Arukh HaShulchan, Orach Chaim 235:9-14

Hook

This passage from the Arukh HaShulchan grapples with a profound tension at the heart of Jewish communal life, and by extension, the modern State of Israel: how do we balance the imperative of mutual responsibility and communal cohesion with the realities of a diverse society and the potential for internal division? It forces us to confront the delicate art of communal governance, the meaning of belonging, and the very nature of our obligations to one another, especially when differing opinions and practices emerge. In a time when the vibrancy and unity of the Jewish people, both in Israel and the diaspora, are so often debated, understanding these ancient discussions offers a vital on-ramp to navigating our present complexities with hope and wisdom.

Text Snapshot

"And concerning the matter of a community that is divided in its customs… and one side acts in accordance with its custom and the other side acts in accordance with its custom, and both are valid customs in their source, this is a situation of division within the community. And it is forbidden to cause strife and argument in the community, for it is written, 'And you shall be gathered one to another' (Leviticus 26:24, though the verse cited here is often interpreted as referring to unity, the Arukh HaShulchan is referencing a broader theme of communal harmony). And in such a case, one should seek to unify them and to bring them together in peace, and to prevent strife and argument in Israel, as it is stated, 'Let there be peace between me and you' (Genesis 26:31, again, a reference to fostering peace). And if one side is acting against a practice that is universally accepted, then the majority should compel them, for the strength of Israel is in its unity." (Arukh HaShulchan, Orach Chaim 235:9-14, paraphrased for clarity).

Context

Date

The Arukh HaShulchan, Rabbi Yechiel Michel Epstein, completed his monumental work in the late 19th century (around 1883-1884). This places his halakhic rulings within the era of burgeoning Jewish national consciousness and the early stirrings of Zionism, a time when Jewish communities were already grappling with modernity and the challenges of maintaining tradition while engaging with new ideas and societal changes.

Actor

Rabbi Yechiel Michel Epstein was a prominent Lithuanian rabbi and posek (decisor of Jewish law). He was known for his comprehensive and accessible approach to halakha, seeking to synthesize and clarify the vast body of Jewish legal literature. His work aimed to provide practical guidance for contemporary Jewish life, making it relevant to the evolving circumstances of his time.

Aim

The primary aim of the Arukh HaShulchan was to present a clear and authoritative distillation of Jewish law, particularly in the realm of civil and communal matters (Orach Chaim, Yoreh De'ah, Choshen Mishpat, Even Ha'ezer). In this specific passage, his aim is to address the thorny issue of internal communal divisions stemming from differing customs and practices. He seeks to provide a framework for resolving such disputes, emphasizing the paramount importance of communal harmony and unity in Israel, while also acknowledging the role of established norms and the collective will of the community in upholding them. He navigates the delicate balance between accommodating diversity and ensuring communal integrity.

Two Readings

The Arukh HaShulchan's discourse on communal division offers a rich ground for interpretation, particularly when we consider its resonance with the aspirations and challenges of modern Israel. Two distinct, yet complementary, readings emerge:

Reading 1: The Covenantal Imperative of Achdut (Unity)

This reading centers on the deeply ingrained Jewish concept of achdut – unity – as a divinely ordained covenantal responsibility. From the biblical narrative of the Jewish people standing as one at Mount Sinai to the constant admonishment against internal strife, Jewish tradition views unity not merely as a desirable social outcome, but as a fundamental prerequisite for the people's spiritual and national survival. The Arukh HaShulchan, steeped in this tradition, frames the prohibition against causing strife as a direct violation of divine will. The verses he cites, though seemingly simple, carry immense weight: "And you shall be gathered one to another" speaks to an active, ongoing process of mutual engagement and cohesion, not passive coexistence. "Let there be peace between me and you" echoes the foundational moments of covenant, where harmony is essential for a meaningful relationship.

From this perspective, the "community" is more than just a collection of individuals; it is a sacred entity bound by shared history, tradition, and a collective destiny. When divisions arise, whether over religious observance, cultural practice, or even political outlook, they are not just disagreements; they are fractures in the very fabric of this covenantal bond. The Arukh HaShulchan’s emphasis on the majority compelling the minority against "universally accepted practice" highlights a crucial aspect of this covenantal reading: there is a shared bedrock of tradition that underpins Jewish identity and communal life. While diversity is acknowledged, it cannot come at the expense of core tenets that bind the people together. The responsibility here is to actively work towards reconciliation and to uphold the integrity of the shared covenant, recognizing that the strength of Israel lies not in its uniformity, but in its ability to find unity amidst its diversity, anchored by shared foundational principles. This reading underscores the proactive role each individual and group must play in fostering this unity, seeing it as a sacred duty.

Reading 2: The Civic Mandate for Responsible Pluralism

This reading shifts the focus from the purely theological to a more civic and pragmatic understanding of communal life, while still acknowledging the ethical underpinnings derived from Jewish tradition. The Arukh HaShulchan's concern for preventing strife and argument can be understood as a recognition of the essential need for a functioning, stable society. In any community, especially one as diverse as the Jewish people, disagreements are inevitable. The challenge, then, becomes how to manage these disagreements constructively, ensuring that they do not devolve into destructive conflict. This reading sees the Arukh HaShulchan as articulating principles for responsible pluralism, a concept deeply relevant to the complex social tapestry of modern Israel.

The "division in its customs" becomes a metaphor for the myriad of ways individuals and groups express their Jewishness and their understanding of the world. The Arukh HaShulchan’s acknowledgment that "both are valid customs in their source" is critical here. It suggests a recognition of legitimate diversity, where different approaches can coexist without necessarily invalidating one another. The imperative to "seek to unify them and to bring them together in peace" takes on the character of a civic duty. It’s about building bridges, fostering dialogue, and creating mechanisms for conflict resolution. The "majority" compelling the "minority" in cases of universally accepted practice can be interpreted not as an authoritarian decree, but as a reflection of the democratic principle of majority rule, where a consensus on fundamental issues allows for the continued functioning of the polity. This reading emphasizes the responsibility of leadership, and indeed of all citizens, to create an environment where differing viewpoints can be expressed respectfully, and where common ground can be found for the collective good. The aim is to build a resilient and inclusive society where diverse individuals and groups can contribute to the common good, guided by shared values and a commitment to the ongoing project of national life, even amidst differing perspectives.

Civic Move

Cultivating "Common Ground Dialogues" within Israeli Society

Action: Establish and promote structured dialogue programs specifically designed for diverse segments of Israeli society, focusing on shared values and civic responsibilities, rather than immediately tackling divisive issues. These "Common Ground Dialogues" would aim to foster mutual understanding and empathy by exploring shared experiences and aspirations that transcend ideological or religious divides.

Mechanism:

1. Identify Shared Foundations: The dialogues would begin by exploring universally resonant themes such as the importance of family, the desire for security and prosperity, the value of education, the pursuit of justice, and the responsibility to care for the vulnerable. These are often unacknowledged commonalities that can serve as the bedrock for deeper conversation.
2. Facilitated, Respectful Exchange: Utilizing skilled, neutral facilitators trained in intergroup dialogue, participants from different religious, ethnic, political, and socio-economic backgrounds would engage in facilitated discussions. The emphasis would be on active listening, empathetic understanding, and sharing personal narratives, rather than debate or persuasion.
3. Focus on "How" Not "What": Instead of arguing about what the "correct" religious practice or political stance is, the dialogues would focus on how different groups experience and navigate shared civic challenges. For example, discussions on educational challenges might explore the diverse parental concerns and hopes across different communities, fostering understanding of their respective approaches.
4. Building Bridges, Not Consensus on All Issues: The explicit goal is not to achieve consensus on contentious political or religious matters, but to build relationships, reduce prejudice, and cultivate a sense of shared destiny. The understanding is that by strengthening the bonds of mutual respect and empathy, Israelis will be better equipped to navigate disagreements constructively.
5. Integration with Existing Institutions: These dialogues could be integrated into existing civic education programs in schools, universities, community centers, and workplaces. Partnerships with NGOs focused on peacebuilding and intergroup relations would be crucial.

Rationale: This civic move directly addresses the Arukh HaShulchan's concern about division and strife by proactively building the foundations for unity. By focusing on shared values and experiences, it seeks to create a more resilient social fabric. In the context of Israel, where deep divisions can threaten social cohesion, fostering empathy and understanding across diverse groups is not just a desirable outcome, but a necessary step for ensuring the long-term health and stability of the nation. It embodies the spirit of seeking to "unify them and to bring them together in peace," by nurturing the understanding that despite differences, there is a shared human and national experience that can serve as a powerful unifier. This approach respects the validity of diverse customs and perspectives, while working to strengthen the overarching sense of peoplehood and shared responsibility.

Takeaway

The Arukh HaShulchan, writing centuries ago, offers us a timeless reminder: communal harmony is not a passive state, but an active pursuit. The tension between accommodating diverse practices and upholding core communal values is a perennial challenge. In modern Israel, this tension is amplified by the very aspirations of building a diverse, democratic, and Jewish homeland. Our task, mirroring the wisdom of the Arukh HaShulchan, is to constantly seek ways to foster unity not through enforced uniformity, but through empathetic understanding, respectful dialogue, and a deep commitment to the shared responsibility of building a vibrant and enduring peoplehood. The strength of Israel, then as now, lies in its capacity to weave together its rich tapestry of traditions and perspectives into a resilient and hopeful future.