Law and Spirit in Terrible Times

Abstract

With a long tradition in Judaism, responsa (rabbinical judgments on issues pertaining to moral and community life) and their commentary constitute much of Talmudic content. During the Holocaust, rabbis wrote judgments regarding marriages, living arrangements, the burial of the dead and attendance at burials; they recited prayers at funerals, presided over ceremonial occasions, officiated in the shul, and supervised the slaughtering of animals for meat. The responsa constitute an intimate glimpse of how rabbis organized moral life and the assumptions used to guide individual and group behavior, particularly regarding compliance with German regulations. Judenrat leaders, as well as ordinary citizens, consulted the rabbis, who provided moral coherence for a universe rapidly disintegrating under the force of German rule. Many of the surviving responsa deal with petitions for remarrying without proof of death of the former spouse; during and after the war, they provide detailed glimpses into the human and social devastation imposed on Jewish life. The following example is typical of responsa regarding remarriage.