sign in sign up
<<
Home , Ari Berman, Avishai David, Baruch Gigi, Baruch Simon, Benjamin Yudin, Berel Wein

Rabbi Isaac Elchanan Theological Seminary • YU Center for the Jewish Future THE BENJAMIN AND ROSE BERGER TO-GO® Established by Hyman and Ann Arbesfeld • May 2018 • 5778 T R H in the Age of Innovation

Heritage and 21st Century Mourning Innovation Challenges the Loss of a The Torah’s How Halacha Friend Views on Responds to New A Tribute to Rabbi Changes over Technologies Ozer Glickman z”l the Ages and Realities We thank the following which have pledged to be Pillars of the Torah To-Go® project

Beth David Congregation Ohab Zedek Young of West Hartford, CT , NY Century City , CA Beth Jacob Congregation Congregation Beverly Hills, CA Shaarei Tefillah Young Israel of Newton Centre, MA New Hyde Park Bnai Israel – Ohev Zedek New Hyde Park, NY Philadelphia, PA Green Road Synagogue Beachwood, OH Young Israel of Congregation Scarsdale Ahavas Achim The Jewish Center Scarsdale, NY Highland Park, NJ New York, NY Young Israel of Congregation Benai Asher Jewish Center of Toco Hills The Sephardic Synagogue Atlanta, GA of Long Beach , NY Long Beach, NY Young Israel of Koenig Family Foundation Congregation Brooklyn, NY West Hartford Beth Sholom West Hartford, CT Young Israel of Providence, RI Young Israel of Lawrence-Cedarhurst Cedarhurst, NY West Hempstead West Hempstead, NY

Rabbi Dr. , President, University Rabbi Yaakov Glasser, David Mitzner Dean, Center for the Jewish Future Rabbi Menachem Penner, Max and Marion Grill Dean, Rabbi Isaac Elchanan Theological Seminary

Rabbi Robert Shur, Series Editor Rabbi Joshua Flug, General Editor Rabbi Michael Dubitsky, Content Editor Andrea Kahn, Copy Editor

Copyright © 2017 All rights reserved by Yeshiva University Center for the Jewish Future 500 West 185th Street, Suite 419, New York, NY 10033 • [email protected] • 646.592.4101

This publication contains words of Torah. Please treat it with appropriate respect. For sponsorship opportunities, please contact Paul Glasser at 212.960.5852 or [email protected].

2 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Table of Contents Shavuot 5778

4 Rabbi Yaakov Glasser: Introduction

Heritage and Innovation

5 Rabbi : Observing Torah in an Age of Innovation

10 Mrs. Karen Lavner: The Religious Innovation of Nadav and Avihu

21st Century Challenges

14 Rabbi : Electricity and Shabbos: Past, Present and Future

17 Rabbi Mois Navon: Ethical Dilemmas on the Road to Redemption

Rabbi Edward Reichman MD and Shmuel Reichman: The Definition of Maternity Revisited and the 21 Double Helix (Spiral) of Torah and Madda

26 Ms. Elisheva [Ellie] Levi: The Tower, the Ziggurat, the Mountain and the Race to Reach the Sky

30 Dovid Lichtenstein: Facebook, Cambridge Analytica and the Right to Privacy: A Halachic Overview

Shavuot Study Guide

35 Rabbi Daniel Z. Feldman: A Tribute to Rabbi Ozer Glickman, z”l

37 Rabbi Joshua Flug: Contemporary Business Ethics: A Shavuos Night Study Guide

3 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 havuos commemorates the focus on it every day. This is what is technology, and society widens the Har Sinai experience, the most meant by the verses “But take utmost generation gap. The Torah is teaching defining moment of Jewish care and watch yourselves scrupulously, us that the experience of Sinai is Shistory. This was the moment when so that you do not forget the things that eternally relevant and resonant to the Jewish people received their you saw with your own eyes etc.” our lives. Despite the changes we see mandate to live lives of sanctity and Ramban, Shich’chas HaLavin no. 2 in the world around us, our halachic purpose, and to serve as a moral Other commentaries assume that the system, is positioned to ensure that light to the nations of the world. The Torah is relating a general expectation the ideals of Torah can be applied and hundreds of mitzvos HaTorah serve to internalize the overall prominence understood in the face of all progress as a framework for us to discover our and centrality of the mitzvos HaTorah. and innovation — by those who guide own personal potential in developing However, for the Ramban, this is a its development. The voice of Sinai as servants of G-d, and contribute specific directive to remember the heard by our grandparents is just as to the larger national ambition experience of Sinai. The Ramban powerful and formative for us today. of propelling this world towards himself challenges his own thesis by There are voices within the Jewish redemption. The Torah (Devarim quoting the Gemara in Kiddushin 30a: community that seek to portray the 4:9-10) describes the importance of halachic system as archaic and out of ולמדתם אותם את בניכם אין לי אלא בניכם בני embedding this iconic moment within touch with the values that our society בניכם מנין ת”ל והודעתם לבניך ולבני בניך. :the consciousness of our people has accepted. The Ramban reminds “And you shall teach them to your us that our Sinai experience echoes רַ ק רהִשָמֶ לְָךּושְ מֹר נַפְשְָך מְ אֹד פֶן תִשְ כַח אֶ ת children” I only know that you must beyond the moment of Sinai and הַדְבָרִ יםאֲשֶר רָ אּו עֵ ינֶיָך ּופֶ ן יָסּורּו מִ לְבָבְ ָך כֹל teach your children. What is the source remains a vital and central part of our יְמֵי חַ יֶיָך וְהֹודַ םעְתָ לְבָ נֶיָךוְלִבְ נֵי בָ נֶיָך. יֹום אֲשֶ ר for teaching grandchildren? The verse consciousness forever. No matter what עָמַדְתָ לִפְ נֵיה’ אֱֹלקֶיָך בְ חֹרֵ ב בֶאֱ מֹר ה’ אֵ לַ י states, “And make them known to your the generation gap may be, the values הַקְהֶ ל לִי אֶת הָעָם וְאַשְמִעֵם אֶת דְבָרָ י אֲשֶ ר children and to your children’s children.” and principles of Torah are relevant יִלְמְ דּון לְיִרְ אָ ה אֹתִ י כָל הַ יָמִים אֲשֶר הֵם חַ יִים .The Gemara employs this very verse and applicable to our reality עַל ההָאֲדָמָ וְאֶת בְ םנֵיהֶ יְלַמֵ דּון. But take utmost care and watch yourselves as the source for the mitzvah to teach one’s grandchildren, not for This issue ofTorah to Go features a scrupulously, so that you do not forget number of articles that explore how the things that you saw with your own remembering the Sinai experience. The Ramban, however, explains that the wisdom of Torah impact upon our eyes and so that they do not fade from era’s most extraordinary innovations. your mind as long as you live. And make the intent of this Gemara is in fact to convey the particular requirement to Beyond the fascinating details of them known to your children and to your how passages in the Gemara about children’s children: The day you stood teach one’s grandchildren about the Sinai experience. muzzling an animal can inform us before the Lord your G-d at Horeb, when regarding the halachic status of an the Lord said to Me, “Gather the people Why would teaching one’s Alexa on Shabbos, these articles stand to Me that I may let them hear My words, grandchildren be distinguished in any for something larger. A confidence in order that they may learn to revere Me way from our overall requirement to and certitude that the experience of as long as they live on earth, and may so study Torah, and teach it to the next Sinai — in its entirety — is never teach their children.” generation? Perhaps, the Ramban is forgotten. That each and every detail The Ramban, in his list of mitzvos, alluding to a specific challenge that remain core to our national identity counts this as one of the 613 Mitzvos: we often encounter in our quest to and our ultimate destiny. pass on the values and commitments ,Wishing you a chag sameach שנמנענו שלא נשכח מעמד הר סיני ולא נסיר of Torah to subsequent generations. אותו מדעתנו אבל יהיו עינינו ולבנו שם כל Parents and children often overlap הימים והוא אמרו יתעלה )ואתחנן ד ט - י( in their overall encounter with the השמר לך ושמור נפשך מאד פן תשכח את world. However, grandparents and הדברים אשר ראו עיניך. grandchildren are often growing up Rabbi Yaakov Glasser We are prohibited from forgetting the David Mitzner Dean, YU Center and living in two entirely different for the Jewish Future and Rabbi, gathering at Sinai and from eliminating worlds. The evolving nature of science, it from our memories. Rather, we must Young Israel of Passaic-Clifton

4 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Rabbi Hershel Schachter Heritage and and Rosh , RIETS Rabbi Schachter, a noted Talmudic scholar, has had a distinguished career with RIETS for over 40 years. He joined the Innovation faculty in 1967 at the age of 26, the youngest rosh yeshiva at RIETS. Since 1971, Rabbi Schachter has been rosh kollel in the Marcos and Adina Katz Kollel (Institute for Advanced Research in Rabbinics) and also holds the Nathan and Vivian Fink Distinguished Professorial Chair in . In addition to his teaching duties, Rabbi Schachter lectures, writes and serves as a world renowned decisor of Jewish law. A prolific author, he has written more than 100 articles, in Hebrew and English for such scholarly publications as HaPardes, Hadarom, Beth Yitzchak and Hamizrach. His books include Eretz HaTzvi, B’ikvei HaTzon, Nefesh HaRav, MiPninei HaRav and Ginat Egoz. At age 22, Rabbi Schachter was appointed assistant to the renowned Rabbi Joseph B. Soloveitchik.

OBSERVING TORAH IN AN AGE OF INNOVATION

n Parashas Toldos, we find that “Don’t go down to Egypt” — because not be a continuation of Avraham’s Yitzchak Avinu tried his best to [Yitzchak] thought to go down to Egypt legacy but a violation of it. continue the legacy he received just as his father did in times of famine. The same conversation took place Ifrom his father Avraham Avinu. He [Hashem] said to [Yitzchak], “Don’t between Hashem and Yehoshua. even dug the same wells his father go down to Egypt because you are When Yehoshua defeated Yericho, he did and called the wells by the same [sanctified like] a burnt offering without placed a cherem (ban) on the spoils. names. When there was a famine, blemish and you do not belong outside of Achan didn’t listen and partook of Yitzchak thought that the best course the . the spoils, unbeknownst to Yehoshua. of action was to go to Egypt, just as Yitzchak thought that going to Egypt As a result, the Jewish people were his father did when he experienced would be a continuation of his father’s defeated at Ai. The Gemara,Sanhedrin famine. However, Hashem told legacy. But Hashem told Yitzchak 44a, states that when Yehoshua asked Yitzchak not to go but to remain in that he was living in different times Hashem why they were defeated, Eretz Yisrael. (26:2) tells us under different circumstances. For Hashem replied “atah garamta lahem,” why Hashem wanted him to remain in Avraham, the proper course of action it is your fault because you shouldn’t Eretz Yisrael: was to leave Eretz Yisrael and go to have placed a cherem on the spoils of .Egypt. But, said Hashem, you were war “אל תרד מצרימה” - שהיה דעתו לרדת consecrated as an offering at Akeidas למצרים כמו שירד אביו בימי הרעב אמר לו The Maharsha, ad loc., asks: Why Yitzchak. You cannot leave Eretz אל תרד מצרימה שאתה עולה תמימה ואין did Hashem blame Yehoshua? He Yisrael because for you, leaving would חוצה לארץ כדאי לך. was simply following the actions

5 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 of his , Moshe Rabbeinu. The identical theme. The Torah is not same passage in the Gemara states merely a collection of laws. In its that when Moshe led Bnei Yisrael to entirety, it constitutes a description war, he placed a cherem on the spoils of G-d’s essence. Of course we can’t on three different occasions and really comprehend His essence. Achan violated all three of those bans One of the Jewish philosophers of as well. Why, then, was Yehoshua the Middle Ages (cited in Derashos criticized for placing a cherem? Haran no. 4) commented that, “if The Maharsha answers that the I would understand Him, I would circumstances were much different. be Him.” The only One who can Before the Jewish people entered understand Elokus (Divinity) is Eretz Yisrael, the responsibility of G-d Himself. Nonetheless, He one Jew for another — kol Yisrael gave us the Torah which by way areivin zeh bazeh — wasn’t yet in of moshol (analogy) constitutes a effect. As such, when Achan violated description of Elokus. It is for this the cherem, only he was punished. reason that the Torah is described However, once the crossed as “The Moshol HaKadmoni,” into Eretz Yisrael and kol Yisrael the moshol of Hakadosh Baruch areivin zeh bazeh set in, each Jew was Hu (see Rashi to Shemos 21:13). responsible for the actions of another comments that In describing Matan Torah, the and the Jewish people were punished it would probably be more accurate verse ( 20:15) states: for the sin of Achan. The principles to say that the Torah is a moshol of that Yehoshua learned from Moshe a moshol of Elokus, as opposed to .Rabbeinu remained the same, but assuming that it is a direct moshol וְכָל הָעָ םרֹאִים אֶת הַ ּקֹוֹלת וְאֶת הַ לַפִידִ ם וְאֵת קֹול הַ שֹפָר וְאֶת הָהָר עָשֵ ן וַיַרְ א הָעָ ם he lived in different times and those The prophet Malachi (3:6) tells us וַיָנֻעּו וַיַעַמְדּו מֵרָ חֹק. same principles applied differently to The whole nation saw the thunder that G-d’s essence never changes. the new circumstances. and the lightning and the sound of the Everything in the creation is subject shofar and the mountain smoking. to change, but G-d the Creator never The nation saw and they trembled The Torah Never Changes changes. Since our tradition has it that and stood from afar. the Torah is a description (even if only The contains a summary of How is it possible to see the sounds by way of moshol) of Elokus, and the the Rambam’s “Thirteen Principles of prophet Malachi tells us that G-d’s of the thunder? R. Chaim Tzanzer, Faith.” The ninth one is: Divrei Chaim to suggests that essence cannot be affected by change, it therefore follows that the laws of the אֲ נִי מַאֲמִין בֶאֱ מּונָה שְ לֵמָה שֶ זֹאת הַ תֹורָ ה לֹא the reason why we normally can’t .Torah can never change תְהֵא מֻחְ לֶפֶת וְ לֹא תְהֵא תֹורָה אַחֶרֶ ת מֵאֵ ת see sounds is because there are Rabbi Soloveitchik suggested that if הַ ֹורֵב איִתְבָרְַך שְ מֹו . too many other sensations we are feeling at the same time; we are I believe with full faith that this Torah he were formulating these principles, distracted. At Matan Torah, the will never change and there will never he would have added a fourteenth Jewish people reached the level be another Torah from the Creator, His principle — a corollary to the ninth of a prophet who is able to block name shall be blessed. principle. This fourteenth principle everything else out and actually is that the Torah is meaningful hear the sounds with the clarity Why is it that the Torah can never as if actually seeing it. From this change? Why can’t Hashem send in every generation and to every perspective, Matan Torah serves us prophecies in later generations society. The laws of the Torah are as the paradigm of distraction-free with new ways to serve Him? The not subject to change. Technological learning. explanation is given by the author of advances and societal norms cause the Tanya as well as by Rav Chaim the circumstances to change, and Torah To Go Editors of Volozhin who both develop the the in each generation have to

6 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 figure out how to apply those same of the later se’ifim (subsections) is information available in order to laws and principles to its generation. the same source as the ruling in the arrive at a halachic decision. Rabbi When we learned the laws of kosher in firstse’if . Essentially, there is one Soloveitchik used to contrast the principle for that , but there Rabbinic approach with the Greek Yoreh De’ah with Rabbi Soloveitchik, siman we encountered the case of a non- are different situations where that approach. The Greeks felt that using kosher utensil that was mixed with principle is applicable, and depending their hands to experiment was not many kosher utensils. Based on on the situation, the ruling will be for the noble class. Only servants use different. When new technologies are their hands. Therefore, they would the principle of rov (majority), the mixture of utensils should all be introduced, a rabbi’s job is to figure philosophize about various topics considered kosher since the non- out the component parts of each se’if — why fire goes up, why water goes kosher utensil represents a minority and what makes us apply the principle down, why water puts out fire — of this mixture. However, this case one way in situation A and another without performing any experiments way in situation B. By doing so, he to back their claims. By contrast, appears in a siman (chapter) dealing should be able to determine which halacha requires that the has with the rule of davar sheyesh lo are applicable to the question the best information available. This matirin — the rule that if the mixture se’ifim can become permissible without that he is dealing with. is illustrated by a comment of Dovid Hamelech (in 4a), who said applying the principle of rov, then the Berachos that while the kings of all the other principle of rov cannot be applied. Scientific Innovation and Should we assume that since the Halachic Determinations nations sit on their thrones, his hands mixture of utensils can become are dirty from studying blood of miscarried fetuses in order to permit permissible by kashering the entire There are many scientific innovations mixture in boiling water, that the such as chemical analysis and DNA women from their status. davar sheyesh lo matirin rule should testing that allow us to find out The Ramban Chiddushim( to be applied? Rav Yosef Karo, Yoreh information that wasn’t available in Chullin 42a and Milchamos, Shabbos De’ah 102:3, rules that since it is previous generations. Can we use 48a) follows the principle of the expensive to kasher all of the utensils, scientific findings to make halachic Yerushalmi and notes that Chazal it is not considered a davar sheyesh lo determinations? didn’t arbitrarily take positions on matirin. Therefore, all of the utensils There is a dispute among the Tannaim facts that could be determined based are permissible. Rabbi Soloveitchik as to whether rice can become on experimentation. If we find a pointed out that Rav Yosef Karo lived or not. Most of the rabbis dispute that seems like a dispute about in a time when there was no modern were of the opinion that it does not facts, we should assume that Chazal plumbing or water-heating methods. become chametz, while Rav Yochanan did experiment and that the dispute is He lived in the hills of Tzfat where ben Nuri held that it does become about how to interpret the results. finding water and heating was in fact chametz. The Yerushalmi,Pesachim When Rav Yitzchak Herzog was the costly. However, with the advent of 2:4, asks: Why didn’t they perform of Israel, a dispute arose plumbing, water heaters and modern an experiment and see whether it in the beis din about a paternity case stoves, the cost of all of the kashering becomes chametz? The Yerushalmi in which the ex-husband of a divorced utensils is negligible and in today’s answers that they did perform an couple claimed that he wasn’t actually times, if such a situation would arise, experiment. Most of the rabbis the father of the child. A blood test we would be required to all of kasher saw the results of the experiment was performed and based on the the utensils. and determined that what they blood types of the ex-husband and the Often there is asiman in Shulchan were looking at wasn’t chametz but child, it was determined that he could Aruch that deals with a single topic. rather sirchon. Rav Yochanan ben not possibly be the father of the child. The Vilna Gaon, who usually cites Nuri looked at the same results and Some of the rabbonim on the beis din the Talmudic sources for the ruling classified it as chametz. were reluctant to accept the blood test in Shluchan Aruch, will point out We see from the Yerushalmi the as evidence. They claimed that halacha that the source for the ruling in some importance of using the best doesn’t recognize a blood test as a

7 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 form of evidence. Rav Herzog wrote a New York State has laws that ban was shown a vision of Rabbi Akiva letter stating: proprietors from selling non- teaching his students and offering kosher foods and labelling them as interpretations of the Torah based on לא אכחד כי כמעט בושתי ונכלמי מדברי .kosher. Rabbi Sholom Rubin was the crowns on top of certain letters כ”ג ... ביחס של ביטול כלפי בדיקת an inspector for New York State and Moshe Rabbeinu felt faint because הדם מהבחינה השלילית, כלומר מבחינת used chemical tests to determine he couldn’t understand anything that האפשרות שיש לה לברר שאין זה בנו של זה. .that a certain proprietor who was Rabbi Akiva was saying מה שייך לדבר על נאמנות הרופאים בדבר labelling his meat as kosher was not How is it possible that Moshe שנתקבל לברור מכל גדולי המדע הרפואי salting the meat. At the hearing, the Rabbeinu didn’t understand בכל העולם כולו ... חבל שבעוד שהמדע proprietor claimed that the chemical Rabbi Akiva’s teachings? Isn’t it a הולך וכובש עולמות ומגלה סודי סודות, אם test was invalid because according to fundamental principle of faith that כי גם הוא טועה לפרקים, אנו בקשר לעניני Rabbi Soloveitchik, one cannot use the entire Torah was given to Moshe מדע הנוגעים לתוה”ק משקעים ראשינו בחול chemical tests for halachic evidence. Rabbeinu? The answer can be found כהעוף הידוע, ותו לא מידי. הכרחי שנעמיד The proprietor’s claim is preposterous in the next part of the story. Moshe מתוך הישיבות הק’, מהעילויים שבהם, and totally inconsistent with Rabbi Rabbeinu felt better when he heard אנשי מדע בכל מקצוע כזה ולא נהי’ זקוקים Soloveitchik’s worldview. a student ask Rabbi Akiva, “What לאחרים בעניני פיזיולוגיה, כימיה, חשמל ובכל ”,?is the source of a certain halacha הנוגע לתוה”ק. I do not deny that I was almost Even when accepting and Rabbi Akiva responded that it embarrassed ... by what you wrote ... was a “halacha leMoshe miSinai.” In in such a deprecating manner towards scientific evidence, other words, all of the Torah, even blood tests, from a negative aspect. That we must use halachic in the days of Rabbi Akiva as well as is, with regard to the possibility that [a today, is a legitimate development of blood test can] clarify that X is not the principles to determine Toras Moshe, based on the use of the son of Y. How can there be a question of how much weight to “middos shehaTorah nidreshes bahem” the credibility of the doctors in a matter — the hermeneutical principles which has been clearly accepted by all give to the evidence. that were given to Moshe in order the masters of medicine throughout the to interpret the Torah, and therefore entire world! … It is unfortunate that Even when accepting scientific everything is implicitly “included” while science is progressively conquering evidence, we must use halachic in what was given to Moshe. He was worlds and discovering all sorts of principles to determine how much given the text with the “middos,” and secrets, although it too errs at times, weight to give to the evidence. when applying these “middos” to the we, like ostriches, bury our heads in the Sometimes scientists can determine text, all the details of the halacha as sand. It is imperative that we encourage something with 100% certainty and we know it today follow automatically. the ablest students of the yeshivot also sometimes their determinations are The middos“ ” simply guide the rabbis to be educated as men of science in each based on statistics or assumptions. In in their task of reading “in between the discipline, so that we should not need to these situations, halachic principles lines” to obtain a fuller picture of each turn to others in matters of physiology, such as rov (statistical majority) and mitzvah. chemistry, electricity, etc. concerning safek (doubt) must be applied. 1 Rabbi Soloveitchik (Uvikashtem things that relate to our sacred Torah. Misham pg. 49) noted that there are Chazal always based their halachic Innovations in Torah Ideas two terms that have similar meanings rulings on the science that was but connote different ideas:shinui prevalent in their time. They followed While the Torah never changes, and chiddush. Shinui is a decision to the consensus of scientists and the Torah is dynamic and there is stray from our tradition. Chiddush doctors and we have to apply our still room for “chiddushei Torah,” is innovation that works within our halachic rulings based on the science innovations in Torah ideas. The tradition and adds new depth to of our times. Gemara, Menachos 29b, teaches us it. Torah literature is replete with that when Moshe Rabbeinu was “chiddushim,” ideas that build upon the receiving the Torah at Sinai, he

8 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 chiddushim of previous generations them using the laws of nature that but are wholly rooted in our tradition, were part of creation. However, in A number of reasons are given as to why Megillat Rut is read on Shavuot. both in form and in substance. each generation, there are novel Torah One suggestion (see R. Yehuda Leib Thesechiddushim further perpetuate ideas that didn’t exist in previous Maimon’s Chagim UMoadim pp. our tradition. When innovation generations. These ideas reflect the 271-272) is that Megillat Rut is a is not rooted in our tradition, it is will of Hashem, but they don’t enter symbol of the Oral Tradition. While considered shinui. this world (tachas hashemesh) until the the Torah (Devarim 23:4) prohibits In a certain sense, Torah is the one idea is expressed by a talmid chacham Moabites from marrying into the Jewish people, our rabbis ( area ripest for innovation. Rashi (Pe’er HaDor Vol. III pg. 79). 77a) teach us that this is only true of on Koheles (1:9), commenting on The Chazon Ish’s comment echoes the Moabite men, not Moabite women. the verse “ein kol chadash tachas idea that true chiddushei Torah aren’t By reading the megillah on Shavuot, hashemesh” — there is nothing new necessarily a reflection of how the including the last few verses, that under the sun, writes: Torah was understood when given to state explicitly that King David was Moshe Rabbeinu. They are new ideas a product of the marriage of Boaz בכל מה שהוא למד בדבר שהוא חליפי that didn’t exist previously, but rooted and Rut, we are affirming our belief השמש אין בו חידוש לא יראה אלא מה שהיה in the Oral Tradition. The Oral in the “middos.” This idea also emerges כבר שנברא בששת ימי בראשית אבל ההוגה Tradition that allowed Boaz to marry from a comment of the Chida, in his בתורה מוצא בה תמיד חדושי טעמים. commentary to Megillas Rus ( Rut, against the simple meaning of In whatever he learns, in a matter that is Simchas Haregel 4:12). Chazal (Yevamos 77a) the text, is an equal partner with an exchange for the sun, there is nothing the Torah text and both were given teach us that until Boaz married Rus, new. He will see only that which already together at Matan Torah. it was presumed that the prohibition was, which was created in the six days against marrying a Moabite convert Torah To Go Editors of creation. But one who engages in the applied both to male and female study of Torah constantly finds new converts. Shmuel Hanavi and his insights therein. given to Moshe Rabbeinu. While the beis din interpreted the verse to Torah is the same Torah, it continues The Chazon Ish was asked regarding mean that it only refers to males and to speak to us and convey Hashem’s this Rashi, isn’t the opposite true? not to females. Does this mean that message. Thechiddushei Torah of The world is full of innovation. Every from the time the Torah was given, each generation reveal aspects of day there is a new invention and the there was never a prohibition against Elokus that we can relate to in our world today looks totally different marrying a female Moabite convert? generation. May we all be zoche that than it did even one generation ago. The Chida suggests that perhaps our study of Torah and how it applies However, the Torah that we learn is Moabite women were prohibited until in this generation will lead to a greater the same Torah that we have learned the time of Shmuel Hanavi and it appreciation of the Divine. for generations. What does Rashi was only after his interpretation that mean? The Chazon Ish answered that Moabite women were permitted. The Endnotes all of the innovations that we see in permissibility of marrying a Moabite today’s world were available to us from woman was an innovation that didn’t 1 The letter appears in an article by Prof. the creation of the world. We didn’t exist in previous generations. Dov Frimer, Assia vol. 35. The translation is discover them until recently, but we taken from an English version of the Prof. always had the ability to produce Shavuos celebrates ma’amad Har Frimer’s article in Assia’s English language Sinai, when the entire Torah was publication.

Find more shiurim and articles from Rabbi Hershel Schachter at https://www.yutorah.org/Rabbi_Hershel_Schachter

9 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Mrs. Karen Lavner Heritage and Judaic Studies Faculty, Yeshiva University High School for Girls Innovation Mrs. Lavner teaches Chumash and Jewish History at the YU High School for Girls. She also serves as junior grade level coordinator. In the past, Mrs. Lavner served as the faculty advisor for the Names, Not Numbers© Holocaust Memorial Project. Mrs. Lavner is a summa cum laude graduate of Stern College with a B.A. in Judaic Studies and Psychology. She was awarded the Belkin Scholarship for Academic Excellence, the Miriam Araten Memorial Award for Excellence in Bible, and the Ida Lamport Hurowitz Memorial Award for Excellence in Psychology. She also served as coordinator of the Peer Counseling Program at . Before coming to YUHSG in 2007, Mrs. Lavner worked in psychology research at the Mount Sinai School of Medicine.

THE RELIGIOUS INNOVATION OF NADAV AND AVIHU

brief study of the Torah’s supposed to be a joyous occasion, Now Aaron’s sons Nadab and Abihu account of the death of turned into a day of tragedy and each took his fire pan, put fire in it, and Nadav and Avihu leaves us mourning? A thorough analysis of laid incense on it; and they offered before withA a major unanswered question: Nadav and Avihu’s actions will not Hashem alien fire, which He had not What, exactly, did they do wrong? only shed light on the nature of their enjoined upon them. And fire came forth This question is exponentially sin, but can provide insight into the from Hashem and consumed them; thus amplified when we consider that Torah’s attitude toward religious they died at the instance of Hashem. their sin resulted in an immediate innovation. Vayikra 10:1-2 death penalty. In what way did they To begin, we will review the psukim: The reader is immediately confronted so grievously err that such a harsh by one observation: the entire story, וַיִקְחּו בְ נֵי אַהֲ רֹן בנָדָ וַאֲבִיהּוא אִ יש מַחְתָ תֹו punishment was meted out on the consisting of 31 words from the וַיִתְנּו בָהֵ ן אֵ שוַיָשִ ימּו עָלֶיהָקְ תטֹרֶ וַיַקְרִ בּו לִפְ נֵי spot? How did it come to pass that beginning of their service until their ה’ אֵ ש זָרָה אֲשֶ ר לֹא צִ ָ ּוה אֹתָ ם. וַתֵצֵ א אֵ ש the yom hashemini, the day that was ultimate demise, does not explicitly מִ לִפְ נֵי ה’ וַ תֹאכַל םאֹותָ וַיָמֻ תּו לִפְ נֵי ה’.

This article is written L’ilui Malka bat Aharon Yitzchak, on the occasion of her 12th yahrtzeit.

10 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 reveal Nadav and Avihu’s precise sin. The opinions cited by Rashi are not their offering. A prototypicalpashtan , The midrash in Vayikra Raba presents pshat-based explanations. Rather, Rashbam connects Nadav and Avihu’s a wide range of opinions as to what Chazal are “reading between the act in the very beginning of chapter exactly it was. lines” in developing these approaches. 10 to the conclusion of chapter 9. To We might suggest that Rashi, a fully understand Rashbam’s analysis The Explanations of Rashi and parshan who regularly incorporates of Nadav and Avihu’s sin, we must Rashbam both pshat and derash, adopted the understand what transpired in this approaches rooted in derash, given the preceding chapter: וַ יָבֹא מֹ ֶ הש וְאַהֲ רֹן לאֶ אֹהֶל מֹועֵ ד וַ יֵצְאּו וַיְבָרֲ כּו In his commentary, Rashi quotes two significant challenges presented by אֶת הָעָ ם וַ י אֵרָ כְבֹוד ה׳ אֶ ל כָל הָעָ ם וַ תֵצֵ א אֵ ש opinions from the midrash: the text in taking a purely pshat-based explanation. מִ לִפְ נֵי ה׳ וַ תֹאכַל עַ ל הַ ִמזְבֵחַ אֶת הָ עֹלָה וְאֶ ת ותצא אש. רַ’ אֱ לִ יעֶ זֶר אֹומֵ ר לֹא מֵ תּו בְ נֵי אַהֲ רֹן הַחֲ לָבִ ים וַ יַרְ א כָל הָעָ ם וַ ָירֹנּו וַ ִיפְלּו עַ ל ְ פנֵיהֶ ם. Also taking on the challenge of אֶ לָּא עַ ל יְדֵ י ֶ שׁהֹורּו הֲ לָכָ ה בִּפְ נֵי מֹשׁה רַ בּן, רַ ִ בּי ֶָ understanding this passage, Rashbam Moses and Aaron then went inside the יִשְׁמָעֵ אל אֹומֵ ר ְ שׁתּויֵי יַיִן נִכְנְסּו לַ מּקְ ָדּשׁ, תֵּדַ ע, ִ ,offers his own explanation. Tent of Meeting. When they came out שֶׁאַחַר מִיתָתָן הִ זְהִיר הַ נֹּותָרִ ים ֶשׁלּא יִכָּנְסּו ֹ they blessed the people; and the Presence ויקחו בני אהרן נדב ואביהוא - קודם שיצא ְ שׁתיֵי יַיִן לַ ִמּקְ ָדּשׁ, מָ ָ לשׁ לְמֶ לֶ ְך שֶׁהָ יָה לֹו בֶ ן ַ בּיִת .of Hashem appeared to all the people האש מלפני ה׳ כבר לקחו איש מחתתו וְ כּו’, כִּדְאִיתָ א בּוַ יִּקְרָ א רַ ָ בּה: ְ Fire came forth from before Hashem and להקטיר קטורת לפנים על מזבח הזהב, שהרי And There Went Out Fire — Rabbi consumed the burnt offering and the fat קטורת של שחר קודמת לאיברים, ונתנו בהן Eliezer said: the sons of Aaron died only parts on the altar. And all the people אש זרה אשר לא צוה אותם משה ביום הזה, because they gave decisions on religious .saw, and shouted, and fell on their faces שאעפ”י שבשאר ימים כת’ ונתנו בני אהרן ,matters in the presence of their teacher Vayikra 9:23-24 הכהן אש על המזבח, היום לא ציוה ולא רצה Moses. Rabbi Ishmael said: they died As detailed in chapter 9, the ultimate משה שיביאו אש של הדיוט, לפי שהיו מצפים because they entered the Sanctuary climax of the eight-day dedication לירידת אש גבוה, ולא טוב היום להביא אש intoxicated by wine. You may know that ceremony of the Mishkan was the זרה, כדי להתקדש שם שמים שידעו הכל כי this is so, because after their death he planned revelation of Hashem’s אש בא מן השמים, כמו שאמר אליהו ואש admonished those who survived that Shechinah on yom hashemini. After לא תשימו, לפי שהיה רוצה לקדש שם שמים they should not enter when intoxicated Moshe and Aharon exited the Ohel בירידת האש של מעלה: by wine. A parable! It may be compared to a king who had a bosom friend, etc., as Now Aaron’s sons Nadab and Abihu Moed and blessed the nation, the is to be found in Leviticus Rabbah 12:1. each took — before the fire went out Heavenly fire descended for Bnei Rashi, Vayikra 10:2 from before G-d, they each took their Yisrael to witness. We can assume that According to Rabbi Eliezer, we learn firepan to offer incense … and they this fire is the manifestation of the that Nadav and Avihu were seemingly brought a foreign fire that Moshe did Shechinah in front of the nation. Bnei disrespectful of Moshe, presenting not command them to bring that day. Yisrael cry out and fall on their faces, halachic rulings in Moshe’s presence, Even though on the other days, it states clearly awestruck by this revelatory where deference was mandated. that the sons of Aaron brought a fire moment. According to Rabbi Yishmael, we on the altar, on this day, Moshe did not Armed with this necessary learn a new facet of the story not command [this] and Moshe did not understanding of the events of yom explicitly present in the text; in fact, want a human to bring the fire because hashemini, we can now thoroughly Nadav and Avihu were intoxicated at they were waiting for a heavenly fire to appreciate Rashbam’s interpretation the time they brought their fire pan descend. Today was not a good day to of Nadav and Avihu’s action. offerings. This midrashic explanation bring a foreign fire because [the goal of According to Rashbam, Nadav and is rooted in the juxtaposition of the the heavenly fire] was to sanctify the Avihu erred and brought their fire Nadav and Avihu narrative with the name of Heaven by everyone knowing prior to Hashem’s Heavenly fire on laws detailing the prohibition to enter that the fire came from Heaven … yom hashemini. This interpretation of the mikdash while intoxicated, which Rashbam, Vayikra 10:1-3 Rashbam takes a more forgiving view follows their punishment in the very Rashbam explains that the sin of of Nadav and Avihu, as he explains same chapter. Nadav and Avihu lies in the timing of that their action would seemingly have

11 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 been appropriate on any other day. Avihu’s action, Rav Shimshon Rafael from the various phrases in the pasuk, The instructions for the dedication Hirsch points to an inherent character these other sins were ancillary to the ceremony of the Mishkan were flaw as the underlying cause. Rav brothers’ true miscalculation. It is the outlined quite clearly for Moshe Hirsch draws upon the general theme asher lo tzivah otam characterization of and Aharon. At no point was there a of arrogance, as represented in many their actions that is the key aspect of commandment for Nadav and Avihu, of the midrashim. He examines each their sin. As Rav Hirsch elucidates, by or any of the kohanim, to bring an aish phrase in our pasuk and demonstrates virtue of the fact that this action was shel hedyot, an ordinary, manmade how every fragment of the pasuk unbidden, it renders it forbidden: fire. There was only supposed to reflects wrongdoing. For example, Now we understand the deaths of be the miraculous fire from the “ ” indicates that Nadav bnei Aharon Aharon’s sons. Their death at the time of Heavens, seemingly a sign of Divine and Avihu considered themselves the first dedication of the Sanctuary is a acceptance of the of above seeking advice because of korbanot yom warning to all future kohanim. It bars all hashemini. By preempting Hashem’s their pedigree, yet they should arbitrariness, all personal caprice, from fire, Nadav and Avihu detracted have consulted their worthy and the precincts of the Sanctuary, whose from a moment whose sole purpose knowledgeable father. “ ” Ish Machtato whole purpose is to be a Sanctuary was to be mekadesh shem Shamayim, reflects how the two brothers were for the Torah! In , the priest’s sanctifying G-d’s name. The miracle not even united in their ; instead, cheit function is not to introduce innovation of a fire descending straight from the each one took his fire pan individually, in the Service, but to carry out God’s Heavens in front of Bnei Yisrael was lacking solidarity even in sin. command. diminished. Therefore, Rashbam Rav Hirsch, Parshat Shemini understands that at its most basic To a degree, the level, the sin of Nadav and Avihu As Rav Hirsch states, the function was rooted in the timing of their fire idolater is a religious of the kohen is to be an executor of offering. innovator; when he Hashem’s commands. There is no room at all for creativity or nuance. It is of note that, according to approaches his god, the There are no opportunities for Rashbam, the sequence of events is impulsive additions or improvisations seemingly out of order; the story in the worshiper independently in the Mishkan. Even if their desire very beginning of chapter 10 actually determines in what was to serve Hashem, Nadav and transpired in chapter 9. Perhaps Avihu deviated from the prescribed Rashbam believes that the Torah manner and with what method of service in devising their records the events in the sequence tools he will serve. own type of korban. that it does in order to actually present the moment of the gilui Shechinah In contradistinction, a In this regard, Rav Hirsch draws a (Divine revelation) as it should have Jew seeks to demonstrate sharp contrast between the offering been, without any minimizations of a pagan and between the offering or detractions. Thekiddush shem his subservience to the of a Jew. When an idolater brings his Shamayim appears for Bnei Yisrael will of Hakadosh Baruch sacrifice, he seeks to subjugate his in the Torah, in all its glory, as it was god to his own will. The offering is an intended to be. Hu, setting aside his appeal to the gods to satisfy the desire personal predilections, of the person offering the sacrifice. The Explanation of Rav To a degree, the idolater is a religious Shamshon Rafael Hirsch his self-interests and innovator; when he approaches his deepest desires. god, the worshiper independently Rav Shamshon Rafael Hirsch also determines in what manner and with sets out to explain the exact nature of Above all, Rav Hirsch stresses the what tools he will serve. the sin of Nadav and Avihu. Whereas significance of the phrase asher“ lo In contradistinction, a Jew brings a Rashbam sees an error, albeit a tragic tzivah otam.” While we can infer korban with the intention of placing miscalculation, within Nadav and errors on the part of Nadav and Avihu himself in the service of Hashem.

12 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Themakriv seeks to demonstrate his nevertheless the principal exists for him it is certainly true that the array of subservience to the will of Hakadosh for the World-to-Come, and they are: options within avodat Hashem may Baruch Hu, setting aside his personal Honoring one’s father and mother, acts be limited and not open to unfettered predilections, his self-interests and of kindness, attendance at the house of innovation, nevertheless, there are deepest desires, embracing the will of study morning and evening, hospitality a variety of ways to serve Hashem. Hashem and engaging in service in the to guests, visiting the sick, providing for Judaism allows for some level of self- manner prescribed by his Creator. a bride, escorting the dead, absorption in expression, provided that it remains prayer, bringing peace between a person within the context of our treasured The Broader Message and another, and is equal to mesorah. all of them. Regarding Innovation in the As we celebrate zman matan Torateinu, In this , we are exposed to a Service of Hashem we take pride in our staunch wide array of avenues through which belief that the Torah ultimately we enjoy success in this material Moving past the narrower discussion prescribes the method by which we world, as well as meriting an eternal of the Torah’s account of Nadav approach and serve the Borei Olam. share in ; the paths and Avihu, a larger question arises: Olam Haba We categorically reject religious range from honoring our parents, if kohanim are mandated to follow subjectivity and unbridled creativity to Torah study in the beit midrash, G-d’s command with no innovation, that would allow the individual to careful introspection in . we must ask — is this the broader tefilah to choose any and all methods of The mishnah acknowledges that the message of the Torah? Is that our religious worship. The story of Nadav Torah is comprised of multiple core collective mandate? Is the individual and Avihu demonstrates the dangers values through which we can serve who seeks kirvat Elokim presented of serving outside of the framework Hakadosh Baruch Hu. While on one with only one singular method by of Hashem’s instructions. At the same day we may achieve spiritual growth which he can serve Hashem? time, the Torah embraces various through visiting the sick, on a different To a large degree, the answer is forms of serving Hashem, from occasion we find ourselves rewarded obviously “yes.” Any elementary comforting a mourner, to arising early for being immersed in Torah study. student of the Torah and the halachic for tefilat shacharit, to hava’at shalom system is immediately confronted What emerges from this observation bein adam l’chaveiro, simply bringing with a legal code, which seemingly is that the Torah’s attitude toward peace between two individuals. The does not present various alternative innovation is more nuanced than earnest person who approaches avenues for the oved Hashem. At we may have originally surmised. Hakadosh Baruch Hu through acts of first glance, we might conclude that After studying the account of Nadav limud haTorah, gemilut chasadim, and there is no room for individual self- and Avihu’s sin and the lessons of kavanah in tefilah, is promised to enjoy expression or innovation in the Torah. Rav Hirsch, we might have jumped the fruits of his labors in this world to the conclusion that there is no and the next. In considering this question, it latitude whatsoever for individuality behooves us to highlight a passage As we enter Chag HaShavuot in our service of Hashem. If Nadav that we recite in tefilah every morning, and reenact matan Torah, may we and Avihu were punished so swiftly, following Birchot HaTorah, from a wholeheartedly accept ol malchut perhaps there was no flexibility for mishnah in Masechet Peah. Shamayim, thereby achieving lasting them to choose how and in what closeness to Hakadosh Baruch Hu. manner they would attain closeness to אֵ לּו דְבָרִ ים שֶאָדָ ם אוכֵ ל פֵרותֵיהֶ ם בָעולָ ם .Hashem הַ ֶהז וְהַּקֶרֶ ן קַ יֶמֶ ת לו לָעולָ ם הַ בָא. וְ אֵ לּו הֵ ן. ִכבּוד אָ בוָאֵ ם. ּוגְמִילּות חֲסָדִ ים. וְ הַ ְשכָמַ ת ֵ בית We live in a world where innovation הַ מִדְ רָ ש. שַחֲרִ ית וְעַרְ בִית. וְהַכְ נָסַת אורְ חִ ים. is all around us. New technologies, ּובִּקּור חולִים. וְהַכְ נָסַ ת ַכלָה. ּולְוָיַת הַ ֵ מת. וְ עִ יּון new ideas and new perspectives are תפילה. וַהֲבָאַ ת ָ שלום בֵין םאָדָ לַחֲבֵ רו. וְתַ לְ מּוד introduced regularly and we are being תורָ ה ְ כנֶגֶד ֻכ ָ לם: pressured to provide some innvoation These are the precepts whose fruits to Judaism. In the final analysis, while a person enjoys in this world, and

13 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 21st Century Rabbi Zvi Sobolofsky Challenges: Rosh Yeshiva, RIETS and Rabbi, Congregation Ohr HaTorah, Bergenfield, NJ Rabbi Sobolofsky studied at Yeshivat Kerem B’Yavneh and Yeshiva University and received semikha from RIETS and Home Automation earned a Master’s degree from the Azrieli Graduate School of Jewish Education and Administration. He was a fellow of the Gruss Kollel Elyon and then went on to teach in YU’s Stone Beis Medrash Program before being appointed as a Rosh Yeshiva. He is the author of Reishis Koach on Maseches Bechoros and The Laws and Concepts of Niddah. He also lectures at the Bergen County Beis Medrash Program (BCBM) housed at Congregation Bnai Yeshurun in Teaneck, NJ. Compiled by Elly Deutsch

ELECTRICITY AND SHABBOS: PAST, PRESENT AND FUTURE

he Torah (Shemos 35:3) Past began using lightbulbs instead. Does teaches us “loh siva’aru aish the prohibition of “loh siva’aru aish” b’chol moshevosaychem b’yom What did the prohibition in this verse include such innovations as well? If THaShabbos” — a flame shall not refer to in the past, at the time of an electric light is the equivalent of burn in your midst on Shabbos. We Matan Torah? In ancient times, fire aish in the Torah, then turning on an cannot kindle a flame on Shabbos. was created by rubbing two sticks or electric light on Shabbos would be a This prohibition, based on a stones together. Chazal (Pesachim violation of the melacha of hav’arah. commandment from Hashem many 54a) tell us that this is how the first fire If, however, an electric light is not the years ago, has ramifications today and was created by Adam HaRishon. The equivalent of aish, then perhaps it is will continue to be relevant in the basic notion of “aish” was the lighting permissible to turn on such lights on future. Hashem transcends all time of a flame, whether its source of fuel Shabbos. and therefore, when He uttered these is oil, wood or something else. To In order to determine whether words to Klal Yisroel, it included start such a flame or to add to such a electric lights constitute the Torah’s everything from the sticks and stones flame on Shabbos is an outright Torah definition ofaish , we have to go of the days of Matan Torah, to the prohibition. The question as to what back to the basics and figure out lightbulbs of Thomas Edison, to exactly constitutes aish became more the defining aspects ofaish . What whatever new inventions the future complicated when people stopped is it about “loh siva’aru aish” that is has in store for us. lighting their homes with candles and

14 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 prohibited? We can understand this as such, turning on a fluorescent bulb then action B occurs as a result? in one of two ways. It could be that might also constitute a melacha on the There is amachlokes haTanoim aish is anything that gives off light or level of D’Oraisa. (Shabbos 133a) between Rebbe provides heat. Alternatively, it could Yehuda and Rebbe Shimon that is a Regardless of whether lighting the be that another crucial element of running theme throughout Maseches particular light constitutes aish, it is is that there is something that’s in regard to a aish nevertheless prohibited to turn on Shabbos davar she’ayno being visibly consumed by the fire. Is . A any electric device, including lights. miskavein davar she’ayno miskavein this second dimension of fire, that the is when a person performs action According to the Chazon Ish (O.C. fuel is being consumed, an integral A which is permissible, but which 50:9), completing an electric circuit aspect of or not? The practical then unintentionally results in B, aish violates the Torah prohibition of difference is whether turning on an which is prohibited. The classic boneh, while many other poskim electric light violates the example of melacha assume that the violation is only davar she’ayno miskavein of . When you turn on a is dragging a bench on the ground hav’arah rabbinic in nature. According to light, there is nothing being visibly outside. Assuming that there is an these poskim, turning on a light consumed, so if consumption is an , there would not be an inherent that contains glowing hot metal is a eiruv essential component of aish, we could problem with dragging the bench. Torah prohibition (hav’arah), while theoretically argue that an electric However, when a person drags the turning on other devices is a rabbinic light does not constitute . bench, it is possible that he could also aish prohibition. This is an important dig a hole in the ground. Digging a To address this question, Chazal distinction that is relevant for the next hole is a violation of the of (Shabbos 42a) describe a piece section. melacha of metal that is so hot that it is choresh (plowing). If the person who is dragging the bench knows of the glowing. The glowing hot metal is Present possibility of the hole being made, not consumed, and yet according to but does not intend to make a hole, many of the Rishonim is considered Over the last few decades we have then that is called a davar she’ayno to be aish. Indeed, this is the opinion faced another layer of complexity. In miskavein. According to Rebbe that we follow as a matter of halacha earlier times, if someone wanted to Yehuda, a davar sh’ayno miskavein is (Rambam, Hilchos Shabbos 12:1 something done, a physical action prohibited, but Rebbe Shimon argues and Avnei Nezer, O.C. 229). This was necessary in order to get the that it is permissible. We follow Rebbe is the closest example in Chazal to desired result. For example, if a person Shimon’s opinion and therefore, it the modern incandescent lightbulb, wanted to light a fire or turn on a would be absolutely permissible to which involves lighting a filament light, that person actually had to strike drag the bench. that is a glowing piece of metal. As a match or flip a switch. However, such, the fact that the metal is not with the rising popularity of motion The Gemara Shabbos( 103a) quotes being consumed is irrelevant, and this sensors, a person can turn on a light Abayei and Rava who qualify this and constitutes aish on a level of D’Oraisa. without taking any physical action. A say that a davar she’ayno miskavein is In terms of halacha, when electric person can walk near a sensor, which only permissible if the person is not lights were invented, there was a clear automatically turns on the light. Is certain that B is going to happen. If, consensus view among the Gedolim this passive action also included in however, the person knows that B is in that it is an absolute Torah the prohibition of “loh siva’aru aish,” going to happen or, according to some prohibition to turn on an electric light or is this something else? Moreover, opinions, even if he is fairly certain on Shabbos. This question became a when a person walks past a sensor, that it’s going to happen, then Rebbe little more complicated as the years he may not even want to turn on the Shimon agrees that it is prohibited. went on because fluorescent bulbs and light. Does the intention to achieve a This is known asp’sik reisha. LED lights don’t have a metal filament particular result make a difference? The Gemara then expands on this by in them to provide light. Many This is a general question when it trying to determine when something fluorescent bulbs do use heated metal comes to Hilchos Shabbos: What is really considered a p’sik reisha. If as part of their starter mechanism and happens if I perform action A and you do A and you know that B is

15 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 going to happen and are content with There are a number of different an action. Tosfos (ad. loc. s.v. Rav outcome B, then that’s called a p’sik opinions regarding this type of a Yochanan) explain that if moving the reisha d’nicha lei. In this situation, situation. lips results in an action happening, it is as if you performed action B then that’s called an action in halacha intentionally. But what if it’s a p’sik Future and therefore, if a person screamed reisha d’lo nicha lei — it is unintended in order to prevent his animal from and unavoidable, but you don’t really Motion sensing devices are fairly eating while working in the field, he care about the result? ubiquitous in contemporary society would be culpable. This is the subject of a dispute among and questions surrounding p’sik It would seem that we could apply the Rishonim. TheSefer HaAruch (s.v. reisha are asked regularly, with new what we learn from this case to Savar no. 5) says that a p’sik reisha permutations as new technologies turning on lights by way of speech. If d’lo nicha lei is permissible. However, emerge. Thep’sik reisha questions a person speaks and the moving of the many of the Rishonim, including relate to the relationship between lips results in the lights turning on, Tosfos (Shabbos 103a s.v. Lo Tzricha), our actions and their unintended then we could argue that it is called disagree with him and say that a results. Yet there is a new category an action and would be prohibited on p’sik reisha d’lo nicha lei is not totally of technology emerging that causes Shabbos. permissible, and is prohibited on a us to question what is considered an “action.” Voice recognition devices There are other issues involved in rabbinic level. As a matter of halacha, turning on lights via speech, such we generally follow the view of Tosfos. such as Amazon’s “Alexa” allow us to turn lights on by simply saying the prohibition of “daber davar.” The How does this play out in terms of “turn on the lights.” The popularity verse in Yeshaya (58:13) says that we walking past a sensor on Shabbos? of this technology is growing. If our are not allowed to speak about doing When a person walks past a sensor interactions with electricity in the melacha on Shabbos. This is one of knowing that it is there, and it turns future will be with our voices, it is the reasons why it is prohibited to on a light, that is a p’sik reisha. The important to explore what halacha ask a non-Jew to perform melacha on question is whether the person cares says about this. Does speaking Shabbos. As such, speaking about that the light was turned on or not. constitute an action that is prohibited turning on lights would seem to be If he turned on the light in a dark on Shabbos? another issue that applies here. place, then he is probably content The words loh“ siva’aru aish b’chol with the light turning on, and so it’s The Gemara inBava Metzia (90b) moshevosaychem b’yom HaShabbos” considered a p’sik reisha d’nicha lei talks about the prohibition against muzzling an animal to prevent it from were given to us at Har Sinai and they and is prohibited. But if the light was still apply today. On January 1, 2000, turned on in a place that is not so eating while it is working (Devarim The New York Times published an dark, and the person did not really 25:4). What is the halacha if you edition of what they thought The New care to have the light on, then it’s don’t physically muzzle the animal, York Times would look like on January considered a p’sik reisha d’lo nicha lei. but “muzzle” it in that whenever it is about to eat, you scream in order to 1, 2100 and on the bottom of the front This is still problematic. However, page, there was a reminder for Jewish there is a machlokes haRishonim frighten it and thereby prevent it from eating? We follow the opinion of Rav women to light Shabbos candles. They regarding a p’sik reisha d’lo nicha lei, in knew that in the future, Jewish women which the unintended result is itself Yochanan who says that one would receive lashes for doing such a thing. would still be lighting Shabbos only a rabbinic violation. If the light candles on Fridays. The reason there that turns on is an incandescent bulb To be culpable for malkos (lashes), one must perform a lav she’yaish is a specific mitzvah to light Shabbos or a halogen bulb, this machlokes is not candles is because we can’t light relevant and it would be prohibited. ma’aseh — a physical action. Chazal candles on Shabbos. The words loh“ But if the light is an LED light, and say that the action in this case is the siva’aru aish” are as true today as they the unintended result is only rabbinic moving of the lips. This is a tricky statement, because we know that in were in the days of Moshe Rabbeinu, in nature, then there would be more and will be true in the future as well. room to be lenient in such a case. other areas of halacha this is not true. Sometimes speaking is not considered

16 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 21st Century Rabbi Mois Navon Challenges: Rabbi Mois Navon designed the Mobileye System-On-a-Chip - the “brain” enabling Autonomous autonomous vehicles. He also gives a weekly Torah U’Madda at the College of Technology. This essay is a synopsis of one of those shiurim. Vehicles

ETHICAL DILEMMAS ON THE ROAD TO REDEMPTION

To fix the world in the name of God the way we live. Here is a short list of the multi-use of a single car. Some just some of the areas that are going to estimate that by 2035, there will be ur world is about to change. be revolutionized: 80% fewer cars in the world. Dramatically. Computing Transportation: People will no Commute Time: Since all cars will technologies, with artificial longer need to have their own cars, know exactly where all other cars are Ointelligence at their core, are since robo-taxis will be ubiquitous and will be able to respond to changes revolutionizing our world. Leading and inexpensive. Furthermore, classes immediately, cars will be able to travel the charge to this brave new world are of people who were less mobile will at speeds unimaginable for human autonomous vehicles, or “self-driving now be able to get around like the rest drivers limited by human reaction cars.” They have been called the most of humanity — e.g., the elderly, the times. disruptive technology to ever hit seeing impaired and children. Real Estate: As a result of faster humanity. Autonomous vehicles are Traffic and Pollution: There will transportation (less traffic, higher not just going to change the way we be far fewer cars on the road due to travel speeds), people will be able to commute — they are going change

17 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 live farther from city centers. City computer-driven cars will operate utilitarians; those who make their centers will also be transformed since at consistent and optimal speeds, decision based on rules — in this case robo-cars will not need to park in avoiding the inefficiencies of human “though shalt not murder” — and are the city center, where real estate is at drivers. And on top of this, trucks will known as deontologists (deon being a premium. Massive parking lots in be able to “freight-train” themselves Greek for duty). buildings will now be available for one to the other to reduce wind drag. While the utilitarian approach is apartments, offices, stores, etc. The While all these changes, as well appealing, for saving as many people sprawling parking lots not in buildings many others, will vastly improve our as possible always seems like a good will be freed up for other uses, such as world, there will also be challenges. thing, we enter murky territory when parks. For example, there is a significant we begin to attach names or titles to Accidents: The World Health social question: What will happen the people on the track. For example, Organization reports that over 3,400 to all the people whose livelihoods what if the single man is the head of people die in traffic accidents every are dependent on driving — i.e., state — should he take precedence day, and that between 54,000 to drivers, truck stop owners, etc.? This over five ordinary citizens? Before 136,000 people are injured daily on is an issue that governments and big tackling this problem, let’s look at the world’s roads. These numbers will business will have to address to soften a “simpler” version of the problem, approach zero when only computers the transition to the autonomous known as the Tunnel Dilemma. Here are driving. culture. In addition to the societal a driver approaching a single-lane issues raised by autonomous tunnel sees a pedestrian in the road. Insurance: As result of the negligible accident rate, car insurance will also vehicles, there are ethical issues that The driver does not have time to brake approach zero. demand consideration. Perhaps the and is left only with the choice of most talked about is: How should running over the pedestrian or killing Car Body Parts: This now one- autonomous vehicles be programmed himself by driving into a wall. trillion-dollar industry is also going to if they encounter the infamous Trolley In pitting one individual against virtually vanish due to the extremely Dilemma? low accident rate. another, we have removed the quantitative element from the Traffic Tickets: With cars dilemma, thus allowing us to focus programmed to obey traffic laws, on the qualitative aspect — i.e., the traffic tickets will become a thing of value of the individual. Regarding the past. Municipalities that depended such an evaluation, the Mishna on this revenue may have to seek The Trolley Dilemma, formulated (Ohalot 7:6) teaches that man does it elsewhere (e.g., toll roads). On as an ethical thought experiment in not have the wherewithal to judge the other hand, the World Health 1967, describes a trolley hurtling between individuals, and so: “one life Organization estimates that road down its track upon which five men is not set aside for another.” While accidents cost countries 3% of their are tied. A bystander watching can most people are quite comfortable GDP — this will now be a boon to throw a track switch that will divert with this egalitarian stance, they get governments that should offset any the trolley from its current track to a apprehensive when, as in the Tunnel lost penal income. parallel track thus saving the five. The Dilemma, the question gets personal. dilemma arises when the bystander That is, if the choice is running over a Price of Goods : A significant realizes that on the parallel track is component of the goods we buy are stranger or sacrificing your own life, tied a single man. What is the right what do you do? due to the costs of delivering them. thing for the bystander to do? With robo-trucks, goods will be The Talmud Pes( . 25b) formulates delivered faster and cheaper than This question has divided respondents this dilemma as follows: The governor by drivers limited to eleven hours of into two camps: of a city said, “Go and kill Ploni or driving per day. Furthermore, it is Those who look at the “utility” of you will be killed.” What do you do? estimated that energy consumption the outcome — in this case, saving The Talmud responds that one must will be greatly reduced, since more people — and are known as give his own life rather than commit

18 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 murder, for, “in what way do you namely, that one is not required to curve, this would be considered active see that your blood is redder than save his friend at the expense of his killing and the driver would have to his? Perhaps his blood is redder?” own life. R. Babad claims this is also give his own life (passively driving the Egalitarianism, then, applies even the position of the Rambam. These car straight) to avoid running over the when it gets personal. assumptions, however, are roundly pedestrian. rejected by R. Haim of Brisk ( That being said, the Tosafot San( . Hidushei The above scenarios were originally , , Ch. 74b, ve’ha) note that self-sacrifice is R. Haim Hil. Yesodei HaTorah discussed in a soon-to-be-published 5). First, R. Akiva did not here demanded only when one will actively book in Hebrew: “Halachic, Ethical allow for passive killing but simply murder another. However, they and Governmental Challenges in the removed the obligation to actively explain, if the governor said, “allow Development of the Autonomous save a life at the expense of one’s own me to throw you unto a baby such Vehicle” (Editor: R. Y. Sprung, Kollel life. Second, while the Tosafot argue that you will end up crushing him to R. Asher Weiss). There, the authors that since all people are equal, one death,” one would not be demanded also note an important mitigating can simply remain passive ( to sacrifice one’s own life, “for one did shev v’al factor: the legality of the pedestrian. ) in effecting the other’s death, not do an action.” taseh That is, if the pedestrian is not legally the Rambam uses the same argument permitted to be in the street, for This brings us to another Talmudic to come the opposite conclusion. whatever reason, he then has no right scenario (Baba Metzia 62a) that pits That is, precisely because all people to cause another person (i.e., the one individual’s life against another: are equal there is no justification to driver) to give his life and thus all set aside one life for another ( ain ba would agree that the driver need not שנים שהיו מהלכין בדרך וביד אחד מהן קיתון ) and, as such, there is no .din dehiyah sacrifice his own life של מים אם שותין שניהם מתים ואם שותה difference between actively killing or אחד מהן מגיע לישוב דרש בן פטורא מוטב passively killing — in all cases one Having gained a better understanding שישתו שניהם וימותו ואל יראה אחד מהם must sacrifice oneself. That being said, of the value of the individual via the במיתתו של חבירו עד שבא רבי עקיבא ולימד ,one is not obligated to actively kill “one against one” Tunnel Dilemma וחי אחיך עמך חייך קודמים לחיי חבירך. let us now approach the “one against Two people are walking in the desert and himself (i.e., commit suicide) to avoid many” Trolley Dilemma. The primary only one of them has a canteen of water. passively killing someone else. source for this discussion is the If both drink, they will [both] die, but if With these sources in mind we can Jerusalem Talmud (Terumot 8:4): only one drinks, he can reach civilization. now return to the Tunnel Dilemma, סיעות בני אדם שהיו מהלכין בדרך פגעו להם Ben Petora taught: It is better that both which has two sub-cases to be גוים ואמרו תנו לנו אחד מכם ונהרוג אותו .should drink and die, rather than that considered: (1) passive and (2) active ואם לאו הרי אנו הורגים את כולכם אפילו one should behold his companion’s death. (1) If the street is perfectly straight כולם נהרגים לא ימסרו נפש אחת מישראל. And so it was] until R. Akiva came and and the driver is holding the steering] taught: “that your brother may live with wheel straight, this is considered A group of people were traveling, and you” [means] your life takes precedence passive killing and the driver would marauders chanced upon them saying, over his life. not be obligated to actively take his “Hand over one of your group or we will R. Yosef Babad (Minhat Hinuch, 295- own life. (2) If, on the other hand, the kill you all.” Even if all will be killed, they 296, #1) writes that R. Akiva’s position street is curved such that the driver may not hand over one soul. reflects the conclusion of the Tosafot, must actively turn the wheel into the This source unequivocally rejects utilitarianism, which leads to uncomfortable implications when applied to a driver on the road confronted with the Trolley Dilemma. In grappling with this issue, the Hazon Ish (San. 25) says that utilitarianism could possibly be applied if we could frame the dilemma as “saving” people as opposed to “killing” people.

19 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 In the end, he himself remains not have the wherewithal to estimate his computer, was he facing a decision unconvinced that it is possible to the infinite value of the individual to kill five versus one? Could we reframe the Trolley Dilemma and against the infinite value of many not say that the modus opernadi of thus concludes that the issue needs individuals” (Mishpat Cohen 143). the programmer of an autonomous more investigation ( ). R. tzarich iyun Before we jump to conclusions and vehicle, in all scenarios, is to save lives? Asher Weiss ( , Pes. 28) Minhat Asher apply the above understanding to Could we not say that even in this discusses the Hazon Ish’s proposal the programming of the autonomous extreme Trolley Dilemma case the and, noting that there can be no vehicle, we must ask if there is not modus operandi remains to save lives justification for killing an individual, some difference between a human and thus he is facing a decision to save concludes that the issue needs more driver and a computerized driver. five versussave one? Could we not say investigation ( ). Finally, tzarich iyun Initially most would be inclined to say that this is the legitimate reframing of the (15:70) rejects Tzitz Eliezer that there is certainly no difference. the dilemma that the Hazon Ish was outright the Hazon Ish’s suggestion However, if we take a step back, as looking for? and, referring explicitly to a car driver did the rabbis who wrote the above- The final word on this issue is still caught in the Trolley Dilemma, states mentioned “Halachic, Ethical and being debated and much is left to be that “in a case of definite killing we Governmental Challenges in the said. However, without diminishing … do not say that the many are Development of the Autonomous the importance of arriving at a preferred.” Vehicle,” we will notice an important decision on how to ethically program The weight of halachic opinion, then, difference between the two cases. autonomous vehicles, two points must is clearly deontological, demanding In the case of a human driver, the be stressed. One, the occurrences that one drive straight over the many person is faced with the life and death of the Trolley Dilemma, the Tunnel to avoid actively killing even only one decision to either passively run over, Dilemma or other ethical dilemmas person. While this may be hard for us say, five people in his current lane, or will, in reality, be few and far between. to swallow, perhaps it helps to know actively switch lanes and run over, say, Two, the autonomous vehicle will that underpinning this deontological a single person. On the other hand, in undoubtedly save millions of lives, approach is the inviolable and the case of the autonomous vehicle, improve the quality of life, and serve, inestimable value of the individual. there is no driver, there is a program along with all the other phenomenal Indeed, attributing infinite value to the that is being executed according advances in artificial intelligence, to fix individual is one of the great gifts that to some predetermined code. That the world and set the stage for the very Jewish thought brought to a pagan code was written, days, months, redemption of creation. world that was literally sacrificing or, in all likelihood, years before it On that day He and His name will be individuals for the sake of the many. encountered this Trolley Dilemma. one. And so Rav Kook explains, “We do When the programmer sat in front of

Were you Koveah time to learn today? Daily Learning What you want, when you want, at the pace you want

Visit www.koveah.org to start adding more learning to your day!

20 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 21st Century Rabbi Edward Reichman MD Challenges: and Shmuel Reichman Medicine Rabbi Edward Reichman, MD is a Professor of Emergency Medicine at Einstein College of Medicine and received his from RIETS. He writes and lectures widely in the field of Jewish medical ethics. Shmuel Reichman is a semikhah candidate at RIETS and is pursuing an interdisciplinary master’s degree in Jewish Philosophy and Jewish Education at Revel and Azrieli.

THE DEFINITION OF MATERNITY REVISITED AND THE DOUBLE HELIX (SPIRAL) OF TORAH AND MADDA

e all experience life, and first understand the nature of time our lives in the present. If we move all the chagim, through itself. backward on the line of time, and the medium of time. The most widely accepted peer into our history, we can find EventsW that happened yesterday, are Avraham Avinu at the Akeida, Moshe understanding of time is that it currently happening today, and will moves in a straight line. Hashem Rabbeinu accepting the Torah, and most probably continue happening created our world of space and time, the Rambam writing the Mishneh tomorrow. Every holiday we and since its inception, time has Torah. However, there is a major experience represents a unique point been moving inexorably forward. problem with this theory. There is in time. But to truly tap into the The line of time creates the past, a piyut in the Haggadah (UV’chen holiday experience, and to appreciate present and future. We all experience Va’amartem) that says that Avraham the nature of innovation, we must Avinu served matzah to the three

We would like to dedicate this article l’zecher nishmas our dear respective parents and grandparents, Rav Baruch ben Yitzchak Isaac and Raizal Shoshana bas Aharon Yosef, zichronam livrachah. We hope that these divrei Torah will be an aliyas neshamah for them.

21 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 malachim because it was Pesach. However, even the circle analogy is As we continually rise in our Rashi agreed, and writes that Lot limiting. Time is not a recreation and spiritual world, so too do we rise did the same for the malachim who repetition of the past. We don’t want in the material world. Each year as visited Sodom (Bereishis 19:3). How to re-experience the past every year. we read the phrase, “U-milu ha’aretz can this be? The mitzvah of matzah Returning to the same point on the vi-chivshuhah” (Bereishis 1:28), we originates from yetzias Mitzrayim, circle would be pointless. Instead, rededicate ourselves to conquering and this would not occur for another every single year, when we return to and harnessing the powers of the few centuries. a point on the circle, our goal is to natural world for the good of man. The answer requires us to develop an expand upon what we created last Each year’s “vi-chivshuhah” surpasses even deeper understanding of time. year. Each Rosh Hashana should be that of the previous year. In the same Time doesn’t move in a straight line, a new Rosh Hashana; each Pesach, way, fields of science, medicine and but rather, in circles. As the Ramchal a new Pesach; each Shavuos, a new technology evolve with the passage of explains, Hashem created time to Shavuos. We must convert the time, building on previous discoveries. two-dimensional circle into a three- move in thematic circles, where each It is perhaps no coincidence that the dimensional . We maintain point in the year represents certain spiral very building blocks of the human the circularity while allowing for unique spiritual energies. Rosh being, the DNA, are helical or spiral ascension. Hashanah, Yom Kippur, Succos, and in structure. Our double helix, if you all the chagim are associated with This theme expresses itself in many will, is the parallel ascension of Torah unique spiritual themes and energies. different areas of our lives. For and madda in tandem. Indeed, Chazal This understanding completely example, each Shavuos, we reaccept (Zohar, Parashas Terumah) teach us transforms our perspective of time. the Torah. This is why, as the Rav that “Kudsha Berich Hu istakel b’oraisa famously explained, there is a ,” Hashem used the Torah We don’t celebrate zman cheiruseinu, minhag u-bara alma the time of our freedom, because the to stand during the Torah reading as a blueprint for the creation of the Jews were redeemed on the 15th of — because we are trying to recreate world, and DNA is the blueprint for Nisan. Rather, the Jews were redeemed the experience of Matan Torah. We the creation of the human being. are not simply trying to experience This notion that Hashem used the on the 15th of Nisan because it was what already occurred, however; Torah to create the physical world zman cheiruseinu. The time of freedom is what allowed them to escape the we are trying to take it one step may hold the key to our ability to slavery of Mitzrayim. This is why further, ascending the spiral, reliving address innovations in medicine from Avraham and Lot were eating matzah the experience anew, on a different a halakhic perspective. spiritual plane. this long before the actual ge’ulah. They Kabalat ha-Torah In connection with the chag of year is on a higher level of the spiral were tapping into the spiritual waves of Shavuos, we will briefly discuss some than last year. So in a real sense, we time, not commemorating a historical innovations relating to one specific are receiving the Torah anew, in a new event. Time is thus a circle, not a area of medical halakhah. Chazal straight line. dimension of time and spiritual energy. explain that on Shavuos, Bnei Yisrael married Hashem; yetzias Mitzrayim was the eirusin, and Matan Torah Each Shavuos, we reaccept the Torah and recreate the was the nesuin (see the introduction to Sefer HaMakneh). Shir Ha’Shirim experience of Matan Torah. We are not simply trying to reflects this love story between Klal experience what already occurred, however; we are trying Yisrael and Hashem. Pru urvu, the to take it one step further, ascending the spiral, reliving mitzvah to procreate, is an essential component of marriage. As we the experience anew, on a different spiritual plane.Kabalat metaphorically marry Hashem ha-Torah this year is on a higher level of the spiral than last on Shavuos, let us briefly explore year. So in a real sense, we are receiving the Torah anew, in a new challenges to the definition of new dimension of time and spiritual energy. maternity in halakhah. Our objective

22 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 is not to provide a comprehensive percentage is found in a small reproductive seed. While no child has halakhic analysis, but rather to raise structure in the fluid of the cell called yet been born through this process, the issues that will require and enable the mitochondria. The mitochondrial scientists have demonstrated proof us to reapply the Torah anew. DNA is transmitted exclusively of concept to be able to cultivate a With modern reproductive through the mother. Mutations in this gamete (reproductive cell) from a technology it is now possible for gene can cause severe and sometimes bone marrow stem cell. It would be one woman to provide the genetic fatal disease. It is now possible for a possible for both men and women to contribution, the seed/DNA, and woman possessing defective DNA each produce either eggs or sperm. A another to provide the nurturing in her mitochondria to produce a man could therefore produce an egg environment required for the healthy child through the process of cell, which could then be fertilized growth or expression of the seed mitochondrial transfer. Through this with natural male reproductive seed. (i.e., gestation). Which one of these process an egg is created with the Who would be the halakhic mother women, if either, is considered the woman’s nuclear DNA and the healthy in this case? Neither Chazal, nor any halakhic mother? mitochondrial DNA of a donor. The scientist, has ever conceived of anyone composite egg is then fertilized with other than a woman contributing Moshe Rabbeinu foreshadowed this the seed of the woman’s husband the egg to reproduction. Would a debate in his cry to Hashem, alluding to produce the child, who has three man fulfill the mitzvah ofpru urvu to both conception and gestation as genetic parents. by creating an artificial egg? If a man being identified with maternity: For those authorities who consider were a and contributed genetics the determinant, who artificial male (or female) seed to the הֶאָ נֹכִי הָרִיתִי אֵ ת כָל הָעָם הַ זֶה אִם אָ נֹכִ י would be the halakhic mother in production of a child, would the child יְלִדְתִ יהּוכִ י תֹאמַר אֵ לַישָאֵהּו בְחֵ יקֶ ָך כַאֲשֶ ר ?such a case? Is it possible to have two be considered a mamzer יִשָא הָ אֹמֵן אֶת הַ יֹנֵק עַל הָאֲדָמָה אֲשֶ ר נִשְבַעְתָ genetic mothers? Would we invoke Neither of the two aforementioned לַ אֲ ֹב תָ י ו . Did I conceive all this people, did I bear the principle of rov (majority)? Or advances would present an issue for them, that You should say to me, “Carry is the mitochondrial DNA a davar the authorities who consider the them in your bosom as a nurse carries hama’amid, a substance of too gestational carrier to be the halakhic an infant,” to the land that You have great significance to be nullified. mother. There is, however, another promised on oath to their fathers? Perhaps the paradigm of bitul, or innovation that challenges this Bamidbar 11:12 nullification, simply has no role in the position. To be sure, this debate is not new, determination of maternal status. and surrogate motherhood has What if the mitochondrial donor is The Artificial Womb become commonplace in the not Jewish — does the child need Jewish community. However, new a conversion? Is the conversion Scientists recently successfully innovations force us to revisit the primary, such that if it were a female gestated a goat removed from its issue, requiring the advocates of child she would be precluded from mother’s womb in an artificially the two major halakhic positions to subsequently marrying a kohen? If created womb for eight weeks. The reapply the age-old principles of the the nuclear donor is a Yisrael, but the ultimate conceptual objective of this Torah to even newer circumstances. mitochondrial donor is a daughter of research is to facilitate ectogenesis — the gestation of a fetus completely According to the poskim who consider a Kohen, would the child require a pidyon haben? outside the womb from conception to genetics to be the determinant complete development. Ectogenesis of halakhic maternity, behold the raises a plethora of halakhic issues, Artificial Reproductive Seed following two innovations: including even whether the product enjoys human status. Mitochondrial Transfer Another development that will require a reevaluation of the position Assuming the humanity of the While most of our DNA resides that considers genetics paramount progeny, who would be its halakhic in the nucleus of the cell, a small is the creation of so-called artificial mother? For those who consider

23 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 genetics the determinant of maternity, True, the Torah may the artificial womb bears no impact. Those who consider the gestational not specifically mention or birth mother to be the halakhic artificial wombs, mother, however, may need to rethink their position. In the absence of a mitochondrial DNA, or woman gestating the fetus, would artificial seed, yet, all the maternity default to the genetic donor, or would the fetus simply have no key principles are found halakhic mother? Inanimate objects, within it. By delving into such as test tubes, petri dishes and ziplock bags (artificial wombs), the Torah, and deeply are presumably disqualified from understanding Hashem’s maternal consideration. wisdom, we can apply it to every situation that The approach to the artificial womb by authorities who consider the arises in the modern world. Hafoch ba vi-hafoch ba birth or gestational mother to be the d’chola ba — search in it and search in it because all halakhic mother may depend on their particular analysis. is in it (Avos 5:22). • For those who are in doubt and out of safek (doubt) consider that many wonder how legal halakhic medicine, and technology stems from both mothers to have claim on precedent can be found. the Torah, as the physical world itself maternity, here there is only one is an expression and emanation of the candidate. Perhaps the genetic The solution lies in the notion of principle-based learning. As the Torah and the spiritual world. As we mother should be the sole mentioned above: “Kudsha Berich Hu halakhic mother. Ramchal maintains, true wisdom requires us to always seek the istakel b’oraisa u-bara alma,” Hashem • For those who maintain that key underlying and fundamental looked into the Torah, and used it the sources specifically reflect principles and concepts. All the details to create and form the world. When gestation as the determinant (e.g., and applications stem from these key we understand the deep principles agricultural sources, Yevamot, principles. True, the Torah may not of Torah, we can see them expressed Midrash of Rachel and Leah), specifically mention artificial wombs, within science, medicine, psychology, absent a gestational (or birth) mitochondrial DNA, or artificial seed, mathematics, and all other forms mother, there would perhaps be yet, all the key principles are found of madda. Since all sciences are no halakhic mother. within it. By delving into the Torah, derivatives of the Torah, we can surely find sources from within this As an additional thought experiment, and deeply understanding Hashem’s very Torah to address any attendant if we combine the technologies wisdom, we can apply it to every halakhic issues. Therefore, the and use artificial male and female situation that arises in the modern innovation of the Torah is inextricably reproductive seed to produce a world. Hafoch ba vi-hafoch ba d’chola linked to the innovation of science; fertilized egg, which is then placed in ba — search in it and search in it they are parallel spirals or helices. an artificial womb, all positions would because all is in it (Avos 5:22). be challenged! All would be forced to The question remains, however, why We have the minhag of placing trees apply the Torah anew. is this true? Perhaps Torah principles and other plants in our shuls on Shavuos. Perhaps it would be more Since these innovations could not themselves are not sufficient to appropriate to place seeds. Man is possibly have been anticipated by address these new advances? The compared to the tree (ki ha’adam etz our predecessors, it is precisely in the answer lies in the ultimate source of ha-sadeh). When we view the grown fields of medicine and technology all wisdom. All the wisdom of science, tree, we must remind ourselves of its

24 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 ultimate origins. We must source all Shavuos is also known for its of kabbalat ha-Torah. Not to reaccept expression back to its root, back to its agricultural name, Chag Hakatzir. As what we’ve already accepted, but to seed, back to the DNA. Just like we we harvest the fully ripened produce, take it to the next level in the spiral, are trained to source ourselves back to we must likewise remember that it is the next rung of the double helix. Hashem, we must also train ourselves ultimately sourced back to its DNA, as As the helix of madda continues to to source madda back to its roots in we source ourselves back ultimately to ascend, its complementary helix of Torah. our source, Hashem and His Torah. Torah ascends in consonance, bound This requirement to source back to the This is also integrally related to the together as one. Whatever innovations root may be reflected in an enigmatic process of learning Torah. Whenever are developed in the future, we will continually reaccept the Torah by Mishnah in Avos 3:7. The Mishnah we learn any sugya of Gemara, we says that if a person is learning Torah, invariably begin by looking for a Torah applying its principles to every new stops upon encountering a tree, source. This is not just an intellectual circumstance. and comments “Ma na’eh ilan zeh exercise. It is because everything and — How beautiful is this tree!” he is anything we are learning or thinking Bibliography mischayiv bi’nafsho — liable for his about must find its roots in the Torah, Regarding the notion of the physical world life. The commentaries struggle to for everything in the world stems from as an emanation of the spiritual world, see explain the egregious nature of this that blueprint and foundation. Ramban, Torat ha-Adam, Sha’ar ha-Gemul; seemingly innocuous act. The simple Ramchal, Derech Hashem 2:7. This could likewise be the understanding is that he wasted time philosophical underpinning of the On the ideas on time/spirals, see, for example, from his Torah study. But according maternity debate. Whom do we value Kohelet 3:1; Kohelet Rabbah- Parshah 3; to R’ Shimshon Raphael Hirsch, the Ramchal, Derech Hashem 4:4:11; Rav Dessler, more? The one who provides the deeper understanding is that he failed Michtav mi-Eliyahu, v. 2, Pesach. seed/DNA, or the one who produces to see the beauty of the physical world For a general reference on medical the expression of the seed, the finished as an integral expression of the Torah halakhah, See F. Rosner, trans., A. Steinberg, product? If we view the completed and spiritual world. He stopped his Encyclopedia of Jewish Medical Ethics child without appreciating its origin (Feldheim, 2003). learning, and then admired nature. from DNA, perhaps we would be The ideal is to see the beauty of the On mitochondrial transfer, see, J. D. Bleich, mischayev bi’nafsho. physical as the manifestation and “Mitochondrial DNA Replacement: From one perspective, new medical How Many Mothers?” Tradition 48:4 emanation of the spiritual beauty, and (Winter 2015), 60-84; M. D. Tendler and not as a separate and distinct idea that innovations simply create more J. Loike, “Creating Human Embryos Using requires discontinuing one’s learning. work, questions, and doubts among Reproductive Cloning Technologies,” Journal halakhic Jews and rabbinic authorities. of Halacha and Contemporary Society (Spring We might suggest an alternate This may be misguided. Perhaps we 2014), 37-60; R’ A. Weiss, unpublished interpretation. Perhaps his sin was teshuva on mitochondrial transfer, “Triple can suggest a different perspective. admiring the finished product, the Parent IVF,” available at medicalhalacha.org. Instead of being a problem, every “ ,” without acknowledging the ilan new innovation in the modern world On artificial seed, see S. Raiskin, “Artificial seed/DNA from which it came. Reproductive Seed,” (Hebrew) Assia 81-82 gives us the opportunity for constant Failing to appreciate, acknowledge, (Adar 1, 5768), 69-78. innovation in Torah. It forces us to and source it back to its original seed For a preliminary halakhic analysis of the think in new ways, so that we can is indeed a crime for which one is artificial womb, see, E. Reichman, “Man of truly master the principles of Torah mischayev bi’nafsho. Womb Born: Halakhic Considerations of the in order to apply them to these new Artificial Womb,” in press. circumstances. This is the very essence

Find more shiurim & articles from Rabbi Dr. Edward Reichman at https://www.yutorah.org/Rabbi-Dr-Edward-Reichman/

25 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 21st Century Ms. Elisheva [Ellie] Levi Ellie Levi is a licensed architect in the state of NY. She also serves as the Director of the Challenges: American Friends of Bat Melech, a domestic violence shelter for religious women in Israel. Architecture She is life-long student of Torah and a popular Torah lecturer including many engagements at Yeshiva University’s Midreshet Yom Rishon program.

THE TOWER, THE ZIGGURAT, THE MOUNTAIN AND THE RACE TO REACH THE SKY

rom time immemorial, therefore, plenty of financial incentive 1973, held the record as the tallest architects have engaged in a to rebuild quickly. But land was skyscraper in the world at 110 stories “race to reach the sky.” This race expensive, so maximizing density was (1,450 feet) high for a quarter of the Fis expressed by a desire to erect the key. At the same time, the invention 20th century, until it was bested by a tallest building that can possibly be of fireproof steel and improvements fast string of towers that were built in engineered to withstand the forces of to elevators, air conditioning and the 1990s. The current record holder wind and the movement of the earth. electric lighting combined to make the is the Burj Khalifa in Dubai at over The modern skyscraper was born after modern skyscraper a reality. 160 stories (2,717 feet) high. And the Great Fire of 1871, which now, from Kuala Lumpur to New One of the first skyscrapers was decimated Chicago’s city center. York to Taipei, the race is on to build Chicago’s Home Insurance Building, Connecting the East and West Coasts, ever taller and higher.2 As innovation built in 1885 and stood a proud Chicago was the country’s economic in architecture provides us with ten stories (about 132 feet) high. lynchpin at the time, a thoroughfare unprecedented designs, what Torah Less than a hundred years later, the for vast amounts of goods. There was, values can we apply? Sears Tower1 in Chicago, erected in

26 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Skyscrapers and Towers engineers and real estate developers to group intended merely to live in a dream big. The empty world and vast tower as a safety measure — i.e., As it turns out, architects have been open plains of Shinar was the tabula traumatized by the cataclysmic Mabul, racing to reach the sky for many rasa for the Dor Haflaga. Additionally, they meant to escape another one and thousands of years. Let us turn the clock both generations used improved elected to live well above the reach back to Genesis 11:1-9, which tells the technology to build their skyscraper of the floodplain.9 The second group story of the Dor Haflaga as it engages in construction projects; for the Dor intended the tower as a direct assault a massive building project: the erection Haflagah it was kiln-fired brick.6 on God’s power, using this perch as a of the Migdal Bavel. Their intentions are So why does God disapprove? What, setting for idol worship. And the third described as follows: “Hava nivneh lanu precisely, was the sin for which He group intended the tower to serve as a ir u’migdal, v’rosho ba’shamayim,” come wrecks their building plans, confuses fortress from which to wage war. let us build a city and a tower whose top their language and disperses them For each of these groups, the Gemara will reach the sky.3 as punishment?7 To amplify this assigns a distinct element of the We should note that this situation question, we should note that the punishment measure for measure. parallels our 19th-century industrial Dor Haflagah was distinctly united Those foolish enough to believe that forebears. In this postdiluvian in their actions. The text is written in they could run from the reaches of generation, their world had recently the plural and continuously describes God are cast down and dispersed. been destroyed. Their building project a communal effort. The Gemara in Those foolish enough to misuse their seemed an appropriate and natural Sanhedrin8 and other commentaries tongues and words in service of false response to the situation. In fact, it explain this as an intentional response gods are forcibly mixed up in their seemed even to have fulfilled God’s to the lack of unity or “hamas” language skills. And those whose command to and his sons after (interpreted as corruption, robbery desire was for violent dominance over they survived the Mabul: “u’pharu or violence), which characterized other human beings, especially when v’ravu et ha’aretz” — “multiply and the previous generation that was the world at this tender new beginning fill the earth.”4 This command, in destroyed by the Mabul. How could begs for social unity, are punished by turn, is of course reminiscent of human bonding be despicable being removed from the human family God’s original declaration of our in the eyes of God? Was it not a — i.e., they were sentenced to become first mandate —“p’ru u’rvu u’milu et manifestation of social progress? apes and various non-human spirits.10 ha’aretz v’chivshuha” — “be fruitful The Gemara inSanhedrin goes on However, what really sets off the and multiply and fill the earth and to analyze the sin and punishment commentaries as the crux of this conquer it.”5 The decimated city of the tower undertaking within the generation’s sin is evident in the center of turn-of-the-century Chicago framework of three distinct groups following statement: “v’naaseh lanu was the tabula rasa for builders, whose objectives differed. The first shem,” and we will make for ourselves

Architecture is always a product of teamwork, and as an ideal is a social act: buildings should be for the shelter, welfare and entertainment of people. But it is no secret that great works of architecture also broadcast design and engineering prowess for its own sake and for the sake of its designers. The architect’s struggle between hubris and humility as it turns out, is Biblical.

27 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 a name.11 The entire undertaking burned.14 The lower half where the means of burning bricks was the very of erecting the Migdal Bavel goes warriors set up their fortress sunk into fire that Nimrod thrust Avraham awry because in fact, the intention the ground; and the middle tier which into.19 of its builders was not for the sake of hosted the idol worshippers remained But perhaps this turns out to be the fulfilling a heavenly command, but for standing for all to behold as a mere very reason why the Torah chooses to the sake of self-aggrandizement. shadow of its original grandeur. include this rather odd and tangential As an architect, I find this humorous, We are left with a truncated tower episode describing the Migdal Bavel predictive of what is yet to come — that is a remnant of an aborted plan at all. It formulates the background or what obviously has always been of arrogant and foolhardy men. The for the exceptional story of the Jews, the core of the building project — a message of this morality tale is clear: whose singular identity is about to desire for fame and glory. Architecture No, you cannot reach God nor could be born under the aegis of Avraham, is always a product of teamwork, and you have ever done so. Indeed, the who, alone among his peers, paved as an ideal is a social act:12 first and entire tone of the episode is rather the path for proper Jewish worship as foremost, buildings should be for the satirical.15 One textual manifestation monotheistic.20 It launches our unique shelter, welfare and entertainment of of sarcasm is that when God emerges history: there will be no geographic people. But it is no secret that great to see the tower, the verse reads: center or physical monuments that works of architecture also broadcast “Va’yered Hashem lirot et ha’ir v’et establish our nascent nation. We will design and engineering prowess for ha’migdal,” God comes down to see the neither dig deep nor build high like its own sake and for the sake of its city and the tower.16 Note that even other nations do, but instead our designers. The architect’s struggle before it is destroyed into its one-third story will begin — and continue for between hubris and humility as it reality as the Gemara leaves it, God hundreds of years to come — as a turns out, is Biblical. must descend to see it — so puny must journey of self-discovery, spreading it have stood to begin with! God’s light before we reach our In Sefer Dvarim, when discussing the promised land and can build anything bounty of a farmer’s crop, the Torah physically imposing and permanent.21 anticipates outright this dangerous Towers and Tents human tendency to be arrogant about If a mighty tower that reaches the sky our own accomplishments and to TheMigdal Bavel saga comes at a is the architectural symbol of Nimrod, forget our role only as God’s partner particularly important juncture in then a lowly tent that can be easily in creation. The Torah cautions us Jewish history, when, as midrashic erected and dismantled for the sake of against the mentality of “kochi v’otzem sources inform us, Avraham Avinu this journey is the symbol of Avraham yadi asa li et ha’chayil hazeh”13 — “my was alive. As Avraham passed by in these times, and of the wandering own might and strength has yielded their construction site, the Dor Jews in times to come.22 The Gemara, this abundance.” The elaborate laws Haflagah tried to recruit him to leaving the Migdal Bavel in ruins while and seemingly drastic measure participate in their building project. Judaism is alive and well, emphatically of shmittah compels the greatest He chastised them by saying: “you communicates this idea: God rejects believers into a cessation from chose to substitute a tower made of massive building projects — be they productivity. This, the Torah tells us, bricks instead of Hashem who is the towers, temples or fortresses — as 17 is the healthiest course of action for real tower.” But the people only expressions of nationhood. Great 18 a person who perceives himself as a mocked him in response. These monuments do not beget great servant of God — not his coequal sources elucidate what the sin of this nations.23 who can outsmart Him as the Dor generation actually was: they already knew of Avraham’s monotheistic Haflagah attempted. Ziggurats and Mountains teaching, but rebelled against it via the While the Torah text is silent on the tower. Other midrashim identify this Architectural history has more to fate of the tower structure itself, the tower as the brainchild of Nimrod, Gemara in Sanhedrin paints a vivid teach us about the Migdal Bavel. Avraham and monotheism’s arch Some historians identify it as a picture of its end: The top tier where The Netziv even states that enemy. possible description of the famous the flood-fearing set took shelter was the fire referred to in the text as their

28 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Ziggurat of Marduk.24 A ziggurat Conclusion 13 Deuteronomy 8:17; in verse 14, we are is a stepped pyramid form that warned against “v’ram l’vavecha” — and you gradually rises in height. If, in fact, The message of theMigdal Bavel saga become arrogant. they are one and the same, it should is that humankind may have been 14 Giving them a different natural element to fear. be noted that this “tower” was only commanded to rule the earth and may 300 feet high. Nevertheless, for the have been endowed by God with the 15 Nahum Sarna, Understanding Genesis: gift of ingenuity — engineering and The World of the Bible in the Light of History, ancient world this was an imposing Schocken Books, NY, 1966, p. 64. structure that loomed large physically building some of the most dazzling 16 Genesis 11:5. and embedded itself in the psyche expressions of human progress of all who beheld it. According throughout every generation in world 17 Pirkei D’rebbe Eliezer 24. to architectural history, ziggurat history — but only as expressions 18 Midrash Rabbah 38:6. pyramids were erected as places of the divine. Our mandate is not to 19 See Ha’amek Davar commentary on of worship, designed to echo the create godless structures by which Genesis 11:3, quoting the accepted midrashic shapes of mountains that merged the we can “make for ourselves a name.” teaching that Nimrod thrust into a kivshan ha’eish. landscape and the sky. In this way, Our mandate is to build only those men could ascend to the heavens via a structures that will serve the greater 20 Midrashic sources state that Noach, Shem and Eiver were all alive at this time and also 25 good as manifestations of our roles as man-made structure. did not participate in the tower construction servants of God. In this way, we can If the Migdal Bavel is indeed a man- project. However, it is only Abraham who truly reach the sky. actively spreads the message of monotheism, made mountain, then it stands in which is why God chooses him to be our first stark contrast to the mountain that forefather. Endnotes represents Judaism at this time of year. 21 TheMidrash Rabbah 38:6 plays on the On Shavuot we celebrate the giving With thanks to Rabbis Josh Flug and Rob words “u’dvarim achadim” — commonly of the Torah on Har Sinai. But as we Shur who encouraged me to write this article translated as “they were of one tongue,” as well know, not only is the text silent — and now can attest to the truism that every a reference to this generation’s mocking the on its precise location, but the most architect seeks a deadline extension. Thanks “unique ones” — Abraham and God. I, in turn, am maintaining that there are other famous midrash regarding it states to Rabbi Flug for several ideas that informed this article as well. features of Judaism at this juncture that are outright that Har Sinai was neither the unique, aside from our monotheism. 1 This is now called the Willis Tower. tallest nor the mightiest mountain, but 22 For an analysis of the architectural 26 was instead the most modest. The 2 Spiro Kostoff,A History of Architecture, typologies that typify each Biblical deemphasis of the mountain prevents Settings and Rituals, Oxford University Press, generation, listen to my shiur entitled 1995, p.7; pp. 660-667; Leland M. Roth, “Architecture in the Torah: Building the our coming to worship it instead of A Concise History of American Architecture, remembering what occurred there. Universal and the Particular” on www. Harper and Row, 1979, pp.160-162; yutorah.org recorded on February 26, 2017. Wikipedia article on skyscrapers. Just as the Jewish nation is born 23 For a related discussion on the topic of homeless and wandering without 3 Genesis 11:4. how Judaism has outlasted the building physical manifestations as symbols of 4 Genesis 8:17. monuments of our many conquerors, listen our nationhood, we will not use Har 5 Genesis 1:28. to my shiur entitled “Pitom and Raamses, In Search of a Jewish Architectural Legacy” Sinai as a signifier of our dominion 6 Genesis 11:2. on www.yutorah.org, recorded on March 25, either. It will not function as our 7 Genesis 11:8 2018. Everest or Kilimanjaro or Mont 8 Sanhedrin 109a. 24 Nahum Sarna, Understanding Genesis: The Blanc. It will live on in our collective World of the Bible in the Light of History; p. 70; 9 This reflects the opinion of the Maharshah. memory only as the site that launched Schocken Books, NY, 1966. Sarna states that our unique service of God. Har Sinai 10 Paging Charles Darwin. the geography, time period and means and will remain only a metaphor for 11 Genesis 11:4. methods of construction correspond. Judaism — we value not physical 12 Spiro Kostoff,A History of Architecture, 25 Vincent Scully, Architecture: The Natural might and greatness, but modesty, Settings and Rituals, Oxford University Press, and the Manmade; p. 23. holiness and service. 1995, p.7. 26 Midrash Rabbah, Bamidbar 13:3.

29 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 21st Century Dovid Lichtenstein Challenges: Dovid Lichtenstein is the founder and CEO of The Lightstone Group, one of the Digital largest privately held real estate companies in the . He studied for five years in the . He is the author of two volumes of theHeadlines: Communication Halachic Debates of Current Events (OU Press) and the host of the popular Halacha Headlines radio program.

FACEBOOK, CAMBRIDGE ANALYTICA AND THE RIGHT TO PRIVACY: A HALACHIC OVERVIEW

he recent Facebook data consumers in particular have a great inappropriate, it is worth exploring scandal, which broke this deal of personal information online the specific halachic prohibitions past March when several which they do not wish to be made involved. Which halachic prohibitions Tnews outlets reported on Facebook’s public, and the illicit sharing of forbid a person from relaying private alleged sharing personal data of its that information against their will information about his fellow to users with Cambridge Analytica, a is, understandably, a great cause of somebody else? Must one assume that British political consulting firm, sent concern. all personal information is private? shockwaves throughout the world, While we all instinctively find If the subject never specified his serving as an alarming reminder of the unauthorized disclosure of desire to have the information kept just how easily accessible our online private information distasteful and confidential, may it be disseminated? personal information is. Social media

This article is an adaptation of the first chapter of this author’s bookHeadlines , volume 2 (OU Press, 2017). In that chapter, there is an additional section relating to uncovering one’s private information without sharing it.

30 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 person made a point of speaking to המספר דברים שגורמים אם נשמעו איש מפי Harei Hu B’Bal Ye’amer his fellow in private, expressing his איש להזיק חבירו בגופו או בממונו ואפילו desire for secrecy, then his fellow להצר לו או להפחידו, הרי זה לשון הרע. (The Gemara inMaseches Yoma (4b explicitly establishes that one may One who tells matters that, if they are may not share the information with not share a conversation he had with heard one person from another, cause others, even if the information somebody without that person’s physical or monetary damage to his would not pose any risk of harm or consent. In the Gemara’s words, harei fellow, or even cause him distress or to be distress. The prohibition oflashon hu b’bal ye’amer — the contents of frightened, this constitutes lashon ha’ra. ha’ra, by contrast, applies even when the conversation may not be shared the information was not conveyed The Chafetz Chayim asked, why until permission is granted. The secretly, and forbids sharing it if it did the Torah introduce a separate Gemara infers this concept from the would cause the speaker any sort of prohibition of lashon ha’ra, if sharing fact that God related His commands damage or angst. to Moshe leimor — to then be told to private information of any kind is It thus emerges that sharing the Benei Yisrael. God expressly instructed already forbidden by force of the content of personal correspondence Moshe to relay His commands to law of harei hu b’bal ye’amer? Once may be halachically forbidden if there Benei Yisrael because otherwise, he telling any personal information is reason to assume that the individual would have to keep this information about somebody is forbidden, wants the content to remain private, to himself. This demonstrates that then what is added by the special and it might be deemed inappropriate when somebody is told something prohibition against spreading negative (albeit not halachically forbidden) by his fellow, he may not pass it on to information? even if there is no reason to make such others without that person’s expressed The Chafetz Chayim suggests that an assumption. permission.1 the rule of harei hu b’bal ye’amer was not stated as an outright prohibition, The Chafetz Chayim Hilchos( Lashon Lo Selech Rachil B’Amecha Ha’ra 2:13; Be’er Mayim Chayim, 27) but rather as a guideline of etiquette and propriety (middah tova b’alma). notes that as this law is inferred from Revealing private information may Moshe’s prophecies, it must apply The Torah prohibition oflashon ha’ra applies only to information that could also likely fall under the halachic even when the disclosed information prohibition of Lo selech rachil b’amecha will not cause any harm to the cause a person harm or distress, but basic courtesy dictates that even (“You shall not go about gossiping individual. After all, God cannot among your people” – Vayikra 19:16), be “harmed” in any way, and yet, it other personal information should not be shared. The Chafetz Chayim which the Semag (lo sa’aseh 9) defines would have been forbidden for Moshe observes that the Rambam makes no as revealing information spoken to a to relay the information told him person in private. It stands to reason to by God if God had not explicitly mention of harei hu b’bal ye’amer in his code of law, likely because he did not that according to the Semag, this authorized him to do so. Necessarily, would apply not only to information then, the law of harei hu b’bal ye’amer regard this rule as a bona fide halachic prohibition.2 which was told by somebody, but also applies to everything told to a person, to information which one discovered even if sharing it would not cause any The Chafetz Chayim also advances through other means, such as by harm to the speaker. a second approach, proposing that searching through his computer or The question arises as to the even if the law of harei hu b’bal ye’amer overhearing his private conversations. relationship between this prohibition constitutes an outright halachic prohibition, it perhaps applies only This also appears to be the view of and the more famous prohibition the Rambam, in Hilchos Dei’os (7:2), of lashon ha’ra. The Rambam, in when the information was shared in private, indicating the speaker’s where he defines the termrachil to Hilchos Dei’os (7:5), defineslashon mean: ha’a as spreading information about desire for confidentiality. God זה שטוען דברים והולך מזה לזה ואומר כך somebody which could cause him conveyed His laws to Moshe inside אמר פלוני, כך וכך שמעתי על פלוני, אע”פ harm or distress: the Mishkan, and ensured that His שהוא אמת. voice would not be heard outside.3 Under such circumstances, when a

31 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 One who carries information and goes for one person to another saying, “So-and-so said such-and-such”; “I heard such-and-such about so-and-so” – even though it is true. According to the Rambam, spreading private information about people transgresses the Torah prohibition of Lo selech rachil b’amecha.4 Why do we eat Dairy on Shavuot? Similarly, the Meiri (Sanhedrin 31a) writes: אף בכל דבר שמחבירו לחבירו חייב אדם שלא לגלותו ושלא להביא דבר והנה המלאכים ביקשו שיתנו להם התורה ... ומשה מזה לזה, ועל כלם נאמר לא תלך רכיל בעמך. רבינו נצחם ועיקר הנצחון היה במה שהמלאכים אינם יכולים לקיים מצות שבגוף ומש”ה בעצרת צריך לקיים Also in every matter from one person to his fellow, a person is המצוה דלכם מה שאין המלאכים יכולים לקיימה ... וזהו obligated not to reveal it and not to bring information from one הענין שנוהגין בעצרת לאכול מאכל חלב, ועיקר הכוונה person to another. Regarding all of these it is said, Lo selech rachil בזה דביו”ט מצוה לאכול בשר ... ובעצרת אוכלין גם b’amecha. חלב מקודם כדי לקיים ההבדל והזריזות שיש בין אוכל Rashi likewise seems to adopt this understanding of the חלב לבשר והוא הקינוח והדחת הפה כדי לקיים מצוה prohibition of Lo selech rachil b’amecha. Commenting on the שבאכילה, ועיין במדרש תהלים )מזמור ח( על פסוק term lishna t’lisai with which the Gemara in Maseches Arachin מפי עוללים ויונקים יסדת עוז וע”ש שמסדר הויכוח :15b) refers to gossip, Rashi writes) של המלאכים על נתינת התורה ולבסוף אמר וז”ל אמר לשון הרכיל שהיא שלישית בין אדם לחבירו לגלות לו סוד. הקב”ה והלא אתם כשירדתם אצל אברהם אכלתם בשר The tongue of the gossiper, who is the third party, coming in בחלב ... ותינוק שלהם כשבא מבית הסופר ואמו נותנת .between a person and his fellow to reveal his secrets to him לו פת ובשר וחלב ואומר היום לימדני רבי לא תבשל גדי בחלב אמו ... ומכאן יצא המנהג לאכול חלב כדי להראות The termrachil , according to Rashi, refers to a person who הזריזות וההרחקה שבין אכילה זו לאכילת הבשר ולא reveals other people’s secrets, and thus revealing private כמו שעשו המלאכים שאכלו תיכף זה אחר זה. The angels requested to receive the Torah … and information would, seemingly, violate the prohibition of Lo Moshe Rabbeinu defeated them (i.e. their claims), selech rachil b’amecha. and his defeat was based on the fact that angels A different conclusion, however, appears to emerge from cannot fulfill commandments that require physical Rashi’s Torah commentary (Vayikra 19:16), where he activity. For this reason, on Shavuot, the emphasis interprets rachil as referring to: הולכים בבתי רעיהם לרגל מה יראו רע או מה ישמעו רע לספר בשוק. is on the physical, the aspects of Judaism that the angels cannot fulfill … This is the idea behind Those who go to their friends’ homes to check what negative eating dairy products on Shavuot. On the holidays, information they see or hear which they can tell in the marketplace. there is a mitzvah to eat meat … but on Shavuot, we eat dairy products beforehand in order to fulfill Here, Rashi appears to limit rechilus to negative personal the requirements between eating dairy and meat information, such that disclosing personal information which — wiping one’s hands and rinsing one’s mouth. is not unflattering would not fall under the prohibition ofLo The midrash states, regarding the dispute between selech rachil b’amecha. the angels and God about God giving the Torah to In any event, according to the aforementioned Rishonim, humans, that God said to them: “When you went disclosing a person’s private information would violate the down to visit Avraham, you ate meat and milk … Torah prohibition of Lo selech rachil b’amecha. Support for this but even a young child of theirs knows that when view may, at first glance, be drawn from the Mishna’s ruling he comes home from school and his mother gives in Maseches Sanhedrin (29a) that after aBeis Din issues its him meat and milk, that he won’t eat it.” … From decision, a judge should not publicize the fact that he felt the here developed the practice to eat dairy to show the defendant was innocent while the majority determined he was care and caution between eating milk and meat, guilty. Although this announcement does not entail negative not like the angels who ate one right after the other. information about his colleagues, a judge should not publicize Beit Halevi, Parshat Yitro this fact, as his colleagues likely prefer keeping their decisions

32 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 spreading private information appears וחייב אדם להסתיר הסוד אשר יגלה אליו private. The Gemara (31a) cites as in a Midrashic passage (Bamidbar חברו דרך סתר אעפ"י שאין בגילוי ההוא ענין the source of this prohibition the Rabba, 23) discussing the רכילות, כי יש בגילוי הסוד נזק לבעליו וסבה verse Lo selech rachil b’amecha, clearly disturbing story of King David and להפר מחשבתו...והשנית כי מגלה הסוד אך indicating that this verse forbids Uriya, a solider in his army. As we יצא יצא מדרך הצניעות והנה הוא מעביר על disclosing other people’s personal read in Sefer Shemuel II (11), King דעת בעל הסוד. information which they prefer keeping secret.5 A person is obligated to conceal a David ordered his general, Yoav, to assign Uriya to the front lines during We may, however, refute this proof, secret revealed to him by his fellow in a fierce war against Amon, in order and distinguish between the case a secretive manner, even if revealing that Uriya would be killed. After of a judge revealing his colleagues’ it would not involve rechilus, because Uriya’s death, the Midrash relates, decisions and other cases of rechilus. revealing the secret causes damage to the military officers were incensed Publicizing a judge’s opinion could the owner and results in the foiling of his at Yoav for causing Uriya’s death, evoke the ire of the defendant or plan…and, secondly, one who reveals a and threatened to kill him. Yoav losing party, thereby potentially secret deviates from the path of modesty defended himself by showing them endangering the judge. Hence, the and violates the wish of the secret’s the note he had received from David, application of Lo selech rachil b’amecha owner. ordering him to place Uriya in the in such a case does not necessarily Rabbenu Yona writes explicitly front lines. The Midrash comments dictate that it applies to information that irrespective of any practical that Yoav deserved to be punished which poses no harm to the harm caused by disclosing private for publicizing a personal letter from individual. Second, the Rambam, in information, it constitutes a breach the king. Although this was done in his commentary to the Mishna (there of trust and violates appropriate self-defense, the Midrash nevertheless in Sanhedrin), explains this halacha as standards of tz’nius (“modesty,” or censures Yoav for disclosing personal intended to ensure that people look discretion). information. This underscores the upon judges fondly and admiringly. Another relevant source is a severity with which Chazal viewed As such, no conclusions can be responsum of Mahari Weil7 addressing violating one’s fellow’s trust by sharing reached on the basis of this halacha the case of a person who revealed personal information with others.8 with respect to general situations of to a number of people disparaging disclosure of private information. information about his wife, and then Violating Privacy for Public Regardless, at least according to strictly ordered them not to disclose Safety several Rishonim, one who discloses the information. Mahari Weil ruled somebody’s personal information that those who heard the report We should note that numerous which he presumably wishes to were required to come testify before sources state explicitly that revealing be kept private transgresses the Beis Din, because divrei harav divrei somebody’s secrets is allowed to Torah prohibition of Lo selech rachil hatalmid divrei mi shom’in? — their protect other people. Commenting on 6 b’amecha. obligations to the Almighty supersede the sixth of the Ten Commandments their pledge to the husband. The – Lo tirtzach (Shemos 20:12) – Ibn Revealing Secrets as an underlying assumption, of course, Ezra writes that the Torah prohibition Ethical Breach is that their pledge of secrecy was against murder applies even to certain binding, albeit it was overridden forms of indirect murder, including Beyond the strict halachic by the halachic requirement to give withholding secret information which prohibitions entailed, numerous testimony. Clearly, then, disclosing is needed to save lives: sources indicate that disclosing private information about a person which he או שנגלה לך סוד שתוכל להצילו מן המות אם information constitutes a severe wants kept secret is forbidden, either תגלהו לו, ואם לא גלית אתה כמו רוצח. breach of Torah ethics. as a strict halachic prohibition or on the level of general ethical conduct. Or, if a secret was revealed to you and Rabbenu Yona writes in Sha’arei you can save someone from death by Teshuva (3:228): Perhaps the most striking expression revealing it to him – if you do not reveal of Chazal’s condemnation of it, you are like a murderer.

33 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Additionally, several commentators8 to find clues of the shooter’s possible refined conduct, and not as an actual halachic note that the Torah (Vayikra 19:16) accomplices and other important prohibition. juxtaposes the prohibition against contacts. This information, the FBI 3 Rashi, Vayikra 1:1. gossip (Lo selech rachil b’amecha) with claimed, was vital to the Bureau’s 4 Surprisingly, the Chafetz Chayim (Hilchos that of Lo sa’amod al dam rei’echa – ongoing investigation into the Lashon Ha’ra 1:1, Be’er Mayim Chayim sitting idly while one’s fellow faces terrorists’ motives and modes of 4) understands the Rambam as referring danger – to teach that the former is operation. The FBI asked that Apple specifically to somebody who tells people suspended for the sake of the latter. If disable the phone’s security system what others have said about them, as opposed to general personal information. This does a person has confidential information to enable them to access Mr. Farook’s not, however, appear to be the implication of that could save a life, he is required to information, but the company the Rambam’s remarks. divulge it. refused, arguing that it needed to 5 The Mishna and Gemara also cite a second Accordingly, Rav Moshe Sternbuch strictly uphold its commitments source for this prohibition, namely, the verse not to compromise its customers’ in Mishlei (11:13), holech rachil megaleh sod (Teshuvos Ve’hanhagos, 1:869) (“One who goes around gossiping reveals ruled that if a doctor determined security. The FBI then appealed to a federal judge, and a court order was secrets”). The citation of two Scriptural that his patient is physically unfit sources challenges us to identify the precise to drive – such as in the case of an issued ordering Apple to comply relationship between them. One possibility ophthalmologist who diagnoses his with the FBI’s demands by February emerges from the Vilna Gaon’s interpretation th. The brief legal battle came to an of holech rachil megaleh sod in his commentary patient with a visual impairment that 26 םנוועו ,ליכר ךלוהל המוד אוה דוס הלגמה :anticlimactic end on March 28th, when to Mishlei compromises his ability to drive safely One who reveals secrets resembles“ – הוש the Department of Justice announced – he can and must inform the relevant one who goes around gossiping, and their that it succeeded in unlocking the government authorities. Although iniquity is equal.” This might mean that the device. medical information is confidential, verse in Mishlei introduces a new prohibition the doctor must break his trust of It stands to reason that given the against disclosing private information, which is likened in severity to the prohibition of confidentiality for the sake of public international threat of Islamic rechilus. Accordingly, we might explain that safety. Rav Ovadia Yosef (Yechaveh terrorism, and the vital importance of the Gemara cites both verses because the Da’as, 4:60) issued a similar ruling intelligence information in identifying actual prohibition which one violates is concerning a patient with epilepsy. and capturing potential attackers holech rachil megaleh sod, but it is considered If the doctor determines that this and their accomplices, accessing the as grievous an infraction as a violation of Lo selech rachil b’amecha. condition makes it unsafe for the information on a terrorist’s device patient to drive, he must notify the would certainly appear to fall under 6 TheMidrash Gadol U’gedula (published by Aharon Jelinek, vol. 3, p. 126) likewise authorities. the category of public safety, which, comments, “Concealing a secret is great, as noted, overrides the prohibition Another fascinating – albeit tragic for whoever reveals his fellow’s secret is against invading privacy. considered as though he shed blood, as it says, – modern-day application of this Lo selech rachil b’amecha. ruling is the controversy that arose in the wake of the devastating shooting Endnotes 7 Nimmukei Rav Menachem MiRizburk, Dinei Boshes. attack at the Inland Regional Center 1 There is some discussion among the in San Bernardino, California in 8 Moshav Zekeinim, Or Ha’chayim, Netziv as to whether this inference is (Ha’amek Davar), and others. December, 2015. The perpetrators made from the oft-repeated Biblical verse, or, as indicated by the ,וידבר ה' אל משה לאמר Syed Farook and Tashfeen Malik – – were found and killed by police version found in common editions of the in a shootout that same day, and Talmud, from the opening verse of Sefer .וידבר ה' אל משה מאהל מועד לאמר :Vayikra two months later, on February 9th, the FBI announced that it had 2 Indeed, the Meiri, who generally adheres recovered Syed’s iPhone, but was to the Rambam’s rulings, writes explicitly in his commentary to Maseches Yoma that unable to unlock the device in order this rule was intended as a guideline for

34 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Rabbi Daniel Z. Feldman Rabbi Feldman is a Rosh Yeshiva at RIETS, as well as an instructor in the Sy and the Wurzweiler School of Social Work, and serves as the Executive Editor of the RIETS initiative of YU Press. He is the Tribute author of “The Right and The Good: Halakhah and Human Relations” (Jason Aronson, 1999; expanded edition, Yashar Books, 2005); “Divine Footsteps: Chesed and the Jewish Soul” (Yeshiva University Press, 2008); “False Facts and True Rumors: Lashon Hara in Contemporary Culture” (YU Press/Maggid Books, forthcoming); as well as three volumes of Talmudic essays entitled Binah BaSefarim. Rabbi Feldman is the co-editor of more than ten volumes of Talmudic essays and Jewish Thought and serves on the editorial board of Tradition, and has also written for publications such as Jewish Action, The Orthodox Forum, and the Oxford Handbook of Judaism and Economics. He is the spiritual leader of Ohr Saadya of Teaneck, NJ, where he resides with his wife, Leah, and their children. MOURNING THE LOSS OF A FRIEND: RABBI OZER GLICKMAN, Z”L

Originally published by the Jewish Link started, we probably covered as many of March 21, 2018. Reprinted topics of mutual interest. As a sad irony, with permission. these included his optimistic attitude here have been and will about his health, and our plans to travel be many words used to together to an upcoming simcha. describe Rav Ozer Glickman, However, calling him a “friend” here Tz”l, since his sudden passing early means more than that—he was not only this week. Scholar, rabbi, father, a friend to specific individuals, but he teacher, husband, investment was a friend in his essence. banker, wordsmith, grandfather, risk management expert, composer, linguist, A friend, a chaver, perceives the value as Rav Hershel Schachter, whom trader, conversationalist, sports fan, of being connected to others, of seeking he admired for his learning and his philosopher, ethicist, chazzan, wit, out goodness in people and joining with character, and would frequently refer lecturer, moral guide, Renaissance man; them in amity. For Reb Ozer, among to lessons he derived from those all of these descriptions are accurate. many, many other involvements, that attributes. The recognition was mutual; instinct brought him ultimately to over the years I directly heard from However, when I struggle to find the Yeshiva University, where many of his Rav Schachter and from his family of appropriate word—in my shocked, talents found expression in a number their appreciation of and recourse to stunned, dumbfounded state—the term of departments. He delighted in being his interpersonal abilities and their that comes to mind most persistently is a friend, a colleague, to the Yeshiva applications. “friend.” Reb Ozer was, first and last, a faculty. The fact that he was counted friend. among the Roshei Yeshiva, a group that Of course, being who he was, his distinguished associations extended to Yes, in the most basic sense, he was a included so many Torah scholars he realms outside the Torah world as well. friend to many—people from all walks deeply admired, was a great joy to him. He counted among his acquaintances of life immediately connected with Of course, he was unique within that figures such as the behavioral him and were befriended by him. To group. His distinctive background and economists Richard Thaler and Daniel me personally, he was an associate, a profile could have set him apart and Kahneman. Readers of the works of confidant, a colleague, a resource, a made him an outsider. In actuality, it did statistician/scholar Nassim Nicholas dear, cherished, treasured friend for the opposite: it enabled him to serve as Taleb can find quotations from “my decades. Generationally, he was a bridge an ambassador, articulating the views he friend Anthony Glickman, a rabbi and between me and my father, z”l, and shared with his colleagues in contexts Talmudic scholar-turned option trader, considered his relationship with both of that others could not access. He eagerly then turned-again rabbi and Talmudic us to be one seamless connection. embraced this role, spoke of it often, scholar (so far).“ (Antifragile, p. 184). Just a few hours before he was tragically and was extremely effective in it. He was also a “friend” in the sense of taken from us, he attended a rabbeim He was greatly honored by his “classmate.” His life was one continuous meeting at Yeshiva University, and in friendship with rabbinic leaders such educational experience, his world one seven minutes of conversation before it

35 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 giant classroom and Beis Midrash. outspoken about the responsibilities that bo de’ah”; he was constantly finding He moved from one intellectual came with such membership. new venues and arenas to share his accomplishment to another, both in learning and to inspire. And how fitting He tirelessly spoke up on behalf Torah and in secular realms. it is that this great “friend”, with no lack of honesty, integrity, and Kiddush of formal teaching positions, should He adored teaching, but did so with Hashem. He hated injustice, and among become the outstanding educational the mindset of a supportive peer other involvements provided vital and moral voice of social media? In this rather than an instructor. The mishnah service to ORA, the Organization for often contentious setting, he boldly but (Avot 1:10) warns that one should the Resolution of Agunot. He would carefully elevated the environment with “hate the rabbanut.” Commentaries travel great distances and endure insults his thoughtful participation. explain that surprising phrase to mean and personal attacks to do what he that one should love rabbinic service, could to relieve the suffering of those Reb Ozer was a friend, a vital member but hate the “rabbanut” over people involved. (“They call me when they of our communal “chaburah.” The that sometimes accompanies it. That need someone who speaks ,” he Talmud (Shabbat 105b) warns that describes Reb Ozer’s attitude; he would say with a smile). when one of the chaburah dies, all the would be instructive, inspirational, and members of the chaburah should worry. The last Shabbat of Reb Ozer’s life pastoral, but eschew any authoritative The sudden and shocking nature of Reb was Parshat Vayikra. Chazal (Vayikra position or demeanor. Ozer’s passing certainly justifies a literal Rabbah 1:15), commenting on the application of that statement. Reb Ozer was a friend in that he truly beginning of the parsha, express an wanted the best for those around him. appreciation of Moshe Rabbeinu for But it seems in this context a homiletic To come into his orbit, whether casually not being a “Talmid chacham without interpretation is fitting too. When this or formally, briefly or over many years, de’ah,” which is a apparently a terrible singular member of the chaburah is was to have him proactively absorb your thing to be. taken from us, we all must worry: who needs and aspirations. Registering in could replace him? Who could do what The commentaries struggle with the his class meant you acquired not only he did? How sorely are we lacking, are meaning of the word de’ah. In context, a professor, but an advocate, career we deficient, without him. it seems to refer to derech eretz, to counselor, agent, and personal advisor. manners and to civil refinement. Civil At Reb Ozer’s funeral, there was Speaking personally, in the past few discourse was in fact a passion of Reb mournful reference to the fact that he months alone I received so many Ozer; he never gave up believing in the did not have time in his life to write. communications from him seeking to possibility of nuance and respect even This is true but not completely; at the assist me in various ways, things that I within intense disagreement. To be a time of his passing, he was involved never asked him for but I recognized gentleman was as important as being a in several literary endeavors. Perhaps as greatly beneficial. This past Shavuot, scholar. others will be able to bring some of his he volunteered to give a drasha at my writings to the public. And of course, Some understand de’ah to be a sense shul, knowing that would be valuable his social media postings have been of gratitude. Reb Ozer was constantly to me, despite the fact that it was at recognized as the gems they are and will expressing his appreciation for the least a 45 minute walk to and from his continue to inspire and edify as they are many blessings he recognized his house. He did this as a favor, without preserved and shared. life to include. First and foremost any compensation. As a genuine friend, were his beloved wife, children, and But the fact is he was writing his entire he shared of himself with no sense of grandchildren, and all of his family, his life, if not on paper. He wrote for competition. most cherished assets. He was vocally himself a fascinating and magnificent As I prepared to leave for his funeral, a grateful for all the opportunities he internal odyssey. And he wrote for student I was with lamented that he had had, primarily to live a life of learning, others as well, and more so: the many never met him. “That’s a shame,” I said. teaching, compassion, and service to multitudes from all walks of life who “You would have liked each other.” I God and humanity. are more educated, more inspired, more realized, of course, that I could have said enlightened, more morally aware, more Some interpret de’ah to mean the that to anyone. self-confident, more comforted, more willingness and motivation to share prepared to achieve their potential Reb Ozer was a friend in the sense that he their learning with others. By this in the eyes of society and the eyes of was always aware that he was a member of definition too, Reb Ozer was the G-d—all because they had the good society. He was passionate and fearlessly consummate “talmid chacham sheyesh fortune to count him as a friend.

36 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Rabbi Joshua Flug Shavuot Rabbi Joshua Flug graduated YC in 1998 and RIETS in 2001. He then continued his rabbinic Study Guide studies in the Wexner Kollel Elyon. After spending a year teaching at SCW and IBC, he moved with his family to Boca Raton to serve as rosh kollel of the Boca Raton Community Kollel. He currently serves as Director of Torah Research at CJF, where he develops Torah content for continuing rabbinic education programs and serves as the general editor of the Torah To-Go® series. Additionally, he is the Director of Get Proceedings for the of Florida.

CONTEMPORARY BUSINESS ETHICS: A SHAVUOS NIGHT STUDY GUIDE On the 3rd of Iyyar (April 18th), students at Yeshiva University gathered for a memorial service to honor the memory of our dear rosh yeshiva, Rabbi Ozer Glickman. Rabbi Glickman distinguished himself as a member of two worlds: He was both a talmid chacham par excellence and a leader in the financial industry. His classes in business ethics were a bridge between those two worlds. As part of the memorial service, students spent a half-hour studying cases in business ethics using the study guide below (the third case was not included and was written for this publication). These cases highlight our ability to apply the Torah’s values to the most contemporary of situations. The guide was designed for study with a (study partner) or in a group setting.

Case Study #1: The Taxi Commission vs. Uber New York defeats taxi owners, lenders in lawsuit over rules, Uber (Reuters, March 30, 2017) A federal judge on Thursday dismissed a lawsuit by taxi owners and lenders accusing New York City and its Taxi and Limousine Commission of jeopardizing their survival by imposing burdensome regulations and letting the Uber ride-sharing service take passengers away. U.S. District Judge Alison Nathan in Manhattan said credit unions, medallion owners and trade groups failed to show they were denied due process or equal protection by having to obey rules on fares, who they can pick up, vehicle equipment, and access for disabled people that Uber drivers need not follow. While the city’s ground transportation industry “may well, as plaintiffs allege, be rapidly evolving,” the differences in how yellow cabs and ride-sharing services serve passengers, including whether rides are hailed on the street or by smartphone, “easily justify” such distinctions, Nathan wrote. The growth of services such as Uber and Lyft in New York has caused the value of a medallion, essentially the right to operate a yellow cab, to fall by more than half from its $1.3 million peak in 2014, according to recent sale listings.

Background: Owners of NYC taxi medallions invested a lot of money for the rights to pick up customers off the street. Without a medallion, the only other legal means of having a paid ride service is to order it in advance. Before Uber and other similar services, this meant that the only way to get a cab on demand was to hail a yellow taxi with a medallion. When someone purchased a medallion, it was a purchase of certain exclusivity rights that other ride services do not have. With the advent of Uber and other services, a customer can essentially “hail” an Uber through a smartphone and be in the car seconds later. Discussion Starter: From a Jewish law perspective, who has a stronger claim, the medallion owners or Uber?

his. The is that the first one may אחריתי מצי מעכב ואי שייך בכרגא דהכא לא אמר רב הונא האי Source #1 ,prevent him from doing so if he wishes מצי מעכב בר מבואה אבר מבואה דנפשיה בר מבואה דאוקי as he can say to him: You are disrupting לא מצי מעכב בעי רב הונא בריה דרב יהושע ריחיא ואתא בר מבואה חבריה וקמוקי גביה my livelihood by taking my customers בר מבואה אבר מבואה אחרינא מאי תיקו. דינא הוא דמעכב עילויה דא"ל קא פסקת ליה Rav Huna said: There was a certain ...The Gemara answers: This entire לחיותי …תנאי היא דתניא כופין בני מבואות resident of an alleyway who set up a matter is a dispute between tanna’im, as זה את זה שלא להושיב ביניהן לא חייט ולא mill in the alleyway and earned his it is taught in a baraita: The residents of בורסקי ולא מלמד תינוקות ולא אחד מבני living grinding grain for people. And an alleyway can compel one another to בעלי אומניות ולשכנו אינו כופיהו רשב"ג subsequently another resident of the agree not to allow among them in that אומר אף לשכנו כופיהו אמר רב הונא בריה alleyway came and set up a mill next to alleyway a tailor, a tanner, a teacher of דרב יהושע פשיטא לי בר מתא אבר מתא

37 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 בדבר הנהוג בבעלי חנות Source #3 פי’ הר”י בן מג”ש ז”ל children, nor any type of craftsman. They Source #2 של אחד יש לו ליסענטץ דהיינו דוקא היכא דלא can bar outside craftsmen from plying ופורע המס מחנותו כנהוג והאחר הסמוך לו מוזלי תרעא טפי אז אמרינן דמצו מעכבי אבל their trade in that alleyway. But one אין לו ליסענטץ ושותקים לו מושלי העיר אם אי מוזלי טפי הא איכא תקנת לוקחים דההיא cannot compel his neighbor, i.e., one who רשאי זה שיש לו ליסענטץ למסור אצל אדונים מתא ]אם ישראל נינהו[ לא מצו מעכבי ונראה already lives in the alleyway, to refrain או שבא באופן אחר להעמיד חובטים במקלות דעת הרב ז”ל בזול גדול אבל להוזיל מעט יותר from practicing a particular occupation שלא יניח למכור בחנותו וכן אחד שיש לו זכות ממוכרי העיר ודאי מצו מעכבי דאם לא כן :there. Rabban Shimon ben Gamliel says למכור יי”ש הקעלישעק שהשיג בתחבולה על לעולם לא מצו מעכבי שאי אפשר שכשיש שם One can even compel his neighbor not שם הנכרי וכדומה והשני אין לו רשיון ע”ז ומוזג הרבה מבני אומנות שלא יוזל השער ובשביל .to conduct such work in the alleyway בחשאי אם רשאי זה למנוע אותו ע”פ ד”ת דבר מועט כזה לאו כל כמיניה לבר מתא :Rav Huna, son of Rav Yehoshua, says שלא ימזוג על הקעלישק או שיהי’ מונעו בכל אחריתי דליפסיד להאי וליתקן להאי דאי בעו It is obvious to me that a resident of one מסירה וכיוצא בו ... אחר העיון נלפע”ד דזה בני מתא דלוזיל גבייהו או יתנו על השערים או town can prevent a resident of another דוקא אם הי’ סך קצוב כמה יהי’ בעיר בעלי יושיבו אחר מעירן כן נראה דעת הרמב”ן. town from establishing a similar business חנות או מוכרי מזיגה והוא בבל תוסיף חנות in the locale of the first individual. But R. Yosef ibn Migash explained that או מוכרי מזיגה אף בכסף מלא שייך לומר if he pays the tax of that first town, he the ability for local sellers to prevent קפסקי’ לחיותא והוה דומיא דבני עיר אחרת או cannot prevent him from doing business outside competition only applies when בני מבוי אחת דמסתמא נקצב כמה אנשים יש there, as he too is considered a resident the outsiders won’t cause the price to בעיר או כמה פאמילנטין במבוי זו אבל באם of the town. The resident of an alleyway be lowered. In that case, the locals can שיכול להיות כמה חנות או מוכרי מזיגה רק ,cannot prevent a resident of his alleyway prevent outside competition. However שיש לאדון כך וכך א”כ אינו פוסק לחיותו דהא from practicing a particular trade there, if they lower the price more, then it is אם היה משלם היה גם הוא רשאי להיות בעל in accordance with the opinion of the beneficial for the local (Jewish) customers חנות וכדומה ורק שאינו משלם אם כן מזלו Rabbis in the baraita, and contrary and one cannot prevent outsiders. It seems גורם שאינן משגיחים עליו ומה לאחר בזה ... to the opinion of Rabban Shimon ben that the opinion of our teacher is to accept אמנם לפענ”ד נראה דזה יכול לעכב אם מוזיל [Gamliel. With these conclusions in mind, this qualification [of R. Yosef ibn Migash המקח עי”ז שלא צריך לשלם א”כ פשיטא .Rav Huna, son of Rav Yehoshua, raises only if there is a major discount of prices דעכ”פ דיהיה עדיף מיניה בודאי אינו נכון a dilemma: With regard to a resident of However, if they are only selling at a one alleyway protesting about a resident slightly lower price, the locals can prevent … Regarding a store owner who has of another alleyway conducting business the outsiders because when there are extra a license to sell and pays taxes for that there, what is the halakha? No answer competitors there is a guarantee that the license, and if someone opens a store was found, and the Gemara states that price will decrease slightly (and as such, without a license, the government the dilemma shall stand unresolved. the case where outsiders may not compete closes the store. Is it permissible for the Bava Kama 116a must be one where there is a minimal store owner with the license to report (Translation: The William Davidson digital price decrease). For a small amount, it is the competitor without a license to the edition of the Koren Noé Talmud) not worthwhile to allow the outsiders to government? Similarly, if one purchased cause a loss to the locals in order to benefit a liquor license which permits one to mix the local customers because if the locals drinks and the competitor does not, and Discussion Questions: want the discounted prices, they can set up mixes drinks in a clandestine manner, 1. What do you think is the point more local competitors. This seems to be is it permissible to force the competitor of contention between those who the opinion of Ramban. through a din Torah to stop mixing or to restrict outsiders from setting up Nimmukei Yosef, Bava Basra 11a report the individual? … It seems to me that if there are a limited shop in town and those who permit Discussion Questions: them to do so? number of licenses for store owners or 1. How does Nimmukei Yosef pubs and nobody else can enter the market 2. Uber’s drivers are local, but balance the rights of the local even if he is willing to pay, then the license the company itself is not based in buyers with the rights of the local owners can claim “you are disrupting NYC. Does that make Uber a local sellers? my livelihood” similar to the outsiders of company or an outsider? Why? a town or of an alleyway, as there are a 2. How do you think this discussion limited number of potential competitors in applies to Uber? a town or in an alleyway. However, if the

38 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 government sells unlimited licenses, then Concluding Questions: the seller who does not have a license is not Discussion Questions: 1. Uber can provide a much cheaper disrupting the livelihood of the one who 1. Given that there are a limited rate for its customers but it does so by does … Nevertheless (even when there are number of taxi medallions, how circumventing the fees that medallion unlimited licenses), if the cost of the license do you think R. Nathanson would taxis pay. How do the sources above forces the seller to sell at a higher price and deal with the dispute between the deal with this conflict? the one without the license is able to sell at medallion owners and Uber? a lower price because he doesn’t pay the 2. The federal judge ruled in Uber’s license, then this is certainly not proper. 2. If Uber can undercut NYC taxi favor because Uber’s service is R. Yosef Shaul Nathanson, Shoel drivers because they don’t have to fundamentally different. Instead of UMeishiv Vol. I 1:20 pay for medallions, does that play a hailing a cab, you order one on your role? smartphone. How would you apply the sources above to this argument?

Case Study #2: The Printer Warranty

Discussion Starter: Reuven and Shimon share the costs of renting an office space. To save on costs, they share certain equipment including a high-speed printer. When the printer was purchased for $1,000, Reuven wrote a check to Shimon for $500 and Shimon went to the store to pick it up. At checkout, the cashier asked Shimon if he wanted to purchase a five-year extended warranty for $50 that would cover 80% of the replacement cost if the machine ever broke. He purchased the warranty and put the paperwork in a drawer, forgetting about it. A few years later, the machine broke and they agreed to buy the same printer which was still selling for $1,000. Shimon then remembered about the warranty. He was given a new printer, and with 80% of the cost covered by the warranty, he paid only $200. Upon returning to the office, he told Reuven what had happened. Reuven said, “I guess I owe you $25 for the original warranty cost and $100 for the replacement printer.” Shimon said, “Actually, you owe me $500. If you would have paid for your half of the warranty, then we would have split the cost of the replacement printer, but now that you didn’t, you pay for your half of the printer and I will pay for my half through my warranty purchase.” Who is right? שטף נחל חמורו וחמור Source #1 Discussion Questions: because it was from Heaven that mercy was bestowed upon him, and his good חבירו שלו יפה מנה ושל .When the owner of the more valuable fortune does not affect the stipulation חבירו מאתים והניח זה את שלו והציל את של donkey agrees to pay the rescuer Bava Kama 116a חבירו אין לו אלא שכרו ואם אמר לו אני אציל for his donkey, is he purchasing the Translation: The William Davidson digital edition of the את שלך ואתה נותן לי את שלי חייב ליתן לו. Koren Noé Talmud If a river washed away his donkey and the donkey or is he paying the rescuer for donkey of another, and his donkey was his services at a higher rate? What do Discussion Questions: you think is the practical difference? worth one hundred dinars and the donkey 1. How does Rav view the nature בעא מיניה רב כהנא מרב ,of the other was worth two hundred Source #2 of the arrangement between the rescuer and the owner of the ירד להציל ועלה שלו מאליו and the individual with the less valuable ?valuable donkey מהו א”ל משמיא רחימו עליה donkey abandoned his donkey and instead salvaged the donkey of the other, Rav Kahana raised a dilemma before 2. Can we compare the purchase he has the right to collect only his wage, Rav: If one descended into the river to of the new printer (where Reuven i.e., compensation for the effort he put into rescue another’s donkey instead of his agreed to pay his half) to the rescue of salvaging his fellow’s donkey. But if he said own after stipulating that he would the valuable donkey and the warranty to the owner of the more valuable donkey: be compensated for the loss of his own to the less valuable donkey’s self- I will salvage your donkey and you will donkey, and his own donkey emerged rescue? Why or why not? pay me the monetary value of mine in from the river by itself, what is the נשאלתי באחד ששכר בית exchange, the owner of the more valuable halakha? Is the rescuer still entitled to Source #3 מחבירו וקיבל עליו אחריות donkey is obligated to pay the rescuer payment from the owner of the donkey מדליקה, ואח"כ הלך המשכיר והבטיח ביתו compensation for his donkey. that he saved, despite the fact that he Mishna Bava Kama 115b did not suffer a monetary loss? Rav said בחברת האחריות, ונשרפה הבית, מי מצי Translation: The William Davidson digital edition of the השוכר לומר כיון דלית לך פסידא, דדמי ביתך Koren Noé Talmud to him: The rescuer is still compensated 39 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 :own donkey, and even though the rescuer Concluding Questions את נוטל מן החברה, אדעתא דא לא קבלתי never ended up losing his own donkey אחריות ... ונראה לי לדון, דהשוכר חייב 1. The purchase of a homeowner’s and it emerged on its own, the owner בתשלומי אחריותה, דכמו כן שנינו בפרק הגוזל policy generally entitles one to ,of the valuable donkey cannot claim ומאכיל )ב"ק דף קט"ז ע"א( במשנה דשטף compensation for damages even if I never accepted responsibility under“ נהר חמורו וחמור חבירו כו', ואם אמר לו אני the homeowner decides not to repair these circumstances.” This is because אציל את שלך ואתה נותן לי את שלי חייב ליתן the damages. Warranties generally the rescuer can respond, “the fact that לו, בעא מיניה רב כהנא מרב ירד להציל ועלה only cover replacements and do not my donkey survived is an external שלו מאליו מהו, א"ל משמיא רחימו עלה, offer compensation if the customer ”.matter that is not relevant to you אלמא דהא דקיבל אחריות הוא משום דמחמת doesn’t want to replace the item. Does Certainly, in this situation (regarding דמציל את של חבירו מפסיד חמור של עצמו, that factor into this situation? Does the fire insurance), the one who pays ולסוף לא הפסיד את של עצמו, דעלה מאליו, Reuven have a claim in saying that the premium for fire-insurance benefits לא מצי אמר אדעתא דא לא מחייבנא נפשאי without using his half of the broken from the compensation and this doesn’t באחריות חמורך, דמצי אמר ליה מאי איכפת printer, Shimon cannot cash in on the .exempt the renter from his responsibility לך במה דמשמיא רחימו עלי, כש"כ כאן, שע"י warranty? Why or why not? ,R. Meir Simcha of Dvinsk מה שנותן שכר קצבתו לחברת האחריות הרויח Ohr Sameach, Sechirus 7:1 2. In the presentation of the case, an בתשלומי ביתו, ודאי דבזה לא נפטר השוכר important detail was left out: what מתשלומי אחריות שקבל עליו. I was asked regarding an individual Discussion Questions: happened after Shimon purchased the who rented a house from his friend and 1. R. Meir Simcha views the warranty? How would the following accepted upon himself responsibility for insurance arrangement as a scenarios affect the case? fire damage. The landlord purchased secondary external arrangement • Shimon forgot to tell Reuven about an insurance policy, and subsequently while the renter bears the primary the warranty and therefore Reuven the house burnt down. Can the renter responsibility. If purchasing never had a chance to pay for it. claim that since the landlord will collect insurance were to hold the • Shimon told Reuven about the from the insurance company, the renter insurance company primarily warranty and Reuven said “Why is exempt from payment because he responsible for the property, would did you buy a warranty? These never intended to accept responsibility that strengthen the renter’s claim? warrantees are never worth it. I am under these conditions? It seems to me 2. If the roles were reversed, and the not paying my share.” that the renter is responsible to pay as we landlord took on the responsibility • Shimon told Reuven about the find in Bava Kama, “If a river washed for fire damage and the renter warranty and Reuven agreed to away his donkey … Rav Kahana raised purchased property insurance that pay but forgot to do so. a dilemma before Rav …” The reason also happened to cover fire damage, why the owner of the more valuable who would receive the insurance donkey accepted responsibility to pay money in the case of a fire? [See was because the rescuer was losing his Ohr Sameach, Sechirus 5:6]

Case Study #3: The Disputed Bitcoin Transaction

Discussion Starter: Dan is a regular customer at Cohen’s Bistro and an avid Bitcoin user. He was taking out his family one evening and was glad to see a sign that said “We now accept Bitcoin payments. Complimentary dessert for anyone paying with Bitcoin.” When they ordered the food, Dan mentioned that he would be paying with Bitcoin and would like the complimentary dessert. At the end of the meal, he received the bill. The price of Bitcoin that day was $5,000 and his bill was $150, making his amount due .03 Bitcoins. He tried to pay using an app on his phone but the service that processed his account was down. Mr. Cohen came over and said “Don’t worry. I trust you, you can send me the Bitcoins later.” Dan never got around to sending the Bitcoins. Two weeks later, he walked into the restaurant and Mr. Cohen reminded him that he has an outstanding bill of .03 Bitcoins. At that point, the price of a Bitcoin had spiked to $8,000. Dan said that he would prefer to pay the bill in cash and took out $150. Mr. Cohen said, “I am sorry, but we agreed that you would pay .03 Bitcoins. If you don’t want to pay in Bitcoins, you should pay me the monetary equivalent of .03 Bitcoins which is $240.” Is Mr. Cohen correct?

40 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Background: Several years ago, Bitcoin was introduced as a cryptocurrency (i.e., based on encryption) to be used as an alternative to standard currency. Bitcoin is not backed by any government or central bank and does not require any third-party institution to complete the transaction. A Bitcoin has no physical properties; it is a digital entity. Furthermore, there is no inherent value to Bitcoin. It currently is accepted as a form of payment in a limited number of online and brick and mortar stores. Most stores still do not

accept Bitcoin for payment. In Jewish law, the purchase of (movable) goods takes place when the buyer takes possession of the goods. If the buyer has not yet paid, the money owed is assumed to be a debt that the buyer owes the seller. If the money was paid prior to the buyer taking possession, either party is legally entitled to cancel the sale (though it is not proper to do so).

ודכוותיה במטלטלין בהו אלא מאן דמזבני בהו אזיל בהו לבי הדינרין של זהב לגבי Source #1a Source #2a שמי שמשך חפץ מחברו טיבעא א”נ אזיל בהו לדוכתא אחריתא דסגיין מטבעות של כסף הרי הן והתנה ליתן לו כור חטים חדשים חייב ליתן לו בה או דמזבין להו למאן דאזיל בהו התם כגון כפירות וכן המעות של נחשת כמו פירות לגבי כמו שפסק. הני ודאי לא הוו טיבעא כלל אלא פירא נינהו. מטבעות של כסף. כיצד נתן לו דינר של זהב One must clarify that not all gold is The same rules apply to an exchange of בעשרים וחמשה דינר של כסף נקנה הכסף considered currency vis-à-vis other two commodities. If A took possession of אע”פ שעדיין לא בא הכסף לידו וחייב ליתן לו commodities. Only gold coins that are an item from B and agreed to provide a עשרים וחמשה דינר של כסף כמו שפסק עמו used in that location for transactions barrel of fresh wheat as payment, he must אם חדשים חדשים אם ישנים ישנים אבל אם .are considered currency. However, gold provide the barrel of wheat, as specified נתן לו עשרים וחמשה כסף בדינר זהב לא קנה coins that are not in circulation and are Nimmukei Yosef, Bava Metzia 27a עד שיקח הדינר של זהב וכל אחד יכול לחזור בו. Gold dinars vis-à-vis silver coins are not used for transactions such that if one [See, Taz, Yoreh De’ah 162:1 and Chavos considered commodities and similarly wants to transact with them, he must Da’as 162:1, regarding the prohibition of copper coins are like commodities vis- either go to a money changer or go to a ribbis and why it doesn’t apply in this case à-vis silver coins (because these coins place where they are in circulation or sell if the price of wheat rises.] don’t circulate as well as silver). How is them to someone who is going to that השוכר את הפועל ופסק this applied? If A gave B a gold dinar in location, those coins are not considered Source #2b עמו לתת לו כור חטים exchange for 25 silver dinars, A acquired currency at all and are considered זה או בגד זה אם רצה לחזור חוזר ויהיב ליה .the silver, even though it has not reached commodities מידי אחרינא דהא מיחסר משיכה וכדאמרי’ his hand, and B must give A 25 dinars of Rif, Bava Metzia 26b הכא גבי טלה זה והא מחסרא משיכה ואפשר silver exactly as specified; if they specified Discussion Questions: נמי דאפילו פסק עמו חטים סתם אינו חייב new coins, he must give new coins, if לתת לו חטים אלא נותן לו שכרו במעות ... old coins, he must give him old coins. 1.Does Bitcoin meet Rif’s criterion כשפסק עמו חטים כיון שאין סתם שכירות However, if B gave A 25 dinars of silver to be considered a currency? What בחטים אלא שבא לדון עליו מפני שהתנה עמו for a gold dinar, the transaction is not other criteria should be used to בכך לא קנה שהרי לא משך אבל מ”מ נראה complete until B takes the gold dinar and determine whether Bitcoin qualifies שחייב ליתן לו דמיו שאע”פ שגוף הדבר לא ?each party is legally entitled to back out. as currency נקנה מ”מ הרי מתחייב השוכר בשוויו. This is because acquisitions involving 2. According to Rambam, if the] commodities require transfer of the purchase of a commodity was done If one hires a laborer and they agreed commodity from the seller to the buyer. with the understanding that a specific that the laborer would be paid with this Merely paying for the commodity with type of currency would be used for specific barrel of wheat or this specific money is insufficient.] payment, one must use that payment garment, if the employer wants to, he Rambam, Hilchos Mechira 6:3-4 method. Do you think the same can back out of this commitment and Codifying discussions in Bava Metzia 44-45 would apply if they agreed that the pay something else because [the laborer] payment would be with another didn’t take possession of the item. It ברם צרכינן לברורי Source #1b commodity? How would you apply is possible that even if they agreed to דלאו כל דינרי דהבא הוו this question to our case study? Does a generic barrel of wheat, there is no טיבעא לגבי פירי אלא דינרין דסגיין בההוא ,it matter if Bitcoin is considered a requirement to give wheat, but rather אתרא וזבני ומזביני בהו אינשי הוא דהוו currency or commodity? he may pay with cash … When one sets טיבעא אבל דינרי דמיפסלן ולא זבני ומזביני

41 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 wheat in exchange for the value of ואחי הרב המופלג מוהר”ר יהודה הכהן ש”ן wheat as the terms of payment, since it is those commodities, the terms are legally הקשה ממ”ש הר”ן ... שהשוכר את הפועל unusual to pay with wheat, and the only .binding והתנה ליתן לו בשכרו כור חטים זה או אפילו reason to require payment with wheat Ketzos HaChoshen 203:4 כור חטים סתם, אינו חייב ליתן לו חטים is because those were the terms, there אלא מעות ומשום דמחסרא משיכה ... ולכן is no commitment because the laborer :Discussion Questions נראה לענ”ד ... דאפילו מחייב עצמו ליתן זהב ,didn’t take possession of it. However ,According to Ketzos HaChoshen .1 עבור כסף לא מהני, וא”כ אפילו פירי סתמא the employer must pay the laborer his the physical acquisition of an אינו מתחייב עבור מעות, והיינו דינא דהר”ן wages. Even though the laborer didn’t ”item has the ability to “lock in דמעות אינו קונה אפילו להתחייב בכור חטים acquire the specific item, the employer is the terms of payment associated סתמא, ומש”ה בשוכר את הפועל ]אינו חייב nevertheless obligated to pay the value with that acquisition, whereas the ליתן לו חטין[ דמלאכת הפועל אינו אלא כמו .[of the item specified for wages] generation of an obligation to pay a נתינת מעות, אבל מי שמשך בפירות והתנה Rabbeinu Nissim, Avodah Zarah 30b laborer does not. Do you think this ליתן לו חטים במקום דמי הפירות שפיר distinction applies more broadly מתחייב כמו שהתנה. :Discussion Questions 1. Nimmukei Yosef writes that if the Nimmukei Yosef wrote, “The same rules to the difference between purchase terms of the sale are to pay a barrel apply to an exchange of two commodities of goods and purchase of services? of wheat, one must pay a barrel of etc.” My brother, the esteemed R. Yehuda Why or why not? wheat. Rabbeinu Nissim writes the kohen, may his light shine, asked 2. When one receives a restaurant that if the terms of the employment from a comment of Rabbeinu Nissim … bill, what percentage of the bill are to pay the laborer a barrel of that if one hires a laborer … one does goes toward the food and what wheat, there is no requirement not have to pay in wheat … It seems percentage goes towards the to pay a barrel of wheat. Is there to me … that even if one specifically service? If the customer and a dispute between Nimmukei obligated oneself to pay gold in exchange restaurant owner worked out in Yosef and Rabbeinu Nissim or are for the acquisition of silver, it does not advance to pay with a commodity, they dealing with two different work and as such, one cannot be bound according to Ketzos HaChoshen, scenarios? by a promise of a generic commodity in are those terms binding? 2. Rabbeinu Nissim states that even place of money. This is the law described when the employer doesn’t have by Rabbeinu Nissim that currency Concluding Questions: cannot be used for a purchase, even to to pay for the item, he must “pay 1. Dan received a complimentary the value” of the item specified for obligate oneself to pay a generic barrel of wheat and for this reason, if one hires dessert when he decided to pay in wages. What if the value of the item Bitcoin. Does that play a role in this goes up in the interim? a laborer, he is not obligated to pay in wheat because the wages of a laborer case? Why or why not? are considered like money. However, 2. Does the fact that Dan attempted to כתב בנימוקי יוסף Source #3 if one acquired commodities with the pay right away but was unable to affect ודכוותה במטלטלין ... understanding that he would receive the case? Why or why not?

Find more shiurim & articles from Rabbi Joshua Flug at https://www.yutorah.org/rabbi-josh-flug/

42 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 43 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 Rabbi David Aaron, Rabbi Elie Abadie, Yehuda Leib Abberbock, Rafi Abraham, Professor Abraham S. Abraham, Jed H. Abraham, Aaron Abramson, Rabbi David Abuchatzeira, Nina J. Ackerman, Ms. Malka Adatto, Rabbi Elchanan Adler, Rabbi Yosef Adler, Rabbi Moshe Adler, Rabbi Aharon Adler, Dana Adler, Rabbi Yitzchok Adlerstein, AlHaTorah.org, Judy Alkoby, Rabbi Jason Allen, Rabbi Nisson Lippa Alpert, Shiri Alpert, Rabbi William Altshul, Alon Amar, Rabbi Shlomo Amar, Professor Zohar Amar, Joshua Amaru, Claudia Esther Amzallag, Rabbi Hayyim Angel, Ashley Ansel, Shira Apfel, Rabbi Howard Apfel, Dr. Stuart Apfel, Pamela Apfel, Dr. Maryln Applebaum, Rabbi Yaakov Ariel, Rabbi Yosef Leib Arnest, Various Artists, Dr. Adrienne Asch, Sam Ash, Rabbi Pinchas Ashen, Rabbi Dovid Asher, Dr. Shawn Zelig Aster, Shayna Aster, Abigail Atlas, Dr. Gil Atzmon, Rabbi Kenneth Auman, Rabbi Avrohom Ausband, Professor Nathan Aviezer, Rabbi Shlomo Aviner, Chaim Axelrod, Dr. Harvey Babich, Rabbi Elisha Bacon, Dr. Joshua Bacon, Dean Karen Bacon, Rabbi Asher Balanson, Rabbi Hanan Balk, Rabbi Yehuda Balsam, Rabbi Yisrael Balsim, Rabbi Moshe Bamberger, Rabbi Natan Bar-Haim, Yonah Bardos, Dalia Barenboim, Rabbi Noah Baron, Dr. Sara Barris, Rabbi Simon Basalely, Rabbi Tzvi Basch, Rabbi Shalom Baum, Dr. Steven Bayme, Rabbi Mordechai Becher, Rabbi Yosef Gavriel Bechhofer, Katie Becker, Rabbi Assaf Bednarsh, Cantor Bernard Beer, Yitzchak Editor Beis, Rabbi Binyomin Beiser, Rabbi Eli Belizon, Mrs. Rebecca Belizon, Rabbi Shmuel Belkin, Gurion Prime Minister David Ben, Rabbi Eliyahu Ben-Chaim, Geulah Ben-David, Eitan Ben-David, Rabbi Hanan Benayahu, Rebecca Benhaghnazar, Diana Benmergui, Rabbi Moshe Benovitz, Mr. Ronald Benun, Rabbi Simon Benzaquen, Dr. Michael Berger, Rabbi David Berger, Ari Berger, Rabbi Gedalia Berger, Dovi Bergman, Rabbi Moshe Bergman, Rabbi Ozer Bergman, Rabbi Ari Bergmann, Retter Aliza Berk, Netanel Berko, Dr. Jay R. Berkovitz, Rachel Berley, Cantor Moshe Berlove, Rabbi Todd Berman, Rabbi Etan Moshe Berman, Rabbi Ari Berman, Rabbi Saul Berman, Reuven Berman, Rabbi Dr. Joshua Berman, Rabbi , Sara Bermish, Dr. Moshe Bernstein, Ayelet Bersson, Rabbi Yedidya Berzon, Rabbi Azarya Berzon, Rabbi Chananya Berzon, Rabbi Abraham Besdin, Mrs. Rachel Besser, Rabbi Donny Besser, Rabbi Joseph Beyda, Rabbi Ezra Bick, Rabbi Jack Bieler, Rabbi Richard Bieler, Rabbi Jonathan Bienenfeld, Rabbi Marvin Bienenfeld, Amanda Bier, Rabbi Avi Billet, Nun Rabbi Elchanan Bin, Nun Rabbi Yoel Bin, Mrs. Malke Bina, Rabbi Aaron Bina, Rabbi Gidon Binyamin, Pnina Birman, Kaganoff Mrs. Miriam Birnbaum, Rabbi Elichai Bitter, Rabbi Mendel Blachman, Rabbi Josh Blass, Rabbi Yitzchak Blau, Rabbi Binyamin Blau, Rabbi Yonason Blau, Dr. Rivkah Blau, Rabbi , Rabbi Benjamin Blech, Rabbi Dr. J. David Bleich, Dr. Judith Bleich, Rabbi Moshe Bleich, Rabbi Michael Bleicher, Professor Gerald J. Blidstein, Rachel Blinick, Rabbi Akiva Block, Mrs. Dena Block, Elli Bloom, Dr. Norman Blumenthal, Chaim Blumenthal, Tova Bodoff, Faygie Bomzer, Rabbi Herbert Bomzer, Rabbi Yehuda Dovid Borenstein, Dr. Abba Borowich, Yitzchak Brand, Ms. Miryam Brand, Rabbi Reuven Brand, Rabbi Kenneth Brander, Rabbi Asher Brander, Tehilla Brander, Hilda Brandwein, Rabbi Baruch Dov Braun, Rabbi Shmuel Brazil, Professor Marshall J. Breger, Rabbi Yitzchak Breitowitz, Rabbi Mendel Breitstein, Edward Breuer, Rabbi Alan Brill, Rabbi Dov Aaron Brisman, Rabbi Shlomo Brody, Dr. Baruch A. Brody, Rabbi David Brofsky, Mrs. Mali Brofsky, Rabbi Avrohom Bromberg, Rabbi Moshe Bromberg, Rabbi Abba Bronspeigel, Rabbi Yosef Bronstein, Rabbi Chaim Brovender, Dr. Jeremy Brown, Rabbi Moshe Brown, Dr. Erica Brown, Rabbi Michael Broyde, Rabbi Eli Brudny, Rabbi Ephraim Z. Buchwald, Rabbi Reuven Buckler, Rabbi Ephraim A. Buckwold, , Rabbi Ahron Dovid Burack, Fay Burekhovich, Rabbi Steven Burg, Rabbi Mordechai Burg, Robin Burger, Dr. Edward Burns, Esther Burns, Rabbi Menachem Burshtien, Rabbi Yaakov Busel, Rabbi Asher Bush, Rabbi Dr. Nathan Lopes Cardozo, Rabbi Yosef Carmel, Rabbi Shalom Carmy, Rabbi Yigal Chabshush, Rabbi Nachum Chaimowitz, Rabbi Yoni Chambre, Professor Jerome Chanes, Rabbi , Rabbi Yaacov Moshe Charlop, Rabbi Alexander Charlop, Rabbi Yechiel Michel Charlop, Rabbi Leon Charney, Isaac Chavel, Magazine Journal: Chavrusa, Rabbi Yuval Cherlow, Allan Chernikoff, Mrs. Sarah Cheses, Yehuda Chinskey, Nechama Citrin, Rabbi Nachman Cohen, Rabbi Dovid Cohen, Rabbi Shear-Yashuv Cohen, Rabbi Mordechai Cohen, Rabbi Aaron Cohen, Michal Cohen, Rabbi Zev Cohen, Rabbi Aryeh Cohen, Stuart A. Cohen, Rabbi Yitzchok Cohen, Rabbi Yehoshua Cohen, Rabbi Chaim Cohen, Rabbi Tanchum Cohen, Rabbi Jonathan Cohen, Ariella Cohen, Rabbi Alfred Cohen, Mrs. Suzanne Cohen, Cohen, Mrs. Shulamith Cohn, Rabbi Menachem Copperman, Rabbi Eytan Coren, Mrs. Miriam Coren, Ronald Cranford, Rabbi Ari Cutler, Dr. Gabriel Cwillich, Rabbi Shlomo Cynamon, Dr. Michael Dalezman, Yakov Danishefsky, Rabbi Yaacov Darmoni, Dr. Jonathan Dauber, Rabbi Avishai David, Rabbi Aharon David, Rabbi Chanoch Davidman, Rabbi Michael Davies, Rebbetzin Meira Davis, Dr. Perry and Ms. Margy-Ruth Davis, Rabbi Edward Davis, Rabbi Dr Hillel Davis, Mrs. Yocheved Debow, Aryeh Deinstag, Jennifer Deluty, Professor Aaron Demsky, HaTevah Editor Derech, Naftali Derovan, Rabbi Eliyahu Deutsch, Segni Chief Rabbi Riccardo Di, Ariel Diamond, Prof. Jacob Dienstag, Chanie Dinerman, Rabbi Herbert Dobrinsky, Rabbi Mark Dratch, Rabbi Yaacov Drillman, Rabbi Solomon Drillman, Rabbi Yisroel Meir Druck, Rabbi Chaim Druckman, Rabbi Joseph Dweck, Olga Dynina, Rabbi Dovid Ebner, Rabbi Usher Eckstein, Batya Edelman, Chronos Editor, Shema Koleinu Editor, K’tones Yosef Editor, Rabbi Etan Ehrenfeld, Yaakov Ehrenkrantz, Rabbi Yisroel Ehrlich, Rabbi Ally Ehrman, Professor Barry Eichler, L’Torah Editor Einayim, Rabbi Shlomo Einhorn, Rabbi Moshe Einstadter, Mrs Atara Eis, Rabbi Chaim Eisen, Mrs. Mindy Eisenman, Rabbi Chaim Eisenstein, Rabbi Benny Eisner, Zev Eleff, Dr. G.E. Elinson, Rabbi Hagay Elitzur, Rav haRoshi Mordechai Eliyahu, Mrs. Adina Ellis, Rabbi Mickey Ellman, Rabbi Gil Elmaleh, Rabbi Ya’akov Elman, Rabbi Yonatan Emmett, Rabbi Zvi Engel, Shayna English, Sarah Epstein, Mrs. Cheryl Epstein, Tamar Epstein, Rabbi Ephraim Epstein, Rabbi Moshe Erlbaum, Rollhaus Sarah Medved, Esty, Bracha Etengoff, Rabbi Uri Etigson, Dr. Immanuel Etkes, Rabbi Yitzchak Etshalom, Special Events, Deborah Farber, Natan Farber, Rabbi Seth Farber, Rabbi Moshe Faskowitz, Rabbi Yehoshua Fass, Jennifer Fathy, Esti Feder, Ari Federgrun, Jessica Feig, Rabbi Aaron Feigenbaum, Mrs. Aviva Feiner, Rabbi Eytan Feiner, Rabbi , Rabbi Reuven Feinstein, Dr. Carl Feit, Rabbi Yaacov Feit, Rabbi Meir Simcha Feldblum, Rabbi Yitzchak Feldheim, Rabbi Shaul Feldman, Rabbi Daniel Z. Feldman, Rabbi Jonathan Feldman, Rebecca Feldman, Dr. Louis Feldman, Dr. Adam Ferziger, Rabbi Chaim Feuerman, Rabbi Rafi Feurstein, Professor Steven Fine, Rabbi Daniel Fine, Rabbi Reuven Fink, Rabbi Mordechai Finkelman, Dr. Yoel Finkelman, Rabbi Michael Finkelstein, Rabbi Jason Finkelstein, Rabbi Joel Finkelstein, Eitan Fiorino, Meira Fireman, Aliza Fireman, Bernard J. Firestone, Jesse Fischbein, Rabbi Dovi Fischer, Esther Fischer, Rabbi Chonoch Henoch Fishman, Professor Sylvia Barack Fishman, Secunda Mrs. Daphna Fishman, Professor David Flatto, Rabbi Tzvi Flaum, Ms. Elana Flaumenhaft, Rabbi Neil Fleischman, Rabbi Yosef Fleischman, Yishai Fleisher, Rabbi Aaron Fleksher, Rabbi Josh Flug, Rabbi David Fohrman, Rabbi Yoni Fox, Daniel Fox, Dr. Steven D. Fraade, Rabbi Netanel Frankenthal, Ilana Frankiel, Rabbi Ezra Frazer, Esther Frederick, Rabbi Avidan Freedman, Rabbi Lavey Freedman, Rabbi Binny Freedman, Rabbi Zev Freidman, Rabbi Barry Freundel, Daniel Fridman, Frida Fridman, Rabbi Pesachya Fried, Rabbi Yosef Friedenson, Michelle Friedman, Allen Friedman, Rabbi Asher Friedman, Rabbi David Friedman, Rabbi Gavriel Friedman, Dr. Michelle Friedman, Rabbi Mordy Friedman, Dr. Richard Friedman, Sarah Friedman, Josh Friedman, Rabbi Moshe Aharon Friedman, Adam Friedmann, Dr. Michael Frogel, Michael Fruchter, Rabbi Yossi Fuchs, Yechiel Fuchs, Rabbi Ari Fuld, Rabbi Dovid Fuld, Rabbi Meir Fulda, Rabbi Yaakov Furman, Rabbi Milton Furst, Rabbi Mallen Galinsky, Dr. Judah Galinsky, Rabbi Moshe Ganz, Rabbi Naftali Ganzvi, Rabbi Noah Gardenschwartz, Reuven Garret, Tova Gavrilova, Dr. Dan Geisler, Rabbi Eli Gelernter, Mrs. Yael Gelernter, Rabbi Dani Gelertner, Rabbi Shaanan Gelman, Dr. Sheldon Gelman, Rabbi Barry Gelman, Moshe Genack, Rabbi , Rabbi Yitzchak Genack, Yitzy Genack, Rabbi Shai Gerson, Rabbi Shmuel Gerstenfeld, Dr Wiiliam Gewirtz, Rabbi Baruch Gigi, Rabbi Yehuda Gilad, Mr. Alan Gindi, Rabbi Yosef Ginsberg, Rabbi Ari Ginsberg, Rabbi Beinish Ginsburg, Ms. Leslie Ginsparg, Rabbi Daniel Glanz, Debra Glasberg, Shifra Glasner, David Glassberg, Mrs. Chana Glatt, Rabbi Dr Aaron Glatt, Rabbi Ephraim Glatt, Rabbi Ozer Glickman, Arielle Glueck, Cantor Sherwood Goffin, Rabbi Zev Gold, Ronit Gold, Michal Gold, Rabbi Yoni Gold, Rabbi , Rabbi Efrem Goldberg, Mrs. Basheva Goldberg, Noah Goldberg, Rabbi Nosson Goldberg, Rabbi Dr. Judah Goldberg, Rabbi Zev Goldberg, Rabbi Chaim Goldberg, Rebbetzin Yocheved Goldberg, Michelle Goldberg, Mrs. Shayna Goldberg, Rabbi Shraga Goldenhersh, Mrs. Yael Goldfischer, Stephanie Goldglantz, Rabbi Yechiel Goldhaber, Rabbi Shmuel Goldin, Joshua L. Golding, Yedida Goldman, Rabbi Eric Goldman, Dr. Dan Goldschlag, Estee Goldschmidt, Rabbi Yehuda Goldschmidt, Judah Goldschmiedt, Ezra Goldschmiedt, Rabbi Yamin Goldsmith, Ariella Goldstein, Adeena Goldstein, Rabbi Noah Goldstein, Shira Goldstein, Noach Goldstein, Rabbi Shmuel Goldstein, Pearl Chana Goldwasser, Rabbi Dovid Goldwasser, Rabbi , Rabbi Avraham Gordimer, Rabbi Moshe Gordon, Ms. Sara Gordon, Sharon Gordon, Ms. Anne Gordon, Rabbi Noam Gordon, Rabbi Moshe Gorelick, Rabbi Yeruchim Gorelik, Rabbi Mark E. Gottlieb, Rabbi Dovid Gottlieb, Rabbi Yisroel Gottlieb, Elisha Graff, Rabbi Josh Grajower, Dr. Richard V. Grazi, Rabbi Maury Grebenau, Rabbi Mordechai Greenberg, Rabbi Nota Greenblatt, Rabbi Ephraim Greene, Noah Greenfield, Rabbi Lavi Greenspan, Dr. Stuart Greenstein, Dr. Zehavit Gross, Rabbi Yonah Gross, Yonit Gross, Rabbi Dr. Lawrence Grossman, Rabbi Yechiel Grossman, Judy Grossman, Rabbi Zvi Grumet, Yakov Grun, Rabbi Joseph Grunblatt, Dr. Naomi Grunhaus, Yael Grunseid, Rabbi Yehoshua Grunstein, Rabbi Yirmiyahu Gugenheimer, Dr. Jeffrey S. Gurock, Rabbi Yaakov Gurvitz, Rabbi Yaacov Haber, Rabbi Alan Haber, Rabbi Moses Haber, Rabbi Yakov Haber, Dr. Aviad Hacohen, Michelle Haimowitz, Rabbi Shmuel Hain, Rabbi Kenneth Hain, Cantor Asher Hainovitz, Rabbi Lawrence Hajioff, Mrs. Ahuva Halberstam, Rabbi Benzion Halberstam, Professor Yonaton Halevi, Rabbi Levi Yitzchok Halpern, Rabbi Y’rachmael Hamberger, Rabbi Shalom Hammer, Rabbi Zvi Harari, Avi Harari, Mr. Charlie Harary, Rabbi Dr. Michael J. Harris, Rabbi Yehoshua Hartman, Rabbi Daniel Hartstein, Professor Warren Zev Harvey, Rabbi Dr. Pinchas Zuriel Hayman, Ms. Shira Hecht-Koller, Rabbi Herzl Hefter, Dr. Michael Avi Helfand, Rabbi Nathaniel Helfgot, Rabbi Ari Heller, Rebbetzin Tziporah Heller, Shira Heller, Marvin Heller, Rabbi Avi Heller, David Hellman, Rabbi Aryeh Hendler, Rabbanit Chana Henkin, Rabbi Yehuda Henkin, Rabbi Chananel Herbsman, Rabbi Yisrael Herczeg, Marc Herman, Rabbi Zvi Herman, Dr. Ernest Herman, Rabbi William Herskovitz, Mrs. Leah Herzog, Rabbi Isaac Herzog, Rabbi Dr. Richard Hidary, Rabbi Moshe Hilman, Nathalie Hirsch, Rabbi , Rabbi Robert Hirt, Nechama Hochbaum, Rabbi Peretz Hochbaum, Rabbi Shlomo Hochberg, Rabbi Mordechai Hochheimer, Rabbi Michael Hoenig, Malcom Hoenlein, Rabbi Josh Hoffman, Rabbi Yaakov Hoffman, Rabbi David Hollander, Sarah Ariella Hollander, Dr. Shalom Holtz, Rabbi Dr. Barry Holzer, Professor Elie Holzer, Rabbi Yaakov D Homnick, Rabbi Jesse Horn, Rabbi Yaacov Horowitz, Rabbi David Horwitz, Rabbi Raphy Hulkower, Moshe Huss, Dr. Arthur Hyman, Ilana Ickow, Rabbi Eric Ifrah, Rabbi Chaim Ilson, Rabbi Shimon Isaacson, Mrs. Sharon Isaacson, Rabbi Alex Israel, Rabbi David Israel, Drazin Rabbis Stanley M Wagner and Israel, Rabbi Chaim Jachter, Rabbi Ovi Jacob, Rabbi Menachem Jacobowitz, Rabbi Emmanuel Jacobowitz, Yosef Jacobs, Susan Jacobs, Rabbi Ari Jacobson, Rabbi Yaacov Jaffe, Julian Jakobovitz, David Jasphy, Rabbi Netanel Javasky, Daniel Jerome, President , Rabbi Josh Joseph, Rabbi Howard Joseph, Doni Joszef, Revel Journal, Rabbi Dr. Leo Jung, Rebbetzin Esther Jungreis, Mrs. Chani Juravel, Menachem Kagan, Rabbi Yonatan Kaganoff, Mrs. Rivka Kahan, Rabbi Scott Kahn, Rabbi Yair Kahn, Rabbi Aharon Kahn, Rabbi Moshe Kahn, Rabbi Ari Kahn, Rabbi Yosef Kalinsky, Dr. David Kallus, Rabbi Shrage Kallus, Miriam Kalmar, Rabbi Nathan Kamenetsky, Rabbi Shmuel Kamentsky, Rabbi Yisroel Kaminetsky, Rabbi Herschel Kaminsky, Rabbi Ephraim Kanarfogel, Mrs. Ora Lee Kanner, Dena Kapetansky, Rabbi Moshe Kaplan, Mathew Kaplan, Prof. Lawrence Kaplan, Rabbi Nissan Kaplan, Feige Kaplan, Rabbi Mordechai Kaplan, Rabbi Phil Karesh, Dr. Josh Karlip, Dov Karoll, Elisa Karp, Rabbi Mordechai Karpensprung, Henna Kasnett, Mr. Zvi Kaspi, Rabbi Shlomo Katz, Rabbi Michael Katz, Rabbi Yaacov Moshe Katz, Harav Yaakov Katz, Rabbi Ysoscher Katz, Dr. Jill Katz, Shaina Katz, Rebecca Katz, Dr. , Anna Lisa Katz, Rabbi David Katz, Rachel Katz-Sidlow, Adina Katzman, Mrs. Leah Kaufman, Sharon Kaufman, Rabbi Lawrence Keleman, Menachem Kellner, Bracha Kenigsberg, Dr. Barry Kinzbrunner, Dr. Aaron Kirschenbaum, Jennie Kirschner, Rabbi Shmuel Klammer, Rabbi Shlomo Klapholtz, Rabbi Aryeh Klapper, Rabbi Yitzchok Kleiman, Shelley Klein, Dr. Zanvel Klein, Rabbi Nechemia Klein, Yitzy Klein, Rabbi Effie Kleinberg, Rabbi Heshy Kleinman, Mrs. Dena Knoll, Rabbi Nir Knoll, Sandra Knoll, Rabbi Jeffrey B. Kobrin, Rabbi Akiva Koenigsberg, Rabbi Eliakim Koenigsberg, Mrs. Chaya Sima Koenigsberg, Sara Kogan, Eliana Kohanchi, Rabbi Dr. Eli Kohn, Rabbi Yonatan Kohn, Rabbi Chaim Kohn, Zvi Editor Kol, Rabbi Yonatan Kolatch, Rabbi Dr. William Kolbrener, Professor Aaron Koller, Professor Moshe Koppel, Rabbi Yitzchak Korn, Chana Kosofsky, Rabbi Ira Kosowsky, Rabbi Avrum Kowalsky, Yelena Kozirovsky, Rabbi Aaron Kraft, Mrs. Lynn Kraft, Rabbi Yissachar Krakowski, Dr. Chaim Kranzler, Rabbi Simcha Krauss, Aimee Krausz, Jennifer Kraut, Haim Kreisel, Rabbi Elly Krimsky, Rabbi , Rabbi Beni Krohn, Rabbi Dr. John Krug, Rabbi Elyakim Krumbein, Malkie Krupka, Rabbi Moshe Krupka, Miriam Krupka, Batsheva Kuhr, Shuli Kulak, Judah Kurtz, Rabbi Binyamin Kwalwasser, Rabbi Ezra Labaton, Rabbi Yaacov Lach, Chanie Ladaew, Rachaely Laker, Ari Lamm, Rabbi , Rabbi Yehoshua Landau, Rabbi Doneal Lander, Professor Daniel Lasker, Rabbi Yitzchok Laskin, Rabbi Dr. Binyamin Lau, Rabbi Israel Meir Lau, Mrs. Elana Lavenda, Rabbi Naphtali Lavenda, Jennifer Lazaros, Rabbi David Lebor, Rabbi Aryeh Lebowitz, Rabbi Natanel Lebowitz, Rabbi Zev Leff, Rabbi Aryeh Leibowitz, Mrs. Yael Leibowitz, Rabbi Aaron Leibtag, Rabbi Menachem Leibtag, Dr. Shnayer Leiman, Jesse Lempel, Rikah Lerer, Rebbetzin Abby Lerner, Rabbi Eliezer Lerner, Dov Lerner, Ms. Rachel Leshaw, Rabbi Moshe Hakohen Lessin, Rabbi Dovid Lessin, Rabbi Lev, Rabbi Yonah Levant, Herbert Leventer, Ms. Elisheva Levi, Rabbi Yoni Levin, Rabbi Aaron Levine, Rabbi Yosie Levine, Rabbi Dr. Zalman Levine, Dr. Michelle J. Levine, Ms. Adina Levine, Channa Gila Ovits Levy, Russell Levy, Rabbi Zvi Lew, Jacob Lewin, Mr. Nathan Lewin, Jed Lewinsohn, Rabbi Ben Leybovich, Rabbi Aharon Lezer, Rabbi , Rabbi Dr. , Rabbi Mayer Lichtenstein, Rabbi Moshe Lichtman, Avi Lichtschein, Aviva Lieber, Rabbi Zevulun Lieberman, Katie E. Liebling, Emily J. Liebling, Diane Liebman, Rabbi Moshe Tuvia Lieff, Dr. Harry Lieman, Michael Lifshitz, Rabbi , Ohr YULA Boys Likutei, Rabbi Menachem Linzer, Rabbi Dov Linzer, Nikki Lipman, Rabbi Meir Lipschitz, Mrs. Elyse Litwack, Rabbi Josh Livingstone, Dr. Jerry Lob, Dr. Susan Lobel, Elisheva Lobell, Daniel Loewenstein, Professor Naftali Loewenthal, Adina Loewy, Janna Login, Dr. John D. Loike, Rabbi Chaim Loike, Eytan London, Rabbi JosephThe Lookstein, Rabbi HaskelMarcos Lookstein, Rabbi Aharonand Lopiansky, AlizaAdina Loshinsky, Dana Lotan,Katz Daniel Lowenstein, Rabbi Amos Luban, Rabbi Avraham Lubarsky, Ms. Adina Luber, Rabbi Moshe Shimon Luria, Guest Speaker MJE, Maayanot, Rabbi Mordechai Machlis, Adina Maik, Cantor Joseph Malovany, Yair Manas, David Mandel, Rabbi Seth Mandel, Miri Mandelbaum, Rafi Mandelstam, Dr. Vivian Mann, Rabbi Reuven Mann, Rabbi Anthony Manning, Rabbi Eli Mansour, Rabbi Mordechai Marcus, Rabbi Doni Marcus, Rabbi Chaim Marcus, Rabbi Ari Marcus, Rabbi Shmuel Marcus, Sara Margolis, Rabbi Andrew Markowitz, Rebecca Marmor, Hannah Marmor, Rabbi Leonard Matanky, Mrs. Chani Maybruch, Rabbi Shmuel Maybruch, Mrs. Sally Mayer, Rabbi Eitan Mayer, Menashe Mazurek, Michael P. McQuillan, Rabbi Yaakov Medan, Rabbi Menachem Meier, Golda Meir, Juliet Meir, Rabbi Alon Meir, Rabbi , Rabbi Baruch Pesach Mendelson, Rita Mermelstein, Steven Mermelstein, Dr. Ari Mermelstein, Miriam Merzel, Rabbi Ami Merzel, Rabbi Eliezer Mescheloff, Journal Editor Mesora, Rabbi Ephraim Meth, Editor, Mibayit, Moshe Miller, Mrs. Miriam Miller, Rabbi Eliezer Miller, Mr. Yoni Miller, Talia Miller, Rabbi Israel Miller, Rabbi Dovid Miller, Rabbi Michael Miller, Halev Dvarim Hayotzim Min, Rabbi Dovid Mintz, Rabbi Adam Mintz, Mrs. Norma Mintz, Marcy Miodownik, Rabbi Judah Mischel, Rabbi Jonathan Mishkin, Orit Montrose, Rabbi Ari Mor, Rabbi Boaz Mori, Rabbi Shalom Morris, Nicole C. Moskowitz, Rabbi Philip Moskowitz, Eliza Moskowitz, David Moster, Rabbi Levi Mostofsky, Dr. Yael Muskat, Rabbi Michael Myers, Rabbi Dovid Nachbar, Rabbi Yakov Nagen, Rabbi Francis Nataf, Mois Navon, HaRav Avigdor Nebenzahl, Mrs. Sima Neiger, Asher Nemes, Rabbi Sheftel Neuberger, Rabbi Yaakov B. Neuburger, Rebbetzin Peshi Neuburger, Motti Neuburger, Mrs. Gitta J. Neufeld, Mrs. C.B. Neugroschl, Dr. Kalman Neuman, Mrs. Pnina Neuwirth, Rabbi Ronen Neuwirth, Mrs. Chani Newman, David Nimmer, Rabbi Menachem Nissel, Dr. Steve Nissenfeld, Helen Nissim, Ms. Marianne Novak, Dr. Rona Novick, Macy Nulman, Rabbi Yosef Nusbacher, Hamizrach Editor Ohr, Rabbi Michael Olshin, Rabbi Yeruchem Olshin, Dr. Jess Olson, Rabbi Dr. Natan Ophir, Rabbi Maurice Oppenheimer, Rabbi Dovid Ordman, Rabbi Uri Orlian, Dr. Mitchell Orlian, Rabbi Meir Orlian, Rabbi Itiel Oron, Rabbi Asher Oser, Dr. Harry Ostrer, Rabbi Eli Ozarowski, Rabbi Joseph Ozarowski, Zemirah Ozarowski, Rabbi Chaim Packer, Rabbi David Pahmer, Mrs. Lori Palatnik, Rabbi Yehoshua Paltiel, Rabbi Shraga Feivel Paretzky, Rabbi Michael Parnes, Rabbi Yehuda Parnes, Dahlia Pasik, Dr. Moses Pava, Dr. Betzalel Pearl, Marina Pekar, Dr. David Pelcovitz, Rabbi Marc Penner, Dr. Ronnie Perelis, Rabbi Shlomo Perelstein, Gil S. Perl, Rabbi Yaacov Perlow, Leora Perlow, Rabbi Benny Pflanzer, Rabbi Eli Pielet, Rabbi Uri Pilichowski, Rabbi Tuli Polak, Rabbi Dale Polakoff, Rabbi Ephraim Polakoff, Dr. Nehemia Polen, Rabbi Moshe Ahron Poleyeff, Jennifer Polin, Professor Michla Pomerance, Rabbi Zev Pomeratz, Rabbi Adir Posy, Rabbi Chaim Poupko, Rabbi Yossi Prager, Rabbi Sinai Prebor, Mrs. Chana Prero, Rabbi Tani Prero, Mrs. Zlata Press, Schwartz Dr. Rebecca Press, Leyna Pressman, Rabbi David Pri-Chen, Rabbi Baruch Price, Mrs. Nechama Price, Rabbi Zev Prince, Rabbi Steven Pruzansky, Ari Pruzansky, Rabbi Menachem Raab, Alumni RIETS Rabbinic, Mrs Deena Rabinovich, Abigail Rabinowitz, Rabbi Emmanuel Rackman, Rabbi Ariel Rackovsky, Rabbi Yoel Rackovsky, Reena Radzyner, Charles M. Raffel, Rabbi Aaron Rakeffet-Rothkoff, Rabbi Naftoli Rakow, Rabbi ZviA Ralbag, Project Rabbi Dani Rapp, Dr. of Chaya Yeshiva Rapp, Jason Rappoport, University Adina Raskas, Dr. Aviezer Ravitzky, Center Rabbi Chaggai Raviv, for Tehilla the Raviv, Rachel Jewish Rechthand, Rabbi Future Dovid Refson, Rabbi Eli Reich, Rabbi Uren Reich, Rabbi Dr. Michael Reichel, Rabbi Dr. Edward Reichman, Rabbi Zev Reichman, Rabbi , Rabbi Moshe N. Reichman, Rabbi Daniel Reifman, Rabbi Dr. Jacob Reiner, Rabbi Yehoshua Reinitz, Ilana Reinman, Rabbi Yosef Reinman, Alyssa Reisbaum, Rabbi Yisroel Reisman, Rabbi , Phillip Reiss, Rachel Renz,YUTorah.org Daniel Retter, Lenore Ribalt, Rabbi Gershon Ribner, Rabbi Isaac Rice, Rabbi Nosson Rich, Effie Richmond, Mrs. Sharon Richter, Rabbi Jonathan Rietti, Rabbi Ephraim Rimel, Rabbi Yosef Zvi Rimon, Rabbi , Rabbi Avraham Rivlin, Rabbi Shaul Robinson, Dr. Avigail Rock, Rivkah Rogawski, Rabbi Zvi Romm, Rabbi Zvi Ron, Rabbi Zev Roness, Alisa Rose, Rabbanit Gilla Rosen, Avigayil Rosen, Rabbi Shlomo Dov Rosen, Rabbi Menashe Rosen, Rabbi Menachem Rosenbaum, Mrs. Aliza Rosenbaum, Adam Rosenberg, Rabbi Nachman Rosenberg, Rabbi Moshe Rosenberg, Rabbi Dr. Bernhard Rosenberg, Juliana Rosenblat, Elan Rosenblat, Rabbi , Chana Rosenblatt, Kate Rosenblatt, Tamar Rosenblum, Rabbi Rafi Rosenblum, Dr. Jennie Rosenfeld, Lea Rosenfeld, Rabbi Daniel Rosenfeld, Rabbi Joey Rosenfeld, Josh Rosenfeld, Dr. Wayne Rosenkrans, Rabbi , Rabbi Yonatan Rosensweig, Professor Smadar Rosensweig, Rabbi Dr. Berel Rosensweig, Rabbi Moshe Ariel Rosensweig, , Dr. Philip Rosenthal, Rabbi Pinny Rosenthal, Eliyahu C. Rosman, Rabbi Dovid Rosman, Dr. David Rosmarin, Dr. Fred Rosner, Rabbi Shalom Rosner, Rabbi Aaron Ross, Shira Roszler, Willie Roth, David Roth, Rabbi Sol Roth, Rabbi Yerachmiel Rothberger, Dr. Daniel Rothenberg, Rabbi Jeff Rothman, Rabbi Gidon Rothstein, Rabbi Larry Rothwachs, Rabbi Yitzchak Rubin, Dr. Berish Rubin, MeiraDaily Rubin, Rabbi Bezalel Shiur Rudinsky, Rabbi Sheldon • Rudoff,Daf Mrs. Bracha Yomi Rutner, Dr. Daniel •Rynhold, Parshat Rabbi Lord Jonathan Sacks, Rabbi HaShavua Yoni Sacks, Rabbi , David Sacks, Miriam Sadres, Rabbi Barak Saffer, Professor Chaim Saiman, Alan Sakowitz, Mrs Ilana Saks, Rabbi Jeffrey Saks, Noam Salamon, Rabbi Matisyohu Salomon, Dr. Nili Samet, Benjamin Samuels, Henry Sapoznik, Rabbi Chaim Dovid Sapperstein, Rabbi Yehuda Sarna, Dr. Jonathan Sarna, Rabbi Jake Sasson, Rabbi Noach Sauber, Rabbi Nachum Sauer, Mr. Steve Savitsky, Rabbi Melech Schachter, Rabbi Shay Schachter, Rabbi Jonathan Schachter, Rabbi Hershel Schachter, Rabbi Dr. Jacob J Schacter, Mrs. Shifra Schapiro, Mrs. Shoshana Schechter, Dr. Yitzchak Schechter, Melissa Schenker, Rabbi Nosson Scherman, Dr. Marvin Schick, David Schiff, Rabbi Mordechai Schiffman, Dr. Lawrence Schiffman, Weinberg Aviva Schiffmiller, Rabbi Mayer Schiller, Mrs. Shira Schiowitz, Rabbi Kenny Schiowitz, Rabbi Hanan Schlesinger, Dr. David J. Schnall, Rabbi Etan Schnall, Rabbi Shmuel Schneid, Eli Schneider, Malka Schneider, Dr. Shmuel Schneider,Halacha Rabbi Avi Schneider, Rabbi Dovid •Schoen, History Cheryl Schonbrun, Rabbi Fabian • Schonfeld, Machshava Mrs. Dina Schoonmaker, Rabbi Avrohom Schorr,• and Rabbi Zev Schostak, much Mr. Stuart Schrader, Professor more! Peninnah Schram, Devorah Schreck, Aaron Schreiber, Rabbi Dani Schreiber, Rabbi Avie Schreiber, Dr. Nicole Schreiber-Agus, Rabbi Dov Schreier, Dr. Adiel Schremer, Rabbi Max Schrier, Dr. Joshua Schuchatowitz, Dr. Alyssa Schuck, Rabbi Shlomo Feival Schustal, Ari Schwab, Dr. Victor Schwartz, Rabbi Gedalia Dov Schwartz, Dr. Dov Schwartz, Rabbi Yosef Schwartz, Rabbi , Dr. Carmi Schwartz, Suzy Schwartz, Rabbi Allen Schwartz, Rabbi Dr. Jonathan Schwartz, Shira Schwarzenberger, Dr. Shai Secunda, Rachel Secunda, Anya Sedletcaia, Don Seeman, Rabbi Aaron Segal, Rabbi Ilan Segal, Atara Graubard Segal, Rabbi Ari Segal, Michelle Segall, Rabbi Tsvi Selengut, Nili Seleski, Samantha Selesny, Rabbi Aaron Selevan, Yosefi Seltzer, Ms. Maya Sen, Rabbi Ari Senter, Mrs. Lisa Septimus, Rabbi Yehuda Septimus, Rabbi Dr. David Shabtai, Rabbi Ian Shaffer, Rabbi Bentzion Shafier, Aviva Shafner, Rabbi Moshe Shamah, Cantor Brian Shanblatt, Rabbi Moshe Shapira, Rabbi Ezra Shapiro, Professor Marc B. Shapiro, Rabbi Moshe Shapiro, Yosef Sharbat, Dr. David Shatz, Rabbi Avraham Aharon Shatzkes, Ora Sheinson, Dovid Sher, Rabbi Zvi Shiloni, Ora Shinnar, Rabbi Dr. Michael Shmidman, Rabbi Shmuel Dovid Shmuelevitz, Dr. Laurence Shore, Rochelle Shoretz, Mr. Barry Shrage, Raphael Shuchat, Rabbi , Rabbi Nison Shulman, Rabbi Avraham Shulman, Rabbi Moshe Shulman, Rabbi Matis Shulman, Rabbi Robert Shur, Rabbi Ari Shvat, Dr. David Shyovitz, Rabbi Andrew Sicklick,Over Rabbi Aharon 130,000 Siegel, Rabbi Michael Siev, shiurim Shechter Mrs. Shira Siev, and Rabbi Shmuel articles Silber, Rabbi David and Silber, Rabbi growing Ahron Silver, Rabbi Eliezer every Silver, Rabbi Eliav day. Silverman, MalkiAll Silverman, materials Mrs. Malka Simkovich, Rabbi Moshe Simkovich, Rabbi , Roy Simon, Rabbi Ephraim Simon, Shoshana Simpson, Rabbi Tzvi Sinensky, Mrs. Tova Sinensky, Rabbi Shlomo Singer, Mrs. Rebecca Skaist, Rabbi Yigal Sklarin, Dr. Karl Skorecki, Dr. Robert Slater, Rabbi Nosson Slifkin, Mrs. Shira Smiles, Rabbi Yoel Smith, Sarah Snider, Rabbi Moshe Snow, Dr. Charles Snow,available Mrs. Atara Snowbell, David for Snyder, download Rose Snyder, Proffesor Haim Sober,completely Rabbi Zvi Sobolofsky, Dr. Efrat free. Sobolofsky, RabbiSubscribe Moshe Sokolow, Loriel J. Solodokin,to a Rabbipodcast Jonny Solomon, Rabbi or Moshe e-mail Soloveichik, Rabbi Yosef Soloveichik, Rabbi Aaron Soloveichik, Pesia Soloveichik, Rabbi Meir Y. Soloveichik, Rabbi Chayim Soloveichik, Rabbi Joseph B. Soloveitchik, Dr. , Rabbi Elon Soniker, Rebecca Sontag, Rabbi Moshe Chaim Sosevsky, Professor Daniel Sperber, Shubert Spero, Rabbi Moshe Halevi Spero, Miryam Spiegel, Rabbi Zevi Spitz, Mrs. Rena Spolter, Rabbi Reuven Spolter, Rabbi Binyamin Staiman, Dr. Shaul Stampfer, Julie Stampnizky, Rabbi Moshe Stav, Rabbi David Stav, Rabbi Moshe Stavsky, Rabbi Aryeh Stechler, Rabbi , Rabbi Michael Stein, Rabbi David Stein, Hain Mrs. Elana Stein, Aaron Steinberg, Rabbi Ephraimsubscription M. Steinberg, Dr. Avraham Steinberg, of Rabbi your Yitzchak Steinberg, favorite Dr. Mark Steiner, speaker Rabbi Daniel Steinherz, orRabbi Avrohom series. Chaim Steinwutzel, There’s Dr. Baruch Sterman, something Marc Stern, Rabbi Jeremy Stern, for Chana Stern, Rabbi Mordechai Sternberg, Rabbi Raphael Stohl, Rabbi Abraham Stone, Rabbi Elly Storch, Rabbi Dr. Moshe Strauch, Rabbi Chaim Strauchler, Rafi Strauss, Aviva Stroh, Rael Strous, Rabbi Josh Strulowitz, Rabbi Gil Student, Medical Ethics Society Student, Rabbi Ben Sugerman, Rabbi Dovid Sukenik, Rabbi Yehuda Susman, Jennifer Suss, Aviva Sussman, Lisa Sutton, Rabbi Ari Sytner, Aviva Szigeti, TABC, Rebecca Tabaroki, Rabbi Aviad Tabory, Rabbi Binyamin Tabory, Mrs. Merav Tal-Timen, Rabbi Efraim Tannenbaum, Rabbi Moshe Taragin, Mrs. Shani Taragin, Rabbi Reuven Taragin, Dr. Ira Taub, Rabbi Shmuel Taub, Rabbi Michael Taubes,everyone Ms. Shuli Taubes, Professor on Hayim Tawil,the Mrs. Natalielargest Taylor, Mrs. Penina web Taylor, Shukisite Taylor, for Rabbi Michael Jewish Teitcher, Mrs. Ayala learning Teitcher, Rabbi Moshe online. Teitelbaum, Rabbi Mordechai Pinchas Teitz, Rabbi , David Teller, Da’at Editor, Ten, Rabbi Mordechai Tendler, Rabbi Moshe D. Tendler, Mechal Tesser, Rachel Thaler, Devorah Thaler, Rabbi Yaacov Thaler, Chavrusa Editor The, Lamdan Editor The, Rena Thomas, Yocheved Tirschwell, Editor To-Go, Eretz Yisrael Institute Torat, Rabbi Mordechai Torczyner, Kollel YU-Torah miTzion , Rabbi Moshe Trachtman, Mrs. Amy Tropp, Rabbi Ya’akov Trump, Rabbi Moshe Tuchman, Rabbi Gershon Turetsky, Rabbi Yehuda Turetsky, Dr. Ilana Turetsky, Mrs. Atara Turoff, Rabbi Mordechai Turoff, Rabbi Dr. Abraham Twerski, Rabbi Mayer E. Twersky, Rabbi Dr. Yitzchak Twersky, Rabbi Yitzchok Twersky, Rabbi Avi Tzarfati, Rabbi Moshe Tzuriel, Journal Editor Torah U-Madda, Dr. Jacob B. Ukeles, Rabbi Moshe Ungar, Rabbi Reuven Ungar, Helen Ayala Unger, Rabbi Dudi Unknown, Artists Various, Yerape Editor, Verapo, Rabbi Jake Vidomlanski, Chava Vogel, Rabbi Shmuel Volk, Rabbi Dr. Asher Wade, Rabbi Shmuel Wagner, Rabbi Shlomo Wahrman, Dr. Stanley Waintraub, Rabbi Joseph Waldman, Rabbi Avraham Walfish, Rabbi David Walk, Rabbi Ira Wallach, Rabbi Gedalia Walls, Rabbi Moshe Walter, Rabbi Dr. Ronnie [A. Yehuda] Warburg, Rabbi Shamai Warman, Dr. Sylvia Wassertheil-Smoller, Professor Chaim Waxman, Rabbi Ari Waxman, Kenneth Waxman, Rabbi Yehoshua Weber, Eli Weber, Rabbi Yechiel Weberman, Aliza Weg, Mrs. Yael Weil, Malka Weil, Rabbi Steven Weil, Rabbi Berel Wein, Dovid’l Weinberg, Rabbi Noach Weinberg, Rabbi Shmuel Weinberg, Rabbi Moshe Tzvi Weinberg, Gabrielle Weinberg, Rabbi Noam Weinberg, Yoni Weinberg, Yehudit Weinberger, Rabbi , Rabbi Yechiel Weiner, Sarah Weinerman, Rabbi Moshe Tzvi Weingarten, Rabbi Dr. Tzvi Hersh Weinreb, Anna Weinstein,www.facebook.com/yutorah Freyda Weinstein, Elisheva Weinstein, Rabbi Baruch Weintraub, Sabrina Weisman, Rabbi Zvi Weiss, Rabbi Dr. Richardwww.twitter.com/yutorah Weiss, Rabbi Joseph Weiss, Dr. Shira Weiss, Rabbi Avraham Weiss, Zvi Weissler, Rabbi Elie Weissman, Rabbi Shlomo Weissmann, Rabbi Gideon Weitzman, Rabbi Yehuda Werblowsky, Rabbi Yaakov Werblowsky, Josh Wernick, Aryeh Westreich, Aron White, Rabbi Daniel Whitman, Rabbi Baruch Wieder, Rabbi , Rabbi Netanel Wiederblank, Mrs. Miriam Wielgas, Jonathan Wiesen, Rabbi Mark Wildes, Temima Wildman, Rabbi Avraham Willig, Rabbi Mordechai I. Willig, Rabbi Moshe Willig, Rabbi Yehudah Willig, Rabbi Akiva Willig, Rabbi Leible Williger, Rabbi Neil Winkler, Rabbi Arnie Wittenstein, Sarah Wizman, Rabbi Simon Wolf, Rabbi Daniel Wolf, Mrs. Devorah Wolf, Rabbi Eliyahu Wolf, Bella Wolf, Rabbi Moshe Wolfson, Rabbi Pesach Wolicki, Dr Bernd Wollschlaeger, Rabbi Dr. Jeffrey Woolf, Rabbi Walter Wurzburger, Professor Michael Wyschogrod, YOFHS, YUTORAH, Mrs. Amit Yaghoubi, Rabbi Yechezkel Yakovson, Rabbi Michael Yammer, Rachel Yamnik, Rabbi Chaim Yanetz, Rabbi Gershon Yankelewitz, Daniel Yaros, Rabbi Yoel Yehoshua, Rabbi Zvi Yehuda, Ohad Yishai, Rabbi Ovadia Yosef, Rabbi Benjamin Yudin, Rabbi Andi Yudin, Rabbi Aryeh Yudin, Dr. Leon Zacharowicz, Rabbi Yisrael Meir Zachs, Debra Zahrnest, Rabbi Ari Zahtz, Chava Zakharevich, Dov Zakheim, Dr. Raphael Zarum, Tov Editor Zeved, Rabbi Reuven Ziegler, Dr. Yael Ziegler, Adam Zimilover, Rabbi Binyamin Zimmerman, Rabbi Eliyahu Zimmerman, Dr. Deena Zimmerman, Rabbi Zvi Zimmerman, Rabbi Hillel Zinkin, Jonathan Ziring, Dovid Zirkind, Ari Zivotofsky, Devorah Zlochower, Itamar Zolberg, Rabbi Herschel Zolty, Rabbi Saul Zucker, Rabbi Shmuel Zucker, Dani Zuckerman, Shlomo Zuckier, Dr. Efraim Zuroff, Rabbi Eliezer Zwickler, Rabbi Michoel Zylberman, Madeline deLone, America Beth Din of,

44 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778