Robert Spencer

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Bat Ye'or

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Brigitte Gabriel

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Daniel Pipes

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Debbie Schlussel

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Walid Shoebat

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Joe Kaufman

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Wafa Sultan

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Geert Wilders

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The Nuclear Card

Saturday, March 13th, 2010

Tag Archive | "Double Standards"

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Is Robert Spencer Captain Oblivious? A Case Study in His Epic Double Standards

Posted on 13 March 2010 by Danios

Had I been really motivated, I would have photoshopped this picture and put Spencer's head on it.  Since I didn't, kindly just imagine it there.

Had I been really motivated, I would have photoshopped this picture and put Robert Spencer's head on it. Since I didn't, kindly just imagine it there.

I’m absolutely no fan of Mahmoud Ahmadinejad. Unlike the neocon nutter Daniel Pipes who said that he was “rooting for Ahmadinejad,” I was praying for the opposition to win.  But I must always speak the truth, and therefore object to (the fraudulent liar) Robert Spencer’s absolutely deliberate misquoting of the Iranian president.  Spencer just published an article which he entitled as follows:

Ahmadinejad: “With God’s grace,” Israel “will be annihilated.”

In fact, Ahmadinejad did not say that.  The proof is in the news article Spencer himself linked to, which claims that the Iranian president said: “With God’s grace, this [Israeli] regime will be annihilated.”   A world of a difference.  Isn’t it the neocons themselves who call for the toppling of regimes in the Arab and Muslim majority world?  Isn’t it Spencer himself who calls for this, in countries such as Afghanistan, Iraq, and even Iran?  So it’s ok to call for it against Muslim regimes, but not “Judeo-Christian” Western ones?

This deliberate misquoting of Mahmoud Ahmadinejad cannot be a mistake, because Robert Spencer–being the global expert of the Islamic world that he is–must be well aware of the now famous misquoting of Ahmadinejad in 2005; the Huffington Post reported:

As the Bush Administration beats the drums for another war of choice with another country that had nothing to do with 9/11, they are using another series of fabricated facts to indoctrinate the American people into thinking that Iran poses a serious threat to our security. At the core of these fabrications is the claim that on October 25, 2005, during a speech at the Ministry of Interior conference hall, the then newly-elected President Mahmoud Ahmadinejad remarked that “Israel must be wiped off the map.” As someone who was born in Tehran, lived there for seventeen years and is a native Farsi speaker, I have read the original transcripts of the speech in Farsi and want to inform you that Ahmadinejad never said “Israel must be wiped off the map,” but rather, his statement was grossly mistranslated and taken out of context, perhaps to help make a case for military action against Iran.

Let’s analyze what Ahmadinejad said. His exact words in Farsi were as follows: “Emam goft een rezhim-e eshghalgar-e qods bayad az safheh-ye ruzegar mahv shavad.”

The correct translation of the statement is as follows: “Imam said this occupying regime in Jerusalem must vanish from the page of times.”

And the word-to-word translation of the statement is as follows: Emam: Imam (Khomeini, leader of the 1979 revolution); Goft: said; Een: this; Rezhim-e eshghalgar: occupying regime; Qods: Jorusalem; Bayad: must; Az: from; Safheye: page of; Ruzegar: times; Mahv shaved: vanish.

Coming back to the recent quote reproduced by Spencer, Ahmadinejad obviously didn’t say for Israel to be annihilated.  The fact that he specifically used the term regime indicates that he absolutely was not calling for that.  This much you can tell just from reading the article that Spencer himself cited.  As for the news article itself, I wonder how accurate their translation is; did he really call for the regime’s annihilation or its elimination (a much less loaded term)?

Anyways, moving beyond Robert Spencer’s deliberate misquoting (which shows how truly fraudulent this man is), there is an even more glaring issue here.  Even if we pretend that Mahmoud Ahmedinejad called for the annihilation of Israel (which he didn’t), then what about the hate video that Robert Spencer just promoted on his website, where a Hindu extremist calls for the annihilation of Pakistan–to wipe it off the map?  It’s almost the exact same words as Spencer attributes to Ahmedinejad!  And this is in the translation that Spencer himself put up.  It is truly unbelievable how oblivious Spencer is to his profound double standards.  Or perhaps he is not oblivious at all (which is actually more likely), and just hopes that nobody important (aside from his loyal Islamophobic fan base) sees through his thin veneer of hate, bias, and double standards?

The brainwashed extremist girl declares:

…Soon our whole nation [of Hindustan] will rise.  When our people rise up, it will be very difficult for you [Pakistanis].  It will be disastrous for every inch of your land…Kashmir will continue to exist, but not Pakistan.  Who [amongst you] will voice such concerns?  Who will show the braveness to use the atom bombs we have [against Pakistan]?  Ask them [the Indian government] who is going to use the [atomic] weapons we have?  Whom are they waiting for?  Don’t worry what is happening now.  History is where it is. We have the capacity to change the geography of the world [by wiping out Pakistan]…everything between [the Pakistani cities of] Karachi to Rawalpindi will become worthless…There won’t be any Pakistan!  If you continue to believe this, I assure you that Pakistan won’t be present in the world for long.

Notice how she goes way past anything that Robert Spencer just criticized in Mahmoud Ahmedinejad’s speech.

And one can’t help but notice the absurdity of Spencer saying:

There just isn’t much that’s peaceful about the Iranian regime, but they expect us to believe the nuclear program is.

Earth to Captain Oblivious: you just promoted a video of a Hindu extremist advocating the use of nuclear weapons to absolutely destroy Pakistan and wipe it off the map.  You posted this only within the last few days, and we just published our article calling you out for this.   Maybe you should at least have waited a few weeks, with the hope that people would begin to forget the hate speech posted on your very own site.

What an absolutely unbelievable hypocritical fraudster Robert Spencer is.

(It should be noted that we here at LoonWatch are in no way, shape, or form insinuating that the extremist girl represents Hindus.  Clearly, she is part of a fringe minority of extremists.  Furthermore, I advise the readers not to be harsh with her; I’ve read some people calling her some pretty nasty things.  Calm down.  She’s only sixteen years old and brainwashed.  She’s probably never even seen a Pakistani in her life.  She wasn’t even alive when those events she mentioned in her speech happened.  It’s not her fault as much as those who indoctrinated her with this burning hatred.  I hope that one day, with age and maturity, she recants.  So go easy on her.  The true villains are those like Robert Spencer and Pamela Geller who are grown adults and yet promote her immature words.)

Update:

A loyal reader of our site (hat tip: Zam) pointed out to me that the JihadWatch.org article against Mahmoud Ahmadinejad was written by Marisol, not Spencer.  Nonetheless, it was posted on Spencer’s own site.  And we must assume that he approves of the message, since he has neither repudiated nor recalled the article.

More importantly, he has condemned Mahmoud Ahmadinejad’s supposed statement multiple times in the past, such as here where Spencer laments: “Iranian President Mahmoud Ahmadinejad declared at a conference in Tehran entitled ‘The World without Zionism’ that Israel should be destroyed.”   Spencer entitles this article “Iran Calls for a New Holocaust.”  In fact, Mahmoud Ahmadinejad simply reproduced the words of Ayatollah Khomeini, just as Spencer reproduced the words of the Hindu extremist.

Of course, neither Ahmadinejad or the Ayatollah he quoted actually called for the annihilation of Israel or a New Holocaust (see Huffington Post article I referred to earlier); on the other hand, both the Hindu extremist and Spencer endorsed a call for a nuclear holocaust in Pakistan.  I’m sure Spencer condemns himself for that.

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Pamela Geller and Robert Spencer: Wipe Pakistan Off the Map

Posted on 09 March 2010 by Mooneye

Robert Spencer with loon Pamela Geller

Robert Spencer with loon Pamela Geller

Pamela Geller and Robert Spencer hosted a video of a young Hindu girl obviously inspired by extremists such as the fanatics who destroyed the Babri Mosque on their respective websites. (hat tip: Jack) In the video she calls for “wiping Pakistan off the map.” Does that sound familiar? Pamela Geller and Robert Spencer now have no right to complain about Ahamdinejad’s statements to “wipe Israel off the map” as it rings hollow and hypocritical as they are more than happy to entertain the destruction of a whole country when it is predominantly “Mooslim.”

This is the video that both Pamela and Robert hosted on their site:

You need to a flashplayer enabled browser to view this YouTube video

Pamela Geller commented that: “Perhaps with an online Colb. (collaboration) we can run her for president in ‘16. She gets it.”

Robert Spencer remarks: “The girl is right: do not fear. Fight back against the jihad. Fear hands the jihadis a weapon.”

One thing that Pamela and Robert don’t seem to understand or care about is that this girl’s hatred is not limited to Muslims but it extends to Christians and Americans. At 24 seconds the video translates what she says as, “Tell those clerics, Pakistanis and Jihadis that you do not fear bomb blasts and acts of terrorism,” in fact what she says is, “Tell those clerics, Pakistanis and Christians that you do not fear bomb blasts and acts of terrorism.” A mistranslation that seems to have ironically gone right over the head of the “scholar” Robert Spencer and his lunatic buddy Pamela Geller.

Commenters on Geller’s site were enthusiastic, calling the girl a “natural-born leader,” “incredible,” “amazing,” “fantastic,” while a few of the more “restrained” commenters argued that while they were all for nuking Pakistan it wouldn’t solve the problem. The video drew little heated debate and exchanges on JihadWatch with the usual commenters fawning over her calls for the destruction of Muslims, while a few critical voices accused of “taqiyyah” pointed out the fact that Spencer was a hypocrite for hosting this video.

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Goa: Indian MP says Rape not a Crime, what if he were Muslim?

Posted on 17 December 2009 by Emperor

Shantaram Naik

Shantaram Naik

A Muslim Indian MP has said that rape after midnight is not a crime…no wait a second! He isn’t Mooslim!!

A Goan Hindu MP has said that if tourists get raped after midnight it shouldn’t be considered rape. What if he were Muslim? This would be news all over the media, Robert Spencer and Pamela Geller would be adding it to their litanies of look at what “Islam” is doing. Of course we wont hear a peep out of them about this. (hat tip to our indelible reader: Retaane)

Goa MP says Rape after Midnight not a Crime

An Indian politician has sparked outrage after he suggested that cases when a woman was raped after staying out past midnight should be treated differently to other sexual attacks.

Speaking before the country’s parliament, Shantaram Naik, an MP from Goa from the ruling Congress Party, reportedly made a series of “contentious” comments referring to the British teenager Scarlett Keeling, who was raped and murdered in Goa last year, and a Russian woman who alleges she was recently the victim of an assault by a state politician.

“An alleged rape of a lady who moves with strangers for days together even beyond middle of the night is to be treated on different footings,” said Mr Naik, as opposition MPs shouted their disapproval.

He then turned his attention to the media, accusing it of sensationalising and over-reporting such attacks. “If we go by electronic media coverage of recent times, it appears that nothing happens except incidents of rape,” he added.

Mr Naik’s comments were also criticised by the Russian consulate in Mumbai, which wrote to the state government saying it intended to advise Russian visitors not to stay out past 10pm if it was not safe for them to do so.

“Essentially the Russian government is concerned about the safety about its citizens,” Vikram Verma, a lawyer representing the consulate, told the Times of India. “If [the state authorities] feel that Russians should not be out late in the night, we would [be] happy to give them any advisory which would improve their safety and security.”

The darker side of Goa, which has long attracted visitors from around the world, has received no shortage of publicity following a series of killings and assaults on tourists – among them Devon teenager Scarlett Keeling in February 2008. An initial investigation by police concluded she had drowned but after the intervention of her mother, it was shown the 15-year-old had been murdered.

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Robert Spencer is on the Ropes; Spencer’s Bumbling Reply to LoonWatch

Posted on 03 December 2009 by Danios

For those of you just joining us, let’s recap: Robert Spencer wrote a book entitled The Politically Incorrect Guide to Islam and the Crusades.  Chapter four of this book is entitled “Islam: Religion of Intolerance.”  On p.47, he summarizes the chapter into three points:

*Islamic law mandates second-class status for Jews, Christians, and other non-Muslims in Islamic society.

*These laws have never been abrogated or revised by any authority.

*The idea that Jews fared better in Islamic lands than in Christian Europe is false. [1]

I then wrote a rebuttal of the third point, promising to write a follow up article dealing with the first two.  Spencer took a look at my rebuttal and replied, as follows:

As for the one you did link, I took a look. It is an extended (very extended) example of the familiar tu quoque fallacy in which Islamic apologists always indulge: other people have done evil, and therefore our evil is not so bad or not to be spoken of. There are two chief problems with this:

1. I have never said or implied that Muslims have a monopoly on evil. Every group has been guilty of some wrongdoing. Does this mean we should not discuss the threats to human rights constituted by Islamic supremacism? I don’t think so.

2. Even if what this person is saying were true, the whole premise is wrong: the church never had a “doctrine” regarding these matters. These were practices applied in various times and places, never universally, and not based on any church law. In fact, the Popes consistently opposed the persecution of the Jews. This is in sharp contrast to the laws of dhimmitude that are taught by all the schools of Islamic jurisprudence.

And most importantly, no church is behaving in such ways as are described in this article today, but Islamic jihadists in Gaza and elsewhere have declared their intention to reimpose the dhimma on Jews and Christians when they are able to do so.

Cordially
Robert Spencer

Here is my counter-reply, as follows:

Dear Robert Spencer,

You said:

It is an extended (very extended) example of the familiar tu quoque fallacy in which Islamic apologists always indulge: other people have done evil, and therefore our evil is not so bad or not to be spoken of.

I certainly never said that the “evil is not so bad.”  What I said was that the “evil” (your choice of words) done to infidels in the Islamic realm was historically less than that done to infidels in Christendom.  And I said that to negate chapter four of your book, in which you specifically wrote “the idea that Jews fared better in Islamic lands than in Christian Europe is false,” and “the Muslim laws were much harsher for Jews than those of Christendom.”  I am fact-checking your book, and you made a claim, and I refuted it.  Simple as that.  Now it is up to you to either defend your initial claim or concede that you were wrong to state it.

You have a problem with Islamic apologists who downplay or whitewash the abuses of the Islamic past.  But you yourself are a Catholic apologist who downplays and whitewashes the abuses of the Christian past. You replace myth with counter-myth.  I, on the other hand, look at the cold hard facts.  And the facts are quite clear: the Islamic apologists are wrong to claim that there was an interfaith utopia, but you were wrong to claim that it was worse for infidels in the Islamic world than in Christendom.

As for the claim that I think the “evil…is not to be spoken of,” I never said that either.   My article was rigidly fair, speaking of the discrimination prevalent in the Islamic world.  The issue here, however, is you, who speaks so much on the topic, yet downplays and completely ignores the even greater abuses in Christian history.

The reason that you are forced to downplay and ignore the abuses in Christian history is obvious: it would completely neutralize your argument which could then no longer be used as a stick to beat the Muslims over the head with.  I don’t have a problem with discussing history.  I do, however, have a problem with weaponizing history, which is what you do; you downplay and ignore one side’s abuses, exaggerate the other sides, and then top it off with sensationalist fear mongering.  In your own words on the cover of your book: “Muslim persecution of Christians has continued for 13 centuries.”  I guess replacing that with the more balanced “Muslims and Christians persecuted each other” would not sell as many books, eh?

You call it a tu quoque fallacy.  I call it common sense.  You cannot possibly single out and demonize the Muslim community–and Islam–when in fact the same criticisms apply equally if not more to all other religious communities and religions–and yours in specific! It’s a case of the pot calling the kettle black.  One can and should discuss shortcomings and even horrific abuses of the past, but this can be done without the singling out and demonizing which you specialize in and have made into a career.

But in any case, we need not discuss the implications of your statement yet.  Right now, the issue is about the veracity of your statement that the Jews were persecuted more in the Islamic world than in Christendom.  That is a false claim.  You can try to muddy the waters as much as you want, but the bottom line is that your book is based on a horrendous error at best–if not a boldfaced lie.

You said:

1. I have never said or implied that Muslims have a monopoly on evil. Every group has been guilty of some wrongdoing.

Did I ever say that you said the Muslims have a monopoly on evil?  Or that you deny that every group has “some” wrongdoing?  You implied in your book that historically the Muslims persecuted Jews much more than Christians ever did.  That was your statement which I refuted, so stop moving the goalposts.  Either defend the thesis in your book, or admit that you were wrong.

You then said:

Does this mean we should not discuss the threats to human rights constituted by Islamic supremacism?

Who said otherwise?  Once again, stop trying to squirm your way out of this.  It’s very simple: you made a claim in your book, and I refuted it.  Your claim was that the Muslims persecuted Jews more than the Christians did.  This was your explicit claim, and your implicit claim was that there was a monumental difference between the persecuting Islamic society on the one hand and the supposedly freedom-loving Christian society on the other.  (As you put it: “In Christian lands there was the idea, however imperfect, of the equality of dignity and rights for all people.” [2])  The reality of course is anything but.  Again: either defend your thesis, or concede; don’t change the topic to something else.

You said:

…the church never had a “doctrine” regarding these matters. These were practices applied in various times and places, never universally, and not based on any church law.

Spencer, this is now getting frustrating.  Yes, the Church had a doctrine; they are the ones who founded it!  The doctrine of Witness, and of Perpetual Servitude of the Jews,  was enunciated by the Church, and the state later adopted it into their concept of Serfs of the Royal Chamber. This was adopted virtually “universally” in the realm of Christendom.  Perhaps you ought to read my rebuttal again.  Clearly, it was the Church who originated the concept of Perpetual Servitude, propagated it, and championed it.  In fact, as I discussed in my rebuttal the Church competed with the state over which would own the Jews.

The anti-Jewish laws were based in Church doctrine.  Again, read my rebuttal again before saying something so absolutely false.  It leads me to believe that either (1) you don’t possess adequate reading comprehension abilities, or (2) you’ve been refuted so thoroughly that you can’t come up with any counter-point.

Then you said:

In fact, the Popes consistently opposed the persecution of the Jews.

It was through the infallible papal bulls that such ideas as Perpetual Servitude became preponderant in Christendom.  Just to give one such example: the Pope in 1452 issued a bull that called for the Christians to “reduce into perpetual servitude” the infidels.

It is true that the papacy forbade killing off the Jews, but the reason for that–as I discussed in my rebuttal–was due to the doctrine of the Witness: Jews were to endure in order to witness the triumph of Christianity and Christ.  According to this doctrine, the Jews were to live in a miserable state of “perpetual servitude” which would then serve as a living proof of their misguidance.  So yes, the popes did prevent the complete elimination of the Jews, but only that they may live in serfdom/slavery.  Similarly, the Church fathers ruled that all of a Jew’s property could be confiscated except the absolute bare minimum which was needed for his survival; again, the Jew must endure to serve as Witness.

Spencer’s statement was challenged by the anti-Islam bigot sheik yer’mami

With all due respect, Robert: “In fact, the Popes consistently opposed the persecution of the Jews” - really? I have a problem with that.

There were some pretty awful popes in the history of the church, and all the things that were done to Jews could hardly have been done without their consent. Throughout the history of the Catholic church we see consolidated efforts to reign in the bishops who were getting too powerful and who were also warlords, something which is probably very little known.

That aside, I don’t think you can find much evidence that popes were opposed to the persecution of Jews….

Spencer then replied with:

Sheik

The record is not monochromatic, but actually, yes, I can find plenty.

First, the bad news. Pope Zachary reaffirmed a prohibition on intermarriage. Leo VII directed the archbishop of Mainz to expel Jews who refused to convert to Christianity from cities within his diocese. Pope Gregory VII forbade Jews to hold authority over Christians.

The Fourth Lateran Council decreed in 1215 that Jews must wear distinctive garb—a directive initially emphasized, then suspended, then insisted upon again by Pope Honorius III. Gregory IX led a campaign against Jewish books that led to a massive book-burning in Paris. Nicholas III required Jews to assemble to hear proselytizing sermons and ordered that those who had been baptized but then returned to Judaism be “turned over to the secular power”—which meant almost certain execution. Honorius IV wrote a letter to the English bishops warning them about Jewish efforts to convert Christians—which ultimately led to the expulsion of the Jews from England. Pope John XXII resumed the campaign against Jewish books, ordering the Talmud suppressed. Centuries later, in 1858, police of the Papal States seized a six-year-old Jewish boy, Edgardo Mortara, from his family because a Catholic servant girl who worked for the family had baptized him. Pope Pius IX refused numerous entreaties to return the boy to his family. Mortara became a Catholic priest and died in 1940. Many consider the incident one of the chief obstacles to the canonization of Pius IX.

But as I said, the papal record is not monochromatic. Historian and Rabbi David Dalin says this: “The historical fact is that popes have often spoken out in defense of the Jews, have protected them during times of persecution and pogroms, and have protected their right to worship freely in their synagogues. Popes have traditionally defended Jews from wild anti-Semitic allegations. Popes regularly condemned anti-Semites who sought to incite violence against Jews.”

This is not, as some might think, a strictly modern phenomenon. For instance, Pope Gregory I, who wrote harshly of the Jews’ rejection of Christ, nevertheless issued an edict dictating that Jews “should have no infringement of their rights. … We forbid to vilify the Jews. We allow them to live as Romans and to have full authority over their possessions.” When a bishop in Palermo seized a synagogue and converted it into a church, the building could not be returned to its former owner because it had now been consecrated; however, Gregory ordered the bishop to pay the owners a fair price, so that the Jews “should in no way appear to be oppressed, or to suffer an injustice.” He also forbade forced conversion of Jews, a prohibition later repeated by Gregory IV.

Pope Gregory I’s directives formed the basis of the Jews’ status in Western Europe for a considerable time thereafter. Pope Alexander II commended bishops in Narbonne and Spain for protecting Jews from attacks by Christians. When would-be Crusaders massacred Jews in Speyer, Worms, Mainz, Cologne, and elsewhere before the First Crusade, it is noteworthy that local bishops often acted to end these slaughters. Pope Calixtus II thereafter reaffirmed Gregory’s prohibition of attacks on Jews, and also forbade forced conversion and attacks on synagogues.

The popes also held fast against forced conversions and attacks on the Jews. Pope Innocent III, although he condemned Jews as “the sons of the crucifiers, against whom to this day the blood cries to the Father’s ears,” stated: “For we make the law that no Christian compel them, unwilling or refusing, by violence to come to baptism.
Too, no Christian ought to presume…wickedly to injure their persons, or with violence to take away their property, or to change the good customs which they have had until now in whatever region they inhabit. Besides, in the celebration of their own festivals, no one ought to disturb them in any way, with clubs or stones, nor ought any one try to require from them or to extort from them services they do not owe, except for those they have been accustomed from times past to perform. In addition to these, We decree…that no one ought to dare to mutilate or diminish a Jewish cemetery, nor, in order to get money, to exhume bodies once they have been buried.”

Those who dared transgress these prohibitions were threatened with excommunication. Innocent also noted that Calixtus and four other popes had extended the same protections to the Jews. According to Dalin, “Calixtus’s defense of the Jews, with its promise of continuing papal protection, was reissued at least twenty-two times by successive popes between the twelfth and fifteenth centuries.”

Of course, this reissuing wouldn’t have been necessary if Jews were not continually being attacked in Europe. Many of these attacks centered around the “blood libel,” the contention that Jews killed Christian children and mixed their blood into their Passover matzoh. Pope Innocent IV issued a strong denial of the blood libel, as did Gregory X, Martin V, and Sixtus IV. Paul III denounced those who “pretend, in order to despoil them of their goods, that the Jews kill little children and drink their blood.” That this had to be repeated over several centuries testifies to the persistence of the libel in Christian Europe, but nevertheless, excommunication was consistently the penalty for those who spread such stories or victimized Jews on such a basis.

Gregory X also affirmed the validity of Jewish testimony, declaring, “An accusation against Jews based solely on the testimony of Christians was invalid; Jewish witnesses must also appear.” Clement VI defended Jews from charges that they were responsible for the Black Death; Boniface IX granted full Roman citizenship to Jews; Martin V directed that “every Christian treat the Jews with a humane kindness” and forbade preachers “to preach against the Jews, to attempt to interrupt their normal relations with their neighbors, to infringe upon their religious rights, or to exclude them from normal activities (including attendance at universities).” He also reaffirmed the repudiation of the blood libel.

Leo X ordered the entire Talmud to be printed by a Christian printer in Rome so as to discourage anti-Semitic rumors about its contents. Clement VII commissioned a new translation of the Old Testament from Hebrew into Latin, to be completed by six Christians and six Jews working together.

Innocent X and Benedict XIV both worked to end the blood libel and the persecution of Jews in Poland. Leo XIII spoke out in defense of Alfred Dreyfus, a French military officer wrongly accused of treason in a notorious case. Pius X and Benedict XV acted against anti-Semitism in Italian politics and media. It was thus not without justification that Pius XI was able to write in 1928: “Moved by this Christian charity, the Holy See has always protected this people [the Jews] against unjust vexations, and just as it reprobates all rancour and conflicts between peoples, it particularly condemns unreservedly hatred against the people once chosen by God: the hatred that commonly goes by the name of anti-Semitism.” Pius XI used his encyclical letter Mit Brennender Sorge — pointedly written in German instead of Latin, and directed to the German bishops — to condemn the anti-Semitism of the Nazi regime. The Nazis, in response, forbade its publication in Germany and denounced Pius XI as half-Jewish. That encyclical, drafted by Cardinal Eugenio Pacelli, who two years later became Pope Pius XII, declared: “Whoever exalts race, or the people, or the State, or a particular form of State, or the depositories of power, or any other fundamental value of the human community—however necessary and honorable be their function in worldly things—whoever raises these notions above their standard value and divinizes them to an idolatrous level, distorts and perverts an order of the world planned and created by God; he is far from the true faith in God and from the concept of life which that faith upholds.”

When Vienna’s Cardinal Innitzer rang the city’s church bells to celebrate Hitler’s entry into the city after the Anchluss in 1938, Pius XI called Innitzer to Rome and rebuked him — and, according to historian Michael Phayer, had the rebuke “communicated through diplomatic channels to the United States so that world governments would know where the Vatican stood regarding Hitler’s Germany.” On September 6, 1938, he told a group of pilgrims from Belgium that “anti-Semitism is inadmissible; spiritually, we are all Semites.”

The record of Pope Pius XII is controversial, but there has been a good deal of misinformation publicized about it. In reality, he helped save many hundreds of thousands of Jews and was memorialized at Yad Veshem. The campaign to blacken his name began later.

Cordially
Robert Spencer

With regards to the papacy, it held a somewhat contradictory position throughout history; it was a source of great intolerance but at the same time it placed some limits to intolerance which benefited the Jews.  This is all because the Church adopted the doctrine of Witness, which–as I have explained in some detail in my rebuttal (and reiterated above)–argued that Jews ought not to be killed in order that they might endure as living witnesses of the triumph of Christianity and Christ.  But they were to live in a state of perpetual servitude, in order that their pitiful condition prove to the world their defeat for supposedly slaying Jesus.  To this effect, we read:

The Catholic Church, in its triumphant march toward the spiritual unification of the world, was mortified that among all the cults that had flourished in the Roman Empire, only the Synagogue had been able to withstand Christian propaganda.  The only obstacle in the path of the Christians toward religious supremacy was the handful of Jews “stubbornly entrenched in their satanic blindness.”  It is not surprising that the Church yielded to the temptation of using its secular power and influence with the princes to reduce these stubborn, unyielding unbelievers to a state of pariahdom on the fringes of society.

A distinction must be drawn, however, between the attitude of the Papacy and that of the lower clergy.  The Papacy was on the whole much less hostile, and maintained in principle the attitude of genuine ambivalence that had developed out of the original schism.

The official attitude of the Church had been defined by Pope Gregory the Great (590-604) in his Constitutio pro Judeis, wherein he established the principles protecting the religious practices of the Jews within the strict limits of the Law.  The thirteenth century Popes reaffirmed the principles of Gregory I but emphasized the more hostile aspects of his pronouncements.  Pope Innocent III (1198-1216) defined the theological position of the Jews in Christian world thus:

“The Jews’ guilt of the crucifixion of Jesus consigned them to perpetual servitude, and, like Cain, they are to be wanderers and fugitives…the Jews will not dare to raise their necks, bowed under the yoke of perpetual slavery, against the reverence of the Christian faith.”

And yet these same thirteenth century Popes appealed to Christian charity to protect the Jews from excessive persecution.  The theological reasons adduced from this protection were that the Jews were witnesses of the true Christian faith; their very existence was proof of the Gospels and their abasement proof of the triumph of Christianity…Therefore, though the Jews might be oppressed, they must not be exterminated–another example of the strange paradox of tolerance and hatred which has always characterized Christian ambivalence towards Judaism. [3]

This explains the ambivalence of the Church; on the one hand they were promoting a doctrine of intolerance, but at the same time they were placing limits to the manifestation of this intolerance, stopping short of wholesale slaughter.

Spencer, you said:

Historian and Rabbi David Dalin says this: “The historical fact is that popes have often spoken out in defense of the Jews, have protected them during times of persecution and pogroms, and have protected their right to worship freely in their synagogues. Popes have traditionally defended Jews from wild anti-Semitic allegations. Popes regularly condemned anti-Semites who sought to incite violence against Jews.”

This is consistent with what I have said earlier.  It is true that the papacy often stepped in to prevent wanton violence against Jews (such as massacres and forced conversions or baptisms), because–loyal to the doctrine of Witness–they wished the Jews to survive so that they might remain as perpetual serfs.

Professor Mark R. Cohen of Princeton University writes:

In his writings, Augustine articulated the doctrine of “witness,” which, over the centuries, served to justify the preservation of the Jews within Christendom…The Augustinian doctrine of witness, with its pragmatic rationale for accepting Judaism within Christendom, may have restrained Christian intolerance; but it could not efface a fundamental and potentially dangerous ambivalence in early Christianity regarding the other…

Inevitably, Jewry law appeared in pronouncements by the Catholic church…In keeping with both Augustinian doctrine and the protections guaranteed in the bull Sicut Judeis, throughout the Middle Ages the papacy maintained staunch and fairly consistent opposition to forced conversion of the Jews as well as to unwarranted physical brutality toward them.  Indeed, from time to time, a Pope might even add a clause to the “Constitutio pro Judeis” defending the Jews against some new, current threat.  For example, in 1247, Innocent IV reissued his own version of the bull within a year of the first promulgation, adding a section denouncing the newly risen blood libel.

I do not mean to imply that the papacy went out of its way to nurture Jewish life among Christians.  Quite the contrary, during the eleventh, twelfth, and especially the thirteenth centuries, as the papacy struggled to assert its supremacy over secular rulers, it also asserted its authority of the Jews.  This was done by inculcating the complementary ideas of Jewish subservience and inferiority.  Beginning with Pope Innocent III, in 1205, the idea of subservience was expressed in the revival of an old patristic doctrine about the “perpetual servitude” of the Jews, which gave ideological ballast to Innocent’s newly intensified campaign to segregate and subjugate the Jews. [4]

Spencer, you then said:

This is not, as some might think, a strictly modern phenomenon. For instance, Pope Gregory I, who wrote harshly of the Jews’ rejection of Christ, nevertheless issued an edict dictating that Jews “should have no infringement of their rights. … We forbid to vilify the Jews. We allow them to live as Romans and to have full authority over their possessions.” When a bishop in Palermo seized a synagogue and converted it into a church, the building could not be returned to its former owner because it had now been consecrated; however, Gregory ordered the bishop to pay the owners a fair price, so that the Jews “should in no way appear to be oppressed, or to suffer an injustice.” He also forbade forced conversion of Jews, a prohibition later repeated by Gregory IV.

Pope Gregory I’s directives formed the basis of the Jews’ status in Western Europe for a considerable time thereafter.

Indeed, it did.  I completely agree with you Spencer that Pope Gregory I’s directives “formed the basis of the Jews’ status in Western Europe for a considerable time thereafter.”  But again, you are only showing one side of the coin, not the other.  As I quoted above:

The official attitude of the Church had been defined by Pope Gregory the Great (590-604) in his Constitutio pro Judeis, wherein he established the principles protecting the religious practices of the Jews within the strict limits of the Law.  The thirteenth century Popes reaffirmed the principles of Gregory I but emphasized the more hostile aspects of his pronouncements…Though the Jews might be oppressed, they must not be exterminated–another example of the strange paradox of tolerance and hatred which has always characterized Christian ambivalence towards Judaism. [5]

Spencer, you then said:

Pope Alexander II commended bishops in Narbonne and Spain for protecting Jews from attacks by Christians. When would-be Crusaders massacred Jews in Speyer, Worms, Mainz, Cologne, and elsewhere before the First Crusade, it is noteworthy that local bishops often acted to end these slaughters.

Yes, Pope Alexander II stepped in to prevent the wholesale slaughter of Jews by Crusaders.  But you didn’t tell us why.  The reason was, in the words of Pope Alexander II himself, that the Jews–unlike the Muslims–were willing to be the perpetual serfs of the Christians, and thus ought to be tolerated:

[A] Papal pronouncement mentioning Jewish servitude was issued by Alexander II in the middle of the eleventh century…In a letter to the archbishop of Narbonne, the local viscount and the bishops of Spain, Alexander II praised them for protecting the Jews from persecution by knights setting out for war in Spain.  He [Alexander II] wrote:

“…the case of Jews and Moslems is certainly different.  For one may justly fight those who persecuted Christians and drive them from their towns and habituation.  They [the Jews], however, are willing to serve Christians everywhere.”

Alexander II used the service of the Jews as a reason to justify their protection–even though his wording was derived from the pejorative language commonly employed in relation to Jews and Judaism.  The entire phrase was incorporated by Gratian into canon law…

Theologians in the twelfth and thirteenth centuries undermined the civil status of the Jews in both theory and practice.  They made outright statements to this effect, and increased the restrictions on the Jews.  Councils of the Church naturally fell in step, and sometimes used even stronger language [against Jews].  Bernard of Clairvaux, in a letter warning crusaders not to kill Jews, also referred to the punishment the Jews were receiving [i.e. perpetual servitude] for their crime [of killing Jesus].  On another occasion, he stated: ‘There is no more dishonourable or serious serfdom than that of the Jews.  They carry it with them wherever they go, and everywhere they find their masters.’ This view was shared by Rupert of Deutz, Thomas Aquinas and other theologians.  Thomas, among others, drew practical conclusions from the theological argument: ’since by law[!], Jews were subject to perpetual servitude, thus the rulers of the land may receive their property as if it were theirs [the rulers's]‘ and, since the Jews were the servi of the Church, the Church could dispose of their property. [6]

Spencer you go on to say:

Pope Calixtus II thereafter reaffirmed Gregory’s prohibition of attacks on Jews, and also forbade forced conversion and attacks on synagogues.

Pope Calixtus II had a similar view to Alexander II, in that he goaded Christians to fight the Muslim infidels instead of killing Jews.  (If I were Spencer and this was about Muslims, I would ask: why did Christians have this bloodthirsty desire to slaughter Jews instead of fighting on the front against the enemy?  As I mentioned in my rebuttal, some 100,000 European Jews were slaughtered by the Crusaders. [7]) Again, the entire issue revolved around the Islamic intransigence and the (supposed) Jewish willingness to accept subjugation.  Even though he did protect the Jews from wholesale slaughter, Calixtus II reinforced the Church’s possessory control over Jews:

It is not surprising, then, that Innocent III and his thirteenth-century successors began playing up the theme of Jewish serfdom in an unprecedented fashion.  The very Constitutio pro Judaeis, first hesitantly enacted by Calixtus II, became an instrument in the hands of his powerful successors for the reassertion of the Papacy’s ultimate control over Jews.  This is why Innocent III, anything but a friend of Jews, considered it his duty to renew that bull on September 15, 1199, within a year after his ascendancy to the see of Saint Peter…The phrasing, quos propria culpa submisit perpetue servituti and sub timore servili became a standard usage in the vocabulary of later popes and canon jurists. [8]

Spencer, you then said:

The popes also held fast against forced conversions and attacks on the Jews. Pope Innocent III, although he condemned Jews as “the sons of the crucifiers, against whom to this day the blood cries to the Father’s ears,” stated: “For we make the law that no Christian compel them, unwilling or refusing, by violence to come to baptism. Too, no Christian ought to presume…wickedly to injure their persons, or with violence to take away their property…”

I almost agree with you Spencer when you say that the papacy “held fast against forced conversions and attacks on the Jews.”  Generally (though not always), that part is true.  However, what you fail to mention is that the papacy argued that although the Jews ought not to be subjected to wanton physical violence (such as “forced conversions and attacks”), they also held that the Jews were to be perpetual serfs; in fact, the only reason the papacy forbade the former was so that the Jews may endure as the latter!  Spencer, you used the example of Pope Innocent III above as a proof that the popes forbade wanton physical violence against Jews.  But Pope Innocent III said all the above because he adhered to the doctrine of Witness (and the belief of Perpetual Servitude); here’s what you didn’t quote from the words of Innocent III:

Crucifiers of Christ [the Jews] ought to be held in continual subjection. [9]

Pope Innocent III relegated the Jews to a status of perpetual servitude, saying:

Christian piety accepts and sustains living with Jews who, by their own guilt, are consigned to perpetual servitude because they crucified the Lord. [10]

And Innocent III said further:

…The Jews, as servants rejected by that Savior Whose death they wickedly contrived, should recognize themselves in fact and in creed the servants of those whom the death of Christ has set free, even as it has rendered them bondmen. [11]

In complete consistency with the doctrine of Witness–and of Perpetual Servitude–Pope Innocent III likened the Jews to Cain, who would not be killed but rather live an existence worse than death, one of shame and misery; Innocent III opined:

The Lord made Cain a wanderer and a fugitive over the earth, but set a mark upon him, making his head to shake, lest anyone finding him should slay him.  Thus the Jews, against whom the blood of Christ calls out, although they ought not to be wiped out, nevertheless, as wanderers they must remain upon the earth until their faces are filled with shame and they seek the name of the Lord Jesus Christ. [12]

So yes, the papacy protected the Jews from annihilation.  (Spencer, if this had been about Muslims, you would have said something nasty like “Muslim mobs had a propensity to annihilate the Jews.” )  The reason for the papal protection was so that the Jews may live in perpetual servitude as a proof of the victory of Christianity over the Jewish serfs.

Spencer, you go on to say:

According to Dalin, “Calixtus’s defense of the Jews, with its promise of continuing papal protection, was reissued at least twenty-two times by successive popes between the twelfth and fifteenth centuries.”

Yes, it was–invariably along with the doctrine of Witness and of Perpetual Servitude.  In fact, “papal protection” was in the form of papal possession.

Spencer, you say:

Pope Innocent IV issued a strong denial of the blood libel

Yes, and he also ordered the King to burn the Talmud, leading to the burning of twelve thousand Jewish religious books, which the Jews would call a religious “catastrophe”. [13] Pope Innocent IV decreed:

[I order] that you [the King] order both the aforesaid abusive books [Talmud]…to be burned by fire wherever they can be found throughout your entire kingdom. [14]

And again, he was a strong proponent of the doctrine of Witness and of Perpetual Servitude; Pope Innocent IV decreed:

The Jews…[have] been punished by the Lord to be slaves as it were, for whose death they sinfully plotted, they shall recognize themselves, as a result of this act, as slaves of those whom the death of Christ set free, and made them slaves. [15]

Spencer, the rest of your post is along the same vein.  You simply cherry picked the good things the popes did, and highlighted those, ignoring all the “evil” they did.  So for instance, if a pope opposed the ritual murder libel (which many did), then you would make sure to mention that, without also discussing how the same pope burned tens of thousands of copies of the Talmud.  If a pope overturned a ban on the Talmud, you would make mention of this, but not mention that the same pope only permitted heavily censored versions of the Talmud to be read.  And so on and so forth.

It is of course a game that you easily play because most of your receptive right-wing audience is ignorant, and unable to see the other side of the coin.  The reality, however, is that the papacy had both a protectionist and intolerant role to play in the treatment of the Jews.  The Jews were protected from wanton physical violence and loss of life, but at the same time severely restricted and forced into perpetual servitude.  The Augustinian doctrine of Witness–and its corollary of Perpetual Servitude–was the papacy’s general attitude towards Jews. To give just a few more examples…

Pope Pius V declared:

We order that, within 90 days, all Jews in our entire earthly realm of justice–in all towns, districts, and places–must depart these regions…their property [to be] confiscated and handed over to the Siscus, and they shall become slaves of the Roman Church, live in perpetual servitude and the Roman Church will have the same rights over them as the remaining [worldly] lords [have] over slaves and property. [16]

Pope Alexander III opined:

Jews ought to be slaves to Christians. [17]

Pope Gregory IX decreed:

We order all our brother bishops absolutely to suppress the blasphemy of Jews in your dioceses, churches, and communities, so that they do not dare raise their necks, bent under eternal slavery, to revile the Redeemer. [18]

And he said further:

They ought to know the yoke of perpetual enslavement because of their guilt.  See to it that the perfidious Jews never in the future become insolent, but that they always suffer publicly the shame of their sin in servile fear. [19]

Pope Innocent III declared:

It is absurd and improper that Jews–whose own guilt has consigned them to perpetual servitude–under the pretext that Christian piety receives them and tolerates their presence should be ingrates [adeo sint ingrati] to Christians, so that they attempt to exchange the servitude they owe to Christians for dominion over them. [20]

Pope Benedict XIV observed:

It is fitting for Jews to serve Christians…The Jews, as slaves rejected by that Saviour Whose death they wickedly contrived, should recognize themselves in fact and in creed the slaves of those whom the death of Christ has set free, even as it has rendered them bondmen. [21]

Keep in mind that Benedict XIV was one of the many popes who condemned the blood libel; yet, at the same time, he was an adherent of the doctrine of Perpetual Servitude.  It is in fact his very loyalty to this doctrine which caused him to prevent the blood libel massacres.  Again, there was a protectionist aspect coupled with great intolerance–all of which typified the Church’s ambivalent attitude towards Jews.

The Church’s doctrine was a seemingly intolerant policy, but in Christian Europe–where Jews lived in a “veritable hell” [22]–it did afford Jews protection from the antagonistic Christian masses.  It should be noted that the papacy often did seek to prevent physical assault on the Jews, but even this was marked by recurrent lapses, and Jews were often expelled at the behest of none other than the pope.  Yet, we ought to be fair and speak in generalities–unlike our opponents who take exceptional cases and posit them as the norm–so we must say that the papacy generally operated to preserve the lives of Jews in order that they serve as perpetual serfs:

The repeated mention of Jewish servitude in papal pronouncements lost none of its pungency; when applied to practical affairs, it lost none of its efficacy…[and] pointedly underscored the…perfidy of the Jews, who were condemned to perpetual slavery (perpetua servitute) because they called upon themselves and upon their children the blood of Christ…the Jews’ own sin subjected them to perpetual servitude, and they should suffer the shame of their sin in servile fear (sub timore servili)…In 1263 Urban IV…consigned both Jews and Moslems to ‘perpetual servitude.’…The servitus of the Jews was repeated by popes and other churchmen. [23]

Spencer, going back to your original reply, let me now deal with what you said here:

In fact, the Popes consistently opposed the persecution of the Jews. This is in sharp contrast to the laws of dhimmitude that are taught by all the schools of Islamic jurisprudence.

It is important here to understand what you mean by the word “persecution.”  If by it you mean discrimination, humiliation, and the like, then in that case the papacy did not at all oppose that.  In fact, they consistently supported the reduction of Jews to a status of perpetual servitude.  But if by “persecution” you mean physical violence (massacres, forced conversions, expulsions, etc.), then in that case it cannot at all be said that the four schools of Islamic jurisprudence condone that.  In fact, the dhimma pact granted the dhimmis protection from such persecution.  So quite the contrary, all four schools of Islamic jurisprudence forbid such persecution, to such an extent that Muslims were obligated to fight to defend the dhimmis should they come under attack.

Therefore, no matter which way we interpret your argument, it is weak.  If you use the former definition of the word “persecution” then in that case the papacy reduced the infidels to a far worse state of degradation than the Islamic clerics ever did–for it was the difference between perpetual servitude/slavery on the one hand and free (albeit second-class) citizenship on the other.  But if you rely on the second definition of “persecution,” in that case it is simply an inaccurate statement, for even the discriminatory Pact of Umar strictly forbade any persecution (i.e. physical violence) against infidels.

Furthermore, it is altogether curious how you first say that “the Popes consistently opposed the persecution of the Jews,” but when sheik yer’mami questioned your statement, you responded by saying “the papal record is not monochromatic” and even listed some of the “bad news.”  Well, which is it?  Do you see how you have contradicted yourself here?

In any case, it is debatable whether or not the papacy was consistent in its prevention of persecution–by either definition.  Yes, the papacy generally reigned in on wanton physical violence, but not always.  Indeed, there were numerous instances in which the Church took part in the expulsion of the Jews. But if we expand our definition of persecution to discrimination (as you seem to do when talking about the realm of Islam), then there is no question at all about the matter: the papacy surpassed the Muslim discrimination by far.

Lastly, it is important to note here that it would be inappropriate to exclusively focus on the papacy, as you have done.  Rather, we must look at the Church overall and the realm of Christianity in general.  The clergy underneath the papacy were generally far more intolerant.  Indeed, when the papacy did step in to prevent wholesale slaughter of Jews, it was often the clergy who were involved in the persecution.  Why should you exclude this from our analysis, Spencer?  The reality is that the actions of the clergy in general–not just the popes–had significant impact on the Jews.  When we take into consideration the fact that the intolerant papacy was the better of the two, one can begin to imagine the plight of the Jews under the even more intolerant clergy.

Moving on, you conclude:

And most importantly, no church is behaving in such ways as are described in this article today, but Islamic jihadists in Gaza and elsewhere have declared their intention to reimpose the dhimma on Jews and Christians when they are able to do so.

Spencer, did I not explicitly say in my rebuttal that I will address the first two points in a follow-up article?  My rebuttal was simply of your third point.  We can debate about the first two points after I churn out my follow up article (which I guarantee will not disappoint).  But until then, let’s focus on the third point instead of trying desperately to move the goalposts.

You made the explicit claim in your book that Jews fared better in Christendom than in the Islamic world, and your implicit argument was that it was a monumental difference between the two, in that one was freedom and dignity loving and the other discriminatory and persecuting.  The reality is that your entire claim is false.

Is it any wonder that your reply did not deal with the actual point I refuted at all?  The reason you were forced to move the goalposts is obvious: you have no leg to stand on.  The entire premise of your line of attack was this made up idea that history was characterized by an evil Islamic menace that terrorized the Jews, Christians, and other non-Muslims. My rebuttal deflated your entire cartoonish paradigm, because it rightly pointed out that the Judeo-Christian tradition that you so champion has been–to use your words and your standards–more “evil”.  When this fact becomes known, that mighty stick you use to beat Muslims over the head with–that dishonest weaponization of history–becomes as useless a blunt object as the daintiest of feathers.

All you ever do is cherry pick the absolute worst examples from Islam and compare them with the cherry picked best examples from Christianity, and then draw erroneous conclusions from this unequal comparison.  This sort of selective and shoddy scholarship typifies your entire ideological camp, and epitomizes your modus operandi.  And it is for this very reason that refuting your book will be ever so easy for me, because I will continue to expose your hypocrisy and absurd double standards.  With regard to this particular issue, if you repeatedly harp on dhimmitude, we will remind you of perpetual servitude, in order that your xenophobia be thwarted.

Perhaps it be that when your own religion and religious community is held to the same absurd standard that you set for Islam and Muslims [24] you might realize the error in your ways.  It is my sincere hope that you reflect on your behavior, and correct yourself.  Robert, I call on you to eschew xenophobia and fear-mongering, opting instead for tolerance and cautious optimism. Do you really want hate to be the sum total of your life’s work?  It is not too late to set your course aright.

Sincerely,
Danios.

Summary:

1. Robert Spencer’s hypothesis is that the Jews were historically (far) better off in the Christian world than the Islamic one. He is wrong about this. Nothing in his counter-reply to my rebuttal addresses this point, making his entire reply extraneous.

2. He claims that the Church never had a doctrine regarding these matters.  He is wrong.  The Church had the doctrine of Witness, and of Perpetual Servitude, as enunciated by the papacy repeatedly.

3. Spencer claims that such discriminatory policies were never applied universally, nor based in Church law.  He is wrong on both counts.  The discriminatory laws were applied almost universally throughout Christendom and were widespread, often originating from the Church’s direct and indirect influence.

4. He claims that the papacy consistently acted to prevent the persecution of Jews.  He is wrong.  Spencer’s own follow up comment directed to sheik yer’mami refutes his claim!  (It’s tough to stay consistent when you have no fidelity to facts.)  Second, the papacy was involved in the expulsion of Jews on numerous occasions, something which by all definitions would be considered persecution, and therefore negates the idea that the papacy was very consistent.

5.  Yes, the papacy did frequently step in to prevent the wholesale slaughter of Jews (from none other than Christians–which Spencer seems to think doesn’t count in our analysis of the Christian and Islamic realms), but it was in order to preserve the Jews as perpetual serfs.

6. Spencer claims that all four schools of Islamic jurisprudence advocate persecution of dhimmis.  He is wrong.  None of them do.  Physical violence, forced conversions, and expulsions against dhimmis were not permitted–which is what the papacy would often reign in on, so we must assume that this is what Robert Spencer is referring to, due to his usage of the words “this is in sharp contrast to…”

7. His last point about Gaza is a red herring designed to move the goalposts.  Spencer’s hypothesis–which I refuted–had nothing to do with the situation nowadays.  I simply refuted his argument that Jews were historically treated worse in the Islamic world than in Christendom.  The situation in Gaza today does not prove or disprove the hypothesis.  I have promised to debate this ancillary topic in a future article, but it has no relevance to Spencer’s hypothesis above.  Even if I concede that Muslims today want to reimpose the dhimmitude (which I do not), this would not prove Spencer’s hypothesis that Jews were historically treated better in Christendom than in the Islamic world.

Update: Click here to read my refutation of Cassidy, a frequent visitor to our site.

Footnotes

refer back to article 1. Robert Spencer, The Politically Incorrect Guide to Islam and the Crusades, 47. ISBN 0-89526-013-1

refer back to article 2. Ibid., 59

refer back to article 3. Rudolph M. Lowenstein, Christians and Jews: A Psychoanalytic Study, 97-98. ISBN 140675868X, 9781406758689

refer back to article 4. Mark R. Cohen, Under Crescent and Cross: Jews in the Middle Ages, 20-38. ISBN 069101082X, 9780691010823

refer back to article 5. Rudolph M. Lowenstein, Christians and Jews: A Psychoanalytic Study, 97-98. ISBN 140675868X, 9781406758689

refer back to article 6. Shlomo Simonsohn, The Apostolic See and the Jews, 98. ISBN 0888441096, 9780888441096

refer back to article 7. David H. Solomon, A History of My Family, 8

refer back to article 8. Salo Wittmayer Baron, A Social and Religious History of the Jews, 137-138. ISBN 0231088469, 9780231088466

refer back to article 9. Innocent III, Epistle to the Hierarchy of France, 7/15/1205, PL 215

refer back to article 10. Norman Roth, Medieval Jewish Civilization: An Encyclopedia, 131. ISBN 0415937124, 9780415937122

refer back to article 11. Nathan Zuckerman, The Wine of Violence: An Anthology on Anti-Semitism. Association Press, 1947. 138

refer back to article 12. Innocent III, Epistle to the Count of Nevers

refer back to article 13. Isaac Unterman, The Talmud: An Analytical Guide to its History and Teachings, 260

refer back to article 14. Lynn Thorndike, University Records and Life in the Middle Ages. Columbia University Press, 1949. 50

refer back to article 15. Shlomo Simonsohn, The Apostolic See and the Jews, 100

refer back to article 16. Pius V, Hebraeorum Gens

refer back to article 17. Third Lateran Ecumenical Council, Canon 26

refer back to article 18. Maurice Pinay, The Plot against the Church. St. Anthony Press, 1967. 651

refer back to article 19. Gregory IX, Epistle to the Hierarchy of Germany

refer back to article 20. Magda Teter, Jews and Heretics in Catholic Poland, 16. ISBN 0521856736, 9780521856737

refer back to article 21. Quoting Pope Innocent III, Etsi Judaeos

refer back to article 22. Nissim Rejwan, Israel’s Place in the Middle East: A Pluralistic Perspective, 47. ISBN 0813016010, 9780813016016

refer back to article 23. Shlomo Simonsohn, The Apostolic See and the Jews, 100-101

refer back to article 24. It is important here to note that I am not at all trying to bash Christianity, Catholicism, or even the papacy. I understand that times were different back then and that the papacy was not “monochromatic”. Furthermore, I certainly do not wish to weaponize history; it would be despicable to use Christian history as a stick to beat Christians over the head with. But detailing Christian history in order to counter the bigotry of some Christian Islamophobes–to bring them to their senses–is a powerful means of exposing the horrific double standards that are at play.

Update

A frequent visitor to our site, Cassidy, tried desperately to respond to my rebuttal, as follows:

Actually Jews in Ireland, Scotland and Wales were treated better than Jews in the Islamic world; Ireland only had one violent incident of anti-semitism in it’s history, the limerick pogrom which took place in the 20th century and was widely criticized outside of limerick. Scotland also provided a sanctuary for Jews fleeing England, here’s a quote from the Scottish declaration of  Arbroath:

“there is neither bias nor difference between Jew or Greek, Scot or English”

My response is as follows:

Not only is everything Cassidy said incorrect, but it is not even in the same ballpark as reality.  Cassidy wrote:

Actually Jews in Ireland, Scotland and Wales were treated better than Jews in the Islamic worlds

1. Ireland:

No record of or reference to Jewish life in Ireland exists up until the eleventh century.  The first mention we have of Jews in the region is in 1079, when five Jews migrated to Ireland, only to be turned back.  Five Jews in Ireland were considered five too many, and a ban on Jewish residency was established:

‘Five Jews’ we read ‘came from over sea with gifts to Toirdelbach, and they were sent back again over the sea’. [25]

Historians lose any reference to Irish Jews for about another century.  In 1174, Jews are afforded the right to exist in Ireland, but only as the property of the King–the familiar theme of Serfs of the Royal Chamber (refer to my rebuttal), the Christian state’s corollary to the Church’s Perpetual Servitude.  In 1290, Jews are expelled from Ireland, and do not return for hundreds of years…until about 1665.  (You’re really making this argument right, Cassidy?)

Upon their return to Ireland, Jews faced severe discrimination, and legislation proposing citizenship for Jews was roundly defeated in 1743.  Irish Jews, like their coreligionists in the rest of Christian Europe, were forbidden from entering guilds–a crushing occupational and financial burden that explains why Jews of Europe had it so much worse than their counterparts in Islamdom (refer here).

In the 1890’s and early 1900’s, antisemitism made a resurgence, resulting in a boycott of Jews and culminating in the Lemirick pogrom which you mention.  In the 1920’s and 30’s, antisemitism reached a fever pitch due to the Protocols of the Elders of Zion conspiracy.  In the 1940’s, thousands of Jews fleeing from Nazi Germany were denied refuge in Ireland.  In the 1960’s, a Jewish synagogue–one of only four in Ireland–was burned down to the ground…It burned to the ground just like Cassidy’s argument that Irish Jews fared better than the Jews of Islam.

We read:

The earliest evidence of Jewish settlement in Ireland is a grant made in 1232 to a certain Peter de Rivall, giving him “custody of the King’s Jews in Ireland.”  In 1290, Irish Jews, like their English brethren, were expelled from Ireland and did not return until around 1655. [26]

And:

Although officially refused residency in 1079, a number of Jews immigrated to Ireland after the Anglo-Norman invasion…The Irish Jews were expelled along with the English Jews in 1290, and with the exception of a few Spanish conversos [Jewish converts to Christianity], there were no Jews in Ireland until the Cromwellian Settlement [during the mid-seventeenth century]…Jews, along with Catholics, were excluded from the guilds in the eighteenth century: Legislation offering Jews citizenship was defeated in 1743…

In the 1890s, there were anti-Jewish demonstrations in Dublin and Cork and a major anti-Jewish boycott and attack in Limerick in 1904.  This mirrored an increase in anti-Semitism…Throughout the 1920s and 1930s…[there was] virulent anti-Semitism premised on the Protocols…During the Holocaust, thousands of entry requests were denied on economic and anti-Semitic grounds.  After the war, a few Jews were admitted. In the 1960s, a Dublin synagogue was set on fire.  To describe modern alienation and exile, James Joyce made the protagonist of his masterpiece Ulysses (1922) a Jew. [27]

And:

Jews are first mentioned as resident in Ireland in eleventh-century documents; Henry II acknowledged their presence (and legitimated it) by assigning custody of the King’s Judaism in Ireland to one of his lords in 1174.  From the time of the Norman Conquest the King’s Judaism meant that the Jews were literally the king’s chattel…Jews were expelled from Ireland, as from England, in 1290 and were resettled in both countries under Cromwell in the mid-seventeenth century. [28]

2. Wales:

Perhaps one of the reasons Cassidy mentions Wales is because there were no Jewish communities in the region up until the eighteenth century, a fact which of course reveals her ignorance on the subject.  Yes, the Jews were treated wonderfully because they did not exist!  (Actually Jews were denied residence.)  Nonetheless, there may have been a few Jews here and there, who were then expelled in 1290:

Jews were expelled from Wales in 1290 with the rest of the Jews in Britain, but in the eighteenth century they began to return. Prior to the Expulsion, there were individual Jews living in places like Caerleon and Chepstow, but Wales was not a hospitable place for Jews, and regions of the country were legally permitted to deny Jews residence. [29]

Subsequently, there is no historical record of any Jewish existence in Wales up until 1665.  The first Jewish community in Wales came into existence as late as the eighteenth century!

3. Scotland

Similarly, “the first reference to a Jewish settler in Scotland is on 1st September, 1665.” [30] The Jewish immigrants faced anti-Jewry laws, as Scotland was under the jurisdiction of the British.  Admittedly, the Scottish Jews faced far less discrimination than their counterparts in the rest of Europe.  For example, they were not barred from universities as in other Christian nations: in 1787, the first Jewish graduate from Glasgow University matriculated, and the first Scottish Jew entered the field of medicine.  [31] (Jews in the Islamic world had always been able to attend university, and had long since excelled in the field of medicine.)

Scottish historian David Daiches argued that Scotland was the only European country in which there was no state persecution of the Jews. [32] At first, this statement would seem to support Cassidy’s stance–yet in reality it is a damning statement of Christendom’s treatment of Jews.  In other words, there was only one small sliver of land–no more than 32,000 square miles–in which Jews were not persecuted by the Christian state…And that too only after the 1700’s when Jewish communities emerged in the area.  To further illustrate the complete absurdity of such a comparison, it is interesting to note that–according to a 2001 census–there are only 6,400 Jews in Scotland…as if the treatment of a handful of Jews can offset the way the great majority of them were treated in Christendom!

Cassidy’s approach typifies the Islamophobic mindset, as I already discussed in my reply to Robert Spencer above:

All you ever do is cherry pick the absolute worst examples from Islam and compare them with the cherry picked best examples from Christianity, and then draw erroneous conclusions from this unequal comparison.  This sort of selective and shoddy scholarship typifies your entire ideological camp, and epitomizes your modus operandi.

Robert Spencer’s argument was that the Jews of Europe were treated better than the Jews of the Islamic world.  Clearly then, we should compare the overall treatment of Jews in all of Christendom, with that of the general treatment of Jews in all of Islamdom.  Instead, Cassidy is trying to foist upon us this unfair comparison, taking the absolute best of Christian Europe and comparing it with that of the absolute worst–or even the average–situation in the realm of Islam.

Even if I were to concede that Irish Jews were treated better than their counterparts in the Islamic world (which I do not!), this would not at all prove Spencer’s claim that the Jews were treated better in Christendom than in the Islamic East, because an exception to the rule (which Scotland clearly was!) can hardly be used in a just comparison.  If Cassidy wants to use the absolute best case scenario under Christendom, then she ought to compare it to the best case scenario in the realm of Islam.  Certainly there were times during Islamic history in which the dhimmis flourished, with little discrimination.

Instead, it is as if the Islamophobes seek to compare the Almohad tyranny with that of the best situation in the realm of Christianity!  This is of course quite typical of their entire approach.  Furthermore, even if I concede that the Jews of Scotland were treated better than the Jews of Islam (which I do not!), then I could argue back that the Jews of Islam were treated better than all of the rest of Europe other than a few thousand Jews on a small sliver of land in a remote corner of the continent!  If perpetual servitude was the miserable lot of Jews throughout all of Europe but a tiny area, what then would be the efficacy of the anti-Muslim battle cry of “dhimmitude”?

In any case, Cassidy would have to prove that the Jews of Scotland were treated better than the Jews of Islam by providing a citation from a reliable academic/historian/expert, as I have done.  I will not simply take her word for it, considering how unbelievably off the mark she was about Ireland and Wales!

Cassidy wrote:

Scotland also provided a sanctuary for Jews fleeing England, here’s a quote from the Scottish declaration of  Arbroath:

“there is neither bias nor difference between Jew or Greek, Scot or English”

This is a deceptive argument, which relies on the reader’s ignorance of said document.  Historians consider the Document of Arboath to have been “royal propaganda.”  It was simply a letter written to the pope to convince him of Scottish independence.  As such, it cannot be used as a reliable indication of what the actual situation was in Scotland:

The unanimity implied by the Declaration of Arbroath was much more apparent than real…The Declaration was primarily a piece of propaganda, directed at an audience both within and outside Scotland. [33]

And:

Such language is dramatic and inspiring but should be read in its context…The letter of the barons was, like these documents, a piece of royal propaganda, presenting a case to the curia. [34]

In any case, I am not denying that the Jews of Scotland fared relatively well as compared to their coreligionists in the rest of Europe.  I have already addressed this point above.

To conclude: Cassidy attempted (futilely)  to find a way to overcome my rebuttal, but was unable to.  Her claims–that Jews were treated better in Ireland and Wales as compared to the Islamic world–are comically incorrect.  As for Scotland, she has no proof to verify her claim; furthermore, the condition of a few thousand Jews in Scotland–who only lived there since the eighteenth century–is hardly relevant to a discussion of the historical treatment of Jews in the Middle Ages. As for the treatment of minorities in the modern day, that is an issue I have promised to tackle in a follow-up article.

SECOND UPDATE: First things first, Cassidy is a male, so I apologize for mixing that up in my response above. Secondly, he has conceded the debate, saying: “I admit I was wrong about Ireland, Scotland and Wales.” Well, thank you for your honesty and courage to admit fault.  Cheers.

Footnotes

refer back to article 25. Aubrey Gwynn, The Irish Church in the Eleventh and Twelfth Centuries. 383. ISBN 1851820957, 9781851820955

refer back to article 26. Mordecai Schreiber, The Shengold Jewish Encyclopedia, 126. ISBN 0520253973, 9780520253971

refer back to article 27. Lelia Ruckenstein, Everything Irish: The History, Literature, Art, Music, People, and Places of Ireland, From A-Z, 211. ISBN 034544129X, 9780345441294

refer back to article 28. Don Gifford, Ulyesses Annotated: Notes from James Joyce’s Ulysses, 40. ISBN 0520253973, 9780520253971

refer back to article 29. Toni Kamins, The Complete Jewish Guide to Britain and Ireland, 107-108. ISBN 0312244487, 9780312244484

refer back to article 30. The Jewish Quarterly, V. 3-5. Jewish Literary Trust, 1972. 30

refer back to article 31. Jewish Virtual Library, http://www.jewishvirtuallibrary.org/jsource/vjw/Scotland.html

refer back to article 32. David Daiches, Two worlds: An Edinburgh Jewish Childhood. Canongate, 1987. ISBN 0862411483, 9780862411480

refer back to article 33. Andrew D.M. Barrell, Medieval Scotland, 122. ISBN 052158602X, 9780521586023

refer back to article 34. Michael Brown, The Wars of Scotland, 218. ISBN 0748612386, 9780748612383

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West Bank Rabbi: Jews can Kill Gentiles, What if he were an Imam?

Posted on 09 November 2009 by Emperor

Rabbi Yaakov Yosef recommends the book

Rabbi Yaakov Yosef recommends the book

An Orthodox Jewish Rabbi in the West Bank has written that it is permissible for Jews to kill Gentiles including children and babies who threaten Israel or break the commandments. This is a strange pronouncement not in line with what the majority of Jews believe but we must ask what if the Rabbi was an Imam, what would the reaction be?

West Bank Rabbi: Jews can Kill Gentiles

Just weeks after the arrest of alleged Jewish terrorist, Yaakov Teitel, a West Bank rabbi on Monday released a book giving Jews permission to kill Gentiles who threaten Israel.

Rabbi Yitzhak Shapiro, who heads the Od Yosef Chai Yeshiva in the Yitzhar settlement, wrote in his book “The King’s Torah” that even babies and children can be killed if they pose a threat to the nation.

Shapiro based the majority of his teachings on passages quoted from the Bible, to which he adds his opinions and beliefs.

“It is permissable to kill the Righteous among Nations even if they are not responsible for the threatening situation,” he wrote, adding: “If we kill a Gentile who has sinned or has violated one of the seven commandments - because we care about the commandments - there is nothing wrong with the murder.”

Several prominent rabbis, including Rabbi Yithak Ginzburg and Rabbi Yaakov Yosef, have recommended the book to their students and followers.

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Daniel Pipes Brings Weak Sauce: Sharia, Halakha, and Double Standards; Part 2

Posted on 14 October 2009 by Danios

Daniel Pipes's favorite ingredient: weak sauce

Daniel Pipes's favorite ingredient: weak sauce

In Part 1 of this article, we discussed Daniel Pipes’s claim that Jews don’t want to force their religious views on others, unlike Muslims who supposedly do.  In Part 2, we’ll question Daniel Pipes’ claim that Islam is inherently misogynistic.

David Green, a right-winger belonging to Civitas, declared on BBC Radio that Islamic law is totally unlike Jewish law in that it oppresses women.  Daniel Pipes uses similar reasoning, arguing that Sharia should be banned because it is–unlike Jewish Halakha–”inescapably misogynistic”:

…Ignorant, isolated [Muslim] females would submit to the inescapably misogynistic Sharia, a law code that [1] permits parents to marry off pre-pubescent girls, [2] men to marry multiple women, [3] husbands alone to divorce, [4] fathers automatically to win custody of children over certain ages, and [5] sons to inherit more than daughters.

Let’s take these one at a time, shall we?  We’ll play both defense and offense:

[1] Marriage of pre-pubescent girls

Defense:  Technically, the Sharia allows Muslim parents to draft a marriage contract on behalf of their pre-pubescent daughters, but the marriage remains suspended (mawquf) until the girl reaches maturity, whereupon she is given the right of khiyar al-bulugh, i.e. the right to annul the marriage. (For a detailed discussion of this topic, please read this here starting from page 68.)

Offense: Daniel Pipes has argued that Islamic law is unacceptable since it supposedly allows marriage of pre-pubescent girls, yet on the other hand he wholeheartedly thinks that Halakha should be allowed in the West.  Yet, Jewish law itself allows marriage of pre-pubertal girls!  According to Rabbi Naftali Silberberg of AskMoses.com, the Halakha allows Jewish girls to marry at the age of three:

What is the minimum age of marriage according to Jewish law?
by Rabbi Naftali Silberberg

…In ancient (and not so ancient) times however, marriage was often-times celebrated at a rather young age. Although we do not follow this dictum, technically speaking, a girl may be betrothed the moment she is born, and married at the age of three. [Shulchan Aruch, Even HaEzer 37:1.]

The editor of the site clarifies: “There is the technical rule, and then there is the proper, practical, and wise thing to do. The Talmud, too, agrees that technically according to Torah law a girl can be married at a very young age, but the rabbis imposed a prohibition on such an unwise practice.”  In other words, the law itself allows it, but the rabbis generally discourage or even disallow it due to practical considerations.

Some more defense:  Just as rabbis have prohibited under-aged marriage even though technically the Halakha allows it, similarly many Muslim leaders have fought to raise the minimum age of marriage to eighteen years old, and they do not think this is a violation of Sharia to do so; rather, they argue that in this time and age it is in fact in accordance with the objectives (maqasid) of the Sharia to do so.  They also argue that conforming to international agreements is binding from a religious angle.

Red herring: Jewish law (Halakha) allows marriage of pre-pubertal girls, yet Daniel Pipes still supports allowing Halakha in the West.  Of course, the entire matter is a red herring, since the religious arbitration courts of Canada were only permitted to act within Canadian law.  This is a concept that many average readers did not quite grasp!  In other words, if the religious law clashed with Canadian law, then the Canadian law would rule supreme; marriage of under-aged girls would never be tolerated in Canada, Sharia courts or no Sharia courts! So it is odd that Daniel Pipes would even mention this, but I guess it is a similar tactic that neoconservatives rely on to fear monger, such as the imaginary “death panels” that Sarah Palin invented.

[2] Polygamy

Defense: Opinions towards polygamy differ widely amongst Muslims of various persuasions.  Reform-minded Muslims are inclined to consider polygamy as the exception, not the rule.  According to the Sharia, a woman can forbid the husband from marrying a second wife by making such a clause in the prenuptial agreement (nikah contract). In any case, Muslims do not believe it is permissible to break the law of the land in this matter.

Offense: I’ll let Rabbi Naftali Silberberg do the talking:

Does Jewish law forbid polygamy?
by: Rabbi Naftali Silberberg

The Torah does not forbid a man from having multiple wives. Abraham, Jacob, David and Solomon are notable examples of biblical figures who wedded more than one wife.

Approximately 1000 years ago, the noted German scholar, Rabbi Gershom “the Light of the Diaspora,” banned polygamy.  This ban was accepted as law by all Ashkenazi Jews but was not recognized by Sephardic and Yemenite communities.

Practically speaking, polygamy is almost non-existent today even amongst Sephardic Jews, due to the fact that the overwhelming majority of them live in societies where polygamy is not legally and/or socially acceptable…

So technically the Halakha does not forbid polygamy, and to this day Sephardic Jews hold it to be permissible.  And even the ban accepted by Ashkenazi Jews has a “loophole” in it, as Rabbi Silberberg adds in the footnote: “There is a loophole in this ban, allowing a man to marry a second wife under certain extenuating circumstances.”

Red herring: Once again, even if Sharia arbitration courts were allowed, polygamy would still be outlawed in Canada, so this is another red herring brought forth by Pipes.

[3] Husbands alone have the right to divorce

Defense: Islam allows khula (female initiated divorce).  If a Muslim wife does not like her husband–and thinks it unbearable to live with him–then she is granted a divorce, even against the husband’s wishes.  (For a detailed discussion, read this here, starting on page 69.)

Offense: Jewfaq.org says:

Under Jewish law, a man can divorce a woman for any reason or no reason. The Talmud specifically says that a man can divorce a woman because she spoiled his dinner or simply because he finds another woman more attractive, and the woman’s consent to the divorce is not required.

Inequality of the Sexes

The position of husband and wife with regard to divorce is not an equal one. According to the Talmud, only the husband can initiate a divorce, and the wife cannot prevent him from divorcing her. Later rabbinical authorities took steps to ease the harshness of these rules by…compel[ing] a husband to divorce his wife under certain circumstances: when he is physically repulsive because of some medical condition or other characteristic, when he violates or neglects his marital obligations (food, clothing and sexual intercourse), or, according to some views, when there is sexual incompatibility.

A peculiar problem arises, however, if a man disappears or deserts his wife or is presumed dead but there is insufficient proof of death. Under Jewish law, divorce can only be initiated by the man; thus, if the husband cannot be found, he cannot be compelled to divorce the wife and she cannot marry another man. A woman in this situation is referred to as agunah (literally, anchored).

In other words, in most situations, a Jewish woman–according to the Halakha–cannot obtain a divorce (get) from her husband unless he agrees to it, making it difficult to get out of emotionally abusive relationships.  As Susan Weiss, an Israeli defense lawyer, says: “Rabbinical courts almost never compel a husband to give a get [i.e. divorce].”

The Jewish Chronicle writes:

Under Jewish law, if a man refuses his wife a get, a religious bill of divorce, she is considered an agunah, a chained woman denied the right to remarriage.

Furthermore, husbands can extort their wives, only giving divorces for huge sums of money:

Most of the time, the cost of [a woman's] freedom is just money. Payment is usually in installments…The Israeli Supreme Court has sanctioned such waivers, viewing the get as an adequate quid pro quo.

[4] Fathers win custody over children

Defense:  In fact, the Sharia seems slanted towards mothers in this regard.  Generally speaking, the children are to be awarded to the parent who is fitter for parental duties.   If, however, both are equally fit, then the mother is favored over the father up until the age of about eight years of age.  Past the age of eight, the child has a right to choose which parent to live with. For a detailed discussion, please read this fatwa from an ultraconservative Islamic website, which states:

Women have more right to custody of children than men; in principle custody belongs to them, because they are more compassionate and more kind, and they know better how to raise small children, and they are more patient in dealing with the difficulties involved.

Offense:  In the Jewish Halakha, as enforced by Israel, the father can ensure that he gets sole custody of the children.  This article here–written by the Israeli defense lawyer I cited above–explains why.  As I discussed in the previous point, a Jewish woman can only get a divorce if her husband agrees to it; many husbands refuse to give a divorce unless she forfeits her right to custody, forcing her to choose between her freedom and her children.  Weiss laments:

How much is your freedom worth? Would you give up custody of your child to free yourself from an oppressive marriage?  …These problems torment my clients daily. I am a divorce lawyer in the State of Israel. I also happen to be an Orthodox Jew. Every time I represent someone petitioning for divorce, my client must inevitably pay for his or her freedom…A few of my clients have bought their freedom at the cost of their children. I once represented a woman whose husband refused to give her a get–a Jewish divorce–unless she gave up custody of her son. After two years of litigation, she relinquished custody in return for her get [divorce].

[5] Sons inherit more than daughters

Defense: According to Sharia, a son receives twice the inheritance of a daughter.  Muslim apologists point out a few things: First, it should be understood that prior to Islam, the pre-Islamic culture of the region dictated that women receive no inheritance whatsoever.  When the Islamic prophet Muhammad legislated that the daughters would from now on receive an inheritance–half though it may be–the “pagans” and converts to Islam decried this progressive law, arguing that women did not fight in battle and therefore should receive no inheritance.  (At that time, inheritance was linked to bravery on the battlefield.)  Muslim apologists argue that one must view the Sharia in the context that it was revealed in; it didn’t reduce female inheritance, but rather reduced male inheritance in order to give women a share.  For that particular time, the Sharia was considered progressive.

They also argue that a Muslim man has a much greater financial responsibility than the female.  A man must–according to the Sharia–financially support his wife, children, parents, and widowed sisters; meanwhile, there is no such obligation on a woman, who does not even have to provide for herself.   Furthermore, a man’s wealth is–again, according to the Sharia–shared by the wife, whereas a female’s wealth is all her own and the husband cannot touch it.

Offense: In any case, one might not be satisfied with the defense that Muslim apologists come up with, but it’s really besides the point, since Daniel Pipes was comparing Islamic Sharia to Jewish Halakha.  According to the Halakha, a daughter does not inherit at all; we read:

INHERITANCE

The Torah laws of succession state that when a man dies and leaves sons as well as daughters, the sons inherit his state, whereas the daughters receive nothing.

The Torah of course is a part of the Bible, and the above is referring to Numbers 27:1-11, in which God speaks to Moses and informs him that women will inherit only when a father leaves behind no sons.  This fact–that the Bible gives no inheritance to daughters if there are sons–is of course lost on the Islamophobes when they call the Quran “misogynistic” for giving only half the inheritance to daughters; and here, we are talking about those Islamophobes who have a deep respect and admiration for the Judeo-Christian tradition.

Daniel Pipes Brings Weak Sauce

Daniel Pipes

Daniel Pipes

Daniel Pipes brought up five points of criticism, yet each of these five points applies to the Halakha equally if not more so. How is it then that Pipes is so adamantly opposed to Sharia based on its supposedly “inescapably misogynistic” nature, but at the same time supports Halakhic courts?  This double-standard exposes his profound bias and bigotry.  It is this attitude–of selective “scholarship” and horrific double-standards–which actually typifies the approach of the Islamophobes in general, including Daniel Pipes, Robert Spencer, Pam Geller, Bat Ye’or, and the rest of the goof troop.  For example, in an interview with Cenk Uygur of The Young Turks, Pam Geller goes off on a tirade about how oppressive and warlike Muslims have been throughout history, yet when Cenk counters this by saying that Christian history has also been oppressive and warlike, Pam completely denies this fact.  It is this sort of selective analysis which buttresses the Islamophobic ideology.

Daniel Pipes argues that the Jewish courts should be allowed to operate because–according to him–the system worked, and so why are these Mooslims now messing things up?  Pipes wrote:

The system quietly worked. “If there have been any problems flowing from any rabbinical court decisions, I’m not aware of them.”

Yet, that’s not true at all; and again, it’s a case of selective analysis. A rabbinical court in London divorced a woman from her husband against her will on the grounds that she “dressed provocatively, worse than a common harlot.”  In another decision, a London-based rabbinical court banned a child from a school on the basis that he was a non-Jew, rejecting his conversion to Judaism as unauthentic. A third example is of a man named Nick Lowenstein who kept his wife “chained” (agunah) for over fifteen years, refusing to give her a divorce that she desperately desired; the London-based rabbinical court refused to force the husband to give a get (Jewish divorce).

UPDATE: A reader sent this tip to us: a New York Times article about how rabbinical courts in the United States have been denying justice to children who have been sexually molested; according to a strict interpretation of the Halakha, ultra-Orthodox rabbis forbid victims from going to secular authorities to report crimes of sexual molestation.  Meanwhile, the rabbinical courts seek to bury cases that involve Jewish men accused of sexually abusing children.  The New York Times reports:

For decades, prosecutors in Brooklyn routinely pursued child molesters from every major ethnic and religious segment of the borough’s diverse population. Except one…the ultra-Orthodox Jewish community…Some years, there were one or two arrests, or none.

But in the past year, there have been 26. District Attorney Charles J. Hynes has brought charges against a variety of men — yeshiva teachers, rabbis, camp counselors, merchants and relatives of children. Eight have been convicted; 18 await trial.

Now, a growing number of haredi Jews in Brooklyn say they do not think they can get justice from the rabbinical courts, which in several high-profile cases have exonerated people who were later criminally convicted of child abuse.

If the sudden spike in prosecutions is startling, even more surprising is the apparent reason: ultra-Orthodox Jews, long forbidden to inform on one another without permission from the rabbis who lead them, are going to the police and prosecutors on their own.

Members of this close-knit community, who refer to themselves as the “haredim,” meaning those who fear God, reject modern secular culture and keep strict control over what they consider internal affairs. For centuries, disputes involving children, marriage and business have been decided by rabbinical courts called beth dins, which do not report their findings to the secular authorities, even when they judge someone guilty. Taboos codified long ago during times of persecution discourage community members from informing on other Jews; violations can result in ostracism.

Now, a growing number of haredi Jews in Brooklyn say they do not think they can get justice from the rabbinical courts, which in several high-profile cases have exonerated people who were later criminally convicted of child abuse. And although some advocates for victims contend that the district attorney has been too accommodating of the rabbinical hierarchy — a charge that Mr. Hynes denies — more families are turning to his office for help…

Jews molested as children in communities nationwide, said the clandestine handling of molestation cases had kept leaders from dealing with the problem and made it easier for predators…

Advocates for victims say similar views have informed some of the Brooklyn rabbinical leadership’s worst judgments, allowing prominent rabbis who were repeatedly accused of abuse to keep their jobs and reputations.

In 2000, Rabbi Baruch Lanner, a charismatic youth leader and yeshiva principal who was the focus of students’ abuse claims for more than 20 years — and was exonerated by a beth din — became the subject of an exposé in The Jewish Week, which found more than 60 accusers. The article led to a criminal investigation and a seven-year prison term for Rabbi Lanner.

Another rabbi, Yehuda Kolko, a grade school teacher at a Flatbush yeshiva, was accused of sexually abusive behavior by parents and former students numerous times over 30 years. The complaints were dismissed by rabbinical authorities, however, until New York magazine wrote about them in 2006.

Nowhere am I arguing that Sharia courts would not have similar mishaps.  What I am questioning is Daniel Pipes’ claim–echoed by so many Islamophobes–that it is Sharia courts in specific that would be problematic, whereas Halakha courts–as he puts it–”quietly worked.”  (They definitely worked quietly, just not sure if they quietly worked.)

It is this selective analysis–in which missteps by the Muslim community are put under the microscope whereas those of other communities are ignored–that bothers me.  Can you imagine what great pandemonium would have ensued had such a child molestation scandal been going on within the Sharia court system?  The Islamophobes would have had a field day; we couldn’t get them to stop talking about it.  But suddenly they are as quiet as mice when it comes to these problems under the already existing Halakha court system.

Broader Conclusions

In the end, the anti-Sharia circus succeeded and the government of Ontario banned Sharia courts.  However, in order to be fair, the Ontario government banned all religious arbitration courts, including the Halakhic-based ones.  The government then announced that every citizen would follow the same law.

I have mixed feelings about the government’s decision.  My view is that either you allow religious courts for every faith, or you disallow it for all.  The government took the latter course, so what’s my problem?  Well, the problem for me is that the other religions operated their own courts for many long years, and nobody said anything.  It was only until some Muslims asked for the same privilege that suddenly the ban was put into effect.

Naturally, it seems that the ban was put into place due to the climate of Islamophobia.  It is similar to the ban on hijab in France, legislation which was passed specifically to target Muslims, but which was then applied to Jews and Christians to some extent in order to give the illusion of fair play.  Had religious courts been banned from the beginning, I would have had no problem.  But the fact is that they were only banned when some Muslims asked for the same rights as people of other faiths.

I myself have reservations about religious courts operating in the West, be they of any religion.  Having said that, I actually agree with Daniel Pipes when he says that the 1991 Arbitration Act (which allowed these religious courts) was “an enlightened, multicultural piece of legislation.”  My only issue is that it really depends on who is running these religious courts: is it reform-minded Jews and Muslims who want to update their religious laws to deal with the modern reality, or are they ultraconservative traditionalists who live frozen in the past?

But my real issue with this whole fiasco was not at all whether or not religious courts should be allowed or not.  I can see good arguments on both sides of this issue.  My real problem is with the rhetoric and discourse that abounded at the time, the level of unchecked Islamophobia.  There was a wholesale attack on Islam, singling it out as this heathen faith that must be fought tooth and nail.  The reality, however, is that Islam is just like any other religion when it comes to these matters.

Disclaimer

This article may have come across as harsh upon Jews, Judaism, and Halakha which of course was not my intention.  I almost regret Daniel Pipes choosing Jews and Halakha as a counter-example to Muslims, Islam, and Sharia.  I am not at all pitting Muslims against Jews.  I don’t view the world in that way.  I view the world as split between extremists and moderates.  I see the extremists of all the different religions (Jewish, Christian, Muslim, Hindu, etc.) as essentially being part of the same team, even though they hate each other.  They are part of the same team because they have the same myopic mentality and binary view of the world.

Meanwhile, there is the rest–the great majority–who are the moderates of all the various faiths (or no faith at all), who just want to live and let live.  Daniel Pipes created the comparison between Sharia and Halakha and I thought it necessary to shatter his argument that Muslims wish to enforce their views on others but not Jews.  The reality is that there are zealots and nutters in all religions.

There are clearly Jewish reformers, who are working to make Halakha compatible with the modern day reality.  Rabbis have come up with innovative ways of staying true to their religion but at the same time of removing injustice.  For example, moderate rabbis have argued that couples should sign prenuptial agreements that would make it difficult for a husband to retain his wife against her will.  In this article I only highlighted the problems that have arisen due to Halakha, but have not elaborated on the solutions that many practicing Jews have offered.  Therefore, please do not use my article as something to bash Jews, Judaism, or Halakha with.

My purpose here was simply to illustrate that the problems (which were red herrings in the first place) that people have with Islam can be found in other religions, such as Judaism.  Therefore, the singling out of Islam is uncalled for and inappropriate.  The climate of Islamophobia has created a huge double-standard, where Islam is called to task for what other religions are not.  More specifically, this article is directed to Daniel Pipes, exposing his hypocritical attitude: his worldview is not based on logic or facts, but a palpable hatred for Islam and Muslims which has blinded him.

Many of the critics of Sharia courts in the West are Islamophobes who expend 99% of their energy attacking Islam and Muslims, using “I also oppose other religions” only as a cheap disclaimer when questioned about their deep-seated hatred of Islam.  Where was all their outrage for the last fifteen years when Halakhic courts were operating in the West?  Were they questioning the right of Jews to live in Europe and North America as some are questioning the right of Muslims to live here?  Were these critics pontificating about the improbability or impossibility of Jews integrating into society? Truly, the new adage is: one standard for Muslims and another one for the rest of humanity.

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Daniel Pipes Brings Weak Sauce: Sharia, Halakha, and Double Standards; Part 1

Posted on 05 October 2009 by Danios

Daniel Pipes's favorite ingredient: weak sauce

Daniel Pipes's favorite ingredient: weak sauce

In 2003, Islamophobes issued a code red, claiming that the Canadian government would soon “enforce Sharia” in Ontario.  Immediately, some people began assuming that somehow democratic law was about to be overthrown and a draconian Taliban-style corporal system enacted.  Islamophobes played up these fears, and applied pressure on the government of Ontario to outlaw Sharia.

The issue of course is that most people do not exactly understand what Sharia is, and conflate it with the term Hadud (Islamic corporal punishments).  What the Ontario government was planning on doing was to allow Muslim arbitration courts, which would have absolutely nothing to do with Hadud.  (For the record, moderate Muslims do not believe in the Taliban understanding of Hadud, contrary to what the Islamophobes insist.  They have their own moderate and reformist understanding of Hadud consistent with the contemporary age.  But, alas, this is not the topic of our discussion today, as Ontario never planned on enacting the Hadud anyways!)

Let us be clear then: Ontario was never going to allow any understanding of Hadud–”enlightened” or otherwise; rather, when people said that Sharia was going to be allowed in Ontario, the meaning of this was simply that Muslims could–if they so choose–settle their family, religious, and other civil disputes according to their religious beliefs.  (And this only if both parties agreed to do so!)  But the Islamophobes used the buzz word “Sharia”–which people mistakenly conflate with Hadud (a misconception popularized unfortunately by the Taliban)–to create controversy and fear.

For the record, we must make it clear that LoonWatch is not a religious site.  We’re a non-partisan group for and by people of all different faiths (or no faith at all); our shared goal is simply to combat hatred and bigotry and to remain consistent to humanity’s shared universal values.  So we are not going to concern ourselves with theological or religious debates as to which religious law is right and which is wrong, or even if religious courts should be allowed or not.

But we will concern ourselves with discrimination, which is exactly what went on here.  All religions should be treated equally in Canada; either all of them should be allowed to have their own arbitration courts or none of them. To allow some religious groups this privilege and deny it to others is inherently unfair and discriminatory.

You see, what most people overlooked was the fact that “for years, Jews, Catholics, Jehovah’s Witnesses, Mennonites, and aboriginals, among others, made use of [their own] arbitration [courts] to settle family law questions without using Ontario’s court system.”

Like Muslims have Sharia (Islamic law), Jews have “Halakha” (Jewish law).  The two are amazingly similar, since after all, the Sharia is based in the Jewish law (as both are Abrahamic faiths that share a common origin).  Since the 1990’s, Jews have been allowed their own Halakhic courts, and nobody had any qualms over this.

Suddenly though, when Muslims sought to have their own Sharia arbitration courts, the Islamophobes cried foul.  So why the double standard?  Muslims–and other sensible people–asked the question: if Jews could have their own arbitration courts according to Halakha, then why not Muslims?  Why was Halakha considered Kosher and Sharia considered Haram?

Enter the Islamophobes

Daniel Pipesa modern day McCarthyist–led the charge against Sharia courts. Let me clarify: I’m not responding to Daniel Pipes to defend the idea of Sharia courts.  As I explain at the end of Part 2 of this article, I have mixed feelings about religious courts in general.  My issue here is with the reasons Daniel Pipes gives as to why he is opposed to Sharia courts, and his double-standards and hypocrisy.

You see, Daniel Pipes is not opposed to religious courts; he’s only opposed to Islamic courts.  His article expresses dismay that Jewish Halakhic courts will no longer operate in the same capacity as they did before.  In other words, if it were up to him, he would allow Halakha in the West, but not Sharia.  Pipes wrote in an article entitled “Why Shariah Must Be Opposed”:

Those of us who argue against Shariah are sometimes asked why Islamic law poses a problem when modern Western societies long ago accommodated Halakha, or Jewish law. In fact, this was one of the main talking points of those who argued that Shariah should become an accepted part of dispute resolution in Ontario in 2005.

The answer is easy: a fundamental difference separates the two. Islam is a missionizing religion, Judaism is not. Islamists aspire to apply Islamic law to everyone, while observant Jews seek only to live by Jewish law themselves.

Two very recent examples from the United Kingdom demonstrate the innate imperialism of Islamic law.

Pipes then gives two examples of how Muslims seek to “impose Sharia” on others: (1) the first is of a man named Zulfikar Ali Khan who started serving Halal food to his Non-Muslim residents in an old age home; (2) the second example is of policewomen wearing headscarves to enter mosques, an initiative which two police forces in Southwest England have adopted.

Well, there you have it!  That is Daniel Pipes’ entire argument: two random examples which he thinks somehow proves that Muslims want to enforce their religious beliefs upon non-Muslims, whilst Jews want to simply apply their own laws to themselves.

Jewish Examples

The first example Pipes gives is of a man who served Halal only food in a building he owned.  What about the multiple Subway outlets across the country (located in such places as New York, Miami, and Indianapolis) which turned Kosher only?  Not only is the meat kosher, but the restaurants refuse to serve ham, bacon, cheese, and crab (all of which are forbidden according to Jewish law); additionally, the store remains closed on the Sabbath:

Ham and bacon were removed from the menu, the “cheese” is made of soy, and the Seafood Sensation sandwich is filled with imitation crab. Two microwaves and toaster ovens ensure that fish and meat are kept separate, a consideration for more observant Jews. There is a full-time mashgiach, or kosher supervisor, and the restaurant is closed on Shabbat.

Islamophobes might lose their minds if their local Subways started closing down on Fridays (the Islamic holy day).  It would be another sign of “creeping Sharia” and of “stealth Jihad,” or even of impending “dhimmitude.”

(The truth is that if you own a business, you can serve Halal, Kosher, or whatever you want.  If customers don’t want that, they stop coming and you run out of business.  Ahh, the beauties of capitalism.)

To give an even clearer example, we have the ultra-Orthodox Jews of Israel who force the majority secular population (along with non-Jews) to observe strict Kosher laws; we read:

Public transport comes to a halt on the Sabbath even though the majority of Israelis believe it should continue to operate. Shops are forced to close and all restaurants and stores are forced to keep kosher rules, with the sale of pork strictly forbidden.

So why on earth would Daniel Pipes focus on one single Muslim man who served Halal food, and ignore the fact that the ultra-Orthodox Jews in Israel force the entire population (including non-Jews) to observe kosher rules (with the sale of pork strictly forbidden)?

In fact, Daniel Pipes had said in his article “Why Shariah Must Be Opposed:”

Returning to pork: both Islam and Judaism abominate the flesh of pigs, so this prohibition offers a direct and revealing comparison of the two religions. Simply put, Jews accept that non-Jews eat pork but Muslims take offense and try to impede pork consumption.

I’m afraid, Dr. Pipes, that your point was just shot to pieces.  The non-Jewish and secular residents of Israel would beg to differ!

The second example that Daniel Pipes gave–as to why Halakha but no Sharia–was of police officers wearing headscarves in mosques.  Yet, Jewfaq.org tells us that non-Jews are expected to wear skullcaps and head coverings when they enter synagogues:

Non-Jews Visiting a Synagogue

Non-Jews are always welcome to attend services in a synagogue, so long as they behave as proper guests. Proselytizing and “witnessing” to the congregation are not proper guest behavior…

A man should wear a yarmulke (skullcap) if Jewish men in the congregation do so; yarmulkes are available at the entrance for those who do not have one. In some synagogues, married women should also wear a head covering. A piece of lace sometimes called a “chapel hat” is generally provided for this purpose in synagogues where this is required.

Non-Jews should not, however, wear a tallit (prayer shawl) or tefillin, because these items are signs of our obligation to observe Jewish law.

If you are in an Orthodox synagogue, be careful to sit in the right section: men and women are seated separately in an Orthodox synagogue.

Just as the police officers were provided headscarves to wear when they enter mosques, Jews expect non-Jews to wear skullcaps and head coverings (chapel hats) when they enter, and extra skullcaps and head coverings are placed at the entrance for this purpose.  Oh, the horror!

Some More Examples

Just to go over the top, I’ll provide some more examples so that Daniel Pipes and company have no way out.  Where to begin?  OK, this story reported in the Washington Post seems a good place to start:

Hundreds of ultra-Orthodox Jews clashed with riot police in central Jerusalem on Saturday night in the latest protest against the city’s decision to open a municipal parking lot on the Jewish Sabbath.

Dressed in traditional cloaks and fur hats, demonstrators forced the closure of several major streets, and some hurled rocks at motorists along a Jerusalem highway…The decision to open the lot was seen as an official endorsement of driving on a day when Jewish law prohibits operating machinery, even pushing elevator buttons

This group of Jews wanted to prevent even non-Jews from driving:

[Jerusalem Mayor] Barkat changed the location of the open lot to one farther from an ultra-Orthodox neighborhood, promised it would be staffed by non-Jews and waived fees so money would not change hands, another Sabbath prohibition.

Still, the crowds have gathered. An estimated 30,000 people joined in a mass prayer one Friday night in June, and there are plans for a children’s protest this week.

“It’s as if they are calling upon the public to come and desecrate the Sabbath,” said Rabbi Yitzhak Goldknop, secretary of the Rabbinical Committee for the Sanctity of the Sabbath. “It hurts us and hurts our feelings and the feelings of any believing Jew.”

This is not an isolated event.  In fact, cars are routinely stoned in Israel if they move about on the Sabbath:

…One of these suburbs, Mea Shearim, is infamous for the stoning of moving cars on Shabat, the Jewish Sabbath.

How’s that for forcing your beliefs on others?

Such incidents have worried the non-Jewish and secular residents:

Secular residents, however, worry about intolerance and a loss of diversity, citing demands for gender-segregated buses, the recent jailing of a member of a “chastity squad” who assaulted a woman he thought was dressed immodestly…

This leads to our next example, which is of some Jews forcing companies to segregate their buses and make women sit at the back.  The Independent reports:

‘Sinful’ city buses stoned by ultra-Orthodox Jews

[An] Israeli bus…is pelted with stones that smash windows and startle passengers…The violence is part of an unholy war in which strident elements of the ultra-Orthodox community in Mea Shearim are trying to force Israel’s leading bus company – and, by extension, Israeli society– to defer to their strict religious teachings and sensibilities…

The latest battle is over demands that buses segregate men and women in accordance with strict Jewish law…In the view of some ultra-Orthodox Jews, segregated seating, with women entering separately through the rear door and sitting at the back, is vital to uphold their stringent traditions stipulating modesty and prohibiting physical contact with members of the opposite sex.

Secularists say the push for sanctity on the buses is part of a larger effort to transform Jerusalem into a kind of Tehran…

Menachem Kenig, head of a committee pressing for segregated buses, says Israel’s leading bus company, Egged, is in effect forcing religious people to sin. “The one place where men and women are forced to be together is on the bus,” he says. “People are crowded in, men and women push up against each other. There are sudden stops and sharp turns and men fall on the women. This really angers us, it is a violation of the concept of modesty that is at the basis of the ultra-orthodox community.”

But Laura Wharton, a secularist member of the Jerusalem city council, says the attempt to force a new segregated bus line is “outrageous and extremist”, adding: “It is humiliating to be sent to the back of the bus.”

Can you imagine if this had been Muslims who were pelting buses in order to force women to the back of the bus?   Daniel Pipes and company would be creating pandemonium!  But suddenly they are quiet as mice.

Immodestly dressed women are not allowed to board these Israeli buses, and are man-handled if they try to; the Guardian reports:

With the demographics skewed in [ultra-Orthodox] favour, government authorities are acquiescing to the growing demands of the ultra-orthodox. The transport ministry, which regulates and funds bus transport through private companies, has allowed operators to provide ‘kosher’ or ‘pure’ routes, where women are required to sit at the back and cannot board unless appropriately dressed.

More than a dozen women have filed complaints after being verbally or physically attacked on the buses. ‘Sometimes it’s an official group but often it’s one or two men who start to complain and the other men follow,’ said the Israel Religious Action Centre’s legal director, Einat Hurvitz. ‘The drivers allow them to intimidate the women.’ Haredi women also participated in the bullying.

‘I was wearing jeans and a long sleeved T-shirt and as I was getting on the bus someone told me I couldn’t get on the bus like that,’ said Iris Yoffe who was travelling from Jerusalem to her parents’ home in the northern city of Haifa. ‘I ignored him and paid the driver.’ But then, said Yoffe, two women blocked her way and told her to get off. ‘When I refused they started yelling at me.’

Moving on, we have the example of some Jews trying to close down shops that were selling mp4 players, which–according to them–is a violation of Halakha; Israel News (YNet) reports:

Battle against MP4 players

…The demonstrators directed their anger at a store on the Shabbat Square accused of selling “non-kosher” MP4 players.

On Wednesday evening, a group of yeshiva students demonstrated opposite another store in Meah Shearim, demanding that it stop selling “impure films.”

So Dr. Pipes, here we have an example of Jews trying to force others to adhere to their religious laws and there are more examples, such as ultra-Orthodox Jews throwing out children from schools if their families own computers, which they consider to be a violation of the Halakha.  The Guardian reports:

…Time is spent checking out reports of illicit use of new technologies by members of the [ultra-Orthodox Jewish] Haredi community. ‘If we discover someone has a computer at home we throw the children out of school,’ he said. Enforcing dictates on women’s behaviour is another vital part of his brief.

There is in fact an emergence of “chastity squads” in Israel, which go around beating up people for being irreligious, targeting women who dress provocatively (such as dressing in the color red); we read:

The “work” of the “chastity squads” has also included stoning women for wearing the “provocative” colour red and torching stores that sell MP4 players in the fear they will be used to air pornography.

Stores that sell clothes regarded as provocative have been vandalised with bleach thrown at merchandise, with suspicion all that’s needed to spark an attack. Girls have been expelled from school after being seen talking to boys, a punishment that ruins their marriage prospects.

In April, a group of ultra-Orthodox men caused a ruckus on a flight of El Al, Israel’s national airline, when they became abusive and rowdy after a film was shown which they considered immoral.

The squads have also made media headlines for enforcing the gender division on buses that service their neighbourhood, forcing women to sit in the back section, with those that refuse to do so being verbally abused and beaten.

An Orthodox Canadian tourist found this out the hard way. Miriam Shear says she was travelling to pray at the Western Wall in Jerusalem’s Old City last year when a group of ultra-Orthodox (haredi) men attacked her for refusing to move to the back of the bus.

In an interview following the incident, Shear says that she was slapped, kicked, punched and pushed by a group of men who demanded she sit in the back of the bus with the other women.

Jewish women who leave ultra-Orthodox lives to embrace a secular and “immodest lifestyle” are given “honor beatings” and threatened with death; the Guardian reports:

Four months ago in the middle of the night, six men dressed in wide-brimmed black hats, black coats, white shirts and black trousers burst into the Jerusalem apartment of a young Jewish woman and taught her a lesson.

Mikhail, who is reluctant to give her full name, had scandalised members of her ultra-orthodox Jewish community by leaving her husband and embracing a secular lifestyle. The men, all members of the theologically conservative Haredi branch of Judaism, tackled her to the ground, slammed her head against the floor and tied a rag around her mouth. One assailant sat on her head as the others kicked her while demanding to know the names of the men she was seeing.

They also threatened to kill her if she did not leave the neighbourhood, which contains many secular as well as religious residents. ‘A woman is only OK if she has a family, kids and a husband,’ said Mikhail with a sigh.

Welcome to the new, increasingly orthodox, Jerusalem. The attack on Mikhail, although exceptionally brutal, was only the latest in a string of assaults over the past two years against Jewish women accused of immoral behaviour in the city.

These “chastity squads” slash tires of female drivers who dress immodestly:

Signs warning women not to enter if they are wearing trousers, short sleeves or a skirt above the knees, hang in the neighbourhood. One is affixed outside Kreus’s two-room house where he lives with his wife and 11 children. ‘Every week there’s a complaint about the way women dress,’ said Kreus.

Extraordinarily, he admitted to slashing the tyres of women who have driven into the neighbourhood who, he said, were indecently dressed.

Riots erupted when some members of the chastity squads were arrested.  These “chastity squads” seem to have some level of community support, as Israel News (YNet) reports:

‘The chastity squad activists are doing what the police should be doing,’ senior community member says.

According to the Guardian article, “more than 30 per cent of [Jerusalem's]  Jewish residents are [ultra-Orthodox] Haredi.”  The ultra-Orthodox “Jewish Taliban” freely “roam Jerusalem’s ultra-religious neighbourhoods enforcing the voluminous and ever growing list of rabbinical laws such as the recent decree banning the sale of MP4 players.”

And we could go on and on with examples of Jews trying to force Halakha on others…

I’ll stop here, mostly due to already having committed overkill.

The Bottom Line

The argument brought forth by Daniel Pipes–that Halakha should be allowed since Jews don’t wish to force their laws on others, whereas Sharia should be disallowed since Muslims wish to force their laws on others–is categorically rejected.  The bottom line is that there are religious zealots of every religion that wish to force their beliefs upon others. Islam is no exception to this.

The vast majority of Muslims–like the vast majority of Jews–just want to be able to practice their own religion.  We don’t let the actions of a few overzealous Jews characterize all of Jewry and Judaism, so let’s not let a few overzealous Muslims characterize all of Muslims and Islam.

Principle of Noninterference in Sharia

Clearly the vast majority of Jews disagree with the Jewish zealots who force Halakha upon others.  I will not however speak on this topic and instead assume that the reader will take it for granted.  Since it is Muslims that are on trial nowadays, I will speak specifically about the Islamic belief,  but rest assured I am not in anyway implying that the majority of Jews wish to enforce their laws upon others.

With regard to Islam, moderate Muslims remind their overzealous Taliban-like coreligionists that there is a principle in Sharia of noninterference towards people of other faiths.  In other words, the Sharia is applicable to Muslims, not non-Muslims.  For example, the Sharia stipulates that alcohol is forbidden, and the Hadud (Islamic penal code) dictates that corporal punishment be meted out to the one found guilty of alcohol consumption.  However, Sharia also recognizes that non-Muslims drink alcohol, and therefore dictates that Muslims should not prevent non-Muslims from that.  In other words, in an ideal Muslim state, non-Muslims can drink alcohol, eat pork, etc.

Historically, Muslims would even allow non-Muslims in Islamic lands to have their own courts, their own judges, and their own laws.  The non-Muslims were free to rule themselves according to their own religious laws.  Muslims went to Islamic courts, Jews went to Jewish courts, Christians to Christian courts, etc.  Muslim judges were forbidden to issue rulings upon non-Muslims, unless the non-Muslims themselves opted to go to an Islamic court as opposed to their own court.

Professor Mark R. Cohen of Princeton University, who according to his wiki page is “considered to be one of the leading scholars of the history of Jews in the Middle Ages under Islam,” wrote:

Islamic judges remained faithful to the principle of noninterference in the adjudication of intra-Jewish issues unless brought before them voluntarily by the parties.  Even when this occurred, as it did quite frequently, qadis [Islamic judges] especially observed the rule of nonintervention when the matter related to personal status, as evidenced, for example, in the phrase la nata’arrad fi dhalika (or: lahum) li makan ‘aqd al-dhimma, “we do not interfere in this matter (or: with them) on account of the dhimma [protection] pact.”

(Mark R. Cohen, Under Crescent and Cross, p.74)

Muslims allowed non-Muslims (such as Jews, Christians, Zoroastrians, etc.) to have their own religious courts to settle matters of arbitration, including and especially family and personal law, something which I found interesting in relation to the modern day issue of Sharia courts in Canada.

Imam al-Shafi’i, founder of one of the four schools of Islamic jurisprudence, wrote about non-Muslims:

If one of you or any other non-believer comes to us for judgment, we shall adjudicate according to the law of Islam. But if he does not come to us, we shall not intervene among you (lam nu’rid lakum fima baynakum wa baynahu).

(Imam al-Shafi’i, Kitab al-Umm, 4:118)

Not only did Muslims historically allow non-Muslims to drink alcohol, consume pork, and the like, but they also tolerated matters which the Islamic religion considered repugnant.  To illustrate just one such example: a certain Zoroastrian sect engaged in a practice known as self-marriage; a man would marry his own mother or sister.  Such marriages were explicitly forbidden in the Quran and considered repugnant to the Muslims; classical scholars opined that such a thing was more offensive to Islam than “even homosexual relationships.”

The question arose, however, as to whether or not Zoroastrian citizens of the Islamic state should be allowed to engage in self-marriage based on their own religious rules, or should the Islamic state forbid such a thing based on Sharia?  The Islamic prophet Muhammad allowed the Zoroastrians to engage in self-marriage, and this ruling was affirmed by the founders of three out of the four schools of Islamic jurisprudence  (Ibn Hanbal, Malik, and Shafi’i).

Professor Sherman Jackson of the University of Michigan writes:

[Freedom of religion] did not preclude the countenance of non-Muslim beliefs and behaviors that violated Islam.  This applied not only to “soft disagreements,” for example, pork consumption, but to practices deemed by Muslims to be downright morally repugnant.

One example in this regard will have to serve…This was the institution of “self-marriage” practiced by Zoroastrians (al-Majus)., who were protected minorities under the Muslim state.  Such marriages being repugnant under the law of Islam, the question arose as to whether they should be recognized or not…

Such practices [ruled Islamic jurists]…are to be recognized under two conditions: (1) That the religious minorities who engage in them not present their case to a Muslim court [but to their own courts]; and (2) that these religious minorities believe the practice in question to be permissible according to their religion.  If a religious minority either seeks the judgment of the Muslims or does not accept the marriage in question in its own religion, the Muslim authorities are not to recognize them…

Despite [their] own moral indignation…Muslim authorities were to recognize such incestuous marriages…[Muslim authorities] did not consider granting Zoroastrians (and other religious minorties) the right to maintain marriages that were condemned by Islam to be a violation of an optimally functioning “Islamic State.”

Similarly, Islamic jurisprudence allowed Jews to marry their nieces, even though this was forbidden according to Sharia. Reform-minded Muslims use such classical rulings as a proof that Muslims can respect the right of non-Muslims to engage in homosexual marriages, even if the Muslims themselves do not approve of homosexuality based on religious grounds.

This principle of Sharia–noninterference in the affairs of other religious groups–finds support in the Quran, which declares: “Unto you your religion and unto me my religion,” (109:6) as well as “Let there be no compulsion in religion,” (2:256) amongst others.

Naturally, Muslim fundamentalists and puritans ignore this principle of Sharia, but certainly moderate Muslims hold onto it.  The point is: it was inappropriate of Daniel Pipes to summarily claim that “Muslims want to enforce their religious views upon others,” or that Sharia itself dictates that.

To be continued…

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