Alan Dershowitz – Opinion: I Grew Up In Orthodox Brooklyn. We Must Apply The Same Covid-19 Standards For All — And Jews Must Choose Life

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The Congregation Yetev Lev D'Satmar synagogue on October 19, 2020 in Williamsburg(Spencer Platt/Getty Images)

BROOKLYN (JTA/ALAN DERSHOWITZ) I grew up in the Williamsburg and Borough Park neighborhoods of Brooklyn. At my Orthodox Jewish day school, I studied the Torah and Jewish law. Our rabbis, many of whom had been trained in the great Talmudic academies of eastern Europe, always focused on the primary role of choosing life. In Hebrew this is called “Pikuach Nefesh.”

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The biblical commandment is derived from Deuteronomy 3:19-20: “I call heaven and earth to witness against you this day: I have put before you life and death, blessing and curse. Choose life so that you and your children may live…”

The Torah and the Talmud are filled with rules placing the value of life over nearly every Jewish value, including prayer and communal gatherings such as weddings and funerals. I understand how important these gatherings are to the vibrancy of religious life in these wonderful neighborhoods, but preventing the spread of a highly contagious virus with uncertain long term health implications should be more important.

It is shocking to me, therefore, to see so many of my fellow Jews in my old neighborhoods choosing illness and death over life — not only their own but their family members and neighbors — by not taking adequate precautions against the spread of the coronavirus, and by rejecting the advice of public health doctors.

The rate of illness in Williamsburg and Borough Park is significantly higher than in the city and state of New York in general. This is not God’s fault. Respectfully, it is the responsibility of those Jewish leaders who have not done as much as they could do to advise their followers and congregants to choose life over communal gatherings.

Alan Dershowitz (Getty Images)

I understand and am sympathetic to the argument that Orthodox Jewish communities are being discriminated against by rules that allow restaurants, protests and other secular public gatherings to go forward, while severely restricting the number of people who can attend synagogues, Jewish weddings and funerals, and other communal religious events. There has been far too much finger pointing at Orthodox Jews by civic leaders who should know better. I’m on your side of these legal and political arguments.

But the appropriate response is to tighten the rules regarding dangerous secular events, not to loosen them regarding large Jewish gatherings that can become dangerous super spreader events if precautions are not taken. A single standard that does not discriminate against Orthodox Jewish events and that is based on objective factors is required, but that single standard must prioritize the health of the community.

During times of crisis — and tragically Jews have a long history of dealing with crises ranging from pogroms, to plagues, to the Holocaust, to attacks on Israel – Jewish law and customs have always adapted to the overriding the need to choose life.

Why is COVID-19 different? Why are so many Jewish leaders refusing to recognize the reality of contagion and of the need for masks, social distancing and limitations on the number of those attending large gatherings? Why am I getting so many emails and phone calls from Williamsburgers and Borough Parkers falsely stating that more people die of the flu than of COVID?

I was embarrassed, as a loyal son of Borough Park, by the burning of masks and spitting at journalists on the very avenue on which I attended yeshiva and shopped for Shabbos and Yom Tov food. I realize that the bad acts of a few Borough Parkers should not be attributed to an entire neighborhood, but these acts should have been widely condemned by all good people.

I know that this is not my Borough Park or that of my very religious parents and grandparents. But I am sad to say that it is not the Borough Park of Jewish halacha, which demands compliance with the valid rules of the state in which Jews are citizens, as well as proper behavior towards outsiders.

So, with the utmost respect, I urge those Jewish communal leaders who are not satisfying their responsibility to protect life, to prioritize those religious sources commanding us to “choose life” over customs – such as large weddings and funerals – that are not mandated by halacha. These life affirming sources have served us well over millennia of crises.

Please emphasize those parts of the Torah that deal with mandatory isolation of contagiously ill Jews. Please recall the Talmudic wisdom that he who saves even a single human life, it is as if he saved the entire world — and its relevant corollary that he who needlessly takes a single human life, it is as if he has destroyed the world.

Please do not politicize the worst health crisis in the last 100 years. Instead, choose life. That is the Jewish way and the right choice for all people during a worsening pandemic.

is an American lawyer and academic. He is a former professor at Harvard Law School. He has a new podcast called The Dershow, and his latest book is “Guilt by Accusation”.


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Old Telzer
Old Telzer
3 years ago

He’s correct! Such a “Chillul Hashem” To protest and burn masks is not the Jewish/ Torah way!! Uh

Chayim
Chayim
3 years ago

Allan Dershowitz supports life he claims. Why does he support abortions o demand. Killing babies is not supporting life. He claims to have attended Yeshiva. But he is not observant. He supports gay marriage and his grandparents would be ashamed of him.

Perpetually Perplexed
Perpetually Perplexed
3 years ago

Last person I’ll be lectured from is from the guy who hung out on Jeffery Epstein’s island.

anonymous
anonymous
3 years ago

Thank you Mr. Dershowitz. Please ignore the buffoons who are likely to disagree but not respectfully, if you catch my drift. Stay safe.

Anonymous
Anonymous
3 years ago

VIN should be very proud of themselves for posting the thoughts of this great gaon.

Anonymous
Anonymous
3 years ago

I can’t speak for all Jews but choosing life is exactly how I landed on this side of things. As someone with OCD + illness anxiety disorder + a liberal I have all the trappings of buying into the media and politics of this. If I believed even in the slightest that 1) this virus is likely going to kill me and 2) wearing a mask and social distancing was likely going to protect me you can best believe I would be the most pious of all mask wearers.
The facts say otherwise! And the facts are overwhelmingly obvious, even to me, the OCD, liberal hypochondriac.
So, yes if it were a matter of life or likely/certain death it would be a different story but that’s not the case and it’s a matter of life or fear + panic + mental illness (OCD and anxiety). The latter is not a life. Kids on zoom school is not a life. Constantly worrying about contracting a virus that is not likely to kill you is not a life (that is literally mental illness). Shutting down businesses and losing your livelihood is not a life. Staying 6 feet away from friends and family is not a life. So thank you Mr Dershowitz I am choosing life.

Moishe
Moishe
3 years ago

With all due respect Mr. Dershowitz, You are underestimating the intelligence and the unhindered adherence to Tora Halacha of the orthodox Jewish community.
Let’s start with the facts.
According to the test results from the beginning of the pandemic until 10/22/20 in the 11219 area, 30,632 people tested, out of which 13,243 or 43.2% tested positive to have antibodies. In fact there are a lot more people that have antibodies and didn’t find it necessary to be tested. This is because they know with absolute certainty that they were infected with the virus.  
According to these figures the vast majority of the population in the so called red zone, are walking around with antibodies. They are not at risk of contracting the virus or infecting others and therefore have no reason to wear a mask. When you see someone not wearing a mask it’s because they fall into the above category. The burden is on the minority of the population, the sick and elderly to protect themselves in every way possible from contracting the virus.  
It is extremely unreasonable to lock up our stores, businesses, schools and synagogues and impose extreme hardship and suffering on the vast majority of the population who are not at risk from either contracting the virus or infecting others. It is incumbent upon the sick and elderly, who are the minority, to wear a mask or exercise other precautions for their own protection.
As a side note, I still remember a speech I heard from you about 45 years ago where you said that the Jews will always ultimately be blamed. You cited a story of a planned protest against the government by starving people. Everyone was only angry at Jews who got to go home first. 

Yossel
Yossel
3 years ago

I’ll be forwarding this article to my Rabbi.

Last edited 3 years ago by benvin
David049
David049
3 years ago

The hypocrisy is shocking, professor! How much of that Torah education that your parents and grandparents suckled from, do you still keep! When did you observe a Shabbos last, as the Jewish law or Jewish Halacha as you correctly call it, requires?

So now you are an expert in Jewish Law, when you yourself have thrown off all Jewish Torah values and turned secular longer ago!

Suddenly “Pikuach Nefesh” concerns you so much!
We have the right Rabbis to determine when it’s pikuach nefesh and when it is not!

It doesn’t seem that the Rabbis of yore who you claim to admire so much made any lasting impressions on you. So why on earth or heaven would their grandchildren enthuse you?

Anomynous
Anomynous
3 years ago

Well said, Mr. Dershowitz! Yosher Koach!

shimon
shimon
3 years ago

filthy rapist and murderer protected by klinton organised crime family and jeffery epsteins mossad handlers. YIMACH SHMO and all his bootlickers

Ruby
Ruby
3 years ago

Alan, I invite you to bp for a chat , as to what are we thinking, the rabbis are aware of the scripture you quoted, forget the poloticians…and the arrogant comments to the media by a narcassist. listen and try to understand the thought process of numerous intelligent,compassionate jews

C E Archy
C E Archy
3 years ago

Pikuach Nefesh.: This wave is not Pikuach Nefesh\. The mortality rate while not zero is extremely low. You can count it on your finger tips. Dr Brix admitted that to.

  • When it comes to schools, Our needs are different than the secular world. We have on average 6 kids, live in tiny two bedroom houses, and two working parents etc.. We teach our kids torah which cannot be transmitted remotely for kids. We don’t use zoom either. Its both not safe physcially and spritually. The rules of our blood is not redder than your apply..
  • We must continue to defy orders about schools. Do not let the govt stop us

    Shalom Dym
    Shalom Dym
    3 years ago

    ונשמרתם מאד לנפשותיכם is about spiritual life mainly. The Torah is not obsessed with safety. It’s a wrong interpretation, although repeated constantly by the ignorant.

    Adam Harishon
    Adam Harishon
    3 years ago

    What a clown! While he might be right he should be the last person lecturing us on halacha! This is equivalent as me lettering him on US law. Actually it’s not equivalent. While I am a law-abiding citizen he is not an halacha abiding m o t

    Moishe
    Moishe
    3 years ago

    Wow it’s shocking to see such an intelligent person give an opinion on a topic (pikuach nefesh) that he has a 2nd grade education on.

    S K
    S K
    3 years ago

    So Alan Dershowitz, since when do you get to lecture Rabbonim in what and what not to say? However, if it makes you feel better, please know that all Rabbonim were horrified by the behavior of those burning masks and screaming in the streets. However, don’t you think that these Rabbonim know why you know about Halacha, don’t you think they don’t want more death in a community that already experienced so much pain due to the virus, do you think your article will really change anyone’s mind?
    The facts are that the Rabbonim in Boro Park are in discussions with prominent doctors, do thanks for your concern and stick to American Law and politics.

    Yitz
    Yitz
    3 years ago

    Thank you Mr. Dershowitz for saying it so bluntly. Sadly some of what you said is accurate but not all. We should be wearing masks because it’s the law. There is however one fact that you and the lawmakers haven’t touched upon. That is post corona individuals and antibodies. I, for one, have had it back in March and have a positive lab test result showing igG antibodies. Why must I wear a mask when I’m out and about? Sadly, most of Borough Park feels the same way but the law makes no recognition of this fact! If the law states we need to wear masks we should but you can see the reason many are not.
    As for the burning ceremony, it was done by a buch of kids joining a former convict at his rally. Most rabbinical leaders have spoken out and condemned it but that is not newsworthy because it’s not sensational. You know the news only picks up sensational stories! Who knows that better than you?

    American citizen
    American citizen
    3 years ago

    Incorrect
    Medical experts agree
    Mask and social distance worth zero/nothing/totally ineffective toward dealing with the pandemic
    Shame/ disgraceful on the so call “government” controlling ilegal/ discriminating actions specific against the Jewish people
    Its ok thousands of violent/destructive protestors to take over/ destroy American???
    Pure Fascism
    “Never Again”

    Chayim
    Chayim
    3 years ago

    We don’t listen to liberal secular Jews who are the cause of corona by supporting gay marriage. When you will condemn gay marriage then will listen to you.

    Rivka Gross
    Rivka Gross
    3 years ago

    Mr Dershowitz makes some excellent and very true points. But as we all know one should never “judge Judaism by some Jews”. This is just as true about Jewish leaders. Every communal leader that I have heard or read about recently has urged compliance with the rules and precaution when necessary. In most cases I feel Jews are stellar role models of how to behave during this pandemic. There will always be a few “crazies”. It is the media, as usual who will use any opportunity to gain press coverage that will hype up all extreme behavior. These are marginalized populations who are acting wrongly. Lets not confuse ourselves. We must continue to act with faith and caution.
    Rivka Gross