Eruvin in New York

There has been a longstanding dispute over the viability of building an eruv in New York, both in Manhattan and in Brooklyn. I don't claim to be able to resolve this debate. However, I saw something interesting that I did not know before. It seems that R. Shlomo Zalman Auerbach considered New York, presumably Manhattan, to be a public thoroughfare (reshus ha-rabbim). If so, then he would presumably disapprove of building an eruv in New York.

I saw this in an otherwise unrelated comment in Shulchan Shlomo, Shabbos, vol. 1 303:13. I looked through Shemiras Shabbos Ke-Hilkhasah and could not find any similar comments, neither in the name of the author (R. Yehoshua Neuwirth) nor in the name of R. Auerbach. It just brings down the two sides in the footnotes to chapter 17.

Add that to the list of great scholars who opposed eruvin in Manhattan, not that there were/are no great rabbis who approve of them.

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Hirhurim in Haaretz

Comments to this post (link) are mentioned in the following article in Haaretz (link):

Soloveitchik aide stands by his revealing book
By Raphael Ahren

The author of a new controversial book last week defended his decision to publish private conversations he had with one of Modern Orthodoxy's most prominent thinkers, saying that Rabbi Joseph B. Soloveitchik would have wanted him to publicize his statements...

Click here to read moreCritics say Rabbi Soloveitchik never would have approved the publication of unpolished, off-the-cuff statements.

"Holzer did a huge disservice to his rabbi," a reader of the popular Orthodox "Hirhurim" blog commented. "Not everything said should be published, certainly not about particular people. There were some very nasty remarks about Rav Kook, the Lubavitcher Rebbe and others."

Another user wrote: "Unless the Rav gave [Holzer] permission to publish these private conversations, I vehemently object to their publication. I understand that the family is quite upset with this book." Dr. Haym Soloveitchik, the Rav's son and a respected Yeshiva University historian, declined to comment for this article...

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Announcements #098: New Session of Hebrew Ulpan at WebYeshiva

New Session of Hebrew Ulpan at WebYeshiva

Now with new courses and an expanded program:

Beginning May 2nd

WebYeshiva is excited to be offering another session of Hebrew Ulpan starting this May at WebYeshiva. Delivered by Rabbi Shlomo Eitan, founder of "Ulpan Eitan", you can now learn to read the Tanach, Siddur and Mishna in the original Hebrew and experience the joy of understanding independently the beauty of the original text, without the crutch of translations.

With four different levels, and classes available morning, afternoon, and evening, you can design your Hebrew Ulpan at the level and schedule that's right for you!

Click here to view the full selection of Hebrew Ulpan classes and register now!

NEW! Ulpan for Medical and Legal Professionals

For the first time ever, WebYeshiva is offering special Hebrew ulpan classes for medical and legal professionals. Find out more by visiting the Ulpan for Legal Professionals page and the Ulpan for Medical Professionals page.

You can also improve your Hebrew Speaking ability with WebYeshiva's new Spoken Hebrew Ulpan for Intermediate students. Click here to learn more.

Gone is the drudgery of memorization, the fear of getting bored, the confusion of learning grammar, and intimidation of vocabulary overload. Rabbi Eitan has developed a unique, user friendly approach that has proven successful with adults who want to develop their Hebrew skills, overcome their fear of the language, or feel at home in classical Jewish sources.

To view the full selection of ulpan classes and course descriptions, click here now.

For more information or if you have any questions regarding Hebrew Ulpan at WebYeshiva please contact office@webyeshiva.org or call +972 (0)2-567-1719

If you have more specific questions regarding the curriculum and level placement please contact Rabbi Eitan at welovehebrew@gmail.com, subject line: WebYeshiva .
For more information about WebYeshiva's other shiurim and to register for our FREE Summer Zman, please click here.




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Parashah Roundup: Acharei Mos-Kedoshim 5769

by Steve Brizel

Yom HaZikaron and Yom HaHatzmaut

Esther Wachsman describes the sense of unity generated for the safe return of Nachshon Wachsman, HaShem Yimkam Damo, z"l: link

R. Dovid Miller and R. Ezra Schwartz examine the connection between Yom HaZikaron and Yom HaAtzmaut: link 1 (audio), link 2 (audio)

R. Mosheh Lichtenstein evaluates the religious significance of the establishment of the State of Israel in the light of Purim and Chnukah: link

R. Hershel Schachter explores the contemporary application of the Mitzvah of living in Eretz Yisrael and sets forth 10 reasons to support Hakamas Medinas Yisrael: link 1 (audio), link 2 (audio)

R. Shalom Rosner examines the meaning of Geulah today: link (audio)

R. Joshua Flug discusses whether one should recite a Bracha on Halel on Yom HaAtzmaut: link

R. Zvi Sobolofsky explores Kedushas Eretz Yisrael: link (audio)

R. Michael Rosensweig explains why Yom HaAtzmaut presents us with an opportunity for Kedushah, spiritual opportunity, Hallel and Hakaras Hatov: link

Click here to read moreAn Overview of Acharei Mos-Kedoshim

R. Yitzchak Etshalom explains the sequencing of the various mitzvos in both parshiyos: link

R. Baruch Simon demonstrates a common theme underscoring both Parshiyos, namely acting in advance of the appropriate time and with proper reverence for the Ziknei HaDor: link (audio)

Acharei Mos and Sefer Vayikra

R. Avraham Walfish explains why Parshas Acharei Mos is the pivotal parsha in Sefer Vayikra: link

Avodas Yom Hakippurim

Rav Soloveitchik z"l explores the many Halachic and Hashkafic dimensions of the Avodas Yom HaKippurim: link

Issurei Arayos

R. Yakov Haber (formerly of RIETS) explores many of the reasons for Issuei Arayos: link

R. Zvi Sobolofsky explains why the concept of Asu Siyag LaTorah is a mechanism for our Yiras Shamayim, and especially so in the area of Arayos: link

Chukos HaGoyim

R. Dovid Gottlieb explores the Halachic and Hashkafic aspects of Chukos HaGoyim: link (audio)

Kedoshim Tihiyu

R. Michael Rosensweig and R. Mayer Twersky explain why Parshas Kedoshim is a key to acquiring a halachic values and world view and a focused, consecrated life: link 1, link 2

R. Berel Wein, based upon the famous words of the Ramban, exhorts us not to compartmentalize our lives: link

R. Yissocher Frand, based upon the Chasam Sofer's understanding of a Machlokes Rashi and Ramban, reminds us that this portion was given in a mass gathering to emphasize that the fact that we are commanded to achieve Kedusha through a certain degree of abstinence, it can only be done in the context of family and community: link

R. Asher Brander reminds us that Parshas Kedoshim is the third Parsha where the Aseres HaDibros are given and explains the unifying elements of all the Mitzvos: link

Lifnei Iver

R. Asher Weiss discusses the dimensions of Lifnei Iver Lo Siten Michshol: link

Kiddush HaShem

The Nesivos Shalom, as elucidated by R. Yitzchak Adlerstein, explains why the Rambam discusses the halachos of Kiddush HaShem in Hilcos Yesodei HaTorah: link

Pikuach Nefesh

R. Zvi Sobolofsky explores the halachic dimensions of Pikuach Nefesh: link (audio)

Vahavta Lreacha Kamocha

R. Mordechai Willig and R. Daniel Stein discuss the relationships between observant and non- observant Jews and inviting a non-observant Jew for a Shabbos meal: link 1 (audio), link 2 (audio), link 3 (audio)

R. Hershel Shachter discusses halachic issues relating to Gerus and Kiruv: link (audio)

R. Dovid Gottlieb discusses the obligation and limit of Kiruv: link 1 (audio), link 2 (audio)

R. Daniel Feldman discusses priorities in Tzedaka: link (audio)

R. Shlomo Riskin, based upon R. Hai Gaon's understanding of the time of the demise of R. Akiva's students and the views of R Yochanan Ben Zakkai and R Akiva in the aftermath of Churban Bayis Sheni, suggests an alternative explanation for their demise: link

Lo Takifu and Tatoos

R. Asher Weiss explores the prohibition of Lo Takifu and Tatoos: link

Link to last year's roundup: link

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Torah From Heaven - A Translation of Heschel's Work

I. Heavenly Torah

Prof. Abraham J. Heschel's Torah Min Ha-Shamayim Be-Aspaklaria Shel Ha-Doros was recently published in English translation as Heavenly Torah: As Refracted through the Generations. The book is a massive single volume, sadly without an index but containing excellent chapter introductions by the translator, (Conservative) Rabbi Gordon Tucker.

In this book, Heschel does much more than analyze the attitudes among the Sages to the heavenly origin of the Torah. He posits that there were two distinct theologies among the Sages. It is common knowledge that there were collections of halakhic midrashim emanating from the schools of R. Akiva and R. Yishmael (e.g. Mekhilta De-Rabbi Yishmael and Mekhilta De-Rabbi Shimon Bar Yochai -- R.Sh.B.Y. was a student of R. Akiva). Previous scholars analyzed the different midrashim and found differing approaches to deducing laws from the Torah, such as R. Akiva finding significance in every details and R. Yishmael allowing for stylistic elements.

Click here to read moreII. R. Yishmael and R. Akiva

Heschel takes this study to a new level. He suggests that there are also distinct theological differences between these two schools. He sees R. Yishmael as a rationalist who relates to a distant, transcendent God. R. Akiva, on the other hand, is a mystic who feels God intimately involved in our world.

After establishing these theological differences in volume 1 of the original Hebrew, Heschel proceeds in volume 2 to show how this impacted their attitudes to the Torah. According to R. Akiva, God is so mystical and involved that He gave us a complete Torah that is fixed and unaffected by human innovation. However, according to R. Yishmael, man has a role in creating the Torah -- both through prophetically inspired additions to the Written Torah and by using the thirteen methods of textual inference to create new Oral Torah.

What remains implied but unstated, until the translator emphasizes these points in his introductions, is that modern challenges require the flexibility of R. Yishmael's approach and not the overly dogmatic approach of R. Akiva, but also the mystical passion of R. Akiva and not the dry philosophy of R. Yishmael.

Reading through the book chapter by chapter, as this dichotomy is systematically applied to every major theological issue -- free will, prophecy, providence, etc. -- with an incredible array of talmudic, midrashic and medieval sources brought to support this thesis, is both exhilarating and overwhelming. This is a monumental work of genius.

III. Problems With The Theory

Yet, if you read it carefully, you will see that there is an incredible amount of fudging. Heschel's task is to separate two distinct approaches. However, he often quotes a source and assigns it to one of the schools without proof that it is, in fact, from that school. In a book about R. Akiva and R. Yishmael, there are a surprising number of sources that have little to do with either of them. You often get the feeling that Heschel created these a priori typologies and then looked for sources that he can pigeon-hole into them, calling them by the names of R. Akiva and R. Yishmael more because those are the names of the categories than any compelling reason.

Note also that these two categories are remarkably similar to the medieval rationalists and kabbalists or the modern academics and chassidim. His applying these worldviews to talmudic figures is reminiscent of the controversy over the publication of Parashas Derakhim. That book, written by the brilliant R. Yehudah Rosannes (author of Mishneh La-Melekh), contains ahistorical explanations of talmudic and midrashic passages, at time attributing disputes between (for example) the Rambam and the Ra'avad to a disagreement between Yosef and his brothers. Some of R. Rosannes' contemporaries objected to this approach of ahistorically retrofitting later disputes onto earlier figures. Heschel seems to be taking a modern dispute and attributing it to R. Akiva and R. Yishmael, Parashas Derakhim style. It's brilliant, but is it true?

Additionally, and here is the big problem that Heschel raises in his introduction but never resolves, what about all the Sages throughout the generations who clearly adopt contradictory attitudes according to Heschel's thesis about R. Akiva and R. Yishmael? The primary, but by no means sole, example is the Rambam. When it comes to the creation of new laws through textual inference, the Rambam clearly follows the school of R. Yishmael -- there is human contribution to the Torah (in its expansive definition). But when it comes to the authorship of the Pentateuch, the Rambam is an ardent follower of R. Akiva -- there is no human contribution to the Torah. Remarkably, Heschel quotes the Rambam in both discussions as following different schools but does not resolve the contradiction.

Conclusion

In general, it seems that Heschel's thesis is just too big. He tries to pack everything into a simple dichotomy and the reality is that the world is much more complex. I'm not sure that Heschel would disagree with this criticism. It could be that he was being intentionally ahistorical, trying to create a basis in the sources for modern theology even if it doesn't adhere faithfully to the original intentions. I don't know.

However, while we have to acknowledge that the sources he quotes are legitimate, his explanations of the sources and his connections between them end up creating something more radical than any of them actually say on their own. The views the book presents, in the context that Heschel sets, are not necessarily those of the Sages. Because of the book's brilliance, it ends up being very misleading.

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Announcements #097: New OU Kosher DVD

New OU Kosher DVD

Get an entertaining kosher education in the convenience of your home, synagogue or school with these five invaluable DVD's:

• Kosher Kidz - Takes children on an engaging tour through the basics of kosher certification


• The Kosher Fish Primer and Kosher Birds: Who Are They? - Show kosher consumers the ins and outs of identifying kosher fish and birds


• Kosher Meat: Unexplored Frontiers With Rabbi Yisroel Belsky - Elucidates how the laws of kashrut interface with the biology of animals and kosher meat preparation


• NEW! Insect Free: A Guide To Home Vegetable Inspection - in which viewers are guided expertly in the fine art of ensuring that their vegetables are kosher. This video runs almost an hour-and-a-half in length and features a recognized expert who shares his vast expertise in a clear and engaging way so that the steps in inspection are simple to follow.

Distribution of these educational DVD's serves as one of the many ways that OU Kosher is reaching out to the public. OU Kosher's educational programs also include the popular OU Kosher Coming project, which sends the OU's Rabbinic Coordinators to schools, synagogues, college campuses and communities -- enlightening thousands with their vast knowledge of halacha and technology.

To purchase the NEW Insect Free DVD at $10 or the entire set at $35, or to request an "OU Kosher Coming" program for your school, synagogue or community -- Safrane@ou.org.



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Happy Holiday

Rerunning an old post due to time constraints. See also R. Ari Enkin's recent post about the day: link

I. The Issue

It is common in Israel for many people to greet each other on Purim and Chanukah (and Israel Independence Day) with "Chag Samei'ach" (Happy Holiday). There is a reason to oppose this practice, based on a halakhah regarding Shemini Atzeres. I'll try to explain the reason for the objection and why I think it doesn't apply.

II. The Objection

Click here to read moreThe Shulchan Arukh (Orach Chaim 668:1) writes that in the prayers we refer to Shemini Atzeres as "Yom Shemini Chag Ha-Atzeres". The Rema writes that the Ashkenazic practice is different, to say "Yom Shemini Atzeres Ha-Chag". The reason he gives for this is that the other way implies that Shemini Atzeres is a "chag" in the technical sense of having a chagigah sacrifice, which is not correct. Therefore, rather than call the day a "chag", we should refer to it as the end (atzeres) of Sukkos, which is a "chag". (The Vilna Gaon [Ma'aseh Rav, no. 268] follows the vast majority of medieval authorities who support the first version and not the Rema's.)

However, the Pri Megadim (ad loc., Mishbetzos Zahav 1) disagrees with the Rema and says that both ways can be understood as implying that Shemini Atzeres is the end of Sukkos, which is a "chag". And, indeed, the Maharil explicitly adopts the Shulchan Arukh's way of saying it but explains it as the Pri Megadim does. However, the Pri Megadim adds that we should keep the phrase "Shemini Atzeres" connected and uninterrupted, like it is in the Torah. (He also says that we should say "Atzeres" and not "Ha-Atzeres", but I have never seen a prayerbook that has it that way.)

According to the Rema and Pri Megadim (and many others), we have to be careful to not refer to Shemini Atzeres as a "chag" because it lacks a chagigah sacrifice. If that is the case, then we should also make sure not to call Purim (and other days) a "chag" because it also doesn't have a chagigah sacrifice. Hence the objection to the greeting "chag samei'ach" on days that are not technically chag.

The Bekhor Shor (Sukkah 46b) and Birkei Yosef (Orach Chaim 668:1) bring many proofs that the Talmud understood Shemini Atzeres as being considered a "chag" despite its not having a chagigah sacrifice. If they are correct, then the Rema's objection falls away (although the Pri Megadim's remains). However, this does not necessarily mean that the greeting is appropriate. Just because the Torah called Shemini Atzeres a "chag" doesn't mean that any day can be called one; it is, after all, still a full-fledged holiday.

III. The Counterargument

Despite all this, I don't think that this objection is convincing. The Shulchan Arukh (Yoreh Deah 220:20) rules, based on a Yerushalmi, that someone who vows not to have wine on "chag" is not allowed to drink it even on Shemini Atzeres. The Taz (ad loc. 15) writes that this is not relevant to our discussion of Shemini Atzeres because vows follow colloquial language (leshon benei adam). Even if Shemini Atzeres is not technically considered a "chag", if people regularly call it one then in a vow it is considered a "chag". The language of prayer, however, is different and cannot follow colloquial usage.

In addition to the obvious, what we see from this Taz is that there is no objection to calling Shemini Atzeres a "chag" even if it is not technically one, as long as you don't do it in prayer (the Taz certainly disagrees with the Bekhor Shor quoted above). If so, there should also be no objection to calling Purim (and other days) a "chag", by saying "chag samei'ach", if that is the colloquial usage. Like with vows and Shemini Atzeres, it should not matter whether or not a chagigah sacrifice is brought on that day. It is all a matter of common usage.

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Announcements #096: Jews and Political Power in the Modern World: A Conference

Jews and Political Power in the Modern World: A Conference

Sunday, May 3, 2009
1:30 - 6:30 PM at the Yeshiva University Museum
15 West 16th Street

Modernity has brought Jews political power unknown to previous generations. Both in Diaspora communities and in Israel, Jewish thinkers have conceptualized political power in imaginative and exciting ways. This conference, sponsored by the Jay and Jeanie Schottenstein Honors Program of Yeshiva College with Yeshiva University’s Center for Israel Studies and its Rabbi Arthur Schneier Center for International Affairs, will explore the intellectual life of Jews as they coped with political power and power relationships during the 20th century.

Click here to read moreThe conference brings together leading scholars in the fields of history and culture to explore the concept of power in the Jewish experience. Guest lecturers include Ilan Troen, Michael Walzer, and Ruth Wisse. The conference was conceived and organized by a team of students of the Jay and Jeanie Schottenstein Honors Program of Yeshiva College, advised by Professors Ruth A. Bevan and Steven Fine.

Sunday, May 3, 2009, 1:30 - 6:30 PM at the Yeshiva University Museum, 15 West 16th Street




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Yom Ha'atzmaut - Haircuts & Shaving

By: Rabbi Ari Enkin

There is an interesting phenomenon among many in the centrist-orthodox (Chareidi-lite?) communities who observe Yom Ha'atzmaut. Even among those who celebrate and otherwise participate in Yom Ha'atzmaut festivities in every way, including attending live musical performances and dancing, many among the centrist-orthodox decline the opportunity to cut their hair or to even shave in honor of the day. Lately, I have been contemplating whether or not there is any halachic foundation for this approach.

Click here to read moreAt first glance, this trend seems to be somewhat hypocritical – the restrictions of sefirat ha'omer either apply in their entirety or they are lifted in their entirety - you can't have it both ways. There does not seem to be any precedent for picking and choosing which mourning customs to observe on specific days of the omer. If you feel that Yom Ha'atzmaut overrides the sefirat ha'omer custom of not listening to live music and dancing then why shouldn’t it override the restriction of shaving?

Rav Tzvi Yehuda Kook was a major force and proponent for shaving in honor of the day and Rabbi Shlmo Aviner calls it a great mitzva worthy of ignoring the instructions and preferences of one's parents.[1] It is reported that Rav Kook was once asked what the halacha is with regards to shaving on Yom Ha'atzmaut and his response was that he would examine their faces on Yom Ha'atzmaut for the answer. When he saw that many of his students did not shave in honor of the day he labeled them with the verse: "Their faces show their character",[2] as if to say that the disheveled look on their faces from not shaving shows that they did not understand or appreciate the great spiritual significance of Yom Ha'atzmaut. As he put it: "When there is faith, there is joy and when there is joy there are no halachic doubts".[3]

Nevertheless, there may indeed be some basis for participating in live music and dancing on Yom Ha'atzmaut while at the same time opting not to make use of the "heter" to shave. Rabbi Josh Flug tells me that Rabbi Hershel Schachter is of the opinion that Yom Ha'atzmaut does not, in fact, suspend the mourning customs of sefirat ha'omer. Rather, one is permitted to engage in those activities which are clearly identified with celebrating the creation of the State of Israel, and shaving is not one of these activities. According to this approach, the creation of the modern day State of Israel is spiritually and religiously comparable to Purim and Chanuka – and on neither of these days is shaving and haircutting a part of their observance. Only on the shalosh regalim (Pesach, Shavuot, and Sukkot) do we find shaving and haircutting a part of the holiday preparations. Yom Ha'atzmaut is certainly not halachically comparable to the shalosh regalim.

Another consideration for not shaving might be the fact that the institution of not listening to live music and dancing during the sefirat ha'omer is actually only of recent vintage having been instituted in the 17th century. The prohibition on cutting one's hair and shaving, however, is a much older one, dating back to the 14th century and maybe because of this, it is better entrenched in our sefira observance.

S.B. of Ramat Beit Shemesh suggested that it may just be that in today's climate of chareidization and the-move to-the-right people are somewhat intimidated (frightened?) to be affiliated with Zionism and Israel. Indeed, there are a number of schools in Ramat Beit Shemesh in which participating in Yom Ha'atzmaut festivities is simply not tolerated, vhameivin yavin. As such, one can still attend all the Yom Ha'atzmaut festivities and opt not to shave thereby "hiding the evidence" of one's true beliefs.

I'm actually unsure why I have never shaved on Yom Ha'atzmaut though I have always participated in celebrating it in every other way. Frankly, I think it is because I am somewhat uncomfortable looking trimmed and groomed in the days following Yom Ha'atzmaut when the mourning of sefirat ha'omer returns to full swing. However, there does not seem to be any halachic precedent or legitimacy for this approach (cf. shaving Erev Shabbat-Rosh Chodesh Iyar).


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[1] She'eilat Shlomo 2:144, Iturei Cohanim #186, cited at: http://www.ravaviner.com/
[2] Yeshayahu 3:9
[3] Iturei Cohanim #52, Sichot Harav Tzvi Yehudah: Medinat Yisrael #34 p. 4, Sefer Rabbenu p. 204, cited at: http://www.ravaviner.com/

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More on Hirhurim 2.0

In this post (link), I outlined how I was going to try to bring the Hirhurim blog to Facebook. It kind of fizzled out because I couldn't find anything new to bring to it.

However, in general, I have stopped posting article links on the blog unless they are part of a larger post. Instead, I am posting them as links on my personal profile. Some have even generated a bit of discussion. If you want to join (or follow) that conversation, become my friend: link

(How desperate does it sound to ask other people to be your friend?)

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Announcements #095: WebYeshiva FREE Summer Zman

One Week Until WebYeshiva's FREE Summer Zman Begins!

Don't miss this opportunity to register for WebYeshiva's FREE Summer Zman. WY has new shiurim to offer, including: The Thought of Rav Kook, Maharal of Prague, Medical Ethics, The Principles of Psak, and more. Check out our new website for more information and to register.

New shiur on Kabbalah and Prayer!

The WebYeshiva presents a twelve-week course exploring the connections between Kabbala and Prayer, God and Self, with Rabbi Avraham Chira. Each class will develop foundation concepts from Kabbala, and use them as a lens for exploring Godliness and Self, and the action of prayer as the primary tool for connecting the two. The class will require some experience in the literature of this discipline, but those without are still encouraged to participate and investigate the appropriate texts, available in English. The fee for this course is $50 USD.

For more information, or for general inquiries, please contact
office@webyeshiva.org or call +001-212-920-8844 / +972 (0)3-900-3015.




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Worrying Over Death

The Mishnah in Avos (2:4) tells us that you should not say that you will learn when you have time, because you might never have time. While it could mean that there are an infinite number of things that can appear and distract you from learning, it could also mean that you never know how long you will live. You should be concerned about pushing off learning because you might not live long enough.

Later in that chapter (2:10), we are told to repent one day before we die. As explained in the Gemara (Shabbos 153a), this means that you should repent every day because you need to be concerned that you might die tomorrow. From the two mishnayos, it seems that we should be worried about our mortality and the inevitability of death.

Click here to read moreFranz Rosenzweig begins his Star of Redemption (p. 1) with a statement about how the fear of death hangs over us:

From death, it is from the fear of death that all cognition of the All begins... All that is mortal lives in fear of this death...

That's the new translation. The old translation has it like this: "All cognition of the All originates in death, in the fear of death... All that is mortal lives in this fear of death..."

We have to keep in mind that Rosenzweig wrote those words in the trenches of World War I. We can ask whether from a talmudic perspective it is appropriate to be worried that we might die tomorrow. From an actuarial perspective, such death is possible it is highly unlikely (except for those extremely ill). But should we worry over that possibility?

The Talmud (Sukkah 23a; Nedarim 3b; Gittin 28a) quotes a debate between R. Meir and R. Yehudah over whether Jewish law is concerned about imminent death. The following three cases are all connected based on this dispute:

1. Whether you may use a live animal as a wall for a sukkah. A dead animal is invalid and the issue is whether we are concerned that the animal might die.
2. A man declares that he will be a nazir sometime during his lifetime. Are we concerned that he might die and therefore he becomes a nazir immediately?
3. A kohen who gives his wife a bill of divorce and declares that she is divorced as of the die before he dies. Do we assume that he might die tomorrow and therefore she may not eat terumah (which is reserved for kohanim and their families) immediately?

It would seem, from the discussion in the Talmud, that these three cases are linked together. If we are worried that you may die soon then we are strict on all three. If not, then we are lenient on all three. However, the Rambam seems to rule inconsistently on these. Regarding the bill of divorce and the nazir he rules strictly and regarding the sukkah he rules leniently.

In a responsum regarding someone who is allowed to leave jail on a brief furlow to attend synagogue, whether he should wait for a holiday or leave immediately, R. Tzvi Ashkenazi (Chakham Tzvi, no. 106) discusses whether we should be concerned that this person might die before the holiday. He raises the issue of the Rambam's inconsistency and leaves it unresolved. The Lechem Mishneh (Hilkhos Nezirus 1:1) attempts to solve the problem on the levels of both theory and the talmudic text.

However, the Arukh La-Ner (Sukkah 24a) complicates matters by pointing out other relevant cases:

4. Someone who vows to bring voluntary sacrifices to the Temple may wait until the next holiday to do so, and we are not concerned that he might die before then.
5. Someone who vows to fast may push off his fasts until the winter, when days are shorter, and we are not worried that he might die before then (Shulchan Arukh, Orach Chaim 168:3).
6. Someone who vows to buy a new house must buy the first appropriate house because we are concerned that he might die before he finds another (Shulchan Arukh, Yoreh De'ah 219:1; Magen Avraham 168:13).

The Arukh La-Ner attempts to reconcile all of these different cases and the Rambam's rulings by distinguishing between a defined period and an undefined period. In any given period during which most people do not die (e.g. one week, one year) we are not worried that you will die. However, if the law is regarding an undefined period of time, then we are worried.

Therefore, if someone makes a vow regarding becoming a nazir or buying a house without specifying the time period, we are worried about his eventual death and require him to fulfill the vow immediately. But issues with a specified time period, such as a voluntary sacrifice that must be brought by the next holiday or a sukkah that must be valid for only one week, we are not concerned.

The bottom line: Everyone dies eventually but don't be so worried that your time is just around the corner.

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AIG Bonuses

R. Dr. Asher Meir published an article from two weeks about an AIG executive's Op-Ed in the NY Times in which he announced his resignation (Op-Ed in NYT, Asher Meir). Dr. Meir calls the letter "a monument of misdirection." He says that the letter displays "the culture of entitlement that permeates Wall Street." Ouch!

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Audio Roundup XXXVIII

by Joel Rich

Reminder: TIM as a courtesy to Hirhurim readers is allowing their reviewed shiurim to be downloaded at no cost. Go to http://www.torahinmotion.org/store/prod_search.asp and enter coupon code 7508956 (NOTE THE NEW CODE) upon checkout

Warning – Paradigm shift ahead – Please keep your heads within the ride at all times.

Dr. Ya'akov Elman - Historical Context & Background of the Talmud: link

Understanding history helps you understand Talmud. There are assumptions that “everyone knows” at the time but later "no one knows" (e.g. door construction). Political history may explain why shmuel was the expositor of dina dmalchuta. Fascinating discussion of a story of R’Yochanan and R’Cahana [my chiddush – perhaps the story that R’Cahana was “resurrected” by R’Yochanan explains why the gemara elsewhere can give the answer to a seeming contradiction as “there were 2 R’Cahana’s” and the differing versions in the Bavli and Yerushalmi. Historical struggle for dominance?

Click here to read more

Dr. Ya'akov Elman - Sources & Typology of Sugyot: link

Note – the Talmud contains different genres and the rules of storytelling may change over time. 55% of the Bavli is anonymous and provides the framework for the other 45%.

The gemara doesn’t seem primarily interested in final halacha, it does use sophisticated logic but can’t reconcile all sugyot (there really are differing viewpoints). Rishonim are aware of many sugyot added by gaonim (was this by mesora or logic?).

Rabbi Yonason Sacks - Inyanei Haseder: link

There’s a dynamic tension between Avdut (slavery) and cheirut (freedom) throughout the Haggada. Discussion of the difference between Sippur (telling) and Zichira (remembering). Requirement of hodaah (giving thanks) for both the ups and downs – Halacha and Hashkafa of Pesach.

Rosh HaYeshiva Norman Lamm - Sefirat HaOmer-Ideological Background, Halachic Consequences: link

Hashkafik insights from sfirat (counting) of the omer – is it viewed as bitulit (counting down) or kiyumit (positive build up) – Open vs. closed world views!

Rabbi Sitorsky - Shmot: link (go to this website - Shmot 5769)

Parshat Shmot as the story of both galut (exile) and geula (redemption). Focus on the period and purpose of shovavim. A somewhat nistar (hidden) kabbalistic approach.

Rabbi Beinish Ginsburg - Lessons and Inspiration from the Life and Teachings of the Rav zt'l: link

What made the Rav special – stories
1. Ameilut B’Torah
2. Surrender to will of HKB”H
3. Humility
4. ruaavir al midotav
5. Sensitive to others suffering
6. Gave freely of his time
7. Felt the presence of shechina
8. Felt living mesorah
Nice selection of stories but I can’t agree with what the presenter felt the best hesped to be that of R’Weinberg.

Rabbi Jeremy Wieder - More Shades of Gray: link

(A lighter shade of pale?)Daily Talmud shiur dealing with general approach to Aggadita (a’la Rambam) and Sheidim (little devils?). General rule sheidim can’t act if their actions would be recognizable (perhaps related to miracles only occurring if samui min haayin (out of sight) and general rule of not assuming HKB”H will intervene).

Little on sheidim in the Yerushalmi (vs. Bavli) {Me-see R' Elman above?}
Sheidim were used to explain the unexplainable, now since science explains much not as much need (me – typical rationalist!)

Uses Gemara Pesachim 94b where Nirin divreihem (secular scholars were right).

Dr. David Berger, Rabbi Michael Broyde - The Seal of G-d is Truth: link

Coincidence? He starts early with the same gemara in Pesachim. He then gives a nice summary of a number of approaches to how to deal with (me – perceived – I’m still hoping to get an artscroll biography written about me ) contradictions between science and chazal (reason and revelation).

1. Pachad Yitzchak (18th century) – science hasn’t changed, it is correct & halacha should change (killing lice on Shabbat example).

2. R’Dessler – All halacha of chazal is correct & “sort of” halacha moshe misinai – chazal may have given reasons based on then current science, but that was their addition (or as I learned in my brief visit to Gush – descriptive not prescriptive).

3. Chazon Ish says in order to save scientific and chazal truth, R’Dessler sacrificed "learning" (i.e. what’s the point if its all really chok) thus we must answer nature changed but we have no authority to change halacha.

4. R’Moshe Feinstein – by case of Ptzuah Daka – reality changes and so does halacha.
5. R’Menashe Klein – current science is wrong (or scientists are….)

Interesting dicta at end re: how one chooses an approach (me – IMHO it’s a symbiotic relationship between the individual (personality, experience) & Torah and even if you’re a 1. or 4. how to decide where to change without too much disruption to “make the world a better place” (did I hear someone say meta halacha?)

It would be nice if R’Broyde could post the exact Mareh Mkomot for each approach.

Rabbi Daniel Stein - Hilchos Hechsher Keilim Review: link

Everything you ever wanted to know about the rules of koshering utensils.

Chief Rabbi J Sacks - Unity Lecture: link

Chief Rabbi Sacks on behalf of Lubavitch on the occasion of Hakhel. There are 3 mitzvot – Hakhel, Birchat Hachama and Pesach which reflect creation, revelation and redemption as well as the individual, the family and the nation. Bottom line – unity of the Jewish people is important! [me – seems like we all agree on this – just many want the unity on their terms].

Rabbi Dr. Daniel Sperber - Can Halacha Allow Change? Women's Spiritual Expression and Community Traditions: link

Halacha generally conservative get society changes and halacha evolves (e.g. heter iska (interest), prozbol) and some change becomes so accepted we don’t think about it. Obviously evolution in society of women’s roles, evolution in women learning (large scale) started with chafetz chaim. Now we have Toanot and poskot. Within halachik world we see evolution of bat mitzvah from forbidden to accepted [me – meta discussions].

Bottom line – when societal changes create religiously dangerous tension, halacha must react. Women aliyot also discussed (maybe ok for new communities).

OU Kosher Pre-Pesach Webcast 5769: link

(Let’s discuss till next Pesach – in Yerushalayim in the rebuilt beit hamikdash I”YH )
R’H Schacter (R’HS) & R’Y Belsky (R’YB) Q&A session.
R’HS discussion of Shmsrah matzah and 18 minute (= 1st run of the AM) matzah [issue is chumrah if some old dough falls back in prior to Pesach – there’s an opinion of chozer v’niur on Pesach]. Also machine (cleaner) vs. hand (better Lshma).

R’HS – Koshering china – the opinion of the Chacham Tzvi that leaving it unused for 12 months is effective – generally not accepted.

R’HS – dish towels – just wash them well.
R’HS – countertops – only need to be cleaned off unless you’re putting hot Passover foods on them.
R’YB - kitniyot were generally defined by some combination of the “seedness”, the “flourness” or the similarity of the cleaning process. So for “new foods” need to look at these. He feels quiona flour is so similar to chametz that it is kitniyot (vs. potato which is a large vegetable, not a seed). Others disagree and may be meikil if it’s a health issue with no substitute.

R’YB – too many people who go away for yom tov think they can just go away and lock the door (not – unless you’re really incapacitated).

R’HS – must use a candle for biyur chametz .
R’HS – If you did bdikah in the office do you have to worry about office staff putting chametz on your desk (and cover with towels). Answer – Don’t be paranoid (me – excellent general advice).

R’YB – medicine chest – worry about edibles/grain alcohol’s (liquid medicines in particular). Pills generally not an issue but vitamins may be.

R’YB – Paper plates/towels – don’t worry about cornstarch.
R’HS & R’YB – Self cleaning ovens don’t need an insert. Stainless steel (R’HS) sink – even if pour boiling water need insert (concern if hot chametz had touched steel – irui isn’t enough).

R’HS – If kids eat when they play, you must clean toys. If parents eat when they learn, you must clean sefarim. (me – some are machmir to not open a sefer all year)

R’YB – Any "halachik relief" due to financial crisis? Don’t look for kulot, be machmir for chesed.
R’HS – You can skip part of maggid for non-frum guests (not to be bored), but should ask shaila as to which.
What if kids dvrei torah postone afikomen till after chatzot? Teach kids not to, ask wife to cut down on number of courses! If visiting negotiate in advance, if no choice, what can you do?

R’YB – Baby food kitniyot, just wash off plates in a non-pesach sink but rice cereal has flakes of other cereals and not batel since mixture takes place on Pesach.

R’HS – Foods that are kosher for pesach but opened before Pesach we generally don’t use but if sealed, just wipe off.
R’YB – Hot water pump from pre-pesach is fine if only used for water and no kids put stuff in but should do irui on spout.

R’HS – meat packaged prior to pesach is OK if packager established rules about no
chametz around
- egg matzah no good – R’A. Soloveitchik felt his really had no chance of being chametz because it was always being worked.

R’YB – General discussion of rules of blessings on matzah based products
- no pesach concerns with bagged “Kosher” lettuce (hmmm – did he mean there are kashrut concerns?)

Dr Marc Shapiro - Facts and Faith: Is Truth the Ultimate Value in Orthodoxy?: link

R’M Shapiro discusses the rewriting of history and censoring of books.
Examples included retouching – pictures of gedolim (putting on kipot in German University), their wives (so they can meet R’Falk’s rules), title pages (to take out some “art” {think Dan Akroyd as E. Buzz Miller}, haskamot (who wants R’Kook’s these days)…

MO do as well (but should know better) Israeli Charedim do it the most (view that the elite must control what the masses see).

It’s no surprise – the charedi, world view truth more as an instrument than as a value and there’s ample precedent [me – but even then, will it work?]

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Is Hinduism Avodah Zarah?

Avodah Zarah is loosely translated as idolatry or polytheism. I don't know much about Hinduism but as I read Dr. Nathan Katz's memoirs of his journey from studying Hinduism to becoming an Orthodox Jew, I was surprised by some of his comments. He suggests a few times that perhaps Hinduism is not avodah zarah. He is not an authority on Judaism but most Jewish scholars do not know about Hinduism with the same depth that he, a professor of the subject, does.


Click here to read moreHe writes in his book, Spiritual Journey Home: Eastern Mysticism to the Western Wall:

The question of one God versus many gods confounds every westerner who approaches Hinduism. On the apparent level, Hinduism has many gods who are depicted by murtis, statues or idols. Idolatry, of course, is not only condemned in the Biblical second commandment, it even contradicts the much less doctrinaire seven Noahide commandments that are said to be obligatory for all descendants of Noah, which is to say everyone.

Yet when the swami speaks of God as the Light, beyond all form and distinctions, this apparent level of understanding is put into question. And the more one delves into the philosophies underlying Hindu practice, the more the apparent level is exposed as a mere comic book version of a profound and serious theology. At the same time, some of the practices of Hinduism cannot be affirmed from a Jewish standpoint. (p. 42)

---

Most of us think of Judaism, Christianity, and Islam as the three western monotheisms, as though monotheism never existed in India. Some politely refer to them as the three Abrahamic faiths, as Abraham is taken to be their father, either in a literal or a spiritualized sense. These western religions are assumed to be distinct from "eastern religions," which are characterized by a cyclic view of history and multiple deities. Indeed, that is one way to make a general distinction. But it is not the only way, as I tell my students... (p. 46)

---

For an observant Jew, participation in this sort of dialogue raises issues of avodah zarah, a derogatory term meaning "other people's worship," something to be avoided at all costs by observant Jews. Is Tibetan Buddhism avodah zarah, or is it another name of God?... Yet, the question is not simple. Ample halakhic authorities, from Sa'adia Gaon to Maimonides, sometimes held accommodating views regarding other religions. Somehow this liberal thread has receded into the background, and more rigid views have come to the fore. The texts do not hold a monolithic view... (pp. 114-115)

There are opinions that polytheism is not considered avodah zarah for Gentiles if they worship God at the top of their pantheon. This is not the position of R. Sa'adia Gaon or the Rambam, contrary to what Dr. Katz suggests, but that of many Ashkenazic authorities. If Hinduism has the same God as we do then perhaps it qualifies as shituf.

However, Dr. Katz suggests that Hindu practice might qualify as avodah zarah even if its theology does not. Meaning, if Hinduism allows or requires certain acts that qualify as idolatrous, then the concept of shituf does not help. This is, indeed, the view of the Avnei Nezer (Yoreh De'ah 123:9-10), but only if the worship is solely to a statue and not to a statue and God together. If Hindu worship is to one of their gods and also to the supreme God together, then it is permissible as shituf. I don't know enough about their theology and practice to reach any solid conclusion.

Note that this post is not an invitation to speak in-depth about Hindu beliefs and practice. Rather, it is to raise the awareness that an expert in Hinduism (who is now an Orthodox Jew) considers it to be less of an avodah zarah than I had previously thought.

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Parsha Roundup: Tazria-Metzora 5769

by Steve Brizel

Yom HaShoah

R. Aharon Lichtenstein reminds and exhorts us to respond , but not to offer theodicy-based explanations for the Holocaust: link

R. Tamir Granot explores various hashkafic perspectives on anti-Semitism and the Holocaust: link

R. Hershel Schachter discusses how a Torah observant Jew should approach the Holocaust: link (audio)

Click here to read moreInsights into Tumah and Taharah

R. Ezra Bick provides an overview of Tumaah and Taharah: link

R. Aharon Lichtenstein explains how the Halachos of Tumaah and Taharah differ from the magical and scientific approaches to purity and impurity: link

R. Michael Rosensweig illustrates how the Halachos of Tzaraas are rehabilitative in nature: link

R. Yonasan Sacks explores the relationship between the Halachos of a Metzorah and an Avel: link

R. Dovid Horwitz, based upon the teachings of R Chaim Shmuelevitz, ZTL explores the connection between a poor man, a leper, a blind person and a childless person as stated in Nedarim 64b: link

R. Yitzchak Etshalom explores the sequencing of the Halachos in both Parshiyos and their relationship to contemporary Jewish issues revolving around Jewish statehood: link

R. Berel Wein suggests that Tumaah and Taharah are concepts that have much significance to contemporary society and mores: link

R. Yissocher Frand, based upon the Tefilah of Rav mentioned in Brachos 16b-17a, as explained by R Nisson Alpert, z"l, explains why the efficacy of our Tefilos is dependent on clean speech: link

R. Baruch Simon explores the hashkafic implications of why a spread of Tzoraas is Tahor: link (audio)

Bris Milah

R. Jonathan Sacks explains why Bris Milah is the sign of the covenant: link

The Sacrifices of a Mother After Childbirth

R. Issac Bernstein z"l and R. Shlomo Riskin explains why a mother offers a Korban Olah and a Korban Chataas, but not a Korban Todah: link 1, link 2

R. Asher Brander delves into the question why Tummas Leidah is doubled from seven days to 14 following the birth of a daughter: link

Halachic and Hashkafic Aspects of Lashon Hara

R. Dovid Gottlieb discusses Halachic and Hashkafic aspects of Lashon Hara: link (audio)

Last year's roundups: Tazria, Metzora

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Avoiding Danger: The Intersection of Theology and Law

An interesting example of the intersection of hashkafah (theology) and halakhah (law) is the rule about avoiding danger. The Rema (Yoreh De'ah 116:5), among a list of specific recommendations of dangerous practices to avoid, writes that you should flee a city in which there is a plague. Commenting on this, the Pischei Teshuvah (no. 8) and Darkhei Teshuvah (no. 95) cite a responsum from the 15th century Algerian Torah scholar, Rashbash (R. Shlomo ben Shimon Duran, son of the Rashbatz).

In this responsum (Responsa Rashbah, no. 195), the Rashbash responds to a query whether there is any theological purpose to fleeing from a city in which there is a plague. If your death has been decreed by God, then fleeing should not help. And if not, then there is no need to leave. The Rashbash's theological analysis serves as the basis not only of his own ruling but also of the Rema's practical ruling to flee such a city, at least as the Pischei Teshuvah and Darkhei Teshuvah understand it.


Click here to read moreBecause of this responsum's importance, I would like to summarize its contents:

1. Every person has an individual, set lifespan (cf. Ex. 23:26; Isa. 38:5; Ps. 39:5).


2. This lifespan can be lengthened as a reward for doing good and shortened as a punishment for doing bad (cf. Deut. 30:16; Prov. 10:27).


3. Someone who does not have sins that require shortening his life is not judged on Rosh Hashanah for life or death, but is judged for wealth and other things.


4. Someone who is not judged for life or death on Rosh Hashanah is subject to premature death (i.e. not at his set time) due to chance, plague, war, etc. during that year (about death through accident or war, Rashbash quotes the Kuzari 5:29; Emunah Ramah p. 97; Magen Avos 5:21; see also Sefer Ha-Ikkarim 4:21).


5. Since you do not know whether or not you were judged for death/life on Rosh Hashanah, you must avoid dangerous situations and flee from a city in which there is a plague.

There is more to the responsum but this should suffice as a summary. I find it quite significant that the idea that someone can die by chance has halakhic ramifications and is quoted by significant authorities.

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Counting the Omer - In Your Dreams

By: Rabbi Ari Enkin

As a general rule, one who has forgotten to count the omer on a given night is able to rectify the omission by counting any time during the following day, though the accompanying blessing may not be recited. Once one has counted the missed "omer" during the day, one is then permitted to resume counting the omer on consecutive nights along with the accompanying blessing. However, one who missed an entire day in the count (i.e. one forgot to count at night or any time during the following day) is still required to continuing counting the remaining days of sefira, however, the accompanying blessing may not be recited.[1]

It once happened in Izmir, Turkey, that a pious individual had fallen asleep one night before having counted the omer. As this man was sleeping, he realized in his dreams that he had forgotten to count the omer that night and thus did so in his dream! The next morning the man forgot about his dream, his "missed" count, and did not even remember to count the omer anytime during the day.

Click here to read moreIt once happened in Izmir, Turkey, that a pious individual had fallen asleep one night before having counted the omer. As this man was sleeping, he realized in his dreams that he had forgotten to count the omer that night and thus did so in his dream! The next morning the man forgot about his dream, his "missed" count, and did not even remember to count the omer anytime during the day. At ma'ariv the following night the man realized what had happened – that he had forgotten to count the night before – but did so during his dream – but did not count again during the day. This person was know faced with a dilemma – was he permitted to continue counting the omer with the accompanying blessing by virtue of having counted in his dream, or is the fact that he did not do so while awake any time during the day cause him to forfeit the ability to recite the blessing?

This question was posed to the Rabbi of Izmir, the legendary Rabbi Chaim Palagi. The rabbi ruled that this individual was no longer permitted to recite the sefirat ha'omer blessing as the count he had done in his dream was halachically inadmissible.[2] His ruling was based on a Talmudic precedent which teaches that one who had heard the Purim megilla while drowsy or dozy had nevertheless discharged the mitzvah of megilla. However, one who had been fully asleep would not have discharged his obligation.[3]

Rabbi Palagi extends this idea and rules that mitzvot, particularly those dependant on hearing or speaking, cannot be fulfilled while asleep. In fact, to emphasize that counting of the omer in a dream is meaningless, Rabbi Palagi added that if our dreamer would have woken up immediately following his dream he would have been able to count "again" along with the accompanying blessing.

I got somewhat excited when I saw this discussion as I had once figured out a Tosfot in a dream. I had been working on a certain Tosfot for quite some time, never having gotten it entirely. My Rebbe, Rabbi Moshe Furst (from my Toronto days) tried explaining it to me, but even with his clear explanation it just didn’t "click". That night I had a dream in which I was reviewing the Rebbe's explanation over and over, when –in my dream- it finally clicked! In fact, when I woke up I remembered the dream, the explanation, and indeed – I had the Tosfot down cold.

I wonder now if I was yotzai the mitzvah of Torah study in this dream. According to those authorities who rule that one fulfills the mitzva of Talmud Torah even by merely reading or thinking about Torah (as opposed to those authorities who require one to audibly recite the words one is studying) the answer is probably yes. It is not completely clear, from this teshuva at least, how Rabbi Palagi would rule.


**********************************

[1] O.C. 489:7,8
[2] Lev Chaim 3:126, cited in Veharev Na;Shmini
[3] Megilla 18b

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Talmudic Advice on Checking Your Portfolio

Some people are tempted to check their stock portfolio every five minutes. Others don't want to look at it ever. Should you check it and, if so, how often? I think the Talmud has some relevant advice (Chullin 105a):

Shmuel said: About this, I am like vinegar the son of wine compared to my father. My father would inspect his fields twice a day but I only inspect mine once a day. Shmuel is consistent with his opinion because he said: He who checks on his property once a day will find a silver coin (i.e. will profit).

Click here to read moreAccording to Shmuel, you need to check on your fields at least once a day, preferably twice. This is true even if you have professionals working the fields and overseeing them. Rashi (ad loc., sv. sayer, mishkakh) explains that you have to check on your fields to see if there is anything you can fix. As the subsequent story in the passage makes clear, your overseers might not be paying sufficient attention to the work or might even be stealing from you. That is why you need to personally inspect the fields at least once a day.

The Maharshal (Yam Shel Shlomo, Chullin ch. 8 no. 9) explains that this is important because you have to be careful to retain your wealth. If you become poor, the community will have to support you and you have no right to bring yourself to such a situation. Therefore, you must check on your fields and make sure that you do not lose substantial amounts of money. The Iyun Ya'akov (on Ein Ya'akov, ad loc.) goes so far as to state that there is a prohibition to ignore your fields.

How does this relate to your portfolio? Even if you are not an active trader, if you have the ability to reallocate within your portfolio (even your 401K) then you have assets that need to be watched like a field. You might have a financial adviser but overseers also need to be watched. Therefore, it seems that this talmudic advice would be translated into making sure to check your portfolio once a day, twice being even better. It could be that you will not find anything you can do, maybe for years. But all those days of checking will be worthwhile the one time that you find something.

Many people have no problem checking their portfolios every day and actually check them obsessively all day. On that issue, listen to this lecture by R. Mayer Twersky: link.

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New Periodical: Kol Hamevaser 2:6

There is a new issue of Kol Hamevaser: The Jewish Thought Magazine of the Yeshiva University Student Body on the topic of Jewish Philosophy. The whole issue is available here: link. Also, those who would like to subscribe to automatically receive a PDF version of new editions of the paper should send an e-mail here.

• Letter-to-the-Editor by Shalvi Berger
• Letter-to-the-Editor by Natanya Horowitz
• My Documentary Hypothesis by Jesse Lempel
• When Logic Meets Flew: On the Meaningfulness of Theological Assertions by Alex Ozar
• The Maimonidean Roots of American Literature by Ruthie Just Braffman
• Rabbi Joseph B. Soloveitchik, The Metropolitan Museum of Art, and a Global Community by Alex Luxenberg
• Towards Logic, the Sublime, and the Other by Gilah Kletenik
• An Interview with Rabbi Eli Baruch Shulman by Ari Lamm and Shaul Seidler-Feller
• Moses ben Maimon’s Treatise on the Resurrection of the Dead and its Subsequent Insight on the Ideal Worship of God by Ilana Gadish
• A Burning Fire and a River of Tears: One Day in My Shoes by Anonymous
• Old Nation, Young Love by Jake Friedman
• Responding to Social Change by Rabbi Yosef Blau
• Kol Mevaser or Kol Hamevaser? by The Editorial Board

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Books Received IV

I don't always have the chance to review each book, so I'll list the books that I receive. Some of them will be quoted or reviewed in future posts. Here are the books I've received in recent weeks:

• Mitzvas Ha-Shabbos: Mi-Marah Ad Sinai by R. Elchanan Adler
• Hegyonei Ha-Parashah, vol. 1 Bereishis, vol. 2 Shemos by R. Aryeh David Wasserman
• Light In The Closet: Torah, Homosexuality and the Power to Change by Arthur Goldberg

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New Periodical: RJJ Journal no. LVII

The Journal of Halacha and Contemporary Society LVII (Pesach 5769, Spring 2009):

• A New Set of Genes: Halachic Issues in Genetically-Engineered Foods by Michael I. Oppenheim, MD -- A fairly comprehensive review of recent posekim about the kosher status of genetically engineered foods by one of my four favorite doctors in the Five Towns.


• May a Kohen Enter a Museum? by R. Mordechai Millunchik -- Bottom line: If the museum has a corpse, probably not.


• Heating Food on Shabbat by Yosef Wagner and Binyamin Silver -- A basic review of the positions. I'm not sure why this article was necessary when the subject is discussed in a number of readily available books.


Click here to read more
• Pathways: Easements in Halacha by R. Yosef Gavriel Bechhofer -- What recent authorities have said about removing public access to a path that has been used widely in the past. I was recently told in the name of R. Asher Weiss that the best way to learn Choshen Mishpat is through sugyos. Here's one.


• Life-Saving Duties on Shabbat: Switching Call With a Non-Observant Jews by R. Howard Apfel -- Exploring the lenient position of R. Moshe Feinstein and the strict position of R. Shlomo Zalman Auerbach. Surprisingly, the author doesn't quote any of the literature regarding a religious soldier switching shifts with a non-religious soldier (e.g. R. Nachum Rabinovich, Melumedei Milchamah, no. 11; R. Yosef Tzvi Rimon, Tzava Ka-Halakhah, pp. 169-170).


• May the Jewish Daughter of a Gentile Man Marry a Kohen? by R. Michael Broyde -- No. See the full article here: link.

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Parashah Roundup: Shemini 5769

by Steve Brizel

The Dedication of the Mishkan

R. Issac Bernstein zt"l suggests why the day of the dedication of the Mishkan is referred to as the eighth day: link (audio)

The Routine, Extraordinary,Innovation and Routine

R. Aharon Lichtenstein explores the innate tension between the requirements of rigorous routine, the need to infuse the ordinary with a spiritual dimension, Kehunah and Nevuah: link 1, link 2

Click here to read moreThe Ziknei Yisrael and the Error of Nadav and Avihu

R. Mordechai Willig and R. Mayer Twersky underscore the importance of adhering to the views of those Talmidie Chachamim with a greater knowledge of Shas and Poskim on matters of halachic policy and proper leadership and in considering who is capable of rendering Psak Halacha: link 1, link 2

R. Dovid Horwitz warns us against the error of religious subjectivism: link

Horaah and Kohanim

R. Yitzchak Etshalom elucidates the connection between Horaah ( instruction and teaching on a practical level) with the role of Kohanim and why any Jew who rises to this level acts as a Divine agent: link

Accepting Divine Will and Discipline

R. Berel Wein, R. Jonathan Sacks and R. Avraham Gordimer demonstrate the connection between the episode of the death of the sons of Aharon HaKohen and the laws of Kashrus: link 1, link 2, link 2

R. Shlomo Riskin suggests that silence, building, planting and preserving, as exemplified by Aharon HaKohen, as opposed to protest, was the best means of maintaining our relationship with God after the Holocaust: link

The Nesivos Shalom, as elucidated by R. Yitzchak Adlerstein, explains why adherence to the halachos of Arayos and Kashrus, sanctifies a Jew's life: link

The Midpoint of The Torah

R. Yissocher Frand reminds us that the transmission of Torah SheBaal Peh , as opposed to literal Biblical interpretation, is the key to Torah understanding: link

The Laws of Kashrus

R. David Brofsky provides a survey of the Halachos of Kashrus: link

R. Ephraim Buchwald surveys numerous rationales for the Halachos of Kashrus: link

R. Asher Weiss explores the halachic issues involved in deriving financial benefit from prohibited foods: link

R. Dovid Gottlieb discusses the Kashrus of turkey: link (audio)

R. Baruch Simon investigates the hashkafic bases of the Simanei Taharah, the presence of only one Siman Tahor in the Behemos Sheino Tahor and a well known statement of Rabbeinu Bechayeh about the Chazir: link (audio)

Sidras and Haftoras

R. Soloveitchik zt"l explores the relationship between the Parshiyos and Haftoras in Sefer Vayikra: link

Last year's roundup: link

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Hirhurim in the News

The Forward, or should I say "one editorialist", quotes Hirhurim on the woman rabbi issue (link), albeit without proper attribution (link):

Hurwitz’s conferral ceremony — a sly way of avoiding use of “ordination” — has drawn harsh reaction in the Orthodox world. “After witnessing the quick disintegration of the Conservative movement’s allegiance to halakhah since its acceptance of women rabbis, how can we view this development in Orthodoxy with anything but pain?” cried out one blogger.

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Mishing

I. Mishing

There is a practice among some to refrain from eating at the home of others on Passover (what I believe some call "mishing"). While it is difficult to pin down a label of permissible or forbidden on this practice, I was wondering whether this custom is proper or not. It seems to imply that other people are insufficiently religious and that you don't trust their kosher standards. That doesn't seem like a good thing to do. I'd like to suggest that it is a dispute between Rashi and Tosafos whether this practice is proper.

II. Accepting an Invitation


Click here to read moreThe Gemara (Chullin 7b) tells the story of R. Pinchas Ben Yair and R. Yehudah Ha-Nassi (Rebbe). Rebbe invited R. Pinchas Ben Yair to join him for a meal and R. Pinchas Ben Yair agreed. Rebbe reacted with surprise, to which R. Pinchas Ben Yair responded: "Do you think I vowed not to receive benefit from all Jews? Jews are holy." He then goes on to say that he does not ordinarily eat at other people's home because some people invite but don't have the food to give him and others invite unwillingly. However, since he knows that Rebbe has the food and invited him willingly, he is glad to join him. They ended up not eating together for other reasons.

The Talmud Yerushalmi (Ta'anis 3:1) gives more background to this story. It seems that Rebbe had intended to permit working the land during the Shemitah year since it is only a rabbinic prohibition and was causing severe hardship for poor workers. R. Pinchas Ben Yair came to Rebbe to convince him not to permit it. Despite this disagreement about Shemitah food, R. Pinchas Ben Yair was still willing to eat with Rebbe.

The question remains what R. Pinchas Ben Yair's responses was to Rebbe when he said that Jews are holy. Rashi (sv. Yisrael) explains that since they are holy, they are worthy of your deriving benefit from them. In other words, it is proper to accept an invitation from another Jew. However, Tosafos (sv. ve-yesh) seem to understand that phrase as meaning that Jews are holy and therefore invite guests out of embarrassment even though they can't afford it.

Therefore, according to Rashi it is good to accept a sincere invitation from another Jew (who can afford it) while according to Tosafos it is neither good nor bad. It would seem that according to Rashi the practice of not "mishing" is improper when we are dealing with religious Jews who are not suspected of feeding you unkosher food, while according to Tosafos this practice is not necessarily improper.

III. Hakhnasas Orechim

Note that generally speaking, there is no issue that not "mishing" prevents others from fulfilling the mitzvah of entertaining guests (hakhnasas orechim). That is because, as the Rema (Shulchan Arukh, Orach Chaim 333:1) points out, the mitzvah only applies to a guest from another town who is staying at your house or someone else's house. Inviting a neighbor is not a fulfillment of the mitzvah. Therefore, there is never an issue of preventing others from fulfilling the mitzvah with someone who stays home for Pesach and refuses to eat at a neighbor's house.

IV. Possible Reasons

I do not think that the reason for this practice is a concern that a fellow Jew will feed you food that does not fit your standards. As long as you make them aware of your standards, you are allowed to eat with them because they are forbidden from feeding you things that are contrary to your custom (Shulchan Arukh, Yoreh De'ah 119:7). If your standards are too arduous, then they can simply say that they don't think they can match it. But when everyone lives together in a homogeneous community, which still happens, then it is likely that you all have the same standards.

However, I was thinking that perhaps this practice makes it easy to avoid offending people whom you think might be insufficiently strict in their observance of Pesach. By refusing to eat at anyone's home, you do not have to single out the people whom you do not trust. In a neighborhood of mixed observance, this is a handy practice. However, it might still offend people unless it is sufficiently widespread.

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