recited before eating non-gluten bread?
May those who are refraining from eating gluten products be counted in the quorum needed for zimmun (the communal invitation to Birkat Hamazon)? May they lead zimmun?
(https://www.rabbinicalassembly.org/sites/default/files/
Birkat%20hamazon%20final%20Oct%202016.pdf)
Streaming Services on Shabbat and Yom Tov
Is it permitted for a synagogue or other prayer community to offer a stream of its services on Shabbat or Yom Tov? If so, what are the concerns that must be addressed when this is done? Are the parameters for the current crisis different than they might be in more usual times?
CJLS website link
Teshuvah Outside of Communal Prayer
Our communal davenning on Yom Kippur includes liturgy designed to inspire teshuvah (repentance and a return to spiritual wholeness) and aid us in retrospection, contrition, and self-improvement, but this year 5781/2020 our communal davenning will be curtailed as the 2020 pandemic continues. How do we do teshuvah when our usual ways of doing so in community are less available or unavailable?
CJLS website link
Purim 5781: Reading Megillat Esther Under Covid Precautions
This year, the question is how to organize a public reading, when kosher scrolls are few and gathering people is contraindicated. It goes without saying that a video conference with a screenshare of the megillah will not do, for, apart from the question of the status of the minyan, reading from a digital file of the megillah is not reading from a kosher scroll. Nor will the use of a recording suffice. Each congregation will need to consider its own situation in determining what is the best arrangement.
CJLS website link
PART 2: Yoreh Deah - kashrut, conversion, mourning and family purity
Discarding Large Quantities of Old Siddurim and Mahzorim
Many synagogues switching over to a new siddur or mahzor have hundreds of copies of old siddurim that are no longer needed. Must these old siddurim be buried, or is it permitted to recycle or dispose of them in another way?
(https://www.rabbinicalassembly.org/sites/default/files/
Peltz%20Discarding%20Books%20updated.pdf)
Halakhic Perspectives on Genetically Modified Organisms
What halakhic values and norms should be applied to the genetic modification of organisms, whether plant or animal, particularly through the use of recombinant DNA? May Jewish consumers receive medical, nutritional and commercial benefit from genetically modified products? Must modifications to the human genome be limited in scope?
(http://www.rabbinicalassembly.org/sites/default/files/
assets/public/halakhah/teshuvot/2011-2020/nevins-gmos.pdf)
The Kashrut of Cultured Meat
May cultured meat—also known as in vitro, clean or lab-grown meat—be considered kosher?
https://www.rabbinicalassembly.org/sites/default/files/
public/halakhah/cjls/kashrut_of_cultured_meat_
responsum_final_version_march_2018.pdf
Insect Infestation and Our Food, The Halakhot Of Bugs
What is the level of inspection for bugs that we are required to utilize before eating fruits and vegetables?
https://www.rabbinicalassembly.org/sites/default/files/
bugs_final_draft_vote_june_2018.pdf
Post-Mortem Circumcision
In the event of the tragedy of a stillbirth or the death of an infant boy, must there be a brit milah, circumcision, before burial? Many male Jews from the former Soviet Union did not have a brit milah as children and, even after emigrating, did not arrange for their circumcision. When they die, must they be circumcised before burial? In either case, if circumcision is required, would this be considered part of the regular preparation for burial or, would the surviving family have to be informed and provide explicit consent?
(http://www.rabbinicalassembly.org/sites/default/files/
assets/public/halakhah/teshuvot/2011-2020/
post-mortem-circumcision.pdf)
Military Cemeteries and Military Funerals
May Jews be buried in a multi-denominational military cemetery, and may military funeral rituals be conducted in a Jewish cemetery?
https://www.rabbinicalassembly.org/sites/default/files/
military_funeral_teshuvah_final_version.nb_job_1.pdf
https://www.rabbinicalassembly.org/sites/default/files/
concurrence_to_barmash.pdf
Alternative Kevura Methods
Contemporary Jews sometimes seek alternative mortuary methods in order to be more ecologically sustainable and economical. Can Jews utilize alternative methods or is burial required? What does Halakhic tradition demand for how Jews treat dead bodies?
https://www.rabbinicalassembly.org/sites/default/files/
alternative-burial-jeremy-kalmanofsky.pdf
https://www.rabbinicalassembly.org/sites/default/files/
public/halakhah/teshuvot/2011-2020/concurrence_on_rjk_
alternative_kevurah_2017.pdf
https://www.rabbinicalassembly.org/sites/default/files/
public/halakhah/cjls/concurrence_to_jeremy_kalmanofsky_-_dorff_.pdf
Comforting Mourners (Nihum Aveilin) on Festivals)
What are the community’s obligations to provide comfort to 1) an individual whose shiva is cancelled by the festival? 2) a person in aninut--one whose father, mother, sister, brother, son, daughter or spouse died but is not yet buried--during a festival or Shabbat?
https://www.rabbinicalassembly.org/sites/default/files/
nichum_aveilim_on_festivals.pdf
Early Circumcision in a Pandemic
In times of public danger such as a pandemic, is it permissible to circumcise a baby boy in the hospital prior to the eighth day after his birth? If so, would this satisfy the mitzvah of brit milah, or is hatafat dam brit (the production of a drop of blood by pin prick, hereafter HDB) required on or after the eighth day? Either way, what if any elements of the brit milah liturgy should be recited at a later point?
CJLS website link
Triage and the Sanctity of Life
On what basis should medical professionals determine which patient gets lifesaving treatment in a pandemic emergency setting?
CJLS website link
How to Recite Mourner’s Kaddish while Physically Distancing during a Pandemic
The practice we are used to in reciting mourner’s kaddish is to do so with a minyan meeting in-person. During this prolonged period of pandemic, the question arises as to how to recite mourner’s kaddish while observing physical distancing.
CJLS website link
PART 3: Even HaEzer - marriage, divorce and interpersonal relationships
Transgender Jews and Halakha
1. What are the appropriate rituals for conversion to Judaism of transgender individuals?
2. What are the appropriate rituals for solemnizing a marriage in which one or both parties are transgender?
3. How is the marriage of a transgender person (which was entered into before transition) to be dissolved (after transition).
4. Are there any requirements for continuing a marriage entered into before transition after one of the partners transitions?
5. Are hormonal therapy and gender confirming surgery permissible for people with gender dysphoria?
6. Are trans men permitted to become pregnant?
7. How must healthcare professionals interact with transgender people?
8. Who should prepare the body of a transgender person for burial?
9. Are preoperative trans men obligated for tohorat ha-mishpahah?
10. Are preoperative trans women obligated for brit milah?
11. At what point in the process of transition is the person recognized as the new gender?
12. Is a ritual necessary to effect the transition of a trans person?
https://www.rabbinicalassembly.org/sites/default/files/
public/halakhah/teshuvot/2011-2020/transgender-halakhah.pdf
Joint Ownership
1) Does halakhah recognize the modern concept of joint ownership?
2) Is there a difference between a couple who are married versus an unmarried couple who have joint accounts?
3) Can one partner act on behalf of the entire household, particularly with regard to individual mitzvah obligations?
a) For example, can a couple share one lulav on the first day of Sukkot when sharing is otherwise not permitted?
b) Must each separately give mishloah manot on Purim in order to fulfill their obligation, or are the manot given on behalf of the couple considered to belong in part to each?
4) May a wedding ring, which classic halakhah requires be owned by the groom, be purchased out of a joint account? Etc.
https://www.rabbinicalassembly.org/sites/default/files/
public/halakhah/teshuvot/2011-2020/cjls_joint_ownership_final_markup.pdf
Choosing Parenthood:ART, Adoption and the Single Parent
May a single, unmarried, individual who wants to choose to become a parent through adoption and/or the use of artificial reproductive technologies(ART) do so under Jewish law?
CJLS website link
With Righteousness and With Justice, With Goodness and With Mercy: Options for Egalitarian Marriage Within Halakhah
Is there a possibility of egalitarian marriage and divorce for differing-sex couples within a halakhic framework?
CJLS website link
Egalitarian Kiddushin and Ketubbah
May kiddushin, the traditional form of Jewish marriage, and the Jewish marriage ceremony, be made into an egalitarian form for a male-female Jewish couple? Is there an egalitarian form for the ketubbah?
CJLS website link
PART 4: Hoshen Mishpat - financial responsibility, business, and public responsibility
The Status of Non-Jews in Jewish Law and Lore Today
What is the status of Gentiles in Jewish Law today? How should we deal with statements in traditional Jewish literature that are negative or discriminatory regarding non-Jews?
(https://www.rabbinicalassembly.org/sites/default/files/
public/halakhah/teshuvot/2011-2020/Hammer%20Teshuvah%20Final.pdf)
Adoption
Can a statutorily adopted child be considered equal in familial obligations and halakhic status to that of a biological child? Through what mechanism can parents who statutorily adopy a child record and affirm their halakhic parent-child relationship?
https://www.rabbinicalassembly.org/sites/default/files/
adoption_-_rabbi_nate_crane_-_final.pdf
Halakhic Responses to Artificial Intelligence and Autonomous Machines
With rapid advances in the development of artificial intelligence and autonomous machines have come calls for “moral machines” that integrate ethical considerations into analysis and action. What halakhic principles should apply to the conduct of such machines? Specifically:
  1. Are Jews liable for the halakhic consequences of actions taken by machines on their behalf, for example, Sabbath labor?
  2. Should ethical principles derived from halakhah be integrated into the development of autonomous systems for transportation, medical care, warfare and other morally charged activities, allowing autonomous systems to make life or death decisions?
  3. Might a robot perform a mitzvah or other halakhically significant action? Is it conceivable to treat an artificial agent as a person? As a Jew?​​​​​​
http://www.rabbinicalassembly.org/sites/default/files/
nevins_ai_moral_machines_and_halakha-final_1.pdf
Loneliness, Family, and Community During the Pandemic
What are the Jewish legal duties of individuals, families, and Jewish institutions to combat the loneliness, depression, loss of patience, and even violencethat canaccompany the medical need to sequester ourselves to diminish the spread of the COVID-19 virus?
CJLS website link
Teshuvah Concerning Smoking
In light of additional research findings on the use of nicotine and the burgeoning use of e-cigarettes, should smoking be prohibited?
CJLS website link
Vaccination and Ethical Questions Posed by COVID-19 Vaccines
Now that vaccines for COVID-19 are available, is there an obligation to be vaccinated? Can Jewish institutions require vaccination for employees, students, and congregants? What should be the guidelines for their distribution?
CJSL website link