Wednesday, March 02, 2005

Metzitzah II

From an RCA press release:
Based upon a careful study of the available halachic and scientific literature, as well as a review of sanctioned practice by numerous reliable Torah authorities past and present, it is the position of the RCA that the requirement of Metzitzah is fulfilled completely and unambiguously by the use of oral suctioning through a tube, as practiced by many mohelim in our communities. Therefore, according to this viewpoint, the use of such a tube is not only permissible, but is preferred (instead of direct oral contact) to eliminate any unintentional communication of infectious diseases. This protects both the mohel and the newly circumcised child.

An additional reason to encourage the use of a tube to fulfill the requirements of Metzitzah is that we not discourage less committed Jewish men and women from observing ritual circumcision (and possibly other Jewish rituals). Indeed, even some authorities who otherwise require Metzitzah be’Peh via direct oral contact, sanction a tube if that is the only way that the parents of a child would observe the mitzvah of Bris Milah.

In light of the above, the RCA urges its member rabbis, their congregants, synagogues and institutions, as well as the larger Jewish community, to encourage and where possible necessitate, that Metzitzah be’Peh be fulfilled via a tube.


On the Daf

As the new cycle of Daf Yomi begins, YU Torah is featuring short comments in, I believe, written and audio form, from R. Daniel Z. Feldman (here). The project is only beginning but it looks like it will be a massive undertaking.


A Defense of Simple Faith

A few years ago, I sent the following letter to the author of a very rationalist Orthodox website who claimed that simple faith is foolish (I also posted it to the Avodah e-mail list (lightly edited):
Dear Rabbi X,

I would like to compliment you on a well-designed and eye-pleasing website. You have clearly spent a lot of time in filling it with content designed to bring Jews closer to Yiddishkeit.

I recently came across an article on your website titled XXXXX and I was a bit taken aback by your strong stance. In this essay, you argue that "faith" is a Christian concept and that Judaism requires arriving at the knowledge of God's existence through proof. Only fools deny this and you choose not to be "politically correct" but to expose this foolishness for what it is. To demonstrate your point, you quote from many rishonim, including Rav Hai Gaon, Rav Sa'adia Gaon, R. Bahya Ibn Pakuda, Rambam, Ramban, and R. Yehudah Ha-Levi (also, Malbim, although I'm not sure why he fits into that list).

While I sympathize with your point and recognize that this was the view of many rishonim, I think that you greatly overstated your case. There is legitimate basis within rishonim for the view that faith is sufficient [in exclusion of proof, not of fulfilment of mitzvos]. If I am correct, and there are rishonim who state this opinion, then it is wrong to call those who follow these rishonim "fools." As the Rambam said in four separate places, we cannot be mahri'a in an issue that has no practical ramifications based on halakhic rules. Even if the majority of rishonim, or even tanna'im, believe one thing, we cannot simply follow the halakhic rule and follow rov. While it might be wise to follow the view of the majority of wise sages, it is not obligatory.

1. To start, in your essay you quote the introduction to Hovos Ha-Levavos by R. Bahya ben Yosef Ibn Pakuda. You rightly note that he says that it is an obligation for anyone intellectually capable to prove our tradition (p. 9 in the Feldheim/Qafih edition). However, he is also clear that those who are not intellectually capable, I would argue the vast majority of Jews, are not obligated to prove it and can be satisfied with tradition and faith. Even Rabbeinu Bahya, one of the earliest and most important rationalist philosophers, only requires the intellectual elite to go beyond faith.

2. A similar but crucially more moderate view is offered by the anonymous Sefer Ha-Hinukh. On the first mitzvah of Parashas Yisro, the mitzvah to believe in God, the Hinukh writes "And if he merits rising in wisdom, and his heart will understand and his eyes will see proofs that this faith in which he believed is true, clear, and necessary then he will fulfill this mitzvah in an extra fashion (mitzvah min ha-muvhar)." According to the Hinukh, proving faith is only a mitzvah min ha-muvhar. It is not an obligation.

3. However, rationalist philosophers are not the only source of our tradition. In your essay, you quote R. Yehudah Ha-Levi in his Kuzari as advocating that tradition must be proven. In this I believe you are mistaken. Indeed, a theme throughout the Kuzari is that faith is greater than proven belief. Consider the end of 2:26 (p. 68 in the Even Shmuel edition): "I say, 'It is God's Torah and whoever accepts it simply, without questioning and investigation, is greater than the investigator and critic. However, whoever has deviated from this high level to investigate, it is good that he search for reasons for these things...'"

In 4:27 (p. 189), R. Ha-Levi explains that once Avraham Avinu was taught the truth he abandoned all of his philosophizing and scientific investigations. Once one has been taught the truth, it is unnecessary to search for it. See also 5:1-2 (p. 195) where R. Ha-Levi makes it unequivocably clear that faith is greater than proven knowledge.

The Kuzari alone is sufficient to justify those who prefer simple faith over proven knowledge. R. Yehudah Ha-Levi, the anti-philosophy philosopher, is certainly one on whom people can rely for their hashkafos. It is no surprise that his Kuzari is so popular in contemporary Yeshivah circles and that it has been translated into English a number of times, even by Metsudah!

4. In addition to the Kuzari, the Rivash writes in his famous anti-philosophy teshuvah (45), "They [the Greek philosophers] also wrote in their books that perfect knowledge is attainable only through investigation, not through tradition. But we have received the truth that our Torah, which came to us at Sinai from the mouth of God, through the intermediation of the master of [all] the prophets, is perfect. It is superior to everything and all their investigations are null and void compared to it."

To the Rivash, philosophical investigation is unnecessary when we have a tradition. The investigations are null and void compared to tradition.

5. R. Hayim Yair Bakhrakh writes in his Havos Ya'ir (214), "faith is good and obligatory and investigation is an abomination (to'evah)." The context of that statement demonstrates its relevance to our discussion. See below for his understanding of the Rambam.

6. You also quote the Ramban as supporting your view. However, your citation does not prove that at all. Indeed, R. David Berger has suggested the exact opposite. In the book "Judaism's Encounter with Other Cultures" (R. Jacob Schacter, ed.) p. 99, R. Berger notes that the Ramban in his Sha'ar Ha-Gemul (Kisvei Ha-Ramban vol. II p. 281) states that every Jew is obligated to investigate suffering in this world and to try to understand how God rewards and punishes. This, however, is due to the obligation of tziduk ha-din, which is a theme throughout Sha'ar HaGemul. Absent this obligation, evidently, there is no need to investigate our beliefs. As R. Berger wrote, "[T]he revelation of Torah is an empirical datum par
excellence; consequently, there is no more point in constructing proofs for doctrines explicitly taught in the revelation than for the proposition that the sun rises in the morning."

A possible challenge to R. Berger can be brought from Ha-Emunah Ve-Ha-Bitahon that is attributed to Ramban, ch. 19 (Kisvei Ha-Ramban vol. II p. 413). However, the authorship of this book is a serious question.

7. Even your understanding of Rambam, the greatest Jewish rationalist, is not unassailable. It is well known that while the Rambam wrote in a number of places that it is a mitzvah to "know" God, in his Sefer Ha-Mitzvos he wrote that it is a mitzvah to "believe" in God. R. Hayim Heller challenged that translation as ambiguous and R. Yosef Qafih has stated that it is incorrect and that the only proper rendition of the Rambam's Arabic in Sefer Ha-Mitzvos is that it is a mitzvah to "know" God.

However, in his Al Ha-Teshuvah (pp. 195-201), R. Yosef Dov Soloveitchik investigates what it means to "know" God. As he points out, it is impossible to know God. Rather, the Rambam means that we are obligated to constantly recognize God's existence. As it says in Mishlei (3:6), "In all your ways know Him." Cf. Rabbeinu Yonah's commentary to Mishlei, ad loc.

R. Hayim Yair Bakhrakh, author of Havos Ya'ir, has a different explanation of the Rambam's view in one of his teshuvos. In teshuvah 210, he argues that according to the Rambam the best and clearest faith is that which has been philosophically proven. However, unproven faith is also sufficient. This is, unsurprisingly, in accordance with what the Hinukh says. It is very common for the Hinukh to follow the Rambam's view and even quote him verbatim.

8. In line with the above, it is interesting to note how Radak explains knowledge of God in his commentary to Yirmiyahu (9:23). As a rationalist, Radak translates "haskel" as philosophically understanding God. "Yado'a osi" does not mean the same. Rather, knowledge of God means following in God's ways -- doing acts of hesed and tzedakah.

In summary, it is not only overkill to accuse those who disagree with your rationalism of foolishness. It is wrong. Those who prefer faith over proof have ample basis within Jewish sources. Indeed, they have Habakuk (2:4) on
whom to rely.

Sincerely,

Gil Student


Tuesday, March 01, 2005

NY State Kosher Registry

The Kosher Law Protection Act of 2004 requires that consumers of food represented as kosher in New York be provided with information identifying the person or organization certifying that food as kosher.

To do so, the New York State Department of Agriculture and Markets is establishing an on-line registry of food represented as kosher. Those involved in the kosher food trade - certain producers, processors, packers, distributors, retailers and certifiers of kosher food products, as well as those who prepare kosher food – will need to file product and certifying information with the Department.

http://www.agmkt.state.ny.us/KO/KOHome.html


Daf Yomi Siyum Ha-Shas

I congratulate all the Daf Yomi maggidei shi'ur on learning and teaching the entire Babylonian Talmud (well, actually just the parts with Gemara). I also give a hearty mazel tov to those who studied on their own or attended lectures, and accomplished a little or a lot.

Here is the question: Is there value in attending a Daf Yomi lecture if one does not retain what is taught, or even if one cannot pay attention? This seems to be a dispute among commentators.

The Mishnah in Avos (5:15) states:
There are four types among those who attend the house of study:
He who goes and does not practice--he has the reward of his going.
He who practices but does not go--he has the reward of his practicing.
He who goes and also practices--he is a saintly man.
He who neither goes nor practices--he is a wicked man.
Rashi, Bartenura and others understand "practice" as referring to studying. Therefore, the first category -- "He who goes and does not practice" -- includes someone who goes to the beis midrash but does not study there, or studies but does not absorb or retain what he studies. Even though his studying is deficient, he still has reward for going.

However, Rabbenu Yonah, the Gra and others disagree and explain "practice" in its simplest sense. Someone who goes (and studies) but does not fully practice what he has learned at least has the reward for going (and studying).

According to the former group, there is value (and reward) in expending the effort to attend a beis midrash or a lecture even if one then fails to learn! This is similar to what R. Zeira said, as recorded in Berakhos 6b: "The merit of attending a lecture lies in the running." The traveling/rushing to a lecture is in itself meritorious, even if one does not actually learn from the lecture! However, according to the latter group, there is only merit in the rushing if one actually learns.

Regardless, I find it hard to believe that anyone can attend a daily lecture for seven and a half years and not learn anything at all. Surely, at some point, he must have paid attention. So to even the sleepiest and most inattentive Daf Yomi regular, I wish you a hearty mazel tov on this momentous occasion.


Monday, February 28, 2005

Things That Don't Interest Me But Probably Should

1. The whole Wendy Shalit/Tova Mirvis controversy
2. The increase in NYC subway fare for monthly rides (which predominantly impacts poor workers)
3. The Daf Yomi Siyum

And some things that I am glad I don't care about:

1. NHL strike
2. The Oscars


The Limits of Non-Literal Interpretation of Scripture

One of the contributions to the Open Access Project is an essay by Dr. Joshua Golding titled "On the Limits of Non-Literal Interpretation of Scripture from an Orthodox Perspective" (PDF). I posted a review of some of the Rishonim on this topic here. Please post substantive comments to that forum and regular flame here. Thank you.


Sunday, February 27, 2005

Torah Freedom

R. Mayer Twersky via TorahWeb:
In truth, however, genuine freedom depends not only upon political liberation, but primarily upon internal liberation. Genuine freedom entails liberation from unrefined instincts and unredeemed passions. One who is hostage to his own anger, or can not curb his desire for physical pleasure or is forever driven to seek honor and riches may be politically free, but leads a brutal, slavish existence.


Friday, February 25, 2005

Confronting Abuse

Introducing JSafe, founded by R. Mark Dratch.


The Open Access Project

Yashar Books is finally ready to launch an online free Torah resource center and discussion forum called "The Open Access Project."

At the Open Access Project page you can download free articles, essays, dissertations and (soon) entire books online. But that’s not all. You can also post your own reviews and critiques and join discussions. You can even submit your own papers for consideration. The idea is to make quality source material available in an Open Access virtual Bet Midrash and stimulate a give and take of ideas. It is an experimental project in collaborative scholarship.

The Open Access Project is still growing. You might say it’s in “Beta” format. Join now and help it grow and spread. Read, learn, respond. And tell your friends to join too!

For an exciting adventure in free online Jewish scholarship, go now: http://www.YasharBooks.com/Open "The Open Access Project." Your interactive Journal offering "Open Source Learn-Ware": free articles, essays and books, and an open discussion forum to add your own ideas.


Interfaith Dialogue V

I missed this article by R. Shalom Carmy about Rav Soloveitchik's Confrontation essay.

Thanks to Out of Step Jew for bringing it to my attention.


Jewish Unity

Shemos 30:34-36:
The Lord said to Moses: Take for yourself spices, stacte, and onycha, and galbanum (ve-helbenah), spices and pure frankincense. They shall be of equal weight. Make it into incense, a blend blended by a blender, thoroughly blended, pure and holy. Pulverize some of it very finely and place it before the [Ark of] Testimony in the Tent of Meeting, where I will meet with you. It shall be holy of holies to you.
Rashi quotes the famous midrash about why helbenah, a bad-smelling spice, is included in this mixture:
Scripture counts it among the spices of the incense to teach us not to look with contempt at including in our gatherings for fasts and prayers the sinners among the Israelites, that they should be counted (i.e., united) with us.
This is frequently taken to imply that we must include the non-observant and/or heterodox in our communal activities. However, I believe this to be an incorrect interpretation.

The midrash (from Kerisos 6b) specifies that this is for praying and fasting. Rabbenu Bahya ben Asher, in his commentary to the Torah, explains that we must include sinners in our praying and fasting because they will repent and this will greatly enhance our communal prayer and fast. Rabbenu Bahya also cites the famous midrash about the four species we carry on Sukkos, with the aravah representing the sinner. Our use of the four species represents prayer (R. Joseph B. Soloveitchik addressed this issue at length), and we include sinners in our prayer for their repentance.

I do not think that this means that they must repent for every single sin they have committed. Even partial teshuvah is teshuvah. However, the inclusionary message of this midrash is only relevant to prayer and fasting in which teshuvah is a primary element. There is no indication that it applies to other undertakings as well.

As an aside, the Maharsha in his commentary to Kerisos states that this only applies to including a sinner to an existing minyan. However, he should not be counted for that minyan. I will leave this question for another time, but this is a matter of dispute with, I believe, the bulk of the posekim agreeing with the Maharsha.


Thursday, February 24, 2005

Slifkin on eBay

It was bound to happen eventually. A copy of R. Nosson Slifkin's The Science of Torah, which is currently out of print, sold on eBay yesterday for $125. I'm pretty sure there will be more auctions of this type (I'm not sure if this search link will work).


R. Aryeh Carmell's Position

R. Aryeh Carmell has recently disseminated an essay relevant to the current controversy over R. Slifkin's books titled "Freedom to Interpret" (available here in PDF).


Rav Soloveitchik and the JPS Translation

In 1953, JPS began work on a new translation of the Bible and invited respected Jewish academic scholars as well as rabbis from the three major Jewish movements to join. The RCA presented before R. Joseph B. Soloveitchik the question of whether or not they should allow a representative of their organization to participate. Below is an excerpt from R. Soloveitchik's answer. As an aside, this letter and many others were first brought to my attention by my late professor R. Louis Bernstein in his book Challenge and Mission: The Emergence of the English Speaking Orthodox Rabbinate. That terse but fascinating book makes an excellent companion volume to the recently printed Community, Covenant and Commitment: Selected Letters and Communications from which this excerpt is taken.
As to the question of a new English translation of the Bible suggested by the Jewish Publication Society, I am afraid that the purpose of this undertaking is not to infuse the spirit of Torah she-be-al peh into the new English version but, on the contrary, following the footsteps of the Protestant Liberal ministers who recently revised the English text of the Bible, to satisfy the so-called modern "scientific" demands for a more exact rendition in accordance with the latest archeological and philological discoveries. In other words, the Jewish Publication Society is going to give us a translation in full accord with, or at least influenced by, higher Biblical criticism, and I cannot see how we, representatvies of the Torah she-be-al peh, can lend our names to such an undertaking...

Only if the Jewish Publication Society should delegate to the Rabbinical Council of America the power to veto anything which it would consider contrary to our tradition, could we join the project.

(pp. 110-111)
I find this passage highly difficult and suspect that, like much of what R. Soloveitchik wrote and said, it has to be understood carefully.

As the Rashbam declares in his commentary to the beginning of Parashas Va-Yeshev, there is no objection to new peshat interpretations to the Torah. Furthermore, as the Rashbam - and Ibn Ezra and Ramban and Rambam and sometimes even Rashi - demonstrates, there is nothing wrong with peshat interpretations that contradict those found in the Talmud or midrashim.

However, there are times when we have a tradition from Sinai as to the correct interpretation of a biblical passage. In those cases, we are not allowed to interpret the passages contrary to our accepted tradition. For example, "ayin tahas ayin" (Shemos 21:24). Our tradition is that the verse was written intending it to mean that one must pay an eye's value for damage to an eye. Because this is a clear and unquestioned tradition, an Orthodox Jew may not interpret it otherwise and, in fact, none of the traditional commentaries do so, not even Rashbam or Ibn Ezra.* (Cf. Rambam, Introduction to Commentary on the Mishnah, Qafah tr., vol. 1 p. 11a sv. "Ha-helek ha-rishon")

It could be, therefore, that R. Soloveitchik was concerned that JPS would translate those few verses for which we have a specific interpretive tradition contrary to that Torah she-be-al peh. However, I don't think that is what he meant. I have never seen an English translation of Shemos 21:24 that does not translate it literally and plainly as "an eye for an eye," not even Artscroll. Even Onkelos translates it plainly like that. Evidently, a translation that is faithful but simple leaves the same room for the interpretive tradition as the original Hebrew and, therefore, is not in contradiction with the Torah she-be-al peh.

I would suggest that rather than objecting to literal translations that are not in accordance with our tradition, R. Soloveitchik was concerned that the text would be butchered by over-eager practitioners of biblical criticism who would change the Hebrew text and translate accordingly. He did not want to join a project over which he (or the RCA) had no control and could easily spiral into chaotic conjectural tampering with the Masoretic text. As it turns out, the new translation that resulted from that JPS project did not tamper with the Masoretic text, although it occasionally mentions textual variants in its footnotes. However, R. Soloveitchik was concerned with Higher Textual Criticism, not Lower, that might have, for example, combined Bereishis chapter 1 and chapter 2 into one flowing Creation story rather than two separate ones or combined the stories of Avraham leaving Israel due to famine, etc.

However, this is just my conjecture and it could very well be that I just don't understand R. Soloveitchik's objection. His mention of archeology and philology is puzzling to me. Was he objecting to inclusion of any archeological and philological finds? I find this difficult because the rishonim, including R. Soloveitchik's beloved commentary of the Ramban, utilize such information! Perhaps he was concerned with excessive use of speculative scholarship.

* I base this understanding on a long discussion with R. Soloveitchik's grandson, R. Mayer Twersky and used his example of ayin tahas ayin. However, given his inheritance of his grandfather's affinity to precision and nuance, it is possible that I did not fully understand him. It is also possible that the years that have passed have blurred my own understanding with what he told me.


Wednesday, February 23, 2005

The Eternity of the Torah IV

Biblical Proofs

Aside from our tradition of the eternal nature of the commandments and the logical proofs for it, medieval scholars also cite biblical proofs for this idea. R. Sa'adia Gaon (Emunos Ve-Dei'os 3:7) wrote:
When I checked in the books I found that what primarily proves this is that many commandments have written about them "beris olam" (an eternal covenant) and "le-doroseikhem" (for your generations). Also, that the Torah writes "Moses commanded us a law, an inheritance of the congregation of Jacob" (Deut. 33:4).
In other words, regarding some commandments we are told that they are forever, such as Shabbos (Ex. 31:16) and Yom Kippur (Lev. 23:31). We, therefore, see that the commandments are not for a limited time but forever. This is also seen from the fact that we are told that the commandments are an inheritance of our people, implying a continued application.

The Rambam wrote in Mishneh Torah, Hilkhot Yesodei Ha-Torah 9:1:
It is a clear and explicit matter that a commandment is forever, without change, detraction or addition as it says "All this word which I command you, that you shall observe, you shall not add to it nor diminish from it" (Deut. 13:1). And it says, "But the things that are revealed belong unto us and to our children forever (ad olam), that we may do all the words of this law" (Deut. 29:28). We see that we are commanded to perform all the words of the Torah forever. And it also says "It is a statute forever (hukas olam) throughout your generations" (Lev. 23:14).
R. David Luria (Radal), in his Hagahos Yad David ad loc., points out that it is out of the ordinary for the Rambam to cite verses, explain them and then cite another verse proving the identical point. Rather, he first quotes all of the verses and only then explains them. If so, why did the Rambam cite two verses (Deut. 13:1, 29:28), explain that we see from the that the commandments are forever and then cite another verse (Lev. 23:14)?

R. Yosef Qafah (ad loc., n. 2) explains that the first two verses prove that the commandments are "le-olam" however the Rambam has not yet proven what "olam" means. Therefore, he cited a further verse (Lev. 23:14) which demonstrates that "olam" refers to all future generations. However, as we shall see, the Rambam later modified his view in Moreh Nevukhim.

An important point of contention in this discussion is the definition of the world le-olam, a qualified of many commandments in the Torah.

1. R. Sa'adia Gaon (Emunos Ve-Dei'os 3:9) wrote that there are three definitions of this term: A. a period of 50 years, B. the lifetime of the referent, C. for the entire span of the existence of the world.

2. R. Yonah Ibn Janah (Sefer Ha-Shorashim sv. al"m) wrote that it means either: A. the distant past, B. the lifespan of something.

3. The Rambam (Moreh Nevukhim 2:28) wrote:
We must, however, bear in mind that olam only signifies perpetuity when it is combined with ad: it makes no difference whether ad follows, as in "olam va-ed," or whether it precedes, as in "ad olam".


R. Yosef Albo (Sefer Ha-Ikkarim 3:16) poses significant challenges to those who argue that one can proof the eternity of the Torah from the biblical usage of the word "olam." He argues from the following verses:

1."Remove not the ancient landmark (gevul olam) which your fathers have set" (Prov. 22:28) which refers to something ancient, not eternal.
2. Similarly, "For of old time (me-olam) I have broken your yoke" (Jer. 2:20).
3. And, "Then shall the offering of Judah and Jerusalem be pleasant to the Lord as in the days of old (ki-yemei olam)" (Mal. 3:4).
4. "I will dwell in Your tent forever (olamim)" (Ps. 61:5) which refers to a long but limited time.
5. Similarly, "O Israel, that is saved by the Lord with an everlasting (olamim) salvation" (Isa. 45:17) that refers to the salvation from Sanheriv.
6. Also, "It has been already, in the ages (le-olamim) which were before us" (Eccl. 1:10).
7. It can also mean a short time, such as in "And he shall serve him forever (le-olam" (Ex. 21:6).
8. And in "When I will bring him, that he may appear before the Lord, and there abide forever (ad olam)" (1 Sam. 1:22) which the Sages tell us refer to the olam of Levi, a relatively short period.
9. "For the palace shall be forsaken; the city with its stir shall be deserted; the mound and the tower shall be for dens forever (ad olam)" (Isa. 32:14) and then in the next verse "Until the spirit be poured upon us from on high" implying a terminal period.
10. "And He bore them and carried them all the days of old (kol yemei olam)" and then in the next verse "But they rebelled and grieved His holy spirit; therefore He was turned to be their enemy, Himself fought against them" (Isa. 63:9-10).

These all seem to indicate that olam does not refer to eternity. However, according to the Rambam above, the only valid challenges are from ad olam or olam va-ed, which appear in only numbers 8 and 9. However, from the context of those verses one can see that the phrases were not meant literally. The simple meaning of the verse is that it is referring to Shmuel's lifetime (as the Radak explained) and the phrase is not meant literally. Number 9 above is not only not a challenge to the Rambam's view, but a proof for him. The phrase "ad olam" is insufficient on its own and must be immediately modified (see Rashi and Abarbanel, ad loc.). If it actually meant a long but limited time, then there would not have been any need to modify the phrase. However, since it literally means forever, the prophet had to immediately modify it to indicate that he did not mean it literally.

(B"n to be continued)

Note that translations here are only slight modifications of the JPS 1917 translation. Convenience trumped accuracy.


Tuesday, February 22, 2005

Or Did He?

Reports are coming in questioning whether R. David Feinstein really retracted his signature to the ban. So what's the truth? I don't know. Feel free to call him and ask.


Monday, February 21, 2005

R. Moshe Shternbuch's Position

Since I had earlier quoted R. Moshe Shternbuch’s ruling in a din torah regarding Aish HaTorah's teaching that the world is billions of years old (here), I feel obligated to direct readers to a public statement that R. Shternbuch recently released on the subject clarifying his view (here). However, once mentioning it, I cannot refrain from commenting on it. I will try to due so with the utmost respect that he deserves, and have had this read by others I trust to ensure that it is written in the spirit of kevod ha-Torah.

I. Miracles and the Laws of Nature

The main theme in R. Shternbuch's statement is that everything is miraculous and it is wrong, perhaps bordering on heretical, to search for natural laws that explain the workings of the world. He writes, "[T]heir concern is to make even this miraculous event [Creation] as close to nature as possible. In other words, they much prefer to make the world as natural as possible and to minimize the miraculous... This is entirely to minimize the acknowledgment of G-d's power and to move instead in the direction of heresy."

I found this attitude very surprising simply because this almost-heretical approach is that of the Rambam (see Shemonah Perakim, ch. 8; Commentary to Avos 5:5; Moreh Nevukhim 2:29). Thus, according to the Rambam, all open miracles were "programmed" into nature during the Creation so that rather than violating the laws of nature they are actually a part of it. This is also the view of the Kuzari (3:73), the Meiri (see his commentary to Avos 5:7 for only one example of many) and the entire Rationalist school of medieval Jewish philosophy.

R. Shternbuch bases his criticism on the Ramban's words in his commentary to Shemos 13:16: "A person does not have a portion in the Torah of Moshe unless he believes that everything that happens in this world is miraculous." A parallel to this can be found in Ramban's Derashas Toras Hashem Temimah (Kisvei Ha-Ramban, vol. 1 pp. 153-154; cf. vol. 1 p. 192; Commentary to Bereishis 17:1, 46:15; Shemos 6:2; Vayikra 18:29, 26:11). For many years these words troubled me because they seem to contradict other statements of the Ramban. However, I found the solution in a brilliant essay by R. Dr. David Berger, "Miracles and the Natural Order in Nahmanides" (in Rabbi Moses Nahmanides: Explorations in His Religious and Literary Virtuosity, R. Isadore Twersky ed.). After marshalling a number of comments of the Ramban that explicitly contradict the above (cf. Commentary to Bereishis 18:19; Vayikra 26:11; Devarim 11:13; Iyov 36:7; Responsum on Astrology in Kisvei Ha-Ramban, vol. 1 p. 379), R. Berger explains that if one reads the passages in the Ramban denying nature within the context of the preceding and succeeding statements, one sees that they are only referring to reward and punishment. Indeed, this is the passage quoted by R. Shternbuch with its continuation:
A person does not have a portion in the Torah of Moshe unless he believes that everything that happens in this world is miraculous, without nature or the way of the world, whether for individuals or communities. Rather, if one fulfills the commandments one is rewarded and if one violates them he is punished.
The limitation of this denial of nature to reward and punishment seems quite viable, and taking into account the Ramban's other explicit advocacies of the theory of nature, it seems even likely. Indeed, as a friend (and prominent rav) pointed out, the Ramban was a doctor. Did he really examine his patients and then say "Let's see what miracle G-d has in store for you?" Certainly not. He attempted to cure the patient based on the laws of nature as he understood them (see his Commentary to Vayikra 26:11).

Thus, not only do the Rambam and the Meiri (and those following their school of thought) believe that there are laws of nature and that not everything is miraculous, even the Ramban agrees to it.

I humbly submit two other supporting points to R. Berger's analysis of the Ramban's attitude. First, while in the Derashas Toras Hashem Temimah the Ramban explicitly quotes the Rambam and disagrees with him, he does not quote any of the places in which the Rambam's main theory of natural law is proposed – i.e. Shemonah Perakim, ch. 8 or Moreh Nevukhim 2:29. Instead, he quotes the Rambam's view of the messianic era, which can be seen as an issue of reward and punishment. If the Ramban were going to argue on the Rambam (and call him a heretic!), he should have quoted the more explicit statements in the above sources.

Additionally, the Ramban had an illustrious descendant named R. Shimon ben Tzemah (Rashbatz) Duran. In the latter's classic commentary on Avos, Magen Avos (5:9), he quotes the Rambam's approach to miracles and only disagrees on whether open miracles were "programmed" into nature during Creation or can happen outside of nature. He does not, however, disagree that generally the world operates within natural laws. One would have expected him to at least quote his famous ancestor the Ramban if he were disagreeing with him on such a fundamental point.

In summary, it seems that many of the rishonim, including the Ramban, believed that the world operates according to laws of nature. The Rambam is quite open about his trying to minimize the miraculous. That this should be considered to be bordering on heresy is something that I find very difficult to understand.

II. The Limits of Human Knowledge

R. Shternbuch also emphasizes that there is a limit to what human beings can understand. We will never be able to fully understand why or how G-d created the universe. Nor, he adds, will we be able to understand His ways concerning good and evil. "In these issues we simply rely on our faith in G-d's greatness."

Again, I am surprised by this approach. Do not the rishonim, who fully acknowledge the limits of our understanding, still attempt to comprehend it? The Ramban in his treatise on theodicy, Sha'ar Ha-Gemul (Kisvei Ha-Ramban, vol. 2 p. 281), after proposing many detailed theories about how and why rewards and punishments are Divinely dispensed, raises the question why one should even delve into these matters since it is almost impossible to fully comprehend all of the issues. Why not just rely on faith that G-d is just and forget about the unfathomable details? He states that such is the question of those who despise wisdom. By studying such matters we learn more about G-d's ways. Rather, it is everyone's obligation to delve into such matters and to become satisfied in the justice of G-d's ways. Despite the limits on our understanding, not only may we try but, at least regarding good and evil, we must try.

The Ramhal, in his own treatise on theodicy Da'as Tevunos (par. 18), explains why G-d created the world:
What we can understand here is the following: The blessed Creator is the very essence of good. It is the nature of good to bestow good. This is why the Lord created men – so that He could bestow good upon them.
R. Hayim Friedlander, in his Iyunim studies on this passage, emphasizes that the Ramhal begins with the phrase "What we can understand here is the following." He acknowledges the severe limitations of our understanding. However, this does not stop him from attempting to understand!

III. The Agenda of Scientists

R. Shternbuch dwells at length on the hidden agenda of scientists:

"Their main concern is to try to shake the faith in G-d – which has been accepted by us generation after generation."

"Scientists – even those who are described as religious – are ashamed that we don't agree with the views of the leading scientists that man is descended from the apes... They will accept anything that enables them to avoid acknowledging that G-d created man with His wisdom. Therefore they use misleading and distorted citations from Torah literature to claim justification for such scientific beliefs in the words of our Sages."

I am not a scientist nor am I a member of the Association of Orthodox Jewish Scientists. However, I know scientists and members of that association, and I respectfully question whether R. Shternbuch's description is accurate. In matters such as this, which include very serious accusations about emunah, I remain in the position of judging these scientists favorably (le-khaf zekhus) and will say no more although much could be said.

IV. Proofs and Counterproofs

R. Shternbuch discusses a number of proofs for the antiquity of the universe and attempts to disprove them. It is unfortunate that he combined two separate but related issues – the age of the universe and evolution – because it is theoretically possible, and such is frequently the case among Orthodox Jews, to accept an ancient universe and reject evolution. However, I will not discuss those issues here because they are not entirely relevant. If he is arguing from tradition, then there is no need to bring proofs or counterproofs. But... im le-din, yesh teshuvah.

V. Science and Hedonism

R. Shternbuch blames much of the moral problems in today's society on science. Were he to blame it on atheists who use science as a reason for rejecting religion, I would understand entirely and sympathize. However, the blame belongs to atheists and not scientists. Science does not have an inherent moral system. It is a morally neutral methodology of analyzing facts and proposing theories that has nothing to do with behavior or ethics. In fact, polls have demonstrated again and again that professional scientists are by and large believers in religion. If science is combined with a morality, as it frequently is and as the Rambam attempted to do particularly in his Mishneh Torah, Hilkhos Yesodei Ha-Torah, then the catastrophic moral consequences that R. Shternbuch discusses do not directly follow. A true Torah Jew who studies science is not a hedonist and will not become one. Nor, for that matter, is a true Torah Jew who does not study science free from becoming a hedonist. It is the presence or lack of yiras Shamayim that determines the fate of a Jew, and not whether or how he investigates the workings of the world that G-d created.

VI. Heresy or Not?

To the main point, R. Shternbuch concludes with the following:
I do not know whether all those who accept the view of the scientists – that the world is very ancient – are heretics. However I do know that only heretics have such views against our Sages – who are fully accepted by us.
If he had said that it is heresy to believe that the world is ancient, then one could simply say that R. Shternbuch strongly disagrees with the Tiferes Yisrael and others. He considers the view that they proposed to be heretical, even though they are not to be blamed for their mistake. However, R. Shternbuch did not conclude in that way. Rather, he said that regardless of whether or not it is heresy, i.e. even if it is not an ikkar of emunah to believe that the world is 5765 years old, anyone who accepts such a theory reject the views of the Sages. Instead of disregarding the theory of these gedolim, R. Shternbuch is stating that they lacked emunas hakhamim. In a sense, his softer condemnation is much stronger and more personal. Who before has said that the Tiferes Yisrael lacked emunas hakhamim?

But is this view heresy? It is still not clear. Perhaps that is why R. Shternbuch decided in favor of Aish HaTorah in the din Torah that was brought before him.

In conclusion, R. Shternbuch has attempted to clarify his view and we must respect his right to do so. I do not understand his statement but since I have never gone to him with my questions before, I will not do so in this case either and probably never will. His Da'as Torah contradicts the Da'as Torah I have received from the numerous rabbanim and roshei yeshivah with whom I have spoken on this matter. Eilu va-eilu...


R. Joseph Zundel of Salant

Menachem Butler on his ancestor R. Joseph Zundel of Salant.


Religious Coercion II

R. Aharon Lichtenstein, Leaves of Faith vol. 2 p. 19:
Quite obviously, with respect to many, if not most, halakhic demands, fundamental acceptance by non-observant Israelis simply does not exist. This is not solely due to the fact that non-observant Jews are now so much more numerous than they were before the Enlightenment, although that is a factor. It is due, in large measure, to the fact that the recalcitrant Jew is now differently motivated. Whereas dereliction in fulfilling religious duties would previously have been probably due to frailty and backsliding, i.e., a volitional failing, it is now generally the result of unbelief, an intellectual failing. The type of resistance encountered is entirely different, therefore, and is not amenable to formerly effective modes of response. Moreover, in the generally libertarian climate of modern Western society, attempts at coercion are usually not only ineffectual but destructive. Inasmuch as they generate resentment, they do not simply fall short but backfire. In the present context, therefore, coercion, as a technique of stimulating positive religious observance, cannot generally succeed.


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