Ovadia Yosef

Ovadia Yosef עובדיה יוסף
Ovadia Yosef, 2007
Born	(1920-09-23) September 23, 1920
Nationality	Israeli
Occupation(s)	Rabbi, Talmudic scholar and recognized halakhic authority
Title	former Sephardi Chief Rabbi of Israel
Political party	Spiritual leader of the Shas political party

Rabbi Ovadia Yosef (Hebrew: עובדיה יוסף) (born Abdullah Youssef on September 23 1920, Basra, Iraq and now living in Jerusalem) is a Mizrahi Haredi rabbi, Talmudic scholar, and recognized halakhic authority. He is the former Sephardi Chief Rabbi of Israel (Mizrahi Jews are often referred to as Sephardi due to the similarities of their traditions). Yosef is also the current spiritual leader of the Shas political party in the Israeli Knesset. He is highly revered in the religious world, especially in the Sephardi and Mizrahi communities, for his erudition and Torah scholarship. He is among the most important poskim of the past few generations and is regarded by many as the foremost Rabbinical authority and a source of Daat Torah. He has been referred to as the Posek HaDor ("Posek of the present Generation"), Gadol HaDor ("great/est (one of) the generation"), Maor Yisrael ("The Light of Israel") and Maran.

Rabbi Yosef's halakhic responsa are highly regarded within Orthodox circles and are considered binding in many Mizrahi communities, among whom he is regarded as "the most important living halachic authority.". Rabbi Yosef's responsa are noted for citing almost every source regarding a specific topic and are often referred to simply as indices of all previous rulings.

Rabbi Yosef has two central projects, intertwined with each other, which are embodied in the slogan "Restoring the Crown to its Old State" (Hebrew: להחזיר עטרה ליושנה). The first, a Halakhic project, is an attempt to create a unified Halakhic codex subject to the rulings of Rabbi Yosef Karo. This project is essentially innovative, in that its attempt to unify the various Halakhic traditions in light of the rulings of Yosef Karo does not constitute a return to the traditionally accepted Sephardic approach (nor, indeed, to the traditional approach of the Jews of Baghdad, where Rabbi Yosef was born). As part of this project Rabbi Yosef aims to unify the minhagim of the various Jewish groups in Israel by calling upon them to relinquish minhagim and traditions (often rooted in the Kabbalah) which they practiced in the lands where they resided prior to their immigration to the Land of Israel. His second project, a social one, is to improve the status of Sephardic and Mizrahi Jews in light of the hegemony of Ashkenazi Jews in the Torah world. This hegemony has somewhat diminished over the past few decades, in no small part because of his own political and religious activities.

As spiritual leader of the Shas political party, Rabbi Yosef is seen as a prime mover in improving the status of Sephardi and Mizrahi Jews in the State of Israel. He believes that voting in parliamentary elections and participating in Israeli politics is the key to such improvements. Through his position with Shas, he has become a significant — and controversial — figure in Israeli politics.

Biography

Early life

Ovadia Yosef was born in Basra, Iraq, but moved to Jerusalem with his family in 1924, when he was four years old. In his teens, he entered Porat Yosef Yeshiva, where he advanced to the highest shiur taught by the rosh yeshiva, Rabbi Ezra Attiya.

A famous story retells how Rabbi Attiya was instrumental in keeping the young Ovadia in the Torah world. At one point, the diligent young scholar suddenly stopped coming to yeshiva for several days. Rabbi Attiya paid a visit to his home and was shocked by the poverty he saw there. Ovadia's father explained that he ran a small grocery and needed the boy to work for him. Rabbi Attiya attempted to convince the father of the importance of Torah learning, to no avail. The next morning, when the father entered his store, he found Rabbi Attiya standing there, wearing a work apron. The rosh yeshiva explained that he had come to the store early that morning when Ovadia was opening up. He had told the youth that he had found a substitute worker who would work without pay, and sent him back to yeshiva. "You said that you needed someone to help and could not afford to pay. I am that someone. Your son's learning is more important than my time!" he told the father, who finally conceded and allowed his son to continue learning in yeshiva.

Ovadia received semicha (rabbinical ordination) at the age of 20. He became long-time friends with Rabbi Ben Zion Abba Shaul, who began his yeshiva career in the same class and who advanced to become rosh yeshiva of Porat Yosef in 1983.

Residing in Egypt

In 1947, Yosef was invited to Cairo by Rabbi Aharon Choueka, the founder of yeshiva 'Ahavah VeAchvah', to teach in this yeshiva. Rabbi Yosef also served, at the request of Rabbi Ben-Zion Meir Hai Uziel, as head of the Cairo beth din (rabbinical court). Yosef found that religious observance among both the Jewish community at large, and its leadership, including the local Rabbis, was lax. One of the major Halachic issues was the lack of any organised system of Kashrut, which led to conflict between him and other members of the community. Following these events Yosef resigned from his position, two years after having arrived in Cairo. Approximately one year after his resignation, he returned to Israel.

Return to Israel

After returning to Israel, Yosef studied at midrash "Bnei Zion", then headed by Rabbi Tzvi Pesach Frank. He also served on the rabbinical court in Petah Tikva. His boldness as a posek was already revealed in his first term as a dayan when, at the age of 30, he wrote a Halachic ruling permitting Yibbum instead of Halitza which contradicted a religious ruling made by the Chief Rabbinate of Israel a year earlier which had forbidden Yibbum.

In 1951-1952 (תשי"ב by the Jewish calendar) he published his book on the laws of Pesach titled 'Chazon Ovadia.' The book won much praise and received the approval of, among others, the two Chief Rabbis of Israel at that time, Rabbi Ben-Zion Meir Hai Uziel and Rabbi Yitzhak HaLevi Herzog. Two years later he founded 'Or HaTorah' Yeshiva for gifted Sephardic Yeshiva students. This Yeshiva (which did not remain open for long) was the first of many which he established, later with the help of his sons, in order to facilitate Torah education for Sephardic Jews and establish the leadership of the community for future generations. In 1953-4 (תשי"ד) and 1955-6 (תשט"ז) he published the first two volumes of his major work 'Yabia Omer', which also received much praise. In a letter which appears in the foreword of the second volume, Rabbi Shlomo Zalman Auerbach praised Rabbi Yosef as "one of the greatest Torah [scholars] which have risen among Israel in the last [few] generations" - an extraordinary statement given that Yosef was then only in his mid-thirties. In 1970, by which time 5 volumes had been published, Rabbi Yosef was awarded the Israel Prize for Torah literature for this work.

Between 1958 and 1965 Yosef served as a dayan in the Jerusalem district Beth Din. He was then appointed to the Supreme Rabbinical Court of Appeals in Jerusalem, eventually becoming the Chief Sephardic Rabbi of Tel Aviv in 1968, a position which he held until his election as Chief Sephardic Rabbi of Israel in 1973.

Chief Rabbi of Israel

In 1973 Yosef was elected the Sephardic Chief Rabbi of Israel by a majority of 81 to 68 votes, replacing Rabbi Yitzhak Nissim. His candidacy was criticised by some as he was competing against an incumbent Chief Rabbi. The election process was characterised by tension and political controversy because of the Psak Din of the Brother and Sister and tense relations between Rabbi Yosef and Rabbi Nissim. The tension between the two Rabbis began in the 1940s, when Rabbi Yosef came out openly against the Halachic rulings of the Ben Ish Chai. In the same election, Rabbi Shlomo Goren was chosen as the Ashkenazi Chief Rabbi of Israel. The relationship between the two Rabbis was difficult. The Council of the Chief Rabbinate was controlled by Rabbi Goren, and for some time Rabbi Yosef decided that, as a consequence, there was no point in attending its sessions. During his years as Chief Rabbi, Yosef dealt with a variety of important social and Halachic issues (See: Halakhic Authority below).

Assassination attempt

In April 2005, Israeli security services arrested three members of the Popular Front for the Liberation of Palestine (PFLP), who had been observing Rabbi Yosef in public and were held on the suspicion of intended murder. One, Musa Darwish, was convicted on 15 December 2005 of Yossef's attempted murder and of throwing firebombs at vehicles on the Jerusalem-Ma'aleh Adumim road. He was sentenced to twelve years in prison and three years probation.

Present day

He currently lives in the Jerusalem neighbourhood of Har Nof. He remains an active public figure in political and religious life in his capacity as the spiritual leader of the Shas political party and through his regular sermons.

Halakhic Approach and Worldview

Meta-Halakha: Restoring the Crown to its Old State

Rabbi Yosef frequently makes use of the slogan "Restoring the Crown to its Old State" (להחזיר עטרה ליושנה) as a metaphor embodying both his social and halakhic agenda.

On a social level, it is widely viewed as a call to pursue a political agenda that will restore the pride of the Mizrahi Jews in Israeli society, which historically suffered from discrimination and were generally of a lower socio-economic status than their Ashkenazi counterparts.

From a halakhic perspective, the metaphor is more complex. It is widely agreed by Rabbis and secular researchers alike that the 'Crown' of the metaphor refers to the halakhic supremacy which Rabbi Yosef attaches to the rulings of Rabbi Yosef Karo. According to Rabbi Yosef's approach, Karo is crowned as the Mara D'atra of the Land of Israel, and thus all Jews living within his realm of authority should be bound by his rulings. Rabbi Yosef says this explicitly and in very strong terms in Yalkut Yosef (note that 'Maran' refers to Rabbi Yosef Karo):

Even if a hundred acharonim disagree with him ... no teacher is permitted to rule with chumra contrary to Maran's instructions to rule leniently, even if many disagree with Maran ... and it is not even permitted to act with chumra where Maran has ruled leniently on the matter, since the rulings of Maran, who is the Mara D'Atra and we have received his instructions, were determined as Halakha to Moses at Sinai over which there is no dispute, and he who deviates right or left dishonours his teachers.

However, there remains some disagreement over who exactly Rabbi Yosef considers to be bound by the rulings of Karo.

Rabbi Ratzon Arusi argues that Rabbi Yosef distinguishes between his ideal and the reality. Ideally, all Jews of the Land of Israel should be bound by Karo's rulings, but practicality dictates that first all of the Sephardic and Mizrahi Jews should unite under them first. As Arusi puts it, "The unity of Israel is desirable, and shall be achieved by a unified system of halakhic ruling. A unified system of halakhic ruling will be achieved, in his opinion, by a consolidation around the tradition of the Land of Israel, which he thinks is the tradition of the Sephardim to rule as does Rabbi Yosef Karo in the Shulchan Aruch. However the reality at this time is different. Every community retains its own traditions, and thus halakha should be ruled for each community according to its own tradition. However because he believes that there is a trend of Ashkenazi ruling dominating, he cries aloud to save and preserve the Sephardic system of ruling."

Tzvi Zohar argues that Rabbi Yosef adopts a melting pot approach, in that he seeks to unify the traditions of all Jews in Israel, Sephardic and Ashkenazi alike. Zohar claims that Rabbi Yosef's main distinction is not between Ashkenazim and Sephardim, but between the Land of Israel and the Diaspora. In his view, Rabbi Yosef seeks to apply the rulings of Rabbi Yosef Karo on the entire Land of Israel, but not necessarily outside of it. According to Zohar, this represents an anti-Diaspora and "anti-Colonialist" approach, since it seeks to strip the various immigrant communities of their traditions from their countries of origin and replace them with the custom of the Land of Israel, rather than importing and implanting foreign customs in Israel. He compares between Rabbi Yosef and religious reformers such as Martin Luther and Muhammad ibn Abd-al-Wahhab, and claims that Yosef has adopted a religious restorative-reformist worldview. Specifically, he argues that Rabbi Yosef's halakhic approach is not, as Yosef attempts to portray it, a return to a traditional form of Sephardic ruling, but rather an innovative formulation of a particular Sephardic approach to Halakha which Rabbi Yosef himself fashioned.

Rabbi Binyamin Lau disagrees with both of the preceding interpretations. According to Lau, Rabbi Yosef claims that all Sephardic Jews accepted the rulings of Rabbi Yosef Karo as binding in the Diaspora, but over time deviated from them. Presently, upon their return to the Land of Israel where Karo is the Mara D'atra, they should return to adhering to his rulings. Thus, Lau believes that Rabbi Yosef directs his rulings only at Sephardic and Mizrahi Jews, since the Ashkenazi Jews never accepted upon themselves the rulings of Karo. Lau views Yosef as operating on two fronts: the first against the Ashkenzi leadership which seeks to apply Ashkenazi rulings and customs to the Sephardim, and the second against the Sephardic and Mizrahi communities themselves, in demanding that they unite under the rulings of Rabbi Yosef Karo.

In any case, it is agreed that alongside the conservative aspects of his approach to Halacha, there are also significant reforms: his preference for the rulings of Rabbi Karo, and his preference for leniency over chumra. The fulfillment of his Halakhic vision has entailed significant clashes with his Ashkenazi counterparts. On his predecessors in the post of the Tel Aviv-Jaffa Rabbinate, he wrote:

And I have heard that there are those who claim that since the Chief Rabbis of Tel Aviv-Jaffa who preceded me set a custom of ruling with chumra, the custom is not to be changed. And it is not true that I have been allowed space to express myself. And in any case it is known that the Rabbis who preceded me were subordinate to their Ashkenazi counterparts, the Gaon Rabbi Benzion Uziel Z"l was subordinate to the Gaon Rabbi Avraham Yitzhak Kook ZT"L ... and the Gaon Rabbi Yaakov Moshe Toledano Z"l in his capacity as Chief Rabbi of Tel Aviv-Jaffa could not even raise his head towards his colleague, may he be chosen for a good life, the Gaon Rabbi Isser Yehuda Unterman Shlit"a and to disagree with him on Halakha ... But I who am not subordinate, praise be to God, will stand on my guard to Restore the Crown to its Old State and instruct according to Maran whose instructions we have received.

Kocha D'hetera Adif (Leniency)

Rabbi Yosef adopts the Talmudic dictum that "the power of leniency is greater." Therefore, one of his fundamental principles of halakhic ruling is that lenient rulings should be preferred over chumra. Rabbi Yosef sees this as one of the distinguishing characteristics of the Sephardic approach to Halakha compared to the Ashkenazi approach. In one of his rulings, he quotes Rabbi Chaim Joseph David Azulai as saying: "The Sephardim are seized by a measure of piety and therefore are lenient in the Halakha, and the Ashkenazim are seized by a measure of bravery and therefore they rule strictly." Rabbi Yosef considers this principle an ideal, so that if "he is asked [a question] on a ritual-halakhic matter and succeeds in proving that a lenient position is a correct one from a halakhic standpoint, he sees this as a positive achievement."

In Rabbi Yosef's opinion, the chumra of Ashkenazi poskim results from their method of teaching, and a lack of familiarity with the Mishna, Talmud and poskim. In a 1970 article Yosef wrote about Rabbi Jacob Saul Elyashar, he says:

But being that they [the Ashkenazim] are venerative in their teaching, they do not [bravely] rule halakha l'ma'ase ['practical halakha'], especially on matters of new developments or new technologies which create halakhic problems, it is far from them to be interested and express their view of Daat Torah... Our Rabbi the Gaon [ Jacob Saul Elyashar ] was among those few virtuous ones who took upon themselves this burden to resolve the actual problems of his time, and among them are some which are relevant to this day, and he did not avoid answering his questioner...

Rabbi Yosef regards ruling with chumra as especially harmful in the current generation ("the generation of freedom and liberty"), since strict ruling might lead individuals not to comply with the Halakha. Writing in Yabia Omer, he says: "And truly the growth of chumrot leads to leniency in the body of the Torah."

Examples of lenient rulings

Following this principle of leniency Rabbi Yosef has made a number of Halakhic rulings which are significantly more lenient than those made by his Ashkenazi Haredi counterparts. Among them are:

• That it is permissible to hear a recording of a woman singing (e.g. through a radio or recording), provided that the listener has never seen the woman in person. Seeing a photograph of the singer does not constitute having seen her in person. For the rulings of other Rabbis, see Kol Isha.
• That it is permissible for boys and girls to study together up to the age of 9.
• That a married woman who covers her hair may expose one or two strands of hair from beneath the covering.
• That it is permissible for a female widow or divorcée to wear a wig as a head covering, despite prohibiting it for married women (see below).
• That it is permissible for unmarried women to leave their hair loose and untied.

The least of evils

Rabbi Yosef aims to encourage maximal observance of Mitzvot among as many Israelis as possible. In order to achieve this, "he is willing to follow a halakhic policy which, on the one hand, will minimize violations of the halakha, but on the other, concedes absolute adherence to the halakha." This is evident in a number of his rulings: providing kashrut certification to a restaurant that serves milk and meat; the slaughter of a chicken where there is a concern of it being trefa; and the wearing of pants among women.

Turning a blind eye

Rabbi Yosef applies a policy of turning a blind eye to deviations from the halakha in circumstances where, if strict adherence to the halakha were required, it is likely that it would not be followed at all. Examples of this include: the saying of the priestly blessing by Kohanim who do not have a religious lifestyle; and a shaliach tzibur or person performing a Torah reading who shaves.

Sinai Adif

In the Talmudic debate over Sinai and Oker Harim, Rabbi Yosef is of the opinion that Sinai is preferable. Specifically, he emphasizes that the Sephardic system of learning, which emphasizes Bkiut (extensive familiarity with the Talmud, Mishna and Poskim), is superior to the Ashkenazi system which relies on deep analysis employing pilpul. This preference is based upon his support for ruling halakha on practical contemporary issues rather than ruling halakha as a purely theoretical pursuit. In a eulogy he wrote for Rabbi Yaakov Adas, his teacher at Porat Yosef Yeshiva, he said:

The distinguished deceased who was our Teacher and Rabbi at Porat Yosef Yeshiva in the Old City taught us to [learn halakha for practical purposes] and not engage in futile pilpulim which shall fade and be carried away by the wind. Regretfully there are Yeshivas (Ponevezh Yeshiva and others) where one who learns from Yoreh De'ah must hide in back rooms lest he be noticed and labelled an "idler" for learning a "psak" halakha, and the shame of a thief [will be upon him] if he is found and ... anger and disgrace [too].

According to Rabbi Yosef, the preoccupation with Pilpul at the expense of Bkiut causes lack of knowledge among Ashkenazi poskim, which in turn leads to unnecessary chumra in making halakhic rulings, since the Posek is unaware of lenient Psikot and approaches to Halakha used by previous Rabbis upon which the Posek could rely to rule leniently.

Attitude towards Kabbalah

Rabbi Yosef is sometimes willing to accept rulings which rely on the rulings of the Ari zal, provided that these do not contradict rulings by Rabbi Yosef Karo. Nevertheless, in many cases he comes out strongly against the rulings, saying "we have no business with mysticism" and rejecting rulings based upon the Zohar and the Kabbalah more generally. This position is contrary to the traditional long-standing Sephardic approach to ruling Halakha, including many Sephardic poskim to this day. In contrast with the position of Rabbi Chaim Joseph David Azulai, who wrote that "None may reply after the Ari" (that is, none may dispute the rulings of the Ari), Rabbi Yosef argues that no special weight should be attached to the rulings of the Ari and the ordinary principles of Halakhic ruling should continue to apply. He writes:

As is written in the book Iggrot HaTanya in the name of the Gaon of Vilna who does not believe in the Kabbalah of the Ari in its entirety that it is wholly from the mouth of Elijah z"l, only a small portion is from the mouth of Elijah z"l, and the rest is from his great knowledge and it is not required to believe it ... and thus wrote Rabbi Chaim Volozhin in the foreword to his book ... and if so, why all this awe that we should put aside the words of all the Poskim and all of the laws [simply] because of the opinion of the Ari z"l?

Rabbi Yosef's attitude towards the Kabbalah, the rulings of the Ari, and consequently the rulings of the Ben Ish Chai have been the cause of strong disagreements between him and Jewish immigrants from the Muslim world in Israel, especially the Jews of Iraq. The rulings of the Ben Ish Chai were at the heart of the disagreement between him and the Chief Rabbis Yitzhak Nissim and Mordechai Eliyahu.

Attitude towards minhag and traditions

Rabbi Yosef gives strong preference to the written word and does not attribute significant weight to minhagim and traditions which are not well anchored in the Halakha. For example, he has expressed opposition to two minhagim observed in the Synagogues of North African Jewry: standing during the reading of the Ten Commandments and the involvement of the congregation in certain parts of the prayer service. His attempts to change popular and deeply rooted traiditions have led to opposition to him among some North African Rabbis such as Chalom Messas, Yehoshua Maman, Eliyahu Rachamim Zaini and Shlomo Toledano.

Attitude towards the State of Israel and its citizens

Rabbi Yosef holds a Halakhically ambivalent view towards Zionism as the Atchalta D'geula (beginning of the redemption). Religious Zionists, in contrast, view Israel as the first flowering of the redemption. In a well-known Halakhic ruling regarding the saying of Hallel on Yom Haatzmaut, Rabbi Yosef writes that although the Jewish people experienced a miracle with the establishment of the State of Israel, the miracle did not include all of the Jewish people and, therefore, Hallel should not be said with a blessing. Nevertheless, he writes that "If the congregation wishes to say Hallel without a blessing after the prayer service, they should not be prevented." Thus, Rabbi Yosef's position can be seen as a middle ground between the Religious Zionists, among whom saying Hallel is compulsory, and the Ashkenazi Haredim, who do not say Hallel at all.

In a newspaper interview in which Shas was accused of being anti-Zionist, Rabbi Yosef responded:

What is anti-Zionist? It is a lie, it is a term which they have concocted themselves. I served for ten years as a Chief Rabbi - a key public position in the State of Israel. In what way are we not Zionists? We pray for Zion, for Jerusalem and its inhabitants, for Israel and the Rabbis and their students. What is Zionist? By our understanding, a Zionist is a person who loves Zion and practices the commandment of settling the land. Whenever I am overseas I encourage Aliyah. In what way are they more Zionist than us?

In 2010, Rabbi Yosef and Shas' Moetzet Chachamei HaTorah (Council of [Wise] Torah Sages) approved Shas' membership in the World Zionist Organisation, making Shas the first officially Zionist Haredi party in Israel.

Yeshiva students and military service

Rabbi Yosef regards the wars fought by the State of Israel as falling within the Halakhic classification of Milkhemet Mitzvah. Nevertheless, he encourages young students to remain in the Yeshivas rather than be drafted into the military, because "despite the sensitivity which Rabbi Yosef feels towards the Israel Defense Forces he is deeply rooted in the Rabbinic tradition of the Yeshivas in the Land of Israel, and holds their position which opposes the integration of Yeshiva students in the military." Rabbi Binyamin Lau makes a cautious distinction between Rabbi Yosef's public rhetoric which presents a unified front with the Ashkenazi Haredim, and between internal discussions, where Rabbi Yosef is said to be more receptive to solving the problem of integrating the Haredim into the military.

Rabbi Yosef's grandson points out his grandfather's positive attitude towards the IDF, in that whenever the Torah Ark is opened Rabbi Yosef blesses "mi sheberech" for IDF soldiers. Rabbi Yosef's son, Rabbi Avraham Yosef, served in the IDF as a military Rabbi for 13 years.

Secular Israelis

Rabbi Yosef frequently refers to the present situation in Israeli and Jewish society as "the generation of freedom and liberty." By this, Rabbi Yosef is referring to a modern reality of a Jewish community which is generally not committed to the Halakha, and where Rabbinic authority has lost its centrality. In this context, Rabbi Yosef draws a distinction between those who are non-observant out of spite, and those who are non-observant in the sense of a weak or incomplete commitment to Halakha accompanied by a strong belief in God and the Torah:

And I knew clearly when I was in Egypt, that many of these people (who worked on Shabbat for their livelihood), when they leave work, are careful not to desecrate the Sabbath, and indeed do not smoke on the Sabbath and all that follows from that. And some of them pray on the Sabbath in the first minyan so as to get to their workplace on time, and in secret their soul would weep that they are forced to desecrate the Sabbath for their livelihood.

This latter kind of non-observant Jews are, in Israel, mainly Mizrahi Jews who practice aspects of Judaism as a popular folk religion (known as Masortiyim, not to be confused with Conservative Judaism, which is sometimes called Masorti Judaism). Rabbi Yosef seeks to bring this demographic closer to the Torah, in part by employing lenient rulings. Thus, for example, he has ruled that those who desecrate the Sabbath are not considered as having abandoned the Torah, and thus if they have touched wine it remains Kosher. This sort of ruling differs from Ashkenazi Haredi rulings, in that Rabbi Yosef actively aims to engage in Kiruv.

However, Rabbi Yosef is generally hostile towards Jews who are entirely secular - that is, lack any faith in God and have entirely abandoned practice of the Mitzvot, having previously called them apikoros.

Israeli legal system

Rabbi Yosef is opposed to bringing civil actions in the Israeli courts because they decide outcomes by applying Israeli law rather than Halakha. His opposition is consistent with the position of the Ashkenazi Haredi Rabbis and some Religious Zionist Rabbis (e.g. Yaakov Ariel) as well. On this matter, Rabbi Yosef has written:

And know that even though the legal authority vested by the government to decide cases is with the secular courts and the judges there are Jews, with all this it is clear that according to the law of our holy Torah - he who sues his friend in their courts commits a sin too great to bear, and he is as was decided by the Rambam and Shulchan Aruch, that any who sues in their courts is evil and it is as though he has been spiteful and blasphemed and raised his hand against the Torah of Moses our Rabbi.

However, in matters of criminal law, Rabbi Yosef is among the moderate Rabbinic voices who support the application of the rule dina d'malchuta dina ('the law of the land is the law'), and therefore it is forbidden to engage in criminal conduct such as tax fraud. It is only in civil matters in which he forbids going to the Israeli courts.

In February 1999 Rabbi Yosef caused a controversy by strongly criticizing the Supreme Court of Israel:

These call themselves the Supreme Court? They're worthless. They should be put in a bottom court. They, for them [God] created all of the torments in the world. Everything that [the people of] Israel suffer from, is just for these evil people. Empty and reckless... What do they know? One of our children of 7-8 years knows better than they how to learn Torah. These are the people who have been put in the Supreme Court. Who chose them, who made them judges, but the Justice Minister, persecuter and enemy he liked them and he recommended that the President would appoint them as judges. What, were there elections? Who says that the nation wants such judges, such evil [ones]... They have no religion and no law. All of them have sex with Niddot. All of them desecrate the Sabbath. These will be our judges? Slaves rule over us.

Following these statements the Movement for Quality Government in Israel petitioned the Supreme Court of Israel, demanding that Rabbi Yosef be put on trial. The Supreme Court dismissed the application, saying that the comments were within Rabbi Yosef's right to freedom of speech. Nevertheless, then Supreme Court President Aharon Barak wrote in his judgment:

The words of Rabbi Yosef are harsh. The content is hurtful. It harms the confidence of his followers in this court. Neither a gadol in the Torah nor a political leader [should] speak thus. This is not the message that a former dayan - who knows and understands the complexity of judicial work - needs to be sending to the community...

Political activity

Government influence

Ovadia Yosef, 2007

In 1990, Rabbi Yosef used his position as Shas spiritual leader to pressure Prime Minister Yitzhak Shamir into agreeing to hold negotiations with Arab states for a peaceful settlement of the Arab-Israeli conflict. Shamir, a member of the Likud Party, refused to make any commitments.

According to one biography of the rabbi, Ben Porat Yosef, the relationship between the two had never been comfortable because of Shamir's unstudious personality. As a way of gaining a character analysis of politicians, Rabbi Yosef had invited both Shamir and Shimon Peres to learn Talmud with him. While Peres proved an engaging and fluid learner, Shamir was stoic toward the material, a trait that led Rabbi Yosef to instead use one of Shamir's cabinet members, Housing and Construction Minister David Levy, as his key partner in dealing with the Likud. Levy had a relatively warm relationship with the rabbi due to his moderate approach to Israel's security and foreign affairs policies, his charismatic personality, and his connection with Sephardi traditions (Levy, a Moroccan, was the highest ranking Sephardi politician in the 1980s).

In 1990, Rav Yosef pulled Shas out of the coalition with the Likud and attempted to form a partnership with Peres's left-centre Labour Party. The bold move, engineered but opposed by Shas chairman Aryeh Deri, backfired when the highly respected Ashkenazi rosh yeshiva (dean) of the Ponevezh Yeshiva in Bnei Brak, Rabbi Elazar Shach (who subsequently founded the Degel HaTorah party) fiercely commanded Rabbi Yosef to return Shas to the coalition with the Likud. During this time, Rabbi Yosef was severely criticised by other major members of the Haredi religious community in Israel, particular the Ashkenazic Jews who generally sided with the Likud and the right in opposition to the perceived secularist tendencies of Labour and the left.

The failure of the scheme, today called "the dirty trick", or maneuver, was responsible for Peres' downfall as leader of Labour, and his 1991 defeat in internal elections to former Defense Minister Yitzhak Rabin. Since the 1980s, Rabbi Yosef has approved the participation by Shas in most Israeli governments, except for the last two governments of Ariel Sharon since January 2003. In the last Knesset, Shas was one of the few parties to have been in the opposition for the duration of that Knesset's term, along with the leftist Meretz party and the Arab factions Ra'am (United Arab List), Hadash, and Balad. This was largely because of the rise of Shinui to the powerful third party position, a position that was previously held by Shas. Shinui demanded to create a government without Shas.

In the 2007 Israeli Presidential election, Rabbi Yosef endorsed his long-time friend Shimon Peres, who ultimately won the election due in part to the support of Shas's 12 MKs.

Cultural influence

In a 2004 article by Maariv, Rabbi Yosef was mentioned as one of the most influential rabbis in Israel. He was described as:

The spiritual leader of Shas. The man most identified with the honorific title maran. He has considerable political strength, mainly because he controls the Knesset members of Shas.

However, the key influence of Rabbi Yossef is in the arena of Judaism, specifically in halakha.

In addition, he has great influence in teaching and endowing of his halakhic way. Jewish prayers according to Yosef's verdicts are the most common in Sephardic synagogues, and his halakhic books gained circulation beyond compare. Almost no one disputes the fact he is a Torah phenomenon, one of a kind. Despite this, he is "field rabbi" and goes down to the common people with countless sermons.

Position on the Israeli-Palestinian conflict

Despite his controversial public comments, Rabbi Yosef has long been a distinguished rabbinical authority advocating peace negotiations in the Israeli-Palestinian conflict, and has done so since the late 1980s. His main justification is the halakhic principle of Pikuach Nefesh, in which all the Jewish commandments (excluding adultery, idolatry, and murder) are put on hold if a life is put in danger. Using an argument first articulated by the late American rabbinical leader Joseph Soloveitchik, Rabbi Yosef claims that the Arab-Israeli conflict endangers human lives, thereby meeting the above criteria and overruling the priority of commandments pertaining to settling the land of Israel. Therefore, Israel is permitted — even obligated if saving lives is a definitive outcome — to make serious efforts to reach a peace settlement as well as to make arrangements to properly protect its citizens. Rabbi Yosef first applied the Pikuach Nefesh principle to Israel's conflicts with its neighbors in 1979, when he ruled that this argument granted Israel authority to return the Sinai Peninsula to Egypt. Some claimed, however, that the ruling was also motivated by Rabbi Yosef's desire to oppose his Ashkenazi colleague, Rabbi Shlomo Goren.

Using this precedent, Rabbi Yosef instructed Shas to join Prime Minister Yitzhak Rabin's government coalition, and later that of Ehud Barak as well. However, Shas abstained on Oslo I and voted against the Oslo II agreement. Furthermore, as Oslo stalled and relations between Israelis and Palestinians began to deteriorate, and particularly following the outbreak of the Al-Aqsa Intifada, Rabbi Yosef and the party pulled "rightward", supporting the Likud.

In 2005, Rabbi Yosef repeatedly condemned the Gaza Disengagement. He argued that he was opposed to any unilateral action that occurred outside the framework of a peace agreement. Rabbi Yosef again cited the principle of Pikuach Nefesh, saying that empowering the Palestinians without a commitment to end terror would result in threatening Jewish lives, particularly in areas near Gaza in range of Qassam rocket attacks. In contrast to some of his rabbinical colleagues, such as Rabbi Yosef Sholom Eliashiv, Rabbi Yosef refused to entertain the idea of holding a referendum on the disengagement, and instructed his MKs to vote against the plan when it came up in the Knesset.

Rabbi Yosef still maintains that Pikuach Nefesh applies to the Israeli-Palestinian conflict and supports negotiations with the Palestinians. However, he no longer appears totally convinced that diplomacy with the present leadership can necessarily end the violence. Some media analysts had suggested that then Prime Minister Ehud Olmert may have been able to convince the rabbi to sign on to further unilateral actions by the government if concerted efforts toward negotiation failed.

Rabbi Yosef has protested strongly against demands by the United States and other foreign countries that Israel freeze construction in East Jerusalem, saying that "it's as if we are their slaves." Nevertheless, he has shown some flexibility on the issue and may take a pragmatic approach. In the wake of the diplomatic row between Israel and the US over Jewish housing in east Jerusalem, Rabbi Yosef is reported to have said, in a private meeting with Shimon Peres, that "[i]t is not permissible to challenge the nations of the world or the ruling powers" and that Israel should agree to a partial building freeze in east Jerusalem, at least temporarily.

Halakhic authority

Rabbi Yosef is generally considered one of the leading living halakhic authorities, particularly for Sephardi and Mizrahi Jews ("Maran").

Some of his more famous legal rulings include:

• That it is legitimate and permissible to give territory from the Land of Israel in order to achieve a genuine peace. When the Oslo Accords were followed by an intifada, this opinion was later retracted.
• That it is permissible for a Jew to marry a Karaite.
• Supports heter mechira during the Shmita year, following the Sephardic tradition.
• Ordered the Shas political party to vote in favour of a law recognizing brain death as death for legal purposes. The Ashkenazi Haredi political party United Torah Judaism voted against the law on instructions from their spiritual leader Rabbi Yosef Shalom Elyashiv.
• A collective recognition of the Jewishness of the Beta Israel, after there was a suspicion that their conversion to Judaism was not in compliance with halakha.
• Allowing the wives of Israel Defense Force soldiers who have been missing in action for a long time to remarry, a verdict which is known as "the releasure of agunot" (התרת עגונות).
• That a woman should not wear a wig (sheitel) as a form of head covering, but should wear headscarves instead. (According to Jewish Law, Jewish married women must cover their hair in public for reasons of modesty). Many Ashkenazi Jews have the practice of wearing sheitels, while some wear a covering on top of the sheitel.

Criticism and controversy

Both during and after his term as Chief Rabbi, and continuing today, there is much criticism of Ovadia Yosef. Critics have questioned his theodicy, his halakhic rulings, and actions as spiritual leader of Shas.

Theodicy

Some of Rabbi Yosef's theodicy-related pronouncements have also been controversial. In 2000, he described the Holocaust as God's retribution against the reincarnated soul of Jewish sinners: "The six million Holocaust victims were reincarnations of the souls of sinners, people who transgressed and did all sorts of things that should not be done. They had been reincarnated in order to atone.". Shas chairman Eli Yishai said criticism of the rabbi is unjustified, explaining, "Rabbi Ovadia weeps for every Jew who is killed ... but nobody, not even a saint, has not sinned. Everyone dies in a state of sin. It's even stated that he declared that Hitler was a messenger sent to do God's work before the arrival of the Messiah."

Following Hurricane Katrina in 2005, Rabbi Yosef blamed the tragedy on the Godlessness of New Orleans, on U.S. support for the Gaza disengagement, and on a general lack of Torah study in the area:

"There was a tsunami and there are terrible natural disasters, because there isn’t enough Torah study... Black people reside there [New Orleans]. Blacks will study the Torah? [God said], Let’s bring a tsunami and drown them... Hundreds of thousands remained homeless. Tens of thousands have been killed. All of this because they have no God... Bush was behind the [expulsion of] Gush Katif, he encouraged Sharon to expel Gush Katif... We had 15,000 people expelled here [in Israel], and there [in America] 150,000 [were expelled]. It was God’s retribution... God does not short-change anyone."

Part of the controversy surrounding Rabbi Yosef's comments was his use of the Hebrew word "Kushim" to refer to the black people of New Orleans. In modern Hebrew, "Kushim" is considered a racial epithet.

Controversial halakhic rulings

Breslov Hasidim have the custom of going on a pilgrimage to the tomb of Rebbe Nachman of Breslov in Uman for Rosh Hashanah. Rabbi Yosef has been highly critical of this practice, and has stated, "There are here [in Israel] the tombs of the greatest sages in the world. Holy Tannaim, amongst whom even the least will merit being resurrected. They leave and shame these Geonim by going to Uman."

In 1973, as Chief Sephardic Rabbi of Israel, he ruled that the Ethiopian Beta Israel were to be regarded as Jewish according to Jewish law. However, other leading halakhic authorities such as Rabbi Moshe Feinstein, Rabbi Yosef Sholom Eliashiv, and Rabbi Shlomo Zalman Auerbach have found their identity as Jews to be suspect.

Calls for Annihilation of Arabs

In 2001 Yosef was quoted as calling for the annihilation of Arabs, instructing his followers that "it is forbidden to be merciful to [Arabs]" You must send missiles to them and annihilate them. They are evil and damnable." Israeli Justice Minister Meir Sheetrit condemned the sermon, saying: "A person of Rabbi Ovadia Yosef's stature must refrain from acrid remarks such as these. (...) I suggest that we not learn from the ways of the Palestinians and speak in verbal blows like these." Salah Tarif, an Arab Israeli minister, also criticized Yosef, saying "his remarks add nothing but hatred". Yosef later said that his sermon was misquoted, and clarified that he was referring to annihilation of Arab terrorists and not to all Arab people. . He called for improving the living conditions of Arabs in Israel, and said that he has deep respect for peace seeking Arabs.

Calls for Genocide of Palestinians

Yosef again drew criticism in 2010 following a speech in which he denounced proposed peace talks and said Arabs were "evil, bitter enemies of Israel," and declared "Abu Mazen and all these evil people should perish from this world", further adding "May God Almighty strike them and these Palestinians."

Awards

In 1970, Rabbi Yosef was awarded the Israel Prize, for Rabbinical literature.

Published works

Among Rabbi Yosef's earliest works was a detailed commentary on the Ben Ish Chai titled Halikhot Olam. He was asked to finish the commentary Kaf Ha'Chaim by Rabbi Yaakov Chaim Sofer after the author's death. Two sets of Rabbi Yosef's responsa have been published, Yabbia Omer and Yechaveh Da'at (both titles are references to Psalm 19). His responsa are noted for citing almost every source regarding a specific topic and are often referred to simply as indices of rulings. There is also another series of books under the title of Chazon Ovadia (not to be mistaken with the original books which were responsa on Passover), which he has written laws concerning the sabbath, holidays and other topics.

Rabbi Yosef has printed a commentary on the Mishnah tractate Pirkei Avot ("Ethics of the Fathers") under the title, Anaf Etz Avot, and Maor Israel, a commentary on various parts of the Talmud. His son, Rabbi Yitzhak Yosef, has published a widely-read codification of Rabbi Yosef's rulings entitled Yalkut Yosef. Another son, Rabbi David Yosef, has printed various siddurim and liturgy according to Rabbi Yosef's rulings, and another halachic compendium entitled Halachah Berurah.

Secondary works

• Nitzan Chen and Anshel Pfeffer, Maran Ovadia Yosef: Habiografia (Rabbi Ovadia Yosef: The Biography): Jerusalem 2004
• R. Benny Lau, Mimaran ad Maran: Mishnato ha-Hilkhatit shel ha-Rav Ovadiah Yosef (From R. Yosef Karo to R. Ovadiah Yosef: The Halachic Teaching of Rabbi Ovadia Yosef): Tel Aviv 2005
• Zvi Aloush and Yossi Elituv, Hayyav, Mishnato u-Mahalkhav ha-Politiyim shel ha-Rav Ovadiah Yosef (The Life, Teaching and Political Activities of Rabbi Ovadia Yosef): Or Yehudah 2004
• Mi-Yosef ad Yosef Lo Kam ke-Yosef (From Yosef to Yosef arose none like Yosef): review of all three books by Marc B. Shapiro
• Review of the Chen and Pfeffer book by Rabbi Benjamin Lau (Friday, October 1, 2004 Ha'aretz)
• Y. Choueka, Pirkei Hayim, a biography of Rabbi Aharon Choueka and his Yeshiva, Ahava VeAchva, in Minhat Aharon, Y. Choueka and Haym Sabato (Eds.), Jerusalem, 1980, 15-32. (Hebrew)
• Zion Zohar, Oriental Jewry Confronts Modernity-The Case of Rabbi Ovadiah Yosef, Modern Judaism - Volume 24, Number 2, May 2004, pp. 120-149.

See also

• Avraham Yosef
• Yaakov Yosef
• Yitzhak Yosef
• List of Israel Prize recipients

External links

• Maran - a website containing videos of sermons given by Rabbi Ovadia Yosef
• Halacha Yomit - a website containing daily Halacha given by Rabbi Ovadia Yosef
• Time Magazine Overview of controversial Rabbi Yosef moments
• Rabbi Ovadia Yosef and his "Culture War" in Israel, from Middle East Review of International Affairs, 4:4, December 2000.
• Land vs. Life, from [Netivot Shalom], April 2003.
• Conquest of Land in Erez Yisrael, from [Mail.Jewish Mailing List], March 1993.