Personal Finance Info

This blog will contain information about personal financial planning items of interest to CPA advisors and others. It also has information on Israel, public affairs, culture and other things I care about.

Name:
Location: United States

I live with my husband and our spoiled dogs—an English Springer Spaniel, Sasha and an English Setter, Alley in Westfield, NJ.

Monday, October 06, 2008

Subprime lending, the credit crisis, and MORE

Okay so for months you’ve heard about subprime lending, people losing their homes, the housing market declining, banks firing their CEOs and writing off billions, and, basically, our economy taking a turn for the worst. so WHAT DOES IT ALL MEAN?!

This post will (attempt to) define subprime lending & the resulting “credit crisis.”

In a nutshell, since the housing market was up pepole wanted to buy homes because they thought the price of their home would continue to appreciate (increase in value). Mortgage lenders began doling out the mortgages to even those whose credit history was bad, or SUB PRIME, or who didn’t have the money to back themselves up. These subprime loans were too good to be true, with no money down and often very low interest rates for the first few years. What the lenders were duped (or allowed themselves to be duped) into was actually a loan that they would not be able to pay back, because in the later years those interest rates would rise to much higher rates. Indeed, the borrowers were unable to pay the loans back and they defaulted (when a debtor is unable to meet his financial obligations). The lenders then had to foreclose their houses (when a bank repossesses a house due to the owner’s failure to comply with the agreement, ie pay the mortgage) and the homeowners got screwed. Example, in Cleveland one in every ten homes is foreclosed.

So obviously that hurts individual homeowners (displaced from their homes), that hurts the mortgage lenders (did not receive mortgage payments from hundreds of borrowers), and that hurts the real estate market because there are a bunch of homes that can’t be sold (becasue people can’t get the loans they used to be able to get), or that are on the market for a much lower price.

What about Wall Street? Well, this is where it gets tricky. What happened in the middle of all of this was…… Wall Street (and by Wall Street I mean the big banks, think Merrill or Citi) either expanded its own mortgage arm to lend out those subprime loans, or they bought the mortgages from the mortgage lenders, acquiring all of the future repayments from the lenders as well as all of the risk. They then packaged up hundreds of those mortgages into a single security called a CDO (collateralized debt obligation - Which if you think about it makes sense. It’s a group of obligations from debtors (the borrowers) with collateral (their newly purchased homes) to back them up). They sold these CDOs to each other, and to hedge funds and other financial institutions for money. It’s like selling an IOU for $100 in the future to someone who will give you $90 today.

Okay, so with every kind of security (an investment instrument representing financial value) there are rating agencies (Moody’s or Standard & Poor’s) who rate the quality of the security. Well, the rating agencies gave the CDO’s high ratings, meaning there was little risk that the borrower would default. This provided impetus for the hedge funds to buy more CDOs. Everything was hunky dorey and both Wall Street and hedge funds were raking in the dough until the cookie began to crumble and everyone realized they were dealing with an investment instrument that lacked any financial value (you see, because the instrument depended on the mortgages from the individual borrowers who did not have the money to repay the loans). The whole system crashed, many hedge funds had to shut down, and Wall Street wrote off billions (and fired many).

STOP!!!!!!!!!!!!!!!!! That’s all you need to kow. For further reading, check out below (though I’ve been told it is too confusing, it goes into a bit more detail). Also, here is a link to an easy explanation.

What it is: Subprime lending basically means lending to people who have deficient credit history but who have collateral, like a house, to guarantee the loan. The interest schedule usually has low initial “teaser” rates (like no money down, no questions asked) that reset in later years to much higher rates. The borrower is typically unable to handle those higher rates and, basically, they’re set up to default (definition: when a debtor cannot meet his financial obligations).

Who lends & who receives: The borrower is someone with bad credit (from credit cards, previous loans, previous apartment rent), or who is in an adverse financial situation. The lenders are mortgage lenders.

How is the lending done: Subprime lending is through mortgages, car loans, credit cards, etc. Wall Street (think Citibank and Merrill Lynch) either makes these loans or steps in to buy those mortgages from the mortgage lenders. They repackage a hundreds of these loans into single CDO (collateralized debt obligation) packages. Then they sell them to hedge funds & other investors. The buyer of the CDO is given the right to both the cash inflows from the borrowers, and, of course, the risk.

Why does subprime lending happen: The recent boom in subprime lending was really a result of the housing boom – borrowers wanted homes because they bet on increasing house price appreciation, mortgage lenders wanted to lend them money to buy the homes. This is where it gets controversial. It is thought that it is unregulated predatory lending – the lenders are aware that the borrowers will not be able to repay the loans, which will lead to default, seizure of collateral, and foreclosure, as we saw this summer. Additionally, borrowers should have known better and were easily coerced.

Ahuh, ahuh, so what ACTUALLY happened:

What happened was the CDO’s (and thus the individual mortgages) that Wall Street were selling were given high credit ratings by rating agencies, who basically define the credit worthiness, or the borrower’s ability pay back the loan. This high rating encouraged hedge funds and other financial institutions to buy the CDO’s from the banks.

Basically, the whole system caught up with itself this year when a far greater than anticipated percent of borrowers defaulted and were unable to pay their loans. (didn’t see that one coming..)

This affected..

Borrowers/homeowners - they can’t repay the loans, their assets were seized, their houses were foreclosed. In Cleveland, Ohio, one in ten homes is now vacant because of foreclosure. (definition of foreclosure: when a bank repossesses a house due to the owner’s failure to comply with the agreement, ie pay the mortgage)

Financial institutions –Wall Street bought the mortgages from the mortgage lenders or did their own lending. They turned around and sold off those mortgages in the form of CDO’s. Thus, they had more money for more lending, creating a snowball effect. They often sold off the CDO’s with an agreement to buy them back if there was no market to the buyer to turnaround and resell them. When the loans defaulted In the end the whole street wrote off billions and, of course, laid off many. Oh, and they put a cap on annual bonuses, at only $750,000 a year. Poor guys.

Hedge Funds – Since hedge funds bought into the fun little game, they, too, suffered losses. They bought the CDOs from the banks and then sold them to other financial institutions. Hedge funds also had repurchase agreements which say that the hedge fund will buy back the CDO at a later date for a greater amount of cash, basically protecting the buyer from default. Well, when the value of the CDO declined, the hedge funds didn’t have the cash or collateral to put up, the hedge fund was forced to liquidate their other assets. Many of them had to close down.

You, me, and our economy – That’s right. Now we’re looking at a recession.

I don’t have access to the same types of loans that I previously had, so I’m unable to spend as much money (especially during this holiday season when consumer spending is usually up up up). OR I saw the huge false demand for housing (false because it was being financed with money that nobody really had) which spurred me to enter the market and start building homes. Well now nobody is going to buy my homes and if they will, it will be for a much lower price than I anticipated. OR My home was foreclosed and I’ve been displaced. OR I live in a nice home in the suburbs that I thought was worth $500,000 and is not only worth $400,000. I feel a lot less rich and will likely curb my spending. OR I used to work for Merrill Lynch and I was laid off (unless I was the CEO, in which case I’m flying high) OR I worked/owned a hedge fund and got caught up in this mess and had to shut down/write off.

At least I think that’s what happened….

"The last wrench in the toolbox"

If you haven’t heard, the “mother of all bailouts” may soon take place in the US. The Federal Reserve plans to spend $700 billion to buy up mortgage related debt from our ailing banks so the banks will be able to lend again. Credit is, after all, what America runs on. As Bernanke put it, it’s “the last wrench in the toolbox” to fix our financial crisis. But how did we get here? Here’s where the blame game leads us…

Greenspan
He had interest rates too low for too long, which resulted in the housing bubble. But what is too low too long? You can’t blame the guy for thinking “innovation and structural change in the financial services industry have been critical in providing expanded access to credit for the vast majority of consumers, including those of limited means.”

Consolidated Supervised Entities Program
In 2004 the SEC changed the rules under which banks with at least $5-billion of capital calculate their gross leverage ratios. It basically raised the leverage ratio to 30, from about half that. A gross leverage ratio measures the amount of debt a company has compared to its net capital. There are different ways to calculate a leverage ratio - this law governed the comparison of debt to net capital (which is basically your total capital minus anything that can’t be easily converted into cash (like debt)). A leverage ratio of 30 basically means there was 30 times as much debt (bad stuff) as there is equity (good stuff). Under the law, the banks could take on more debt, which was good when times were good because it allowed them to make more transactions. However, high levels of debt means it takes only a small decline in the value of the firm for the bank to go bankrupt.

Five investment banks fell under the program: Goldman, Merrill, Lehman, Bear, and Morgan Stanley. It is noted that at the time of decline, Merrill had a leverage ratio of about 40, Lehman of 36.

Goodbye Uptick Rule
In 2007, the SEC eliminated the “uptick rule”, which prohibited sellers from shorting a share when the stock was selling for lower than the previous trade. This rule was instituted after the Crash of 1929, as shorting was alleged to be the culprit of the crash. After research and assessment of the rule, the SEC suggested the uptick didn’t matter and lifted the ban. Now, shorting has been blamed for today’s crisis and has been put on a temporary ban.

Hedge Funds
Hedge funds aren’t as highly levered as ibanks, but do they do a lot of shorting. Perhaps their ubiquity spurred the financial decline. They’ll pay whether or not that is the case. About 90% of hedge funds are currently losing money and that’s sure to increase with the advent of the short selling ban.

Ratings Agencies
It’s not the Fed’s job to allocate or assess risk, so we can’t truly blame Greenspan. But the job is someone’s responsibility. Whose? The ratings agencies, these government sanction oligopolies like Moody’s, S&P, and Fitch. See, the ratings agencies slapped high ratings on all of the Mortgage Backed Securities. An MBS is a bundle of a bunch of loans, some dodgy, some not, that are all rolled into one tradable security, like a stock. The Ratings Agencies rate all securities based on their level of risk. Again, the ratings are a lot like school grades, A good, B okay/bad, C junk. The Ratings Agencies aren’t regulated by the SEC, and so were not really watched throughout this whole game. So they were able to slap high ratings on risky MBS’ last year, and then downgrade AIG last week, putting the onus of bailing them out on you and me.

The SEC
The SEC was created in 1933 to protect small investors against securities fraud. It doesn’t have robust oversight over all financial entities, ratings agencies included, and is not really equipped for our financial world.

The Deregulatory Financial Modernization Act of 1999
In 1933, Congress established a set of banking regulations under the Glass Steagall Act. Thinking commercial banks (ones that take deposits from everyday citizens) caused the Crash of 1929, the act separated the commercial banks and the investment banks. This way investment banks would take on risky investments, and commercial banks could protect its members by not. Before 1933, there were few investment banks and the Glass Steagall Act spurred Wall Street as we know (ahem, I mean knew) it.

The Glass Steagall Act was repealed, however, in 1999 under the Deregulatory Financial Modernization (Gramm-Leach-Bliley Act) Act. This allowed the commercial banks to take on the same risky bets that ibanks did. A commercial bank (one that sells to you and me, like Citigroup or WaMU) could trade Mortgage Backed Securities, Collateralized Debt Obligations, and other SIVs, Structured Investment Vehicles. So basically, it allowed the guys that are usually safe and who hold my life savings to take on risky investments and get all mixed up in the mess too.

The Glass Steagall Act of 1933
Or you could blame the Glass Steagall Act of 1933 (mentioned above) itself, for really creating the stand alone investment bank in the US

NPR today summed up by pointing out that the total of credit default swaps is enormously more than the total money in the world -- and that people were taking out credit default "insurance" on bonds they did not own, as a way of gambling.
It sounds exactly like "selling" a stock hoping it will go down.

And NPR said some bonds might have ten different credit "insurance" deals on them so if they fail, ten times as much money as the value would supposedly have to be handed over to the people who bought the "insurance."

And NPR said that these are secret, none are registered, there is no money set aside to cover them -- because values 'could only go up' so it seemed like free money with almost no risk.

And they said repeatedly, these were really , really smart people.

Any of that true?

Why not just require all these financial instruments to be publicly disclosed -- register them, book them. After a deadline (say, January 9th?) any that are not public are invalid.

Then -- everyone will know where the risk is.

FW: The Henry Waxman show-- Credit Crisis Reality TV on line

Credit Crisis Reality TV: Big List of Upcoming Hearings

The next few weeks of C-Span will be like a new credit crisis reality TV show. Just look at all the upcoming hearings that will likely be broadcast:

(You can go to site http://oversight.house.gov/story.asp?ID=2209  where I am watching it live online……)

October 8, 2008: Causes and Effects of the Lehman Brothers Bankruptcy
House, Committee on Oversight and Government Reform (Waxman)

Hearings to examine the regulatory mistakes and financial excesses that led to the bankruptcy filing by Lehman Brothers.

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October 9, 2008: Causes and Effects of the AIG Bailout
House, Committee on Oversight and Government Reform (Waxman)

Hearings to examine the regulatory mistakes and financial excesses that led to the government bailout of AIG. 

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October 16, 2008: The Regulation of Hedge Funds
House, Committee on Oversight and Government Reform (Waxman)

Five fund managers who earned over $1 billion last year have been invited to testify about the role of hedge funds in the financial markets and their regulatory and tax status. The five witnesses are John Alfred Paulson, President, Paulson & Co., Inc.; George Soros, Chairman, Soros Fund Management LLC; Philip A. Falcone; Senior Managing Director, Harbinger Capital Partners; James Simons, Director, Renaissance Technologies LLC; and Kenneth C. Griffin, Chief Executive Officer and Managing Director, Citadel Investment Group.

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October 22, 2008: The Breakdown of Credit Rating Agencies
House, Committee on Oversight and Government Reform (Waxman)

The CEOs of the nation’s three largest credit rating agencies have been invited to testify about the role of the credit rating agencies in the financial excesses on Wall Street. The three witnesses are Deven Sharma, President, Standard & Poor’s; Raymond W. McDaniel, Chairman and Chief Executive Officer, Moody’s Corporation; and Stephen Joint, President and Chief Executive Officer, Fitch Ratings.

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October 23, 2008: The Role of Federal Regulators
House, Committee on Oversight and Government Reform (Waxman)

Former Federal Reserve Chairman Alan Greenspan, former Treasury Secretary John Snow, and current SEC Chairman Christopher Cox have been invited to testify about the role and responsibility of federal regulators in the Wall Street financial crisis.

One good news question-- no hearings with the Big 4 auditors?  This time!  As an aside, all of the above hearings are at 2154 Rayburn House Office Building soooo if you're in the DC area…should be fun.

The attachment should make it very clear to us all..  I free we have to go through it – to feel the pain. Happy New Year.

 

Phyllis Bernstein, CPA/PFS

Phyllis Bernstein Consulting, Inc

7 Penn Plaza, Ste 1600

New York, NY   10001

212-330-6075

www.pbconsults.com

 

 

why is it that Charlie Rose is one of the few in mainstream media taking this story seriously?

Larry Summers and Robert Rubin Talking Financials



An exclusive conversation with Warren Buffett

The creators of the financial mess may go unpunished.

For supporters of the Bush administration's $700-billion Wall Street bailout, it stands as a key selling point: a provision that limits pay packages for the heads of companies helped by the taxpayer-funded rescue program.

There's just one problem: It would do little to cap executive pay or rein in the enormous retirement packages - the golden parachutes - that have come to symbolize corporate excess.

Not only is the compensation provision vague, it is punched full of loopholes and leaves many issues of executive pay for the White House to decide later. Legal and political experts say the bill will do almost nothing to limit CEO compensation - even for companies that benefit handsomely from the taxpayers' generosity.

It wasn't supposed to be this way.

When Treasury Sec. Henry M. Paulson Jr. unveiled his controversial bailout plan without CEO pay limits, voters were outraged. Lawmakers scrambled to insert a change - responding to the reasonable sensibility that some of the nation's wealthiest people shouldn't get a windfall through a bailout necessitated by the crisis many of them helped create. Unfortunately for taxpayers, some experts say, the current bill won't prevent that from happening.

For example, under current law, businesses may claim a tax deduction for all salaries under $1 million. The bailout plan would lower that ceiling to $500,000 - but only in cases when the Treasury Dept. buys up more than $300 million of the company's toxic assets, not including those purchased directly from the company. In addition, the salary-deduction rule would apply only to five employees per company. That means participating firms would lose, at most, $2.5 million in deductible claims.

"It's not even a rounding error for a big financial institution," said Adam J. Levitin, a credit expert at Georgetown University Law Center.

In addition, as Rep. Brad Sherman (D-Cal.), an opponent of the rescue bill, pointed out, the tax-deduction language targets the companies but has no effect on the executives themselves.

The provisions to end golden parachutes are also plagued with gaping loopholes. The bill does nothing to alter terms of existing contracts, for example, instead allowing retirement packages negotiated before the bailout to proceed. For future employees, meanwhile, the bill would prohibit golden parachutes only when the executive is fired, or the company fails, despite the federal help.

Again, only companies dumping more than $300 million in bad assets are even subject to the golden parachute rules - and it can effect only five employees per company. That means an executive in a corporation receiving more than $300 million from the taxpayer-funded bailout would remain eligible for an unlimited retirement bonanza if that company became profitable and the executive retired voluntarily.

If that sounds vague - it is. The proposal currently asks the Treasury secretary to fill in the blanks after the bill is signed into law.

Another hole big enough to drive through: The proposal does nothing about stock options. So a bailed-out executive could be rewarded now with those options (trading low in the middle of the current financial crisis) and cash in - without penalty - for a windfall later if the company rebounds.

Experts point out why this loophole should be closed: Executives paid in enormous numbers of stock options have incentives to make risky investments - say, mortgage-backed securities - that could send the stock through the roof. Indeed, the AFL-CIO is dedicating its Executive Paywatch Website to the purpose of linking CEO pay to the current credit crisis.

Confused?

So is everyone. But that could be the point.

Lawmakers want to be able to say they've taken steps to control executive pay, while not stepping on too many toes in the powerful financial-services industry - perennially the largest contributor to Washington lawmakers.

Sarah Binder, political science professor at George Washington University and Brookings Institution scholar, said the complicated nature of the compensation issue plays to the political favor of the bill's supporters. "The details are too confusing for most people to understand," Binder said.

Levitin agreed, saying that backers of the "either haven't read the language or they're just shilling for the purpose of political cover."

In Congress, Sherman is not the only House Democrat to raise a red flag.

Rep. Peter DeFazio (D-Ore.) sent a letter to Democratic colleagues this week pointing out seven of the most egregious loopholes of the CEO compensation provision. "If you are considering voting for the bailout because the bill requires the CEOs of Wall Street to take a pay cut," DeFazio wrote, "you will be sorely disappointed."

The House killed their version of the bill Monday, but a modified Senate version easily passed the upper chamber Wednesday. Before that vote, Sen. Bernie Sanders (I-Vt.) urged senators to kill the proposal. "Under this bill, the CEOs and the Wall Street insiders will still, with a little bit of imagination, continue to make out like bandits," Sanders said.

Sen. Christopher Dodd (D-Conn.), the chairman of the Senate banking committee, was quick to respond, calling the bill's compensation limits "anything but mild."

"It is the first time ever in the history of the Congress," Dodd said, "that we are actually going to pass legislation dealing with golden parachutes. More will be done, but this bill does take very concrete, specific actions in that regard."

All eyes were on the House Friday when it passed the Senate-passed bill, by a vote of 263-171. The legistlation was then quickly sent to President George W. Bush, who signed it.

Much has been made of the changes to that proposal - including $150 billion in tax benefits to businesses and families. Yet aside from one provision raising the upper limit on federal deposit insurance from $100,000 to $250,000, nothing substantial has changed within the financial rescue plan that the House rejected.

Monday, December 31, 2007

Bill encourages artists? donations (again)

Jason Edward Kaufman | 26.4.07 | Issue 179


NEW YORK. For the fifth consecutive session of the US Congress, a bill has been introduced that would allow artists to deduct the fair market value of works of their own creation from their taxes, if they donate them to museums and libraries.

Existing provisions enable collectors to deduct the value of donated art, but artists can deduct only the cost of supplies such as canvas and paint.

?This is unfair to artists, and it hurts museums and libraries,? says Senator Patrick Leahy, the Vermont Democrat who reintroduced the Artist-Museum Partnership Act with Senator Robert Bennett, a Utah Republican.

Congress revoked artists? right to the deduction in 1969 because some had been declaring inflated values for their works.

The Internal Revenue Service subsequently curtailed such abuses by requiring qualified appraisals that can be submitted for review by an Art Advisory Panel.

The Association of Art Museum Directors is leading a coalition of arts groups in favour of the bill.

They say that unless the law is changed, American cultural heritage will continue to be sold into private collections or abroad rather than being donated to public institutions.

The Senate has approved the bill five times since it was first introduced in 1999, but the House of Representatives never sanctioned the measure.

The art museum association hopes to attach the bill to tax legislation before this session of Congress closes at the end of 2008.

Thursday, December 27, 2007

Chanukah 2006-- no new scarf for 2007! I look so cute, but do I look Jewish?
Ally Katz is ready to go.. but where are we going?
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Sister dogs... there were never such devoted sisters. Note the rug is not eaten!
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This is hungry girl -- Ally Katz-- having a bit on Ice Cream and happy as a clam. Loves to eat, run and sleep.
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Tuesday, December 11, 2007

need to get it together-skiiing next week and then, painting and fun!

Wednesday, October 03, 2007

What should American Judaism look like?
Sunday, September 16, 2007
BY DAVID GIBSON

With a flourish of intellectual and ecumenical outreach, the Jewish Theological Seminary -- the nerve center of Conservative Judaism, once the largest Jewish movement in the United States -- this month used the inauguration of its new chancellor to hold an academic symposium on nothing less than "The Future of Religion in America."

The panel, which was followed by the installation of the Jewish scholar Arnold M. Eisen as head of the storied upper Manhattan institution, was supposed to gauge the prospects for liberal faith of any stripe in a pluralistic though often fanatical religious world.

As Eisen put it: "Can religion be a source of commitment and authority, but also be receptive to alternatives?" It was a theme for a wide-ranging exploration, yet unsurprisingly most of the discussion never strayed far beyond the future of the Conservative movement specifically, and American Judaism more broadly.

That unease, and eagerness of the symposium and the audience to address it, was also understandable, given the recent history of Conservative Judaism. Since its emergence in the late 1800s, Conservative Judaism al ways sought a middle path between tradition and innovation, religious practice and modern life -- a balancing act between old-line Orthodox Judaism and the liberal Reform movement that sprang forth, also in the 19th century, though with the explicit aim of casting aside what were seen as hidebound Old World ways.

For much of the past century, that middle ground was expansive. Conservative Judaism grew accordingly. But in recent years the strains of occupying that shifting borderland began to show and many Conservative Jews abandoned the movement.

The Jewish Population Survey of 2000 revealed that in the previous decade, the Conservative branch had gone from the largest stream of American Judaism, counting 38 percent of synagogue- affiliated Jews, to 33 percent. Reform Judaism took over the top spot, growing from 35 percent of affiliated Jews to 39 percent. And Orthodoxy continued to increase, from 16 to 21 percent. Those trend lines are apparently continuing, heralding a profound reconfiguration of Judaism after a century of relative stability.

One factor blamed for the Conservative contraction was the persistence of conflicts that resulted from the movement's own efforts, often confused or confusing, to tackle the hard issues. In his inaugural address, Eisen refused to accept the notion of a "decline," but he was also forth right about the state of the denomination.

I heard from many Conservative Jews this past year who do not know what their movement stands for," Eisen said. "Some believe that we stand for nothing in particular, or for everything, so long as it is somewhere in the middle between Orthodoxy and Reform."

In seeking to better articulate that identity, Eisen cited his famous predecessor as chancellor, Solomon Schechter, and the great JTS theologian, Abraham Joshua Heschel, as well as Eisen's immediate predecessor, Rabbi Ismar Schorsch, who 20 years earlier described the Conservative approach as "stereophonic Judaism" -- or, "the balance between halakhah (Jewish law) and Aggadah (extra- scriptural rabbinic texts), conservation and innovation."

Yet such "nuanced remem brance," as Eisen called it, is not easy. One case in point in Conservative Judaism in recent years was the effort to expand roles for women, to the extent of permitting the ordination of women as rabbis. That move alienated many traditionalists, while some on the progressive wing felt the movement should have mandated a right to women's ordination. Similar divisions have occurred around conflicting opinions by the highest legal body in Conservative Judaism on homosexuality and homosexual unions.

Still, many would argue that these debates are healthy indicators of the movement's engagement with history, modernity and the wider society. "Honest difference for the sake of heaven makes us stronger," as Eisen nicely put it. Yet continual questioning can also draw a movement's focus inward, and that seemed to be the case during the symposium.

Ann Swidler, a Reform Jew and a prominent sociologist of American religion at the University of California, Berkeley, noted that tolerance, not illiberalism, is steadily increasing, which should be good news for Jews. "So I actually think the question is why we feel so be leaguered," she said.

The answers to Swidler's chal lenge were many, divergent, and generally focused on issues internal to Judaism rather than the exter nal threats that for so long preoc cupied the Jewish community.

The speakers agreed that the decline of anti-Semitism (at least the more virulent and violent strain of days past) and the rise of assimilation and intermarriage have confronted American Jews with profound questions of religious practice and meaning that in the past ran a distant second to ethnic and cultural identifiers. Results published this month from the 2007 National Survey of American Jews showed that the allegiance of American Jews to Israel --once a given in Jewish identity -- is slackening, especially among those under 35 years old.

So what are Jews to do now? Jonathan Sarna, the redoubtable Brandeis University historian of American Judaism who was also on the JTS panel, argued for improving Jewish education and building Jewish communities that can provide a context for the meaning, wisdom and vision that American Jews (and so many others)are seeking.

Secularism is the great challenge to Judaism, Sarna argued, just as it is to many other religions -- even the evangelical Christians whose politics (apart from their support for Israel) in spire so much dread in the liberal Jewish community.

Sarna was also quick to sound the alarm over intermarriage and the numerical decline of American Judaism. As Sarna explained, Jews today make up just 1.7 percent of the U.S. population, a smaller proportion than any time since 1890. "We are an endangered religion, and just as there are different rules for endangered species that we want to keep alive, there are different rules for endangered religions."

But Swidler strongly disagreed with the idea of any return to an enclave mentality. Surveys have shown that perhaps half of all Jews today marry outside of the tribe, and while some claim that this process loosens the attachment of the Jewish spouse to his or her traditions others, like Swidler, argue that intermarriage is a fact of life for a religious minority in the modern world.

"I see no way around this," she said. "You've got to make (Judaism) so attractive, so engaging, so enthralling that you incorporate non-Jewish spouses rather than pushing them away." Besides, Swidler noted, those spouses often convert, and even if they don't, they at least raise their children Jewishly, which becomes a winning demographic formula for American Judaism.

Openness and boundaries, growth and decline, bully pulpit and victimhood, spirituality and religion, faith and reason, tradition and modernity. At the end of the day, the Jewish scholars had never left their own tradition -- and yet they touched on all of the binary arguments that are racking religious communities across the world, from Anglicans to Zoroastrians. And that is also no surprise.

Sociologists of religion often say that they like to study Judaism be cause Jews are like all other Americans, only more so. In fact, there is a sense in which the struggles of contemporary Judaism, as small as the community may be today, are a microcosm of the struggles facing all faiths in.. In that sense, perhaps the JTS panelists charged with diagnosing "The Future of Religion in America" did not, in the end, stray far from their mandate when they examined the prospects for a Jewish future in a modern world.

David Gibson is a veteran religion writer. His most recent book is "The Rule of Benedict: Pope Benedict XVI
© 2007 The Star Ledger

Talking During Tefillah

Talking During Tefillah:
Understanding The Phenomenon

Irving N. Levitz Ph.D.

 

Table of Contents

Introduction

The Halachic Perspective

Prayer in a Social Milieu: Historical Perspective

Hierarchy of Authority

Common Beliefs and Assumptions

Psychological Factors

Motivational Factors

Unconscious Motivations

Breaking the Cycle of Rebuke, Resistance and Resentment

The Process of Change

Note by Mr. Max Safrin

Mishaberach

Footnotes

 

Introduction

For the majority of Orthodox Jews, social conversation during synagogue services is an indigenous part of tefillah be'tzibur, communal prayer. Talking in shul has become the de-facto norm to such a degree, that in the minds of many an Orthodox worshipper it is precisely this casual combination of prayer and camaraderie that differentiates the "warm" Orthodox davening from the cold decorous temple service of their non-Orthodox coreligionists.

    The widespread practice of combining prayer with social camaraderie, however, is an enigma. Orthodox Jews do not, as a rule, blatantly violate or openly ignore halachic imperatives. Commitment to halacha is, after all, Orthodoxy's most distinguishing characteristic. Orthodox Jews are, therefore, particularly conscientious about halachic standards pertaining to the sanctity of their synagogues and are fastidious about such matters as the height of the ,mechitzah, the placement of the bima, the prescribed order of the liturgical service, the flawless precision with which the Torah is read and the exacting requirements with which the scroll is written. Yet, despite the most decisive halachic prohibitions against talking or socializing during the. synagogue service itself, the vast majority of Orthodox Jews see nothing disturbing or incongruous about praying in a social environment.

    Why, despite centuries of rabbinic censure and halachic prohibition, has socializing become so embedded into the fabric of Jewish communal prayer? How is it that Jews who so value prayer jeopardize its very performance by engaging in social talk during services? The answers are rooted not only in historic precedents, but in several salient psychosocial factors as well.

    The purpose of this paper is to explore these questions from an historical, halachic and psychological perspective. The intention here is not to formulate a definitive strategy for solving what is known as "the problem of synagogue decorum,' but rather to describe, conceptualize, and understand the dynamics of this puzzling enigma — the phenomenon of talking during tefillah. [Top of page]

The Halachic Perspective

    Halachic literature is unequivocal in its universal condemnation of socializing during prayer.1 The halachic posture with regard to one who engages in social talk during prayer is not only exceptionally harsh and uncommonly critical, but suggests grievous consequences as well. The Zohar, for example, compares the synagogue talker to a kofer be-ikar (infidel), while the Rokeach asserts that one who talks in shul violates the sanctity of G-d's domain (masig gvul)2 3.  The synagogue talker has also been likened to a choteh umachti (one who is both a sinner and catalyst for the sins of others), culpable not only for his own transgressions but for those he provokes in others,4 denounced for causing a chilul hashem (dececration of the Divine name), and preventing the ultimate geulah (redemption).5

    The Kaf Hachaim suggests, therefore, that for the habitual synagogue talker incapable of controlling his social urges it is better for him not to come to the synagogue at all, and to pray at home instead.6  Given the harsh rabbinic characterization of the synagogue talker, praying at home certainly seems the more prudent option.

    With regard to the synagogue precinct itself, the Mishnah Berurah, reflecting the prevailing rabbinic view, warns that grievous consequences are destined to befall synagogues rife with talking, in that they will ultimately be destroyed.7 8

    During the tragic years of the Chmielnicki persecutions of 1648-1649, for example, the renowned sage Ray Yom-Tov Lipmann Heller, known as the Tosafot Yom Toy, introduced a mi she bairach prayer into the synagogue service which was not only meant as a special blessing for those who refrained from talking during synagogue prayers, but was also a reaction to the Chmielnicki massacre itself.9 The massacre and destruction of hundreds of synagogues and houses of study was apparantly viewed as Divine reproof for the widespread practice of talking during tefillah.

    Yet, despite centuries of rabbinic censure, talking during tefillah has remained. This is the crux of the enigma, an understanding of which requires not only an exploration into the history of the synagogue, but insight into the psychology of the worshipper, and the social dynamics of Jewish communal life itself. [Top of page]

Prayer in a Social Milieu: Historical Perspective

    The synagogue may have always combined both sacred and social functions, even from its very inception. One of the earliest prototypes of synagogue life was the beit ha-am, house of the people,' where Jews would gather to pray, discuss communal affairs, and listen to the words of the Prophets.10 These institutions were evidently not used exclusively for worship, but as communal meeting places and social centers as well.

    Whereas at the time of the Prophets the beit ha-am appeared to be a sanctioned institution, over time it underwent a negative transformation and came to be viewed by most rabbinic authorities as an halachic anomaly.11 In talmudic times it had already become a contemptuous reference to a place of social vulgarity, where the multitudes would gather primarily for social purposes and engage in lascivious behavior. 12 The Maharsha not only censured the beit ha-am as an halachically-defective institution, but depicted it as an antithetical model for the synagogue whose prototype is the kodesh hakodoshim (the great sanctuary).13 14

    For the vast majority of halachic authorities, in fact, the synagogue is unquestionably rooted in the kodesh hakodoshim, and not in the beit ha-am.15 Yet, in the sense that it typically combines both sacred and social functions, most contemporary Orthodox synagogues have apparently retained some of the most fundamental characteristics of the beit ha-am.

    The casual, seemingly irreverent social ambience of today's Orthodox synagogue, however, is clearly not unique to the twentieth century.6 A social environment for synagogue prayer already existed in talmudic times, soon after the destruction of the Temple. In recounting the glory of the great synagogue of Alexandria, the Talmud notes that it was organized into homogeneous groups according to occupation.7 Goldsmiths, silversmiths, blacksmiths, metalworkers, and weavers each sat in their own designated sections. If anyone sought employment in a specific trade he would simply go to the synagogue section specified for that particular occupation and inquire.

    Synagogues were not only organized by occupation, but by country of origin as well. The Talmud frequently makes reference to the separate synagogues of the Roman Jews of Machoza, the Babylonian Jews, the Alexandrians and the Tarsians. This trend toward homogeneous grouping indicates that even the most ancient of synagogues considered social compatibility to be an important component of communal prayer. These early synagogues were apparantly formed not only for the purpose of prayer, but also to meet communal social needs as well. This explains the requirement of social compatibility.

    Over the centuries, the synagogue not only served as a communal center, but under the insufferable conditions of ghetto life, punctuated by frightful episodes of persecution and exile, assumed an even greater role in providing an all- embracing and supportive social function. The 18th-century rise of Hasidism even further reinforced the social component of synagogue life. The Hasidim dispensed with much of the traditional synagogue formality, stressing instead spiritual excitement and devout fervor. The venue for prayer changed, as well. Instead of conducting prayer in a traditional synagogue building, Hasidim created the shtibl, a small room or house. This informal physical arrangement, usually smaller, more spartan, spatially cramped, and furnished with tables and benches in place of formal pews, tended to both encourage and enjible easy social interaction. Intense prayer became interwoven with casual conversation, creating a combination of sacred fervor and social warmth.18 In addition to prayer, the shtibl served as a community meeting place and beit midrash. Communal meals with the rebbe, seudot mitzvah, especially the seuda shelishit and melaveh malka meals, were also held there. The whole atmosphere which blended impassioned prayer with social camaraderie added yet another powerful historical precedent to the practice of conducting prayer in a social context. A common expression, in fact, for a synagogue that is particularly tumultuous, is that "it is just like a shtibl."

    The prototype of the synagogue as a social center, from talmudic times to the present, undoubtedly serves as a striking model for the Orthodox synagogue today. In a sense, this longstanding historical precedent helps explain the widespread perception that talking in shul is not only of minor consequence, but may in fact be an indigenous component of tefillah betzibur itself.'9 Furthermore, the memory of cherished parents and grandparents talking during tefillaJi is difficult to discredit, and in the traditional mindset of the Orthodox worshipper, the way things have always been, is the way they must continue. [Top of page]


Hierarchy of Authority

    The fact that synagogues have always needed to rely upon the benevolence of community patrons for their sustenance and survival is another critical factor which affects the social milieu of the traditional synagogue. There were times when it was prevalent for individuals to own personal synagogues and control every nuance of synagogue life. Although it is more common today for synagogues to be communally owned, an individual Jew could still develop a sense of proprietorship by purchasing his own seat or block of seats in the synagogue.

    A contemporary form of ownership, albeit less overt, is that of synagogue membership. Given the appreciable costs of annual dues, building funds, and frequent appeals, members tend to develop a sense of proprietorship along with a perception that the synagogue is a democratic rather than a theocratic institution. There is a sense that not only do members belong to the synagogue, but the synagogue belongs to its members, who are therefore entitled to determine whether the ambiance of their synagogue should be sacred or social. The effect of this perception has more often than not weakened the halachic authority of the rabbi.

    The prayer environment is entirely different, however, when rabbinic authority is empowered to enforce halachic standards. Prayer in a yeshiva beit midrash, for example, tends to be both spiritually endowed and religiously inspired. The context of prayer is halachically prescribed and enforced by the worshippers under the compelling guidance of the rebbeirn and rosh yeshiva. Typically, when worshippers in a yeshiva setting come together for tefillah, they become socially disengaged and remain so until the end of the service. Should anyone attempt to socialize during tefillah, his behavior is viewed as aberrant. Davening in a yeshiva setting tends to be a model of a sacred prayer context, not only because its worshippers are generally more attuned to the halachic requirements of prayer and therefore more inclined to follow halachic standards, but also because they do not have a sense of proprietorship as do baa lei batim. Empowerment of the rosh yeshiva to implement the halachic standard within his domain is implicit and unchallenged.20

    The result of generations of lay control over synagogue life may have led not only to the establishment of the synagogue as a social center and a frivolous prayer environment, but to halachic disregard, and as some rabbinic authorities assert, even sacrilege. [Top of page]

Common Beliefs and Assumptions

    Several commonly held assumptions help sustain the belief that talking in shul is, at most, no more than a minor halachic infraction. One of these beliefs is that one is, in fact, permitted to socialize in the synagogue except for times of Iiefsek (when it is strictly forbidden to interrupt the service for any reason).2' The popular conception is that socializing at other times is halachically permissible. 22 Halacha, however, does not support this contention.

    The Mishnah Berurah, for example, decisively rules that socializing is prohibited even at times other than hefsek periods.23 The types of social intercourse most commonly observed in Orthodox synagogues include every variation of halachically prohibited engagement: Kalut Rosh— jesting, laughing, playful taunting, joking; Sicha Beta ila — idle chatter (e.g. sports, politics), Dibu rim Asu rim— gossip, rumor, derisive arguments, and Divrei Chol— business discussions.2425 These are at all times halachically prohibited within the precincts of the synagogue.26 In the milieu of the Orthodox synagogue, however, where social intercourse has been the accepted norm for generations, halachic rulings seem at times to be eclipsed by the entrenched social norm.

    Another common belief frequently promulgated in support of praying in a social environment is that " a shul is not a church.' The synagogue service does not necessitate passivity, silence, or prim formality from its worshippers as does the traditional Catholic or Protestant church. The synagogue, this rationale maintains, unlike the church, is not merely a sanctuary for solemn prayer or passive silence, but a gathering house for communal purposes as well.27 It is, in fact, its very informal social milieu that not only differentiates it from both the church and the non-Orthodox temple, but is the distinguishing characteristic of the Orthodox synagogue itself.

    That "a shul is not a church" is apparently a longstanding argument frequently quoted and rebutted in rabbinic literature.28 One typical rabbinic retort to this longstanding argument asserts that those who talk in. shul should, in fact, "take example from the Gentiles who... in their houses of worship stand in awe of their false gods... We who stand before the King of Kings, should certainly do so in awe and fear."29

    According to the Derech Moshe it is precisely because in comparison to the Gentiles, Jews do not respect their houses of worship, that Satan, the prosecuting angel, can successfully accuse the Jews of sacrilege before G-d.30

For every satanic accusation leveled against the Jews, the Holy One with a measure of mercy is able to silence him. For example, if the Satan says that Jews are thieves, the Holy One responds to him "who says that if the nations would have received the Torah that they would not have been worse thieves than the people of Israel?" But if the accuser says the people of Israel are disrespectful and talk in their synagogues, to this the Holy One (figuratively) does not have a response, because, indeed, the Gentile nations do, in fact, stand in awe and respect during their worship.

    The Derech Moshe further suggests an allusion to this dialogue between G-d and the Satan in the biblical passage "Hashern yilachern lachern, ye-a tern tacharishun"— "The Lord will go to war on your behalf [against the Satan and his allegations] but you will need to be silent [in the synagoguel."31 [Top of page]

Psychological Factors

    For many an Orthodox congregant the primary value derived from synagogue attendance, and the essence of the shuI experience, is the camaraderie, fellowship and esprit de corps derived from being part of the social collective. As such, tefillah betzibur has evolved as the social touchstone of Jewish communal life. The ceremonial trappings of ritual and liturgy are often no more than a legitimizing framework, which allows community members to meet, socialize, and reaffirm their sense of belonging while under the guise of a commitment to shared religious objectives.

    Most worshippers have a distinct but muted sense that talking in shul is not in accordance with halachic standards. This awareness, however, tends to remain vague, because individuals need a way of psychologically protecting themselves from feelings of discomforting guilt that arise when beliefs and behaviors conflict. Were the religiously committed synagogue talker more fully cognizant of the halachic ramifications of his behavior, he would likely experience what is known to psychologists as "cognitive dissonance" - a form of psychic conflict which would require the individual to find a way of reconciling both his belief in the efficacy of halacha and his halachically antithetical behavior.32

    Even a muted awareness of halachic prohibitions still arouses some degree of inner conflict necesitating a strategy of psychological defense. An habitual synagogue talker might, for example, choose to minimize the seriousness of talking in shul by rationalizing it, joking about it, justifying it, or simply avoiding halachic study of the topic altogether. One could also reduce the psychological tension of cognitive dissonance by changing one's behavior in the synagogue to conform with the halachic standard. Avoiding conscious awareness of these halachot or minimizing their significance, however, is a strategy more comfortable psychologically than changing one's behavior. To change one's behavior from social talker to one who is non-compliant with the synagogue's established social norms is to risk isolation and rejection from fellow congregants. For most individuals, conforming with the group norm while maintaining no more than a vague awareness of the halacha is simply the path of greatest psychological comfort and least social risk. The alternative, which is to view one's own behavior as halachically aberrant, or more ominously, as an act of sacrilege (Chilul Has hem) and a desecration of the synagogue's sanctity, is as unsettling as it is threatening. [Top of page]

Motivational Factors

    One of the reasons that socializing 'has become such an indigenous component of synagogue life is because it meets so many essential social, psychological, and communal needs. Worshippers, however, are not always conscious of all the factors that motivate them to specifically socialize in the sacred precincts of the synagogue.

    These motivating factors exist on three distinct psychological levels of awareness. There are explicit motivations that are both conscious and easily revealed to others, implicit motivations that are conscious but socially concealed, and motivations that are for the most part unconscious even to the individual himself.

    Since tefillah betzibur, congregational prayer, is one of the most fundamental tenets of Jewish life, the most explicit motivation for attending synagogue is evidently to pray. This motivation is both in the worshipper's conscious awareness and is readily shared with others. It is, after all, axiomatic that one goes to shul todaven.33

    Attending synagogue for reasons other than prayer or study would not be in keeping with the synagogue's raison d'etre, or the community's explicit religious standard. One is less likely, therefore, to acknowledge going to synagogue primarily for reasons other than prayer. Yet, for many congregants a primary motivation for attending synagogue is, in fact, simply to meet friends and socialize.

    This may be especially true for those who harbor doubts about the efficacy of traditional prayer, or who are unable to connect with either its meaning or motifs. Inner skepticism, spiritual detachment from tefillah, and the need to attend synagogue primarily for social reasons, however, are not readily shared with others, for there is a tacit communal understanding that the primary purpose of the synagogue is for prayer and other sacred matters. To admit candidly that one attends synagogue primarily to socialize is to betray the synagogue's sacred purpose. Since this would not reflect positively on the individual's religious commitment, his social motivations need to be concealed. Individuals might spend their entire time in the synagogue engaged in social conversation and nevertheless insist that they have come to shuI to dave n.

    Halachic standards aside, the power of this social drive is compelling. In a time-pressured world, where opportunities for socializing with friends tend to be limited, the social component of synagogue life serves as a bulwark against alienation and isolation by providing communal affiliation, emotional support, and a social presence. One entering a socially-oriented Orthodox synagogue eager for social contact has a ready environment to meet these psychosocial needs.

    In addition, a supportive social network can effectively assuage the many life stresses that individuals normally experience as part of their daily lives. Any social situation that allows individuals to vent, laugh, share concerns, derive encouragement and become momentarily distracted from personal pressures not only helps to relieve stress, but prevents it as well?4 A socially-oriented synagogue is likely to provide just such a stress reducing potential. [Top of page]

Unconscious Motivations

    There are also unconscious factors that motivate individuals to talk in shul. There are some individuals, for example, for whom talking in shul is a manifestation of unconscious anger.35 Coming to a sacred setting in order to socialize is for them an unconscious act of defiance connected to past hurtful experiences associated with religious life. There is a particularly oppositional quality to their behavior in the synagogue. For these individuals talking during prayer is an unconscious acting out against seemingly harsh restrictions imposed by past authorities, punitive teachers, critical rebbes, or overcontrolling parents. It is a motivation rooted in past hurts and the powerlessness of childhood when one could not stand up to imposing authority figures. Despite the regressive adolescent-like quality of this defiance it may nevertheless be a significant driving force for some of the most recalcitrant and incorrigible synagogue talkers.

    Talking in synagogue may also be unconsciously motivated by a need to avoid the intense emotional investment required for authentic prayer. At times of personal crisis, individuals tend to be very conscious of the need to pray for Divine intervention and solace. At other times, however, when life is seemingly tranquil and crisis free, it is disconcerting to become conscious of one's essential vulnerability, for this can evoke the discomforting feelings of existential anxiety. It is an anxiety aroused by an awareness that man is inherently lonely, finite, and that his life and those of his loved ones is always precarious. According to Rabbi Joseph Soloveitchik it is precisely because uncertainty and vulnerability is a constant, and life itself a time of perpetual crisis, that Maimonides decreed prayer to be biblically mandated, for man is perpetually in need of Divine intervention.36

    The genius of traditional Jewish prayer lies in its ability to simultaneously evoke both an awareness of existential vulnerability and a sense of comfort in experiencing the Divine presence. Intense and authentic prayer not only tends to assuage anxieties emanating from existential loneliness and vulnerability but also move the worshipper toward a more spiritual and meaningful perspective of life and purpose.

    The mind-set for authentic Jewish prayer (tefillah), however, is difficult to achieve. Tefillah not only requires a focused concentration (kavanah) on what one is saying and to Whom one is praying, but a heightened consciousness of one's vulnerability and dependence on Divine providence.37 When not in crisis, however, individuals often find it difficult to evoke the deep emotions required for authentic tefillah. To socialize with friends and enjoy a sense of personal confirmation, community affiliation, a perception of well being and even a temporary respite from vulnerability, however illusory, is yet another way of keeping existential anxiety at bay. [Top of page]

Breaking the Cycle of Rebuke, Resistance, and Resentment

    Several halachic authorities assert that it is the responsibility of the congregation to self-manage the environment in which it prays. Based on the premise that idle talk during tefillah is a public transgression (chait rabim) which desecrates the sanctity of the synagogue, each worshipper bears responsibility to deter others from talking, and help foster a sacred rather than a social prayer environment. Thus, Rabbenu Yonah maintains that one is required to admonish a talker in sliul for it is "the obligation of the entire congregation to reproach him," and prevent him from violating the sanctity of the synagogue.38 The Shulchan Aruch similarly entreats others to rebuke one who talks during the cantor's recitation of the Shemoneh Esrai, "for his sin is too great to bear."39 40

    In a context that defines itself as essentially social, however, even the most diplomatically couched expressions of disapproval tend to be viewed as socially inappropriate and are at best ineffective. At worst they are seen as intrusive, offensive and provocative. Attempts at religious instruction or moral entreaty (mussar) similarly tends to be viewed as condescending. So long as the implicit social contract of the synagogue is social, any personal appeal, in fact, aimed at restricting the socializing of fellow worshippers tends to evoke either a humorous dismissal or an angry rejoinder.

    In most Orthodox synagogues, when the cacophony of noise from adult socializing and the clamor of children playing, crying and scampering about has reached some unacceptable decibel level, rabbis and synagogue presidents will stop the service in order to scold, admonish, and even threaten the offending worshippers. Protests from the pulpit tend to affect no more than a temporary respite, however, and within moments, the congregation resumes its social agenda.

    Recurrent admonitions from the pulpit to be decorous seem no more effective than the myriad strategies attempted by synagogue Decorum Committees charged with the challenging task of bringing order to chaos. Ushers appointed to control fellow congregants either find themselves succumbing to the lure of socializing themselves, or run the risk of social censure. Ushers who rebuke fellow worshippers for talking often suffer the consequences of angry retort, or become the target of mocking resentment. Unequal relationships in a social context are not well tolerated, and the burnout rate of ushers as well as decorum committees is notoriously high. Successive failures to create decorum often bring despair, anger, and increased reprimand which in turn leads to an even greater resistance on the part of congregants to change. Worshippers resent being lectured to, yelled at, or chastised from the pulpit by those who themselves engage in social conversation when not in positions of leadership. Anger from the pulpit begets anger from the pew as congregations become embroiled in a cycle of rebuke, resistance and resentment. [Top of page]

The Process of Change

    The social milieu of the contemporary Orthodox synagogue may differ little from the 17th century synagogues at the time of the Tosafot Yom Toy, who introduced his special blessing for those who refrained from talking during tefillah. The problem of decorum," as it has come to be known, continues unabated. The many attempts by synagogues to effect a change in their social milieu so as to create an halachically conducive environment for prayer, generally end in failure and lead to a sense of despair. Frustrated rabbis and lay leaders, in their struggle to create decorum, all too often become ensnared in a tense pattern of anger, rebuke, and resistance. Ultimately, the will of the congregation to maintain a social environment prevails.

    To change the social milieu of a synagogue into a spiritually conducive environment for prayer requires not only good intent, but a clear understanding of the psychological dynamics of how people change. It is particularly important to understand that congregants cannot be coerced from without, only enabled to change from within. It is akin, in many respects, to the change process that occurs during teshuva or psychotherapy. Talking in shul is, after all, an act driven by dynamic internal factors. It is psychologically motivated, socially reinforced, historically modelled, conceptually rationalized, and halachically misunderstood. Individuals are not likely to change their pattern of behavior if admonished from the pulpit, coerced by decorum committees, controlled by ushers, or rebuked by fellow congregants. These are external forces against which individuals will psychologically defend themselves. Change, when it does occur, takes place as an internal process.

    This is not to say that behaviors cannot be temporarily suppressed by external control. Unless internally motivated, however, the individual will soon default to his previous pattern of behavior. This is why a congregation can be momentarily quieted from the pulpit, but as soon as pressure from the pulpit is suspended, there is a return to the previous level of talk and turbulence.

    Change is a process of several sequential phases.4' The first phase of change requires a degree of discomfort with an existing situation or condition. It is often a troubling recognition that a given situation is problematic, or a current state of affairs intolerable. This is always the driving force that precedes change, for without discomfort, change would be unnecessary.

    During the second phase of the change process one gains insight into the nature of the problem, understanding why it evolved, how it is being maintained, and that there are options and choices. Insight alone, however, does not suffice in bringing. about change. There needs to be a wilful commitment to make change happen, or one is simply left with an understanding of the problem and nothing else. The third phase of change, therefore, requires a will and determination to change.

    When determination is followed by action, change begins to occur. The addict stops taking drugs, the overeater begins a diet, the couple stops bickering and starts communicating, the synagogue membership agrees to change its prayer environment from social to spiritual, and decisively takes upon itself the commitment to refrain from talking during tefillah.

    Since individuals tend to fall back on old habits, the final phase of change is that of maintenance. Ingrained behaviors are always subject to regression. It is only after an appreciable period of time, during which a new norm has been created and stabilized, that one can say with some degree of certainty that change has actually occurred.

    In the context of synagogue life, any attempt to change the prayer environment from social to sacred must similarly go through these sequential phases of the change process. A congregation cannot even begin a process of change unless it is sufficiently uncomfortable with its social milieu during tefillah. So long as talking in sh u I is perceived as an acceptable norm there is no cause for distress. For congregants unfamiliar with the relevant halachot, there is no reason to expect either psychic discomfort or inner conflict when there is talking during tefillak. For those able to rationalize talking in shul as being of only minor halachic import, there, too, conflict or guilt would be an unlikely consequence of synagogue socializing. It is only where a congregation is both religiously committed and fully conscious of the halachic imperative and its gravity, that discomfort can lead to a new group ethic. If a congregation is to change its prayer environment, therefore, enough of its members need to experience a sense of crisis and uneasiness about the discrepancy between halacha and their existing social milieu. It is here that the role of the rabbi as teacher and discomforter par excellence becomes central.

    That a synagogue is supported by patron members does not preclude a rabbi from moving his congregation to a higher spiritual plane. The power of the pulpit lies in a myriad of factors which include a congregation's respect for its rabbi's scholarship, his skill as a teacher, his personal relationship with the members of his congregation, and his perceived integrity as a person. The reverence and affection with which a congregation holds its rabbi can render him immensely powerful in affecting his synagogue's prayer environment. Provided that he does not diminish himself by becoming a minister of angry rebuke, a rabbi can most effectively launch a process of change from his role as respected teacher and halachic authority.

    In a variety of settings, from the pulpit to the classroom, through the written word, halachic discourses, small group discussions, and special learning programs, a rabbi can create myriad opportunities to teach the relevant halachot pertaining to synagogue deportment, raise community consciousness, and create the psychic discomfort necessary for change. Additionally, congregants would need to be made aware, in a sensitive, non-judgmental way, of the psychological (implicit and unconscious) motivations for talking during services. Making the unconscious conscious has always been a psychoanalytic catalyst for change.

    A skillful harnessing of the communal will and the kindling of group determination to change the synagogue's prayer environment characterizes the next stage of the change process. Only if change is perceived as a manifestation of the communal will, rather than the imposed dictates of a select few, can it have a chance for general acceptance. If change in a synagogue's prayer environment is informed by halacha and psychological insight, driven by discomfort, manifested in a communal will, and implemented by a congregation's desire to establish an halachic standard for prayer, its chances for success are high. Once a prayer environment is established and a new set of expectations for synagogue behavior is in place, the majority of congregants tend to conform.

    In synagogues that have successfully created spiritual prayer environments, it has generally been the result of a determined rabbi skillfully working in~, concert with informed and committed baale batim. The critical role of a rabbi able to impart halachic knowledge with a sensitivity for group dynamics and an adeptness for community organization is a sine qua non for successful change.

    Few Orthodox rabbis, however, are formally trained in these requisite skills.With the understandable emphasis that rabbinic schools need to place on imparting Torah knowledge, there is often little room in the smicha curriculum for the formal study of psychologically based courses. Despite the clear need for a more formal knowledge base in pastoral psychology, community organization, and group processes, most Orthodox rabbis assume rabbinic positions depending for the most part, on their own intuitive sense alone. Unfortunately, despite the innate intelligence, scholarship, and idealistic inclination of most Orthodox rabbis, intuition alone rarely suffices when it comes to skillfully affecting change in such a deeply rooted norm as talking during tefillah. The task becomes overwhelming, and frustration often leads to either anger or capitulation. Once a rabbi capitulates, his acquiescence itself becomes tacit confirmation that talking in shul is of only minor halachic consequence.

    The enigma of the Orthodox synagogue, then, is a function of many dynamic forces with historical, psychological, and social factors coalescing to create a norm that is self- perpetuating. Although the psychological principles of how people change have long been understood, their effective implementation within the framework of synagogue life is still a rarity.

    For those who believe that the Final Redemption is dependent on halachic standards of communal prayer, redemption itself may have to wait until the collective conscience of the Orthodox community can be awakened to feel a discomfort with the current norm, and a determination to change it. [Top of page]

Note

I gratefully acknowledge the Journal of Halacha and
Contemporary Society, its publisher
Rabbi Jacob Joseph School,
Editor Rabbi Alfred S. Cohen and Editorial Committee
Rabbi
Yaakov Feitman, Rabbi
Israel Polyeft Rabbi Bernard
Weinberger, for allowing this reproduction.

I also extend my thanks to Dr. Irving N. Levitz Ph.D., the author of this pamphlet, for his inspiring words of Torah and inspiration.

My thanks also go to Mr. Manny Spero of
Cleveland Heights, Ohio, for his lithograph reproduction which graces the front cover.

Max Safrin
Elizabeth, NJ 07208

Mishaberach

     In response to the great suffering the Jews of Central and Eaatern Europe experienced in 1648-49, Rabbi Yom Toy Lippman HaLevi Heller, author of the Tosfoa Yom Toy, felt that the Jewish community needed to colectively raise itself to a higher spiritual level through prayer and, therefore, composed a prayer for those who refrain from talking during davening.


He who blessed our forefathers Abraham, Isaac and Jacob, Moses and Aaron, David and Shlomo — may He bless everyone who guards his mouth and tongue and refrains from talking during the prayer service. May the Holy One, blessed is He, protect him from every trouble and distress, from every plague and illness; may all the blessings written in the Torah of Moses and in the books of the Prophets and Writings be applied to him; may he merit seeing his children alive and established — may he raise them to Torah, the wedding canopy and good deeds; may he serve Hashem, our G-d in truth and integrity; and now let us respond Amen.

 [Top of page]

Footnotes:

1. Tractate Megilla Ii, 28a , Shuichan Arucli, Yoreh Deah, 246:7;Ibid. Orach Chaim, 124:7; Mishnah Bert~rah,151:1; Rambam,Hilchot Tefillah, 11:6; Zohar, Parshat Teruniah, 13 Ia. See Sefer Dover Shalom, chapter 13, R. Avrohom Meshi Zahav, Jerusalem, 1980, for a compendium of rabbinic commentary on the issue of talking in the synagogue during t efi II a h.

2. Zohar,Parshat Terumah, 131a.

3. Rokeach, Hilchot Teshuvah, siman 26.

4. The severity of this classification is underscored by the belief that a choteh umachti loses his portion in the world to come. Veharai zeh bivchinat chotai umachti et harabim, she-am lo chelek le-olam habah," Kuntrus Shomer Emunim, 63, as cited in Sefer Dover Shalom, p.80, ibid.

5. Derech Moshe, Hanispach le-sefer Hagan, bema-amar leyom 26.

6. Kaf Hachaim, Orach Chaim, 151:8.

7. Mishnah Berurah, ibid.

8. In a similiar vein, the Chatam Sofer, noting the talmudic opinion (Megilla 28a) that synagogues of the diaspora will one day be established in Eretz Yisrael, added the proviso that this is true only if they are sanctified by prayer. If, however, they are desecrated by idle talk they will become Tamei (impure), and simply lose their sanctity.

9. May He who bestowed blessings on our forefathers Abraham, Isaac and Jacob... .bestow His blessings on everyone who guards his tongue and refrains from talking during the time of tefillah. ..May he merit to see his children grow up and flourish, and may he raise them to Torah, marriage, and good deeds.. ..and let us say Amen.

10. Jeremiah, 39:8, refers to the beit ha-am, which both Rashi and Radak interpret to mean Synagogue.

11. See Mso Melo HaRoim, R. Yaakov Zvi Yollish (d.1825).

12. See Rashi's comment on Beit Ha-am, Shabbat 32a.

13. Ma/ia rsha, (R. Shmuel Eliezer HaLevi Edels, 1555-1632), Tractate Shabbat 32a, it was as though it were designated fonly] for the people and their needs, land that] there was no divine element in it. these people were punished for perceiving no distinction between a 'people's house' and a synagogue--that the latter is a House of G-d, a sacred place, while a 'people's house' designates a secular place, where men and women gather for all occasions, but not for prayer. These ignorant men made a people's house out of the synagogue.

14. Ray Menachem Kasher in underscoring the contention that the Beit Ha-am was the halachic antithesis of the synagogue, wrote that those responsible for its creation, "destroyed the basic character of the House of G-d, and substituted in its place a house of the people." Kasher, Ray Menachem M., "The Hallowed House of Worship," in The Sanctity of the Synagogue, Chapter VI, p. 258.

15. See Mishnah Berurah 151:1 — "Ki haim nikraim mikdash me-at, kemo dichtiv, 'va-ehi lahem Iemikdash me-at."'

16. In 1663 Samuel Pepys, an eminent non-Jewish diarist, visited a synagogue during holiday services and made the following entry into his famous diary: "Lord: to see the disorder, the laughing, sporting and lack of attention, . . .there is such confusion in all their service Samuel Pepy's six volume diary was written between 1660-1669, and translated between 1819-1822.

17. Sukkah, Sib.

18. Minkin, Jacob S., The Romance of Hasidism, Thomas Yosseloff Publishing, 1955, pp.321-323.

19. This prompted the rabbinic comment: "yes/I kania aveirot shebizrnaneinu she-ainom neclzeshavirn le-aveirot k/al, kegon seechat chulin bevait haknesset" — "There are some transgressions in our times that are not even considered transgressions at all, such as (non-sacred) talking in the synagogue." Hayashar Vehatov, daf 26.

20. Another example of where synagogue standards tend to be based on halacha rather than on the social needs and preferences of community members has been in those instances when the community was organized under the aegis of a kehillab. At those times when a kehillah had administrative responsibilities for all synagogues within its precinct and would administratively appoint rabbis, establish synagogue standards, and insist on halachic guidelines for tefillah in all its congregations, talking in the synagogue was generally not countenanced. Like the yeshiva setting, the prayer environment tended to be sacred and decidedly non-social. The German Jewish K e h ill a h is a case in point.

21. For example, during the silent Shemoneh Esrai, Kedusha, after Boruch Sheomar, etc..

22. The reasoning is reminiscent of the dictum "mitoch lay atab shomea ha in"— one is able to learn (by inference) what is permissible by knowing what is prohibited.

23. "Therefore a G-d fearing person should commit himself never to engage in deva rim beta ilim while in the synagogue or study hail. That place should be exclusive for prayer and Torah study only.' Mishnah Berurah, 151:2

24. Heilman, S.,Synagogue Life: A Study of Symbolic Interaction, University of Chicago Press, Chicago 1976. In his classic study of synagogue life, Heilman observed that gossip, personal anecdotes, joking and humorous remarks, constituted a significant portion of the social interactions within the synagogue.

25. Laughter as an important component of social intercourse, acts to create a bond between individuals, and influences the tenor of a group by synchronizing the mood of those present.This helps explain the pervasive mirth and laughter among congregants in socially-oriented Orthodox synagogues. Kalut Rosh may be halachically prohibited, but from a psychological perspective, it is an integral part of social bonding

See Robert Provine's study on laughter in the American Scientist, Feb.1996.

26. Shulchan Aruch, 151:1; see also: Mishnah Berurab, ibid. Rambam, Hilchot Tefiflaft 11:6.

27. The conspicuous difference in the prayer environments of church and synagogue are even reflected in the etymology of "Church" and "Synagogue~t . Whereas Church is derived from the Greek kyrakon meaning "lord's house", the Greek word for synagogue is based on the Hebrew Beit Knesset - (house of) "assembly".

28. Snza'k, mitzvah 11; Sefer Chasidim, sinian 11.

29. Sefer Chasidim, Ibid.

30. Derech Moshe, Hanispach le-Sefer Hagan, be-maamar Ie-yom

31. Exodus 14:14.

32. Festinger,L., A Theory of Cognitive Dissonance. Stanford, Calif.: Stanford University Press. 1957. According to this theory, when a person has inconsistent perceptions or conflicting beliefs, he will experience a psychological state of tension called "dissonance." This tension creates a state of discomfort which motivates the individual to reduce or eliminate it.

33. There are times when this motivation is particularly evident. When a congregation deems a moment to be of special sacred significance, (e.g. during the silent Shemoneh Esrai, Kol Nidre, N'eilah, Aicha, etc.) the synagogue atmosphere becomes both decorous and spiritual. Talking during those times even in the most social of synagogues is perceived as deviant. It is at these times that worshippers behavior tends to be most congruent with their explicit motivation and expressed beliefs.

34. Smith, J., Understanding Stress and Coping , Macmillan Publishing Company, New York, 1993. pp.23-25

35. Based on clinical information derived from the author's patients in psychotherapy.

36. There is a controversy between Maimonides and Nachmanides regarding the question of whether prayer is a rabbinic injunction or biblically mandated. Maimonides regarded prayer as biblically ordained whereas Nachmanides considered it a special privilege. Nachmanides conceded, however, that be'ait tzarah, at times of distress, the duty to pray is a Torah-mandated obligation.

Rabbi Joseph Soloveitchik, in an attempt to reconcile these disparate views, pointed out that both Maimonides and Nachmanides commonly believed that prayer is rooted in a sense of tzarah — distress. Maimonides, on the other hand considered man inherently vulnerable, his life always precarious, his condition essentially lonely and every moment of his existence a state of perpetual tzarah. He is therefore alv'ays obligated to pray. See Besdin A., Reflections of the Ray, Alpha Press, Jerusalem, 1979, p.80.

37. Rambam, Hilchot Tefillah, 4:15. 'Kol teffilah she -ainah bekavana ainah tejillahi'

38. Rabbenu Yonah, Iggeret Hateshuva Yom Rishon.

39. Shulchan Aruch, Orach Chaim, 124:7.

40. The Gaon Ray Zelig Reuven Bengis z'tzl suggests, however, that the rebuke given the talker needs to be instructive rather than simply harsh or punitive reprimand.

"...each and every person has the obligation to eradicate this transgression of talking in synagogue from among those who fail to observe its prohibition. This should be done in order to make theni au'are of the need to say 'amen', and so that they not engage in idle talk."

Kuntrus Shomrai Eniunim, p. 26, Michtevai Hagaon Ray Zelig Reuven Bengis z'tzl.

41. For a fuller understanding of the processes of change, see Whellis A., How People Change, Harper and Row Pub., New York, 1973, and Prochaska, J., Systems of Psychotherapy: A Transtheoretical Analysis, Brooks/Cole Pub. Pacific Grove,Cal.,1994, pp.11-19.