Friday, June 30, 2006

Book Launch: The Challenge of Creation


Coming July 18th: The Jewish Publishing Event of the Year!

Join us for the New York launch of

The Challenge of Creation
Judaism’s Encounter with Science, Cosmology,
and Evolution


Join The New York Book Launch
Tuesday, July 18th - 8pm - Young Israel of Kew Gardens Hills
Featured Speakers: Rabbi Natan Slifkin - Rabbi Gil Student - Rabbi Dr. Tzvi Hersh Weinreb

Books will be available for purchase and signing at the launch.


Available at bookstores from late July, or order now online at www.yasharbooks.com
For more details about the book, see www.zootorah.com

Please download this poster and hang it in appropriate public places.


New Book: The Legacy of Maimonides


New from Yashar Books:

The Legacy of Maimonides: Religion, Reason and Community
edited by Yamin Levy and Shalom Carmy

Rabbi Moses Maimonides (1135-1204), known as Rambam, is widely known as a profound philosopher and authoritative legal scholar. However, Rambam’s contributions are not merely remnants of medieval scholarship but a vibrant legacy that gives compelling guidance in modern man’s spiritual search. In The Legacy of Maimonides, leading scholars present surveys of Rambam’s thinking and his impact on Judaism, and apply Rambam’s approach to various issues of critical contemporary importance. Community, tradition, self-perfection, Bible interpretation, messiah and dogma are among the timely subjects covered in this important work.

Table of Contents

Some Reflections on the Historical Image of Maimonides: An Essay on
   His Unique Place in History

Maimonides on the Love of God

Interpreting Maimonides

The Sovereignty of Dogma: Rambam and/or the Mishnah

Some Ironic Consequences of Maimonides’ Rationalist Approach
   to the Messianic Age

Maimonides: A Man for All Ages

Israel, the Noahide Laws and Maimonides: Jewish-Gentile Legal Relations
   in Maimonidean Thought

Four Parables about Peshat as Parable

Maimonides on Creating an Inclusive Community

Rambam’s Continued Impact on Underlying Issues in Tanakh Study

Parent-Child Relationships and Ta’amei ha-Mizvot in Rambam

Rambam: A Man of Letters

Oral Law as Institution in Maimonides

Worship, Corporeality, and Human Perfection: A Reading of Guide of the
   Perplexed
, III:51-54


Isadore Twersky


Norman Lamm

Arthur Hyman

Shalom Carmy

David Berger


Norman Frimer

Dov Frimer


Roslyn Weiss

Yamin Levy

Hayyim Angel

Elimelekh Polinsky

Moshe Sokolow

Gerald Blidstein

David Shatz

More about the book
Ask for it in your local bookstore or buy it online


Thursday, June 29, 2006

Afikei Mayim V

Afikei Mayim, in the Likut Kedushas Ha-Torah (ch. 2, p. 26), quotes the Maharal's Chiddushei Aggados to Menachos 64b in which the Maharal prohibits the study of secular wisdom. This is an accurate and properly contextual quote.

However, this passage is difficult because it directly contradicts the Maharal's words elsewhere. The Maharal writes in Nesivos Olam (Nesiv Ha-Torah, ch. 14):
Click here to read more
And so are the words of the Rambam in his work [Moreh Nevukhim 2:22], that we should listen to the gentiles sages regarding what is under the sphere of the moon because they are wise in the natural world. But we should not listen to what they say about what is above the sphere of the moon, which is above nature. For they were wise about the natural world, but we should not listen to them about what is above nature -- which is a divine wisdom...

Therefore, we see from this that one should learn the wisdom of the nations. Why should one not learn wisdom that is from God? For the wisdom of the nations is also from God, since He gave it to them from His wisdom. There is no reason to say that even though this is complete wisdon, one should still not abandon the Torah, as it says "And you shall meditate on it day and night" (Josh. 1:8)...

But it seems that Greek wisdom there [Menachos 99b] refers to wisdom that has no connection to Torah at all, like the wisdom of rhetoric and parable. This wisdom has no relation to Torah at all, and it says "And you shall meditate on it day and night." However, it is certainly permissible to study the wisdoms to determine the reality and order of the world... However, words of wisdom are not forbidden because this wisdom is like a ladder by which to ascend to the wisdom of Torah...

From here we learn that a man should study anything to determine the nature of the world -- and is obligated to do so -- for all things are the work of God and one should understand them and recognize through this his Creator...
In other words, not only is one permitted to study science but one is obligated to do so. (Although one may not learn directly from a heretic; only from his books and in order to respond to heretics. But from an Orthodox teacher -- such as in Yeshiva University or Touro College -- there is no problem at all.)

In that passage in Nesivos Olam, the Maharal addresses all of the talmudic and midrashic passages raised in the Chiddushei Aggados to Menachos. I am at a loss as to how to explain this contradiction.

R. Alan Kimche points out ("The Maharal of Prague on Combining Torah Learning with Secular Study," Le'ela 48 [1999]) that three of the Maharal's top students seem to have positive attitudes towards secular sciences: R. Mordekhai Yaffe (the author of the Levushim), R. David Gans, and R. Yom Tov Lipman Heller (the author of Tosafos Yom Tov).

(See also these posts: I, II, III, IV, IVb


Antoninus II

As a follow-up to this post, here is the entry from Otzar Yisrael for "Antoninus" (thanks to HebrewBooks.org). An excellent read. It seems I got a lot wrong: link - PDF


Bikores Ha-Ge'ulah

In honor of the Lubavitcher Rebbe's yahrtzeit, I link to my booklet on his messiahship (or lack thereof): link


A Kohen and a Convert

R. Hershel Schachter on a kohen marrying a convert: link


Wednesday, June 28, 2006

Foie Gras


From R. Natan Slifkin, Man and Beast, pp. 203-205:
The production of foie gras started thousands of years ago with the ancient Egyptians. Wild geese gorge themselves before migrating, and the Egyptians noticed that the livers of these birds were exceptionally tender and tasty. The Egyptians developed a process of force-feeding called gavage, in which they restrained the bird by the neck and pushed moistened balls of grain down its throat. They repeated this process several times a day for several weeks, until the bird’s liver was greatly enlarged.

Although this procedure was carried out by many people in ancient times, it was amongst the Jews of Europe that foie gras became especially popular. One of the reasons for this was that it was an especially healthy food:
For people who subsisted on a diet of noodles, cabbage, and potatoes, fattened goose liver was a precious source of nutrients. The Jews regarded it as a health food and dutifully fed it to growing children, since they would benefit most from the additional calories.

Jane Ziegelman and Andrew Coe, “A Goose for all Seasons,” Moment Magazine (June 2001)
Another reason for fattening geese was that, aside from the liver, there would be plenty of fat. This was important, as Jews did not have many options for cooking fat. Beef fat is prohibited, and butter cannot be used for cooking meat. Jews in Israel had used olive oil, but this was scarce in Europe. The solution was poultry fat, called schmaltz in Yiddish, which could be obtained in large quantities by force-feeding the birds. The fat was strained and stored for all kinds of uses, including frying, basting, moistening, seasoning, and well as an addition to cholent.

In the twentieth century, when foie gras production moved to the United States, Israel and other countries, its method of production became more industrialized. Geese were now kept in crowded and tiny pens, and the force-feeding was done with a metal tube which was attached to a pressurized pump and shoved down the bird’s throat. The pre-slaughter mortality rate for foie gras production in Europe has been discovered to be fifteen times the average rate on other duck factory farms.[1] The precise causes of these deaths have not been documented but are likely to be due to physical injury and liver failure.[2] Controversies rage over how much pain and harm is inflicted upon geese and ducks in foie gras production today.

Having better understood the history of foie gras, let us now explore why, in all the halachic discussions of the topic, nobody ever objected on the grounds of tzaar baalei chayim. First, let us look at whether the process in Europe was less cruel than that of today. One might argue that the current method of feeding with a pressurized pump is more cruel, but this would not appear to be the case – the food is a soft mush that is squirted down in four seconds, whereas in past times the food was harder and would often be pushed down with a stick.

But there is a highly significant difference between the foie gras of Europe in the past and the foie gras of today. In past eras, foie gras was not a luxury, but rather was a fundamental part of the diet and provided valuable nutrional and practical benefits. Today, on the other hand, there are no significant nutrional benefits from foie gras that are not already obtained from other sources, and it is a delicacy rather than a staple. But since the concept of foie gras had long been accepted, this is probably why rabbinical authorities were not alert to the new problem.[3]

Today, some are of the opinion that causing pain to animals is permitted for any human benefit and that foie gras is therefore permissible.[4] Yet many authorities prohibit excessive cruelty to animals in cases where there is only trivial benefit to man, and there is a widespread custom to refrain from doing so even where it is technically permissible. Thus, it would seem that the reality today of foie gras production, where it is produced as a delicacy rather than being an important part of the diet, is not consistent with the Torah principles of hwo man should treat animals.[5]
[1] Welfare Aspects of the Production of Foie Gras in Ducks and Geese, European Union’s Scientific Committee on Animal Health and Animal Welfare, December 16, 1998, section 5.4.7.
[2] Ibid. section 8.1.
[3] It seems likely that this distinctioni has been unnoticed by many who have assumed that since the rabbis of Europe did not mention the problem of cruelty to animals, there is no need for us to raise it.
[4] Rabbi Itai Elitzur, Tzaar Baalei Chayim bePitum Avazim, Techumin vol. 24 p. 110-112.
[5] See Rabbi Dr. Itamar Warhaftig, response to Rabbi Elitzur in Techumin ibid. Rabbi Ovadiah Yosef in Yabia Omer vol. 9 Yoreh De’ah 3 prohibits foie gras production due to problems with both kashrus and tzaar baalei chaim.


Barukh Dayan Ha-Emes?

Edah calls it quits: link


Torah, Science, Pseudo-Torah & Pseudo-Science II

Interestingly, I found an idea similar to what I proposed in this post voiced by R. Joseph B. Soloveitchik on this week's Torah reading, in an essay titled "The 'Common-Sense' Rebellion Against Torah Authority" in Reflections of the Rav. Here is the relevant excerpt (pp. 141, 147):
Korah was an intelligent man, pike'ah hayah (Rashi, ibid. v. 7). He would certainly concede that there were specialized fields in which only experts who have studied extensively over many years are entitled to be recognized as authorities. The intrusion of common-sense judgments in these areas by unlearned laymen would be both presumptuous and misleading. Korah would not have dared to interfere with Bezalel's architectual and engineering expertise in the construction of the Tabernacle, the Mishkan, because construction skills were clearly beyond his competence. Today, reasonable people concede the authority of mathematicians, physicists, and physicians in their areas of expertise, and would not think of challenging them merely on the basis of common sense. Why, then, are so many well-intentioned people ready to question the authority of the Torah scholar, the lamdan, in his area of specialized knowledge?...

When people talk of a meaningful Halakhah, of unfreezing the Halakhah or of an empirical Halakhah, they are basically proposing Korah's approach. Lacking a knowledge of halakhic methodology, which can only be achieved through extensive study, they instead apply common-sense reasoning which is replete with platitudes and cliches. As in Aristotelean physics, they judge phenomena solely from surface appearances and note only the subjective sensations of worshippers. This da'at approach is not tolerated in science, and it should not receive serious credence in Halakhah. Such judgments are pseudo-statements, lacking sophistication about depth relationships and meanings.
This came to mind recently upon reading an article about the merits of various scientific theories, written by a rabbi with no advanced scientific training, in which the author declared a particular scientific theory to be "illogical" and unscientific. That seems to open the door to those untrained in Torah to make similar declarations based on superficial and uninformed impressions.


Havdalah for Children

I once heard R. Yisroel Belsky say that children below bar mitzvah who are old enough to be obligated in havdalah but cannot stay up late enough to hear it during the summer must say it on Sunday morning. He said that he frequently has (or had) one of his sons say havdalah on Sunday morning. I also saw that R. Yehoshua Neuwirth, in his small book Chinukh Ha-Banim Le-Mitzvos Ve-Dinei Katan (par. 24), writes similarly.

However, I don't know anyone who has ever done this. When I spoke about it with my rabbi, he disagreed based on a particular approach. I later found this approach in R. Simcha Rabinowitz, Piskei Teshuvos (vol. 3 343:1) in the name of Responsa Kimyan Torah (5:28):
A child who did not hear kiddush on Friday night, one need not teach him to say the words of the night-kiddush during the day -- and the same applies to [a child] who did not hear havdalah on Saturday night, he need not make it up on Sunday -- because the obligation is to teach him to observe mitzvos, and not to make up what he missed.


Monday, June 26, 2006

Intelligent Design

I've seen way too much misunderstanding of Intelligent Design (ID), including in a recent article by a prominent rabbi. Let me try to explain what it is. Note that I showed this to a fellow at the Discovery Institute to make sure that I am explaining this properly.

ID is not the belief that God created the world in six days. Nor is it the belief that creatures are too complex to have come about randomly. It is the theory that it can be convincingly inferred (not quite proven but close) that creatures were intentionally designed rather than a random product. It doesn't claim to prove anything about God but merely disputes Darwinism's contention that the course of life's history was entirely unguided.

ID does not disprove or even necessarily contradict evolution, if evolution is defined as change over time. The issue at stake is the mechanism that drives evolution. Indeed, ID theorists accept not only that complex life has evolved and changed over the course of hundreds of millions of years but that all lifeforms extant today probably descend from a common ancestor. ID does not necessarily support belief in God, though it does lend plausibility to such belief. ID theorists are careful not to identify the "designer" at all. Therefore, rejecting ID does not necessarily mean rejecting an intelligent designer. Nor does it mean accepting evolution. And accepting ID does not mean accepting a divinely created world. Nor does it mean rejecting evolution.

Again, rejecting ID does not necessarily mean rejecting an intelligent designer. It certainly does not mean accepting Darwinian Evolution -- that is, the random mechanism of Darwinian Evolution. It merely means being unconvinced that there is a strong inference to made that there is an intelligent designer, even if one believe that such a designer exists. And accepting ID does not mean accepting a divinely created world. Nor does it mean rejecting the common ancestry of all animals.

See the Discovery Institute's FAQ for more detail.

Keep this in mind while reading a recent article in a Jewish publication and see if the author recognized this. In general, this article's topic is addressed well in Rabbi Slifkin's forthcoming book, The Challenge of Creation. Those interested are directed there.

(You might also want to read the statement on evolution by the RCA and note that it quotes more "significant Jewish authorities" than just R. J.H. Hertz.)


Sunday, June 25, 2006

Antoninus

Antoninus was a close friend of R. Yehudah Ha-Nassi who is mentioned a number of times in rabbinic literature. He was an emperor or some other high Roman government figure. Who was he?

The Doros Ha-Rishonim (vol. 4 p. 816) states that he was Marcus Aurelius Antoninus, and this seems to be accepted by other Jewish historians, such as R. Shlomo "Shir" Rapoport in his Erekh Millin and Yitzchak Hirsch Weiss in his Dor Dor Ve-Dorshav (both cited by R. Aharon Hyman, Toledos Tanna'im Ve-Amora'im [vol. 2 p. 580]). Zechariah Frankel and Heinrich Graetz both accepted this association, although claimed that Antoninus was really close with R. Yehudah Ha-Nassi's grandson, R. Yehudah Nessi'ah, rather than the grandfather. R. Aharon Hyman, (ibid, pp. 580-582) ably refutes this theory.

However, the question remains whether Marcus Aurelius was ever in the land of Israel. Joshua Gutmann, writing in Encyclopedia Judaica (entry for Antoninus Pius: In Talmud and Aggadah), states that "[T]he attempts of scholars to fit these accounts into the historic framework of the period of the Antonines have proved unsuccessful." This was echoed more recently by Dr. Louis Feldman, Jew & Gentile in the Ancient World, p. 572 n. 40: "Attempts to identify 'Antoninus' with any of the Antonine or Severan emperors at the end of the second and at the beginning of the third century have proved unsuccessful."

My unlearned suspicion is that Antoninus was most likely a local Roman official rather than the emperor of all Rome. This would dovetail nicely with the view mentioned here that Antoninus lived in Romi, a place in Israel, rather than Rome in Italy.


Afikei Mayim IVb

As a PS to this post, it was pointed out that I should have mentioned the Rogatchover Gaon, whose volume 3 of Tzofnas Pane'ach on the Torah also has his insights into Moreh Nevukhim. He clearly took the book very seriously. R. Menachem Kasher has a chapter in his Mefane'ach Tzefunos on the Rogatchover and the Moreh.

I was also privileged to have been shown (months ago) an article forthcoming in the Torah U-Mada Journal that shows how the Maharal was significantly influenced by the Moreh Nevukhim.


Friday, June 23, 2006

Prenuptial Agreements

This website has information on the Halakhic Prenuptial Agreement.

However, in a letter printed in the current issue of The Jewish Week, Susan Aranoff of Agunah International argues that the prenuptial agreement does not work (link):
Several agunot have told Agunah International, “My pre-nup wasn’t worth the paper it was written on.” One agunah capitulated to financial extortion after being told by a civil court that the RCA pre-nup was unenforceable. Questions have also arisen about the effectiveness of the RCA pre-nup in California. In a second case, the recalcitrant husband withheld the get for over a year despite having signed a pre-nup. In a third case the husband, who already had a new girlfriend, withheld the get until the agunah submitted to the settlement that he dictated.

None of these agunot received a penny of the $150 daily payment due them as a consequence of the husband withholding the get. The recalcitrant husbands got off scot-free despite having extorted concessions and tormenting their wives.
Granted, Aranoff makes it clear that she advocates R. Emanuel Rackman's method of "freeing" Agunahs (that R. Chaim Jachter critiques in detail in his Gray Matter volume 1). But, setting that aside, is she correct that prenups don't work?


The Ma'apilim

The Ma'apilim are those who went into Israel from the desert despite Moses' warning not to, and they were all killed. Num. 14:44-45:
But they presumed to go up to the heights of the hill country, even though the ark of the covenant of the Lord, and Moses, had not left the camp. Then the Amalekites and the Canaanites who lived in that hill country came down and defeated them, pursuing them as far as Hormah.
R. Elhanan Samet quotes an interesting idea from R. Tzadok Ha-Kohen from Lublin. For some reason, this was included in the Hebrew version (link - RTF) but not the English (link):
ומדברי חז"ל לדברי אחד מן ההוגים הגדולים והמקוריים של המחשבה החסידית בדורות האחרונים - רבי צדוק הכוהן מלובלין בספרו 'צדקת הצדיק' (לובלין תרס"ב) סימן מו. בפסקה זו דן רבי צדוק ביכולתו של האדם לשוב בתשובה אף נגד רצונו יתברך:

על זה אמרו הקדמונים [ודרשו את] מאמר חז"ל (פסחים פו ע"ב) 'כל מה שיאמר לך בעל הבית [שהוא הקב"ה לפי הפירוש הדרשני המוצע כאן] עשה, חוץ מצא' [כלומר: כשהקב"ה אומר לאדם לצאת מלפניו, בל יחזור בתשובה, אין הוא צריך לקבל זאת]. ולא לחינם כתבה תורה עניין המעפילים בפרשת שלח, אשר כבר האמינו בדברי משה [שהרי חזרו בתשובה על חטאם], ולמה לא שמעו לו בזה שאמר להם 'אל תעלו' וגו'? אלא שהם חשבו שזה בכלל 'חוץ מצא'!... ועל זה העפילו לעלות אף נגד רצון השם יתברך, כמו שאמרו ז"ל (סנהדרין קה ע"א) 'חוצפתא - מלכותא בלא תגא' [חוצפה היא מלכות בלא כתר]... והם לא הצליחו בזה, מפני שאכלוה פגה [=תאנה שאינה בשלה, כלומר: פעלו כן מוקדם מדי, שלא בזמן הנכון], וכמו שאמרו ז"ל (סוטה מט ע"ב) 'בעקבתא דמשיחא - חוצפא יסגא' - שאז הוא העת לזה... ולכך אמר להם משה 'והיא לא תצלח', נראה שעצה היא [רצונם לעלות], אלא שלא תצלח, ודייק [משה בדבריו ואמר] 'והיא', שבכל מקום דרשו רז"ל 'היא - ולא אחרת', שיש זמן אחר שמצליח, והוא זמננו זה שהוא עקבי משיחא.

We move from the words of the Sages to the words of one of the great and fundamental Chassidic thinkers of recent times -- R. Tzadok Ha-Kohen of Lublin in his book Tzidkas Ha-Tzadik (Lublin, 1902), no. 46. In this passage, R. Tzadok addresses the ability of someone to repent even against God's will:
On this, our Sages expounded (Pesachim 86b) "Whatever the owner of the house [who is God according to this homiletic interpretation] tells you, do. Except for leaving [in other words, when God tells a person to leave His presence and not repent, he does not have to accept it]. It is not for naught that the Torah recorded the episode of the Ma'apilim in Parashas Shelach, of those who believed the words of Moshe [since they repented from their sin]; why did the not listen to him when he said, "Do not go"? Rather, they thought that this was considered "Except for leaving"!... For this reason they went up early, even against God's wishes, as the Sages say (Sanhedrin 105a): "Chuztpah is a kingship without a crown"... They did not succeed because they ate an unripe fig [they went at too early a time]. As the Sages say (Sotah 49b), "In the footsteps of the messiah, chutzpah will increase" -- that is the proper time for this... Therefore, Moshe said to them, "And this will not succeed." This seems to imply that their plan was a good one but will not succeed. Moshe was precise in his words: "And this." Our Sages frequently expound "This -- but not another." Implying that there is another time when [this type of plan] will succeed, which is our time, in the footsteps of the messiah.


Thursday, June 22, 2006

Newspapers and Blogs

R. Reuven Spolter writes to The Jewish Week about blogs (link):
While I’ve had my period of infatuation with blogs, I’m pretty much done with them. On the one hand, you can look at them as the “pulse” of the community — an opportunity to see what’s “really going on” inside people’s minds. At the same time, they’re also a place for incredible negativity and sarcasm, and seem to feed off of one another in a closed blog world. I’m not sure blogs are a window into broader communities, as much as a window into the blog community.

In any case, anonymity is what blogs are all about. I can complain about you — or anyone else — by name, without endangering myself or going out on a limb in any way. While I may not like that, it is now a part of the Internet — at least until people get bored of it, which should happen sometime this year.

Newspapers, however, have traditionally been different. If you want to be quoted, you’ve got to go on the record, or at least have some type of relationship with the reporter so that the reporter can vouch for the reliability of the speaker. At least someone knows who the “unnamed sources” are...
There's one media report in which I'm glad not to have been mentioned.


The Length of Influence II

Upon re-reading R. Yehuda Levi's subtle condemnation of the Slifkin ban in the Jan/Feb 2006 issue of The Jewish Observer (pp. 50-51; here - PDF), I realized that he quoted a letter of the Chazon Ish that corresponds neatly to R. Aharon Lichtenstein's evaluation in this post. From Chazon Ish (Yoreh De'ah 150), as translated by R. Levi:
It seems that the rule "in Torah matters [in contrast to Rabbinic decrees] follow the more stringent opinion" applies only when none of [the ruling sages] is his rabbi, but if one of the authorities is his rabbi, follow him even [if he is] lenient. And he is called his rabbi if he is close to him and constantly studies his teachings in most commandments.... And this applies both during this authority's lifetime and after his demise, as long as his decisions and instructions are known from his disciples or his books. They may follow their rabbi even [if he is] lenient in Torah matters -- even if the majority disagrees with him, as long as there was no court session, with the authorities discussing the matter face-to-face, deciding the halacha.
It is worth noting, to get an idea of the sensitivity of the readers for which the editors of The Jewish Observer have to account, the following "clarification" of R. Levi's article in the current issue (p. 21):
K'vod HaTorah has always been uppermost on the agenda of Agudath Israel. One may say that it is its raison d'etre. As its official publication, The Jewish Observer is certainly committed to this goal. The article "Halachic Decisions" (JO, Jan.-Feb. '06) called for more tolerance and understanding between groups that have honest disagreements in halacha, ideology or communal practices. Differences of opinion do not justify harsh criticism or violent expression. Some reader interpreted it to imply a dismissive attitude toward Gedolei Yisroel. This was certainly not the intention of the author nor of the magazine, and we truly regret that any such inferences were made.


Wednesday, June 21, 2006

Shomer Shabbos Residency

A doctor I know once told me that any residency can be Shomer Shabbos (Sabbath observant) if you know what you're doing. Then, in conversation, some of the things he would do when he was a resident came up and I was, well, stunned that he considered this to be observing Shabbos.

Now Dr. Daniel Eisenberg has put together a website intended to be a database of information about Shomer Shabbos residency programs (link). I hope that this webpage serves to alleviate the need for residents to break a few rules here and there, hopefully unintentionally.


Freeloaders

My wife pointed this out to me in The Jewish Observer for Feb/Jan '06 (available online here on p. 16):
[I]ndeed, one young married businessman related that even as he supported his brother in kollel, he felt like a freeloader who was taking advantage by sharing in the merit of his brother's learning without working for it!
And this was published as praise! That is the attitude we are producing -- that the majority of Jews should feel guilty for maintaining society.

The Gemara (Berakhos 8a) says about people who work: "Praiseworthy" are you in this world and "It is good for you" in the world to come. How is that freeloading? But I guess only his brother knows that Gemara and he's not telling!


Afikei Mayim IV

In the Likut Kedushas Ha-Torah (ch. 4), Afikei Mayim has a section titled "The Moreh [Nevukhim] Was Only for Those of His Generation". The author then brings quotes from various sources about how we reject philosophy in general, and that of the Rambam in Moreh Nevukhim in particular, and how the Rambam only wrote the book for his generation. When I read this, I was immediately reminded of the Lev Tov expanded edition of R. Bachya Ibn Pakuda's Chovos Ha-Levavos. As an introduction to the first section of the book -- Sha'ar Ha-Yichud, the author of Lev Tov collected many sources that argue that one should not study that section. This is, it seems to me, similar to the what Afikei Mayim did. However, there are two significant differences:

Click here to read more1. The Lev Tov still included Sha'ar Ha-Yichud in his edition and even added two commentaries. However, he did not write his own expansion of the text. This indicates to me that he recognizes that some will rule that it is permissible to read the section and he wanted to accommodate them.

2. The Lev Tov starts off by quoting authorities who disagree and permit studying Sha'ar Ha-Yichud. He then continues with a long list of authorities who forbid it. However, he makes it clear that it is a debate with serious sages on both sides even if the majority (as he sees it) are strict.

For example, on reading the Afikei Mayim one would never know that the Rema wrote the following (Responsa, no. 7):
Even if we say that they prohibited reading all their books [of non-Jewish philosophy], it did not arise in anyone's mind to prohibit all of the books of our sages from whose water we drink. This is so especially of our great master the Rambam, because one certainly need not be concerned that his books contain any false view... Even though some sages disagreed with him and burned his books, his books have disseminated among all the later scholars and they all made them into a crown for their heads to bring proofs from his words like a law to Moshe from Sinai.
Nor would one know that, for example, R. Meir Simcha Ha-Kohen utilizes philosophy extensively (see e.g. the Or Samei'ach to Hilkhos Teshuvah 4:4) and quotes the Moreh Nevukhim 30 times in his Meshekh Chokhmah. The writings of the Maharatz Chajes are replete with references to Moreh Nevukhim. His Mevo Ha-Talmud quotes the Moreh 11 times, and those citations feature prominently in the author's positions. The Malbim's writings also feature quotes from the Moreh Nevukhim. See, for example, his second comment at the beginning of Artzos Ha-Chaim on Shulchan Arukh.

R. Moshe Shapiro's older colleague from the Ponevizher Yeshiva, R. Chaim Friedlander, quotes Moreh Nevukhim 8 times in his Sifsei Chaim on mo'adim and 10 times on emunah u-vechirah, sometimes extensively elucidating Rambam's words.

R. Avraham Grodzinski, the last mashgi'ach in Slabodka, quotes Moreh Nevukhim twice in his Toras Avraham. His brother-in-law, R. Ya'akov Kamenetsky, quotes Moreh Nevukhim also but I did not have the time to count the instances and the index does not include that information. The same for Michtav Me-Eliyahu.

Additionally, I heard in the name of R. Joseph B. Soloveitchik that his grandfather, Reb Chaim, was so familiar with Moreh Nevukhim that he was capable of doing to it what he did to the Mishneh Torah (i.e. elucidating it conceptually). The following story of why R. Moshe Soloveitchik never studied Moreh Nevukhim is worth repeating for, among other reasons, its description of R. Chaim Soloveitchik's familiarity with Moreh Nevukhim. This is from Shulamit Meiselman (R. Moshe's daughter), The Soloveitchik Heritage: A Daughter's Memoir (pp. 109-110):
Reb Chayyim, it was told, became, for some reason, interested in reading the Guide of the Perplexed. A great admirer of Maimonides, he wanted to explore the author's philosophical ideas, which had caused much furor among the rabbis of his time and after... Reb Chayyim read the Guide thoroughly and then began to reread it. Father [Reb Moshe], noticing his father's great interest in the book, became intrigued and curious. He, too, wanted to explore the Rambam's ideas and decided to read the book. Moshe's sudden interest in the Guide did not meet with his father's approval. "Why are you so enmeshed in this book? Don't you know that our rabbis have banned it?"

"I saw you all wrapped up in it, so I concluded that if it merits your attention, then I too may find it worthwhile," was Moshe's reply.

"I must answer you with a parable," relpied Reb Chayyim. "When does a doctor prescribe castor oil to a patient? When one is sick, it cleans the digestive system. If, however, a healthy person swallows some castor oil, then the opposite happens; he becomes sick. The same applies to the reading of the Guide. You are healthy in both mind and body. Your beliefs are unswerving; you don't need the Guide. I don't want you ever to read the book. Promise me."

"I promise," was Father's reply. He hearkened to his father's voice and never again attempted to examine the contents of the Guide. Even years later, when his children were attending the university and the book was part of the family library, Father never touched it. Father always kept a promise.
Ha-levai we should be "sick" like Reb Chaim.

(See also these posts: I, II, III)


Tuesday, June 20, 2006

It's Coming


Age of the Universe

I received this via e-mail from R. Daniel Eidensohn, with permission to post:
This Shabbos (June 17, 2006) I had the opportunity to ask Rav Shmuel Kaminetsky about the issue of the age of the universe. As some of you are aware, the issue is heating up again. There are some who would claim that Rav Shmuel has changed his position on the matter or deny that he ever permitted belief in a greater than 6000 year old universe. I had only a short time to speak to him so I limited myself to this issue.

I asked him, "Is it permitted to believe that the world is more than 6000 years?"

He responded that it was permitted since we don't have a clear understanding of the view of Chazal in this matter. He supported this assertion by citing a number of medrashim e.g., that there were worlds before this that were created and destroyed. Consequently we simply don't know how much time the original process of creation took. I mentioned that there are gedolim who have asserted that since the majority of gedolim reject the view that the world is more than 6000 years old that is is kefira to assert such a position today. He said he was aware of such an assertion but disagreed with it. He noted that in fact the discussion about the age of the universe is not a new topic. He said that Rav Avraham ben HaRambam disagreed with the approach of these gedolim and that after Techiyas HaMeisim these gedolim would have to explain to Rav Avraham ben HaRambam why they disagreed with him.

In sum, I have recently asked two gedolim [Rav Shmuel and R. Yisroel Belsky - GS] about whether it was permitted to believe that the universe is more than 6000 years old and both unequivocally responded that it was permitted. Both based themselves on
the fact that we don't have an unambiguous mesora regarding the meaning of relevant statements of chazal and rishonim. Both of them also acknowledged that the majority of gedolim today disagree with them.

Daniel Eidensohn


Monday, June 19, 2006

Sociology and the Evolution of Halakhah

R. Aharon Lichtenstein, "Of Marriage: Relationship and Relations" in Tradition 39:2 (Summer 2005), p. 25:
We, for our part, are confronted by a quandary of our own; and it is dual. At one plane, we ask ourselves, within the context of our learning -- it is Torah, and we must learn -- a simple and straightforward question. In light of the predominant evidence we have noted from Hazal and, particularly, its halakhic component, how and why did Rambam, Ramban, and some other rishonim, deviate so markedly from their prevalent attitude?...

The allure of facile historicistic solutions -- in our case, of ascription to Sufi or Scholastic influences, regarding wordliness, in general, or sexuality, in particular -- is palably self-evident. In dealing with giants, however, we strive to avoid succumbing to its alluring temptations.

To be sure, post Hazal gedolim, rishonim, or aharonim may be affected by the impact of contact with a general culture to which their predecessors had not been exposed and to whose content and direction they respond. Upon critical evaluation of what they have encountered, they may incorporate what they find consonant with tradition and reject what is not. In the process, they may legitimately enlarge the bounds of their hashkafa and introduce hitherto unperceived insights and interpretations. No one questions Aristotle's impact upon Rambam or Kierkegard's upn the Rav. In our case, however, we are seemingly dealing with apparent contravention rather than nuanced accretion; hence, while we may assign some weight to the historical factor, this will hardly suffice, and we must entertain other factors as well, seeking resolution in other directions.


Are You Coming?

A reply card to a bar mitzvah invitation I recently received. Funny enough, the parents aren't BTs*. Just some FFBs* with a little personality.




BT = Ba'al Teshuvah, someone who was raised non-observant but becomes observant
FFB = Frum From Birth, someone who was raised observant


Sunday, June 18, 2006

Truth and Torah

A commenter recently suggested that posing a question to the Torah based on science is insulting to the Torah (a bizyon ha-Torah). That is a legitimate view, but one that I find hard to accept. Consider the following story about R. Ya'akov Kamenetsky, told by his son-in-law R. Yisrael Shurin (Emes Le-Ya'akov al Ha-Torah, introduction):
One of the top students in the Slabodka Yeshiva (who later became a famous rosh yeshiva in America) had a student who was very knowledgeable in general studies. This student once asked a question on a Tosafos from the map. This was on the topic (sugya) in Gittin about a narrow strip that protrudes from Akko. The learned student, whose ear was pained by this question, immediately stopped teaching this student. He complained to R. Ya'akov: "How can one learn with someone who asks questions from the map?" R. Ya'akov answered him: "The map must be consistent with the topic. If the topic does not correlate with the map then this a serious question and we must answer it." R. Ya'akov sat and toiled until he answered all of the questions. This is the power of the truth.
If, and this is a big if, the science in question is true, then of course Torah must correspond to it. Truth is truth, regardless of whether it comes from scientists or sages.


Friday, June 16, 2006

The Jewish Standard on Blogs

Jewish Standard articles on blogs:
JIBs won by Hirhurim:
Mentions of Hirhurim in said articles:
3 (I, II, III)
3
0


I should add that I grew up reading The Jewish Standard and my parents still read it every week. I guess they should subscribe to The Jewish Press instead.

(For those who are going to tell me to get over myself or stop kvetching, I heard that someone in the Five Towns is going to start a sense of humor Gemach. Maybe you should look into it. I'm in a light-hearted mood, which last time I checked isn't a crime. So why don't you get over yourself? Huh? Ever think of that? Maybe I'm also in a defensive mood, but that's OK. It's Friday afternoon and Shabbos is almost here. So let's rejoice and go shopping.)


The Role of Art and Creativity

ATID is hosting a collection of articles on the role of art and creativity in the writings of Rav Kook: link


BTs and Egyptians

How are BTs like Egyptian and Edomite converts? Only the third generation can enter the mainstream community (see Deut. 23:9 and Yated Neeman's Ask The Shadchan).


Afikei Mayim III

The Afikei Mayim quotes a famous responsum from the Rivash (447):
Even though the master of blessed memory [Rambam] was wise in the wisdoms of medicine and science, and was an expert surgeon, we do not live from the mouths of nature and medicine. We rely on our Sages even when they tell us that right is left because they received the truth and the explanations of the mitzvah man from man directly from Moses. We do not believe the wise men of the Greeks and Arabs because they only spoke based on their conjectures and experimentation...
This is a powerful quote that advocates tradition over science. However, is it normative? The Rivash, and the Rashba (Responsa 1:98), dealt with issues where contemporary science contradicts explicit Talmudic science. According to both of them, we ignore science and rely on our Sages. Either the scientists witnessed a miracle (cf. Shakh, Yoreh De'ah 57:48) or are lying (cf. Responsa Chakham Tzvi 77).

However, some have suggested (e.g. R. Yehuda Levi, The Science in Torah p. 100) that the Rashba and Rivash were only discussing laws that received from Sinai. On other issues, we might rely on science. Additionally, some suggest that they were only discussing scientific conclusions that are suspect (e.g. Iggeros Moshe, Choshen Mishpat 3:73). However, today experiments can be carefully controlled and many (but certainly not all) scientific conclusions are ironclad. The Rashba and Rivash would agree in such cases to follow science.

If that is the case, then one wonders what the point of the Afikei Mayim is in bringing the quote from the Rivash unqualified, as if circumstances have not changed and the quote is not all-encompassing. If not, then we have a further problem. If we accept the Rivash and Rashba at face value, then contemporary posekim have rejected their strident stance.

Terms like "nishtaneh ha-teva" (nature has changed) are frequently utilized to explain how contemporary conditions differ from Talmudic statements about nature. Thus, for example, the Bach (Responsa, 100) ruled that a woman does not menstruate from the day she becomes pregnant, rather than the third month of pregnancy as stated by the Gemara (Niddah 8b). More recently, the Shevet Ha-Levi (3:141:3) ruled that a baby born in the eighth month is viable. Do not tell me, he writes, that this disputes what the Sages said, because our eyes see that they can survive. The Sages must have spoken of their time but our times are different. According to a strict reading of the Rashba and the Rivash, we would have to say that doctors are lying to us about babies in the eighth month surviving. Similarly, R. Shlomo Zalman Auerbach (Minchas Shlomo 1:34) ruled that, despite the Gemara's conclusion that someone who is deaf but not mute is not functionally intelligent (bar da'as), the times have changed and he now is. He said this despite the Divrei Malkiel's statement that the Gemara's rule is a halakhah le-Moshe mi-Sinai that must even be followed today. The Divrei Malkiel, evidently, followed a strict interpretation of the Rashba and Rivash and concluded that we must say that those who contradict the Gemara are lying. R. Shlomo Zalman Auerbach disagree.

It is also worth noting that the Rambam in general disagreed with this position of the Rashba and Rivash. See the Iggeros Moshe cited above and R. Nachum L. Rabinovitch's essay in Fred Rosner and Samuel Kottek eds., Moses Maimonides: Physician, Scientist, and Philosopher.

(See also these posts: I, II)

UPDATE: See this article by R. David Horowitz about the Rashba's attitude to science.


Thursday, June 15, 2006

Yated on the Age of the Universe


Is There A Jewish Position On Immigration?

A reader forwarded to me this letter by Dr. Marc Shapiro to The Jewish Week (link):
Is There A Jewish Position On Immigration?

Immigration, both legal and illegal, will continue to be an important issue in the political life of this country, and various interest groups have flexed their muscle on both sides of the debate. To no one's surprise, the liberal Jewish establishment has weighed in with strong opposition to any real cracking down on illegal immigration. This pro-immigration stance is not, in and of itself, a "liberal" position. For example, The Wall Street Journal has long advocated abolishing all immigration restrictions. What is significant with regard to many in the Jewish community, however, is that as with a number of other issues its leaders lobby for, they have sought to portray their stand as the "Jewish approach," the one in line with Jewish tradition and values.

Are these Jewish leaders correct? Are support for lower levels of immigration and attempts to halt all illegal immigration contrary to the values formulated over history by Jewish thinkers? The answer is clearly "No." This is not to say that Jewish tradition doesn't leave open the option of supporting liberal immigration policies, for indeed it does. But Jewish tradition also has a long history of granting citizens the right to adopt restrictive immigration policies, so much so that it is preposterous to argue that those who advocate more restrictive immigration legislation are adopting an un-Jewish position.

Click here to read moreIn medieval times, an era of real Jewish communal authority, Jewish communities were forced to deal with the issue of wanderers who wished to settle among them. It is understandable that many of the Jewish townspeople endeavored to ban entry to those of their co-religionists who could have provided economic competition. What is relevant today is not the economic wisdom of this step, but rather the response of the leading Jewish scholars who also served as the communal legal authorities.

Throughout virtually all of Europe, these scholars granted communities the right to control settlement. By doing so they established an important principle, namely, that local residents alone should determine who should live with them. This system became known as herem ha-yishuv ("ban on settlement"), and the standard practice in most Jewish communities was a closed-door policy. Strangers could usually stay for a short while, but were not permitted to settle permanently. Generally, the only people given settlement rights were rabbis, students, wealthy people and refugees, the latter two on the proviso that they not engage in business.

In medieval times, the major concerns regarding settlement were economic. Yet once the principle of herem ha-yishuv was established, the details and justification could change with time. Indeed, we find that economics was not the only concern. For example, Rabbi Judah the Pious, a famous 12th-century German scholar, discussed instituting a herem ha-yishuv because of doubts about the moral standing of prospective immigrants.

Extrapolating to contemporary times, one would certainly be within the realm of Jewish tradition if one instituted a herem ha-yishuv in order to ensure that a nation's language or culture not be diluted through indiscriminate immigration. (Whether this is smart economic or social policy is another matter irrelevant to this discussion.) What is relevant is that a modern herem ha-yishuv would fall squarely within the Jewish tradition that residents of a place have the right to determine their own self-interest, including who should be allowed in and who should be kept out.

It is true that in cases of persecution or where there is danger to another's life, there is a moral obligation to open one's borders, but barring such hardship most Jewish thinkers say there is no obligation.

There were, to be sure, some important medieval sages who believed in complete freedom of trade and travel and therefore opposed the herem ha-yishuv. Yet a simple reading of their statements shows that such arguments could not be used to support contemporary arguments for open-door immigration. Those rabbis who opposed the herem ha-yishuv left no doubt that they were only referring to individuals who could pay taxes and assume their rightful share in communal obligations. It is only these people who could not be refused entry into a city.

In the entire history of Jewish legal thought, it is nowhere stated that a community is obligated to allow entry to one who will not contribute his share in taxes or will become dependent on public assistance. Indeed, as noted, it is clear from the sources that such people were, as a rule, not permitted to settle in new communities. As the Talmud puts it, the local poor take precedence over others since it is simply impossible to help everyone. The implications of this with regard to immigrants who come to the U. S. in order to benefit from free public services (schools, hospitals, etc.) are obvious.

As is often the case, Jewish tradition offers a variety of options to deal with difficult social problems, but it does not offer a conclusive solution. Both opponents and advocates of liberal immigration policies will be able to find support for their positions in Jewish tradition, but neither side has the luxury of believing that it alone advocates "the Jewish position."

Marc Shapiro holds the Weinberg Chair in Judaic Studies at the University of Scranton.


Amulets

The Rambam writes in Moreh Nevukhim (1:61):
You must beware of sharing the error of those who write amulets. Whatever you hear of them or read in their works, especially in reference to the names which they form by combination, is utterly senseless; they call these combinations names and believe their pronunciation demands sanctification and purification and that by using them they are able to work miracles. Rational people ought not to listen to such men nor in any way believe their assertions.
In other words, amulets: no good. However, the Rambam rules in Mishneh Torah, Hilkhos Shabbos 19:14:
One may go out [on Shabbos where there is no eruv] with a tested amulet. What is a tested amulet? One which has cured three people or which has been made by a person who has cured three people by means of other amulets.
In other words, amulets: good. How can we resolve this apparent contradiction? R. J. David Bleich offers the following three possible resolutions ("Maimonides on the Distinction between Science and Pseudoscience" in Fred Rosner and Samuel Kottek eds., Moses Maimonides: Physician, Scientist, and Philosopher, pp. 253-254 n. 3:Click here to read more
This contradiction might perhaps be resolved by positing that Maimonides accepted the ruling of the sages regarding entering a public thoroughfare on Shabbat while wearing the objects described in the Mishnah, Shabbat 60a, even though he regarded them as devoid of any therapeutic efficacy. Maimonides might have assumed that the sages ruled in this manner because, since the masses accepted their efficacy, albeit erroneously, such items acquired the status of articles of clothing or of ornaments simply by virtue of being customarily worn as a cure or prophylaxis. See Rashi, Shabbat 60a. Alternatively, Maimonides may have regarded the practice as being permitted because, in light of the fact that the items in question "are not carried in the usual manner," no transgression of a biblical prohibition is involved. See Teshuvot ha-Radbaz, Le-Leshonot ha-Rambam, V, nos. 63 (1,436) and 153 (1,526); and the comments of the interlocutor as reported in Teshuvot Shemesh Zedakah, no. 29. Since no biblical prohibition is entailed, and since the masses were desirous of wearing amulets because of their misplaced beliefs regarding therapeutic properties ascribed to such amulets, the sages did not choose to disturb the practice with an interdiction against wearing them on the Sabbath.
In short: 1. Wearing an amulet is not carrying but wearing clothing, 2. It is not biblically prohibited and the Sages permitted the rabbinic prohibition that would otherwise be involved. However, R. Bleich rejects these two suggestions without explanation and proposes a third.
Those explanations, however, are entirely unlikely. However, another resolution of Maimonides' conflicting comments does suggest itself. In context, Maimonides' comments in the Guide occur in the course of a discussion of the various names of God and indicate that only the tetragrammaton is the nomen proprium of the Deity, while all other appellations are simply reflective of divine attributes indicating the relationship of certain actions to Him but are in no way reflective of the divine essence. Moreover, Maimonides insists that all divine attributes are negative in nature and designed to negate the possibility of certain actions or qualities but tell us nothing of the nature of Deity in a positive sense. Maimonides' critical comments concerning amulets may, then, have been directed only against writers of amulets containing various divine names or various combinations of divine names and their ascription of supernatural properties to those names. Since Maimonides denies that those divine names define the essence of the Deity, he categorically rejected the efficacy of amulets employing such names. Those names neither reflect the essential nature of the Deity nor do they reflect His qualities or attributes in any positive sense. Thus they cannot conceivably be endowed with any mystic power... The amulets described in the Talmud, to which he refers in Hilkhot Shabbat, may well have been of an entirely different nature. Their nature is, of course, unknown to us. But those amulets, when demonstrated to have been efficacious, were accepted by Maimonides and their curative power acknowledged by him.
In other words, amulets with God's name: bad. Amulets without God's name and with proven curative powers: good.


Wednesday, June 14, 2006

Stories of Yeshiva College


My article from the front page of this week's The Jewish Press (link):
It was over a decade ago and the large Yeshiva University beis medrash was full of books and tables, but only a few students. It was time for college classes and, at that time, the kollel learned in a different building.

The main beis medrash was never completely empty, but at certain times it came close. I was cutting class and learning in the beis medrash when a thirty-something chassid walked in, looked around, came up to me and innocently asked, "Es dos a yeshiva oy a college?" – "Is this a yeshiva or a college?"...

Continued here. And the book is available for purchase here.


Tuesday, June 13, 2006

Darkei Emori Gemach

From the Kallah Magazine blog:
The following appeared in a 5 Towns posting:

“I have a small ruby gemach. It is a segula for pregnant women to wear a ruby to prevent a miscarriage.. . Check with your local Rav for sources. If you would like to donate any ruby jewelry or money so we can expand the gemach you can call the same number. Thanks! Tzklu’ l’mitzvahs!”

...To give the poster credit, though, there is the suggestion to contact your Rav. I know of at least one rabbi in town who would tell you that such a thing is absurd. But perhaps it would work as far as the placebo effect does, which may have a calming effect, which is good to lower blood pressure. High blood pressure does endanger some pregnancies.
Note that there are some who are able to differentiate between this practice and that forbidden in Tosefta Shabbos 7:1 or conclude that we rule against that source, although I'm not sure based on what. According to them, as R. Aharon Lopiansky wrote (link), "this still does not make this a commendable practice, but rather a tolerable one."


Metzitzah Be-Feh Regulation

From the Albany Times Union:
Rabbis, State Sign Health Rules For Metzizah B'peh Circumcision Ritual

Albany, NY - Commissioner Antonia Novello, in a pink suit and gold jewelry, and a sea of rabbis with long beards, black suits and hats signed a new protocol Monday that attempts to respect both an ultra-Orthodox Jewish ritual and public health concerns...

The new state guidelines require mohels, or anyone performing metzizah b'peh, to sanitize their hands like a surgeon, removing all jewelry, cleaning their nails under running water and washing their hands for up to six minutes with antimicrobial soap or an alcohol-based hand scrub.

The person performing metzizah b'peh also must clean his mouth with a sterile alcohol wipe and, no more than five minutes before it, rinse for at least 30 seconds with a mouthwash that contains 25 percent alcohol.
The circumcised area must be covered with antibiotic ointment and sterile gauze after the procedure.

In addition to the rabbinical policies, the state Health Department also added neonatal herpes to the list of diseases health care workers are required to report to state officials.

If a baby who underwent metzizah b'peh does contract herpes, the mohel, the infant's parents and health care workers will be tested. If the mohel has the same viral strain as the baby, the mohel will be barred from conducting any future circumcisions.
(link)


Monday, June 12, 2006

Tearing Clothes Over the Cities of Judea

R. Joseph B. Soloveitchik said ("Mah Dodekh Mi-Dod" in Divrei Hagus Ve-Ha'arakhah, p. 89) that his uncle's, the Brisker Rav's, reason for being a non-Zionist was that there was no place in his halakhic thought for the concept of a secular Jewish state. I think R. Moshe Feinstein (and others) would disagree with this evaluation presented in the name of the Brisker Rav.

The Gemara (Mo'ed Katan 26a) states that one who sees the cities of Judea (in destruction) tears his clothes like one does for a deceased relative. But does this still apply when these cities have been rebuilt and settled by Jews? The Beis Yosef (Orach Chaim 561) suggests that perhaps since the cities are still in the hands (i.e. control) of non-Jews, we still tear for them. The Bach (ad loc.) makes the point stronger, and the Magen Avraham, Taz and later posekim follow this approach. Thus, a thriving Jewish city that is under the sovereignty of an Arab country would still require tearing.

What about the cities in Judea today? In 1979, R. Moshe Feinstein answer this in a responsum to R. Ephraim Greenblatt (Iggeros Moshe, Orach Chaim 4:70:11). He answered that one should tear for the cities that are under the control of non-Jews. Which cities in Judea are still under non-Jewish sovereignty? Didn't Israel conquer them in the Six Day War?

R. Shlom Goren (Torad Ha-Medinah, pp. 106-108) points out that, technically, Judea and Samaria are not under Jewish sovereignty because Israel never annexed them after conquering those territories. Technically, they are under Jordanian or international law. R. Goren then proceeds to argue that, despite this, since the Israeli army functionally controls the area, it is under Jewish rule and therefore one would not need to tear one's clothes over the cities.

R. Moshe Feinstein, however, rules that one must tear one's clothes. Presumably, then, he holds that because they are technically under non-Jewish sovereignty (not secular Jewish sovereignty but non-Jewish), one must tear clothes over them. If, however, they were part of the state of Israel, then one would not tear one's clothes.

(He could, alternatively, define "under the control" by referring to the majority population. Thus cities in that region with a non-Jewish majority would be "under the control" of non-Jews even if under a Jewish sovereignty. I am not sure how this would work within the Beis Yosef's and Bach's paradigm.)


Yeshiva Tuition

Mrs. Zlata Press, in Prospect Park Yeshiva Alumnae News 2006, p. 5 in response to a complaint about tuitions and how hard it is to make ends meet:
[QUESTION:] ...My second question is, "WHERE IS THE INCOME IN THE YESHIVA GOING TO?" Even in a class of 30 where there is $6,000 in tuition, no teacher that I know of makes anywhere near the $180,000 that supposedly is coming in. How is the money being apportioned? I would very much like to see the expense accounts of Yeshivas. Where is the money being spent/wasted? Is the money going into the hands of a few? Why do all Yeshivas have a closed-book policy? Why does not ONE Yeshiva open up its books for the public to look at? Are they hiding something?

Click here to read more
[ANSWER:] ...So where is all the money going to? First of all, 30 students are not each paying $6,000. When three siblings attend one school, parents are not charged full price for each child. A few children in the class are paying minimal tuition. Unemployment, illness, single-parenthood, real cash-flow problems afflict many in our community. Families owe tens of thousands of dollard. Some of that money will never be collected. The school writes off lareg unpaid tuition bills not infrequently. Yes, the school is collecting aggressively. High school students are sometimes not given programs and books before a significant payment is made. (How do you feel about that?) School administrators need chochmas Shlomo and a heart of gold and of stone at the same time to collect tuition.

A few people dishonestly avoid paying when they can afford to but no one in the financial end of chinuch thinks that that is the norm. (Dr. Marvin Schick, president of R.J.J. and an osek b'tzarchei tzibur par excellence, wrote a moving study of the financial hardship felt by Jewish schools across the country.) I asked Rabbi Leib Kelman your question. He told me that this past year tuition coming in and salaries going out (teachers, administrators, guidance personnel, maintenance staff) just about equaled out. (Salaries constitute about 80% of expense.) On top of salaries, the school has significant expenses for utilities, supplies, insurance and building maintenance.

I asked Rabbi Kelman your question about "closed books." He said that board members review a detailed financial report of income and expenses every year. If Prospect Park is hiding anything as you asked, it is probably hiding the identitiesof your lovely, upstanding middle-class neighbors who are sorely in arrears in tuition payments!
I think it's great that Mrs. Press allowed the question to be published and wrote a lengthy, caring and honest response. I just still wonder why at least summary financial statements are not made available. Then again, unaudited statements are... unaudited. And paying for an accountant to audit the school's finances is no small expense.


Friday, June 09, 2006

Talmud Criticism

R. Hershel Schachter on the prevalent forms of academic study of the Talmud (link):
There are individuals who consider themselves Orthodox who believe that at one time the Jewish people did have a Divine Torah, but the amoraim misunderstood the tannaim, the rishonim misunderstood the Talmud, and the achronim misunderstood the rishonim. “But don’t get me wrong,” they would say “– I’m Orthodox! And therefore I feel that the laws of the Shulchan Aruch are all binding, even though I think everything is in error.” This is not the Orthodox position. If one is really convinced that a certain psak is really in error, he is not permitted to follow it.[2]

[2] It goes without saying that when evaluating a psak, one must factor in any discrepancy between his own knowledge and qualifications vs. those of the posek espousing the psak in question, and what such a discrepancy may indicate regarding which person is the one who is in error.


Thursday, June 08, 2006

Dairy English Muffins

The OU clarifies why dairy English Muffins do not violate the rabbinic prohibition against dairy bread (Daf HaKashrus, June '06 - PDF):
Investigation shows that the dairy component in English muffins is in fact batel b’shishim and the muffins are in fact pareve – thereby avoiding the issur to produce dairy bread – but would nonetheless be labeled OU-D based on concerns of bitul issur l’chatchilah and technicalities as to how the OU certifies companies.


Medical Halachah Blog


Wednesday, June 07, 2006

Chalav Yisrael II

R. Yosef Eliyahu Henkin, Kisvei Ha-Gri Henkin, vol. 2 p. 57:
Regarding Chalav Yisrael: According to the Shulchan Aruch it is a very strict matter. However, since there is an obligation to the government many are lenient, and so it is said in the name of the Chazon Ish. Therefore, even those who are strict, are lenient on the utensils and particularly with family members. Also, butter is more lenient than milk. But if one wishes to be strict he must say "b'li neder" because it relates to issues of vows.
(See also this post)


Afikei Mayim II

As discussed in an earlier post, a new book titled Afikei Mayim on Shavu'os has been recently published, and in it a pamphlet titled Likut Kedushas Ha-Torah that seems to be directed against R. Natan Slifkin. In chapter 3 of that pamphlet (p. 38), the author quotes from a responsum of the Rashba (1:9) in which he decries allegorizing verses based on philosophical conclusions. In footnote 52 to that citation, the author quotes a responsum of R. Tzvi Ashkenazi (Chakham Tzvi 77) in which this view of the Rashba is quoted and accepted. Bizarrely, though, the quote from the Chakham Tzvi is cut off at precisely the crucial point -- where the Chakham Tzvi qualifies the Rashba's hesitance to allegorize verses based on R. Sa'adia Gaon's conditions for when allegorization is permitted. In other words, the Chakham Tzvi tells us when allegorization is acceptable, entirely contrary to the implication of the partial quote that seems to say that it is never acceptable. Here is a more complete quotation from the Chakham Tzvi:
ומה שביקש להוציא דברי הזוהר הברורים בדרך משל ומליצה כבר הורונו אבותינו ורבותינו הקדושים שאין להוציא שום דבר מדברי תורה מפשוטו אפילו בתורה שבכתב הסתומים וחתומים כאמרם ז"ל (שבת סג, ע"א. וש"נ) אין מקרא יוצא מידי פשוטו, וכמה חרה לאביהן של ישראל הרשב"א ז"ל בתשובה תי"ד, תט"ו, תט"ז על המוציאים מקראות מידי פשוטן עד כי יצא הקצף מלפניו להכותם עד חרמה, ולא בדברי המצוות ויסודות התורה לבד אלא בכל התורה כולה, כי לא נתנה התורה דברי' לשיעורין וזה יסוד כל התורה וכל הנביאים כולם אם לא במקום שדוחק אותנו החוש או המופת המכחיש פשוטו או שהמקראות סותרין זה את זה וכמ"ש רבנו סעדיא גאון... א"כ, בנידון דידן שאין בו אחת מכל הד' טענות הללו, אדרבא ארבעתן יחד מסכימות לפשוטו של דבר, שאין להוציא דברי הזוהר מפשטן ומשמען, ואם דברי הזוהר במקום שהוא מדבר בעליונים וגבוה מעל גבוה סתומים וחתומים באלף עזקאין, אבל בשאר הענינים דבריו כפשוטן כמו שהיא בכל התלמוד ובמדרשי רז"ל, וזה פשוט.
The text from which I cut-and-pasted the words of the Chakham Tzvi omitted the paraphrase from R. Sa'adia Gaon. As I summarize here, R. Sa'adia Gaon's position is that verses may be understood as being purely allegorical if they fulfill any of the following four conditions: 1) the plain meaning contradicts the senses (and, I think, science); 2) it is repudiated by logic; 3) it is contradicted by other verses; 4) it is opposed by the oral tradition.

The Chacham Tzvi's acceptance of R. Sa'adia Gaon's position as normative is, I believe, contrary to the intent of the Afikei Mayim.


Tuesday, June 06, 2006

Can Gedolim Make Mistakes?

Rambam, Mishneh Torah, Hilkhos Melakhim 5:9:
Machlon and Kilyon were two Gedolei Ha-Dor and because of a great trouble they left [Israel] and were deserving of Divine destruction because of it.
Note, though, that according to the Rambam they did not violate a prohibition but merely a praiseworthy action (midas chassidus). Nevertheless, for people of their stature, this was a terrible mistake that merited early death.

UPDATE: I concede that this Rambam is a bad example, but it reads great in Hebrew.


Monday, June 05, 2006

Miracles in Halakhah

In a prior post, I quoted R. Joseph B. Soloveitchik as writing, "The Halakhah is completely integrated with the natural process. It never takes cognizance of any causalistic anomalies." Following up on that, I hope to address in this post the role of miracles in halakhah. Note that this is not arguing that miracles do not occur. Rather, the claim is that halakhah is about the natural world and does not allow miracles into its functioning.

1. The Mishnah (Yevamos 121a) discusses the case of a man who falls into water. Is that sufficient to assume that he died and his wife may remarry? The initial view in the Mishnah is that it is not sufficient. R. Meir adds that there was once a man who fell into water and emerged after three days. Clearly, then, a man falling into water and remaining there for days does not mean that he did not die.

The Gemara (121b) states that the Sages said to R. Meir that we do not take into account miraculous events. The ensuing discussion makes it clear that even R. Meir would agree to this, but could conceive of a non-miraculous way of a man to survive lost at sea for three days.

The upshot of this is that we do not assume that since a man could miraculously survive any particular scenario that we must therefore not be convinced that he has died. We simply do not take miracles into account in halakhic decision-making.

2. The Gemara in Makos (5a) says that if eidim zomemim (witnesses who testify that other witnesses are lying) say that witnesses were with them in one place in the morning and they were testifying that they saw something in another place in the evening, we check to see if the witnesses could have traveled that distance in the necessary time to have been with the eidim zomemim and still witness what they claimed to have seen. But, the Gemara asks, this is obvious! However, one might have thought that we account for the possibility of a super-fast ("flying") camel through which the witnesses could have traveled the long distance and this comes to tell us that we do not. In other words, we again see that we do not take miracles into account in making halakhic evaluations.

3. However, the Gemara in Yevamos (116a) relates the case of a get (divorce document) with an unusual name that was written in one place and the only person with that name was witnessed to be in another place on the day the get was written. Are we concerned that this get might be good? Rava says that we are concerned because he might have a super-fast camel, or have jumped from one place to the other (Rashi: using the name of God), or started proceedings in his place that continued elsewhere. The implication here is that we do take into account miracles in regard to the status of a get. (Cf. E. Urbach, The Sages, p. 113)

Tosafos (ad loc.) offer two explanations for this difference. Rabbenu Tam says that regarding a get, it is plausible that an estranged husband would go to extreme lengths to hurt his wife. However, there seems to be no reason why a potential witness would go to such lengths. Rabbenu Menachem says that witnesses should have said that they experienced a miracle and, since they did not, we can assume they are lying. According to these two views in Tosafos, we take miracles into account when appropriate.

However, the Raavad II (R. Avraham Av Beis Din, father-in-law of Raavad III) is quoted as explaining that the miracle is not really a part of the Gemara's conclusion; it was really focusing on the husband having started the proceedings elsewhere. This position is accepted by the Ramban, Rashba, Ritva, Tosafos Rid and Nimukei Yosef. According to the Gra, cited in the margin of the Vilna Shas, this is the position of all authorities other than Tosafos. Thus, the consensus seems to be that miracles are not incorporated into halakhah.

4. Prof. Saul Lieberman (Greek in Jewish Palestine, p. 110) points out that according to Resh Lakish in the Jerusalem Talmud (Nazir 8:1), a man can claim that he had relations with a woman because of sorcery (keshafim). However, the Babylonian Talmud (Yevamos 53a-b) seems to reject that claim by ommission. Once again, the accepted halakhah does not take supernatural considerations into account.

5. The Mishnah (Berakhos 54a) records an obligation for a person to recite a specific blessing upon seeing a place where a miracle occurred to him. Does this imply that halakhah acknowledges miracles? This is where things start to get confusing. There is actually a debate among medieval authorities whether the blessing is to be recited on miracles that deviate from "the way of the world" or not. This would seem to be a debate over whether the "miracle" of the Mishnah is just an unlikely event or something entirely supernatural. However, none of the examples given are of what we would call supernatural occurrences. For example, the Avudraham, which the Beis Yosef (Orach Chaim 218) quotes partially, includes the miracle of Purim as one that is not in "the way of the world." Why? Because the king's decree was reversed, contrary to Persian law, and because Achashverosh killed almost 8,000 of his own people out of love for Esther. That does not sound like a supernatural event to me. The Magen Avraham (218:11) gives the following example as a miracle that is not in "the way of the world": a wild lion or camel attacks you and you survive.

It seems from this that even those who hold that a miracle must be out of "the way of the world" still does not define a miracle as something supernatural, which dovetails nicely with the above. (On this issue, R. Reuven Ziegler directed me to the following article by R. Gerald Blidstein: "Al Ha-Nes Ke-Musag Hilkhasi" in Da'as, 2003)

Let's close with the Mishnah Berurah's words (218:32):
Even if the salvation was not beyond nature, since he was in danger would this salvation not have appeared it is called a miracle and one is obligated to thank and praise the Creator for arranging the salvation at this time.
That seems to be precisely R. Soloveitchik's point in the prior post.


Metzitzah Be-Feh Again

A new issue of Hakirah has just been published. In it, Dr. Shlomo Sprecher writes about metzitzah be-feh. I haven't read it yet, but I'm sure the article is great. It is available for download here.


Sunday, June 04, 2006

R. Yisrael Salanter on Aggadata

From The Musar Movement by Rabbi Dov Katz (English translation), pp. 301-302 n. 2:
See S. Mark, op. cit., pp. 88­90. The author also relates that Prof. Hermann Helmholtz, the famous philosopher and scientist, evinced an interest in meeting R. Israel, and an animated conversation took place between the two of them. Helmholtz seized the opportunity to express his surprise that the Talmud, which is built on such solid and logical foundations should have given space to such legends which sound like fanatical and outlandish fantasies, such as the stories of Rabbah bar bar Chana, which tell of a bird standing in the sea, with the water reaching up to its feet, and its head to heaven (Baba Batra 73b). R. Israel answered by using an analogy: They were living in 1871, after Germany had won its great victory over France. The King of Prussia had been crowned Kaiser of all Germany. His emblem was an eagle. Previously it had been one-headed; now it had become two-headed. Hundreds of poets and authors had celebrated the event in diverse forms. He himself had read a poem in which the author had given a description of the glory of modern Germany in these terms: The great German eagle had one head reaching out to Memel and the other to Metz; its one wing tip touched Kiel and the other Badensee. They knew the reference. The poet had described how far German territory now extended in all four directions. Now, the professor could imagine to himself that 600 years hence ­ when no one would remember how Germany had been fragmentized in principalities and the metaphoric description of the rise of the monarchy someone would find a story of a two-headed eagle with wings extending some 300 miles in some library. Would he not express the same opinion as the professor had on the stories of Rabbah bar bar Chana? Obviously, just as they understood the import of the two-headed eagle, so did the people of those times understand the implications of those stories, which were certainly richer in content than the mere description of an eagle. It was because the present was so far removed from that epoch that the description seemed so absurd to them. Similar approaches had to be adopted towards the other Aggadot of the Talmud as well. The reply is characteristic for R. Israel, and shows his rationalistic bent.


Man and Beast

Man and Beast has arrived! Order it online or ask for it in your local bookstore.

Note that some bookstores will receive resistance from one or two customers about their selling this book. Your support, by verbally requesting the book and thanking the store manager for stocking it, will serve to counter this resistance. In the end, the loudest customer wins. So please take the time to ask for this book in your local bookstore, and register your concern if the book is not sold.
Man and Beast presents a comprehensive Jewish perspective on our relationship with the animal kingdom. From the blessings to be recited when visiting the zoo, to understanding what exactly sets us apart from animals, to the issues involved in keeping pets - an entire framework is presented.

"Rabbi Natan Slifkin's new book, Man and Beast, offers a comprehensive view of Judaism's attitude and concern towards the animal world. It is skillfully researched and it is a thoroughly enjoyable read on a subject that otherwise could be considered arcane. There is great information and wonderful insights provided into the worldview of Judaism and its relationship to the other creatures that inhabit God's world with us humans."

- Rabbi Berel Wein

"Man and Beast is a fascinating and important work. It presents an aspect of Judaism that many of us do not even realize exists - its comprehensive principles and laws regarding our interactions with the natural world, in this case, specifically the animal world. Rabbi Natan Slifkin, the world-renowned "Zoo Rabbi," has accomplished amazing things in his seminal works on these topics. This new book of his will doubtless be treasured by educators and anyone seeking to enhance their understanding of the Torah's view of man's interaction with his fellow-inhabitor of this planet, the animal kingdom."

- Rabbi Chaim Malinowitz


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