Sunday, September 30, 2007

Activity on Child Molestation in the Jewish Community: Overblown or Barely Existent?

The Jewish Observer recently published an article by David Mandel, CEO of OHEL Children's Home and Family Services, regarding developments on child abuse in the Agudath Israel of America's community (link). The bottom line is: very little.

I'm no expert on this area but I've done some poking around and asking questions. What I've learned was best described by King Shlomo in Koheles (1:18): "ויוסיף דעת יוסיף מכאוב -- he who increases knowledge increases sorrow" (cf. Metzudas David). There is almost nothing being done when so much can be accomplished with relatively little effort.

Agudath Israel and Torah U'Mesorah have some non-binding guidelines that leave everything up to a school's principal and involve no transparency. Here's a hypothetical scenario: what if a principal thinks that it is in his best interest to keep an incident quiet? Or what if he is good friends with the perpetrator and refuses to believe that the incident happened? Here's what happens: nothing. And other parents in the school never find out about the incident.

Click here to read moreAnd there is currently no pressure on yeshivas to adopt even these weak guidelines!

Mandel writes: "Several yeshivas that wanted to hold seminars on safety and prevention from unwanted touch were reluctant to do so lest they be perceived as engaging in sex education or worse, stigmatizing themselves as a school with a problem." That is precisely where Agudath Israel can make a substantial difference. It is certainly true that the organization has little real power and that the yeshivas do not need to listen to a word that the organization or its Council of Torah Sages says. However, a public announcement in the form of a "Kol Koreh" signed by leading Torah scholars will greatly help yeshivas who want to hold seminars on safety etc. They will be able to point to the "Kol Koreh", wrap themselves in a mantle of religiosity and say, "Of course we are doing this. The question is why any other school isn't?"

According to Mandel's article, there are adult education workshops but where? How many? Why are they only publicized after the fact in self-congratulatory articles?

Mandel writes: "Several Batei Dinim have been established in major Jewish communities across the country to deal specifically with allegations of child and adolescent molestation." One would think that it would be in the public's best interest to know the names of the batei dinim so that when and if a situation arises the public can go to those batei dinim that have been properly trained for this issue. Specifically, which dayanim were trained and what did this training consist of? I strongly suspect that the training given to members of these batei dinim is woefully inadequate. Not to mention the key question: did those who trained these dayanim have adequate training themselves? A vague statement like Mandel's only yields less confidence that adequate steps are being taken.

You wouldn't know this from reading the article but there is now a central database of yeshiva offenders so that a teacher who abuses children cannot simply move to another community and abuse other children. But do many people know about it? Is there any transparency in how it is being managed? Once again, a central organization is telling us to trust them because they have everything under control. However, once you've dropped the ball you have to provide assurances that you are doing things the right way. A major part of that is transparency.

Not only does this article signify Agudath Israel's unwillingness to do anything significant about this issue, it has stymied other efforts. What principal will adopt someone else's proposals when he can simply take Torah U'Mesorah's policies, that leave him entirely in control, and say that he's simply following the Gedolim? The Jewish Observer article has essentially ended all independent work on this issue in the Yeshiva community. All so that they can say that they've done something without actually doing anything

Additionally, Agudath Israel had an issue that energized young adults and could have been used to mobilize them and get them involved in trying to help. The graying movement could use some young blood but, by doing nothing to solve this problem, they've alienated an entire generation. It is beyond me how anyone who is willing to take the time to learn about the community and get involved, can read this Jewish Observer article and be satisfied. What this article tells people like me is simple: the three-initial blogger is right that our community is incapable of responsibly handling this issue. And is there any issue that can possibly be more important? We are talking about the physical safety of our children (the grandchildren of the aging Agudath Israel population)! If we can't take the relatively simple steps that are necessary, what's the point of the existence of these organizations? Filing another legal brief about gay marriage? Is that supposed to get us excited enough to get involved?

The Gemara (Menachos 27b) points out that in the four species we take on Sukkos, two produce fruit (esrog and lulav/date tree) and two do not (hadas and aravah). Only when all four are grouped together can one fulfill the mitzvah. The Machzor Vitri (364, quoted in Mossaf Rashi to Chullin 92a) connects this to another Gemara (Chullin 92a) that compares four types of people in the community to a vine: the branches are wealthy people (ba'alei batim) who support the community, clusters of grape are the Torah scholars, leaves are the working class (amei ha-aretz, as per Rashi's explanation) and small branches are people empty of Torah and mitzvos. The Gemara says that the clusters, the talmidei chakhamim, must prayer for the leaves, the working people, because without them there would not be any community. So too, the Machzor Vitri says, the species that produce fruit are the talmidei chakhamim who must be united together with the working people.

Why, though, does the Gemara in Chullin single out the working class for whom the Torah scholars must pray? Shouldn't they pray for everyone? I would suggest that, of course, the talmidei chakhamim will pray for the wealthy ba'alei batim. Without them there can be no shuls, yeshivas, chesed organizations, etc. And, of course, the talmidei chakhamim will make every effort on behalf of the people "at risk" and try to bring them back into the fold. But what about the average people, the silent majority of the community who lack the wealth to make major contributions and spend their time faithfully raising their family as best as they can? They tend to get lost in the shuffle. That is why the Gemara emphasizes that they, too, require attention. Talmidei chakhamim cannot cater to the wealthy and those with special needs while neglecting their main constituency.

I think that this is a lesson that can use reinforcing today. We are being taken for granted and our needs are being ignored. Do not take our support for granted!


(Note that comments on this will be carefully edited. Please do not list any accusations or malign any individual or organization. If you have a serious accusation, call the police.)


Kollel Yom Rishon - Sukkos

Chol Hamoed Sukkot Celebration

Sunday, September 30
At the Young Israel of Woodmere
859 Peninsula Blvd., Woodmere, NY
8pm – Rabbi Shmuel Marcus: Yom Tov Sheni
9pm – Rabbi Baruch Simon: Simchat Yom Tov

Monday, October 1
At Congregation Bnai Yeshurun
641 West Engelwood Ave, Teaneck, NJ
8pm – Rabbi Daniel Rapp: Fixing a Broken Pitom or Split Lulav
9pm – Rabbi Yonah Reiss: Cutting Your Neighbor's Tree to Build a Sukka

Tuesday, October 2
At The Jewish Center
131 West 86 St, New York, NY
8pm – Rabbi Mordechai Willig: The Spiritual Electricity of Simchat Torah
9pm – Rabbi Zvi Sobolofsky: Electric Appliances on Yom Tov

More information here: link


Barukh Dayan Ha-Emes: Rav Avraham Shapira and Rav Shimon Eider Pass Away

From JTA (link):
Avraham Shapira, a leader of Israel's religious Zionist movement and a former Ashkenazi chief rabbi, died.

Shapira, a who passed away Saturday after an illness, was among the founders of Mercaz Harav yeshiva in Jerusalem, the seedbed of religious Zionism.

He served as Ashkenazi chief rabbi between 1983 and 1993. But Shapira then became a vocal critic of the government's interim peace accords with the Palestinians, forming a coalition known as "Union of Rabbis for the Land of Israel". His opposition to ceding land to the Palestinians continued into 2005, when Shapira issed edicts against Israel's withdrawal from the Gaza Strip.

Ashkenazi Chief Rabbi Yona Metzger called Shapira's passing "a huge loss for religious Zionism".

Shapira was to be laid to rest Friday morning on Jerusalem's Mount of Olives.
From Arutz Sheva (link):
Rabbi Shapira was born in Jerusalem in 1913. He learned in the Etz Chaim Yeshiva and later in the Hevron Yeshiva. After his marriage he moved to the Merkaz HaRav Kook Yeshiva where he later remained as a teacher. In 1956, Israel’s Chief Rabbi Yitzhak HaLevi Herzog appointed the 45-year-old Torah scholar to serve as a Dayan (Rabbinical Judge) in the Beit Din HaGadol in Jerusalem (the Supreme Rabbinical Court). In 1971, he was appointed head of the Beit Din HaGadol. In 1980, Rabbi Shapira was appointed as a member of the Chief Rabbinate Council. Through all these decades, Rabbi Shapira continued to teach regularly in the Mercaz Harav Kook Yeshiva, and then, in 1982, following the passing of Rabbi Tzvi Yehuda HaKohen Kook, zt”l, Rabbi Shapira was appointed as his successor as Rosh Yeshiva (Dean). The following year, the spiritual giant was also elected to serve as Ashkenazi Chief Rabbi of the State of Israel, a position in which he served from 1983 to 1993.

A recognized Posek (expert arbiter of Jewish law) by such Torah luminaries as Rabbi Tzvi Pesach Frank, Rabbi Isser Zalman Meltzer, and Rabbi Moshe Feinstein, among many others, Rabbi Shapira was also considered by a large segment of the religious public as “the Gadol HaDor” (greatest Halakhic (Jewish law) authority of the generation).


Jerusalem Post: link
Haaretz: link
Ynet: link


UPDATE: The Yeshiva World tells us that R. Shimon Eider, the important posek in Lakewood, passed away over Yom Tov (link). Barukh dayan ha-emes.


Wednesday, September 26, 2007

Shaving on Chol Ha-Mo'ed

R. Michael J. Broyde on shaving during Chol Ha-Mo'ed: link (PDF)


Sukkot To Go

YU's new packet of Torah for Sukkos on the subject of "A Light Unto the Nations" (link). Table of contents:
  • Time of Meaning by R. Meir Goldwicht

  • Sukkot, Judaism and Universalism by R. Dr. David Horwitz

  • Blending in or Standing Out? by R. Joshua Flug

  • Amira L’Nachri by R. Mordechai Willig

  • Sukkot For Families by Aaron Steinberg


Tuesday, September 25, 2007

The Four Plants

(A rerun from last year)

R. Yitzchak Herzog (Judaism: Law & Ethics, pp. 23-24) quotes the famous midrash about how hadas has a good smell, lulav (date) has a good taste, esrog has both and aravah has none. Homiletically, he takes aroma to refer branching out into the many spheres of society and taste to refer to being religiously observant and remaining within the Jewish community.
His take is as follows:
[Hadas:] There are, on the other hand, Jews eminent in many spheres of life and culture, in the industrial world, in politics, in law, in letters, in science and in art. Their fame travels far beyond the community. They have fragrance. They spread a far-reaching aroma. But only too often these Jews have no Jewish taste, have no Jewish substance in them. They do little or nothing to perpetuate the religious and national traditions of their people, or to build up its future...

[Lulav:] Then we have Jews who yield substantial, solid fruit for Israel, Jews who lead honest lives, practise Judaism, and participate in every movement which aims at the restoration and regeneration of their people. But the great work which they are accomplishing quietly, unobtrusively, day by day, is unknown to the outside world. Their specifically Jewish activities find no echo outside of the community. There is no far-reaching aroma. Only those within the inner circle can taste the fruit... These Jews form the backbone of the nation...

Finally the etrog typifies the Jew who spreads far and wide a beautiful aroma; who reflect honour upon his people, but who, unlike the myrtle, is at the same time a solid fruit, a Jew in substance as well as in name, a Jew equppied with Jewish knowledge, with Jewish religious sentiment, and with a deep Jewish historic consciousness, a Jew who practises his religion and who works for his faith and race, for the realisation of his people's age-long hope and aspirations.


Periodical Update: New Hakirah

A new issue of Hakirah is set to be released shortly. The "feature" article, i.e. the first one and the one that is being sent around by the editor in its entirety, is a translation of R. Nachum L. Rabinovitch's essay on emunas chakhamim, faith in the sages. I believe the Hebrew version can be found here (DOC).

This issue also includes a review of a book by Yashar, R. Elijah J. Schochet's Bach: Rabbi Joel Sirkes: His Life, Works and Times.

See the full table of contents and the first two pages of each article here: link


Rabbi Slifkin Takes On His Critics

R. Natan Slifkin's letter in this week's issue of The Jewish Press, regarding his book Sacred Monsters (link to letter):
Mice are born of parent mice rather than growing from dirt. So says Rav Samson Raphael Hirsch, noting that the Mishna that says otherwise is relying on a mistaken understanding of the natural world.

Lice are born from eggs rather than being generated from sweat. So says Rav Yitzchok Lampronti, mentor of Ramchal, pointing out that although Chazal said differently, they would surely admit to their error were they aware of modern science.

Salamanders are born of parent salamanders rather than growing from fire. So says Rav Binyomin Musafia, author of Mussaf Ha-Aruch, here attributing a scientific error to the Gemara.

Click here to read moreBirds always hatch from eggs, never growing from stalks on trees. So says Rav Yissocher Illowy, disciple of the Chasam Sofer, notwithstanding the account in the Shulchan Aruch to the contrary.

In a recent Jewish Press front-page essay (“Harry Potter’s Fabulous Jewish Monsters,” Aug. 5) synopsizing my new book Sacred Monsters (available at Jewish bookstores and online at www.yasharbooks.com), I briefly referred to the aforementioned views. Several indignant letters to the editor resulted from people who apparently believe the aforementioned authorities were grievously flawed in their approach to Torah.

I would like to take this opportunity to defend them. It is perplexing that people are horrified when classical Torah authorities are said to have made an innocent error in science, but are quite ready to attribute a grievous error in hashkafa to them.

In his letter, Dr. Yaakov Stern says he can “predict with certainty that within twenty years most of what the scientific community presently believes will be relegated to the dustbin of history.”

Taken literally, this sentence is so ludicrous (most of what the scientific community has discovered in the last hundred years is still standing) that I must assume he is speaking with considerable hyperbole, and that his point is to question whether we can have absolute confidence in modern science. I certainly agree that there are many speculative theories in science that may well be overturned, and many beliefs that will turn out to be wrong. However, not all areas of science are equal.

We can be confident we will not discover the earth to be flat, notwithstanding the insistence of Rav Yaakov Reischer, one of the greatest halachic authorities of the seventeenth century, that the Gemara teaches otherwise. We can be confident we will not discover that matter is not composed of molecules but instead of earth, air, fire and water. Zoology is a particularly well-established science, which is why Rabbis Lampronti, Musafia, Hirsch, and Illowy were correct in rejecting the notion of spontaneous generation.

But even if Dr. Stern continues to believe that such creatures indeed exist, what does it matter if other people think differently? Dr. Stern writes that it is “the height of foolishness to abandon the truths given by Hashem to Moshe Rabbeinu.” I couldn’t agree more. However, the aforementioned authorities (and many others) point out that the scientific statements of Chazal were not truths given by Hashem to Moshe Rabbeinu, but rather were the assessments of people living in that time. Accordingly, these authorities saw no theological problem in pointing out that our knowledge of the natural world has since improved.

Everyone in this discussion believes that halacha is binding and that the 13 ikkarim are true. We wholeheartedly accept that Chazal were spiritual giants who bore a mesorah from Sinai that included the Torah Shebiksav and the Torah Shebe’al Peh. But that does not include all the scientific statements in the Talmud.

The Gemara itself, in Pesachim 94b, records that Rabbi Yehudah HaNasi admitted that Chazal were mistaken in their belief that the sun passes behind the sky at night rather than traveling around the far side of the planet. While Maharal interprets this allegorically, and Rabbeinu Tam insists that Chazal were correct and that the sun does indeed travel behind the sky at night, the vast majority of Rishonim and Acharonim interpret this at face value as attesting to a scientific error. Rabbeinu Avraham ben HaRambam sees reason to praise Rabbi Yehudah HaNasi for possessing the intellectual honesty to admit to this error and to accept the view of the non-Jewish scientists.

If I properly understand Rabbi Dovid Kornreich’s letter, he apparently believes that mud-mice, sweat-lice, fire-salamanders and tree-geese existed in some sort of supernatural way. Contrary to his accusation, neither I nor the aforementioned authorities – nor my mentors nor my readers – deny the existence of a supernatural plane of existence. We merely follow the rationalist approach of Rambam, who stated, “We shall endeavor to integrate the Torah with rational thought, leading events according to the natural order wherever possible; only with something that is clarified to be a miracle and cannot be otherwise explained at all will we say that it is a miracle.”

Dr. Stern and Rabbi Kornreich are entitled to follow a different school of thought; as Dr. Stern notes, the notion that the Talmud contains scientific errors has been deemed heretical by many contemporary leading haredi rabbonim, notwithstanding the dozens of Rishonim and Acharonim who adopted such a belief. And they are certainly correct in warning that the rationalist approach carries with it profound difficulties and dangers.

But for the many thousands of sincere and educated Jews who, with good reason, accept the fundamentals of modern science, there is no better option. Teaching them what Rabbis Lampronti, Musafia, Hirsch, and Illowy had to say is correct, hashkafically legitimate, and beneficial.

Finally, in reference to my approach to creation, Rabbi Yisroel Hirsch in his letter notes that I am not a trained scientist. I fully agree that only trained scientists are qualified to discuss the physical development of the universe, which is why I adopt their conclusions. Does Rabbi Hirsch believe that a trained scientist would say the world is indeed only 5,768 years old? I can assure him that the global consensus of scientists trained in the relevant fields would endorse my views.

Rabbi Hirsch then adds that I am not a Talmudic scholar either, and that I therefore have no standing in offering biblical verse interpretation, creation theology, and the like. Again I agree; and I must add that he did not go far enough. To offer biblical verse interpretation and creation theology, being a Talmudic scholar alone surely does not suffice. One must also be expert in Jewish theology, aware of the various radically different approaches of the Rishonim, and sensitive to the difficulties raised by modern science.

In my book The Challenge Of Creation, I presented the views of people who were thus qualified – people such as Rav Samson Raphael Hirsch, Rav Avraham Yitzchak Kook, Rav Gedalyah Nadel, and Rav Aryeh Carmell. The letter-writers find me an easy target, but the approaches they condemn are those of people far greater than myself.

Rabbi Natan Slifkin
Jerusalem


Rebellion Against The Rabbanut

It seems that a group of Religious Zionist rabbis have organized, under the umbrella of the Tzohar organization, a kosher certification authority that is an alternative to the Israeli Rabbinate's. This is due to the Rabbinate's new policy of allowing local rabbis to forbid the use of the "heter mekhirah", thereby boycotting farmers who rely on it.

See this Hebrew article: link
And this English article about threatening to do this: link

Overall, this seems to me to be more about the Israeli Rabbinate being taken over by Charedim than anything else. The Religious Zionist community now needs a new infrastructure in which to operate, as their old infrastructure falls apart. It's probably a good thing.


Yom Tov Hygiene – The Hot Shower II

You can download R. Michael J. Broyde's Hebrew article on this subject here: link (PDF)

And here is an English article by him on the subject: link


Monday, September 24, 2007

Yom Tov Hygiene – The Hot Shower

Yom Tov Hygiene – The Hot Shower

by Rabbi Ari N. Enkin[1]
Ramat Beit Shemesh


Not only is every Yom Tov in the Diaspora two days long, but it frequently extends into three days as well when preceded or followed by Shabbat. While two days without a shower may be manageable to some, it is distressing for most people to go three days without showering. Many people refrain from showering over the course of both a two and three day Yom Tov in deference to the majority of classical halachic works which are hesitant to allow showering on Yom Tov, especially in the routine manner.[2] In recent years there have been a growing number of halachic authorities who have challenged the historical opposition to showering on Yom Tov by simply reapplying the same logic which had prohibited doing so then to the new realities of today.

Click here to read moreThe prohibitions of work on Yom Tov are identical to those of Shabbat with the exception[3] of certain specific activities associated with food preparation which are permitted.[4] The Talmud[5] further extends this dispensation to include those same labors permitted in the course of food preparation for all other activites which are "shaveh lechol nefesh", activities which are enjoyed by most people if given the opportunity.[6]

The authorities who had forbidden showering on Yom Tov in the past had done so because showering was not a daily necessity. Whereas a mere one hundred years ago showering once a week was considered a luxury, in modern society it would be considered a travesty. Today, showering daily is a social necessity and a widespread personal obsession. How much more so is having to go without showering over a three day period.[7] Under normal circumstances this would be deemed socially unacceptable to say the least.


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In Israel, not showering on Yom Tov, usually a one-day event, does not seem to present much of an inconvenience. As is the case with Shabbat, one is required to bathe before the onset of the holiday and the opportunity to shower again at its conclusion, some 26 hours later. While showering on Shabbat is particularly problematic,[8] this may not be the case on Yom Tov.

The dispute essentially hinges upon whether or not the definition of "shaveh lechol nefesh" can change according to time and place. In fact, it is in none other than the laws of bathing where one can observe the halachic authorities acknowledging that "shaveh lechol nefesh" is indeed subject to change based on personal norms and societal practices.[9] Today, daily showering is certainly deemed necessary in the routine of most people, certainly in developed countries.

In Talmudic times the rabbinical authorities allowed heating water to wash one's face, hands, and feet as this was the predominant daily routine of most people. Bathing one's entire body was not viewed as a daily need and was prohibited accordingly.[10] It would seem however that if bathing the entire body had been something done daily by most people then it too would have been permitted.[11]

There are a growing number of halachic authorities who argue that showering daily is normative and practiced by most people in our time. As such, it can certainly be classified as "shaveh lechol nefesh"[12] and permissible on Yom Tov.[13] How much more so on the second or third day of Yom Tov.[14]

Showering on Yom Tov would be permissible with hot water as well[15] as the heating of water is in itself a permitted act for all shaveh lechol nefesh activities.[16] This is especially true when taking a shower at night of the first day of Yom Tov where the hot water would have been heated before the holiday began.[17] Indeed, although beyond the scope of this paper, it is worth mentioning that hot water supplied by the "dud shemesh" (solar water heater), as is widespread in Israel may even be used on Shabbat according to most authorities.

The melacha of sechita, squeezing, however remains prohibited and therefore one must ensure not to squeeze one's hair after showering, though a light towel drying would be permissible.[18] As is the case concerning Shabbat, only liquid soaps are permitted on Yom Tov.

Those who choose to act stringently and not shower on Yom Tov are entitled to do so, however there is no basis to criticize those who do shower on Yom Tov, especially over the course of a three day stretch.

[1] This article is based on Changes in Sociology or Technology and Jewish Law Responses to Them: The Cases of Showering or Smoking on Yom Tov by Rabbi Michael J. Broyde, given to this writer upon request.
[2] Rama 511:2, Mishnah Berura 511:18, Aruch Hashulchan O.C. 511:4, Shemirat Shabbat Kehilchatah 14:7.
[3] Shemot 12:16
[4] O.C. 495:1
[5] Beitza 12b
[6] Ketubot 7a, Yereim 304
[7] Biur Halacha 511
[8] Magen Avraham 326:8, Mishnah Berura 326:21, Aruch Hashulchan OC 326:9, Shemirat Shabbat
Kehilchatah 14:11
[9] Rema O.C. 511:2 vs. Magen Avraham 511:5, Aruch Hashulchan 511:5,6
[10] Beitza 21b;Tosfot
[11] Ramban, Shabbat 39b
[12] Shemirat Shabbat Kehilchatah 19 note 3
[13] Rivevot Efraim 6:265
[14] Biur Halacha 511
[15] Rivevot Efraim 6:265
[16] Shemirat Shabbat Kehilchatah 2:7
[17] O.C. 511:2
[18] Mishnah Berurah 326:25, Shemirat Shabbat Kehilchatah 14:1


[Let me add that the regular halakhah e-mail by R. Josh Flug that was sent out today is on this topic as well. It is not yet available on the web. -- GS]


The Missing Jewish Word

I received in the mail the first issue a newspaper named The Jewish Word, published by Religious Zionists of America. I don't quite know what it's about but the welcome article by its publisher and editor-in-chief, Martin Oliner, announces that it is the missing voice of Religious Zionists. Missing voice, because this and this aren't enough. But presumably there is a need for this publication's unique perspective.

However, noticeably missing -- scandalously, in my opinion -- is any words of Torah whatsoever. I mean, after all, the president of the organization is a learned rabbi. They couldn't have had him write a few words? Or R. Zevulun Charlop? Or some guy in YU's semikhah program? Remember, they're supposed to be Religious Zionists.

The only limud zekhus/positive spin I could think of is that they were concerned that the newspaper would become sheimos from the words of Torah printed in it and might be thrown in the garbage rather than treated with the respect due to Torah. Granted, there are lenient views, but perhaps the publishers are strict on this. Or maybe they wanted to keep all the good material for the next issue.

Let me just voice my opinion and hope that as future issues clarify this newspaper's unique voice, they include inspiring words of Religious Zionist divrei Torah.


Periodical Update: New RJJ Journal

A new issue of The Journal of Halacha and Contemporary Society (RJJ Journal):
  • "Male and Female He Created Them": Revisiting Gender Assignment and Treatment in Intersex Children by Jonathan Wiesen and David Kulak
    What is the halakhic status of a Tumtum, Androgynus, Hermaphrodite and Pseudohermaphrodite? Probably more than you want to know about this topic.

  • Contemporary Wedding Trend or Pagan Rite? Umbrella Schtick and Maypoles by Rabbi Gamliel Shmalo & Ms. Jackie Fast
    Bottom line: Possibly prohibited according to the Vilna Gaon but definitely permissible according to the Maharik. No mention that nearly the entire Orthodox world follows the Maharik!

  • Reading Options on Shabbat by Rabbi Howard D. Apfel
    Conclusion: Leisure reading is permissible but not recommended on Shabbos. This might be hard to figure out when the following was -- no kidding -- only stated in a footnote (#54): "Moreover, based on the comments of the Ramo and the Mishnah Berurah (307:3-6) one might assume that it is even permissible to read a fictional novel (that is considered appropriate in content) and one derives (pleasure) from on Shabbat. See also Magen Avraham 301:4 and Shmirat Shabbat Ke'hilcheta 29:47." One would think that this might have been important enough to include in the body of the article. As to studying for secular tests on Shabbos, the author quotes R. Shlomo Zalman Auerbach as being unsure about the subject. Others, such as R. Ahron Soloveichik, permit it. In R. Ahron's words, "If it is worthwhile studying during the week, it is worthwhile studying on Shabbos."

  • Segulot, Superstitions, and Darchei Emori by Rabbi Yitzchak Gutterman
    In a word, stay away from silly superstitions.

  • The Kashrut of Commercially Sold Milk by Rabbi Michoel Zylberman
    A very important article in which the author outlines the complex halakhic issues and opinons regarding the incidence of treif cows and the implications to milk. It is certainly going to be opposed by the "Kashrus Karaites" who are uncomfortable with relying on chazakos (presumptions), sefeikos (uncertainties) and bitul (dilution).

  • Letters to the Editor
    One letter bizarrely responding to an article from 1995 (!) about women covering their hair and another about the Star-K's position on children's medicine


Sunday, September 23, 2007

Two With Six Zeros After It



Hirhurim friends, thank you for bringing this blog to the big milestone of 2,000,000 pageviews, which according to the Bravenet hitcounter we reached this evening. Congratulations to all of the meharherim who continue reading day after day.


Ignoring The Message

The afternoon Torah reading on Yom Kippur is from Leviticus 18, the passage of forbidden relations. Included in this list is adultery, incest and homosexual relations. Why do we read it on Yom Kippur?

Rashi (Megillah 31a sv. korin ba-arayos) writes that it is to remind anyone who has committed these common sins that they are forbidden and to lead them to repent. Tosafos (ibid., sv. be-minchah) explain that we read this passage because women dress up in their best clothes in honor of the holy day, and men need to be reminded to keep their desires under control. Regardless, the message is clear. These relations are forbidden and we need to remember that and heed the warning.

Steve Greenberg, the "gay orthodox rabbi", has a different take on this (link). He says that, first of all, it is better to read the passage than to deny that it exists. Furthermore:
Second, reading Leviticus 18:22 in shul on Yom Kippur makes gay people present in a powerful, if challenging way. With the proper acknowledgement, the reading can become a call to greater empathy and understanding. We can use it to bring to communal memory the countless people throughout the ages, who, on the most holy day of the year, had no voice in the face the most devastating misrepresentation of their hearts. And lastly, it can serve as an impetus for learning and reinterpretation of the biblical and rabbinic texts that should no longer be a source of self-loathing or exclusion.
This is an incredibly self-serving distortion of the Jewish tradition. Should adulterers and those guilty of incest also take the opportunity as "an impetus for learning and reinterpretation of the biblical and rabbinic texts"? I see this idea as being similar to encouraging using the Torah reading of Parashas Zakhor (which teaches us to destroy the memory of Amalek) as a way of embracing Amalek. Or of blowing the shofar as a way of leading us all to sin. Or lighting the menorah as a way of stimulating assimilation and abandonment of Jewish heritage, a common but widely disparaged activity.

Perhaps a better message of the Yom Kippur afternoon Torah reading to the homosexual community is that their desires are as equally strong as heterosexual desires, which is why the Torah lists all of the forbidden relations together. This is their opportunity to shine and to represent the Jewish people in upholding this prohibition despite their strong desires.


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Friday, September 21, 2007

Yom Kippur

Gemar chasimah tovah

May you be inscribed for good


A Review Of Machzor Masoret Ha-Rav Le Rosh Ha-Shanah

A review of Machzor Masoret ha-Rav le Rosh ha-Shanah: Rosh Hashanah Machzor with commentary adapted from the teachings of Rabbi Joseph B. Soloveitchik

by Prof. Lawrence Kaplan

This Machzor is a simply outstanding. It provides an unparalleled way for one to gain a deep and broad and inspiring understanding of the Rosh ha-Shanah tefillot and thereby to experience better the Kedushas HaYom. As well, this Machzor, together with Machzor Masoret ha-Rav le-Yom Kippur, can serve as an unparalleled entrée to the teachings of the Rav in general. Indeed, I can think of no other work of the Rav that can enable the reader to obtain an idea of the Rav’s sheer range and breadth than these two Machzorim.[i] In the section of the Machzor, “Hanhagot ha-Rav” (to be translated as “Practices of the Rav,” not “Customs of the Rav”) we see the Rav both as a posek concerned with fine halakhic details and as a careful textual critic of nussach ha-tefillah. In the Commentary proper we see the Rav moving with sovereign ease from lomdus to hashkhfah or aggadah to derush to close, literarily sophisticated textual readings. Congratulations to the editor, Dr. Arnold Lustiger, the co-editor, Rabbi Michael Taubes, and their entire support staff for rising to the many challenges that editing such a Machzor poses and doing such a superb job.

The following notes are in the form of he`arot. They should not be viewed as criticisms, but rather mainly as supplementary comments and only at times as suggestions for possible improvements. I understand full well that there were many valuable observations of the Rav that the editors simply could not include because of space considerations, and some of my comments may fall into that category. Primarily, then, my observations should be seen as serving the goal of “yagdil Torah ve-ya’adir.”

Click here to read more

1. pp. xxvi: “In one of his recorded letters the Rambam draws an analogy between teshuvah, the exodus from sin, and the exodus from Egypt.” The reference here appears to be to the supposed letter of the Rambam to his son. However, the unanimous consensus of Maimonidean scholars - and for excellent reasons - is that this letter is wrongly attributed to the Rambam. See Iggerot ha-Rambam, Vol. 2, edited by Rabbi Yitzhak Shailat, pp. 697-699. The sentence should accordingly be changed to read: “In a letter attributed to the Rambam an analogy is drawn…” The previous sentence should be similarly changed.

2. p. 211: “Whoever sit hidden on high, in the shadow of Shadai he shall dwell” (Ps. 91:1). The Commentary states: “God sometimes appears to ‘sit hidden… in the shadow.’” It is clear from this comment that the Rav understands the verse to mean “The Most High dwells in concealment, Shadai abides in the shadow,” and it should be translated accordingly. Note that the Rav also interprets this verse this way in Halakhic Man, p. 47. Also note, as Prof. Daniel Goldschmidt points out in his critical edition of and commentary on the Rosh ha-Shanah Machzor, p.226, that the phrase “ha-lan be-seter be-tzel, Shadai” in “Ve-khol maaminim” similarly presupposes this interpretation.


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3. pp. 220-221: The Rav there cites the Gemara’s harmonization (Shabbos 118b) of the view that whoever recites Hallel everyday is a blasphemer with the statement of Rabbi Yose “Let my portion be with those who recite (gomrei) Hallel every day.” The Gemara reconciles this apparent contradiction by maintaining that Rabbi Yose was referring to the Hallel of Pesukei de-Zimra as opposed to Hallel Ha-Mitzri. The Rav explains: “The theme of Hallel Ha-Mitzri is the miraculous,… the occasions when the Creator breaks through the processes of nature and temporarily suspends the laws of the physical world… [By contrast] the theme [of the Hallel] of Pesukei de-Zimra is not the miraculous but rather the mundane forces of nature.” The Rav goes on: “If one recites Hallel Ha-Mitzri everyday he is indeed considered a blasphemer because [such] recital daily would suggest that our praise of God is predicated exclusively on His performance of overt miracles… When one truly appreciates that God in nature is His most magnificent possible manifestation on earth he recites Pesukei de-Zimra, reflecting the profound sense of awe that is experienced upon witnessing natural phenomena.”

This is a justifiably famous explanation of the Rav that he made on many occasions and that is to be found in several places in his writings.[ii] I would like to call attention here to a more strictly halakhic analysis to be found in Shi`urim le-Zekher Abba Mari Z”L, Vol.2, “Be-Inyan Pesukei de-Zimra,” pp. 17-18. The Rav there notes that the Hallel of Pesukei de-Zimra simply consists of the recitation of biblical verses, and precisely as such there is no halakhic barrier to its being recited everyday. To use traditional “lomdishe” terminology: Its being recited “be-torat pesukim” is its “mattir.” Hallel ha-Mitzri, however, is not simply a recitation of biblical verses, though its content, indeed, consists of just that. Rather, it is recited as a separate and distinct halakhic entity of Hallel, of shevah, of praise. That this is so is evident from 1) its being preceded by a birkat ha-mitzvah; and 2) its recitation taking the form of the doubling of verses and responsive reading, which would be inappropriate for the simple recitation of biblical verses. It thus requires a halakhic “matter” of Yom Tov or an overt miracle for its recitation and consequently cannot be recited every day. It should be clear that the hashkafic and halakhic explanations complement each other.

4. p. 236: “Zeh Eli ve-anvehu: This is my God and I will l build him a sanctuary.” In the Commentary, ad. loc., we find the Rav citing the comment of Rashi on the Gemara Shabbos 133b, but not the Gemara itself. The Commentary should first cite the Gemara. "`This is my God ve-anvehu’." Abba Shaul states: `I will imitate Him [addameh lo]! As He is merciful and gracious [Ex. 34:6], so you be merciful and gracious!’” It should then cite Rashi, ad. loc., who explains that Abba Shaul interprets anvehu as a compound of ani and hu, I and He, that is, "anvehu = ani ve-hu. Thus Rashi writes: "ani ve-hu: I shall make myself like Him [e`eseh`atzmi kemoto], to cleave unto His ways." In the Commentary the Rav goes on to note:

The obligation to follow in God’s ways, as the Gemara Sotah 14a details, is realized through specific acts of kindness: Just as He clothes the naked, so should you clothe the naked; Just as He visits the sick, so should you visit the sick…. The obligation to “imitate Him,” however, goes beyond these specific actions. The imperative ve-anvehu requires man to be called by the same adjectives that one normally uses to describe God: Just as God is called "merciful," “righteous” and “kind,” so should man be worthy of these descriptions.

The Commentary here refers to Shi`urim le-Zekher Abba Mari Z’L, Vol.2, pp. 170. Actually the Rav there cites three rabbinic statements, and the Commentary here conflates two of them. In addition to citing Shabbos 133b and Sotah 14a the Rav there cites the Sifre on Deut. 11:22: “To walk in all His ways: These are the ways of the Omnipresent: "The Lord ... is merciful and gracious" [Ex. 34:6].... As God is called "merciful," so you be merciful. As God is called "gracious," so you be gracious!” The language of the Rav in the last two sentences of the comment in the Machzor, though referring to Shabbos 133b, is clearly based on the Sifre.

If I might add two related points of my own.: 1) It is worth noting concerning the three above rabbinic passages, that it is Abba Shaul, the only Sage to speak of imitatio Dei proper, and not just of walking in God’s ways or after His attributes, who also makes the most daring comparison between man and God. While Rabbi Hama b. Hanina in the Gemara Sotah 14a speaks about man modeling his actions upon God's actions, and while the Sifre speaks of man acquiring character traits similar to those metaphorically ascribed to God, traits by which God is called, Abba Shaul speaks about man making his character traits similar to those directly predicated of God. (As He is merciful, not as he is called "merciful.") For Abba Shaul, man does not simply walk after attri­butes metaphorically ascribed to God or in God's ways, but truly makes himself similar to God Himself. 2) It is further worth noting that the Rambam in Sefer ha-Mitzvot, Positive commandment 8, cites both the Gemara Sotah 14a and the Sifre. By contrast, in the Mishneh Torah, Laws of Moral Dispositions 1:5, he cites only the Sifre, and, on the other hand, at the end of Guide 1:54 - contrary to what all the translators and commentators say—he cites NOT the Sifre but the Gemara Shabbos 133b.[iii]

5. pp. 466-467. “The Rav suggested in the name of his uncle [Rabbi Menahem Krakowski], the author of the Avodas ha-Melekh, that the paragraphs of u-vekhen ten pahdekha and those that follow it constituted the introductory section of Malchuyos for R. Yochanan ben Nuri, recited here as part of the blessing of Kedushas HaShem, in accordance with his view [that the Malchuyos theme must be combined with the blessing of Kedushas HaShem, as opposed to the accepted view of R. Akiva that the Malchuyos theme must be combined with the blessing of Kedushas HaYom].” It must be pointed out that Professor Goldschmidt in the Introduction to his Machzor, p. 20, note 13, has noted that very early in the twentieth century (circa 1910) a number of scholars of liturgy, all independently of another, arrived at this very conclusion.[iv] Professor Goldschmidt goes on to suggest that despite the fact that this conclusion has been accepted by all contemporary scholars of liturgy and is intrinsically very persuasive, it is still only a hypothesis and that there are grounds for assuming that these paragraphs originated from an expanded form of the blessing.

What I wish to emphasize, though, is something else. The Rav goes on to say:

R. Yochanan ben Nuri’s conception of Malchuyos was thus also strikingly different than that of R. Akiva, as these paragraphs portray a more pessimistic vision of man’s redemption. For R. Akiva the idea of Malchuyos is introduced via the paragraph of `al ken nekaveh [see point #7: LK] which contains a much more optimistic vision. These two Tannaim therefore disagreed not only with regard to the technical detail of where Malchuyos must be recited, but in their respective understanding of Malchuyos as well.

Here we have a good example of the unique contribution the Rav has to make to our understanding of the Machzor. He is sensitive to literary-historical findings, but does not stop there. Most of us - and I include myself as well - upon learning of the thesis that that the paragraphs of u-vekhen ten pahdekha and those that follow it constituted the introductory section of malchuyos for R. Yochanan ben Nuri would say to ourselves “How interesting!” and leave it at that. For the Rav, however, literary-historical findings must be pressed into the service of thematic and conceptual understanding. The Rav thus asks in effect “Now that we have preserved for us in our tefillot two versions of Malchuyos, how are we to understand the differences between them thematically and conceptually? Do the two versions reflect different conceptions of how God’s universal Malchus will be realized on this earth?” It is part of the genius of the Rav, whether or not we accept his answers or indeed even his underlying premises, that, approaching the Machzor with a fresh and keen eye and a penetrating, lively, and intellectually and religiously alert mind, he raises precisely such questions.

6. pp. 494-495: “Upad mei-az le-shefet ha-yom,” “[God] is already adorned [in His judicial clothes] for the day’s judgment.” We often cannot truly appreciate the original contribution the Rav makes to our understanding of a particular tefillah or piyyut unless we are familiar with the interpretation he is rejecting. The Rav’s translation and interpretation of the first line cited above of this famous Musaf piyyut of R. El‘azar ha-Kalir is a perfect example of this. In his lectures found in Noraot ha-Rav, Vols. 1 and 15, the Rav rejects the standard translation and understanding of the first line accepted by all translators and commentators. (See, for example, Goldschmidt, p. 157.) According to the standard understanding, the subject of the sentence is “ha-yom,” “this day,” “upad” means “was set apart and designated” – in support of this understanding Goldschmidt cites the Targum on Exod. 29:5—, and “mei-az” means “from the very beginning,” that is, from the day man was created. The line should therefore be translated, and, indeed, up until now has always been translated thus: “This day was designated from the beginning [of creation] for the purpose of judgment.” The Rav argues vigorously against this understanding, first noting that the root “upd” generally does not mean “to designate,” but “to gird.” In further support of his position the Rav points to another Rosh ha-Shanah piyyut, “Ahallelah E-lohai,” where all admit that the root “upd” means “to gird.” (It should be noted that the piyyut “ahallelah Eohai,” is not recited in most synagogues.) He also brings another argument, which we cannot discuss here, to support his view that the subject of this sentence cannot be “ha-yom,” but rather that the sentence’s silent subject must be God. It is striking that this great Rosh Yeshiva whose bread and butter was Shas and Poskim, rishonim and aharonim, whose forte, as everyone knows, was lomdus of the highest order, was willing here to enter into the philological lists, tackle the exceedingly difficult poetry of Ha-Kalir, and boldly oppose the almost overwhelming philological consensus. But what is even more striking is that for the Rav, here as elsewhere, it is the larger idea, underlying the philological details, which is important. R. El‘azar ha-Kalir, for the Rav, was trying through this piyyut to instill in his readers the experience of pahad, of terror and dread, which for the paytan was an essential element of Kedushas HaYom. In accordance with this aim, the thrust of the first sentence of the piyyut, as the Rav explains in the Commentary, is as follows.

Man attempts to suppress all thoughts of judgment, since nothing is more frightening than being placed on trial for one’s actions; man will thus try to reassure himself that judgment day can be deferred. This piyyut admonishes humanity with the message that God is already enrobed, as it were, in His judicial garb. The trial is ready to start; judgment is imminent.

Thus, just as earlier we saw the Rav pressing literary-historical findings into the service of thematic and conceptual understanding connected with Kedushas HaYom, so too he does the same here for literary-philological readings.[v]

This reading of the Rav of the first sentence of this Musaf piyyut of ha-Kalir exemplifies his approach to ha-Kalir’s piyyutim and Kinot in general. As the Rav states in The Lord is Righteous in all His Ways,[vi] pp.139-142,

R. El‘azar ha-Kalir’s piyyutim are a compilation of statements found in Hazal. There is hardly a sentence... that does not reflect halakhot or aggadot of Hazal…For example, his payit on YomTov explain the essence of the day….Those who do not know either Hebrew or aggadot Hazal find ha-Kalir’s piyyutim boring. But they are not boring at all; they are like a gold mine…One purpose of piyyutim then is limud, study. Ha-Kalir’s piyyutim are mini-tractates.

Since tomorrow is Yom Kippur, I would like to digress a bit and offer another example of the Rav’s approach to the piyyutim of ha-Kalir, this example taken from the Yom Kippur liturgy. In Machzor Masoret ha-Rav le-Yom Kippur, pp.544-45, the Rav comments on the fact that ha-Kalir uses three appellations for Yom Kippur, namely, Shabbat Shabbaton, Yom ha-Kippurim, and Tzom he-‘Asor, while the Rambam only uses two, namely, Shevitat ‘Asor and Yom ha-Kippurim. For the Rav, as one would by now expect, this is not merely a difference in literary usage, but reflects two different concepts regarding the multi-faceted nature of the Kedushas HaYom. The Rav then proceeds to brilliantly suggest a striking halakhic consequence that could arise out of the two views. (For further analysis, see Noraot ha-Rav, Vol.6, pp 1-15.) Here I would respectfully maintain that the Rav may be placing more conceptual weight on Ha-Kalir’s literary usage than it can bear. As I noted elsewhere, the reason ha-Kalir used here three appellations for Yom Kippur may simply be because he wanted three different terms for the standard three part Musaf piyyut known as the Kedushta. Thus the first part, “Magen,” “SHoshan Emek Ayumah,” which precedes the blessing of “Magen Avraham,” uses “SHabbat SHabbaton;” the second part, “Mehayeh,” “YOM mi-Yamim,” which precedes the blessing of “Mehayeh ha-Metim,” uses “YOM Kippur; ” while the third part, “Meshulash,” “TZefeh be-vat temusah,” which follows immediately after the blessing of “Mehayeh ha-Metim” uses TZom he-‘Asor.”[vii] Note, particularly, the alliteration, which, in my view, clinches my point. Most of the Rav’s conceptual and halakhic analysis can, in any event, stand independently of his literary observation.

7. Obviously, within the confines of a Commentary one cannot expect that the editors can explain how the Rav’s understanding of “Upad Mei-az,” as reflected in his original translation, differs from the standard understanding. But there is one critical structural issue, where the Rav’s view differs from the standard view, and the Machzor, unfortunately, just muddies the waters.

Where does Malchuyos begin? Most people, if asked, would answer “‘Alenu.” I have the sinking feeling that most of the people who used Machzor Masoret ha-Rav le Rosh ha-Shanah just a few days ago this past Rosh ha-Shanah if asked “Where does Malchuyos begin?” would still answer “‘Alenu.” If one looks at the new Machzor, we find the following. On p. 474 of the Hebrew text of the Musaf Amidah, we find the word “Malchuyos” before ‘Alenu. Similarly, in the English translation on the opposite page, we find the word “Kingship” before “It is our Duty.” The same is true for the text and translation of Hazarat ha-Shatz. See pp. 528 and 529. If, however, we look at the Commentary on p. 534 we find the words “Malchuyos”/“Kingship” before the explication of ‘Al ken nekaveh. It is clear from a careful reading of the Commentary that the Rav believed that Malchuyos begins NOT with ‘Alenu but with ‘Al ken nekaveh. Indeed, as we saw earlier, the Rav on p.467 of the Machzor in explaining the difference between the Malchuyos of R. Akiva and that of R Yochanan ben Nuri states: “For R. Akiva the idea of Malchuyos is introduced via the paragraph of `Al ken nekavah.”

The truth is that the Rav often emphasized in his shi‘urim that, as stated above, Malchuyos begins NOT with ‘Alenu but with ‘Al ken nekaveh. I clearly remember two proofs that he brought to support this point. First, in the Hazrat ha-Shatz the two reshuyyot of the Hazzan preceding Malchuyos\Zichrono \Shofaros: “Heyei `im piviyyot” and “Ohilah la-El” come after ‘Aleu and immediately precede ‘Al ken nekaveh. Second, the format for Malchuyos\Zichronos \Shofaros is the introductory declaration followed by the nine verses. But if ‘Alenu is the beginning of Malchuyos, we have a single verse from the Torah – “”ve–yadata ha-yom” (Deut.4:39) stuck smack in the middle of the introductory section.[viii]

There are three further proofs that one can bring to support the view that Malchuyos begins not with ‘Alenu but with ‘Al ken nekaveh. I am not certain of the origin of these proofs. Did I hear any (or all) of them from the Rav? Did I read any (or all) of them somewhere? Did I arrive at any (or all) of them on my own? Or some mixture of the above? Who knows?

The third proof is that Malchuyos\Zichrono \Shofaros, - indeed, the ‘Amidah as a whole - is in the second person, as befits tefillah which is a dialogue between man and God, while ‘Alenu is in the third person. The fourth proof is that in the Hazarat ha-Shatz of the Musaf Amidah for Yom Kippur ‘Alenu appears unaccompanied by ‘Al ken nekaveh. The fifth proof is that the introductory sections of Malchuyos\Zichrono \Shofaros are declarations of faith.[ix] This is true for ‘Al ken nekaveh , but not for ‘Alenu, which is an act of purer worship.[x]

I would therefore strongly urge that the Editors of the Machzor remove the word

“Malchuyos” from before ‘Alenu in the Hebrew text of both the Musaf Amidah and the Hazarat ha-Shatz and place it before ‘Al ken nekaveh. Similarly, in the English translation of both the Musaf Amidah and the Hazarat ha-Shatz they should remove the word “Kingship” before “It is our Duty” and place it before “Therefore we put hope in you.” I realize that the Hebrew text of the Machzor is the standard Art Scroll text and not the text of the Rav. But this is a structural and interpretive matter, not a textual one. I would further note that in Prof. Goldschmidt’s Machzor the word Malchuyos precedes ‘Al ken nekaveh. In addition, in the Commentary the position of the Rav on this issue should be stated in clear and no uncertain terms.[xi]

***

With this I have come to the end of my observations. I must state that I have studied neither the Machzor nor the primary material upon which the Commentary draws particularly thoroughly, and no doubt there is much more to be said. But to conclude for the meanwhile, I would like to vary the comment of R. Yose: “Yehi helki mi-gomrei Machzorim elu be-khol shanah ve-shanah.”



[i] The only rival is The Lord is Righteous in all His Ways: Reflections on the Tish‘ah be-Av Kinot, edited by Rabbi J. J. Schacter, consisting of edited transcriptions of the almost day long talks that the Rav gave over the course of many years on Tish‘ah be-Av at the Maimonides School in Brookline, Mass. After Shaharit the Rav would first deliver a shi‘ur for about an hour on themes relevant to Tish‘ah be-Av. This would be followed by the recital of kinot, accompanied by extended commentaries of the Rav. This special blend of recitation and learning would continue for many hours.

[ii] For references to other explanations, see the Encyclopedia Talmudit article on Hallel.

[iii] This is not the place to discuss the significance of these citational shifts.

[iv] Indeed, in Noraot HaRav, Vol.6, p.277 the Rav attributes this view to “several commentators.’’ The editor of Noraot HaRav, David Schreiber, observes in a footnote that on other occasions the Rav attributed this view to his uncle. It seems clear that the Rav first heard this view from his uncle, but was very well aware that it was a popular and widely held scholarly view.

[v] One may, however, with due respect to the brilliance and literary insight of the Rav, argue that the standard understanding and translation of the first sentence of this piyyut is more convincing than the novel suggestion of the Rav. First, the standard reading seems to fit in better with the overall theme of the piyyut of man’s being created, judged, and spared on this day. Moreover, the word ”az” in the first sentence, contrary to the Rav, seems to refer to the day of creation. See, for example, the piyyut ”Az mei-az,” to be found in Goldschmidt, p. 127.(This piyyut is not to be found in the standard Machzorim.) This is a complex issue, and I leave it to scholars of piyyut, to which class I most definitely do NOT belong, to adjudicate the competing claims.

[vi] See note 1.

[vii] For a discussion of these three parts of the kedushta, see Goldschmidt’s Introduction, p. 33.

[viii] It is worth noting, however, as Prof. Goldschmidt points out in the Introduction to his Machzor, p. 29, note 10, that according to the Tosefta Rosh ha-Shanah 2:11 this verse was chosen for Malchuyos by R. Yose.

[ix] Thus the Rav on p. 467 and again on pp.469-470 emphasizes that if we accept the view that the paragraphs of u-vekhen ten pahdekha and those that follow it constituted the introductory section of Malchuyos for R. Yochanan ben Nuri, these paragraphs “are not requests but declarations of belief.” Indeed, we may argue that the fact that these paragraphs seem to be more in the nature of requests and not declarations of belief would tend to support the suggestion of Prof. Goldschmidt that these paragraphs simply originated from an expanded form of the blessing.

[x] Prof. Goldschmidt in the Introduction to his Machzor, p.29, similarly argues that only the paragraph ‘Al ken nekaveh is fitting for the introductory paragraph of Malchuyos. He further suggests in note 10 that perhaps the paragraph originally began with “U-ve-kehn nekaveh.”

[xi] In a private conversation, however, David Schreiber - the Editor of Noraot HaRav to whom all the students of Torat HaRav owe such a great debt of gratitude - informed me that in one shi‘ur the Rav stated that he was undecided as to whether Malchuyos begins with ‘Alenu or ‘Al ken nekaveh. Well, perhaps on one occasion the Rav wavered. All I can say is that the overwhelming evidence is that the Rav’s position on this issue was as I have stated. Schreiber further told me that the Rav in a typically brilliant halakhic hiddush suggested a “nafka mina” between the two views according to the position of R. Yochanan ben Nuri who maintains that Malchuyos is recited in Kedushas HaShem and not in Kedushas HaYom. If ‘Alenu is an integral part of the Malcuhyos of Kedushas Hayom, then according to him we would not recite ‘Alenu in Kedushas HaYom, since one does not recite Malchuyos in Kedushas HaYom. But if ‘Alenu is not an integral part of the Malcuhyos of Kedushas Hayom, then according to him we would recite ‘Alenu in Kedushas HaYom, even though one does not recite Malchuyos in Kedushas HaYom. In point of fact, as I already noted, we recite ‘Alenu in the Hazarat ha-Shatz of the Musaf ‘Amidah of Yom Kippur unaccompanied by ‘Al ken nekaveh.


Thursday, September 20, 2007

Change of Venue: Cancelled

Due to readership feedback and increasingly divergent views on direction, I had been planning on asking to be removed from Reshimu. However, that is now unnecessary (link). This means that Hirhurim will be staying where it is but it will not be staying the same. Some things will be changing. It is a bit premature to announce these changes now but please stay tuned.


Israel's Co-ed Army

An IDF commission released a non-binding report earlier this week calling for the full integration of women into all army units. In other words, men and women should serve together in all capacities and in all units. The Jerusalem Post reports (link):
Heads of religious pre-military academies were shocked by recommendations released Monday by an IDF commission calling for full integration of women in combat units.
Why? Who could object to women being treated equally? This is explained pretty clearly by Arutz Sheva (link):
Rabbi Elyakim Levanon, head of the Elon Moreh hesder yeshiva (a framework in which students combine compulsive army service and Yeshiva study), told Arutz-7, "If these recommendations are in fact made, we will convene and come to the appropriate decisions about what to recommend to our students regarding their army service... In the meanwhile, everyone can understand the problems involved when young men and women spend the night together in a tank, or on overnight stays, or in the infantry. It leads to obvious problems, and the Americans have already removed their female soldiers from many combat positions, though it cost them millions of dollars."
We're talking about men and women -- boys and girls -- aged 18 to 22 (and then later, for reserves). I suspect that if this is implemented without concern for the needs of religious soldiers, the entire religious community en masse will simply opt out of the army. Rather than solve the major societal problem of Charedi isolation, the Israeli establishment is headed towards forcing the Religious Zionist community to isolate itself as well.


Jewish Continuity

There is a great letter from a Louis Benjamin of Riverdale in the current issue of The Jewish Week (link):
What well-heeled donors and the communal officials eager for their money fail to grasp is that intermarriage is not a “disease” that we as a community must “cure,” but only a symptom of the larger problem of a life lived outside the continuum of education, shared experience and community that collectively constitute an enduring Jewish life. Throwing millions of dollars at only one aspect (in this case, camps) of a multifaceted experience is akin to telling a child that she need only eat carrots to grow into a healthy, well-nourished adult.

To improve the quality of Jewish life in America we need to strengthen all the institutions of Jewish life: day and supplementary schools, trips to Israel, campus programming, community centers and synagogues, as well as camps. Focusing all our attention and resources on just one piece of the puzzle misses the larger point.


Sunset After Yom Kippur

[UPDATE: As a careful reader pointed out, this entire post is obviously incorrect. I need some sleep and to stop writing from memory and then filling in the details afterward.]

There is a well-known passage in R. Joseph B. Soloveitchik's Halakhic Man that I found puzzling for many years. It describes how R. Soloveitchik and his father were watching the sun set at the end of Yom Kippur while speaking outdoors (p. 38):
I remember how once, on the Day of Atonement, I went outside into the synagogue courtyard with my father [R. Moses Soloveitchik], just before the Ne'ilah service. It had been a fresh, clear day, one of the fine, almost delicate days of summer's end, filled with sunshine and light. Evening was fast approaching, and an exquisite autumn sun was sinking in the west, beyond the trees of the cemetery, into a sea of purple and gold. R. Moses, a halakhic man par excellence, turned to me and said: "This sunset differs from ordinary sunsets for with it forgiveness is bestowed upon us for our sins" (the end of the days atones). The Day of Atonement and the forgiveness of sins merged and blended here with the splendor and beauty of the world and with the hidden lawfulness of the order of creation and the whole was transformed into one living, holy, cosmic phenomenon.
What, I wondered for many years, were they doing outdoors and watching the sun set during the time of Ne'ilah, the powerful concluding prayer of Yom Kippur?!? I found an answer last year in the Machzor Mesoras HaRav (p. 804):
The Vilna Gaon, in his commentary to the Shulchan Aruch (Orach Chaim 623:2, s.v. zeman), rules that Ne'ilah should be completed while it is still daytime, and in he synagogue in Khaslavitch where the Rav grew up, this was the practice; Psalms would then be recited between the conclusion of Ne'ilah and the beginning of Maariv. The prevalent custom, however, is to start Ne'ilah while it is still dayime, but to continue until nightfall.
Ne'ilah was finished by that point and they must have stepped out for a few minutes of thought during the recitation of Psalms.


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This, by the way, seems to negate the suggestion in the commentary to the machzor (pp. 768-769) that this discussion happened between Minchah and Ne'ilah. I e-mailed Dr. Lustiger, the editor of the machzor, about this and he -- at least initially -- concurs with what I've written.


Like The Seeds Of A Pomegranate

How many seeds does a pomegranate have? A Jewish tradition places it at 613, like the number of commandments in the Torah. This is an obvious approximation, because the seeds in any given pomegranate vary.

Menachem Butler directed me to the website of someone who has been unsystematically sampling pomegranates from around the world and counting their seeds (link). The website contains detailed data and more statistical analysis than you probably want. Interestingly, the average seed count is currently at 613, although with a wide variation.


New Year at VBM

Yeshivat Har Etzion's Virtual Beit Midrash (VBM) is getting ready for a new year of e-mail courses. They include:
    Tanakh
  • Parashat Ha-shavua - the Weekly Torah Reading by Rav Yehuda Rock and Rabbanit Sharon Rimon
  • Introduction to Parashat Ha-shavua by Rav Yaakov Beasley
  • The Book of Shemuel by Rav Amnon Bazak
  • The Eliyahu Narratives by Rav Elchanan Samet

  • Talmud
  • Talmudic Methodology by Rav Moshe Taragin
  • Gemara Kiddushin by Rabbanei HaYeshiva
  • Introduction to the Study of Talmud by Rav Michael Siev
  • Mishnayot Sheviit by Rav Moshe Taragin

  • Halakha
  • Topics in Halakha by Yeshiva staff
  • The Laws of Prayer by Rav David Brofsky
  • Mishna Berura by Rav Yosef Zvi Rimon

  • Jewish Philosophy
  • Sichot of the Roshei Yeshiva
  • Mikdash by Rav Yitzchak Levi
  • Faith and the Holocaust by Rav Tamir Granot
  • Kuzari by Rav Itamar Eldar
  • Understanding the Meaning and Practice of Halakha by Rav Ezra Bick
Subscribe here: link

See also the updated and revised Yom Kippur Journal: link


Wednesday, September 19, 2007

Subscribe to the Commentator

Subscribe for $36 and receive a year of paper issues of Yeshiva College's newspaper: link


Mazel Tov, Levi!

Congratulations to Jon Baker on being halakhically declared a Levi. Read his fascinating story here: link


The Art of Teshuvah

Condensed chapters from an adaptation of Rav Kook's writings on repentance: link

(The website might initially seem inappropriate but it is the opposite.)


Why Rabbis Do Not Like Cantors

The Shulchan Arukh discusses in three places the qualities preferred in a cantor:

1. In Orach Chaim 53 (4-14), the requirements are presented for being appointed a permanent cantor. They are: free of sin, humble, desired by the people, has a good voice, learned in the Bible, and able to grow a beard. Interestingly, the Rema (5) writes that a 13 year old with a bad voice who understands the prayers has priority over an ignorant old man with a good voice.

2. In Orach Chaim 579 (1), the Shulchan Arukh lists the requirements for leading prayer on a fast day.

3. And in Orach Chaim 581 (1), the Rema lists the requirements for being selected as the leader of selichos.


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However, the Shulchan Aruch (O.C. 53:11) makes an important limiting remark based on a responsum of the Rashba: A cantor who lengthens the prayers in order to show off is repugnant and wastes the congregation's time. This is in contrast to one who lengthens the prayers out of joy for praising God, who is acting properly. Evidently, cantors showing off is a long-standing problem because we find it discussed throughout centuries of halakhic literature.

The Maharshal (Yam Shel Shlomo, Chullin 1:50) complains about this in particular on Yom Tov (cf. Magen Avraham 529:intro). The Bekhor Shor (Ta'anis 16b) writes at length about this issue, sharply condemning cantors who act in this way and writing that it is better to go to a theater to hear a concert than to desecrate a synagogue with one. He even quotes a poem written by his brother against cantors who show off. The Chayei Adam (138:4) also gets in some cantor bashing. It seems that no posek can let this matter pass without commenting negatively on cantors who show off.

Interestingly, the Arukh Ha-Shulchan (O.C. 53:13) writes: "There is much to say about cantors in our time but just like it is a mitzvah to say [that which is heard, it is also a mitzvah not to say that which is not heard.]" I think that by his time, the literature had already said it all about the public servant everyone loves to hate.


Tuesday, September 18, 2007

A Chapter of Challenge

R. Natan Slifkin has made available a sample chapter from his book The Challenge of Creation: "Chapter Thirteen: The Day-Age Approach".

You can download the chapter from this webpage (link) or directly here (link - PDF).


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