Friday, October 30, 2009

Weekly Links

Rules: link (Note that this post will move every day until the end of the week)

Friday
  • SALT today: link
  • Shootings at LA synagogue: link
  • On the Leo Frank case: link
  • Baltimore saves Jewish Times: link
  • Response from Jewish Times: link
  • Dr. Hayim Tawil publishes Akkadian lexicon: link
  • Foreign language URLs to be allowed: link
  • Brandeis professor studies marriage in the Russian shtetl: link
  • A YCT student explains the (liberal) young American Jewish mindset: link

Previous days' linksThursday
  • SALT today: link
  • US State Dept. says Israel discriminates against non-Orthodox Judaism: link
  • Distinguishing between depression and despair: link
  • R. Avi Billet: The Very-Short-Marriage Crisis: link
  • R. Tzvi Hersh Weinreb: On The Bimah Again: link
  • Drop in Jewish web searches, rise in traffic to new sites: link
  • Steinhardt warming up to God: link
Wednesday
  • SALT today: link
  • Chief Rabbi Jonathan Sacks becomes a lord: link
  • LA multi-denominational rabbis unite: link
  • Bronfman and Wertheimer debate assimilation: link
Tuesday
  • SALT today: link
  • Rav Elyashiv's rulings hit mainstream media: link
  • Wikipedia striving for balance on divisive issues: link
  • NYC Dept of Health issues poster to wash hands and recite the blessing after using the bathroom: link
  • Ivanka Trump married Jared Kushner in an Orthodox ceremony: link
  • More on UK Jewish schools accused of racism for only accepting Jewish students:
Monday
  • SALT today: link
  • Modern Orthodox schools need to have a student body with diverse religious practices: link
  • Howie Beigelman on a universal Jewish political agenda: link
  • Birthright trips reduce intermarriage: link
  • R. Meir Soloveichik on Dr. Michael Wyschogrod's theology: link


Thursday, October 29, 2009

Reb Yerucham and YU

In a recent post to the Seforim blog (link), Prof. Marc Shapiro describes how a letter to the journal Or Yisrael quotes R. Yerucham Gorelik's son as saying that his father never taught Gemara in Yeshiva University; he only taught Jewish thought (hashkafah):
אמנם זה עתה שמעתי מבנו של הגאון ר' ירוחם זצ"ל ה"ה ש"ב הגאון רבי מרדכי לייב גארעליק שליט"א שר' ירוחם גארעליק זצ"ל מעולם לא לימד שם גמרא כלל ואדרבה הי' סבירא לי' שאיסור חמור הוא ללמוד או ללמד גמרא בישיבה יוניברסיטה אפי' לשעה קלה ואפי' ע"מ להצילם, ועל אף שבידוע פעל רבי ירוחם זצ"ל רבות בכדי להציל את התלמידים דשם ולהוציא יקר מזולל, מ"מ לא עשה זאת ע"י שיעורים בגמרא אלא אך ורק ע"י שיעורים בהשקפה בלבד עכת"ד.
This is blatantly false. While thousands of students can attest to this, there is a published record as well. In the book published to commemorate the hundredth anniversary of the yeshiva that became YU, Sefer Yevul Ha-Yovelos, an essay was included from R. Gorelik that consisted of a student's notes about R. Gorelik's unique insights into the beginning of Bava Kama. How, one can ask, would a student have notes on Bava Kama if R. Gorelik did not teach Gemara in YU?

Click here to read moreThe brief bio of R. Gorelik and the essay from Yevul Ha-Yovelos is reproduced below: link to download PDF



Audio Roundup LXV

by Joel Rich

The current issue of The Harvard Business review includes the following 3 approaches to “The New Landscape of Decision Making”.
MethodDescriptionBenefitsCautionary Message
AnalyticsUsing data and quantitative analysis to support decision makingDecisions are more likely to be correct.

The scientific method adds rigor
Gathering enough data may be difficult and time-consuming

Correct assumptions are crucial
AutomationUsing decision rules and algorithms to automate decision processesSpeed and accuracy

Criteria for decisions are clear
Difficult to develop

Decision criteria may change
IntuitionRelying on one’s gut and experience to make decisionsEasy and requires no data

The subconscious can be effective at weighing options
Typically the least accurate of decision approaches

Decision makers are easily swayed by context
Which of these best describe the halachic decision making process now? Pre-now?
Click here to read more
  • Justice-Micheal Sandel: link

    While I found the series so far to be a bit to canned, the philosophical issues raised are of great interest (coincidence that my Shabbat chaburah was studying the Chazon Ish’s (#69) responsum on deflecting an arrow to save 5 by killing 1 the week that the WS Journal printed a story on this series?) I’ve suggested to some “shiur channels” that they take this series and assemble halachic thought thereon. We’ll see if anyone takes on the challenge.

  • Rabbi Mayer E. Twersky-Halachic Parameters of bitachon: link

    Requirement and meaning of bitachon. Parnassah related examples and that one should believe that one won’t be adversely affected by giving up certain profit related activity (e.g. not cheating in business). It’s a weltanschang which covers everything from choosing a profession (which isn’t all consuming) to making “reasonable” hishtadlut efforts (me - sounds like the Supreme Court’s definition of pornography?)
    Question – why wasn’t the transition to paid rabbinical positions considered a lack of bitachon?

  • Rabbi Dr. Aharon Lichtenstein - Q and A #1 5770 (Low Audio): link

    Not a lot of Q’s for an hour:
    1. teaching torah – to non bnai brit, to women – what’s relevant (long discussion)
    2. YU’s role in Israel. How, if at all, it should enter; a lot will depend on who would lead.
    R’YBS wasn’t “interested” in EY (IIUC as far as being involved in “local” decisions?) – Centrality of EY wasn’t recognized.
    Generally supportive of YU but some parts/people not consistent with what he’d want and some internal fixing needed.
    Some in OJ don’t think integration/TUM/secular studies have any value, others think the price isn’t worth the pain. Even some of those who see some value don’t think should be under same roof (R’Hutner – let them study with me full time for 6 years, then study science [me – very practical solution for the masses The proof would be in the pudding, but of course no one does any formal surveys. That being said, my anecdotal experience is that it is much harder to stay the course outside of YU than inside. Of course, it's possible those who do are stronger for it and everyone makes their own decisions. For the group as a whole, I'd go with YU as having the better outcome.]).
    3. No bechira chofshit other than for man (Breishit aside – the trees making decisions is a mystical thing). How do we understand HKB”H “changing his mind”? Better to have a good question than a bad answer. R’AL opts towards HKB”H having flexibility for change.

  • Rabbi Hershel Schachter - Halachos of Bikur Cholim: link

    A classic R’HS shiur filled with lots of goodies like minimum shiur for bikkur cholim is 3.6 (halachic?) minutes.
    Goal is to do the maximum you can to help the person get better – so in addition to helping to the extent you can (including putting them in a good mood), you must pray for them. [me - Does this include mumbling [the gabbai (or you)] the person’s name?] The Netziv in his commentary on the Shiltot says you can only offer a prayer in shmoneh esrai or tehillim (not a misheberach!) [me – mpi hashmuah R’YBS held this way; no wonder I resonate to his wavelength].
    Most mitzvot between man and man are covered under Vahvta lreacha kamocha (love your neighbor as you love yourself) and thus subject to reciprocity [thus no coverage for non-bnaibrit. However there is a torah commandment of imitato dei which does cover our relationship with them!] [Hmmmm!]
    Putting oneself into Safek (doubtful) danger to save one in definite danger – Must, May or Can’t? R’Chaim says must.
    Talmud Nedarim – Tosfos there is weak!
    Can you pray for someone to die? Yes, depending on the situation.
    Bit of discussion of when prayer must be in Hebrew and what it means that angels don’t understand Aramaic (don’t ask me what it means).
    Interesting history of nicht on shabbos geret.
    When can or can’t an individual refuse treatment? Extremes are obvious, tripwires not so clear.

  • Rabbi Daniel Stein - Eiruvin Chazarah 5770 (on shiurim 1-4): link

    Very detailed review (first in a series)of various types of physical areas for purposes of carrying (or not) and building eruvim.
    Interesting (to an actuary) point that R’Moshe ball parked an estimate of what % of people who live in an area would actually be on the street at any one time. I’d love to know what data was examined or experts consulted.

  • Rabbi Hershel Schachter - Chazzara Shiur #1 - Inyonei Chullin/Y"D: link

    First in a series of a very detailed review of basic kashrut issues; Here includes bittul, rov, ein mvatlin issur lchatchila, davar sheyesh lo mattirin.
    Of course, kdarko bkodesh, many opinions quoted.
    Interesting discussion about safek drabbanan l’kula and when to ignore (i.e. be strict anyway)

  • Rabbi Josh Strulowitz - Pru U'rvu: Why do we need a Mitzvah commanding us to do something we would naturally be inclined to do: link

    Psychological explanation of why the mitzvah is for men and why it needs to be a
    mitzvah.

  • Rabbi Aaron Rakeffet-Rothkoff - Saving lives, Shalit, Triage: link 1, link 2

    Hostage issue. Halacha and Hashkafa – it’s not a simple question.

  • Rabbi Michael Taubes - Parshas Bereishis Making Early Shabbos: link

    The usual suspects – including davening mincha and maariv in the same halachic time period, are you really turning Friday afternoon into Shabbat or just accepting some restrictions earlier on Friday.

  • Rabbi Yehoshua Grunstein - Noach- the Tzelem Elohim when traveling or waiting for luggage: link

    Mussar – Be a mentch in the airport (and everywhere else).

  • Rabbi Aryeh Lebowitz - Ona'as Devarim Part I - Overview and Possible Exceptions: link

    Talmudic sources of different types of Onaat dvarim – some specifics and exceptions (to be continued).

  • Rabbi Mordechai Torczyner - Cosmetic Surgery: link

    Sometimes beauty matters (see hilchot aveilut for women, “competencies" for Kohain Gadol [this bears further discussion]). Deal with possible issue of self wounding as long as “reasonable” risk.

  • Rav Ezra Bick - Aggadot Avraham #01 - Vayomer Hashem el Avraham: link

    Beginning of a series on interpretation of Medrashim. Here Avraham/Lech Lcha and leaving an old life behind, asking questions and the burning/lit up house medrash.

  • Rabbi N Vilner - Halacha and Refua 1: link

    Balancing professional confidence (HIPPAA?)/privileged information and when it can/must be broken from an halachic standpoint. What is the source (lo telech rachil?) and what is the counter (Hashavat Aveidah, Lo Taamod)? Shut Tzitz Eliezer on the general issue and child abuse in particular.

  • Rabbi Hanan Balk - Hamakom Y'nacheim: A New Explanation: link

    R’YBS – Hamakom is used (e.g. hamakom yinachem) when we feel distanced from HKB”H. R’X adds it may refer to the bet hamikdash.

  • Rabbi Allen Schwartz - Bible Commentators 01 - Rashi (1): link

    Why did Rashi move away from the standard medrash approach which preceded him to a more pshat basis? Perhaps due to the disputations with non-bnai brit in Europe. In sfard they were more scientific and thus more prone to a pshat approach. Rashbam was very critical of Rashi as pshat; but Rashi was an important transition.

  • Rabbi Ally Ehrman - Will The Real Tefillah Bi'tzibbur Please Stand Up!: link

    Discussion of various opinions on what exactly is tfila btzibur and tfilat hatzibbur. Rambam as source of practices, opinions of R’M Feinstein and R’YBS. Some practical differences.

  • Rabbi Ezra Schwartz - Yichud: A matter of life and death (part 1): link

    Answering the age old question – who jumps off the ski lift (if anyone) if you’re “stuck” in a yichud situation. Is it a Torah or rabbinic prohibition? Is it Yehareg V’al Yaavor?

  • Rabbi Jeffrey Saks - Rambam, Introduction to Perek Helek - Part 1: link

    Beginning of series – Here biography and major works; begin discussion of principles of faith (paging Dr. Shapiro!)

  • Rav Binyamin Tabory - She'elot uTeshuvot #01, Mishpat Kohen - Rav Kook: link

    Beginning of a series of sh”ut and the historic and geographic context. Here R’Kook and his love of Eretz Yisrael.

  • Rabbi A Klapper - May One Pray for Others to Repent?: link

    A question to the meil tzedakah – can you pray for someone to repent; is this a prayer to remove free will? Various Talmudic stories brought as proofs. Bottom line yes but better not (my general question – what does it mean that HKB”H prefers but doesn’t demand?). R’Klapper sees this as an example of letting halacha operate within his philosophical context (don’t really want to take away free will).

  • Wednesday, October 28, 2009

    Parashah Roundup: Lekh Lekha 5770

    by Steve Brizel

    The Importance of Learning Chumash with Ramban
  • Rav Soloveitchik ZTL explains why Ramban's commentary is critical to an understanding of Chumash and even more critical to a Jewish world view than the Moreh Nevuchim: link (audio)

  • Noach and Avraham
  • R Yitzchak Etshalom probes the connection between Noach and Avraham: link (PDF)

  • Click here to read moreHaShem's Command to Avraham Avinu
  • R Ephraim Buchwald, based on Rashi and Ha Ksav Vhakabalh, discusses why Avraham Avinu was commanded to first leave his country and then his family's home: link
  • R Sir Jonathan Sacks reminds us why Avraham Avinu was commanded to leave his father's house: link
  • R Yissocher Frand explains why Avraham Avinu became the vehicle for God's blessings for all of the nations of the world: link
  • The Nesivos Shalom , based on Breishis Rabbah 39:9, contrasts the commandments to Avraham to leave his home and the Akedah: link
  • R Berel Wein explains why Avraham Avinu was told to go specifically to the Land of Israel: link
  • li>R Shlomoh Riskin outlines seven uniquely Jewish ideas that changed the world: link
  • R Asher Brander explains why only Avraham is called my beloved by God: link

  • Avraham and Emunah
  • R Avigdor Nevenzal and R Michael Rosensweig explains why Avraham Avinu's sense of Emunah should be emulated in our lives and was embedded in the national consciousness of the Jewish People: link 1, link 2

  • Avraham Avinu and Kvius
  • R Baruch Simon explains why Avraham Avinu is a model for Kvius: link

  • The War of the Kings
  • R Avraham Gordimer examines the lessons of the wars of the kings: link

  • Leaving the Land of Israel
  • R Aharon Lichtenstein explores the nature of the prohibition of leaving the Land of Israel: link
  • R David Horwitz contrasts the views of Ramban and Ralbag in evaluating Avraham Avinu's leaving the Land of Israel: link

  • Sarah and Hagar
  • R Ezra Bick contrasts the reaction of Sarah and Rachel: link

  • The Covenant of the Pieces
  • R Aharon Lichtenstein , based upon the Ramban, explains why the Bris Bein Habesarim was an unconditional covenant: link

  • Avraham and Parenting
  • R Aryeh Leibowitz discusses Avraham Avinu's approach to parenting: link (audio)

  • The Mitzvah of Bris Milah
  • R Asher Weiss discusses many halachos related to Mitzvas Milah: link (audio)
  • R Zvi Sobolofsky explains when and why a Bris Milah is delayed for a natural birth: link (audio)

  • Mitzvah Bo Yoser Mi BiShlucho
  • R Daniel Z. Feldman explores the halachic principle of Mitzvah Bo Yoser Mi BiShlucho: link (audio)

  • The Observance of Mitzvos by the Avos and Imahos
  • R Shalom Rosner investigates the observance of Mitzvos by the Avos and Imahos: link (audio)

  • Halachic Aspects of Hachnas Orchim
  • R Dovid Gottlieb discusses offering food to a guest who will not say a bracha: link (audio)

  • Special Interest Department
  • R Hershel Schachter, in the course of his Jewish Heritage Tour of Germany, discusses the Torah of German Rishonim and Acharonim: link (audio)

  • Talking To Your Children About You-Know-What

    Below is something new for this blog -- an interview with an author. I sent a few questions to Sara Diament, author of an important new book for parents titled Talking To Your Children About Intimacy: A Guide For Orthodox Jewish Parents (link). My questions are in bold. You can also find a review of the book in a recent issue of The Jewish Star.


    What is your goal with this new book?

    I’ve been working with pre-teen and teenage girls in yeshivas, talking about topics ranging from puberty to intimacy for about six years. Soon after I started teaching, and as a result, counseling parents, I realized that many frum parents did not feel confident about talking to their children about these issues. The parents I spoke to had a strong sense of discomfort with the topic, did not know how to approach it, and could not find a guidebook available on the mass market that they felt comfortable with. My goal with this book was to empower frum parents to feel capable and competent in terms of discussing intimacy with their children.


    Click here to read moreWhat first got you interested in this subject?

    When I was in graduate school in Columbia I was focusing on women’s health issues with some consideration as to what relevant issues were not being adequately addressed in the frum community. A good friend of mine was a school psychologist in a local girls’ high school and this was an area where she felt strongly that current education was inadequate. I developed a program for her school and went from there.


    Is this really something that needs to be discussed in public?

    No -- That is to say, if all parents were talking to their children about intimacy in an open, honest and thorough way, and not dodging questions because they were uncomfortable. I don’t think it would need to be addressed much further. I am an advocate of this being an issue about which parents teach their children. That said, if parents do not have the tools and there is some need for guidance, there is no choice but to put the issue in a more public arena, whether it be through promoting a book or more public lectures.


    Do you think there are possible negative consequences of raising this issue onto the communal level?

    I don’t. Denying the issue does nothing but harm our children. Obviously, I’m not advocating that people discuss their private lives in public (short of needing to do so with a professional), or that the issue not be approached with a healthy sense of tzniut. But, all children, at all ages, have questions about intimacy. If we do not answer their questions they will either concoct their own answers or, as they get older, find their “answers” from other sources such as TV, the internet and magazines. (In my experience these three are by far the sources of information regarding these issues that modern Orthodox teens rely on.) Beyond that, as parents, our not responding to their concerns implies that there is something forbidden or negative about the topic, which is a feeling that they can carry through, consciously or unconsciously, into their adult lives.


    Why do you think no one has written about this before?

    I think that it is simply the fact that many people, even mental health professionals, are very uncomfortable with the topic. The Orthodox community has a very strong sense of tzniut which is a very admirable quality, but it has to be applied appropriately. Talking about this issue, from a Torah hashkafa, is not a breach of tzniut.


    What do you think is the next step in bringing this issue forward and making a positive change in our community?

    Most parents recognize that the issue is an important one. But, until now there have been very few frum-friendly resources to provide guidance. If parents can overcome their discomfort and guide their children appropriately, whether they be young children or teens, it will have a tremendous impact on the community at large. The key issue here is that our children learn about intimacy from a Torah hashkafa so that they can see the beauty and holinesses in it. Secular society is highly sexualized and the messages our children receive about sexuality from it are not the ideals that we would want imparted. Even if you don’t have home access to TV or the internet, our children are exposed to very sexual images when they pass bus stops, drive by billboards on the highway and see magazines in the supermarket check-out aisle. As frum parents, we need to counter the attitudes reflected by those images. Our children are not going to be aware of or understand the Torah’s view unless the issue is addressed by their parents or educators.

    Is there anything else you'd like to add?

    I’ve been very touched by the positive response to my book. I am also very grateful to Rav Hershel Schachter, Rav Mordechai Willig, and Rabbi Dr. Abraham J. Twerski for their support. Without their backing this project could never have gone forward.


    You can learn more about the book here: link.


    Tuesday, October 27, 2009

    Illicit But Still Free Speech

    There was a recent development in my ongoing conversation with critics of this blog's fairly liberal policy on commenting. The NY Times has an editorial today about a court decision last week (link). A judge dismissed a lawsuit against Craigslist which claimed that the website promotes prostitution.

    Among the editorial's points:

    Click here to read more
    • "As Congress has recognized, if an Internet provider had to police every posting that a third party put up, the cost would be enormous -- and it would likely stifle communications."

    • "Craigslist warns users that offers or solicitations of prostitution are prohibited."

    • "The Communications Decency Act of 1996 protects 'interactive computer services' -- ranging from small bloggers to giant Internet service providers -- from liability, in most cases, for speech they did not help create."
    This blog's policy, based on halakhic advice from an authority, is to warn commenters not to post improper statement and that such comments will be deleted, and to delete those comments when there is time to review them (see these posts: I, II). Currently, both R. Ari Enkin and I review comments, as our schedules permit. I'm not convinced that we catch everything but we are both happy to respond to legitimate concerns about comments that require editing.

    According to the Communications Decency Act of 1996, it seems that we do not have to police our comments for illegal statements (let's assume here that lashon ha-ra is illegal). Since this blog has a warning against slanderous comments and the cost of reviewing comments before they appear is enormous (in terms of time and loss of readership), we have no legal obligation to monitor the comments at all. Is this a good law?

    I was discussing this with someone and he suggested that it is not. If I learned that the comments section on this blog was being used to plan terrorist activities, wouldn't I immediately shut it down despite the simultaneous good comments? If I ran a taxi service through which many murderers traveled to and from their victims' homes, wouldn't I stop the service even if it inconvenienced the legitimate passengers?

    He suggested that it is a matter of the severity of the crime. If the crime is sufficiently severe then that will outweigh the benefits of the service (or the costs of monitoring it). I would slightly revise this argument to account for both the frequency and severity (actuaries know where this formula comes from). If a relatively minor crime occurs frequently then it might outweigh the benefits of the service, or if an enormous crime occurs even rarely then it might as well.

    Exactly how to quantify these items is beyond me but I'm not sure it is necessary. The vocabulary alone helps us. We can make the claim that providing platform for lashon ha-ra in the comments is infrequent and the crime is not that severe, both of which I don't really believe but at least we can identify these specific points as issues to debate. Since both of these points ring false to me, we will continue to edit the comments.


    Cheshvan or Marcheshvan?

    By: Rabbi Ari Enkin

    (This post is an adaptation of "What's the truth about Mar Cheshvan?" by Rabbi Dr. Ari Zivotofsky, Jewish Action Magazine, Fall 2000)

    The true name for the eighth month on the Jewish calendar is actually the one word "Marcheshvan" or "M'rachsh'van" and not "Cheshvan", as it is frequently referred to. For the most part, however, the various months of the year are usually referred to throughout Tanach in numerical order. For example, as the months of the year are counted beginning with the month of Nissan, Cheshvan is referred to as "the eighth month". Another ancient name for the month of "Marcheshvan" which is also used in Tanach is "bul".[2] There are other designations for the various months of the year, as well.[3] In the Talmud, the month is referred to as "Marcheshvan"[4] and this name is used by the early commentators such as Rashi and Ramban.

    Click here to read moreMost of the names of the months which are used today are of Babylonian origin, and were often adapted from the names of ancient gods. As the Talmud notes: "Three things returned with the Jews from Babylonia – the names of the months, the names of the angels, and the Hebrew script in use today."[5] Although the proper name of the month is "Marcheshvan", if one wrote "Cheshvan" on a legal document (such as a get) the document is nevertheless valid since the use of "Cheshvan" has become so widespread.[6] So too, if the name "bul" was used it remains valid, as well.

    The name "Marcheshvan" is probably derived from its position in the calendar. In Akkadian (Babylonian/Assyrian), the “w” (vav) and “m” (mem) sounds can interchange. As a result, Marcheshvan which is from the two words “m’rach” and “shvan,” would have been “warh” and “shman” in Akkadian, corresponding to the Hebrew “yerech shmini,” - the eighth month. Indeed, in the Yemenite tradition, the name of the month is pronounced "Marachsha’wan" which is much closer to the original than the Ashkenazi pronounced "Mar-Cheshvan".

    There is a well-known legend which teaches that the word "Mar" (bitter) was actually added on due to the fact that Cheshvan has no holidays in it, making it "Mar"- a bitter month. There is also a teaching that the "Mar" in this context refers to the passing of Sara Imeinu which was said to have occurred in this month.[7] The Yemenite community also ascribed new meaning to the name of this month. They note that "marachsha’wan" means "spreading [or smoothing] the grain". This refers to the final act performed in the agricultural process before the grain is stored in advance of the season's rains. Because of the "bitter" connotations of Cheshvan there are those who refrain from arranging weddings during this month, though the halacha is not like this view.[8]

    It is suggested that "Mar Cheshvan" assumed its two-word format based on the fact that it is the beginning of the rainy season. The Targum translates the word "mar" as "tipah", which can be interpreted as "drops of water".[9] As such, the two word format can actually be read as "rainy cheshvan" alluding to our hope that God send us [Israelis] much needed rain during this month.[10] In stark contrast to the bitter connotations associated with Cheshvan, there is a Midrash which teaches that the dedication of the third Beit Hamikdash will occur in Cheshvan. Ken Yehi Ratzon.


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

    [2] I Kings 6:38
    [3] See for example, Shemot 13:4, 34:8, Devarim 16:1, I Kings 6:1,6:37
    [4] Pesachim 94b, Rosh Hashana 7a
    [5] Yerushalmi Rosh Hashana 1:2
    [6] Aruch Hashulchan E.H. 127:17
    [7] Esther Rabba 7:13, though there are other opinions as to when Sara Imeini died, as well.
    [8] Shulchan Ha'ezer 4:5:8, B'tzel Hachachma 2:60
    [9] Yeshayahu 40:15
    [10] Pri Chadash E.H. 126:7


    Sunday, October 25, 2009

    Accepting Gentile Charity

    Last week it was reported that R. Yosef Shalom Elyashiv ruled that Jewish organizations in Israel may not accept funding from the International Fellowship of Christians and Jews (link). Presumably, this is because it is essentially accepting donations from Gentiles. I would, therefore, like to discuss the halakhic issues surrounding this and what room there is to be lenient.

    I. Shaming the Jewish People

    The Talmud (Sanhedrin 26b) states that someone who "eats that other thing" is disqualified as a witness. Rashi explains that it means someone who accepts donations from a Gentile. The Talmud goes on to qualify that this only refers to someone who accepts the money publicly but need not do so. According to Rashi, this is a Chillul Hashem. It publicly implies that Jews cannot or will not support these charity organizations (cf. Levush, Yoreh De'ah 254). If someone willingly and unnecessarily does this, he is shaming the Jewish people. However, if he accepts it in private or has no other option, then there is no stigma to it.

    Click here to read moreII. Extending the Exile

    Elsewhere, the Talmud (Bava Basra 10b) opposes accepting charity from a Gentile. The reason given is that the great merit of charity will extend the reign of the Gentile ruler, thereby lengthening the time that Jews are in exile. One should instead somehow refuse the charity so the Gentile kingdom does not receive the merit.

    III. Two Reasons

    These two reasons are accepted as law in Shulchan Arukh (Yoreh De'ah 254:1-2). One might have thought that the first reason only applies to individual donors and the second reason to kings and rulers, and this is how R. Eliezer Waldenberg understood it (Tzitz Eliezer 15:33:5), and he quotes the author of Or Ha-Chaim as stating it as well (Rishon Le-Tziyon, Yoreh De'ah 254:2). However, others understand both reasons to apply to an individual donor (e.g. Binyan Tziyon 85; Minchas Yitzchak 8:85; Iggeros Moshe, Yoreh De'ah 2:117). See a long discussion of this in Ateres Paz (1:3:EH:4).

    Interestingly, Rav Kook (Da'as Kohen, Yoreh De'ah 132) distinguishes between recipients. When an individual receives charity, only the first reason applies. When a community receives charity, the second reason applies.

    From all this, it would seem that Jewish charities in Israel would only be allowed to publicly accept donations from Gentiles if they had no other funding option. This would presumably vary from organization to organization but given today's difficult economic climate, likely includes many charities.

    IV. Leniencies

    However, there is more to be said. The Arukh Ha-Shulchan (Yoreh De'ah 254:3) noted a century ago that it was common practice to accept Gentile charity. He offered two explanations for this practice: 1) There is no other way to survive, 2) Gentiles today are not idolators and therefore we give them charity and they give it to us.

    The Chokhmas Shlomo (quoted in R. Chaim Binyamin Goldberg, Bein Yisrael Le-Nokhri, Yoreh De'ah ch. 28 n. 10) suggests that the entire prohibition only applies when a Gentile gives the money directly to a Jew. However, if there is a Jewish intermediary, who does not need the charity and disperses it to Jews, then there is no prohibition whatsoever. This might be precisely the status of the IFCJ.

    These are three important reasons to halakhically justify the long-standing practice to accept Gentile charity. Maybe we can add a fourth. Let me add another point as a personal suggestion. Perhaps the entire second reason no longer applies now that the State of Israel is established. There is no issue of Gentile rulers who are preventing Jews from returning to the Land of Israel and extending the exile. Certainly in most countries in the world, Jews are free to leave the exile and return to the Land of Israel. It seems to me, and I recognize that my opinion is not worth much, that this prohibition no longer applies.

    Let me conclude that while we have seen that there are authorities who are lenient on this issue, there are also authorities who are strict. Indeed, R. Moshe Feinstein, R. Yitzchak Weiss and Rav Kook (all cited above) do not utilize the leniencies listed above (although R. Feinstein and R. Kook perhaps did not need them because they found other reasons to be lenient). Evidently, R. Elyashiv is also among those who are strict.


    Friday, October 23, 2009

    Daily Links

    Rules: link
    • SALT today: link
    • Rav Elyashiv forbids accepting Christian charity money: link
    • R. Yechiel Eckstein to list Charedi institutions that receive Christian money: link
    • Anti-Slifkin antagonist demands respect for Rav Soloveitchik: link
    • R. Meir Orlian on finding objects on the train: link


    Thursday, October 22, 2009

    Audio Roundup LXIV

    by Joel Rich

    Question: You are driving an empty (but for you) train (not high on cocaine, Casey Jones?), when an electrical fire fills your cabin with smoke. As you pass out you manage to open the window. You regain consciousness shortly thereafter and note the train is hurtling down the tracks at a speed which will cause an almost immediate derailment in which you will surely be killed. At the same time you note that you are approaching a switch in the track that you can control from the cabin. On the track ahead of you, just past the switch, are 5 workmen who will be killed if you slow the train to avoid derailment. If you slow the train and throw the switch there is one individual on that track who will be killed.

    What does the halacha 1) demand, 2) allow, 3) forbid you to do in this situation. (slow or not? If slow, divert or not?)

    Click here to read moreIf you would divert, does it matter if the one person on the switch track is 1) a workman, 2) your father, 3) your child, 4) the gadol hador, 5) a woman, 6) a kohain, 7) a non-ben brit, 8) someone who is Chayav mita bydei shamayim, 9) someone with a 3-month life expectancy, 10) Jerry Garcia (oops, he’s already dead, wonder if he’s grateful?)

    Now for extra credit, if you would divert, if the individual on the switch track is an expert marksman, can he halachically kill you before you hit the switch with no earthly or heavenly penalty ?

  • Rabbi Joseph Soloveitchik: An Interreligious Dialogue, 40 Years Later: link

    A very worthwhile panel discussion for those who are interested in some real thinking. R’Korn presents his case that R’YBS in “Confrontation” was presenting policy, not psak and changing circumstances mean R’YBS would have changed policy.
    R’D Berger disagrees with R’Korn’s reading as does R’Klapper. R’Klapper looks for underlying rationale rather than close word analysis (wow – why would anyone do that?). Circumstances have changed – but are the changes permanent?
    R’DB and R’AK emphasize that we’ve kept the first half of the Rav’s directive (no theological discussion) but we’ve dropped the ball on working with non-bnai brit on communal “Tikkun Olam” (my word - oh, Joel why do you use loaded words like tikkun olam – what are you – conservative??).
    Fascinating presentation by Phillip Cunningham (non ben brit) seeing our world through other eyes (me – halevai we would say (as he did), and more importantly, mean, that our community has to do what’s right because it’s right). Insights into risks a majority culture can take. He thinks their path away from anti-semitism is irreversible.
    Great questions including can different religions communicate feelings of holiness? Can theology evolve? (me – does the orthodox community really think much or deeply about theology?) How do we relate to good people of other faiths (R’YBS – with dignity).

  • Rabbi Chaim Jachter - The Influence of Values on Psak Halakhah: link

    Outstanding, if too brief (since it reflects my values:-)), discussion of how a posek’s “values” impact on psak. Examples include geography, heritage (e.g. eidot hamizrach), and exposure to science.
    Bonus (for actuaries) discussion of occupational mortality (is it assur to enter a stressful profession?).
    R’YBS on “intuiting” (Lev shel torah) response and then trying to justify (me – see R’YBS chaplain draft tshuva in C-C-C) R’Jachter explains that there may be more than one path to a final response and values will direct the posek to the appropriate, for him, path. Thus, go to a posek with similar values to yours!
    Nice attempt to make this sound consistent with R’HS (someone in his shiur – my guess is R’HS would disagree – perhaps not 100%).

  • Rabbi Zvi Sobolofsky - Shabbas and Yom Tov Permissible Reading: link

    Reading (most feel includes w/o verbalization) of shtarei hedyotot (e.g. checkbook) was forbidden by chazal on Shabbat and Yom Tov. The gist of this shiur is R’Sobolofsky’s opinion that just about all “non-Torah inspired” (my term) reading is forbidden “ATU” (to guard against) these (possible exception – captions on pictures of gedolim).
    Discussion includes letters (how define “tzorech haguf” = immediate information need allowance), children’s books, Hebrew books (perhaps mitzvah to learn). Are these items muktzah?
    Good Mussar at the end on time prioritization. R’Sobolofoy advises you keep Shalom Bayit in mind if you act on this shiur (me-Good Luck!).

  • R' Chaim Brovender - Akeidat Yitzchak in the Teachings of the Sfas Emes and Mei Shiloach: link

    Perhaps he was tested to show us the model of complete faith. Yitzchak had complete faith – the educational program worked! Abraham was an example where dedication yielded thought equivalent to action and his true test (which causes self improvement) was to act even though he received seemingly contradictory messages from HKB”H.

  • R' Ben Zion Lazovsky - Selichos: link

    Selichos as a preparation for Yom Kippur, focusing on minhagim which parallel what bnai yisrael did in the midbar prior to matan torah as well as the avodah of the kohain gadol.

  • Rabbi Michael Taubes - Kohelet and the other Yom Tov Megillot Oct 8 2009 Leil Hoshana Raba: link

    Detailed discussion concerning making brachot on reading the various megilot (al mikra, shehechiyanu). Reading from Klaf? Megillah reading as personal vs. communal obligation issue. General source of “mitzvah” of reading megillah.

  • Rabbi Marc Angel - Rambam and the Philosophers: What Reason Can and Cannot Attain: link

    Spinoza asked difficult questions – but are there really questions you can’t ask?
    Rambam integrated reason and belief – but must realize this can only take reason so far.
    Discussion of age of the world issue and anti-compartmentalization pitch (anti-charedi mdel?)
    Pitch for his organization – see www.jewishideas.org

  • Prof. Lawrence Schiffman - The Significance of Community from Ancient to Modern Times: link

    Interesting history of “community” – Define community and different roles required. Question: When did the “portable minhag” vs. “geographical minhag” focus change? What was the halachic justification? (not answered – do you know?)

  • Rabbi Hanan Balk - Practical and Philosophical Perspectives Upon the Legitimacy of Personal Need in Prayer: Detrimental, Instrumental, or Essential?: link

    Great riff (not alfasi) on why halacha should be like Aruch Hashulchan, not mishneh Brurah.
    Different takes on when during Shmneh Esrai you can petition the lord with prayer (personal). [Yes-Jim Morrison-you can petition the lord with prayer-btw hope you found that sanctuary] Differing philosophies of R’YBS, R’Yeshaya Leibowitz and R’Buber on the centrality/effectiveness of petitionary prayer.

  • Rabbi Mordechai Torczyner - Apples and Honey and Nichush [superstition]?: link

    Rambam/Ramban on fortune telling efficacy. How to understand apple seeing/eating on Rosh Hashana – 1) psychological; 2) supplemental (i.e. it helps only if you do other right things; 3) need some action for the gezeirah to be chal on. [me – or it doesn’t matter if you understand it, you don’t have to be an electrician to turn a light on]

  • Rabbi Dr. Jacob J Schacter - The Intersection of History and Halakha: Ashkenaz, Sepharad and Praying for Rain: link

    Halacha and history of when to say vten tal umutar outside of Israel [me – sounds like a lot of “don’t touch that dial”]. Great story of the Rosh and “shul politics” impacting halacha (me – if only he had a phony consensus/fake buy-in consultant – so too for mari bei rav and the semicha controversy). Interesting logical implication from halachaic discussion that Jews were still oleh laregel after the churban! Good Mussar to “our community” (MO) about proper observance of chol hamoed (me – make aliyah, if you really want to be an erev Shabbat Jew!)

  • Rabbi Yehoshua Grunstein - Post Yom Tov Blues or the onset of true happiness-what's the Jewish response??: link

    Elul through Tishrei is “training wheels” period to get us ready for the rest of the year.

  • Tolne Rebbe - Mussar on Zrizut (I made up title): link (Click on 27 Elul)

    Thanks to David the B-I-L for this Hebrew shiur. Good Mussar (and he directs specifically to his community!) from the Akeidah on zrizut and the need to know when to go to sleep and when to wake up.
    Don’t put off for tomorrow…… Includes dealing with health issues. Understand that bad habits as a youth (e.g. smoking, eating) that are not dealt with then (with zrizut) will have implications. (Sounds like earlier reviewed Q&A with R’HS!) BTW, pay your bills on time!

  • Rabbi Shmuel Marcus - Yom Tov Sheni - Origin and Halacha: link

    History and Halacha of Yom Tov Sheni shel galuyot.
    Interesting discussion around the practices of Aretz and chutz laaretz folks when they are in the others bailiwick.
    R’YBS favored being stringent for all possibilities (e.g. ben chu”l in aretz would daven weekday but not do mlacha).
    Would have been more interesting if discussed why certain items (e.g. having chu”l minyan in aretz) have changed over time.

  • God's New Way of Dealing with Man

    R. Joseph B. Soloveitchik, Abraham's Journey: Reflections on the Life of the Founding Patriarch, pp. 91, 93:
    What method did God employ to bring about a catharsis of the world, to purify it and purge it of evil? He punished all living creatures by exterminating them in the deluge. Living creatures serve man; if man is gone, there is no need for them. Noah then was charged with the same apostolic mission as was Abraham. The building of the ark is symbolic of the call issued to Noah, the summons to build and create a new society. Yet those who survived and came after this natural cataclysm did not improve; man was not redeemed. He remained as wicked as antediluvian man. Punishment, however severe, did not achieve the proper effect.

    Click here to read more
    Man still led a brute existence, and his intentions remained wicked. The idea of catharsis was not realized through the flood. It did not redeem man from sin and evil. God therefore decided that ruthless punishment would no longer be employed to purge creation of evile. "The Lord said in His heart, I will not again curse the ground anymore for man's sake; for the imagination of man's heart is evil from his youth; neither will I again smite any more every thing living, as I have done" (Gen. 8:21).

    How, then, will man mend his ways? How will a new world be created? How will man become civilized and improve?...

    God, after the deluge, forsakes the idea of spontaneously and instantly redeeming man. He supplants spontaneity with a deliberate, well-planned, gradual educational gesture. This gesture is bound to succeed, for everyone can ascend the Mount of the Lord. It is only a question of speed and tempo. Man cannot be changed overnight; he must slowly learn to live in peace and justice with his fellow man. For this he needs a guide.


    Announcements #118: Rabbi Riskin at Lincoln Square

    Rabbi Riskin at Lincoln Square

    This Shabbat -- October 24 -- Lincoln Square Synagogue hosts founding Rabbi and modern Orthodox leader Rabbi Shlomo Riskin

    His drasha on Shabbat morning will be:

    Husbands and Wives in Bereshit and Noach.




    (Announce your simchah or Torah lectures by clicking on the button in the top right corner of Hirhurim. See here for readership statistics and here for instructions on buying an announcement.)


    Daily Links

    Rules: link
    • SALT today: link
    • Bukharian Jewish museum in Queens: link
    • Rav Soloveitchik's final exam in Jewish Philosophy: link
    • A Ben Torah's guide to Parnassa on TorahWeb: link


    Wednesday, October 21, 2009

    Saying Shema Better

    (Disclaimer: I work for OU Press which co-published this siddur. That shouldn’t change anything about what I am about to write.)

    The Mishnah (Berakhos 15a) records a dispute over whether you can fulfill your obligation to recite the Shema if you are not careful in how you pronounce it (kara ve-lo dikdek be-osi'oseha). The Shulchan Arukh (Orach Chaim 62:1) rules that you fulfill your obligation after the fact (bedi'avad). While there is room to discuss the exact definition and parameters of the care required in pronouncing the words, it is certainly appropriate to at least try to correctly pronounce every letter and vowel.

    When I learned how to pray, the siddur I used marked the sheva vowel so that users can distinguish between the sheva na and the sheva nach, and pronounce them differently as is proper.

    Click here to read more
    When I learned how to pray, the siddur I used marked the sheva vowel so that users can distinguish between the sheva na and the sheva nach, and pronounce them differently as is proper. However, when using the recently published Koren Sacks Siddur, I noticed that a vowel that in my previous siddur was marked as a sheva na, in this siddur was marked as a sheva nach. Since this is in the Shema, it is of even greater importance than elsewhere. Plus, the word appears twice in the Shema. Every morning and night I recite "u-ve-shokhbekha" in the Shema when, according to the Koren Sacks Siddur I should be saying "uv-shokhbekha". I initially thought that this was an error in the new siddur but I checked in the Tanakh Simanim, which differentiates between the sheva types, and it matched the Koren Sacks Siddur.

    I contacted Koren to inquire about this and they put me in touch with their grammarian. Here is my summary of what he told me (please keep in mind that I might be slightly inaccurate due to my own ignorance). When a sheva follows a long vowel, it is a sheva na. While a shuruk ("u") is usually a long vowel, when it appears at the beginning of a word it is not. However, there is a lesser known vowel sign called a meseg or ga'ayah, which appears under the shuruk of "ובשכבך". This sign indicates that the shuruk is not a short vowel but a long vowel. Therefore, the sheva following it should be a sheva na and the word should be pronounced "u-ve-shokhbekha". Up to this point, I had already understood. That is why I asked Koren.

    Their grammarian explained to me that there is an unusual construct in a word in which the ga'ayah is called a ga'ayah keveidah, as opposed to the ga’ayah kallah described above. In such a word, the ga'ayah does not indicate a long vowel and the vowel remains, as expected, short. (The requirements are so complicated, they make my head spin. If you want more details see R. Mordechai Breuer, Ta’amei Ha-Mikra, pp. 202-203; Prof. Yisrael Yeivin, Ha-Mesorah La-Mikra, p. 212.) "ובשכבך" is such a word. Even though there is a ga'ayah under the shuruk, the following sheva remains nach and the word must be pronounced "uv-shokhbekha".

    I asked my friendly neighborhood linguist about this and he was shocked that I even considered it a question. When I asked him whether I should change how I pronounce the word in Shema to match the Koren Sacks Siddur, he said that I absolutely should do so immediately.

    UPDATE: Commenters have pointed out that there is a debate over this and the Siddur Eizor Eliyahu says that the Vilna Gaon pronounced it as a sheva na. I also want to bring the following text to your attention, in which R. Eliyahu Levitas says that the ga'ayah (which he calls ma'arikh) should not change the pronunciation in this word. It comes from from his essay on the ma'arikh at the end of his comments to Minchas Shai.


    Parashah Roundup: Noach 5760

    by Steve Brizel

    An Overview of the Parsha
  • R Yitzchak Etshalom explores two versions of the flood within the Parsha, the different perspectives of Torah and science, and the spiritual responsibilities of Noach: link
  • R Sir Jonathan Sacks explores the common thread of the denial of collective responsibility in the first 11 chapters of Breishis: link

  • The Generation of the Flood
  • R Yissocher Frand explains why transgressions committed in private lead to a violent society: link

  • Click here to read moreNoach - A Tzadik for His Generation-His Rise and Fall
  • The Nesivos Shalom, as elucidated by R Yitzchak Adlerstein, suggests that Noach's personality was rooted in Yirah, as opposed to Avraham Avinu, whose essence was Ahavah: link
  • R Aharon Lichenstein explores and contrasts Noach's personality with the personality of Moshe Rabbeinu and the cause of Noach's downfall: link 1, link 2
  • R Mayer Twerky explains why the waters of the Flood are called “waters of Noach” (Isaiah 54:9): link
  • R Baruch Simon delves into how Noach both walked with God and spiritually declined after leaving the Ark and the meaning of “dorosav”: link 1 (audio), link 2 (audio)
  • R Michael Rosensweig, R Avraham Gordimer and R Ozer Glickman contrasts the roles and accomplishments of Noach and Avraham: link 1, link 2, link 3, link 4
    Alcohol Abuse and its Consequences
  • R Berel Wein, based on the examples of Noach after the flood, as well as Lot, exhorts us to avoid the deleterious aspects of alcohol abuse and its affects on future generations: link

  • The Significance of the Rainbow
  • R Ephraim Buchwald, based on R Saadyah Gaon, Ramban and R Samson Raphael Hirsch, discusses the meaning of the rainbow: link
  • R Dovid Gottlieb explores the covenant and the rainbow between God and Noach: link (audio) and the permission given to eat meat after the flood: link
  • R Chaim Navon explores various rationales for punishment by mankind of a murderer: link

  • The Noachide Laws
  • R Asher Weiss and R Yaakob Neuberger explore the scope and depth of the Noachide Laws: link 1 (audio), link 2 (audio)
  • R Dovid Gottlieb examines why a non Jew is prohibited from keeping Shabbos and the role of this Halacha with respect to prospective Gerim: link (audio)

  • The Generation of the Tower of Bavel
  • R Ezra Bick, based upon Ibn Ezra, Ralbag and the Netziv, posits that the generation of the flood erred in seeking to establish an intellectual and political totalitarian society: link
  • R Chaim Navon suggests that one must exploit the positive aspects of civilization, while rejecting those elements so as not to repeat the mistakes of the generation of the Tower of Bavel: link
  • R Shlomoh Riskin suggests that the generation of the tower of Bavel was so preoccupied with material success that it lost any sense of interpersonal values and the importance of a friend and/or partner in life: link

  • Avraham and Terach
  • R Dovid Horwitz examines the relationship between Avraham and Terach: link

  • Last year's roundup: link


    Daily Links

    Rules: link
    • SALT today: link
    • R. Chananya Weissman takes on the "Ponzi scheme" solution to the Shidduch Crisis: link
    • Philologos on the proper spelling of "meshugas": link
    • College should only take three years: link
    • Letters about Human Rights Watch, including from its chairwoman and a joint letter by Elie Wiesel and Alan Dershowitz: link
    • Catholic Church to allow for easier conversion by Anglicans: link
    • Only 41% of those raised Orthodox remain Orthodox: link


    Tuesday, October 20, 2009

    Exchanging Prisoners for Gilad Shalit

    I was going to write a blog post on prisoner transfers when I realized that I had already written one over a year ago (link). Let's discuss how the six positions listed in the earlier post come into play in the Gilad Shalit case.

    Before we begin, however, it should be noted that we are not discussing a single life. We are addressing the lives of every soldier and every Israeli citizen. The question revolves around how much we can give in to the demands of the enemy and whether we will be endangering even more people by doing so. Can we sacrifice dozens of lives in order to save one?

    Click here to read more1. According to R. Yehudah Gershuni, we cannot release any dangerous prisoners in exchange for a captured Israeli -- even a soldier.

    2. According to R. Ovadiah Yosef it would be allowed to free a captive in certain danger.

    3. According to R. Chaim David Halevi, the enemy will continue to kidnap Israelis regardless of whether we exchange prisoners so there is no problem in doing so.

    4. According to R. Yaakov Kamenetsky this is not allowed during a time of war because it will strengthen the enemy.

    5. According to R. Shlomo Goren, it isn't clear. He allows prisoner exchanges for a soldier who is capture while on a mission. My understanding is that Gilad Shalit was not on a mission while captured. It could be that R. Goren would not allow a prisoner exchange in this case.

    6. R. Shaul Yisraeli allows prisoner exchanges to free any soldier, regardless of whether he was on a mission. R. Shlomo Zalman Auerbach reportedly agreed with this position. This view might also allow releasing prisoners even to obtain only information about a captured soldier, if that will improve soldier morale.


    Daily Links

    Rules: link
    • SALT today: link
    • US citizen arrested on suspicion of being Israeli spy: link
    • Blog post about Modern Orthodox in Israel reaching out to the traditional: link
    • Philosophers and psychologists dispute what defines character, regarding a new movie about a classic children's book: link
    • Daily News blog quotes Hamodia on "schvartze" comment: link
    • Atheist subway ads coming to NY next week: link
    • R. Shlomo Aviner on expelling foreign workers from Israel: link
    • Israel pulls controversial textbook from shelves: link
    • Founder of Human Rights Watch criticizes group for focusing on Israel: link


    Living above a Synagogue

    By: Rabbi Ari Enkin

    Not only is a synagogue a holy place which must be treated with great reverence, but the requirement to show this reverence often extends to areas above the synagogue, as well. There are a number of reasons as to why this is so. It is explained that the roof of a synagogue is comparable to the roof of the sanctuary in the Beit Hamikdash, which was sanctified along with the air space above it.[1] As such, although there are those who are lenient, most authorities rule that it is forbidden for one to live in an apartment above a synagogue.[2]

    Click here to read moreAccording to even the most lenient authorities, one is certainly not permitted to use the floors or even the air space above a synagogue for any disrespectful use.[3] This is especially true for the space which is directly above the aron kodesh.[4] In fact, some authorities limit the prohibition against living above a synagogue exclusively to those areas which are directly above the aron kodesh.[5] Similarly, one who keeps a Torah in one's home should ensure that all the floors and areas above the Torah are not used for any unbecoming purposes.[6]

    It goes without saying that the prohibition against living above a synagogue only applies when the synagogue was already constructed and in operation before it was decided to construct an apartment on the floors above it. If, however, a residential apartment building was established first and some time later tenants on lower floors decide to use their area for a synagogue, those living above need not have any reservations nor evacuate their apartments. Indeed, this is a frequent occurrence in Israel where residents of a building decide to establish a synagogue for the benefit of those in the building.

    Furthermore, if a synagogue or other building was constructed with the express intention that the bottom floor would be used as a synagogue and the upper floors would be used for residences, then it is permitted to do so. Indeed, in many cases one may be permitted to use the floors above the synagogue for any purpose when such a condition is set from the very beginning.[7] However, one should never use the area above a synagogue for repulsive or undignified purposes. We are taught that one who disregards the reverence and sanctity owed to the space above a synagogue is responsible for the prayers recited there not to be accepted.[8] Some authorities rule that one can be lenient and allow the floors above a synagogue to be used for residential or mundane purposes if there is at least one floor which separates between the synagogue and such areas,[9] while others disagree.[10]

    It is interesting to note that although according to halacha one is permitted to live above a synagogue when certain conditions are met, one is advised by the halachic authorities never to live above a synagogue regardless of the permissibility of doing so.[11] In fact, the Taz attributed the death of his son as a punishment for having lived above a synagogue.[12] Although in general the residents of a building are unable to prevent a neighbor from choosing to use his apartment as a synagogue, they can protest, however, if the arrangement of this newly established synagogue is such that they will be forced to live directly above the area of the aron kodesh.[13] There are no halachic concerns with designating areas below a synagogue for residential or even mundane uses and one may do so.[14] One should endeavor never to pray directly below a bathroom whether it is at home, synagogue, or any other venue.[15]

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

    [1] Chatam Sofer O.C. 30
    [2] Mordechai;Shabbat 228, Beit Yosef O.C. 151
    [3] O.C. 151:12, Avnei Nezer 32
    [4] Mishna Berura 151:40,42, Halichot Shlomo 19:3
    [5] Birkei Yosef 151:10, Chaim Shaal 1:56
    [6] Teshuvot V'hanhagot 2:531
    [7] Rema O.C. 151:12, Taz O.C. 151:4
    [8] Taz O.C. 151:4
    [9] Shevet Halevi 5:18
    [10] Avnei Nezer 32
    [11] Magen Avraham 151:18
    [12] Taz O.C. 151:4
    [13] Piskei Teshuvot 151:28
    [14] Emek Sheila 4, Imrei Yosher 2:169, Kinyan Torah 3:11
    [15] Kitzur Shulchan Aruch 5:4, Rivevot Ephraim 7:265


    Monday, October 19, 2009

    Daily Links

    Rules: link
    • SALT today: link
    • Yankees Discipline Tenor for Anti-Semitic Slur: link
    • Caroline Glick: How Turkey Was Lost: link
    • R. Yitzchak Dovid Grossman Intervenes at Knicks Exhibitionlink


    Sunday, October 18, 2009

    Creation As Polemical Protest

    In R. Chaim Navon's recent book Genesis and Jewish Thought (pp. 59-63), he notes that there are striking similarities and differences between the Torah's creation story and that found in various ancient Near Eastern texts. His resolution is as follows: The Torah spoke to the heresies of that era and intentionally negated them by using terminology and narrative tools. In effect, the Torah's creation story is, at least in part, a polemic against the religious myths of the Ancient Near East.

    This is not a novel approach. I initially thought that it could be found in R. Joseph Hertz's commentary to the Torah but he only notes the differences. He does not suggest that the Torah intentionally polemicized against ancient religions. However, Prof. Umberto Cassutto discusses this at various points in his 1944 commentary to the Creation passage.

    Click here to read more
    His brother-in-law, Prof. A. S. Hartom has a delightfully concise description of this approach in his 1955 commentary to the Torah (p. 13):
    As for specific details, we can speculate that the Torah intended to negate the legends and mythological stories that were prevalent among the nations of the Ancient Near East
    Nahum Sarna has the most eloquent and sustained elaboration of this approach in his 1966 book Understanding Genesis (ch. 1).

    The question I was asking myself is why this approach took so long to make its way into Modern Orthodoxy? [Cassutto's ideas about the authorship of the Torah are beyond Orthodoxy, as are Sarna's (as described in the introduction to his above book).] While I did not conduct a thorough search, I could not find this approach in any Orthodox text. Not even Da'as Mikra on Genesis mentions it. Why?

    Here are some answers I considered:
    • The approach is theologically problematic. I don't see why, though. The Rambam throughout Moreh Nevukhim writes that certain laws were intended to rebut specific practices of the ancient world. And the Chovos Ha-Levavos writes that there is no mention of the World-To-Come in the Torah because the generation that received the Torah was not ready for a message like that. So there doesn't seem to be any problem with suggesting that the Torah was designed specifically for the benefit of its immediate recipients.

    • It's a weak explanation. I'm not so sure. It seems to have lasted the test of time. Two recent academically up-to-date Christian commentaries accept it -- James Mckeown, Two Horizon Old Testament Commentary: Genesis (pp. 12-17) and David Cotter, Berit Olam: Genesis (p. 9) [yes, this last one is Christian although it is so philosemitic that I find myself repeatedly confirming that the author is called Father David Cotter.]

    • It implies that the Torah was written during the Babylonian exile. Because that is when the Jews were potentially influenced by the Babylonian creation story called Enuma Elish. No, for two reasons. First, the Land of Israel was the crossroads of the ancient world, so all religions were wandering around then. And regardless of when Enuma Elish was written, it was orally transmitted for centuries prior. But regardless, there were othere creation stories from other civilizations, such as the Atrahasis Epic and the Egyptian creation myths (cf. Gordon Wenham, Word Biblical Commentary: Genesis, pp. 8-10).

    • Orthodoxy is theologically conservative. Modern Orthodoxy has, in the past, been reactive and only rethought ideas when confronted. However, this is a long-standing confrontation so, even if true, this would not provide an adequate explanation.

    • There was no need. Since people like Prof. Sarna answered the problem so eloquently and exhaustively, there was no need to restate it in an Orthodox text.


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