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Tuesday, February 05, 2008
Rabbi Shmuley Boteach and Christopher Hitchens: The Debate Continues

Last week we posted a video excerpt from the “Does God Exist?” debate held at the 92nd Street Y between Rabbi Shmuley Boteach and Christopher Hitchens but one specific point remains to be settled. In the debate, Rabbi Boteach disputed Hitchens’ claim that an Israeli rabbinical court ever made a ruling that strict observation of the Sabbath cannot be broken to save the life of a non-Jew. Hitchens wrote to the Y to follow up on the challenge and Rabbi Boteach has responded. Both have requested that the exchange be published here.

imageI am writing on a point of principle and a point of information. I quote from the opening page of Chapter 1 ["A Closed Utopia?"] of Dr. Israel Shahak’s book Jewish History, Jewish Religion (Pluto Press 1994):

This book, though written in English and addressed to people living outside the State of Israel, is, in a way, a continuation of my political activities as an Israeli Jew.

Those activities began in 1965-6 with a protest which caused a considerable scandal at the time: I had personally witnessed an ultra-religious Jew refuse to allow his phone to be used on the Sabbath in order to call an ambulance for a non-Jew who happened to have collapsed in his Jerusalem neighborhood.

Instead of simply publishing the incident in the press, I asked for a meeting with the members of the Rabbinical Court of Jerusalem, which is composed of rabbis nominated by the State of Israel.

I asked them whether such behavior was consistent with their interpretation of the Jewish religion. They answered that the Jew in question had behaved correctly, indeed piously, and backed their statement by referring me to an authoritative compendium of Talmudic laws, written in this century. I reported the incident to the main Hebrew daily, Haaretz, whose publication of the story caused a media scandal.

As you may remember from the event at the 92nd Street Y on Wednesday evening January 30th, I was challenged by Rabbi Shmuley Boteach to provide a source for an assertion I had made on Orthodox teaching in this respect, and promised by him that he would buy 100 new copies of my book if I could materialize my point. I hereby submit this excerpt, and beg three things of you:

1) That those who subscribed to the broadcast version of the debate are made aware of my response.
2) That Rabbi Boteach is likewise made aware of it (I have no channel of communication to him).
3) That one of you agrees to act as arbiter until the task - surely quite easy - of consulting the relevant Haaretz files has been completed. I think the burden here now rests with Boteach, though I shall meanwhile institute some inquiries of my own.

I take this opportunity to say that it is always a distinction to be invited to appear on your platform.

Sincerely,
Christopher Hitchens

# # #

imageDear Christopher,

Thank you very much for your email which I only received this morning. And, let me thank you for agreeing to the debate the other night. Your email divined my own weekly article on the subject (Jerusalem Post: “Christopher Hitchens and the racist Jewish court”) which was written Saturday night and Sunday. After you mentioned that Shahak was your source, I investigated the incident. As you surely know, Lord Immanuel Jacobovits, one of the world’s leading medical ethicist’s and the highly respected late Chief Rabbi of the United Kingdom and member of the House of Lords, exposed Shahak’s letter as a fraud a year after it was written. I enclosed my article on the same. Interestingly as you will see, Shahak does not mention name of the Rabbinical court (there are hundreds of Rabbinical courts in Jerusalem). Less so does he cite a single source within Talmudic law, because he knows the Talmud says the exact opposite, that the Sabbath is desecrated to save the life of a non-Jew.  Even if Shahak were to be a source, and Shahak, as you know (he was a close friend of yours) has made many sourceless defamatory allegations against Jews, such as my article says, your book still says that, “many” Rabbinical courts say that Jews must not save the life of a non-Jew on the Sabbath. I ask you to please therefore cite another source which would justify your statement of “many.”

Shahak refers to a single incident, and even then, not one where the Sabbath would even be desecrated. There is no prohibition in allowing one’s phone to be used on the Sabbath, as you no doubt know. The prohibition is using it yourself. And, second, after reading my article on the subject, would you please respond?  I, too, asked that the readership of the 92nd Street Y please be made aware of my article on the subject, and of Christopher’s email citing Shahak as the source, and my comments on the same. I welcome the appointment of an arbiter and I agree that those who watched the debate around the world should be made aware of my article and Christopher’s email. And, I will await Christopher to bring more sources to justify the “many” he cites.

Wishing you all the best.

Sincerely,
Rabbi Shmuley Boteach

# # #

Related Reading: This topic was extensively researched by Gil Student in 2001, “Shabbat and Gentile Lives.”

Update: Watch the FULL VERSION of the video.



Comments Reader Comments

I cannot believe Boteach would be proven wrong so clearly.  Even more surprising, he won’t accept that he lost the challenge issued to Hitchens.

He doesn’t believe his source??? Are you kidding me!

This just tells me that he will find any way to dodge the fact that he was completely embarrassed by this whole challenge and throughout the whole debate.

By Brett at February 11, 2008, 3:48am

Boteach lost; stop trying to create a technicality that isn’t there.

By John at February 11, 2008, 4:57am

Boteach is clearly correct on this matter. Seems that Shahak fabricated a falsehood and Hitchens, maybe because of his relationship with Shahak, believed it. Not everything in print is true, and especially not when one is trying to perpetuate a skewed position which at least in this case is not supported by reality.
So, strict observation of the Sabbath CAN be broken to save the life of a non-Jew!

By Eli at February 11, 2008, 7:19am

I don’t think strict observation of the sabbath can be broken. This was a case of allowing your phone to be used which is not strictly forbidden, and not making the call yourself which is strictly forbidden. I assume if the person themselves would have to make the call it would be a different story and would probably be forbidden.

By mike at February 11, 2008, 9:40am

“I will await Christopher to bring more sources to justify the “many” he cites.”

The rabbi asked for one source in his challenge, not many. He lost the bet. Asking now for further sources is intellectually dishonest.

Start buying those 100 books rabbi.

By mike s at February 11, 2008, 2:38pm

Christopher Hitchens is right, the rabbi is changing the rules and weaseling out of the agreement.

Mr. Hitchens, I’m from Ohio and I beg one thing of you, please remember that awful travesty known as the “Creation Museum” is in KENTUCKY, not OHIO!

By Ed E at February 11, 2008, 6:25pm

Rabbi Shmuley claims that the Chief Rabbi of the United Kingdom exposed Shahak’s story (published 1965) as a fraud a year after it was written.  Immanuel Jakobitz, who incidentally was not the Chief Rabbi of the UK until a year after he refuted Shahak, said that Shahak personally admitted the story involving the telephone was fabricated.  But if Shahak actually made such an admission, it seems rather unlikely he would’ve reprinted the same account in a book nearly 30 years later.

After the initial publication, the Chief Ashkenazi Rabbi of Israel offered a responsum to Shahak, stating that “the Sabbath must be violated to save non-Jewish life no less than Jewish lives” but he further explains that the rationale is not the equal value of human life but enmity instead.  That is, not saving the life of a gentile might create hostility toward Jews and thus it would be wrong not to save the life on those grounds alone.  It would seem to follow that in such circumstances where there is no risk of enmity, the Sabbath ought to take priority, but the Rabbi does not address this specifically.

Even so, just because one Rabbi said that Gentile lives must be saved, it does not mean that a certain Rabbinical court could not have told Shahak that it was pious to let a gentile die.  Jewish law does not have a central authority like the Vatican, and there were and are discrepencies of thought among varying sects and leaders.

I have a feeling this dispute won’t get definitively settled unless there are court records that show Hitchens is right.

By Alex at February 12, 2008, 3:11am

The rabbi lost the debate that he chose to conduct in the most unfair way, through ad hominem attacks against Hitchens, by mis-representing facts, asserting bold lies, and resorting to all sorts of logical fallacies. It is no surprise to me that he would now attempt to move the goal-post, rather than facing up to his obligations.

The rabbi is a very sad figure, who never was appointed rabbi at Oxford, never debated professor Dawkins (he only moderated those debates), never was a “good friend” of professor Dawkins’, and clearly never cracked a book by S.J.Gould, otherwise he would know that Punctuated Equilibrium is a theory within the theory of Evolution, and not a competing theistic interpretation.

What would motivate professor Hitchens to debate such an inferior and dishonest opponent is beyond my grasp.
It was like watching Einstein debating Paris Hilton on nuclear physics.

By decius at February 12, 2008, 6:36am

Citing a source whose veracity has been challenged and found, in most publications, to be fabricated and false, does not count as valid proof. There is lots of material on this available on the web and elsewhere. Shahak’s ideological positions have resulted in his making a number of claims which have been refuted, and this is one of the more prominent ones.

Though I agree that Boteach’s presentation was poor and often tangential, Hitchen’s does not cite a valid source for this item. All sorts of things are published; that does not make for truth or accuracy. Hitchen’s claims to be writing the truth; therefore he has an obligation to search for truth.

By Eli at February 12, 2008, 1:26pm

Eli, by challenging Shahak’s credibility in general, you are engaging in the poisoning the well logical fallacy, a subset of the argumentum ad hominem, which isn’t going to help to shed any light on the issue.

What is at stake here is the veracity of the specific allegation that a rabbinical court has deliberated in the manner stated by Hitchens, and written by Shahak.
No doubt, this will be investigated further and the final outcome of the inquiry will not rest on anyone’s unsubstantiated claims.

So far, it doesn’t look good for the rabbi.

By decius at February 12, 2008, 2:36pm

Eli,
where is if “found to fabricated”
rather than said to be fabricated?
I cannot find proof on either side,
only assertions.
Have you seen a solid fact on this?

By robd at February 12, 2008, 2:53pm

“Shahak’s credibility in general, you are engaging in the poisoning the well logical fallacy, a subset of the argumentum ad hominem, which isn’t going to help to shed any light on the issue.”

Checking the validity of Shahak’s credibility is of utmost importance in this matter. Shahak doesn’t provide any *sources* for his assertion (e.g., no written responsa, corroborating witnesses, Talmudic citation or name of the Rabbinic court). For someone, such as Hitchens, who prides himself on observable proof, bringing a friend’s unverified (and refuted) claim, seems comical.

However, this isn’t the first time Hitchens decided not to check his sources. In his latest book, he repeats as true the slander that Jews have sex through holes in sheets. I know Hitchens is busy, but at least check snopes.com!

I didn’t see the debate, so I’m reserving comment on their individual performances.

Oh yeah, to “mike” who states that “I don’t think strict observation of the sabbath can be broken” - clearly you didn’t research this matter. Please read here: http://www.edah.org/backend/document/jakobovits1.html

To Alex: You state that “even so, just because one Rabbi said that Gentile lives must be saved...” One Rabbi? The responsa was written by the Ashkenazi Chief Rabbi. That’s like calling Magic Johnson, “some professional basketball player.” There are tens of thousands of Rabbis. Rabbi Isser Yehuda Unterman was not just “one” of them.

Also, you state that it “does not mean that a certain Rabbinical court could not have told Shahak that it was pious to let a gentile die.” The possibility this happened is true. Weird, that Shahak refuses to identify that court even when confronted by such a scholar as Rabbi Jakobovits. For 30 years he didn’t seem to defend his position by naming that court. I wonder why the court that made the decision didn’t speak up either.

While there is no central authority like the Vatican, the responsa I published above quotes the Mishnah & Talmud. “Varying sects and leaders” may have their own rulings on certain issues, but ones that are clear in the Oral Tradition are not (as for as I have seen) up for being changed.

By MDR at February 12, 2008, 11:39pm

Dear MDR,
I stand by my previous post.

You say:"Checking the validity of Shahak’s credibility is of utmost importance in this matter.”
In fact,Shahak’s credibility is totally immaterial.
What you have to check for is independent confirmation of the validity of this particular claim of his.
Even if he were a pathological liar, he might have said the truth in this circumstance.

We both agree that we can’t rely on anybody’ s unsubstantiated claim and better evidence must be provided, if none is already available.

I hope that I made myself clearer.

Thanks for your attention.

By decius at February 13, 2008, 4:55pm

Dear Decius,

Thanks for responding. In situations where concrete evidence is available, the credibility of a witness is not of utmost importance (however, the witness could twist and manipulate evidence, so knowing their disposition towards the truth is somewhat helpful).

However, in this situation Mr. Shahak provided *no* proof or sources. Looking for “independent confirmation” was and is therefore impossible.

I agree that “even if were a pathological liar, he might have said the truth in this circumstance.” In such a situation you would refer to corroborating evidence. Since none exists, we can only go on Mr. Shahak’s word. In this specific situation, his credibility is significantly material.

Imagine that there was no hard evidence and two people were giving testimony as to what happened. Would you give the same weight to the following people?: a) someone you’ve known personally as an honest and truthful person b) someone that you know personally as a pathological liar.  If not, then knowing Mr. Shahak’s credibility becomes relevant.

We agree on the fact evidence must be provided. I am not sure about you, but Mr. Shahak’s word wouldn’t stand as “evidence” in my opinion.

By MDR at February 13, 2008, 10:49pm

Why people have such debates is beyond me. They talk about subjects that have such a wide number of points that they can talk for all the time without ever addressing each other.

Why not focus on a single point that has a narrow focus and is possible to reach a solid conclusion so that it may be progress in this field.

By nickreal03 at February 13, 2008, 11:37pm

“There is no prohibition in allowing one’s phone to be used on the Sabbath, as you no doubt know. The prohibition is using it yourself.”

And from the text from Gil Student.

“As we have seen from Ramban, we are allowed to violate Shabbat to save Gentiles who have officially accepted on themselves to live righteous lives. Third, and perhaps most importantly, the permission, or lack thereof, to violate Shabbat to save someone’s life is not in any way a valuation of that person’s life because no life, whether Jewish or Gentile, is more important than Shabbat.”

So basically Jews aren’t allowed to call someone for help on a Shabbat, and neither are they allowed to save the lives of the unrighteous.

Following the subject of the debate, “Does God Exist?”, if there was no idea of a God, or simplye it didn’t exist, jews would be frown upon for that behaviour.

Wheter or not Hitchens source is false, the subject he brings up is undoubtfully an important one, isn’t it a crime, let alone ethically wrong, to let someone die? We can try to define wheter someone deserves or not to be punished for something, but we try to be rational and agree on it, why should a single jew be allowed to let someone die because of what he particulary thinks of the dying? We shouldn’t, and anyone who thinks we should, is obviously deranged. As conscious beings we should all stand for each other.

By Iván Löhr at February 14, 2008, 5:10pm

MDR -
I certainly should have qualified the statement of “just one Rabbi” to include “even such a prominent one” but the point about there being no overarching authority to settle theological disputes still applies.  I’m not a scholar of Jewish Law and I hope you’ll correct me if I’m wrong about any of this, but doesn’t it say in the Shulkhan Aukh that “one must not lift one’s hand to harm him [a gentile], but one may harm him indirectly, for instance by removing a ladder after he had fallen into a crevice”?

Or as Maimonides puts it “… their death [gentiles] must not be caused, but it is forbidden to save them if they are at the point of death; if, for example, one of them is seen falling into the sea, he should not be rescued, for it is written: ‘neither shalt thou stand against the blood of thy fellow’ [Leviticus19:6] - but [a Gentile] is not thy fellow.”

From what I can gather there are only two exceptions to this 1. a case when hostility towards Jews might be created by the failure to save the Gentile’s life and 2. in the case of a Gentile who lives by the Noahide laws and prays to God (which would certainly exclude someone like Hitchens).  And as I understand it in both these cases, it merely removes the “ban” on saving the Gentile’s life rather than creating a moral imperative to do so.

If this understanding is correct, I don’t see any reason to think it unlikely that a Rabbinical court might have told Shahak that the telephone incident was pious (assuming the issues of enmity and rightousness were not evident).  While I agree that the story remains unverified and perhaps unverifiable, it remains in Shahak’s favor that he was a great scholar of Jewish law, as evidenced by his meticulously referenced works on the subject.  And regardless of whether the particular incident was or was not fictional, Hitchens’ rather tautological point still stands unchallenged - Jewish Law favors Jews.

By Alex at February 15, 2008, 3:38pm

I am firmly on the Hitchens side of this debate, but I am reluctantly of the view that he overstated this point.  Unfortunate.

But for me the underlying issue is much more important.  I find it ludicrous that the question of whether someone should be treated on some day of the week had to be submitted to any kind of court at all.  Any religious doctrine that even nudges in that direction should be seriously questioned.

By Tim at February 18, 2008, 4:46pm

Christopher Hitchens won fair and square. The rabbi needs to pay up.

By Veronica at February 18, 2008, 6:28pm

Even if Hitchens is wrong, the point is quite esoteric and there was no need to quibble over it for so long. Unfortunately, this is what usually happens in debates over religion.

By Lamar at February 20, 2008, 10:48pm

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