Jewish Legal Matters in the Age of Coronavirus (Covid-19)

We are all learning what it means to live in communities in which we need to exercise social distancing and enhance our typical personal hygiene regimen to safeguard against the Coronavirus (Covid-19). Hillel Day School, the Jewish elementary and middle school I attended in the 1980s and the school two of my children currently attend (they will graduate in June), has suspended classes amid the positive Covid-19 test of a member of the faculty. In the Jewish community, the closing of synagogues has raised halakhic (Jewish legal) questions about how to constitute a minyan (quorum of ten individuals) so that those in mourning and observing a yahrzeit can recite the Mourner's Kaddish.

Thankfully, I just concluded my year of saying Kaddish for my beloved father, Gary D. Miller of blessed memory, so I don't have a personal need to recite Kaddish right now. This week, however, I have been asked by many people about the ability to have a "virtual minyan" (using video streaming services) because I have written on the subject in the past and helped my Talmud teacher, Rabbi Avram Israel Reisner, do research on the issue when he was drafting his teshuvah (rabbinic responsum) on the Virtual Minyan in 1998 and 1999. I think that if there has ever been a time when it is acceptable to offer virtual minyanim, that time is now. The technology has advanced so much since Rabbi Reisner first began to look into the matter back in the late 1990s so that many of his initial concerns about lagging video feeds and buffering internet connections are no longer concerns. Further, with so many synagogues shuttered until at least after Passover and people being self-quarantined, it will bring much comfort to so many in the community.

I learned so much from Rabbi Reisner in my first year of rabbinical school and his interest in the halakhic feasibility of the Virtual Minyan on the Internet helped me to begin my own quest to look deeper into the intersection of Technology and Jewish law. Another teacher who taught me so much that first year of rabbinical school at the Jewish Theological Seminary was Rabbi Robbie Harris. Rabbi Harris has written an important piece on how the Jewish community should proceed during this time when we're dealing with the implications of the Coronavirus (Covid-19). I think it's worthwhile to share his thoughts in their entirety below:

Pikuach Nefesh, Social Distancing and a Rabbi’s Case for the Need to Protect Life
Rabbi Robert Harris

A caveat before I begin:  I have hesitated from responding to the Coronavirus since news of it first broke, since I am neither a scientist nor a public health official, but now…  as a rabbi, a faculty member of the Jewish Theological Seminary and as a former member both of the Rabbinical Assembly’s Committee on Jewish Law and Standards and of the Israel Rabbinical Assembly Law Committee, I want to say clearly and unequivocally:  we must take drastic action to enforce social distancing, in the absence of clear governmental directives. Now is not the time to debate, for example, the fine points of use of electricity on Shabbat, or other, now trivial, matters that typically divide us one from another; we are talking about pikuach nefesh, the saving of human life.

I share these sentiments — not quite a teshuvah, for there is no time to calmly research one, but more than just an op-ed — with a great amount of respect for the various ways in which people of all faiths are struggling to respond to the virus and its implications for our individual, family and communal lives.  But at the same time, I want to shout from the rooftops:  rabbis and clergy people of all faith:  E-services, everyone!!!  Social distancing!  Virtual congregations!  All public religious worship should be set aside until the crisis passes.  If the NBA is canceling basketball games, out of its concern for the sanctity of human life, then how much the more so should we follow suit for the purpose of gathering in worship.

For those of you unfamiliar with the rabbinic principle of pikuach nefesh, let me describe it in the most general of terms:  the Torah states (in a context that has little meaning for the subsequent talmudic discussion or my purposes here): “you shall keep My laws and My rules, by the pursuit of which humankind shall live: I am the LORD (Leviticus 18:5).  A midrash, or rabbinic interpretation, teaches:  “to live by them — and not die by them!” (Babylonian Talmud, Treatise Yoma 85b).  The Sages considered many applications of the principle they found in verses like these; I will share just one of them here.  It is from the same section in the Babylonian Talmud, Yoma 84b:

Jon Stewart and Jon Hamm Make a Minyan (or Minion)

Jon Hamm was the guest on last night's episode of The Daily Show with Jon Stewart on Comedy Central. Hamm came on to plug his new movie "Minions" and things got about as Jewish as they ever have on The Daily Show.

Jon Stewart opened the dialogue by telling Jon Hamm what he assumed Minions is about: "Here's what I hope this movies about, okay? Nine Jewish men looking for a tenth so they they may celebrate Shabbos!"

Hamm then offers up that he knows the common English transliteration of the Hebrew is actually spelled "minyan."

The two go back and forth riffing on the minyan-minion pun, with Jon Stewart offering to be the designated "minyan maker" in a road movie saying that he'd go around to groups of nine Jewish men saying "What do you want some tefillin?" and "I'm the Minyan Man!"

The minyan pun on the animated characters called minions is nothing new. Back in January I was in Las Vegas outside Caesars Palace Hotel and Casino and took a photo with two minions, posting it on Facebook with the caption, "If you need to say Kaddish, it's not difficult to find minions in Vegas!"

With the Minions movie about to be released, there are a lot of other minyan-minions images circulating on the Web. Here are a few:

Jon Hamm is not Jewish, although his long time girlfriend Jennifer Westfeldt is Jewish through her mother, meaning their children would be counted in a minyan along with Jon Stewart. So, if you're looking for a minyan (or minions), just ask Jon Hamm or Jon Stewart!

Watch Jon Stewart and Jon Hamm mix it up here:

Join the Minyan with Skype

It was 1998 and I was in my first semester of rabbinical school at the Jewish Theological Seminary. My Talmud professor, Rabbi Avram Israel Reisner, approached me after class one day to discuss a project he was working on. As a member of the Conservative Movement's Committee on Jewish Law and Standards (CJLS), he was examining the legal permissibility of a virtual minyan (prayer quorum). Knowing my interest in technology, my teacher picked my brain about some of the technical implications of video-conferencing. He sought to answer the halakhic (Jewish legal) question of whether a minyan could be convened using non-traditional, electronic means. Some of the sources he was considering were drawn from the same pages we were then studying in his class from Tractate Rosh Hashanah as it deals with hearing the sound of the shofar to fulfill the obligation.

Rabbi Reisner's project resulted in a teshuva (legal position paper) titled "Wired to the Kadosh Baruch Hu," in which he ruled that a virtual minyan conducted via video-conferencing was not "kosher."

Now, one of my colleagues has opened his daily minyan through Skype access which brings this halakhic question back into discussion. Skype had yet to be invented back in 1998 when Rabbi Reisner considered the issues surrounding virtual minyan participation. In a bulletin article for his synagogue (reposted by the Rabbinical Assembly), Temple Emunah in Lexington, Massachusetts, Rabbi David Lerner refers to Rabbi Reisner's published teshuva noting that he reasoned that should the technology come available the virtual minyan would be permissible.

Rabbi Lerner had good reason to open his daily minyan via Skype to those who couldn't attend in person. One of his congregants, Maxine Marcus, lives in Amsterdam and works in The Hague, where she serves as a prosecutor of war criminals from the wars in the former Yugoslavia. Her mother recently lost her fight against cancer. After returning to Amsterdam following the funeral last fall in New York, Maxine how difficult it was to say Kaddish in Amsterdam. Rabbi Lerner made the decision to allow Maxine to participate in the Temple Emunah minyan through Skype.

Based on my reading of Rabbi Reisner's teshuva, the issue of reciting kaddish as part of an already constituted real-time minyan was a separate issue from constituting a minyan via the Internet through video conferencing. Thus, so long as a minyan is already in place in Lexington, Massachusetts at Rabbi Lerner's congregation, there was never a question about a "virtual participant" reciting Kaddish in that minyan.

Based on Rabbi Reisner's conclusions, however, it would seem that even with Skype a minyan could not be constituted virtually meaning eight people gathered together could not be joined virtually by two others using Skype to count as a minyan. He writes that "a minyan may not be constituted over the Internet, through an audio- or video-conference or any other medium of long distance communication. Only physical proximity, defined as being in the same room with the shaliah tzibbur (prayer leader), allows a quorum to be constituted." He goes on to explain, "Once a quorum has been duly constituted, those who hear the prayers being offered in that minyan may respond and fulfill their obligations thereby, even long distance.

With regard to the Mourner's Kaddish, Rabbi Reisner concluded in the 2001 teshuva that "a mourner at a distance may recite it, but must be accompanied by a physical participant (a member who is physically present) in the minyan. This preserves the reason behind requiring a minyan for the recitation of Mourner's Kaddish. It establishes community. Without this concluding statement, individuals might take it a step further and recite Mourner's Kaddish on their own." Therefore, as far back as a decade ago Rabbi Lerner was on firm halakhic standing to allow his congregant in Amsterdam to recite the Mourner's Kaddish via Skype so long as at least one minyan member in Massachusetts accompanies her.

Rabbi Lerner reports that introducing Skype into his daily minyan has strengthened the minyan and has proven to be a very powerful experience. "Members of the minyan have gotten to know Maxine, schmoozing with her for a minute or two after minyan over Skype." He also has found that opening his minyan virtually has impacted the general community. He wrote in his bulletin article, "This project enabled someone on the other side of the Atlantic to come and experience the power of God, the power of prayer, the power of community, and the power and support of a nurturing community around sacred occasions and after times of loss. His biggest challenge has been trying to encourage other congregations to invite remote minyan-goers to their minyan without letting it adversely impact on our minyan or attendance.

Kol Hakavod (kudos) to Rabbi Lerner for making good use of technology like Skype to allow a mourner in Amsterdam to find comfort with her community in Massachusetts. While Skype might still not be the technology that allows ten people to come together virtually in Cyberspace to form a minyan, it is certainly a great way to allow outsiders to join an existing minyan with a Web cam and Internet connection.