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When Donors Behave Badly: Guiding Principles for Jewish Institutions

In light of CCAR Press’s publishing of The Sacred Exchange: A Jewish Money Ethic, edited by Rabbi Mary L. Zamore, earlier this year, we invited Rabbi A. Brian Stoller to share an excerpt of the chapter that he wrote.

What should a synagogue or Jewish institution do when a donor is known to be involved in illegal or immoral activity? Imagine that after a synagogue dedicates a newly renovated sanctuary, the beloved community elder who gave more than a million dollars toward the project is indicted for embezzlement. Suppose that a prominent nursing-home proprietor, whose facilities have a reputation for unclean conditions and abusive treatment of residents, offers to provide scholarships for needy kids to go to summer camp. We seek to be guided in our response to these situations by the moral voice of our tradition. While there are few clear-cut answers, our texts provide certain principles that can inform our decision-making.

What happens when two moral obligations conflict with each other?

A CCAR responsum on the case of a synagogue contribution by a criminal points out that it is a mitzvah incumbent upon every Jew to support the synagogue financially.(1) The Reform Movement has said that communal organizations should not refuse a donation from a person of questionable character because we do not have the right to prevent someone from fulfilling his religious obligations.(2) Moreover, denying the would-be giver the opportunity to do a mitzvah would further alienate him from the righteous path. As Maimonides says, “We do not tell a wicked person: ‘Increase your wickedness by failing to perform mitzvot.’”(3)

At the same time, accepting the donation may violate a different mitzvah, namely the prohibition against placing a stumbling block before the blind. As Jewish business-ethicist Meir Tamari suggests, a person may be “blind, so to speak, to the moral consequences of his actions.”

(4) By accepting the gift, therefore, we might inadvertently encourage the donor to continue in these errant ways and cause the donor to stumble further.

These conflicting moral obligations cannot both be operative at the same time, but the sources suggest that there are circumstances in which one or the other should take precedence.

What causes money to become “dirty?”

According to Deuteronomy 23:19,(5) payment for prostitution (which is forbidden by the Torah) and the monetary value of dogs used by hunters and watchmen to intimidate the public (which are lawful but unseemly activities(6)) are unacceptable as donations to the Holy Temple.(7) Maimonides rules that “when one steals or obtains an object through robbery and offers it as a sacrifice, it is invalid and the Holy One hates it.”(8) That principle suggests that the Torah regards money and anything else acquired through illegal and immoral means as “dirty” and unfit as an offering. Therefore, should someone seek to make such a donation, the synagogue or communal entity should refuse to accept it, even though doing so would prevent the person from fulfilling his obligation.

But if money gained through illegal or immoral activity is “dirty,” what about money that is earned on the up-and-up by someone who behaves immorally in other areas of her life? Is there a difference between a donation from Bernie Madoff, who acquired his wealth through theft and fraud, and a donation from Harvey Weinstein, who earned his money legitimately but sexually harassed and manipulated countless women? In a relevant discussion, Maimonides holds that a kohein (priest) is not disqualified from performing his religious duty on account of immoral behavior in his non-priestly life unless he commits one of the three cardinal sins of Rabbinic Judaism: idolatry, illicit sex, or murder.(9) Following this reasoning, could modern institutions say that immoral behavior unrelated to how one’s money is gotten should not disqualify a donor from carrying out her religious duty unless she commits an act that the community regards as a cardinal sin? If so, what actions would rise to that level?

Should the Donor be Acknowledged Publicly?

The sources raise two key concerns about publicly honoring a donor of dubious character. One is that acknowledgment will draw constant, unwanted attention to this sinful behavior. The other is that people of ill-repute will “utilize a gift to the synagogue [or other Jewish institution] as a means of purchasing a good name”(10) and atoning for their sins.(11) In order to avoid these outcomes, the Reform Movement recommends that organizations accept the donation but not publicly acknowledge the donor unless and until he does t’shuvah and abandons the immoral behavior.

Organizations should not accept donations of items that are known to have been gotten illegally. Beyond this, the guiding principles outlined here leave room for leaders to exercise judgment based on communal values and the nuances of each situation. While decisions need to be made on a case-by-case basis, institutions benefit from intentional conversations about core values and principles that guide their approach when donors behave badly.


Rabbi A. Brian Stoller serves Temple Israel in Omaha, Nebraska.

NOTES

  1. CCAR Responsa Committee, “Synagogue Contribution from a Crimi- nal,” Central Conference of American Rabbis, accessed September 17, 2018, https://www.ccarnet.org/ccar-responsa/curr-52-55/. Readers should con- sult this responsum for a thorough analysis of the relevant halachic issues.
  2. See the CCAR responsum cited above, as well as Mark Washofsky, Jewish Living: A Guide to Contemporary Reform Practice (New York: UAHC Press, 2001), 45.
  3. Maimonides, Mishneh Torah, Hilchot N’siat Kapayim 15:6. Translation by Rabbi Eliyahu Touger, Mishneh Torah: Hilchot Tefilah II and Birkat Koha- nim (New York: Moznaim, 2007), 218.
  4. Meir Tamari, The Challenge of Wealth: A Jewish Perspective on Earning and Spending Money (Northvale, NJ: Jason Aronson, 1995), 32.
  5. Deut. 23:19 states: “You shall not bring the fee of a whore or the pay of a dog into the house of the Eternal your God in fulfillment of any vow,  for both are abhorrent to the Eternal your God.”
  6. In his comment to Deut. 23:19, Abraham ibn Ezra explains that “the pay of a dog” refers to activity that, although not forbidden, is “disgraceful” (derech bizayon).
  7. These explanations of the phrases “the fee of a whore” and “the pay of a dog” are given by Rashi and Nachmanides in their commentaries to the verse.
  8. Maimonides, Mishneh Torah, Hilchot Isurei Mizbei-ach 5:7. Translation by Rabbi Eliyahu Touger, Mishneh Torah: Sefer Ha’Avodah (New York: Moznaim, 2007), 334.
  9. Maimonides, Mishneh Torah, Hilchot N’siat Kapayim 15:1–6, esp. halachot 3 and 6.
  10. Washofsky, Jewish Living, 45.
  11. See Nachmanides’s comment to Deut. 23:19.
Categories
Books Israel

My Classmate Was A Force of Nature: Rabbi Bob Samuels

Each of my HUC-JIR classmates (Cincinnati ’60) has had a transformative impact on his congregation or community.  (Yes, sadly we were a class of all men.) We taught and counseled, provoked and celebrated in ways that enriched and deepened the lives of those we served.

One of the members of our class had a particularly powerful impact on his community.

Bob Samuels made aliyah to Israel with his family in 1962 and never looked back. The saga of his amazing career is captured in a newly published book, Stepping Up to the Plate, Building a Liberal Pluralistic Israel, which Bob completed shortly before his death in 2016.  Published by the CCAR, it is the first volume issued under its newest imprint, “Rabbis Press.”

Bob was my cherished friend and my hero. His entire life was powered by the ideals of the Hebrew prophets. Every day of his life, Bob translated those ideals into real life action that lifted up the fallen, fed the needy, and embraced those who live at the margins of society.

Bob understood that Progressive Judaism would flourish in Israel only if we raise up exceptional leaders. The Leo Baeck Educational Center in Haifa, which Bob built into one of the premier institutions in Israel, produced such leaders.

Bob was a force of nature. I have never known anyone with as many talents, as determined a spirit, and as much energy as Bob Samuels.  A star first baseman at Brandeis who was scouted by Major League Baseball, Bob knew what it meant to “step up to the plate.” He never flinched.  Even after he was diagnosed with a devastating disease, he continued to live a life of courageous determination, doing good and loving us all.

Our colleague Michael Marmur wrote, “This book tells his story. Reading it can do what Bob always managed to do in his life. Even if we are disheartened and out of new ideas, even if the next step seems unclear, it builds us up.”

I hope you will read and be inspired by this amazing story about what it means to be a leader of our people.

Charles A. Kroloff is past president of the Central Conference of American Rabbis.  Currently Vice President for Special Projects at HUC-JIR, he is Rabbi Emeritus of Temple Emanu-El, Westfield, NJ.  Rabbi Robert L. Samuel’s book Stepping Up to the Plate, Building a Liberal Pluralistic Israel, is now available for purchase from CCAR Press. 

Categories
Books Technology

Beta Testing Mishkan T’filah for Youth eBook with Sci-Tech Campers

I was completely geeking out!! There’s not much better for this rabbi than seeing young Jews who are passionate about their Judaism as well as technology. Getting to Beta Test the new Mishkan T’filah for Youth enhanced eBook with campers at the URJ Sci-Tech camp was more than I could have hoped for!

It was the peanut butter of Jewish life, and the chocolate of technology, coming together to create a most delicious experience.

And the verdict? They loved it!! (And they even found a few things that we need to work on.)  They had so many great questions and suggestions that the hour-long session flew by.

One of the main foci of the conversation was around apps vs. ebooks.  Each has pros and cons, and we must evaluate our goals and options when making a decision.  Here’s a great example:

One camper had the idea that when you open the digital siddur, it should automatically know what service you want based on the date and time.  This is definitely possible, and would be very cool, MTY-ebook-screenshot-2I explained, but to be able to have this feature it would have to be an app, rather than an eBook.  The challenge with custom apps, I continued, is that every feature we want to add, requires more resources and time. So, naturally we have to make choices based on priorities.  Would we rather auto-select the service (when we can easily select it ourselves) or have bookmarking & note-taking?  Conversely, if it’s an ebook, there are basic features of eReaders (like bookmarks & note-taking) that Apple, Kindle & Google already develop for their apps.

We also discussed that there are two basic ways of using the Mishkan T’filah for Youth eBook (or app):

  1. In community services, along side the print version (aka “pBook”) and/or the Visual T’filah
  2. For personal study and/or private prayer.

MTY-ebook-beta-testers2Features like hearing the prayer read or sung while words are highlighted are clearly meant for someone on their own. On the other hand, could a non-musical service leader use the audio to help lead the singing? Would we feel comfortable singing along with the beautiful audio recordings on an iPad, rather than a live human?

Also, there are things like page numbers in an eBook or app, which are a bit anachronistic, but are important for “syncing” with others using the pBooks, and/or Visual T’filah.  It helps everyone be on the same “page” even if it’s a digital page or screen.

We discussed whether or not there should there be games in the siddur.  Would it be okay during services for a kid to play a game which involved the words, meaning, and/or themes of that prayer?

One camper (surprisingly?) pointed out that sometimes technology can distract us from a moment or pull us away from the community.  While anyone can daydream in services without an iPad, it might be a bit more tempting and distracting with an iPad in front of you.  As if on cue, at that moment, I looked over and noticed that one of the campers had stopped looking through the siddur and started surfing around online…

Another camper noted that it’s possible on the iPad to lock it to only one app.  And I said that it’s a really helpful feature, and that these kids would probably be the ones to figure out how to hack it.

Our conversation also attempted to look into the future and how we might use technology to enhance Jewish life and prayer.  I asked if they could imagine a future where members of a family all joined together for Shabbat dinner at home, and then went off and participated in their own services via virtual reality goggles.  The mother could participate in a yoga and meditation service in a pristine white room, while the father could join a traditional minyan at the Western wall.  One child could meet up virtually with his friends for a camp service, while the other could see cartoon avatars leading the songs and prayers in their kids service.  Who knows?!

In the meantime, we need to focus on those things that are possible, like finishing up the beta testing for the Mishkan T’filah for Youth eBook, so we can offer it for sale in the big eBookstores: Apple iBooks, Amazon Kindle, and Google Play Books.  Stay tuned!

At the end of our great session together, I concluded:  “Your generation will really be the ones that shape Jewish life in the future and how we utilize the benefits of technology.   No pressure. (But pressure.)  It is our job now to try to get our sacred texts into a format that is most accessible and flexible for your needs, and to pass on our passion for Jewish learning, life, and community.  And you will take these tools and fashion a bright future for all of the Jewish people.”

Rabbi Dan Medwin is the Publishing Technology Manager at the Central Conference of American Rabbis.