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Kol Hamevaser Contents Kol Hamevaser Volume III, Issue 7 The Magazine of the May 17, 2010 University Student Body 4 Sivan 5770 Opinions

Chana Cooper 3 Aseh Lekha : Opening Channels of Staff Communication to Stern Students

Editors-in-Chief Seth Herstic 4 Degrees of Separation: A Farewell to Sarit Bendavid Yeshiva College Shaul Seidler-Feller Associate Editors Jonathan Ziring 7 Kol Hamevaser : Creating a Commu - Ilana Gadish nity Shlomo Zuckier Halakhah and Layout Editor Chaim Cohen Dr. Lawrence H. Schiffman 8 History and Liturgy: The Evolution of Mul - Copy Editor tiple Rites Benjamin Abramowitz Editor Emeritus Shlomo Zuckier 11 Ha-Mahamir, Mah Tavo Alav? : Religious Alex Ozar Stringencies and Their Psychological Con - siderations Staff Writers AJ Berkovitz Dr. Richard Hidary 12 Minhag and Halakhah in the : A Chaya Citrin Cross-Cultural Study Jake Friedman Nicole Grubner Nate Jaret Daniel Fridman 15 Collective Memory and Haroset Ori Kanefsky Alex Luxenberg Jonathan Ziring 16 Halakhah: More than Just Yossi Steinberger Jonathan Ziring Ariel Pinn 19 The Synthesis of Heritage and Personal In - novation Webmaster Ben Kandel Staff 21 An Interview with Rabbi Hershel Schachter Cover Design Yehezkel Carl Shlomo Zuckier 25 Creativity, Not Formalism: Towards a Sur - vey of Rav Yoel Bin-Nun’s Halakhic Business Manager Methodology Saadia Fireman General Jewish Thought About Kol Hamevaser Kol Hamevaser is a magazine of Jewish thought dedicated to sparking Shlomo Zuckier 27 An Interview with Lord the discussion of Jewish issues on University campus. It Jonathan Sacks will serve as a forum for the introduction and development of new ideas. The major contributors to Kol Hamevaser will be the undergrad - Rabbi Joseph B. Soloveitchik 28 A Yid iz Geglichn tzu a Seyfer Toyre uate population, along with regular input from RIETS Rashei Yeshivah, YU Professors, educators from Yeshivot and Seminaries in , and outside experts. In addition to the regular editions, Kol Hamevaser will Periel Shapiro 30 The Forgotten Torah be sponsoring in-depth special issues, speakers, discussion groups, shabbatonim , and regular web activity. We hope to facilitate the reli - gious and intellectual growth of and the larger - ish community. This magazine contains words of Torah. Please treat it with proper respect . 2 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag Opinions Aseh Lekha Rav :i Opening Channels of Communication to Stern Students

BY: Chana Cooper by various recent changes at Stern, including gives a weekly shi’ur on the Beren Campus, able in the religious world and willingly submit the creation of the daily Beit track for but he is the only Rosh Yeshivah to do so. Ad - themselves to its rabbinic authority, women n a recent interview with Kol Hamevaser ,ii Judaic courses and the introduction of a ditionally, the Torah Scholarship Series brings must have the sense that the truly under - Rabbi Yaakov Neuberger expressed his op - Seder program. Nonetheless, the Torah learn - Rashei Yeshivah to Beren for one-time stand their position, especially when the issue Iposition to the institution of yo’atsot Ha - ing opportunities available at Stern are still shi’urim, enabling students to have the privi - at hand is specifically a women’s issue. With - lakhah (halakhic advisors on issues of Family lacking. While YU’s undergraduate men are lege of hearing from these rabbanim at Stern. out this level of trust, their dedication to reli - Purity), asserting that allowing women into po - blessed with Rashei Yeshivah who are talmidei These shi’urim are very popular among Stern gious practice and respect of religious sitions of halakhic authority would drive a hakhamim of the highest order, Stern students students and are well attended. Batya Matla authority is most likely severely weakened. wedge between female congregants and their have minimal opportunities to learn from them, Herzberg, the creator of the Torah Scholarship There is much to be done in order to in - communal rabbi. He stated further that rabbis which is both unfortunate and, in my view, un - Series, developed the program with two goals crease the presence of Rashei Yeshivah on the “are and want to be very involved in the full fair. As an institution, Yeshiva University is in mind: “Firstly, to allow Stern girls the op - Beren Campus, affording Stern students more needs of the community, including women’s is - dedicated to the intellectual and religious de - portunity to learn Torah from some of the opportunities for learning Torah, seeking ad - sues,” and that it is necessary to “create venues velopment of students in of all of its under - greatest Torah scholars Yeshiva University has vice from our leaders, and developing a sense and formats” in which women can feel com - graduate programs, both the men’s and to offer, and secondly, to increase the dialogue of mutual understanding between YU’s women fortable discussing any issue with their rav .iii women’s colleges. To allow one college max - with the Rashei Yeshivah to give students the and its Rashei Yeshivah. Weekly classes given sense that our leaders are in touch with all parts by the Rashei Yeshivah similar to Rav Gold - “While YU’s undergraduate men are blessed with of the community, including Stern.” iv After one wicht’s would be a very welcome develop - such shi’ur given by Rabbi Herschel Reich - ment. An expansion of the Torah Scholarship Rashei Yeshivah who are talmidei hakhamim of the man, Herzberg recalled, students lined up to Series would also be well received, so that in - ask questions pertaining to many different stead of giving one-time shi’urim, rabbis could highest order, Stern students have minimal opportu - areas of Jewish interest, extending well beyond deliver a whole series of shi’urim in install - the topic of the shi’ur. “There is a genuine ments throughout the semester, allowing these nities to learn from them, which is both unfortunate thirst for more Torah at Stern and the Torah lectures to take place both more often and be Scholarship Series is a great way to partially more in-depth. Additionally, Stern has many and, in my view, unfair.” satisfy that,” said Herzberg. However, these wonderful shabbatonim which would greatly occasional shi’urim by definition cannot be benefit from the presence of the Rashei I do not wish to address the issue of yo’at - imal access to the greatest Torah resources of very in-depth, and thus the amount of Torah Yeshivah (currently, a few selected Rashei sot Halakhah and female rabbinic leadership YU and the other minimal access is not in ac - Stern students can learn on these occasions is Yeshivah come down to Stern only a couple in this article, but rather would like to focus on cordance with the principles of our institution. limited. The infrequency also means that stu - times a year for shabbatonim ). The ideas listed the women-rabbi relationship that Rabbi Neu - Providing Stern students little access to dents who want to ask religious questions here are just a few of the ways to increase the berger discusses. In Stern College, the women- the rabbinic leaders of our community not only rarely tag">get the opportunity to do so. number of interactions of the Rashei Yeshivah rabbi rift is not a theoretical one. The venues deprives those seeking to learn more Torah, but The desire to have access to the rabbinic with the women of Stern College, but there are that he discusses offering opportunities for in - also precludes the opportunity for them to seek leaders of the Yeshiva University community certainly many more. Hopefully, these changes teraction between students and the rabbinic advice and ask questions from these leaders. is not merely driven by the eagerness to learn will expand the dialogue between the two par - leaders of our community are currently very Stern does have mashgihim ruhaniyyim (spiri - from the best Torah resources in YU and have ties and allow them to work together in mini - limited at Stern College, and the sense that the tual counselors) who are available for students the opportunity to ask them questions on nu - mizing the women-rabbi rift. YU’s Rashei Yeshivah are and want to be in - to turn to for guidance. They are very active in merous areas of Jewish life. It is also essential volved in the needs of the next generation of the Stern community and their presence is a that rabbinic leaders have a thorough and true women is not strongly felt. While this senti - tremendous contribution to the Beren Campus. understanding of the perspectives and needs of ment may not be accurate, there is little dia - However, although their leadership is greatly all of a community’s constituents in order to Chana Cooper is a junior at SCW major - logue between the rabbinic figures and Stern appreciated, the desire to speak with the ha - render the best possible decisions for that com - ing in Physical Sciences. students to assure them otherwise. The lack of lakhic and hashkafic leaders of the YU com - munity. Without much dialogue between the access to the great rabbinic leaders of Yeshiva munity is still strongly felt. In accordance with women of the community and the rabbis mak - for those on the Beren Campus is a tremendous Rabbi Neuberger’s words, the Rashei Yeshivah ing the decisions, their halakhic rulings will loss for students who yearn to learn more should be available to all members of the com - more likely be ineffective or misplaced. Not Torah and wish for the opportunity to ask them munity, including women at Stern. only is it important for our rabbis to relate to i Avot 1:6. halakhic and hashkafic questions. Additionally, ii Staff, “An Interview with Rabbi Yaakov Neu - the distance between the Rashei Yeshivah and “In order to feel comfortable in the religious world berger,” Kol Hamevaser 3,2 (November 2009): Stern women is potentially damaging for our 11-13, at p. 12. community, which depends upon a bridge of and willingly submit themselves to its rabbinic au - iii Ibid., p. 12. understanding between its leaders and its con - iv Based on a personal conversation with her. stituents. thority, women must have the sense that the rabbis More than at any other time in history, Jewish women today have incredible opportu - truly understand their position, especially when the nities for involvement in Torah learning. This issue at hand is specifically a women’s issue.” is particularly true in Stern College, where stu - dents are exposed to a remarkable quantity and Fortunately, there are a number of occa - all parts of the religious community, but it is quality of Torah learning. There is a tremen - sions on which Stern women can learn from also necessary for individuals to feel that their dous desire for growth in learning, as reflected the Rashei Yeshivah. Currently, Rav Goldwicht needs are understood. In order to feel comfort -

Volume III, Issue 7 www.kolhamevaser.com 3 Kol Hamevaser Degrees of Separation: A Farewell to Yeshiva College i

BY: Seth Herstic ish and secular wisdom. When it comes to in - his resume. He writes, and writes much, be - well on the test, he does well on the test in tellectual struggles arising from Torah u- cause to him the written word seems more last - order to get an A in the class, he wants an A in 1. Madda, the YC student need only surf the Web ing than the spoken. He objectifies everything the class in order to achieve a high GPA, and or the YU library to decide which of the mul - he can in order to advance his presence in the he wants a high GPA so he can get into a top f the stereotypical Yeshiva College student titudinous extant articles addressing his partic - world. He even exploits his own heart by graduate program. After he gets into the top suffers the pangs of some inner conflict ular question he would like to turn to for recording all of his sentiments on a blog. To graduate program he earns a career from which Iunique to him, then what is the nature of answers. Thus, if there still is a unique plague keep a journal is not enough! He thinks, “What he is disconnected and which he wishes to that conflict? Over the years, many have found of inner turmoil that afflicts the YC undergrad, good are my feelings if I cannot use them to leave for a more glorified or better-paying job. the answer in the “double-curriculum” that our it cannot be the plague of content-conflict aris - increase my fame?” ii And he publishes; be - But Adam the First views people as means as college demands. According to this theory, ing from a double program, for there now ex - cause this, he thinks, more than simply well. He exhibits warmth and flatters others to YC’s emphasis on and secular ists an overstocked intellectual pharmacy to friends and in journals, will ensure his im - land an interview or infiltrate a social network; knowledge is to blame for its students’ unique offering myriad medicinal options for alleviat - mortality. He avoids the amorphous, shuns the he befriends one person simply to get in touch religious confusion and torment. Simply put, ing and curing this plague. subjective, and mocks the immeasurable be - with another; he “kisses up” to professors to as the proponents of this theory say, the con - If there still is a real, rampant, conflict cause such things cannot be stacked upon each ensure high marks. He views people as objects tents of the morning program and afternoon rending many a YC student in two, then it is other in clean rows and shown off. They cannot and even collects them on Facebook. Eventu - program clash, and this content clash creates not intellectual in nature, but experiential or be used. Instead, he turns to quantity so that he ally, he marries a woman whose is also inner clashes in undergraduates. Whereas the existential. If there still is a Torah u-Madda will not disappear. He has either been con - just a means to an end. Due to his fixation on morning program preaches absolute faith in plague, then it is not to be detected in the col - vinced or convinced himself that if he fills filling space and achieving kavod , he resents God, His Torah, and the Truth of , the lege catalogue or course schedules. It is not an space, with himself and with objects, he will his peers for their accomplishments and is afternoon schedule teaches relativism, skepti - issue of subject matter. Rather, the conflict, the exist and matter more . Thus, Adam the First is often beset by a fiery jealousy. iii All of this be - cism, and . Apparently, these conflict - clash in the mind and heart of the YC student, really after glory, kavod (which literally means cause he is driven by quantity. ing messages, taught by disagreeing is due to exposure to and the desire for contra - “mass” or “heaviness”). If he achieves glory, pedagogues who do not respect one another’s dictory modes of living, modes of living which he exists. 3. worldviews, make a terrible mess in the hearts each attract a part of his fundamental humanity. Because wanting to exist means wanting and minds of YC students. Although this tension takes on a unique form to exist completely, Adam the First’s greatest At the other end of the human spectrum dream is to live forever, to be an immortal. sits the Spiritual Man. iv Do not misunderstand “Thus, if there still is a unique plague of inner turmoil Therefore, the greatest enemy of Adam the him or cheapen his title! He is not necessarily First is time. Time limits Adam the First and spiritual because he often dances in circles, that afflicts the YC undergrad, it cannot be the plague his accomplishments. Time tells him that he claps his hands, sings, meditates, wears fuzzy, can only write so much, only build so much, colorful kippot , or learns Hasidut. These activ - of content-conflict arising from a double program, for only learn so much, only acquire so much, and ities can certainly be manifestations of spiritu - there now exists an overstocked intellectual pharmacy only fill a finite amount of space; and, worst of ality or indicative of a spiritual life, but they all, it tells him that he is going to die. Thus, are not definitional to spirituality and they fail offering myriad medicinal options for alleviating and Adam the First’s life is a fight against time. In to do justice to the singular life of the Spiritual order to win this contest, he relies on the only Man. Saying that spirituality means singing curing this plague.” thing he can: quantity. So, Adam the First buys and dancing is like saying that love means hug - planners and Blackberries, writes schedules, ging and kissing. Just as there is more to love Although this proposed explanation of the at Yeshiva College, its basic properties may not and tries to fill his days with productivity . Ef - than superficial gestures, so too does spiritual - situation is old news, its implications may not be unique to Jewish people, but may be appli - ficiency is his weapon against time; it is his ity go beyond externals. What, then, is spiritu - be. The intellectual challenges that the dichoto - cable to all people of faith in the modern world. saber on the battlefield of life. A great day for ality? Spirituality means li-shemah (for its own mous schedule presents may still be tearing Indeed, this more typical conflict is not unlike Adam the First is one in which he has written sake). It refers to that state of where minds and hearts apart in YC. Newcomers to the one described in the Rav’s The Lonely Man a smart schedule and accomplished as much as deeds are done – deeds which one feels con - the college, fresh out of a one-, two-, or three- of Faith. possible. nect one with something incorporeal and year Torah-only stint in the Holy Land, may A quantity-centered life is also a life of greater than oneself – not for prestige, accu - find the assertions of some professors and the 2. distance. It is an existence of distance from mulation, accomplishment or profit, but for the texts they assign to be especially unsettling. Al - people and from the projects and activities one sake of the deeds themselves. though most of these students will weather the The tension that ails the YC student, and liberal arts storm and emerge religiously un - even the religious non-Jew, is caused by the “Spirituality means li-shemah . It refers to that state of scathed, a small percentage, usually the - dissonance between quantity-centered living sophically inclined, will lose some of their and spiritual living. Adam the First’s preoccu - experience where deeds are done – deeds which one feels religious devotion in the process. Yet an even pation with quantity is a product of his desper - connect one with something incorporeal and greater than smaller sample of YC undergrads will leave ate desire to exist. More than anything, Adam Orthodoxy solely because of philosophical fac - the First wants to be; his greatest fear, then, is oneself – not for prestige, accumulation, accomplishment tors. to disappear. When he is not progressing quan - Notwithstanding the very real religious titatively, he begins to feel himself fade; in or profit, but for the sake of the deeds themselves.” anguish that a contradiction-saturated curricu - order to alleviate this terrifying feeling, he lum can cause, the YC student has bigger turns to the tangible , to things – things that can undertakes. Adam the First is disconnected In , the archetypal Spiritual Man falafel to fry. After all, over the past sixty or so be counted, organized, filed, felt, registered from everything he does and from everyone lives for religious that connect him years, Orthodox Jewish thinkers and academ - and read. He builds a bridge, buys a lot of with whom he interacts, and this is because with Ha-Kadosh Barukh Hu ; or, as J. ics have produced and delivered many thou - books, starts a club, writes an essay, posts a everything he does is done for the sake of Heschel would put it, he lives for “ mo - sands of classes, articles, and books on every video on the web, adds friends and posts pic - something else. In other words, his life is all ments.” v Since he is religious-experience- conflict that exists under the sun between Jew - tures of himself on Facebook. He adds lines to means and no ends. He learns in order to do centered, he is perforce quality-centered; and,

4 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag being quality-centered, he naturally lives a life creates, and the jarring oscillations it produces place below the footnote line! This is because As such mixed messages abound, it is no of closeness to people and to his undertakings. in the dichotomous man, are intensified in the the archetypal academic is an Adam the First; small wonder that some students mistake their His life is a chain of ends, of moments, and not of the YC student, for he finds himself in he or she is after glory and afraid of disappear - study of Torah for a quantitative enterprise. It a string of means. Since he cares not for glory, the eerie twilight zone that is both a yeshivah ing. His outlook is in complete opposition to is no wonder that some learn Torah for fame he can honestly rejoice over his friend’s and a college. the spiritual person’s; and the culture of acade - and the writing of articles; that students care achievements. Since accumulation and accom - But, as I have noted, it is not the college mia, which is quantity-centered and quantity- more about finishing tractates of than plishment do not interest him, he can surrender catalogue which intensifies the sting of his al - saturated, contradicts the values of a typical actually learning them; or that talmidim aspire himself to moments and live in the now. This ready-frayed existence. He may not like having is why spiritual people tend to be adept at and to read in the morning (or early after - “Navigating through an existence of quantitative passionate about tefillah , zemirah (singing), noon) and Toni Morrison in the later afternoon, and rikkud (dance): these things are amor - but the content clash is not what is really eating desires on the one hand and spiritual ones on the other phous, affective, and qualitative in nature, re - him. What is troubling him, what is exacerbat - quiring devotion to the moment, and they do ing the pain of his imbalanced life, is the ex - is quite challenging, but confusing spirituality with not lend themselves to measurements and periential conflict that the twilight zone quantitative living makes thriving as a happy quantities. They are all about connection and creates. For the value systems that the yeshivah not at all about accumulation. and the college are presenting are antithetical religious Jew impossible.” Halakhah may be highly quantitative in to each other. nature, but it nevertheless demands a spiritual The cause of the exacerbation can be yeshivah, which promotes axiomatic Jewish more to the “Most High ” ( Kolel Elyon )ix life from . After all, the great goals of Ha - stated quite simply: colleges promote quantity principles that are affective, amorphous, and than to the Most High, or that the shi’ur one at - lakhah and Torah are fear of God, love of God, and yeshivot traditionally promote spirituality. spiritual. tends is a matter of kavod . But this blurring of knowledge of God, love for one’s fellow, hu - Who are the heroes, the giants, the gedolim of But the conflict runs deeper at our college, boundaries does not end with the quantification mility, justice, truth, and deveikut. We can colleges? Why, the professors, of course! And and the confusion intensifies still. YC has man - of Torah study; rather, it extends to the Yeshiva measure the heights of our , the volume which men of yeshivot are traditionally granted aged to produce a twilight zone within a twi - College student’s entire religious life as well. of our mikva’ot , the length of tsitsit , the size of the equivalent appellations? The talmidei light zone. Specifically, the confusion manifests itself in our wine glasses, but can we measure love of hakhamim and the tsaddikim . Which under - the bahur yeshivah ’s setting of quantitative God? Fear of God? Can we measure a Jew’s graduates are the most valued in professors’ 5. spiritual goals , which is a contradiction in sense of justice or goodness toward his fellow eyes? The ones who think well, write well, and terms. man? Can we measure one’s immersion in who will go on to graduate schools, doctoral Even more discouraging for the YC stu - prayer? Of course we cannot; and maybe that programs, and who will produce thick, foot - dent than the tension he feels from his attrac - 6. is because, more than anything, “God requires note-heavy dissertations. viii And which tion to two opposing value-systems and modes the heart” in our dealings with Him and in our bahurim are (or should be) the most favored in of living is the confusion and disheartenment Avodat Hashem is unlike a weight-loss dealings with each other, and matters of the the Rashei Yeshivah’s eyes? The ones with he experiences when the lines are blurred and program. A Yid cannot simply hop on a spiri - heart defy quantity. vi It is impossible to meas - heads on their shoulders, who surround them - the opposing forces in his life are confused. tual treadmill for two weeks and afterwards ure the love of a parent for a child or the love selves with holiness, who devote themselves to Navigating through an existence of quantita - weigh himself on a scale of frumkayt . Spiritu - of a husband for his wife, and one cannot com - achieving the greatest goals of Torah wisdom tive desires on the one hand and spiritual ones ality, by definition, defies such quantification. on the other is quite challenging, but confusing Nevertheless, there are those of our institution “We can measure the heights of our sukkot , the spirituality with quantitative living makes who pursue this type of spiritual routine. Some thriving as a happy religious Jew impossible. students may pursue it by deciding to pray with volume of our mikva’ot , the length of tsitsit , the Unfortunately, Yeshiva College has allowed, kavvanah for two weeks straight, while others encouraged, and promoted such confusion on may attempt it by committing to learn night size of our wine glasses, but can we measure campus. seder with greater passion. These goals are ad - has always invited pitfalls mirable, but they are also doomed to failure, love of God? Fear of God? Can we measure a of elitism, arrogance, and kavod ; one need only because as soon as one sets a quantitative goal glance through the Mishnayot of to for an amorphous, spiritual act, that act is Jew’s sense of justice or goodness toward his realize that the sages were well aware of this drained of all its life and dries up like an challenge. For thousands of years, Jews have in the sun. And as soon as one builds a spiritual fellow man?” been mistakenly viewing their learning of the life around such an approach, one’s world be - pete or win in this realm either. It would be - and Halakhah (i.e. fear of God, love of God, Law as a purely quantitative endeavor and their comes empty, for quantity-centeredness trans - surd to compare two happily married couples knowledge of God, love for one’s fellow, hu - knowledge as a tool for increasing their kavod; forms man’s actions into means, and Avodat and decide which marriage is more successful mility, justice, truth, and deveikut ). but YC took it to the next level. YC did not Hashem , at its essence, means lishmah , means or which spouses love each other more. How It is not the substance of academic studies only let its talmidei hakhamim sit at the front being in the moment, performing the deed for would you go about calculating it? So, too, that is necessarily in opposition to a yeshivah’s of the study hall; it awarded them for their itself. how would you go about comparing the right - values, but the cult of academia. Academia is Torah scholarship with plaques, books and Li-Shemah and spirituality become espe - eousness of one tsaddik to another? For exam - about quantity and Torah is about spirituality; prizes. Chairs were created – chairs of , cially difficult principles to live by in face of ple, who was more righteous, R. Kook or the for example, in order for a college professor to chairs of Talmud, and chairs of Jewish philos - the Adam the First-driven social atmosphere of Hafets Hayyim? How would you figure it achieve that most hallowed of academic ophy. Awards were handed out annually to the YU. In this milieu, YC bachelors are inclined out? vii This is a stupid question! Judaism is dreams, tenure, he or she needs to publish sig - finest students in MYP, BMP, IBC, and Mechi - to act more spiritual or religious in order to im - about relationships, sacred moments, and mat - nificantly. Not only that, but he must write like nah. Elite Torah fellowships and kolelim were prove their chances at courting the more pious ters of the heart. It may be quantity-laden, but an academic! (If this is not quantity-centered - established and a Yeshiva Honors Program bachelorettes. x They do this because they be - it is spiritually centered. ness and distance-living, then I do not know arose. But well before the YHP came into ex - lieve that their “level” of religiosity (or what is.) Sure, quality of work is also evalu - istence, there was the academic “shtark ness”) dictates who they can date and 4. ated, but as important as anything in the path curriculum. This curriculum, though teaching who they will marry. “Very ” guys, they to tenure is the quantity of published works. Jewish studies, was made part of the college claim, are going to attract “very frum” girls, The stereotypical YC student is both Isn’t it quantity-centeredness that inspires ac - and not the yeshivah and represented a great “medium frum ” guys are going to attract Adam the First and Spiritual Man. The contra - ademics to chop up their dissertations into 23 oxymoron. The oxymoronic nature of this pro - “medium frum ” girls, and so on. These opin - dictions which plague him, arising from this published articles, half of which share the same gram lay not in its method, for the study of ions are reasonable enough: a Jewish man at dichotomy, are not unique to him but are expe - thesis? Torah has always been academic at least in an early stage of his spiritual journey will prob - rienced to some extent by all honest religious Isn’t the pull of quantity-centeredness re - part, but in its message that the quantity-driven ably not be a good match for a Jewish girl at a people in the world – a world which, by the sponsible for the compulsive writing of foot - world of academia could possibly harmonize more advanced stage of hers, and vice versa; way, has been quantity-driven since the dawn notes, endnotes, backnotes, frontnotes and with the yeshivah student’s spiritual life, of the quantification and categorization of reli - of time. Nevertheless, the tensions that religion sidenotes? Indeed, academic articles often take which talmud Torah occupies a central role. giosity found on websites like SawYouAtSinai Volume III, Issue 7 www.kolhamevaser.com 5 Kol Hamevaser and YUConnects proves as well as drives this spiritual progress is a lie or a futile pursuit. On to reject either side is also tantamount to reject - i The following essay is based on an e-mail I social phenomenon. Nevertheless, YC students the contrary; a Jew is bidden to keep ascending ing Creation. But how can man expect to tend sent to a few friends before . The ideas and Jewish bachelors everywhere should not the proverbial mountain to God and if he is not to both poles of his inner world without turning expressed in it have been inspired by the writ - let this social situation affect their avodat engaged in this effort, he is perforce regressing. his life into a series of painful religious oscil - ings of R. Soloveitchik as well as my own ex - Hashem ; trying to better one’s service of God A Jew must set goals, but the nature of those lations and contradictions? How can man hope periences and perceptions. This is not a and advance one’s spiritual life in order to im - goals must be quantifiable, not amorphous. For to attain unification and wholeness while pur - research paper. prove one’s social prospects is a vain pursuit. example, a reasonable religious goal to set suing paradoxical forms of living? It is not ii One need only turn on the television to see Such strivings are paradoxical and futile for might be to pray Ma’ariv with a for an enough to merely say that conflict is creative. the most grotesque examples of Adam of the reasons already enumerated, and they will entire week, or to pray Ma’ariv relatively Sometimes a boat rocks back and forth until it First’s spell over our culture. It seems as if yield neither spiritual substance, social con - slowly. Here are some other goals that make capsizes and is rent by the waves. Some Jews every other show is an exploitation of the sa - tentment, nor marital fulfillment. As soon as sense: visiting a sick person once a week, join - are incapable of turning their conflicts into cre - cred. Love and friendship are turned into com - ations. Some simply sway, shatter, and then petitions and games to be viewed and cheered “Showing up to morning minyan for three weeks straight, sink. at, and intimate conversations and moments attending a certain “ shtark ” minyan , wearing a certain I, for one, am a decent sailor, barukh are publicized for entertainment and profit. To Hashem ; despite all the contradiction and con - illustrate: only in an Adam the First culture , or not wearing certain kinds of pants in fusion I suffered while wandering through could a husband choose a television show, order to tell oneself and one’s friends that one is Yeshiva College, I kept afloat and kept trying viewable by an entire county, as the stage upon to find that elusive balance in my religious life. which he informs his wife of an adulterous af - more frum – in order to date certain kinds of girls – Of course I never found it, and maybe I never fair; only in an Adam the First culture could is the antithesis of religious living.” will. My college experiences would not quite love and marriage be turned into a broadcast be classified as wisdom literature, and I am in competition. one tries to do a spiritual act in order to land a ing the YU Club, saying an extra ten no position to offer solutions and reconcilia - iii Indeed, for Adam the First, the tripartite date or a wife, the attempted act is rendered de - chapters of every day, spending one tions to problems and tensions that the Rav teaching of R. Elazar ben ha-Kappar in Avot void of spirituality and substance. xi Showing dinner a week with one’s parents, learning in could not overcome either in theory or practice. 4:21 may really be saying only one thing: up to morning minyan for three weeks straight, the beit midrash for an hour every night, end - Nevertheless, here is what I know now: “The kavod removes man from the world. According attending a certain “ shtark ” minyan , wearing a ing one’s learning ten minutes before Minhah, higher goal of spiritual living is not to amass a to this reading of the , lust and jeal - certain kippah , or not wearing certain kinds of going to the on the eve of , wealth of information, but to face sacred mo - ousy are just bi-products of glory-seeking. pants in order to tell oneself and one’s friends inviting friends over to one’s apartment or ments.” xvii This is the lesson of Shabbat, for iv For fear of misrepresenting the Rav’s typol - that one is more frum – in order to date certain dorm at least 5 times a month. These are quan - Shabbat is the ultimate end. It is the “purpose ogy, I am not calling him homo religiosus or kinds of girls – is the antithesis of religious liv - titative, objective goals; and, although they of the heavens and the earth.” It is the destina - the Man of Faith. ing. xii The irony: if we only did things li- may not necessarily equal spirituality, they can tion of creation, the goal of the week’s prod - vAbraham Heschel, The Sabbath shemah and focused on the penimiyyut certainly facilitate and lead to it. Along the ucts. Shabbat stands in time as a playground of (Philadelphia: The Jewish Publication Society (internal aspects), the hitsoni (outward) things same lines, R. Soloveitchik often stressed that spirituality – a day when we stop amassing, of America, 1963), p. 6. in our lives would also take care of themselves. vi For sure all of these pillars of service to God have been translated into concrete require - 7. “How can man expect to tend to both ments and actions by our sages, but when all is said and done, they still defy quantification. It says in Kohelet ,xiii “Whoever sil - vii I am aware that there is a trend in Hazal to ver will not be sated with silver.” Rashi offers poles of his inner world without turning compare people according to standards of three explanations of this phrase. His first is righteousness. A thorough discussion of this that “Whoever loves the commandments will his life into a series of painful religious trend is beyond the scope of this essay. not be sated with them,” and his third is, viii Earlier, I spoke of Adam the First as a utili - “Whoever loves Torah will not be sated with oscillations and contradictions?” tarian student who is primarily interested in fi - it.” xiv Although it may be a derashah on Rashi’s nancial success and the acquisition of things; derashah , one could expound the verse to here I am focusing on a different aspect of mean that, “One who loves the study of Torah in Halakhah, the objective act precedes the stop preparing, stop accomplishing, stop count - Adam the First’s pursuit of quantity. One could and the performance of commandments similar inner, subjective experience, even though that ing, and start focusing on the moment. Shabbat not possibly enumerate all the manifestations to the manner in which he loves money , will immeasurable event may be the goal and ful - is the ultimate affront to Adam the First’s of Adam One’s character in the course of a never be satisfied with them.” The reason is fillment of the Law. dreams. It is the weekly proof of the centrality short essay. that money has no inherent value; its only The opposite of this type of goal-setting of the amorphous and immeasurable in our tra - ix For years now, I have been trying to start a value is in numbers. Money is, by its very na - is the setting of goals that try to quantify spir - dition. Its message may even teach us how to Kolel Tahton (Lower Kollel). ture, only a means to an end. One who loves ituality. Examples are: learning a page of Tal - strike a balance in our everyday lives as striv - xA red-haired friend of mine recently taught me money, therefore, does not really love it , does mud in 10 minutes, making a siyyum every ing religious Jews. the difference between “ shtark and shtik .” Ap - not really value an individual nickel or penny, month, xv learning and understanding all of parently, when one is acting spiritual or “very but loves the accumulation of money. Thus, Tanakh in two years, developing an emotional frum ” in order to look shtark, he or she is re - love of money represents the quintessence of bond with the sick person one visits, becoming ally doing shtik ; and when one is doing some - quantity-centered living, where the actions of a great rabbi, crying during tefillah at least thing spiritual to be real, he or she is being one’s body and the sentiments of one’s heart once a week, really loving Jews, serving God shtark . are only as valuable as they are useful in get - with greater joy, being more humble, and so xi By this, I do not mean to make a metaphysi - ting Adam the First to the next plateau along on. These are all wonderful, lofty goals that cal or Kabbalistic assertion; I do not know his never-ending ascent to quantity, accolades can be attained, but not by trying to grasp that Seth Herstic is a senior at YC majoring in what takes place in the Upper Worlds when and kavod . Therefore, to love Torah or the which has no form. xvi Sociology. Next year, he will be studying in Is - one performs religious acts for ulterior motives commandments like one loves money will rael, at ’s Educators’ or for the purposes of changing his or her YU - never lead to satisfaction with them. Instead, 9. Kollel. Connects profile. Remember, the definition I that kind of love will only lead to frustration propose for spirituality is an experiential one. and emptiness. Within man’s soul God formed opposing xii Do not even get me started with “ Adam dreams and in his mind He placed divergent nif’al kefi pe’ulotav ” (A person tends to be - 8. potentials; if man is to be himself, to para - have in accordance with his [previous] actions) phrase R. Soloveitchik, then he must embrace (Sefer ha-Hinnukh 16). That spirituality is unquantifiable and both sides of his being. To mistake one side for xiii Kohelet 5:9. amorphous does not, God forbid, imply that the other may be foolish and detrimental, but xiv Rashi to ibid.

6 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag xv One might argue that there are Jews in the world who are making siyyumim every month, Kol Hamevaser : who are learning in depth, with great care and focus, and who are spiritually quite alive and well. I am not denying this. But I would argue Creating a Torah Community that such individuals are either unusually bright or are learning fulltime and can afford BY: Jonathan Ziring model, where we teach each other. deepened, and made all the more stunning to attach deadlines to their talmud Torah with - Perhaps, though, my assumption about when different opinions are voiced in dis - out hurting the quality and spirituality of their ecently, Kol Hamevaser held its first Rambam’s meaning is incorrect. For this, I cussing it. Even if a Rosh Yeshivah may have learning. In other words, they can eat their kugl school-wide Shabbaton. Over Shab - turn to an interesting Mishnah in the fourth great things to say, that does not negate the and have it too. Rbat, I was thinking about the impor - chapter of Avot : “R. Nehorai says, ‘Exile your - possibility that another voice might be able xvi Concerning the keeping of a heshbon ha-ne - tance of such an event, one where people who self to a place of Torah, and do not say it will complement his. Shouldn’t we allow room for fesh, I think it makes sense for a Jewish man have a common interest in Jewish thought took come after you, for your friends will establish everyone to express his ideas (within reason), or woman to only register his or her tangible the opportunity to spend time together, learn it in your hands, and do not rely on your own such that the Torah can become that much religious activities. One can keep stats on how and just hang out. A few dictums of Hazal understanding.’” v Most understand more complete? “ I efshar le-beit ha-midrash many times one went to minyan that month or came to mind. The first is a fascinating state - that the word “friends” in this context is be-lo :” ix everyone has a place in the how many hours one spent in the Beit Midrash beit midrash and every person has something on a particular night, but to systematically “Even the most brilliant Torah scholar needs colleagues. to add to the discussion – and that includes all record spirituality is a counterproductive and Friends sharpen each other, they help each other; of our colleagues. absurd exercise for at least two reasons. First, On that note, I want to express my grati - this is true because one cannot rate things like that is the ideal.” tude to all those who read, contribute to, and love of God, fear of God, and love of one’s fel - ment in Bava Metsi’a : “Ula said, ‘ Talmidei generic, referring to one’s community, and that edit Kol Hamevaser for helping cultivate a low Jew, and attempting to do so breeds frus - hakhamim in Bavel stand up for each other.’” i the Mishnah is warning people to remain in or community of peers, one where we can all ex - tration; second, one will not be able to Rashi explains that they stood “the way a stu - seek out Torah communities. However, Sforno press our opinions freely and enrich the Torah concentrate on loving Jews or God or praying dent does for his teacher, as they sat together reads the Mishnah as an exhortation not to go by doing so. In the coming year, I look for - with sincerity if he is focused on the heshbon constantly in the beit midrash, asking and an - to places where you would have no peers, even ward to the privilege of editing for the maga - ha-nefesh he is going to have to write later that swering each other’s questions, with everyone if you would be able to spread Torah among zine myself and further taking part in this day! learning from each other.” ii Ramban expands students there; rather, you should go to a com - important endeavor . But, in truth, Kol xvii Heschel, ibid. on this idea, saying that not only did they stand munity where you have equals, because it is Hamevaser is just one way of creating this up when their friends came within four only those who are on the same level of reli - community. It should be our goal to create a of them, as would be required for any talmid gious commitment and learning as you who Torah community that extends beyond the four , but they even stood up as soon as they will ensure that you keep your Torah, and no amot of the battei midrash on both campuses, could see them at a distance, the way one is re - one else. vi He insightfully notes that the rela - and that extends beyond the walls of our quired to stand up before his primary teacher, tionship you have with your friends is different Yeshiva and our University, because, at the end his rav muvhak .iii He explains that although than other relationships, and that to truly estab - of the day, we and our colleagues will be the the talmidei hakhamim in Bavel did not actu - “It should be our goal to create a Torah community that extends ally learn the majority of their Torah from their colleagues, they still learned from each other beyond the four amot of the battei midrash on both campuses, and that constantly, and in certain respects they extends beyond that walls of our Yeshiva and our University, because, achieved the status of rav muvhak for each at the end of the day, we and our colleagues will be the ones to other. Now, while it is true that one Shabbat does not constitute “constantly,” over the define Torah in 20 years, and we might as well start course of those 25 hours I saw what promised building the most complete community we can now.” to be the beginnings of a Torah community of people on both campuses (and beyond), who, lish yourself in the world of Torah, you need ones to define Torah in 20 years, and we might by seriously discussing issues of Jewish colleagues who can engage in that world with as well start building the most complete com - thought and teaching each other, could grow you – davka colleagues, not students, and, I munity we can now. “ Ve-Attah, kitvu lakhem together in their commitment as active mem - would add, not teachers. Sforno continues by et ha-shirah ha-zot ” (And now, write for your - bers of broader Jewish society. referencing the story in Shabbat 147b that selves this song). One might ask, as many people do, why gives the background to this statement of R. we need Kol Hamevaser ; why have students Nehorai. The identifies “R. Nehorai” present their ideas in a public format like this? as the nickname of R. Elazar ben Arakh, the Jonathan Ziring is a senior at YC major - After all, we learn in YU with Rashei Yeshivah sage who Abba Shaul claimed would outweigh ing in and Jewish Studies and is a who are tremendous talmidei hakhamim , and all the scholars in the world combined as a re - Staff Writer for Kol Hamevaser. while it is true that people can learn a lot from sult of his acuity. vii The Gemara recounts that their peers, perhaps that is not an ideal? To me, R. Nehorai once forgot all of his Torah, despite this notion is absurd for several reasons. To his brilliance, to the point that he was unable begin with, when Rambam discusses the ideal to read a simple pasuk . To remedy this, his i Bava Metsi’a 33a. friend that one should seek, he describes him friends joined together and prayed for him, and ii Rashi ad loc., s.v. “ Omedin .” as a “ haver ma’alah ,” an exalted friend. iv Ac - together helped him regain his scholarship. iii Ramban ad loc., s.v. “ Ha .” See also Rashba, cording to Rambam, he is the type of person Even the most brilliant Torah scholar needs Ritva, and Ran ad loc., as well as Ramban in who shares your goals and who wants to help colleagues. Friends sharpen each other, they Torat ha-Adam , Sha’ar ha-’ah . you actualize your potential, just as you want help each other; that is the ideal. iv Rambam, Commentary to the Mishnah , Avot to help him actualize his. He gives as an ex - However, there is a more fundamental 1:6, s.v. “ Ve-Ameru u-keneh lekha haver .” ample of such a relationship the type of friend - reason why we must include everyone in the v In most counts, Avot 4:14. ship found between teachers and their students. community of Torah. The Arukh ha-Shulhan, vi Sforno ad loc. I have always understood from here that Ram - in his preface to Hoshen Mishpat , explains that vii Avot 2:12. bam does not simply intend to describe the re - the Torah is compared to a shirah , a song, viii be - viii Devarim 31:19. lationship that students have with their cause songs can be made more beautiful ix See Hagigah 3a for context. teachers, but rather means to encourage us to through the harmonization of different voices. actively create friendships that parallel this So, too, he claims, the Torah is broadened,

Volume III, Issue 7 www.kolhamevaser.com 7 Kol Hamevaser Halakhah and Minhag History and Liturgy: The Evolution of Multiple Prayer Rites BY: Dr. Lawrence H. Schiffman (or nineteen) benedictions of the , and pire, Greece and European Turkey until the 16 th in the newly-emerging Sephardic and Ashke - the closing of the last Amidah blessing with century or perhaps later, when it was pushed nazic communities. For reasons that are not he family tree of Jewish liturgy – the “oseh ha- ” (He Who makes peace) in out by the Sephardic rite as a result of immi - totally clear, the version of Rav Sa’adyah typ - and the mahazor (as it is cor - place of “ ha-mevarekh et ammo Yisrael ba- gration of expelled Sephardim and of the later ifies the Babylonian liturgy as it was exported Trectly vocalized) – is a long and com - shalom ” (He Who blesses His nation Israel Kabbalistic and halakhic influences of the with other Babylonian halakhic to plex one. It spans the entire history of the with peace). A further important feature was Shulhan Arukh . This rite, like the Sephardic, the emerging Jewish communities of the Iber - Jewish experience, from the earliest origins of the role of Byzantine period . Poetry places the Hodu section before Barukh she- ian Peninsula. the Jewish people to the present day. The story was a prominent part of the liturgy of the Sec - Amar , inserts “ ve-yatsmah purkaneih vi- The so-called Babylonian rite is reflected of the many rites ( nusha’ot ) is ond Temple period, as is evidenced in sectarian yekarev meshiheih u-parek ammeih in the Sephardic prayer book, originally of the in fact the story of the diffusion of the Jewish texts and fragments preserved in Tannaitic lit - be-rahmateih le-dor va-dor ” (may He cause Iberian Peninsula, which, after the expulsion people and their tradition throughout the world erature. From Tannaitic times, there developed His salvation to sprout, bring close His Mes - from , spread to North , , Hol - and the development of the great Jewish com - a kind of proto- piyyut clearly evidenced in the siah, and redeem His nation in His mercy for land, parts of and England, the munities of past and present. We seek to pres - statutory prayer of the Tannaitic period. This all generations) into , and uses Keter Balkans, and the Near East, including the Land ent the history of Jewish liturgy in a short poetry developed into the full-fledged piyyut as a prelude to the of the Musaf serv - of Israel. This nussah also puts Hodu before summary, hoping that our survey will reveal of the Byzantine period, which continued the ice. Numerous piyyutim were also included. Barukh she-Amar , inserts “ ve-yatsmah the manner in which local tradition and custom old sectarian approach of having unique litur - Variation in the manuscripts and editions indi - purkaneih vi-yekarev meshiheih ” into Kaddish , served to enrich Jewish life. i gical poems for every holiday and special Sab - cates that this rite remained fluid virtually up and uses Nakdishakh (for Shaharit ) and Keter Rabbinic tradition attributes the core of bath. to its extinction. A similar siddur served the (for Musaf ) as preludes to Kedushah . Very few the liturgy to the Men of the , Clearly connected to piyyut is the contri - Jews of Corfu, Kaffa (Feodosiya, on the Black piyyutim were originally included in this rite. the sages who led Israel after the time of bution of Hekhalot or Merkavah vi to Sea) and other parts of Crimea. vii When it spread across North Africa from (c. 400-250 BCE). ii Prayer texts, especially late Rabbinic and Byzantine period liturgy, es - In Italy, the Palestinian liturgy and the Spain, the Sephardic rite met competing Pales - from the and a section of Ben pecially the Kedushah and such complex of Palestinian piyyut yielded a second tinian traditions that had stretched westward, Sira preserved only in manuscripts, as E-l Adon . The Babylonian liturgy adopted prayer rite, the Roman, that was characterized, as is known from Egypt and from Kairouan in show that some of our contemporary liturgical very little liturgical poetry when compared to like that of the , by “ le-eila le- North Africa where both traditions met and language and themes were in use in the Second the piyyut of Palestinian tradition. eila ” (thoroughly beyond [all praise]) said all fused. As a result of this fusion, as well as of Temple period. Analysis of the usually-partial the presence of local rites before the expulsion, prayer texts preserved in Tannaitic literature in - “Regarding choice of liturgical a variety of North African versions of the dicates that already in the time of the Mishnah Sephardic liturgy emerged, to some extent in - there were various versions of our statutory cluding different piyyutim but with the same prayers. iii Further, our version follows the Phar - poetry to accompany the statutory exact text for the statutory prayers. That of isaic masorah that was paralleled by a variety Tripoli diverges most greatly from the others. of alternative texts used by other groups as ev - At the same time, many Jews, especially in idenced in the Apocrypha iv and the Dead Sea rites, great divergence in local Italy, Greece and the , contin - Scrolls. v For example, the Scrolls preserve ued to practice their tefillah as they had done blessings for each day of the month that paral - custom was extremely common in Catalonia, Aragon and Castille, thus avoid - lel our blessing on the creation of the lights, the ing the influence of the local rites. This early first benediction before the Shema . Spanish rite is the forerunner of what later be - The non-Rabbinic liturgy left its mark in throughout the Jewish world.” came known as the Spanish-Portuguese liturgy. the language of early prayer and especially on Simultaneously, the Seder Rav Amram piyyut (poetic liturgical texts). But, ultimately, These two rites began to spread to other year round in Kaddish . This rite was used in was somehow carried to Germany where it had the formulation of our statutory liturgy was to locales as the Jewish people itself migrated and some in Salonika and Constantino - a strong influence on the emerging Ashkenazic some extent stabilized in the oral traditions of established new communities. Already by the ple and remains in use in Rome, in parts of liturgy and its halakhic basis, so that, for ex - the Tannaitic period and was later expanded end of the Geonic period, a version of the Italy, and in Italian synagogues in . ample, the fixed parts of the Ashkenazic selihot into two versions, that of Erets Yisrael and that Palestinian rite had spread to Italy, but we can - In addition to “ le-eila le-eila ,” it uses Keter for (penitential prayers) are found entirely in Seder of Babylonia. The Tannaitic stratum, even not speak of its canonization in any way. In all Kedushot , has special Shema benedictions Rav Amram . By the 10 th century, the Ashke - though non-standardized in exact wording and Babylonia, however, the prayer book as a lit - for Friday evening, and includes many unique nazic rites in northern and Germany often represented in competing versions, was erary unit went through the two major redac - piyyutim . Today, however, assimilation of Ital - had come into being. The northern French rite the basis of the development of the Amoraic tions that, in fact, constitute different ian Jewry and immigration to Italy of Oriental was used in England until the expulsion of liturgy that also was never fully standardized. “recensions:” those of Rav Amram (d. c. Jews – many from Libya – has resulted in the 1290 and died in France with the persecutions Nevertheless, we can speak already in the Tal - 875 CE) and of Rav Sa’adyah Gaon (882-942). decline of the Roman rite. It remains, however, of the 13 th -14 th centuries. It was also used by mudic era of Palestinian and Babylonian rites. These prayer books were massively influential, an important historical bridge to , three communities in Piedmont (northern Characteristic of the Palestinian rite is the as we will see below. even as Ashkenaz was so strongly influenced Italy): Asti, Fossano and Moncalva, and it is birkat ha-mitsvah recited before keri’at Shema , As began to disappear by Babylonian Geonic traditions. It was not accordingly called Nussah APaM . There, it the blessing “ Tsur Yisra’el ve-Go’alo ” (the in the Greco-Roman world, Palestinian Rab - long before the same Palestinian materials, was still employed during High Holy Day and its Redeemer) recited im - binic worship took over in two primary forms, taken from Italy to Germany, formed the basis services until modern times. The German mediately after the Shema instead of our the Romaniot rite and the Roman rite ( Nussah of what we might call a proto-Ashkenazic rite. branch preserved more Palestinian usages in “Ga’al Yisrael ” (He Who redeemed Israel) Italki ), both of the Palestinian type. The Ro - Meanwhile, the two canonizations of the mahazor , such as “ Tsur Yisrael ve-Go’alo ” blessing, a different recension of the eighteen maniot liturgy was used in the Byzantine Em - liturgy in Babylonia were playing a central role and a short “ Emet ve-Yatsiv ” (True and Estab -

8 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag lished) blessing before pre- Amidah piyyutim . tinian piyyut or its absence. By the early Mid - tory prayers were similar in these four towns, The Eastern branch was used in the eastern part It included a full set of piyyutim for Shaharit , dle Ages, almost all communities (Italy and the piyyutim differed, showing that even close of Germany, , Lithuania, Bohemia, Amidah , Kedushah and Musaf (depending on possibly excepted) followed the Babylon - proximity and a common minhag did not pre - Moravia, Hungary and the rest of Austria, Rus - the occasion) by Palestinian and German au - ian statutory prayers in some form or other and vent the rise of mahazorim with different po - sia, , and the rest of the Balkans. In thors. This early Ashkenazic rite remained in the one-year Torah cycle, rather than the Pales - etic insertions. This rite fell into disuse in the matters of some piyyut and for special use in Germany (west of the Elbe River), tinian triennial cycle. Nonetheless, Palestinian 19 th century and is probably typical of numer - occasions, like selihot and kinot (elegies), there , Holland, Belgium, northern influence survived in the areas listed above, es - ous early Ashkenazic and Sephardic nusha’ot is a further division into “German” (adopted in France and some communities in northern pecially in elements incorporated together with that were never clearly delimited and are no the Rhine River region), “Polish” (adopted in Italy. holiday piyyut , such as the Ashkenazic recital longer practiced. Some other such rites, be - Austria and Bohemia) and “Lithuanian” ver - An additional codification of prayers was of “ oseh ha-shalom ” and “ le-eila le-eila ” on sides the Persian that we mentioned above, are sions. Local customs were so carefully pre - that of Rambam. His prayer rite was designed the . the Aleppo liturgy, which is close to Persian served that thirteen or more versions of to combine the Sephardic liturgy that he knew While by this time Hellenistic Jewish rite but has some Palestinian influences, and Ashkenazic selihot have been printed. These with his halakhic rulings. Based on an early prayer rites, if they existed at all, had already the versions of Indian rites distinguished from different Ashkenazic rites reflect the emerging Sephardic nussah and deviating from the fallen away, as mentioned above, we can as - the Iraqi nussah by their piyyutim . geographical identities of European areas and Geonic tradition of Sa’adyah, ’ sume that Jews on the fringes of the main Jew - Let us return now to trace the evolution of also the halakhic leadership of various Jewish liturgy had its greatest effect in where ish communities had their own liturgies. This the three main rites we are discussing: Ashke - communities. Meanwhile, France as a whole, it was basically adopted in two versions to is certainly the case with the Persian rite that nazic, Sephardic and Maimonidian/Yemenite. and especially Alsace, continued to use a which we will return below. must have developed in medieval times, which The Ashkenazic liturgy as it was brought similar to the proto-Ashkenazic one discussed Thus, by the early , the Pales - assimilated earlier poetic texts and versions of to Germany from Italy with an admixture of above. tinian nussah had spawned the Romaniot, Ital - statutory prayers. Regarding choice of liturgi - Geonic influence, especially from the Seder When Lurianic began to exer - ian and early Ashkenazic rites, while the cal poetry to accompany the statutory rites, Rav Amram , formed only the basis of the fully cise its influence, Eastern European versions of the Ashkenazic nussah assimilated it in the 16 th century, the time when Poland was a great religious, intellectual Jewish center. Hasidism would later intensify this process, so that the final product in most of today’s Ashkenazic prayer books has been termed by some “Pseudo- Sefarad ,” containing a core of Ashke - nazic rite with some added “ Sefarad ” elements (see below). Some German Jews, even those who had accepted innovations after Maharil, declined to adopt most of these changes and continued western Ashkenazic prayer as it was. But most, and eventually all, western European rites accepted some Kabbalistic innovations such as the Kabbalat Shabbat service and “ ” (Go forth, my Beloved). Sephardic prayer books were radically af - fected by the rise of . This movement influenced virtually all Jewish com - munities where pietists tried to follow the kav - vanot (mystical prayer intentions) of the Ari (R. Luria, 1534-1572) and rabbis strove to have their communities employ a prayer book arranged in accord with Kabbalistic teachings, even if the worshipers themselves did not know Kabbalah. This resulted from the religious elite’s acceptance of Kabbalistic doc - trine and its consequent belief that only prayer books conforming to this doctrine should be used. Thereafter, virtually all local rites were eliminated, the Persian being a good example, and all Oriental communities adopted this new version of the Sephardic nussah . The Spanish- Portuguese liturgy, in and else - where following the expulsion from Spain, maintained a version of the mostly pre-Kab - balastic siddur which is used until today, al - Chart designed by the author though it, too, adopted Kabbalat Shabbat , Babylonian rite had generated the early great divergence in local custom was ex - developed rite and thus can be called proto- “Lekhah Dodi ” and some other changes. viii Sephardic liturgy and a tremely common throughout the Jewish world. Ashkenazic, as mentioned above. In the 14 th The confrontation between Lurianic Kab - Maimonidean/Yemenite rite. None of these An example of such a local rite is that of century, the textual and halakhic aspects of balah and the Maimonidean Halakhah and nusha’ot was free of the influence of the oth - Comtat Venaissin in Provence. This nussah minhag Ashkenaz were standardized by R. liturgy in Yemen caused a major controversy ers, especially as a result of halakhic debate in was used in just four towns: Avignon, Carpen - ben Moellin (Maharil, c. 1360- still being argued over today. Two versions, the emerging and constantly growing literature tras , L’Isle sur la Sorgue and Cavaillon. It is 1427) in Mainz. He and his circle, for the most “Baladi” (traditional Yemenite) and “Shami” of posekim (decisors), mefareshim (commen - mostly like the Sephardic ritual but has influ - part, produced the Ashkenazic siddur – not the (Syrian), developed. Baladi refused most Kab - tators) and teshuvot (). ences from the northern French Ashkenazic one in use today but rather a version that did balistic innovation as heresy, while the Shami Thus far, we have been assuming the clas - tradition. The liturgy uses Nekaddesh , Na’ar - not yet reflect Kabbalistic influence or the ed - received a strong Kabbalistic overlay. sification of nussah ha-tefillah into two main itsekha and Keter during various Kedushot , iting of modern grammarians. This Ashkenazic In the aftermath of the Lurianic influence, groups: Palestinian and Babylonian. But this and “ ” appears in the last blessing rite then split at some point into western and we now have the following main rites: western is true only regarding the influence of Pales - of all Amidot . In fact, however, while the statu - eastern branches – “German” and “Polish.” Ashkenazic, eastern Ashkenazic (with Kabbal - Volume III, Issue 7 www.kolhamevaser.com 9 Kol Hamevaser istic influence), Spanish-Portuguese which was then updated, primarily in America rael, while East European Jews who came to of the power of the masorah to serve the Jew - (Sephardic with little Kabbalah), the Yemenite and Israel, to include the Hasidic influences on America tended to abandon their allegiance to ish people in every time and place. versions, and Lurianic (Sephardic and Nussah East European Ashkenazic siddurim . The Hasidic Sefarad and adopted instead the ha-Ari ). Effectively, the original main rites had French Ashkenazic community, however, be - Ashkenazic rite so common already in the U.S. Dr. Lawrence H. Schiffman is Chair of each split by this point – not only geographi - cause of its own local history and because of Only later, with the immigration of many Ha - University’s Skirball Department of cally, but also along lines of acceptance or re - the process of moderate reform that preserved sidic and East European Jews after the Holo - Hebrew and Judaic Studies and serves as Ethel jection of Kabbalistic teachings and their effect official Consistoire Orthodoxy as the norm, caust, did the Hasidic rite, in all its variation, and Irvin A. Edelman Professor of Hebrew and on the prayer book. uses a prayer book that maintains some aspects become common in some segments of the Judaic Studies at NYU. The next major development was the rise of the pre-modern Ashkenazic rite and has ac - American Orthodox community. For a variety of Hasidism in the late 18 th and 19 th centuries. cepted only a minimum of Kabbalistic reasons, primarily the influence of yeshivot As a result of their strong connection with changes. x and of Israel, American Ashkenazic prayer is i No comprehensive study of this issue exists. Kabbalah, the Hasidic masters adopted a vari - The Sephardic prayer book of the Edot growing to be more Israeli over time. It is also A general picture can be gathered from E. D. ety of Sephardic – better, Lurianic – prayer ha- also underwent standardization as a worth mentioning that distinctions among Ha - Goldschmidt and R. Langer, “Liturgy,” Ency - customs. But, contrary to popular belief, they result of printing and later halakhic rulings. sidic Sefarad prayer books are no longer geo - clopaedia Judaica , vol. 13, 2nd ed., Michael did not adopt the Lurianic siddur . Rather, they Generally, printers attempted to publish graphically based but, as mentioned above, Berenbaum and Fred Skolnik (eds.) (Detroit: created a hybrid of the Ashkenazic rite, along Sephardic prayer books that followed the Luri - result from the printing of prayer books by the Macmillan Reference USA, 2007), pp. 131- with its piyyutim , and the Lurianic rite, so as to anic liturgy. Nevertheless, these were merged various Hasidic groups, a process still contin - 139. The details presented here are, for the include the kavvanot that, nevertheless, were with pre-existing local customs and liturgical uing today. xi most part, the result of investigating numerous soon abandoned under the pressure of oppo - poetry. At the same time, the influence of the Finally, we should mention the Esperanto siddurim representing the various rites. Al - nents of Hasidism. This resulted in the cre - Rav Yosef Karo’s Shulhan Arukh and Beit of prayer rites. In the early days of the State ways helpful is I. Elbogen, Jewish Liturgy: A ation of a number of “ Sefarad ” versions and of Yosef created a need to conform existing sid - of Israel, then-IDF Chief Rabbi Comprehensive History (Philadelphia: JPS, the Ari nussah of . Chabad’s text was durim to its rulings. This process was com - wanted to create a common nussah for use in 1993). originally rationally edited, as were a few oth - pleted only when so-called siddurim the Israeli army. He sought to avoid the need ii 33a. ers, but the work of printers seeking to provide were issued under the authority of R. Ovadiah to separate soldiers for religious purposes and iii By “statutory prayers,” we refer to those various nusha’ot in parentheses for multiple Yosef who, in fact, drew on wide-ranging ha - to overcome calls for separate Ashkenazic and prayers in the siddur that it is halakhically re - Hasidic markets created siddurim with multi - lakhic literature, including Ashkenazic author - Sephardic military units. To this end, he quired to say le-ka-tehillah . ple versions of the same prayer merged into ities. adapted Hasidic Sefarad , in a version close to iv Cf. M.C. Kiley (ed.), Prayer from Alexander one. To fix this, at a later point major Hasidic From the time of the Ari and Rav Yosef that of Chabad, into what he called Nussah to Constantine: A Critical Anthology (Atlanta: groups began to issue their own versions of Se - Karo on, constant arguments had been waged Ahid (the unified rite) actually a form of Society of Biblical Literature, 1997). farad . Today, there are multiple editions of v See L. H. Schiffman, “The Dead Sea Scrolls Nussah Sefarad and Ari Hasidic prayer books. “Instead of feeling uncomfortable when we enter a and the Early History of Jewish Liturgy,” in L. At the same time, in Eastern and later where things are done differently from Levine (ed.), The Synagogue in Late Antiquity in Israel, many Hasidic customs affected the (New York: Jewish Theological Seminary, Ashkenazic siddurim that were now substan - what we are accustomed to, especially as we travel the 1987), pp. 33 -48. tially different from those used, for example, vi Merkavah mysticism dates to the early in Eastern Europe at the time of the ever-shrinking globe, we should revel in the beautiful Geonic period and concentrated on speculation (Gra, 1720-1797). ix Examples of Hasidically- about such themes as the divine throne and an - influenced alterations include the insertion of diversity of our local customs, and in the way each gelic praise of God in Heaven. Tehillim 30 (“ Mizmor Shir Hanukkat ha-Bayit Jewish community sought to fulfill its vii Cf. S. D. Luzzatto, Mavo le-Mahazor ke- le- ”) before Barukh she-Amar , “ Le-Shem Minhag Benei Roma (, 1856). yihud ” (for the sake of the unification [of spiritual and halakhic.” viii Cf. R. Kimelman, ‘Lekhah Dodi’ ve-Kab - God]) pronouncements before , balat Shabbat: Ha-Mashma’ut ha-Mistit and sefirat ha- , “ Berikh shemeih ” between those attempting, but failing, to main - Chabad text with some modification. This rite (Jerusalem: Cherub, 2003), on the virtually (Blessed is His name) before hotsa’at sefer tain local tradition, which was often closer to never really succeeded, since Israeli Orthodox universal acceptance of “ Lekhah Dodi ” into Torah (the bringing out of the Torah) and many Rav Sa’adyah Gaon and Maimonides, and Jews preferred to follow a pattern of simply al - Jewish liturgy. more such changes. A particularly interesting those leading the winning march of the new lowing the preceptor to lead the prayers ac - ix Speaking of the Gra, numerous later Ashke - example is the expunging of “ ve-yismehu “Sephardic/Oriental” version. Nevertheless, cording to his own nussah . In fact, this pattern nazic prayer books claim to represent his nus - bekha ” (and may they rejoice in You) from the previous to Rav Ovadiah, and to the move of prevails even in some synagogues, despite not sah , but they are usually standard prayer books Shabbat Amidah and its replacement with “ ve- Oriental Jews to Israel, France and then the being in accord with most halakhic rulings on corrected according to his rulings or customs, yanuhu ” (and may they rest [on Shabbat]). , various local rites existed, and the subject. xii Nonetheless, this approach or reconstructions of the prayer book of his In Western Europe, another set of devel - some of them are still used, such as the Alger - solved the very same problem, and obviated time with such corrections, a recent tendency opments took place in modern times. The text ian, Moroccan, Libyan, Egyptian, and Baby - the need for the unified rite. of some Israeli Gra siddurim . of the siddur was edited by W. Heidenheim lonian or Iraqi nusha’ot . Today they survive Having traversed 2,000 years of Jewish x A similar process occurred in Yemen in the (1757-1832) and later by S. Baer (1825-1897), along with the standardized Rav Ovadiah history, we conclude with an observation. 18 th century. R. Yihya Salih (1715-1805), great German experts on Hebrew grammar and prayer books advocated by assorted yeshivot Local custom in prayer has been a major fea - redacted the prayer book, and created a Baladi liturgy who believed that the pure state of the and rabbis. ture of Jewish life for its entire history. Instead Tiklal . was its biblical manifestation Meanwhile, the Ashkenazic rite went of feeling uncomfortable when we enter a syn - xi While the rise of Modern Reform, Conserva - and that it should therefore be the language of through a final stage of division with the de - agogue where things are done differently from tive and Reconstructionist prayer books is be - prayer. They each produced a prayer book in velopment of the American and Israeli versions what we are accustomed to, especially as we yond the scope of this paper, we can note that standardized grammar, while of the Eastern European (Polish), Ashkenazic travel the ever-shrinking globe, we should the Reform prayer book was based on the - the Sephardic Lurianic rites, and even the Ha - minhag. Basically, the American Polish rite, revel in the beautiful diversity of our local cus - man Orthodox prayer books of the 19 th century, sidic Sefarad versions, continued to use the used by most Ashkenazic synagogues, repre - toms, and in the way each Jewish community as edited by Heidenheim. The Conservative Mishnaic grammar of the earliest prayer books. sents a German/British nussah with East Euro - sought to fulfill its spiritual and halakhic re - took its cue from the British siddur , which was Besides altering the text of the siddur , the work pean additions, while the Israeli liturgy has quirements. Judaism has never insisted on uni - itself based on earlier German editions, and of these scholars in producing authoritative more Sephardic additions like Barekhu at the formity, but rather has its own concept of the Reconstructionist prayer book took as its prayer books led to the erasing of local differ - end of the tefillah and Pittum ha-Ketoret said halakhic pluralism and diversity of Minhag. basis the Conservative prayer book that it ences. The effect of printing also contributed every day. also follow many more Gra The history of Jewish prayer books and their sought to displace. to this standardization, first for Ashkenazim rulings than do Americans. Curiously, how - various versions and rites reflects the history xii See R. Ovadiah Yosef, Responsa Yabbia and gradually for all the rites. The correction ever, many Religious Zionist Israelis, even of of the Jewish people, its intellectual and reli - Omer , vol. 6, Orah Hayyim , siman 10, and the and standardization of Nussah Ashkenaz in the Western European origin, adopted a version of gious development, and its migration through - sources quoted there. 19 th century created a common, unifying text, Hasidic Sefarad as their rite after coming to Is - out the world. We should appreciate it as a sign

10 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag Ha-Mahamir, Mah Tavo Alav? :i Religious Stringencies and Their Psychological Considerations

BY: Shlomo Zuckier the common man in one’s surroundings. This investment. One who decides to observe a one area in order to assuage his guilt over reli - will depend on the country one lives in, and, humra within a particular din (law) or number gious failings in other areas, but this approach rom the Talmudic dictum safek de- more specifically, his community, whether that of dinim based on his personal research and as - fails to treat the root of the problem itself. Oraita le-humra (in case of doubt con - is determined by the neighborhood in which sessment of the issues feels a stronger connec - Excessive humra observance not only af - Fcerning biblically mandated laws, one resides or the shul or yeshivah he fre - tion to that din than one who follows the fects mental focus, but issues of material allo - follow the stringent opinion), ii it seems that Ju - quents. vii The sociological humra is usually standard practice. We do not generally favor cation as well. Money spent on more daism values religious stringency within its ha - more relevant in the context of analyzing one’s any one mitsvah over another, viii but a person expensive meat with an extra hekhsher (kosher lakhic framework. The word humra can be psychological relation to humrot , as the who attaches himself to one mitsvah in partic - certification) cannot be used for tsedakah used in several different ways, ranging from strongest frame of reference for most people is ular and reflects that connection by following (charity) purposes. Similarly, time spent work - the internal legal examples just discussed to the social. certain humrot therein will improve his overall ing out practicalities related to a certain hak - term’s more ubiquitous use today, as referring Now that the categories have been demar - religious observance. The halakhic system is padah (self-imposed restriction) cannot to personal stringencies not mandated me -ikkar cated, an analysis of the psychological ramifi - one which of necessity permits little personal simultaneously be applied towards acts of ha-din (by the basic, standard law), but which cations of the humra can be undertaken, input, so humrot represent an arena that allows hesed (kindness) or other mitsvot. In fact, for individual expression and an increased there are certain cases where a humra indi - “He has gone beyond the call of duty in his bond to mitsvot . Assuming these extra, volun - rectly blocks certain other desirable religious tary levels of observance are part of a healthy, goals, including cases where those who refrain adherence to God’s Law, and he therefore often broader life of religious commitment, the ex - from eating certain foods find their ability to citement and abundant energy generated by be me’urav im ha-beriyyot (involved with peo - feels a true and sincere sense of religious keeping a particular favored din in the best way ple) compromised. As some like to say, x every possible can spill over and affect the rest of that humra is also a kulla , in the sense that the extra accomplishment for that.” person’s religious world as well. ix Of course, effort (of whatever form) utilized in order to one takes upon himself for reasons of personal beginning with its positive consequences. In this idea of personal investment in a mitsvah promote a particular religious observance be - piety. iii The latter category of individually-ac - order to minimize tangential issues, let us ana - on account of a specific humra is lost in a so - yond the letter of the law necessarily mitigates cepted humrot , in terms of the non-halakhic is - lyze the case of someone keeping a humra that ciety in which everyone follows that humra . one’s ability to pursue other religious goals and sues it presents, will be the focus of this article. has significant basis in rabbinic sources but is For example, in a place where everyone keeps quests. There is obviously much halakhic and/or not usually followed in his sociological con - chalav Yisrael (milk whose processing was An oft-discussed side-effect of humrot is exhortative material germane to this topic, text. As stated above, this section will leave out performed under Jewish supervision), the per - the dangerous and undercutting yohara (pre - which will not be pursued in this article. iv In - the pure halakhic benefits of following a sonal investment factor is negligible; one’s ob - sumptuousness) that it can induce. Yohara is stead, the article will attempt to analyze certain humra , namely one’s increased chances of servance is based on communal expectation, discussed in several places in the Gemara xi and psychological and/or social considerations that properly fulfilling the mitsvah or avoiding the not personal motivation and attachment. it casts a significant shadow in the works of the pertain to the practical application of this sub - aveirah (the validity of these claims may de - Nevertheless, not everything about hum - commentaries and posekim as well. xii The set of humrot .v It will focus on the individual pend on one’s understanding of pesak Ha - rot is positive; the same mechanism which has more widespread understanding of this phe - level, though many of the points in this article lakhah and one might split between the two the power to positively affect the religious Jew nomenon is that the mahamir may feel a cer - are also applicable on broader social planes. categories), among other issues, which are of also has the potential to backfire. These pit - tain arrogance and sense of self-importance as As with most things, this analysis will be col - extreme significance but beyond the scope of falls are by no means inevitable, and it is more a result of his increased religious observance ored by the hashkafic and religious context to this discussion. than possible to steer clear of them, but it is im - and willingness to go beyond the letter of the which its author was party, but the potential is - The first psychological effect of humra portant to be aware of them. One of the most law. This is definitely a potentially significant sues and considerations are presented from an observance is arguably the most obvious one. dangerous snares in this area is the potential problem, and one should always be cautious impartial perspective and should hopefully be The mahamir , aware that the posekim often applicable to similar cases in other religious call for a ba’al nefesh (a spiritual person) to be “Even if the person does not feel that he is acting settings. stringent and of the yeshivah world’s cultural Before entering the specific content of admiration for such practices, presumably feels for inappropriate reasons, the very fact that his this topic per se, it is important to delineate two a stronger sense of personal religious identity different determinations of humra and to orient as a result of his observances. He has gone be - humrot are incongruous with his general the discussion towards one of them. First, yond the call of duty in his adherence to God’s there is the question of defining the ikkar ha- Law, and he therefore often feels a true and - religious practice is reason enough to din (basic law) and the varying levels of strin - cere sense of religious accomplishment for gency outside of it, ranging from reasonable that. Falling into the category of a ba’al ne - render this behavior inappropriate.” adoption of the minority practice in the writ - fesh , then, is the first and most salient positive ings of Rishonim to practices with little to no effect of observing humrot . Conversely, it is for losing focus on and understanding of the not to apply his religious observance as a psy - basis in the primary sources. The established possible that one who only follows the letter of proper weight of different halakhic and chological kardom lahpor (utility). xiii range of opinions will depend on the Talmudic the law and never goes a step beyond may feel hashkafic issues. The mahamir runs the risk However, presumptuousness is not the sugya and its Rishonim, along with a respon - a sense of mediocrity. If his religious obser - of preferring the tafel (secondary) to the ikkar only meaning of yohara ; one need not project sible and serious study of the Shulhan Arukh vance is equivalent to everyone else’s and in - (primary), the shittat yahid (unaccepted minor - a pompous aura in order to fail the yohara test. and its attendants, discriminating between corporates no extraordinary initiatives, he may ity position) to the basic din . In his rush to - If the mahamir is keeping a humra that is out Ashkenazi and Sefaradi decisors when appli - appear spiritually deficient in his own eyes. Of wards halakhic maximalism, he may skip steps of whack with his level of general religious ob - cable and accompanied by an analysis of con - course, some people are satisfied by simply and not sufficiently concentrate on the more servance, if his reach ventures far beyond his temporary posekim on the issue, can yield the fulfilling the shurat ha-din (line of the law) and basic halakhic requirements. Mental energy grasp, then this internal inconsistency itself determination of what is ikkar ha-din and what see that as a worthy religious goal and ideal. expended on being makpid (meticulous) on may qualify as yohara .xiv Even if the person is considered a legal humra .vi Second, there is But many others feel drawn to the idea of ha - humrot might be better employed reinforcing does not feel that he is acting for inappropriate the question of current practice in one’s com - lakhic maximalism and disappointed when more basic religious obligations. Indeed, at reasons, the very fact that his humrot are in - munity and of what qualifies as a sociological they fall short of achieving it. times it may be the case that someone accepts congruous with his general religious practice humra , a practice more stringent than that of Another relevant factor is that of personal upon himself extra religious observances in is reason enough to render this behavior inap - Volume III, Issue 7 www.kolhamevaser.com 11 Kol Hamevaser propriate. Proponents of this understanding i This first part of the title incorporates a play champion the idea of holistic religious behav - on the common phrase “ ha-mahamir, tavo alav ior, that one should be consistent in his spiritual ” (blessing should descend upon he Minhag and Halakhah goals and not inappropriately overextend in who is stringent), instead asking what psycho - any one area, especially not one that has the logical consequence(s) will befall the stringent in the Talmuds: potential to engender feelings of self-impor - religious man. tance. ii See, e.g., Beitsah 3b. One significantly negative consequence iii It is often less than clear whether a humra is A Cross-Cultural Study of yohara (and here I primarily refer to its def - to be considered mandated me-ikkar ha-din or BY: Rabbi Dr. Richard Hidary against the pro-codification position of Jeremy inition as presumptuousness) is the opinion one whether one who accepts it is doing so as an Bentham, both legal philosophers from 19 th - takes towards others who may not be as su - additional stringency. This issue does compli - his article will define the terms “Ha - century England, states in even more extreme perlatively observant as he himself is. There cate matters, but it will be glossed over in this lakhah” and “Minhag” as used in Rab - terms: “Law, Custom, Conduct, Life – different are many improper attitudes that can develop article in order to allow for the discussion of binic literature, relate these concepts to names for almost the same thing – true names in this vein, ranging from a somewhat superior the article’s topic within its limited space. T their equivalents in secular legal theory, and for different aspects of the same thing – are so and condescending approach to an outright dis - iv This includes cases such as posekim who analyze the relationship between the two as inseparably blended together that one cannot dain or dismissal of others’ commitments to state that a certain practice is not mandated, but presented by the Talmud Yerushalmi and Bavli. even be thought of without the other.” viii Halakhah. One example of a bad habit that can ba’al nefesh yahamir (a spiritual person should The word Halakhah refers to a regulation or does not maintain a form is to begin referring to those things be stringent), and those who claim that it is a statement of law formulated by a legislator. i consistent position on the relationship between avoided in observance of a certain humra as halakhic ideal to be yotse le-kol ha-de’ot (to The word Minhag , in both its nominal and ver - Minhag and Halakhah . Many Talmudic pas - asur (prohibited). This not only reflects a se - fulfill all the opinions) and not to enter into bal forms, is used in rabbinic literature prima - sages do clearly distinguish between these cat - verely self-centered view of what the halakhah cases that are subject to halakhic dispute. rily to connote a habitual practice of laypeople egories and play down the importance of is on this issue (and how the halakhic process These halakhic and exhortative issues are of ut - that is related to but not directly legislated by custom. ix Other passages legislate rules about works in general), but it ignores the fact that most importance in determining what one’s at - Halakhah. ii This might be translated as “mere how to deal with customs even at the stage there is a widely-accepted legitimate halakhic titude towards humrot should be, but this custom.” Generally, the rabbis recognize such when they are merely habitual practices, such basis for the general, non- mahamir practice. article focuses on the somewhat subsidiary, but customs as valid and generally encourage or as a stringency practiced by a small group with Though one may prefer not to rely on it, that still vitally important, psychological aspects. require that their practice be continued, even no precedent in Halakhah. These laws dictate does not make such a halakhic hetter (permis - v Despite its relevance, this article will not deal though they are not officially legislated. In which customs are acceptable, which customs sive ruling) invalid, and far be it from some with the issue of Obsessive Compulsive Dis - some cases, however, the practices of laypeo - are binding, who must keep them, when they holier-than-thou layperson to condemn his order and its relationship to humrot . Because ple are considered mistaken by the rabbis be - can be changed, and how visitors to a place that neighbor for doing something asur when in re - the disorder afflicts only a limited segment of cause they have no basis in or even contradict keeps the custom should act. These passages ality it has significant justification. the population, the article will assume the per - Lest the reader get the wrong impression, spective of the unaffected religious majority. let me be clear that, as per the “ ha-mahamir vi Also relevant in this context is the severity tavo alav berakhah ” formulations in the level of the din at hand, where being mahamir “It is not always easy to distinguish which posekim mentioned above, the halakhic system on an issur she-yesh bo karet (a law whose has a very positive attitude towards humrot , at transgression leads to excommunication from sense of the word Minhag is used in any least when practiced in the right way by the the congregation), for example, is very differ - right people. The challenge is for someone to ent than being mahamir on a late minhag given text; that Hebrew uses the same word know whether their particular situation calls (communal practice). for humra or not and whether they are acting vii In different contexts, humra may be repre - to mean ‘mere custom’ as well as ‘wide - out of the proper motivation. The fact that sented by different types of behavior; one humrot have so much to offer and simultane - man’s humra is another’s kulla . spread legal practice’ shows that these ously contain such a risk-factor means that viii Avot 2:1: Ve-Hevei zahir be-mitsvah these issues have to be scrupulously attended ke-ba-hamurah, she-ein attah yodea mattan to before one makes decisions about them. sekharan shel mitsvot (Be as scrupulous in [ob - categories are somewhat fluid.” This article has presented one person’s serving] an insignificant commandment as the Halakhah .iii Rabbinic sources also use the maintain Minhag as a distinct realm of law but perspective on the potential effects of accept - with a severe one, for you do not know the re - term Minhag to describe the actual practice of attribute to it a level of legal validity. Yet other ing humrot , of both salutary and detrimental ward given for mitsvot). laypeople regarding issues that have already passages – especially in the Yerushalmi – blend nature, in order to try to clarify some of the ix The concept of having a bond to a particular been iv or are about to be legislated into Ha - these categories together by using both Minhag non-halakhic considerations concerning the ac - mitsvah is an idea I first heard in a sihah by R. lakhah. v In this sense, Minhag could be trans - and Halakhah to describe the same law, x pro - ceptance of humrot . Hopefully, it has de - Aharon Segal in , though lated as the widespread and commonly nouncing penalties for violating customs, xi and scribed the issues a person contemplating not in the context of humrot . accepted form of the applied law. It is not al - making explicit statements such as “ Minhag accepting a particular humra or humrot may x I have heard this line used by R. Hershel ways easy to distinguish which sense of the mevattel Halakhah – custom nullifies law.” xii find in store for him and has laid out the po - Schachter, among others. word Minhag is used in any given text; that Prior scholarship has noted the tendency tential pitfalls and windfalls of this phenome - xi The term is used in Berakhot 17b, Pesahim Hebrew uses the same word to mean “mere throughout the Yerushalmi to define Halakhah non for one who already follows certain 54b-55a, 26b, and Bava Kamma 59b. custom” as well as “widespread legal practice” by the common practice of the people. xiii This humrot and/or is aware of people who do. Whether we are generally concerned about ha - shows that these categories are somewhat is consistent with the general “ancient Pales - Whatever we individually choose to observe, lakhic practice leading to yohara or not is sub - fluid. tinian approach,” which “placed a greater em - let us maximize the extent to which we keep ject to a mahaloket between R. Shim’on ben Secular legal theorists have debated about phasis on the living, day-to-day tradition and a Halakhah for the proper reasons, in the spirit Gamli’el and the Hakhamim. Regardless of the relationship between custom and legislated lesser emphasis on learned argumentation than of ve-kol ma’asekha yihyu le-shem Shamayim those particular cases, all would agree that law. John Austin, a 19 th -century British legal did the Babylonian.” xiv The Yerushalmi as - (so that every act is done for the sake of there are certain scenarios in which humrot will theorist, draws a strict distinction between cus - cribes great importance to custom, which can Heaven) .xv lead yohara . tom, which has no legally binding authority sometimes trump official law. The Yerushalmi xii Shulhan Arukh mentions it in several cases since it is not explicitly commanded by the discourages any change in customs and seeks in Orah Hayyim , and the impact in later legal sovereign, and law, which incorporates custom uniformity of custom within a locale. The sources is significantly pronounced. only when officially legislated. vi Opposing this Bavli, on the other hand, is more flexible in al - Shlomo Zuckier is a senior at YC major - xiii See Avot 4:7. view is Friedrich Karl von Savigny, another lowing people to change customs and also ing in Philosophy and Jewish Studies and is an xiv I heard a formulation similar to this one from 19 th -century jurist, who expresses the view that more often permits varieties of custom within Associate Editor for Kol Hamevaser. R. Michael Rosensweig. custom arising from the spirit of the folk is a locale. xv Thus, the Yerushalmi’s view is xv Avot 2:17. valid law. vii James Coolidge Carter, arguing closer to that of Savigny and Carter while the

12 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag Bavli is closer to Austin and Bentham, al - brated jurists.” xxii This law restated an earlier engendered by such diversity, and prompted focused their attention on the Halakhah as de - though the positions of both of the Talmuds are edict issued by Constantine in 321 C.E. that them to codify and systematize their law. fined in the learned argumentation of the beit much less extreme and systematic than those named five jurists (Gaius, Papinianus, Paulus, Sasanian law, apparently, did not face this chal - midrash. The difference between the Talmuds of the legal theorists. Ulpianus and Modestinus) as authorities whose lenge. The Babylonian rabbis would therefore may also be partially explained by differences also not feel pressure from their surrounding in the surrounding legal cultures under the re - “Thus, the Yerushalmi’s view is closer to that of legal culture to codify their laws. xxviii spective Roman and Sasanian Empires. We can Roman law going back to the era of the follow the repercussions of the Talmudic dis - Savigny and Carter while the Bavli is closer to Republic distinguished between ius scriptum cussions in the next centuries, with some Ris - and ius non scriptum (written law and unwrit - honim writing comprehensive codes of Austin and Bentham, although the positions of ten law). Customs based on ancient traditions Halakhah and others criticizing projects of were part of the ius non scriptum and were “a codification and preferring instead that local both of the Talmuds are much less extreme and source of norms which derived their binding Rabbis should judge each case individually. xxxii systematic than those of the legal theorists.” force from the tacit consent of the people and Questions of uniformity and custom take their long-standing practice within the commu - on greater complexity in modern times when nity.” xxix Once Rome extended citizenship to all communication dissolves borders and when The significance of custom in the codes should carry the most weight in court. free inhabitants of its empire in 212 CE under most Jewish communities have been uprooted Yerushalmi may be related to the Yerushalmi’s However, the multiplicity of these divergent the enactment of the constitutio Antoniniana , and joined together in America and Israel. R. efforts at codification of Tannaitic dispute and law codes themselves required further guide - law became uniform for all citizens. However, Sabato Morais and R. Ben- Meir Hai the place of custom in Roman law. R. Yohanan, lines as to which code to follow. The Law of this did not abolish the variety of local prac - Uziel attempted to unify Ashkenazic and the most important sage in the Yerushalmi, in - Citations thus stipulates: tices across various regions and cultures. Sephardic liturgy and certain halakhic prac - stitutes and disseminates a list of rules about “When conflicting opinions are cited, the Rather, as George Mousourakis points out, tices. Both rabbis were willing to compromise how to decide between Tannaitic disputes in greater number of the authors shall pre - “During the Dominate the role of custom their own Sephardic traditions and practices for the Mishnah such as, “In a dispute between R. vail, or if the numbers should be equal, as a supplementary source of law was fur - the sake of uniformity. Their pluralistic outlook Yosei and his colleagues, the Halakhah accords the authority of that group shall take ther recognized. […] The centralization of thus opened the possibility for uniformity of with R. Yosei.” xvi These rules are by and large precedence in which the man of superior law-making activity seems to have con - practice. xxxiii Conversely, Rabbi Abraham Isaac followed throughout the Yerushalmi. By was genius, Papinian, shall tower above the tributed, in an indirect way, to the enlarge - Kook and Rabbi argued that of contrast, Rav Mesharsheya in the Bavli rest, and as he defeats a single opponent, ment of the role of custom as a source of Ashkenazim and Sephardim should each con - states: “These rules are to be disregarded.” xvii so he yields to two.” xxiii law during this period.” xxx tinue their prior practices because each consid - The Bavli generally does not make an effort to One must follow the majority of jurists. Thus, the program of unification and cod - ers the other’s laws to be in some way adhere to these rules. When they are equally split, then Papinian is ification of Roman law begun by Hadrian par - deficient. xxxiv Their monism thus resulted in de The penchant for codification in the to be followed over his four colleagues. This adoxically strengthened the importance of facto pluralism. While the latter two sages Yerushalmi may be related to similar trends in is similar to R. Yohanan’s rules that also pres - custom. The various communities throughout seem to have won the day so far, we should Roman law during the late Principate and the ent a hierarchy of sages. Although the Law of the Roman Empire did not simply abandon bear in mind the various models offered in the Dominate. Roman law incorporated an increas - Citations is codified later than the Talmudic their previous laws and practices upon becom - Talmuds and by the Rishonim as our commu - ingly large number of sources, beginning with nities adapt to rapidly changing times. the publication of the Twelve Tables in 450 “Thus, the program of unification and BCE and continuing with subsequent legisla - tion by various assemblies, magistrates, and, codification of Roman law begun by later on, imperial edicts and senatorial resolu - tions. xviii This mass of laws that interpreted and Richard Hidary is an assistant professor sometimes even overturned preceding laws Hadrian paradoxically strengthened the of Judaic Studies at had grown unwieldy over time and place, and will be teaching a course next semester on prompting a sustained effort at codification be - importance of custom.” pluralism and controversy in the Talmuds. ginning with Hadrian and culminating with parallels, it likely has roots in earlier Roman ing citizens and reading a code that contra - Justinian’s Digest .xix This period from the sec - practice. xxiv The Law of Citations and other dicted their own laws. Rather, many of these ond to the sixth centuries also saw the produc - similar laws may very well have influenced not previous traditions now continued under the tion of the Mishnah and the Talmud only R. Yohanan’s penchant for uniform rules, category of custom. Yerushalmi. Previous scholars have noted par - but perhaps they even served as a model for the In a similar vein, the Yerushalmi’s empha - allels between Roman codes and the codifica - forms of these rules. This historical back - sis on the importance of local custom may ac - tory activity leading up to the publication of ground may further explain why the rules tually have resulted from its insistence on unity the Mishnah. Lee Levine doubts that it is mere gained widespread acceptance among the of law. Once one establishes that only one law coincidence that in Erets Yisrael. may be valid, one still needs a way to justify “R. Akiva and his colleagues began col - To be sure, there were also legal compila - the existence of variations of practice through - lecting and organizing rabbinic traditions tions made in Sasanian Persia during this pe - out pious rabbinic communities. Recognizing under Hadrian, when Julianus, Celsus riod. Most significant is the Madayan i Hazar multiplicity of practice in the area of custom Pomponius, and others were actively in - Dadestan (The Book of a Thousand Judg - allows one to be more intolerant regarding volved in making similar compilations in ments ), compiled c. 620 CE. xxv While this book multiple practices of law. xxxi Rome,” and “Rabbi the Prince does quote from a number of previous sources In conclusion, we have seen that the Tal - compiled and edited his Mishnah, and and includes opinions of many jurists, there is mud Yerushalmi places great emphasis on tannaitic midrashim were collected under no sustained effort at choosing between them, unity of law and so also attributes great impor - the Severans, at a time when Gaius, Pap - nor any general rules about how to decide be - tance to local customs as a mechanism for per - inianus, Paulus, and Ulpianus were like - tween these authorities. The Madayan can mitting diversity of practice within the wise compiling codices and responsa of therefore not be classified as a code. In fact, no strictures of a uniform Halakhah. The Bavli, on Roman law and commenting on earlier legal code from Sasanian Babylonia has been the other hand, is more tolerant of diversity of legal material.” xx preserved. xxvi It would seem that diversity of halakhic practice and therefore attributes less I would suggest that the link between legal sources and opinions was not a major emphasis on the inviolability of custom. These Roman and halakhic codificatory activities ex - problem for the Sasanians and they therefore differences between the Talmuds may, in some tend even past the Mishnah. xxi In 426 CE, did not have to make concerted efforts at cod - degree, relate to differences in the attitudes of Theodosius II and Valentinian III issued the ification and unifying rules. xxvii Ironically, then, the Amoraim of Erets Yisrael who emphasized “Law of Citations,” which “aspired to establish it is precisely the great diversity of Roman law the role of Halakhah in the practice of the com - a veritable hierarchy for the opinions of cele - that made their legists sensitive to the problems mon people, versus the Amoraim of Bavel who Volume III, Issue 7 www.kolhamevaser.com 13 Kol Hamevaser i , Hellenism in Jewish Pales - vii See Dale Furnish, “Custom as a Source of 191; and Christine Hayes, “The Abrogation of Needs: A Sasanina/Zoroastrian Example,” tine (New York: The Jewish Theological Sem - Law,” American Journal of Comparative Law Torah Law: Rabbinic Taqqanah and Praetorian Cardozo Law Review 28,1 (2006): 153-169. inary, 1962), p. 83, n. 3. Halakhah is created 30 (1982): 32-33; Alan Watson, “An Approach Edict,” in Peter Schafter (ed.), The Talmud xxvii See further below, p. 401. when the legislator either decrees a new law, to Customary Law,” University of Illinois Law Yerushalmi and Graeco-Roman Culture I xxviii I only claim here that Roman law con - or when he codifies existing practice. As Men - Review 561-576 (1984): 564-566. (Tübingen: Mohr Siebeck, 1998), pp. 665-667. tained more diversity than Sasanian law, not achem Elon writes, “A study of the formative viii James Coolidge Carter, Law: Its Origin xx Lee Levine, Judaism and Hellenism in An - that Palestinian halakhic traditions or halakhic stages of any legal system will reveal that to Growth and Function (New York: G. P. Put - tiquity: Conflict or Confluence? (Peabody: practices were more diverse than those of the some extent its directions originated from cus - nam’s Sons, 1907), p. 13. See discussion at Hendrickson Publishers, 1999), p. 135. See Jews in Babylonia. Although the latter claim toms evolved in the practical life of the society Kunal Parker, “Context in History and Law: A also Yaakov Elman, “Order, Sequence, and Se - may be true, I do not have evidence for it. concerned, and that only at a later stage was Study of the Late Nineteenth-Century Ameri - lection: The Mishnah’s Anthological Choices,” xxix Mousourakis, The Historical and Institu - legal recognition conferred on such customs – can Jurisprudence of Custom,” Law and His - in The Anthology in , ed. D. tional Context of Roman Law , 20. See also H. by way of legislation or decision on the part of tory Review 24,3 (2006): 505-08. Stern (New York: Oxford University Press, F. Jolowicz and B. Nicholas, Historical Intro - legislator of judge” (Moshe Herr and Men - ix See, for example, Bavli, Pesahim 50b-51a, 2004), 65-70. E. S. Rosental, “Masoret Ha - duction to the Study of Roman Law (Cam - achem Elon, “Minhag,” Encyclopedia Judaica and further at Israel Shepansky, “Torat ha-Min - lakhah ve-Hiddushei Halakhot be-Mishnat bridge: Cambridge University Press, 1972), pp. (2007): 267). See also Burton Leiser, “Custom hagot,” Or ha-Mizrah 40,1 (1991): 42, n. 32. Hakhamim,” Tarbiz 63 (1994): 321-374, points 353-355; Robinson, Sources of Roman Law , and Law in Talmudic Jurisprudence,” Judaism x See ibid., 39, n. 9; and Herr and Elon, “Min - to a further parallel between Justinian’s Digest pp. 25-29. See also David Daube, “Rabbinic 20 (1971): 396-403; Ronald Brauner, “Some hag,” p. 268. (I, 2, 47-48) and the Houses of and Methods of Interpretation and Hellenistic Aspects of Local Custom in Tannaitic Litera - xi Yerushalmi, Pesahim 4:3 (30d) = Yerushalmi, Hillel and regarding tradition and innovation Rhetoric,” Hebrew Union College Annual 22 ture,” Jewish Civilization 2 (1981): 43-54; and Avodah Zarah 1:6 (39d). See Shepansky, in law. (1949): 248 and 258-259. E. E. Urbach, The Halakhah: Its Sources and “Torat ha-Minhagot,” p. 42. xxi See Catherine Hezser, “The Codification of xxx Mousourakis, The Historical and Institu - Development (Givatayim: la-Talmud, xii The Yerushalmi uses the phrase “ Minhag Legal Knowledge in Late Antiquity: The Tal - tional Context of Roman Law , p. 355. 1984), pp. 27-33 (Hebrew). Urbach further mevattel Halakhah ” in two contexts: mud Yerushalmi and Roman Law Codes,” in xxxi Ibid. proposes that some halakhic arguments be - Yerushalmi, Yevamot 12:1 (12c) and Peter Schafter (ed.), The Talmud Yerushalmi xxxii See , “Codification of tween the rabbis have their origins in diverse Yerushalmi, Bava Metsi’a 7:1 (11b). The latter and Graeco-Roman Culture I , pp. 581-641. Law” in Encyclopedia Judaica (2007), 4:765- customs. Each rabbi chooses one among the citation is not so significant since it involves xxii George Mousourakis, The Historical and 81 . various customs to legislate into law such that contractual agreements in which the general Institutional Context of Roman Law (Burling - xxxiii See Arthur Kiron, “Golden Ages, Promised diversity of custom develops directly into di - custom simply defines the assumed obliga - ton: Ashgate, 2003), p. 180. Lands: The Victorian Rabbinic Humanism of versity of Halakhah . tions. The former citation is more significant. xxiii Codex Theodosianus 1.4.3.2-4. Translation Sabato Morais,” (Ph.D. diss., Columbia Uni - ii This is the usage in Mishnah Pesahim 4:1-5. See, however, David Henshke, “Minhag from The Theodosian Code and Novels and the versity, 1999), pp. 164-70; and Piskei Uzziel Even though these customs are mentioned in Mevattel Halakhah? (Le-Ishushah shel Sirmondian Constitution , trans. Clyde Pharr be-She’elot ha-Zeman 1 and 2, and Mishpetei the Mishnah, none of them are cited as the Hash’arah),” Dine Israel 17 (1994): 135-148, (Princeton: Princeton University Press, 1952), Uzziel , Even ha-Ezer 83. opinion of a given rabbi but rather they de - who argues that the phrase in Yerushalmi, p. 15. For an application of this law, see ibid., xxxiv See Orah Mishpat , Orah Hayyim , simanim scribe the practices of laypeople. The Mishnah Yevamot 12:1 (12c) is post-Talmudic. Although 9.43.1. 17 and 18, and Yabbia Omer , vol. 6, Orah simply notes the existence and validity of these there are only these two instances, this phrase xxiv Just as Codex Theodosianus 1.4.3, quoted Hayyim , siman 43 and Even ha-Ezer , siman 14. customs in its attempt to legislate when one is does seem to represent the general attitude of above, includes laws already declared by Con - allowed to deviate from a custom. the Yerushalmi as seen in other sources. See stantine in 321-328 CE, so, too, Constantine iii See, for example, Mishnah, Eruvin 10:10. further analysis at Herr and Elon, “Minhag,” himself may have been relying on earlier laws See also the first section of Yerushalmi Pe - pp. 270-271; Stuart Miller, Sages and Com - or common practices when he formulated his sahim 4:1 (30d) discussed at Richard Hidary, moners in Late Antique Eretz Israel (Tübingen: law. R. Yohanan died c. 279 CE, not long be - “Tolerance for Diversity of Halakhic Practice Mohr Siebeck, 2006), pp. 383-385; and litera - fore Constantine’s edicts. Also, although the in the Talmuds,” (Ph.D. diss., New York Uni - ture cited at Sperber, Minhagei Yisrael , 1:24; rules are attributed to R. Yohanan, they may versity, 2008), pp. 52-54. Medieval rabbinic and Mordechai Akiva Friedman, “Teshuva be- have been formulated as such only by his stu - literature calls such mistaken customs minhag Inyanei Tefillah mi-Zemano shel Rav Sa’adya dents. ta’ut or minhag shetut . See further at Daniel Gaon,” Sinai 109 (1992): 136, n. 77. xxv For the English translation, see A. G. Sperber, Minhagei Yisrael: Mekorot ve-Toladot xiii See Israel Ta-Shma, Early Franco-German Perikhanian, The Book of a Thousand Judg - (Jerusalem: Mosad ha-Rav Kook, 1990), pp. Ritual and Custom (Jerusalem: Magnes Press, ments (A Sasanian Law-Book) , trans. Nina 31-37. 1999), pp. 61-85 (Hebrew); Miller, Sages and Garsoian (Costa Mesa, Cal.: Mazda Publishers, iv See, for example, , Rosh ha-Shanah Commoners , pp. 375-387. One example of the 1997). For the German translation, see Maria 2:11, which refers to the controversy in Mish - Yerushalmi’s use of custom is found in Aviad Macuch, Das Sasanidische Rechtsbuch nah, Rosh ha-Shanah 4:5. See also Yerushalmi, Stollman, “Halakhic Development as a Fusion “Matakdan i hazar datistan” (Teil II) (Wies - Kiddushin 4:6 (66a), which reports that the of Hermeneutical Horizons: The Case of the baden: Deutsche Morgenlandische priests ignored the halakhic ruling of the rab - Waiting Period Between Meat and Dairy,” AJS Gesellschaft, Kommissionsverlag, F. Steiner, bis. Nevertheless, R. Abbahu expects the Review 28,2 (2004): 9-10 (Hebrew). 1981), and idem, Rechtskasuistik und Gericht - priests to follow their custom and almost whips xiv Robert Brody, The of Babylonia and spraxis zu Beginn des Siebenten Jahrhunderts a priest who violates it! This may reflect the the Shaping of Medieval (New in Iran: Die Rechtssammlung des Farrohmard general priority given to custom in the Haven and : Yale University Press, i Wahraman (Wiesbaden: Otto Harrossowitz, Yerushalmi, see below. 1998), p. 116. 1993). v Under this category would fall cases in which xv See further in Richard Hidary, Dispute for xxvi See A. G. Perikhanian, “Iranian Society and the rabbis decide the law by checking how the the Sake of Heaven: Legal Pluralism in the Law,” in Ehsan Yarshater (ed.), The Cambridge public generally practices, such as Yerushalmi, Talmud (Providence: Brown Judaic Studies, History of Iran, Volume 3(2): The Seleucid, Pe’ah 7:5 (20c). Also in this category are prac - forthcoming), ch. 2. Parthian and Sasanian Periods (Cambridge: tices of certain groups that are treated as law, xvi See Yerushalmi, Terumot 3:1 (42a) and Cambridge University Press, 1968), 627-80: such as “the custom of the sailors” ( Tosefta , analysis in ibid., ch. 1. “Law was not codified on an all-Iran scale in Bava Metsi’a 7:13). See more such examples xvii Bavli, Eruvin 46b. Sasanian times and this document [the Ma - at Herr and Elon, “Minhag,” p. 266. xviii See O. F. Robinson, The Sources of Roman dayan ] is not actually a code but a collection vi See John Austin, Lectures on Jurisprudence; Law: Problems and Methods for Ancient His - of law-cases embracing all branches of private or, The Philosophy of Positive Law (London: torians (London: Routledge, 1997); George law” (ibid., p. 628). See also J. P. De Menasce, John Murray, 1885), pp. 36-37, 101-03. See Mousourakis, A Legal History of Rome (Lon - “Zoroastrian Pahlavi ,” in The Cam - criticism of Austin’s view of custom in H. L. don: Routledge, 2007). bridge History of Iran, Volume 3(2) , p. 1189; A. Hart, The Concept of Law (Oxford: Oxford xix Robinson, Sources of Roman Law , pp. 16- Elman, “Order, Sequence, and Selection,” p. University Press, 1994), pp. 44-48. 21; Mousourakis, A Legal History , pp. 179- 69; and idem, “Scripture Versus Contemporary

14 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag Collective Memory and Haroset BY: Daniel Fridman sxi cite a parallel section from Talmud to haroset itself: it is a singular composition of “ al akhilat haroset. ” However, in Mishneh Yerushalmi xii which notes a fourth commemo - whose elements simultaneously bear witness Torah , in which Rambam actually rules in ac - The Status of Haroset rative dimension of the haroset , zekher la-dam , both to the very depths of our national degra - cordance with R. Eliezer b. Tsadok, no such he place of haroset at the seder table is a memorial to the blood of the Jewish people xiii dation in Egypt as well as to the exclusive, un - blessing is recorded. The classical Mai - at once familiar and strange, predictable which was spilled over the course of the en - breakable bonds which link the Jewish people monidean super-commentaries make note of Tyet perplexing. While the presence of slavement in Egypt. xiv Moreover, the Tosafists with the Master of the Universe, as depicted in this incongruity, and offer various explanations its companions, matsah and ,i is man - add a fifth dimension to the haroset , citing a Shir ha-Shirim . It is a fascinating mixture with regarding the absence of a blessing on haroset . dated by the Torah, haroset merits no scriptural previous ruling of the Geonim that fruits the capacity to, on the one hand, evoke the For one example, see Lehem Mishneh to Mish - references whatsoever. As we stare at its eclec - should be included in the recipe, xv parallel to image of the blood of massacred Jewish babies neh Torah , ibid. A particularly compelling ex - tic composition year after year, we cannot help the fruits that the Jewish people are compared flowing freely in the Nile River, and, at the planation of the absence of the blessing has but wonder what lies within the haroset , and to in Shir ha-Shirim .xvi same time, represent the birth of a new gener - been related to me by R. Michael Rosensweig what these various elements are meant to rep - A sixth and final commemorative dimen - ation of Jewish children in the apple orchards, in the name of the Rav, who argued that Ram - resent. bam classified the mitsvah of haroset as Given the absence of any biblical sources “As we stare at its eclectic composition year after year, preparing this unique dish and having it present for haroset , the sages of the Mishnah debated at the Seder, but not necessarily consuming it. whether there was even a rabbinic obligation we cannot help but wonder what lies within the haroset , Thus, since consumption of the haroset is not to eat it. In the third mishnah of the final chap - part of the mitsvah, no blessing over the ter of Massekhet Pesahim , the Tanna kamma and what these various elements are meant to represent.” haroset is warranted. takes the position that haroset is not a mitsvah, ii v Rif to Pesahim 25b; Rosh to Pesahim 10:30. while R. Eliezer b. Tsadok maintains that sion of haroset is mentioned by the Tur , zekher in defiance of those who wished to destroy us. vi Pesahim 116a. haroset is indeed a mitsvah, though he does not la-maror. xvii In effect, the Tur argues that Even as each of its six elements bespeaks its vii Whether tapuah in this instance is best trans - specify what the performance of it entails. In haroset has an overlapping function with bitter own , telling its own tale of suffering lated as an apple tree has been the subject of his Perush ha-Mishnayot , Rambam notes that herbs, as it too commemorates the sheer bitter - or triumph, each component coexists with all some contemporary debate, with certain au - the Halakhah is in accordance with the position ness of our bondage in Egypt. xviii As such, the of the others. For all of the complexity of its thorities arguing that tapuah in this context is of the Tanna kamma. iii Subsequently, however, Tur requires that some sour elements be added components, the result is an organic, unified a reference to some kind of citrus fruit. For the Rambam ruled in accordance with the position to the haroset . entity called haroset , whose totality is truly purposes of this article, the conventional as - of R. Eliezer b. Tsadok, that the haroset is in - greater than the sum of its parts. sumption will be maintained. deed a mitsvah of rabbinic origin. iv This con - A Dialectical Perspective on Haroset viii See the beautiful aggadic passage in Sotah clusion, that haroset has the status of a rabbinic Not all Rishonim subscribe to these six 11b, which discusses the heroism of the right - commandment, is shared by Rif and Rosh as disparate elements of haroset . For example, Daniel Fridman is a third-year eous women of that particular generation in well. v Rambam only cites two explicitly, zekher la- student at RIETS and is the Resident Scholar ‘whose merit our ancestors were redeemed tit , in commemoration of the mortar, and at the Jewish Center of . from Egypt.’ The reference to the apple tree Six Dimensions of Haroset zekher la-teven , the straw. xix In contrast, the emerges from Shir ha-Shirim 8:5. In elaborating the position of R. Eliezer b. Tur makes mention of five of the components, ix The fact that apples are not generally associ - Tsadok, the Talmud makes reference to three leaving out only zekher la-tapuah ,xx but includ - ated with a sharp taste has led some contem - distinct commemorative functions that the ing zekher la-tit , la-teven , la-dam , la-maror , i Shemot 12. In Pesahim 120a, the Talmud does porary scholars to speculate that tapuah is best haroset is meant to fulfill. vi First, R. as - and the fruits to which the Jewish people were distinguish between the statuses of matsah and translated as a citrus fruit. See R. Hershel serts that the haroset is zekher la-tapuah , an likened in Shir ha-Shirim. Rema subscribes to maror in the absence of the Pesah , ex - Schachter’s article on this subject: “Inyan ha- homage to the apple orchards vii in which the Is - four of the elements, omitting zekher la-maror plicating that the mitsvah of matsah maintains Tapuah she-ba-Haroset,” Be-Ikvei ha-Tson raelite women delivered their babies under ex - as well as zekher la-tapuah. xxi Thus, the posi - de-Oraita status in the absence of the Korban (Jerusalem: Beit ha-Midrash de-Flatbush, tremely difficult circumstances during the tions of the various Rishonim present a consid - Pesah , while maror does not. See also Ram - 1997), p. 77. period of Jewish enslavement in Egypt. viii Sec - erable range of views regarding what aspects bam, , Hamets u-Matsah x See Shemot 5 for the narrative that details the ond, R. Yohanan argues that the haroset is of the Jewish experience in Egypt are meant to 6:1,7:12. This important distinction notwith - evolution of Pharaoh’s decision to deny the zekher la-tit , meant to commemorate the mor - be evoked by haroset . standing, the explicit treatment given to mat - Jewish people the raw materials necessary for tar which the Jewish people had to make In any case, these six elements, when sah and maror in the Torah should be the slave labor which they were forced to un - throughout their forced labor in Egypt. In evaluated in total, may be subdivided into two contrasted with the haroset , which is never dertake in Egypt. The fact that the decision to order to incorporate both of these elements into distinct categories. Four of them, zekher la-tit , even mentioned. deny the Jewish slaves straw caused consider - the haroset , Abbayei rules that one must have la-teven , la-maror , and la-dam , reflect differ - ii The presence of haroset at the seder , accord - able distress, over and above the suffering gen - a sharp tasting element in the mix, correspon - ent aspects of the suffering endured by our an - ing to the view of the Tanna kamma that it is erated by the enslavement per se, is clearly ding to the tapuah ,ix and that the composition cestors at the hands of their sadistic Egyptian not a mitsvah, is explained by the Talmud in reflected in the Talmud’s distinction between pragmatic terms: the haroset is merely meant the commemoration of the mortar, which the “The positions of the various Rishonim present a to ameliorate the sharp taste of the maror . See Jewish people had to work with from the ear - considerable range of views regarding what aspects Pesahim 116a. liest days of their bondage, and the commem - iii Rambam, Peirush ha-Mishnayot to Pesahim oration of the straw, which represented a new, of the Jewish experience in Egypt are 10:3. even crueler phase of Egyptian brutality. iv Idem, Mishneh Torah , ibid. 11:7. What is xi to Pesahim 116a, s.v. “ Tsarikh le- meant to be evoked by haroset .” particularly fascinating regarding Rambam’s sammukheih ve-tsarikh le-kahuyeih. ” of the haroset must be thick and pasty, corre - oppressors. On the other hand, zekher la- reversal is not only his conclusion that haroset xii Talmud Yerushalmi, Pesahim 10:3. sponding to the mortar. Finally, the Talmud tapuah , commemorating the valor of the Jew - is indeed a mitsvah mi-divrei (Rab - xiii See Arukh ha-Shulhan , Orah Hayyim cites a Beraita which mentions a third element ish women whose faith was such that they binic), in accordance with R. Eliezer b. Tsadok, 473:17, where R. Yehiel Mikhl ha-Levi Epstein of the haroset , namely spices, which are meant could look hopefully to the future in the face but what appears to be a more fundamental cites, in explanation of this passage in the to be incorporated zekher la-teven , in tribute to of a terrifying present, as well as the inclusion reinterpretation of the nature of the mitsvah. In Yerushalmi, two different atrocities committed the straw which the Jewish people had to seek of the fragrant and luscious fruits to which the his Peirush ha-Mishnayot , Rambam asserts by the Egyptians against Jewish children. out in order to construct bricks, making it con - Jewish people are favorably likened in Shir ha- that, according to the rejected view of R. First, he cites Shemot 1:22, which records siderably more difficult for them to meet their Shirim , evoke unequivocally positive associa - Eliezer b. Tsadok, since haroset is indeed a Pharaoh’s edict mandating mass murder of daily quota of labor. x tions. mitsvah, it requires a blessing reflecting the newborn Jewish boys by drowning them in the Commenting on this passage, the Tosafist - As such, a remarkable dialectic is intrinsic rabbinic commandment to consume the haroset Nile. Second, he cites the midrashic assertion

Volume III, Issue 7 www.kolhamevaser.com 15 Kol Hamevaser that the Egyptians buried Jewish children alive in the buildings being constructed by the Jew - ish people. [For an example of such a midrash, Halakhah: More than Just Exegesis see Eliyyahu Rabbah (Ish Shalom ) Chapter 8.] Many Rishonim maintain that the haroset BY: Jonathan Ziring struggle to explain why the sin of embarrassing “How can I decide Halakhah?” xii Even if there should be made in two distinct phases (see next someone is not counted among the traditionally are multiple correct understandings, clearly note), the first phase corresponding to the mor - ne of the most important functions of accepted cardinal . vii Rivash, on the other some reads are better than others, and some are tar and bricks which the Jewish people worked talmud Torah is “ la-asukei shema’teta hand, rules categorically that although there are altogether invalid. As Mori ve-Rabbi R. with in Egypt and the second phase correspon - Oalibba de-hilkheta ,” i to learn Torah many sins that Hazal compared to the three has pointed out, while the ding to their blood that was spilled, thereby with the goal of deriving practical halakhic cardinal sins, viii they do not fall under the cat - possibility of multiple correct interpretations evoking the image of blood being mixed into conclusions. However, to be honest, through - egory of yehareg ve-al ya’avor (be killed rather leaves open the potential to rule leniently bi- the bricks. In this scheme, Arukh ha-Shulhan ’s out high school, yeshivah in Israel and my first than transgress). ix He exclaims that the notion she’at ha-dehak (in a dire situation) xiii or be - second citation, that of the blood of Jewish year in YU, most of my learning was purely that one should die before committing these cause of kevod ha-beriyyot (human dignity), if children literally being spilled in the mortar theoretical. Then, this summer I attended the sins “never entered anyone’s mind and no one an opinion is clearly wrong or the him - and bricks of the construction projects, is par - Summer Beit Midrash directed by Rabbi Aryeh ever thought [such an idea]! Rather, it is the self does not consider it a viable possibility, he ticularly apt. Klapper, where the goal was to study a ha - way of Hazal to exaggerate the greatness of may not rely on it. xiv However, if there are xiv For the haroset to stimulate recollection of lakhic topic in-depth and eventually write a sins so people will take care not to stumble in multiple answers to most questions, and exe - the blood of the Jewish people, a more dilute legal responsum, or teshuvah , answering a sim - them.” Thus, although some scholars simply gesis cannot always determine which is cor - composition is required, presenting a conflict ulated question that encompassed all the as - accept the explicit passage in the Talmud that rect, what factors enter the decision-making with R. Yohanan’s injunction that the constitu - pects of the topic. Furthermore, this year, back embarrassing people is a cardinal sin, others process and what parameters can be used to tion of the haroset be thick for the sake of com - at YU, I have been studying Hilkhot Shabbat feel it self evident that the Gemara’s ruling is forge responsible pesak ? memorating the mortar. The Tosafists suggest in Rabbi Willig’s shi’ur , where the clear focus not to be taken seriously. Concerning the question of what other a creative resolution to this problem, calling for is to come to practical conclusions. Thus, for Of course, commentaries rarely diverge factors enter the process of pesak , it is clear a two-step program of haroset making. In the the first time I have had the opportunity to from the literal meaning so drastically as in this that a posek ’s conception that Halakhah has to first step, prior to the actual seder , the haroset think seriously about the nature of pesak (legal case, and as much as possible shy away from allow a person to live a normal life often enters should be made with a thick composition in the halakhic process. Some Rishonim even commemoration of the mortar, as per the view “If there are multiple answers to most quote the Yerushalmi as claiming that it must of R. Yohanan. In the second phase, at the be that ed ehad ne’eman be-issurin , a single seder meal itself, wine or vinegar should be questions, and exegesis cannot always witness is believed with regards to ritual mat - added to dilute the haroset in commemoration ters, because otherwise it would be impossible of the blood. See Rabbeinu Hannanel’s com - determine which is correct, what factors enter to eat at other people’s houses, as one could not mentary on Pesahim 120a, as well as the Tur , trust the of the food that was prepared Orah Hayyim 473, which cites this same pro - the decision-making process and what param - under the watch of only one individual. xv,xvi No tocol in the name of Rabbeinu Yehiel, a me - exegetical claim is made whatsoever; it is sim - dieval authority. eters can be used to forge responsible pesak ?” ply based on the intuition that Halakhah must xv These include pomegranates, walnuts, figs, provide a mechanism to enable basic social in - dates, and other fruits. Regarding contempo - ruling), and it is with this background that I reading seemingly halakhic statements as mere teractions. xvii R. Shelomoh Zalman Auerbach rary eschewal of dried fruits, see Arukh ha- share some things I have noticed. While I had exaggerations. Otherwise, if taken to the ex - argues that one does not have to allow re - Shulhan 470:17. often thought of pesak in almost Platonic terms treme, we could negate all of Torah by claim - sha’im , wicked people, to manipulate the ha - xvi See glosses of Rema to Shulhan Arukh , as a result of pure halakhic exegesis and the ap - ing that every command was meant lakhic system. Therefore, a plaintiff is entitled Orah Hayyim 473, who rules in accordance plication of theoretical principles, my recent rhetorically. As I have heard many times from to demand money even if the defendant threat - with this view of the Geonim. exposure to the halakhic process has convinced Professor Moshe J. Bernstein, if one is not ens to blaspheme if brought to court, despite xvii Tur , Orah Hayyim 473. See Arukh ha-Shul - me of the numerous other factors involved and careful, instead of understanding the latter half the fact that this would seem to violate the pro - han , Orah Hayyim 470:17, where R. Epstein has made me rethink how pesak works. of the Ten Commandments as imperatives, he hibition of “ lifnei ivver lo titten mikhshol ” moderately reformulates the language of the The process of pesak is almost always could end up reading “ Lo tirtsah, lo tin’af ” as (placing an obstacle in front of a blind Tur , arguing for inclusion of sour foods not couched in exegesis, as it should be. Every rhetorical questions: “Should you not kill?! person) xviii by causing him to sin. He even ex - zekher la-maror but zekher la-shi’bud , in com - posek ’s goal is to take all the sources of our tra - Should you not commit adultery?!” However, tends this argument to permit a person to re - memoration of the bondage. The slightly dif - dition and come to a ruling that reflects what it is clear that, given enough of a motivation, a ceive medical help from a Jewish doctor who ferent formulation has no impact on the overall he feels is the best interpretation of the sources. true scholar can make almost any claim and threatens to violate Shabbat gratuitously theme, namely that haroset , like maror , is However, as Gerald J. Blidstein, professor of support it exegetically. against the patient’s wishes in the course of meant to memorialize the bitterness of the en - Jewish thought at Ben-Gurion University, aptly slavement in Egypt. puts it, “Texts can be interpreted … [and] “It is clear that a posek ’s conception that xviii There is some controversy regarding the Scripture is never a match for ingenuity,” ii or, proper text of the Tur. R. Yosef Karo in Beit as Hazal strikingly seem to say, “ Ein moshivin Halakhah has to allow a person to Yosef , Orah Hayyim 473 emends the text of the ba- ella mi she-yodea le-taher Tur to conform to the aforementioned Talmu - sherets min ha-Torah ” – we do not seat some - live a normal life often enters dic passage on Pesahim 116a. R. Yoel Sirkis, one in the Sanhedrin unless he knows how to in Bayit Hadash , commenting on the Tur , Orah render pure a [dead] rodent based on the Hayyim 473, rejects the emendation of R. Torah. iii Almost no exegetical claim can be the halakhic process.” Yosef Karo, and asserts that the Tur was oper - proven conclusively; a clever enough scholar To further complicate matters, if one has treating him. xix Behind this ruling seems to be ating with a slightly different version of the can take a text and interpret it in contradictory an expansive view of the concept of eilu ve- the assumption that Halakhah cannot allow re - Talmudic passage in question, which he argues ways, and nothing in the text can prove which eilu divrei E-lohim Hayyim (these and those are sha’im to cripple the system, and those who was the text utilized by Rosh, Rif, and Ram - way is correct. the words of the Living God) x and understands follow Halakhah are entitled to lead a normal bam as well. To take an extreme example, the Gemara, the Gemara when it says that both the opinion life. xix Mishneh Torah , ibid. commenting on Tamar’s willingness to be of those who permit and the opinion of those Similarly, many famous Rishonim and xx According to the Beit Yosef , Orah Hayyim killed rather than defame Yehudah’s reputation who forbid were given by God at Sinai to allow Aharonim made halakhic decisions based on 473, the Tur includes even this element zekher and reveal that he had impregnated her, states for multiple halakhic truths, xi then there can be the premise that the Jewish people are funda - la-tapuah . Cf. Bayit Hadash , Orah Hayyim that “a person should rather throw himself into numerous valid ways of reading a given set of mentally righteous, and therefore whatever ibid. the fiery furnace than embarrass his friend pub - sources. Thus, one is confronted with the they do must be correct, even if the only pos - xxi Rema to Shulhan Arukh , Orah Hayyim 473. licly.” iv Tosafot v and other commentators vi question of the Gemara, “[If this is the case,] sible support is textually tenuous. Sometimes, take this statement at face value, though they how can I learn Torah?,” or, more precisely, these arguments are framed as a limmud zekhut 16 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag

The upcoming issue of Kol Hamevaser on “Judaism in America” will, God willing, be released when we arrive back for Fall 2010.

In the meanwhile, the Editorial Board of Kol Hamevaser would like to thank our readership for another wonderful year of discussion and engagement. We look forward to an even better volume of Kol Hamevaser next year.

Wishing everyone a hag sameah during the approaching Zeman Mattan Torateinu and a wonderful summer!

VolumeVolume IIII,II, Iss uIssuee 7 7 www.kolhamevaser.com 17 Kol Hamevaser (post facto justification), where the posek sug - limited area. xxv It is only with this scope and Hayyim . Without this respect, however, his so as not to incriminate their communities. See gests not relying on the hetter (permitting rul - vision that one can truly understand how Ha - opinion, despite its legal brilliance, is funda - Haym Soloveitchik, “Religious Law and ing) if possible, but sometimes they become lakhah works. mentally flawed, because deciding Halakhah Change: The Medieval Ashkenazic Example,” the basis for accepted pesak . The Ba’alei ha- The second criterion can, I think, be ob - is about much more than exegesis. AJS Review 12,2 (Autumn 1987): 205-221. Tosafot are known for using this notion of ke - served in the codification of the rules of pesak See footnotes there for a fuller discussion of hillah kedoshah (holy congregation) – the in Shulhan Arukh . The halakhot concerning the methodology of the Ba’alei ha-Tosafot . assumption that the Jewish people are funda - who can paskn, when he has the authority to Jonathan Ziring is a senior at YC major - xxi Arukh ha-Shulhan , Orah Hayyim 319:22. mentally righteous, and that, even if they act in do so, and what issues he can paskn on are all ing in Philosophy and Jewish Studies and is a See Shulhan Arukh , Bei’ur Halakhah 319, s.v. questionable ways, their practices can be jus - addressed in the same siman as Hilkhot Kevod Staff Writer for Kol Hamevaser. “Mi-Tokh .” tified – as a basis for reading texts in ways that Rabbo ve-Talmid Hakham , the laws of respect xxii Responsa Maharik , responsum 8. ratify the . xx The Arukh ha-Shulhan , towards one’s rabbi and a Torah scholar .xxvi xxiii The opinion of Me’iri is that the laws that which is more recent, is replete with arguments Many of those halakhot limit even those capa - exclude non-Jews from being saved on Shab - that are explicitly based on this principle. To ble of issuing legal rulings from doing so in sit - i See, for example, Sotah 21a and Bava Kamma bat only applies to idolaters, not those who are take one striking example with regard to borer uations where exercising that authority would 92a. bound by religion. This opinion is found in his (the prohibition of selectively separating on be disrespectful to their teachers. It seems that ii Gerald J. Blidstein, “Who is Not a Jew? The comments to Pesahim 21b, s.v. “ Kevar ,” and Shabbat), the author writes that he presents his the reason for this limitation is obvious: even Medieval Discussion,” Israel Law Review 11,3 to Yoma 84b, s.v. “ Pikkuah .” (Note that it is un - kullot (leniencies) in this area in order to de - if one has the requisite erudition, he cannot (1996): 369-390, at p. 389. clear whether the categories being distin - fend the questionable practices of the women paskn if he does not have respect for the sys - iii Sanhedrin 17a. Based on Va-Yikra 11:31. guished are idol worshipers and those who are of Israel, who devote so much time to prepar - tem and its leaders, a prerequisite for being a iv Sotah 10b. bound by religion, or idol worshipers and gerei v Tosafot to ibid., s.v. “ Noah lo le-adam she- toshav .) This ruling relates to the general opin - “Even if one has the requisite erudition, yappil et atsmo le-tokh kivshan ha-esh .” ion of Me’iri, found in hundreds of places vi See, for example, Rabbeinu Yonah in throughout his commentary, that the non-Jews Sha’arei Teshuvah 3:140, where he claims that of today are not in the same halakhic category he cannot paskn if he does not have this sin is subsumed under the prohibition of as the idolaters of the Talmud. See Moshe Hal - murder. bertal, “‘One Possessed of Religion’: Religious respect for the system and its leaders, a vii For more on the traditionally accepted car - Tolerance in the Teachings of the Me’iri,” The dinal sins, see, for example, Pesahim 25a and Edah Journal 1:1 ( Marheshvan 5761): 1-24. It prerequisite for being a responsible Sanhedrin 74a. should be noted, however, that R. Aryeh Klap - viii For simplicity concerning the three cardinal per has raised many objections to Halbertal’s transmitter of Jewish tradition.” sins, I adopt the opinion accepted by Rambam contentions. The main arguments are found in (Hilkhot Yesodei ha-Torah 5) and Shulhan a yet unpublished paper originally presented at ing for Shabbat, against the attacks of the au - responsible transmitter of Jewish tradition. Arukh (Yoreh De’ah 157), though there are the 2007 AJS Conference. For a summary, see thor of the , who accuses This plays itself out in the prohibition against and Amoraim who limit or expand http://text.rcarabbis.org/?p=604#foot - them of doing wrong. xxi ruling on a halakhic issue in front of one’s the number of cardinal sins. See, for example, note_0_604 , or listen to the audio version: Even those who are hesitant to stake ha - teacher without his permission, xxvii as well as the opinion of R. Meir in Ketubbot 19a (and http://www.archive.org/details/RabbiKlapperP lakhic opinions based on the minhag of the not referring to one’s teacher by his first Ramban’s commentary there), who includes askeningLiketheMeiriReflections . masses may be willing to do so based on the name. xxviii From the writings of Rema and his theft, as well as the opinion of R. Elazar in xxiv The relevance of retson ha-Torah (the de - actions of one or many halakhic authorities. placement of the prohibition against ruling Sanhedrin 74a, who limits them only to idola - sire of the Torah) and principles of that sort de - Maharik, for example, claims that in the case while intoxicated in this siman ,xxix it seems that try. serve to be mentioned here, though it is not of ancient customs that were established by Halakhah also requires that one paskn with the ix Responsa Rivash , responsum 171. I would within the purview of this article to deal with prominent scholars, one can apply the principle utmost seriousness. It follows that these restric - like to thank R. Aryeh Klapper for referring me that topic. I hope at some point to publish an of Minhag oker Halakhah , custom uproots tions are relaxed if the posek is not issuing a to this source. analysis of that issue. law. xxii Sometimes, posekim are even willing ruling that requires his own input but is rather x Eruvin 13b. xxv Rambam, Mishneh Torah , Hilkhot San - to take moral considerations into account. As simply relying on earlier sources. xxx The com - xi See Hagigah 3b; Rabbi Michael Rosensweig, hedrin 4:8. Lehem Mishneh ad loc. points out I have often heard from R. Lichtenstein, if he mon denominator is that part of being allowed “Elu va-Elu Divre Elokim Hayyim: Halakhic that this ruling is based on a passage in the were in a situation in which a non-Jew was in to paskn is recognizing the limits of one’s own Pluralism and Theories of Controversy,” Tra - Yerushalmi, Massekhet Hagigah 1:8. fatal danger on Shabbat and there was no con - abilities and the respect one must accord to the dition 26,3 (Spring 1992): 4-23; and Rabbi xxvi Shulhan Arukh , Yoreh De’ah 242. cern of eivah (enmity) on the part of the non- system and all that it entails. Nathaniel Helfgot, “Minority Views and the xxvii Ibid. 242:4. Jewish population toward the Jews – for However, I think there is one factor that Role of the Mara De-Atra,” August 31, 2009. xxviii Ibid. 242:15. instance, if he were isolated on an island where makes the process of pesak more complicated Available at: http://text.rcarabbis.org/?p=149 . xxix Ibid. 242:13. This explanation is opposed no one else would know whether or not he had today, and that is the vast body of resources xii Hagigah 3b. to the understanding that the problem of saved the non-Jew – he would rely on the opin - available to us without exposure to human xiii See, for example, Berakhot 9a. paskening while drunk is one of simply being ion of Me’iri and rescue him, xxiii as he would transmitters of the masorah (tradition). The xiv R. Aharon Lichtenstein, “‘Mah Enosh’: Re - unable to think clearly, as implied in Eruvin consider it a moral she’at ha-dehak . Lehem Mishneh suggests that the prohibition flections on the Relation between Judaism and 64a, quoted by the Terumat ha-Deshen 42. However, if exegetical claims are insuffi - against ruling in front of one’s teacher no Humanism,” The Torah u-Madda Journal 14 From the words of Rambam, it seems that cient and posekim rely on other, non-halakhic longer applies because books are now our (2006-2007): 1-61, at pp. 47-50. paskening in such a state also constitutes a vi - values in making their final decisions, what en - teachers. xxxi If this was true in the time of xv Our version of the Yerushalmi, Massekhet olation of the kedushah (holiness) required for sures that a pesak will responsibly reflect Ha - Lehem Mishneh in the 16 th century, it is defi - Kil’ayim does not include this quotation. pesak , since he codifies this halakhah in Mish - lakhah? It seems to me that there are at least nitely true today in the age of the Bar-Ilan Re - xvi See, for example, Ramban to Hullin 10a, s.v. neh Torah, Hilkhot Bi’at ha-Mikdash 1:3 and two criteria. One is that the posek be someone sponsa Project and the Internet. Nevertheless, “Ad .” links it to the prohibition against serving in the who understands the system in its totality. even if books and online resources are techni - xvii R. Michael Rosensweig pointed out that Beit ha-Mikdash while inebriated. When this is the case, even if he cannot prove cally considered our teachers, the fundamental Rashi to Yevamot 88a, s.v. “ Ve-Amar ,” seems xxx Shulhan Arukh , Yoreh De’ah 242:9,13. his argument exegetically, he can justifiably values represented by those laws of kevod to make a similar claim without referencing the xxxi Lehem Mishneh to Mishneh Torah , Hilkhot claim that his intuitions are in line with the rabbo must be kept in mind; we must still re - Yerushalmi. Talmud Torah 5:4. Torah system. xxiv I have heard many times spect the scholars who are transmitting the ma - xviii Va-Yikra 19:14. from R. Michael Rosensweig about the ha - sorah , especially those who continue to teach xix Shemirat Shabbat ke -Hilkhatah 40:8 and n. lakhic intuition that comes from knowledge of us, whether or not they exactly fit the category 27. the entire Torah, and it is in order to ensure of rabbi muvhak (primary teacher). When a xx Dr. Haym Soloveitchik has pointed out that such intuition that Rambam requires that one posek approaches the halakhic process with the Ba’alei ha-Tosafot distinctly did not see be able to paskn in all areas of Torah in order this respect, his opinion can legitimately enter themselves as reinterpreting texts, but rather as to even be granted permission to paskn in a the canon of valid pesak , or divrei E-lohim reading them the way they must be interpreted

18 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag The Synthesis of Heritage and Personal Innovation i BY: Ariel Pinn thoughts in Torah after it was given in its stein, zts”l , permitted women to go to the boundary, moving from hiddush to shinnui , entirety at Har Sinai ? [ Presumably,] the mikveh with earplugs, a ruling which went and the Rav was subsequently forced to ad - he student of Torah, when reflecting creator of new ideas is merely revealing against prior opinions on the subject. x Subse - dress it in a derashah (sermon) at the Rabbini - upon its depth, recognizes that it must that which was previously hidden in the quently, the sho’el questioned whether one can cal Council of America Convention. xxiii His Tcontain aspects not yet articulated by words? The Hazon Ish replied: All the follow this decision, considering that it was opening statements illustrate the gravity of his any of his predecessors. ii Which guiding prin - laws of nature have been set in the world against the conclusions of previous genera - words: “What I am going to say, I want you to ciples should he use to determine if his unique from the time it was created. However, tions. R. Moshe contended that it is irrespon - understand, is my credo about Torah and about insights subscribe to amittah shel Torah (the Torah contains the thought of Hashem sible to decide a law based solely on the works the way Torah should be taught and Torah truth of the Torah)? The Nefesh ha-Hayyim Who is above Creation, and [therefore] of earlier generations, as there are constantly should be studied.” xxiv He then firmly estab - (whose fourth section is dedicated to describ - any explanation in the writings [of Torah] new cases that arise. The Torah is to be imple - lishes the role of intellect in talmud Torah : ing the unparalleled exaltedness of Torah and which has not yet been revealed has not mented in each generation in accordance with “[…] The study of Torah has never been its role of upholding all of Creation) magnifi - yet reached the stage of ‘Creation;’ rather, its arbiters of Halakhah. xi It is certainly permis - for me dry formal intellectual perform - cently describes the merit of one who reaches its existence is [solely] in the knowledge sible for a talmid hakham to state an opinion ance, no matter how important a role the this priceless goal: of the One Above. Only after a person contradictory to previous rulings of Aharonim intellect plays in limud hatorah […] tal - “[Concerning] true hiddushim (novel merits and perceives the intention of the and at times even the Rishonim. xii This must be mud torah is more than intellectual per - ideas) in Torah which are devised by man, Giver of the Torah in some explanation – done with “an in-depth examination of the Tal - formance. It is a total, all-encompassing there is no value to the magnitude of their only starting from that moment is the hid - mud and the classic literature, utilizing sharp and all-embracing involvement – mind awesome wondrousness and their effects dush materialized into the reality of the intellect and accurate proofs, even if the con - and heart, will and feeling, the center of in Heaven. For each and every individual created world, [and is thus] accordingly clusions are new […] as is stated: ‘The only the human personality - emotional man, word, which is devised in the mouth of called a new idea.” vii consideration for the judge is that which his logical man, volunteristic man – all of man, the Holy One Blessed be He kisses His words show that there surely is a con - eyes see.’ xiii ” One caveat is that his words may them are involved in the study of Torah. it and crowns it, and builds from it a new cept in Judaism of man-driven hiddush result - not conflict with those of the globally accepted Talmud torah is basically for me an ec - world of its own.” iii ing from thorough engagement with the Torah, authorities on Shulhan Arukh . Additionally, static experience, in which one meets G- What is required to develop a hiddush that as is well known in every beit midrash. Indeed, this should only be exercised in great need, d […] So must every Jew who engages in will achieve such awe-inspiring heights? we see this manifest when each year a multi - similar to the aforementioned case which talmud torah stand before G-d with fear, would otherwise result in the termination of a awe, and tremor.” xxv “In Jewish law, a musmakh is not simply one marriage. xiv Perforce of this perspective, the true stu - The Rav, in Halakhic Man , emphatically dent of Torah will display humility, since he is who studied its laws; he must be a part of that addresses the importance of hiddush :xv “Ha - engaged in the awesome words of Hashem. xxvi lakhic Man is a spontaneous, creative type. He “When a finite being meets the Infinite, the transmission of Masorah which began is not particularly submissive and retiring, and Maker of the world, this meeting must precip - is not meek when it is a matter of maintaining itate a mood of humility.” This humility effects with Moshe Rabbeinu passing the his own views.” xvi However, in the context of a surrender to the Almighty in two areas. There his passion for hiddush , he adds a critical stip - is a surrender of “everyday logic” in deference tradition on to Yehoshua.” ulation to the halakhic man’s outlook: “He rec - to the reasoning of the Masorah , and also a ognizes no authority other than the authority of surrender of the will of a person to the dictates Pirkei Avot , the fundamental representa - tude of new works can be found on the shelves the intellect (obviously, in accordance with the of the Masorah . He must have a complete kab - tion of Jewish Hashkafah (outlook), specifi - of Judaica stores. principles of tradition).” xvii The Rav then con - balat ol malkhut Shamayim (acceptance of the cally places the description of Torah Ha-Gaon ha-Rav Yosef Dov Ha-Levi tinues to describe how hiddush is placed on a yoke of Heaven) – and a yoke can be uncom - inheritance as its inaugural statement: “Moshe Soloveitchik, zts”l (henceforth “the Rav”), il - pedestal in Judaism. He stresses that hiddush fortable at times. xxvii received the Torah from Sinai, u-mesarah iv to lustrated this idea by quoting the hesped (eu - is not merely permissible – it is imperative: From a background of talmud Torah that Yehoshua, and Yehoshua to the Elders, etc.” v logy) which Ha-Gaon ha-Rav Velvel “Halakhic man received the Torah from is rooted in complete kabbalat ol malkhut This was the founding step of the institution of Soloveitchik, zts”l (his uncle), delivered for Sinai not as a simple recipient but as a cre - Shamayim , the Rav continues by outlining four semikhah , whereby Torah is passed from sage Ha-Gaon ha-Rav Hayyim Soloveitchik, zts”l ator of worlds, as a partner with the areas which emerge from such a relationship: to student. While Moshe Rabbeinu dissemi - (the Rav’s grandfather). There, he described Almighty in the act of creation. The “Firstly, we must pursue the truth through nated the sacred words of the Torah to that in R. Hayyim’s exploration of the vast power of creative interpretation ( hị ddush ) singular halachic Torah-thinking and Yehoshua, he also transmitted his personal depths of Torah, “he had no need for a library is the very foundation of the received tra - Torah-understanding: from within, in ac - guidance to the future leader of the nation. In [of sefarim ]; his bookshelf contained only the dition […] All new, creative insights that cord with the methodology given to Jewish law, a musmakh (one who received fundamental sources and no more.” viii This a bright student will glean are an integral Moshe and passed on from generation to semikhah ) is not simply one who studied its highlighted his reliance on the core Jewish part of the Oral Law xvi […] The essence generation. The truth can be discovered laws; he must be a part of that transmission of sources alone to develop his novel and creative of the Torah is intellectual creativity.” xi only through joining the ranks of the Masorah (heritage) which began with Moshe interpretations. R. Shalom Carmy relates that However, while the implementation of Chachmei ha-Masorah [the ones knowl - Rabbeinu passing the tradition on to Yehoshua. the Rav himself shared a similar approach to creativity is essential, there is a limitation on edgeable in the Masorah ]. To say, ‘I have This system ensures that each student has the talmud Torah (study of Torah). ix Additionally, the context within which one can exercise it. discovered something the Rashba didn’t tutelage of a member of the Masorah , and is many decisions have been made in Judaism by As the Rav cautions in Halakhic Mind , “If an know, the Ketzos didn’t know, the Go’on provided with the proper shimmush talmidei talmidei hakhamim about new events and is - objective compass be lacking, the final port of of Vilna had no knowledge of; I have dis - hakhamim (live experience around talmidei sues which arose in their generations. For ex - landing is uncertain.” xx There is a distinction covered an approach to the interpretation hakhamim ) – the added personal shimmush ample, the crisis of in between suggesting a hiddush and steering to - of Torah which is completely new,’ is which cannot be learned from books, but rather Europe prompted the Hafets Hayyim, zts”l , to wards shinnui (change), which is a departure ridiculous. xxviii is an all-encompassing heritage from Har approve Schenirer’s righteous request to from the Masorah .xxi The Rav strongly con - For one to be part of the Hakhmei ha-Ma - Sinai . start the movement. Even though tests an approach that embraces shinnuyim : sorah , his statements must be made from Is there any room in this framework, one the movement diverged from the traditional “The abandonment of certain traditional con - within the framework of that Masorah ; to say based on reverence for traditions of the past, model of female education that occurred within cepts in favor of more modern ones is nothing a hiddush based on the surrounding influences for novel ideas? vi This question of permissibil - the home, the Hafets Hayyim realized that but sheer whimsicality if not foolhardy icono - is what leads to assimilation. Secondly, instead ity to engage in hiddush was once presented to based on the prevailing conditions, something clasm.” xxii of suffering an inferiority complex due to a the Hazon Ish, zts”l : had to be done. Historically, this issue came to a head prevailing societal motto that runs against the “How can it be tenable to invent new Similarly, Ha-Gaon ha-Rav Moshe Fein - when a certain rabbi decided to overstep this Masorah , one should feel a pride in that very

Volume III, Issue 7 www.kolhamevaser.com 19 Kol Hamevaser Masorah and eradicate any desire to yield As we have seen, the ultimate scholar of and wisdom, and (again in alphabetical order) ditions, as will be described. emotionally to modern conceptions. Thirdly, Torah, the talmid hakham , exhibits creativity. Sarit Bendavid and Shlomo Zuckier for their xiii Cf. Bava Batra 131. “One must not try to gear the halachic norm to In fact, it is critical to the definition of a Torah editing and valuable comments. Any errors xiv Iggerot Moshe ibid. [Please note that differ - the transient values of a neurotic society. sage. As R. clearly stated, it throughout should be attributed to the author. ing views of how to reach a Halakhic decision (That’s what our society is.)” Lastly, we are re - would be prohibited to base a decision solely ii See R. Baruch Simon, “ Ve-Ten Helkeinu be- have been expressed by talmidei hakhamim quired “to revere and to love and to admire the on an earlier source without an in-depth per - Toratekha ,” Imrei Barukh (Lakewood, NJ: throughout the generations.] words of the Chachmei ha-Masorah , be they sonal examination of the issue in its new con - MBH Publishers, 2009-2010), pp. 9-16, espe - xv I would like to thank R. Schachter, shlit”a , tano’im , be they amoro’im , be they rishonim . text as well. Similarly, the Rav enthusiastically cially p. 14 where he quotes Alshikh ’s interpre - for citing many of the following sources in Ne - They are the final authorities.” xxix encouraged such innovation. However, as both tation of the words in the Shabbat Shemoneh fesh ha-Rav , p. 64. The Rav explains, based on the words of R. Moshe and the Rav added, it would be Esreh “ve-ten helkeinu be-Toratekha ” (and xvi R. Joseph B. Soloveitchik, Halakhic Man , Rambam, xxx that one who makes an imprudent heretical to go in any way against the Masorah grant our portion in Your Torah) as referring to trans. by Lawrence Kaplan (Philadelphia: Jew - statement about the Hakhmei ha-Masorah is upon which Judaism rests, be it the specific, the [unique] portion in the Torah which each ish Publication Society of America, 1983), p. touching on heresy: mandated halakhot and minhagim or the her - soul received at Har Sinai . 79. See further the Rav’s words in Yemei “To speak about changing halochos of Zikkaron , trans. by Moshe Krone (Jerusalem: is at least as nonsensical as dis - “It would be heretical to go in any way World Zionist Organization, 1986), pp. 85-88, cussing communism at a Republican Na - where he stresses that Hashem commands man tional Convention. It is discussing to further that which He initially created. methods of self-destruction and against the Masorah upon which Judaism xvii Halakhic Man , ibid. […] We are opposed to shinuyyim xviii See Yerushalmi, Pe’ah 2:6 and Midrash (changes), but is certainly the rests, be it the specific, mandated halakhot Rabbah to Va-Yikra 22:1. very essence of Halocha . Chidushim are xix Halakhic Man , pp. 81-82. within the system, not from the outside and minhagim or the heritage of how a xx Rabbi Joseph B. Soloveitchik, Halakhic […] The human being is invited to be cre - Mind (Ardmore, PA: Seth Press; New York: ative, inventive, and engage in inspiring Jew should properly perform his Free Press, 1986), p. 90. research – from within, but not from with - xxi See ibid., p. 130. out.” xxxi avodat Hashem .” xxii Ibid., p. 90. There are two seemingly opposing ideals xxiii I cite in this article from two versions of this which must come to a resolution. The call for itage of how a Jew should properly perform his iii R. Hayyim Volozhiner, Nefesh ha-Hayyim derashah : “Surrendering to the Almighty,” ed. hiddush declares that the talmid should engage avodat Hashem . To reach the level of a talmid 4:12. Eitan Fiorino, Mail-Jewish (n.d.). Web access: in a free-minded approach. However, the foun - hakham certainly requires years of develop - iv It is difficult for me to translate this word ap - March 14, 2010 (currently unavailable at the dations of the Masorah define parameters. The ment in the walls of a beit midrash. Addition - propriately, since I do not know of a proper site); and “Surrendering to the Almighty,” ed. confluence of these two principles, as R. ally, there must be shimmush talmidei English equivalent for a giving of the entirety Dr. Isaac Hersh, Light 116 (1975), pp. 11-15, Rosensweig explains the Rav’s aforemen - hakhamim to develop an understanding of of Moshe Rabbeinu’s Torah, guidance, and 18, available at: http://www.scribd.com/ tioned ideas, xxxii is a recognition that we first what has been called “the fifth section of Shul - personality. Perhaps “deliver” or “convey” doc/4070482/Joseph-B-Soloveitchik- surrender to the Almighty by maintaining a full han Arukh ,” i.e. the types of halakhic rulings would scratch the surface. Surrendering-to-the-Almighty-and-reaction . kabbalat ol malkhut Shamayim , an aspiration which require personal intuition. These are but v Avot 1:1. xxiv Qtd. in Fiorino. which takes much time and effort to achieve. some of the many ways of properly acquiring vi I once heard that a talmid has permission to xxv Qtd. in Fiorino. Thereafter, the hiddushim of this halakhic man, Torah, which are listed in the last chapter of state a hiddush since he is merely recalling the xxvi Qtd. in Hersh, pp. 11-12 (for entire para - Torah which he forgot in his mother’s womb graph). (cf. 30b). A similar approach is pre - xxvii Ibid. “The ultimate scholar of Torah, the sented in Imrei Barukh (ibid.). xxviii Ibid. vii Shlomo Cohen (ed.), “ Hiddush Mahu ,” xxix Ibid., pp. 12-13 (for entire paragraph). Pe’er ha-Dor , vol. 3 (: Netsah, xxx Rambam, Mishneh Torah , Hilkhot Teshuvah talmid hakham , exhibits creativity.” 1970), p. 79; qtd. in R. Hershel Schachter, 3:8. “Hiddushei Torah ,” Ginat Egoz (, xxxi Qtd. in Hersh, pp. 13-14, 18. who embodies a heightened level of ahavat Pirkei Avot and expanded upon in Rambam’s NY: Flatbush Beth Hamedrosh, 2007), pp. 5- xxxii Based on personal conversations. Hashem (love of G-d) and yir’at Hashem (awe description of how to acquire the Keter Torah 7, at p. 6. See further “ Hiddushei Torah ,” ibid., xxxiii R. Rosensweig drew a parallel from the of G-d) and is anchored in the Masorah , will (the Crown of Torah). Ultimately, all of the 48 for terrific insights on this topic. Gemara in Menahot 29b, where Moshe be amongst the greatest Torah insights. xxxiii methods mentioned in that last chapter of viii R. Joseph B. Soloveitchik, “ Ma Dodekh mi- Rabbeinu was listening to the shi’ur of R. Additionally, for a talmid hakham to issue Pirkei Avot are necessary to ensure that one is Dod ,” in Pinhas H. Peli (ed.), Be-Sod ha-Yahid Akiva and was disheartened that he was unable a hiddush for halakhic application, he must be in line with the retson Hashem (will of G-d) ve-ha-Yahad: Mivhar Ketavim Ivriyyim to understand it. Thereafter, R. Akiva re - widely recognized in the Torah community. In when crafting a hiddush . Within such a frame - (Jerusalem: Orot, 1976), pp. 189-254, at p. sponded to a question by one of his students by describing such a personality, R. Rosensweig work, it is obligatory for the talmid hakham to 234. saying that a certain law was known only based employed the phrase of being an “ ilan ” present his hiddushim . ix Based on a personal conversation. on a halakhah le-Moshe mi-Sinai (law taught (a big tree, i.e. a talmid hakham of great stature May it be Hashem’s will that we succeed x R. Moshe Feinstein, Responsa Iggerot to Moshe at Sinai), and this put Moshe who is widely recognized). To make a decision in reaching amittah shel Torah (the truth of the Moshe , Yoreh De’ah 1:101 (for entire para - Rabbeinu’s mind at rest. What transpired here that seemingly goes against the longstanding Torah) through this careful enterprise of inno - graph). was Moshe Rabbeinu’s distress that there were tradition of the Jewish people would require vation within tradition. xi See Rashi to Devarim 19:17, s.v. “ Asher ,” teachings outside of the Masorah . When he one, or perhaps two, talmidei hakhamim of this who quotes that Yiftah in his generation was heard that it was all based on the same Torah, stature. This requirement of “big shoulders” is like Shemuel in his generation, and both however, he was elated. What we see from this highlighted by the Ketsot ha-Hoshen in his Ariel Pinn is a first-year talmid at RIETS should be respected. Rashi is intimating that story is that being within the Masorah serves sefer when defining the “ talmid vatik ” (veteran and is a senior at YC majoring in Computer even if the Torah sages of his time are not equal as the lynchpin to any hiddush . student) who is expected to develop hiddushim Science. in prominence to those of previous genera - There are many who desire, whether for psy - based on his human mental capacities, as long tions, one must follow their decisions. chological or social reasons, to invent highly as they have been found to be in-line with the xii See R. Hershel Schachter, Nefesh ha-Rav revolutionary ideas, and this does not follow ways of the Torah and the ideas of previous i I would like to give praise to Hashem for giv - (Jerusalem: Hotsa’at Bet ha-Midrash di-Flat - from the right to deliver a hiddush . As the Rav Torah sages. [To dissuade all who may jump to ing me the sayya’ta di-Shemaya necessary to bush, 1999), p. 34, who quotes R. Soloveitchik pointed out on multiple occasions, R. Hayyim include themselves in this elite category, see engage in this work. Thank you to (in alpha - as stating that while until the end of the Soloveitchik was revolutionary in his style of the continuation of the words of the Ketsot betical order) R. Shalom Carmy, shlit”a , R. Gemara there is no room to argue, it is permis - learning by using a new set of categories, but where he tries to justify himself as being wor - Michael Rosensweig, shlit”a , and R. Hershel sible after that point for a great talmid hakham this was obviously rooted in the same Torah as thy of this status!] xxxiv Schachter, shlit”a , for contributing their time to assert his own opinions under certain con - that of Rashba, the Ketsot ha-Hoshen, and the

20 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag Netsiv. His Yoreh De’ah , where pots and pans became theoretical halakhic constructions, was the same Yoreh De’ah that the Shakh had com - mented upon. As is exemplified by ha- An Interview with Rabbi Hershel Schachter hodesh (the sanctification of the new month), the choice of which day rosh hodesh (first day of the new Jewish month) will fall out on is in BY: Staff (primary teacher) for the entirety of Kelal Yis- thing before him. the hands of the Sanhedrin , even if they inten - rael, even if they have never met their He also has to be an honest person. Some- tionally avoid selecting the most natural day. ho is qualified to give a pesak Ha- talmidim, and the din is that the pesak of a rav times you have a rabbi who is a politician and However, their choice is still limited; they may lakhah (halakhic ruling)? What muvhak is binding on his students.iv Similarly, says one thing to one person and another thing choose to make the previous month 29 or 30 Wmakes his ruling binding upon a the mara de-asra (local rabbinic authority) of to a different person, giving everyone the an- days, but no less and no more. large group of people? a particular area is considered the rav muvhak swer that he wants to hear. That is obviously Examples such as the aforementioned decision To give an original pesak on a new of all of his balabatim, which gives his pesak inappropriate. of the Hafets Hayyim to permit the Bais she’eilah (halachic question) or a hachra’ah a level of authority over them. If a person dav- Finally, he must be a yere Shamayim Yaakov movement, or, similarly, the Rav’s en - (decision) on an old machalokes is not easy. A ens in a few shuls, he should listen to the pe- (God-fearer). The Gemara talks about why the couragement of women to engage in talmud person has to have a strong tradition in Torah sakim of the person he considers his rav pesakim of talmidei chachamim are binding Torah at higher levels, can be viewed in one of logic. Common sense has its own system of muvhak, who made him into a talmid chacham and says that it is because “sod Hashem li- two ways. Some suggest that they fall under logic and so does Halachah. And to know Tal- and a Torah personality. yere’av”vii – God gives the secrets of under- the category of “ Et la’asot la-Hashem, heferu mudic, halachic logic, you have to be learned standing the Torah to those who fear Him.viii Toratekha ” – “It is a time to act for Hashem; in all areas of Torah. A posek cannot “special- Which characteristics should a person Usually, we assume that the more learned one they have annulled your Torah” ( Tehillim ize” in one area of Halachah alone. In order to look for when choosing a personal/family is, the more yir’as Shamayim he has. If, how- 119:126). This concept was used to permit the be an expert in medical Halachah, you have to posek? Is it appropriate to choose one posek ever, the rabbi of my choice is very learned but writing of the Torah she-be-Al Peh (Oral Law) know Nashim, , , and To- for one area of Halakhah and another for a dif- seems, unfortunately, to lack yir’as Shamayim, (Gittin 60a), and is used in similar, very limited horos, because everything in Halachah is inter- ferent area? Is it problematic, halakhically or he is not ra’ui (worthy) to receive divine assis- cases where the violation of certain principles connected and interrelated. otherwise, for someone to ask she’eilot to a tance in figuring out what the dinim are. is necessary for the protection of the Jewish Most rabbanim who have semichah are rabbi other than the leader of his or her In picking a rabbi, then, you have to make people (see Rashi to Tehillim ibid., s.v. “ Et ”). not qualified to issue an original pesak – not shul/kehillah? sure he is very learned, humble, honest, and Rambam compares this to the necessary evil of just on a new she’eilah that comes up, but even God-fearing, and then we assume that God will undergoing an amputation to save the rest of an old one where there are different opinions. assist him and prevent him from making a mis- the body – if Torah was not written down, it If a person does not have the tradition of how take in pesak. would have been lost forever. The state of af - to navigate and decide, he is simply not eligible In terms of seeking out multiple posekim, fairs in Europe following the Enlightenment to do so. The Gemara in Avodah Zarah (5a) the Chazon Ish writes that years ago there was and later in America, where many women were says that you have to be 40 years old to paskn one rabbi in each community who was an ex- pursuing higher degrees, prompted this princi - a halachic question, unless there is no other pert on everything; he was able to paskn, give ple to be invoked. Others claim that these talmid chacham over the age of forty who is a shi’ur, and decipher difficult state- breaks from tradition are in fact an ideal, for available.i I once taught this in public, and Dr. ments of the Rambam. The Noda bi-Yehudah women are allowed or even should be encour - Lamm got very upset with me, saying that we [Rav ] is a good example of aged to increase their understanding of Torah. are not going to withhold every musmach’s this model: he gave shi’urim to his talmidim, They will have a kiyyum (fulfillment) of tal - semichah until he is forty. I responded, though, wrote teshuvos and paskened she’eilos, and de- mud Torah , and at the very least their Torah that if a musmach is going to lead a community livered derashos (sermons) to balabatim. knowledge should be on equal footing with where there is no one else over the age of forty Then, after the Industrial Revolution, when their secular studies. who is qualified to paskn, you have no everything began to run according to a division xxxiv Ketsot ha-Hoshen , Introduction, s.v. “ U- bereirah (choice) and should grant him semi- of labor – this person made the right sleeves on ba-Zeh yuvan ,” and “ U-be-Midrash ;” qtd. in chah. Otherwise, if he is going to live in New the suit, the other one the left sleeves, and a Ginat Egoz , p. 7. York, there are plenty of other talmidei third one the pockets – the same thing hap- chachamim over 40 available by telephone. In pened in the world of learning: one person be- such a case, it is inappropriate for such a young came an expert in one area of Halachah and musmach to paskn. another an expert in a different area. We, too, Sometimes, of course, it is an open-and- have developed a division of labor. In fact, Rav shut she’eilah. In such a situation of mar’eh Chayyim Ozer Grodzenski, when Rabbi Elie makom ani lach (I am simply pointing you to Munk asked him about the in Paris, sent a source), it would be appropriate for a person The Mishnah says “aseh lecha rav”v – the she’eilah to the Chazon Ish in Bnei Brak, under 40 to paskn.ii However, in a lot of in- you have to pick a rav to paskn all of your because he considered him an expert in eruvin. stances, it might, when looked at from a cir- she’eilos. He has to first and foremost be very Similarly, when he had a question in Hilchos cumscribed, focused perspective, seem to be knowledgeable. If I know that my rabbi is not Mikva’os, he sent it to the Chazon Ish’s the exact same she’eilah, but because of some so learned, even if he is a very nice person, I brother, who was considered an expert in that outside factors it in fact is not and you have to simply cannot rely on him to paskn. area. In every yeshivah today, you encounter apply a different se’if (paragraph) when Second, he has to be humble. The Gemara the same thing: you have the Rosh Yeshivah paskening. Oftentimes, because the world is says that we paskn like the Beis Hillel against who says the pilpul shi’ur and explains diffi- changing so quickly, a question that once re- the Beis Shammai, because, among other rea- cult statements of the Rambam, the posek who ceived one answer will today require a differ- sons, the Beis Hillel were more humble than paskens the she’eilos, and the mashgiach who ent one. the Beis Shammai, and one who is more hum- gives shi’urim on Hashkafah and In terms of authority in pesak, the Chum- ble stands a better chance of succeeding in (faith). mash tells us that the pesakim of the Beis Din pesak.vi If one lacks humility, he will make up This trend, however, is somewhat prob- ha-Gadol (Great Court) are binding on every- his mind in advance that he is going to stick to lematic, because each person has a different body.iii I think the reason that they are binding his opinion and will not be willing to listen to style and mahalach (method) in his is that the Beis Din ha-Gadol is not a political the facts or be open to changing his view. Con- machashavah and mode of pesak. No two peo- body, but is rather composed of the gedolei ha- versely, a person who is humble is not going ple are exactly the same. Rav Chayyim dor (greatest men of the generation). As a re- to insist that his muskal rishon (first impres- Soloveitchik’s and Rav Velvele’s sefarim share sult, its members have the status of rav muvhak sion) is correct, but will rather consider every- much in common but are, in fact, very different

Volume III, Issue 7 www.kolhamevaser.com 21 Kol Hamevaser stylistically. So if you are going to follow one In the works of the , though, sics, it does not make sense to be machamir person’s pesakim in mikva’os and another’s in this expression has changed and is used when like the Mishnah Berurah . We simply do not Does Halakhah change over time and, if eruvin , there may be contradictions in style that a posek thinks that the tsad hetter (lenient side) recommend chumros for anybody and every - so, in what ways? When, if ever, are halakhic you do not notice as an outsider. Ideally, then, in a case is stronger than the tsad issur (pro - body. They were known as Chasidei Ashkenaz innovations acceptable? it is more correct to ask all of one’s she’eilos hibited side). A lot of times, a she’eilah that for a reason – they were tsaddikim who tried Halachah does not change over time. We of the same person. But we live in a generation comes up is not so straightforward and easy, to observe all the dinim and then some. believe “ ani Hashem lo shanisi ” (I am where we have divided up these roles among because there are different opinions on the I have heard that Rabbi Yehuda Amital Hashem, I have not changed). xvi Because the different religious figures. As a result, you matter. So when a moreh hora’ah (halachic de - would often comment that when he learned in essence of God does not change, and we as - should try to pick experts in each field of Ha - cisor) wants to be meikel in a particular case, yeshivah as a teenager, they would study Mish - sume that the Torah is a description of E-lohus lachah who have approximately the same style he will use that expression to justify doing so. nah Berurah , and whenever they would arrive (Godliness), Halachah cannot change either. of learning so that you maintain some level of But it is still just an expression; I do not think at the words “ ba’al nefesh yachamir ” (an am - However, the world around us is ever-chang - consistency. it is a halachah or a din . It is a din , though, that bitious person should be stringent), they would ing, and because of that, the way Halachah is Can you pick someone other than your you are not allowed to be machamir unneces - say that that phrase refers to someone else – practiced today is not exactly the same as it local shul rabbi? Sometimes, you do not have sarily, because doing so causes a hefsed not them. But now, he observed, every bachur was one hundred years ago, fifty years ago, or a choice. The local rabbi is often a nice person mamon Yisrael (a financial loss to a Jew). Why in the yeshivah thinks that he is the ba’al ne - even yesterday. There are so many changes who succeeds in maintaining peace and order should you tell someone to throw out some - fesh . Who says that you are on the madregah taking place and the slightest one makes for a in the shul . That, perhaps, is the main function thing which is perfectly kosher? If it is muttar , (level) of a yere Shamayim ? Maybe after you new she’eilah . In almost every siman in of a rabbi today. The Avnei Nezer has a teshu - it is muttar . In the Viddui (Confessional) get married and become known as a medakdek , you have many se’ifim , not vah in which he quotes the pasuk in Mishlei quoted from Rabbeinu Nissim Gaon which is be-mitsvos (scrupulous person in mitsvah ob - just one, so that under different conditions, you (29:4), “ Melech be-mishpat ya’amid erets ” (A recited on , we say that we made servance) – maybe then you will fall under that follow a different se’if . Every she’eilah has to king sustains the land through justice), and ex - mistakes in both directions – things that were category. A lot of times, people accept upon be taken within the historical context in which it comes up and with the proper perspective. “You do not have to be so knowledgeable to be So the application of Halachah changes, even as Halachah itself does not. In my introduction to Erets ha-Tsevi , I machamir , but to be meikel , you really need give the mashal (example) that Avraham Avinu, when there was a famine, left Erets Yis - rael for Mitsrayim. Then, in the days of to know how to learn in order to ensure Yitschak, there was another famine, so he thought to go to Mitsrayim also. Yitschak was known for following the traditions of his father that your kulla is correct.” – he dug the same wells as his father had and plains that just as the role of the government is asur we treated as muttar , and things that were themselves chumros when they are not on the gave them the same names, etc. xvii So the to keep law and order, so, too, the role of the muttar we treated as asur . madregah to observe them. Chumros are like , quoted by Ha-Kesav ve-ha-Kabbalah , rabbi is not so much to paskn she’eilos – the The concept of ha-machamir, tavo alav jewelry, something extra that you take on in comments that Yitschak followed the whole majority of which have been worked out al - berachah appears in Tosafos. xi It was also a order to enhance your avodas Hashem (service masorah (tradition) of his father, and wanted ready in Shulchan Aruch – but rather to main - policy of the Chasidei Ashkenaz that developed of God). If you are not yet keeping the basic to continue doing so by leaving for Egypt, but tain peace in his community. ix So sometimes over the course of many years. The attitude dinim , adopting a chumra is like a woman who then the Ribbono shel Olam told him no – you your local Orthodox rabbi does an excellent was that while me-ikkar ha-din (strictly speak - is wearing pajamas putting on a piece of jew - are an olah temimah (a perfect offering) job of leading his kehillah but is not so strong ing), we know that we paskn according to the elry – it does not enhance her good looks. If brought on the mizbeach (); you are not al - in Halachah, and in that case it does not make meikel opinion in a particular machalokes , we she is wearing a nice dress or suit and puts on lowed to leave for la-Arets . He thought sense to ask your she’eilos of him, since that should really treat every machalokes as if it jewelry, that is one thing; otherwise, the jew - he was doing exactly the same thing as his fa - is not really his expertise. In Europe, they used were a safek what the din should be. That atti - elry is out of place. ther by deciding to leave, but Hashem in - to have a rav and a dayyan (judge); the bala - tude was then combined with the teaching of It should be noted that one who is in a po - formed him that the circumstances had batim asked their she’eilos to the dayyan and the Midrash, based on the pasuk in Koheles sition of leadership is supposed to be changed. the rav had other responsibilities. 7:18, that “ yere E-lohim yetse es kullam ” – zeh machamir . The Rambam in the end of Hilchos Similarly, the Gemara tells us that Moshe Rabbi Abbahu be-Kisrei (“a God-fearer fulfills Melachim (5:9) says that you are not allowed Rabbeinu made many charamim (bans) on What does it mean that koah de-hetteira them all” – this refers to Rabbi Abbahu in Cae - to leave Erets Yisrael unless there is a real cities Benei Yisrael fought against, xviii so adif (the power of permissibility is greater) and sarea). xii Rabbi Abbahu was the one who made famine there. However, he notes, even in that Yehoshua bin Nun made a cherem on Yericho how does one apply that rule? How does this the (edict) to blow all the possible situation it is a middas chasidus (sign of piety) thinking that he was doing the exact same thing principle accord with concepts like ha-ma - combinations of blasts on Rosh ha- not to do so, as we learn from Megillas Rus , in as his had. The Ribbono shel Olam got hamir, tavo alav berakhah (blessing should de - Shanah – tasha”t , tara”t , and tashra”t xiii – be - which Elimelech, Machlon, and Kilyon were angry with him for having done so, though, be - scend upon the stringent) and yere Shamayim cause he was not sure what the correct teru’ah punished, the Gemara says, for having left the cause the circumstances had changed: Moshe yetse yedei sheneihem (a God-fearer tries to sound should be, and so the Chasidei Ashkenaz land, even though there was a famine at the Rabbeinu made his charamim before Benei fulfill both)? When, if ever, is it a good idea to towards the end of the period of the Ba’alei ha- time. The reason is that they were the gedolei Yisrael crossed the Yarden , so there was no din take upon oneself a personal humra (stric - Tosafos adopted the view that everyone should ha-dor – Rashi translates the word “ Efrasim ” of kol Yisrael arevim zeh ba-zeh (every Jew is ture)? try to be machamir and satisfy the opinions of to mean “ chashuvim ” (important people) xiv – mutually responsible for the next); Yehoshua, de-hetteira adif in the original con - all the posekim on a given topic. and should have been machamir to stay. xv They though, made his cherem after that din took ef - text in the beginning of Beitsah (2b) only The Mishnah Berurah then picked up on were looked up to and were the leaders of the fect, so all of Benei Yisrael would be responsi - means that if you are a Tanna composing Mish - that idea and took it further. The truth is that community, so we learn from them that the ble for the sins of those like Achan who nayos or Beraisos and you can present a din or the Mishnah Berurah is really more appropri - rabbanim are supposed to be machamir when - violated the cherem , potentially endangering machalokes ha-Tanna’im in two ways, one of ate for benei ha-yeshivah and not for balaba - ever possible. Balabatim generally think they them all. He simply did not realize that he was which will emphasize a chiddush lehachamir tim , since yeshivah bachurim usually have the can observe ten levels lower than the rabbi living in a different generation and the (a novel stringency) and the other of which will luxury of being machamir , whereas balabatim does, so if the rabbi is just following the ikkar she’eilah was a different she’eilah . emphasize a chiddush lehakel (a novel le - generally do not. They used to quote in the ha-din , it will turn out to be a problem. The Oftentimes, people will say, “My father niency), it is preferable to do the latter, be - name of Rav Henkin that the Mishnah Berurah rabbi has to grow into his position and act like belonged to the Agudah, so I belong to the cause, Rashi explains, anyone can be is meant for yeshivah bachurim while the a ba’al nefesh and a yere Shamayim , even if he Agudah; my father belonged to the Mizrachi, machamir .x You do not have to be so knowl - Aruch ha-Shulchan is more for balabatim , be - is not fully on that level yet. The phrase “ adam so I belong to the Mizrachi,” without taking edgeable to be machamir , but to be meikel , you cause the Aruch ha-Shulchan is often noteh le- chashuv shanei ” (an important person is differ - into consideration that today everything is to - really need to know how to learn in order to hakel (tends more to be lenient). ent) appears throughout the Gemara precisely tally different: that was before Hakkamas ha- ensure that your kulla is correct. Still, if a ben yeshivah is lacking in the ba - for this reason. Medinah (the establishment of the State) and

22 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag before Milchemet Sheshet ha-Yamim (the Six look at the original set of the Ba’alei ha- words of the Living God) is a halachic princi - mekubbal is wrong and will be mevi li-yedei Day War)! The Agudah today is not necessarily Tosafos to make sure that one understands ple and that bi-she’as ha-dechak (in extremis) kilkul (lead to mistakes) if it continues to be the same as the Agudah of 50 years ago. Every - Tosafos properly. you can rely on the shittah ha-mekilah (lenient followed. In a lot of instances, Rav Moshe felt thing is changing in the world. Halachah does Similarly, it is very important to know opinion). You have to give a pesak that people that way and actually reversed normative prac - not change but its application does. what scholarly research has to say about the can live with and so the entire social and his - tice quite a bit, as did the Mishnah Berurah . In terms of innovation, Halachah always words of the Gemara. A lot of times scholars torical context of the she’eilah must be taken But to do that, you have to be a humble person has room for chiddush . The Yalkut Shim’oni can help explain what the metsi’us (realia) was into consideration. steeped in learning and so convinced that the comments on the pasuk in Shiras Devorah , at the time of the Gemara. If you do not know din is with you that you cannot allow Halachah “Yivchar E-lohim chadashim ” (Hashem the metsi’us , you will be misapplying the dinim How important is historical precedent in to be followed in any other way. chooses new things), that Hashem cherishes or misunderstanding the Halachah. This rule determining normative halakhic practice? chiddushei Torah (Torah novella). xix However, applies both lehachamir and lehakel – if we When do we honor popular practice as ha - What qualifies a minhag as a minhag we do not allow shinnuyim (changes). You find out that the way we have been understand - lakhically justified? shetut (a foolish practice)? need to be a big talmid chacham to know what ing the text all along is incorrect, it can change is considered a shinnui and what is considered how we practice Halachah. a chiddush . Rav Moshe Feinstein is kullo chid - The discovery of new commentaries and “You need to be a big talmid dush (completely novel) – every teshuvah has Rishonim, however, is more complicated. The a chiddush , and there is what to argue on in Mishnah Berurah used to always take these each case. But he is still working within the into consideration and, by doing so, reversed chacham to know what is system of Halachah: he is using principles in the pesak ha-mekubbal (accepted ruling) on al - the Gemara in order to change the application most every page of Shulchan Aruch (like the of Halachah, because he thinks that is what is Vilna Gaon, he largely disregarded historic considered a shinnui and what necessary in our changing circumstances. precedent). The reason he got away with it is that he was a holy tsaddik and a humble per - What effect, if any, does scholarly re - son. But the Chazon Ish was not happy about is considered a chiddush .” search and manuscript use have on Halakhah? what the Mishnah Berurah had done – he What effect, if any, does the discovery of new thought Halachah had already been worked Most posekim usually follow a tradition The first Mishnah in Bava Basra dis - commentaries and hiddushim by Rishonim out. He felt that if you discover that there is a in pesak . If you find that a community follows cusses the required width of different types of have on the halakhic process? misprint in the Tosafos, that is one thing, but if a certain practice against what you think to be walls built between neighboring properties and Manuscript use is very important. We you find new Rishonim besides Tosafos who normative, it is nevertheless valid, as long as then concludes by saying “ ha-kol ke-minhag have to find out what the proper text is sup - say otherwise, that should not affect halachic you can establish that the practice was properly ha-medinah ” (everything follows local prac - posed to be. The Rema usually follows the practice – we have already decided to follow instituted by rabbanim in earlier generations. tice). Tosafos there quotes as opinions of Tosafos for Ashkenazim, but a lot the Rishonim with which we have been famil - If, however, you find that the community’s saying that from the fact that the Mishnah had of times there are gaps in Tosafos’ comments iar all these years. posek said something that does not make sense, to specify widths of different types of walls with words or even whole sentences missing you may not follow it, even if it has become and not just say “ ha-kol ke-minhag ha-medi - that change the meaning entirely. In Avodah Is it valid for modern societal values and the basis for traditional practice there. nah ,” we see that there are certain minhagim, Zarah , for example, it is obvious that there are movements, like freedom of speech, rational - Tosafos quotes the opinion of the Hala - minhagei shetus , that one is not supposed to four whole lines missing in one Tosafos. Only ism, egalitarianism, and nationalism, to affect chos Gedolos [Beha”g ] that if you forget to observe. xxvii Similarly, in Rabbeinu Tam’s if you look in the kisvei yad (manuscripts) and halakhic decision-making and practice? count sefirah for one day, you should no longer teshuvah , quoted by the Shiltei ha-Gibborim parallel sources, like the Or Zarua , Tosafos Of course they affect pesak . A posek can - continue to count with a berachah , but rejects on the bottom of the Mordechai in Gittin , he Rabbeinu Elchanan , and Tosefei ha-Rosh , do not give a pesak ha-tamuah al ha-rabbim (a it as completely incorrect. xxiii Nonetheless, be - says that the word “minhag” has the same let - you realize that they got lost in transmission. ruling which surprises the masses). xxi You have cause the Halachos Gedolos was from the tek - ters as “ Gehinnom ,” showing that sometimes We live in a generation when we have the orig - to give a pesak that people can live with and ufas ha-Ge’onim (Geonic period), we are minhagim are ridiculous and lead you to inal versions of all of these texts and that helps take all of these things into consideration when choshesh (concerned) for his opinion and we Gehinnom . So a minhag shetus is any practice a lot. doing so. Everything going on in the genera - continue counting on successive nights but which has no kiyyum (fulfillment) in Halachah whatsoever. “You have to give a pesak that people can live with In order for a minhag to be considered valid, it must be a minhag vasikin (a minhag established or approved generations ago by and so the entire social and historical context of the talmidei chachamim ). That is how the Magen Avraham explains the minhag to klap (make noise) when you hear Haman’s name during she’eilah must be taken into consideration.” the keri’as ha- . Even though it inter - feres with the megillah reading, he says, the The Seridei Esh has an essay in which he tion is part of the she’eilah . A she’eilah has to without a berachah .xxiv Similarly, the Halachos minhag is apparently a minhag vasikin and so encourages everyone to use the Tosefei ha- be considered from all of its perspectives and Gedolos rules that a woman may not be motsi we should follow it. xxviii On the other hand, the Rosh and Tosafos Rabbeinu Elchanan because one of the many perspectives is how the pesak (cause to fulfill) a man in keri’as ha-megillah Rambam writes that making a kinyan suddar doing so helps a person understand the com - will be accepted by the public. xxii So a posek (the reading of the megillah ). So even though (symbolic act of acquisition) when appointing ments of Tosafos. Today, that goes without say - has to be attuned to the needs and attitudes of it seems that Tosafos disagrees with that posi - a shaliach (messenger) for mechiras chamets ing, but if you lived 60 years ago, it was a big his community. tion, xxv the Shulchan Aruch says that out of def - (selling of the chamets ) makes no sense be - chiddush for him to have said that, because the A posek also has to be aware of the per - erence for the Beha”g , we do not allow a cause you do not need a kinyan at all. As a re - attitude was that these sources were irrelevant. sonal needs of the sho’el . If the posek knows woman to be motsi a man. xxvi If a person is sult, the Chazon Ish thought it was a minhag For example, Rav Moshe has a couple of that the person asking will not be able to follow stuck and no one else is around to help him ful - shetus and never made such a kinyan . In every teshuvos in which he says his own in a machamir pesak and will get frustrated and fill his chiyyuv (obligation) other than a generation, you have to reassess whether the Tosafos and notes that even though the Tosefei give up on his Jewish observance, he cannot woman, then bottom line we paskn that a minhagim are proper or improper. ha-Rosh explains differently, we do not have say that what he is asking for is absolutely woman can be motsi him. But if someone in follow it. xx What do you mean? Tosefei ha- asur . He has to show him that there are differ - our generation decides that a woman can read Is there a concept of minhag ha-makom Rosh gives you the peshat in Tosafos! It is all ent positions in Halachah on the issue and re - the megillah for men even when men are avail - (local practice) and lo titgodedu (do not create very strange. So at the time that the Seridei Esh mind him that by following the more lenient able to read, that is considered a chutspah groups with different halakhic practices) in was writing, he was revolutionary and his con - opinion he is still acting within the halachic gedolah (an extreme form of audacity) – unless today’s Diaspora and Israeli Jewish communi - temporaries did not go along with him. Today, framework. We believe that eilu va-eilu divrei it is someone, like Rav Moshe, who is very ties? though, it is a davar pashut that one should E-lohim Chayyim (these and those are the humble and is so convinced that the pesak ha- We still have a concept of minhag ha- Volume III, Issue 7 www.kolhamevaser.com 23 Kol Hamevaser makom today. There are certainly places where different community, he is subject to that com - only then focus on Gemaros like Bava Kamma Rabbi Hershel Schachter is a Rosh they have long-standing minhagim that must munity’s minhagim, unless he intends to return and Eruvin and others which typically are not Yeshivah in MYP/RIETS, occupies YU’s be honored. The question that comes up, home. as relevant for day-to-day practice. In my opin - Nathan and Vivian Fink Distinguished Profes - though, is how long does the minhag have to Usually, when a couple gets married, we ion, learning the Kitsur Shulchan Aruch is the sorial Chair in Talmud, and is the Rosh Kollel have been practiced for it to be considered min - assume that they become part of the same tsib - best way to get a grasp on Halachah le- in RIETS’ Marcos and Adina Katz Kollel. hag ha-makom ? Rav Moshe has a teshuvah in bur . But who enters whose community? It de - ma’aseh . Unfortunately, it is a little bit out of which he recommends, like Rabbi Akiva Eiger, pends. If the husband is a ba’al teshuvah style now. Years ago, it was one of the most that one first recite the berachah of kores ha- (recently became religious) and the wife has a popular sefarim in the Jewish community, es - beris (Who seals the covenant), drink the wine, long-standing tradition of observance, we pecially among balabatim , and was reprinted and then say “ kayyem es ha-yeled ha-zeh... ” would assume that the husband enters the many times over. I think there was a period of (sustain this child...), even though the common reshus (domain) of the wife. But if they are time in which it was printed more often than minhag is to wait until the end to drink. xxix His both observant and each has a strong family the Chummash ! i The Gemara’s language is: “ lo ka’ei inish a- son asked him why he was changing the min - tradition, we usually say that the wife enters It is important to ensure that the sefarim da’ateih de-rabbeih ad arbe’in shenin ” (a per - you are using for Halachah le-ma’aseh learn - son cannot understand the opinion of his ing are up-to-date. Rav Benny Lau put out a teacher until the age of forty). See also Rema “You should enjoy the learning on Kitsur Shulchan Aruch for modern times with to Shulhan Arukh , Yoreh De’ah 242:31. all the piskei Halachah that are relevant for ii Rema to ibid. 242:8. Jews today. It is an important resource. iii Devarim 17:10-11. an intellectual level, but it should iv Rema to ibid. 242:4. Is there any one area of halakhic obser - v Avot 1:6,16. vance that you think could be improved in the vi Eruvin 13b. also be done in such a way that it YU community? in the broader Modern Ortho - vii Tehillim 25:14. dox community? viii Sotah 4b, Sanhedrin 48b, and Niddah 20b. enhances your yir’as Shamayim We believe that learning Torah is sup - ix Responsa Avnei Nezer , Yoreh De’ah 312. posed to lead to yir’as Shamayim because we x Rashi to Beitsah 2b, s.v. “ De-Hetteira adif believe that the Torah is a description of God, leih .” and shemiras ha-mitsvos .” a “ mashal ha-Kadmoni ” (a parable for the An - xi E.g. Tosafot to Gittin 78b, s.v. “ Im yakhol .” cient One). xxxiii Sometimes, boys in Yeshiva xii Kohelet Rabbah 7:18, Midrash Zuta to Ko - hag, so Rav Moshe responded that every 50 the husband’s reshus . Rav Moshe thinks that enjoy learning because it is fun and an intel - helet 7:18, and Yalkut Shim’oni to Kohelet 976. years the practice switches back and forth and in such a case the wife does not even need a lectual delight. There is nothing wrong, of xiii Rosh ha-Shanah 34a. there really is no established minhag ha- hattaras nedarim (annulment of vows), be - course, with enjoying one’s learning – the xiv Rashi to Rut 1:2, s.v. “ Efratim .” makom . The truth is, though, that this answer cause she is no longer a member of the tsibbur Eglei Tal writes that it is part of the mitsvah xv Bava Batra 91a. is a bit surprising – would Rav Moshe require in which she grew up. and even enhances the mitsvah if you enjoy the xvi Mal’akhi 3:6. that a community be settled for a hundred years How far, though, does that extend? If the learning. But still, a person should realize that xvii Be-Reshit 26:18. before it could establish a minhag ha-makom ? husband davens Ashkenaz and the wife learning is not a game. The Torah is very seri - xviii Sanhedrin 43b and Rashi ad loc., s.v. The pashtus (simple understanding) is that Nusach Sefarad , or if the husband waits six ous and should not be studied purely as an in - “Shenayim bi-yemei Moshe .” minhag ha-makom , both in a shul and in a hours and the wife three hours before eating tellectual pursuit. We have to realize that the xix Yalkut Shim’oni to Shofetim 49. community, can be established in a couple dairy after eating meat, is that a problem? Or Torah is supposed to have an influence on us xx Iggerot Moshe , Even ha-Ezer 1:63,64. years. I do not know why Rav Moshe does not does the rule of taking on the same minhagim and change us. We should not make up our xxi Shulhan Arukh , Yoreh De’ah 242:10. think that 50 years is enough. only apply to things that they do together – like minds about Judaism before looking at what it xxii See Rashi to Hullin 6a, s.v. “ Ve-Kibbelu mi - Regarding lo sisgodedu , Rav Ovadiah the minhag of refraining from gebroks (foods has to say. Rather, we should have a blank naihu ,” who comments that the Tannaitic gez - Yosef thinks that, regarding any halachic issue made with matsah meal) or kitniyos (legumes) mind and let the Torah influence our views and erah rendering Kutim as having the halakhic about which it is well known that there is a dif - on Pesach, which affects the meals they eat to - hashkafos on issues. I feel that that attitude to - status of non-Jews was only passed in a gener - ference of opinion, there is no problem of lo gether? One might argue that they do not have ward learning is a bit lacking in our yeshivah ation that was able to accept it. sisgodedu .xxx However, the pashtus in the to share private practices, like which nusach and should be worked on. You should enjoy the xxiii Tosafot to Menahot 66a, s.v. “ Zekher le- Mishnah Berurah is not so. Everyone knows they use. At the same time, though, it is a little learning on an intellectual level, but it should Mikdash hu .” that half of the Jews in the world wear tefillin strange to say that with regard to eating kit - also be done in such a way that it enhances xxiv Shulhan Arukh , Orah Hayyim 489:8. on Chol ha-Mo’ed and half do not. Neverthe - niyos the wife belongs to one tsibbur and for your yir’as Shamayim and shemiras ha- xxv Tosafot to Arakhin 3a, s.v. “ La-Atuyei less, the Mishnah Berurah quotes from the Art - davening to another. I would assume that she mitsvos . nashim .” sos ha-Chayyim that you should not allow probably has to join the husband’s tsibbur With regard to the rest of the community, xxvi Shulhan Arukh , ibid. 689:2. these two groups to davn together in the same completely and accept all of his minhagim. the Gemara in Avodah Zarah (20b) quotes the xxvii Tosafot to Bava Batra 2a, s.v. “ Be-, shul ; they should davn in different rooms. xxxi The issue of minhagim is very murky and Beraisa of Rabbi Pinchas ben Ya’ir that Torah zeh noten gimel tefahim, etc. ,” use the term Otherwise, he notes, it looks like there are shtei has not been clarified well. Rav Dovidl Kar - learning leads to successive levels of height - “minhag hedyot ” (lit., a commoner’s practice), Toros (two ). I think most do not assume liner, in She’eilas David , has a long kunteres ened spirituality, even up to techiyyas ha- not “ minhag shetut ,” but the meaning is the like Rav Ovadiah, and they hold that there is (exposition) on minhagim. I was once very mesim (the ability to resuscitate the dead). same. an issue of lo sisgodedu even nowadays. eager to read it because it is such a major issue Everything starts with limmud ha-Torah . I xxviii Magen Avraham to Shulhan Arukh , Orah today, but afterward I came out unsatisfied; he think we should encourage the broader Modern Hayyim 690:22. How important is it for an individual to did not really make anything clearer for me Orthodox community to try to set aside more xxix Iggerot Moshe , Yoreh De’ah 1:161. take on the minhagim of his/her spouse? Is it than it was before. Rav Moshe also does not time for learning. A person should make sure xxx Responsa Yehavveh Da’at 4:36. acceptable for a man to take on his wife’s min - tackle the whole issue systematically. he goes through the Kitsur Shulchan Aruch to xxxi Mishnah Berurah to Shulhan Arukh , ibid. hagim? learn Halachah le-ma’aseh and when he grad - 31:8. The Shulchan Aruch writes in Yoreh As students or community members who uates that, he can go on to learn Chayyei Adam . xxxii Shemot 18:20. De’ah 214, quoting the Ran to Nedarim 80b, do not have the time or ability to fully devote I would also suggest that people be ma’avir xxxiii I Shemuel 24:13. that a minhag is binding mi-ta’am mi- to learning every area of Halakhah in-depth, sidrah (go over the ) de-Rabbanan (because it is Rabbinically con - should we focus on learning Halakhah from its every week with Chummash and Rashi and sidered a vow). In other words, aside from biblical and Talmudic sources and study how make sure to have a kevi’us (set time) of learn - being bound by any nidrei ha-yachid (individ - it developed into modern practice or focus on ing every day. The Modern Orthodox commu - ual vows) a person makes, he is subject to the practical Halakhah le-ma’aseh ? nity is not interested in learning as much as it nedarim of the tsibbur (community) as well. A person should first learn Halachah le- should be, I feel, and has to work to improve But this latter category depends on which tsib - ma’aseh to know how to keep the mitsvos that. bur he belongs to. Once a person moves to a properly – ha-ma’aseh asher ya’asun xxxii – and

24 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag Creativity, Not Formalism: Towards a Survey of Rav Yoel Bin-Nun’s Halakhic Methodology BY: Shlomo Zuckier principle of R. Yoel’s halakhic methodology is first place: food that can be confused with dard dowry), that a standard contemporary ke - the idea of returning to the original sources and hamets and food that cannot be confused with tubbah should be about 50,000 shekel today. av Yoel Bin-Nun is known as one of principles and ensuring that they are being fol - hamets – and applying it to today’s reality. In other words, he ignores the formalistic the most creative minds of the past lowed in current-day reality, vi as opposed to Thus, the original intention behind the law is method of calculating and instead relies on the Rgeneration in the Orthodox world. His certain other approaches that favor traditional preferred to its practical application. ix principle of supplying the kallah with a liveli - most acknowledged accomplishments are in interpretation and development. As explained This reliance on the original reason for the hood in the event of divorce or her husband’s the world of Tanakh, where he has been one of above, this can make his opinion fall out on the law and not the technical details that developed . Interestingly, in a response to this piece, the leading revivers of Orthodox literary meikel or the mahamir side of things, and over time, especially when they do not fit the R. Gideon Binyamin argues: Tanakh scholarship in Israel over the last 30 original purpose, is part of a broader idea in R. “It is important to remember in general years, presiding over the Tanakh revolution. i Yoel’s halakhic philosophy that values making that even though this or that takkanah of He has lectured extensively in Talmud, serving Halakhah applicable and realistic to our gen - Hazal has a specific reason, once Hazal as a Rosh Yeshivah at Yeshivat ha-Kibbuts ha- eration. One particularly striking application instituted and defined ( higdiru ) it, we do Dati for several years, until his retirement in of this philosophy is how he views the law of not any longer consider the reason of the 2006. He has spent significant time and energy sof zeman keri’at Shema (the latest time to re - institution, but we relate to it as it was de - in the realm of Mahashavah (philosophy) as cite the Shema ). The Mishnah says that those fined by Hazal.” xii well, recently finishing his dissertation on R. who are obligated in reading Shema daily can This comment fairly represents the con - Abraham Isaac ha- Kook. ii do so until the third hour of the day because sensus view of most posekim , but it is on this This article, however, will ignore all of that is when princes, the latest risers, awake. x very principle that R. Yoel argues. He does not those accomplishments and focus on the ha - R. Yoel claims (it is unclear if he is claiming see the halakhic system as based on Hazal- lakhic output of this ish eshkolot (Renaissance what the halakhah should be or what it is and mandated details, but rather on the principles man). Over the last couple of years, R. Yoel whether he advises this in practice) that in our that motivated them, and thus he feels comfort - has published a collection of halakhic works day, when it is standard for people to awake able not following the standard practice and (Me-Hevyon Oz iii ). A different book he recently even later, the time period for saying Shema going instead in directions of his own. published also contains some halakhic mate - should be later. He sees the law as not man - In keeping with his view that the halakhic rial, iv and he has also lectured on his halakhic dating specifically the third hour, but as repre - system has to be relevant to any time, R. Yoel opinions, some of which are well known. senting the realistic time when people tend to not only has different halakhic positions on While this article will present a preliminary awake. classic halakhic issues (such as the ones dis - thesis of his halakhic methodology and princi - Another significant example of this ap - cussed above), but at times he also creates ples, it will not serve as a true critique of the proach appears in R. Yoel’s suggested valua - novel halakhic categories. validity of his positions, though it will note sometimes on both sides within the same issue. tion of a ketubbah agreement. In an article he One example of R. Yoel’s preference for cases where he diverges from standard posi - A particularly good representative case of this wrote on this topic, xi he presents several differ - reality-based and non-formalistic understand - tions. ideology is R. Yoel’s opinion concerning the ent monetary sums at which the ketubbah is ings of halakhot manifests itself in his article, I will note at the outset that this article’s prohibition (for some) against eating generally valued.. They are based on the value “The Obligation of Aliyyah to Erets Yisrael and purpose is to attempt to outline R. Yoel’s ap - (legumes) on Pesah. The original prohibition of silver in our time and compared to the the Prohibition against Leaving Erets Yisrael proach to pesak Halakhah based on principles was on legumes, such as beans, and on rice, Gemara’s value of ketubbah (200 zuz plus tose - in Our Time.” xiii While many who approach that are reflected in his halakhic positions. Due with the idea that they resembled hamets and fet ketubbah [additional and technically op - this case argue for a formal rule – that one must to limitations of space and the author’s limited might present problems if hamets and kitniyot tional though universally given ketubbah live within certain borders formally recognized assertiveness, it will not attempt to locate were confused. R. Yoel’s approach to this law, money]), and are mostly in the range of 2,500 as Erets Yisrael from some period of previous where this position falls among the gamut of which he maintains for the general public as shekel. He rejects these positions (favoring the conquest or historical return, or that one is pro - approaches to Halakhah (though follow-up ar - well, vii diverges in two major practical senses last, though) on the basis of several conceptual hibited from leaving Israel under any circum - ticles on the matter are welcome). from the standard pesak Halakhah . R. Yoel’s errors he claims were made in calculating these stance, R. Yoel takes a decidedly real-world R. Yoel is a creative and maverick thinker, first contravention of mainstream current prac - in all areas of his Jewish oeuvre, including his tice is his claim that processed legumes (e.g. “R. Yoel’s positions are neither consistently halakhic pesakim . One notices this approach corn oil) are permissible. He argues this based immediately upon meeting R. Yoel, as he usu - on the fact that the original reason for the law meikel nor mahamir , but are certainly often ally is found wearing his tsitsit on his suit does not apply since such processed foods can - jacket, an extremely rare halakhic practice. v not possibly be mistaken for hamets , and also distinct from the norm. If he feels that a certain The sources that he utilizes as the bases for his that the formal Rabbinic institution against pesak are the traditional halakhic works of the such foods was only said about them in their position is right, he will argue powerfully for it, Shulhan Arukh and its commentaries, as they solid forms, not their processed versions. viii follow the track laid out for them by the This is obviously a significant kulla (leniency), regardless of how it squares with mainstream Gemara and Rishonim. However, there is a and it makes R. Yoel’s following point more certain distinctive nature in the methodology surprising. His other argument is that, since contemporary practice.” of how he reaches his decisions, which this ar - the original reason of the takkanah (decree) is ticle will attempt to spell out. to prevent people from confusing hamets with values. His primary argument is that these stance. Based on Rambam’s formulation, xiv he An important preliminary note to make is non- hamets , one should refrain from consum - sums are not sufficient to accomplish the pur - considers the Land of Israel (at least for these that R. Yoel’s positions are neither consistently ing cakes and the like which closely resemble pose of ketubbah, which is to provide financial purposes) to be land under “Jewish sovereignty meikel (lenient) nor mahamir (stringent), but hamets , even if they do not contain rice or stability for the kallah (bride) in the event of within the borders of historical Erets Yisrael.” xv are certainly often distinct from the norm. If legumes. (These foods have a major market, divorce or her husband’s death, and he there - This formulation is reflective of the current re - he feels that a certain position is right, he will both in Israel and in huts la-arets .) In other fore proposes a vastly different model. R. Yoel ality because, at least in our time, it only in - argue powerfully for it, regardless of how it words, R. Yoel ignores the formal categories connects the 200 zuz necessary for a ketubbah cludes the state of Israel and is not based upon squares with mainstream contemporary prac - usually made of kitniyot and non- kitniyot to the Mishnah in Pe’ah (8:8) that defines 200 conquests from thousands of years ago. xvi R. tice. foods, focusing instead on the practical cate - zuz as the average yearly income, and he cal - Yoel takes this realistic approach a step further Probably the most important and basic gories used when the law was instituted in the culates, including tosefet and nedunya (stan - and says that exceptions can be made in multi - Volume III, Issue 7 www.kolhamevaser.com 25 Kol Hamevaser ple circumstances, given that the law of leaving perience of relaxation that is in the spirit of cantly his focus on the original reasons for the malizm Hilkhati,” in Me-Hevyon Oz , pp. 6-18. Erets Yisrael is not a formalistic one. For R. Shabbat, despite the fact that it might techni - laws and their applications in our society, and vii See his article “Disallow Foods Similar to Yoel, the most important thing is that one hold cally oppose Halakhah. For similar reasons, not on some formalistic system of Halakhah. Hamets , Allow Kitniyot Derivatives,” YNet, an Israeli passport and leaves Israel as a he supports (after using the hetter mekhirah [a This principle can be applied in different areas 4/14/09 (Hebrew). Available at: http://www. tourist, xvii demonstrating identification with the halakhic loophole involving selling the land of of Halakhah, and the manifestations of this ynet.co.il/articles/0,7340,L-3701377,00.html . Jewish state, and, if that is the case, then he Israel so that shemittah laws do not apply] to principle can be intriguing, to say the least. At viii How to reconcile this point, which appears may travel wherever he wishes for whatever circumvent technical halakhic problems during times, he creates new halakhic categories (car - formalistic and in opposition to R. Yoel’s ap - (temporary) period of time. Aside from the the shemittah year) a reworked shemittah rying a passport) as a result of this approach. proach, though it does serve his goal, is a com - shocking application of passports as a halakhic where, instead of having one year in which all [He also has an affinity for self-determination plicated but no doubt important endeavor. It is category, this opinion is significant because it farmers do not work their fields, each farmer, of halakhic rules, when applicable, and also re - possible that he is shrouding his approach in fits with the reality of the time. The law as well as every worker, takes his own year of turns to Tanakh texts in the deciding of Ha - more mainstream terms in order to garner sup - against leaving Israel is not technical, but it is sabbatical from work for the purposes of some lakhah.] Though this anti-formalistic port, or that he does agree in some degree of rather one of identity, that one should identify spiritual endeavor every seven years. This not understanding of Halakhah does not have too halakhic formalism. oneself with the Jewish state xviii and not ignore only allows the Israeli economy to function many adherents and it is, to some degree, a de - ix This example is admittedly easier to work the charge of being a citizen of the Jewish peo - without shutting down every seven years (and parture from standard pesak , R. Yoel’s presen - with, because we are talking about a rabbinic ple and its nation, Israel. In this regard, R. Yoel gets around technical problems with hetter tation of the halakhic system definitely raises decree, but it is still indicative of a certain atti - connects this fact with the point that some mekhirah ), but it also provides each farmer the profile of original reasons within the ha - tude followed by R. Yoel but not by other lakhic process, raising questions for us about posekim . how Halakhah truly works. x Berakhot 9b. “While calling for a pragmatic Halakhah xi R. Yoel Bin-Nun, “Hishuv Sekhum ha-Ke - tubbah be-Yameinu,” originally printed in Tso - that people will be able to observe, R. Yoel har: Ketav Et Torani 4, reprinted in Shlomo Zuckier is a senior at YC major - Me-Hevyon Oz , pp. 73-75. ing in Philosophy and Jewish Studies and is an xii Translation mine. This article appeared in simultaneously strives, as much as possible, Associate Editor for Kol Hamevaser. Tsohar: Ketav Et Torani 5 and in Me-Hevyon Oz , pp. 76-7. to preserve the values and spirit of the orig - xiii Me-Hevyon Oz , pp. 37-50, originally pub - lished in Or Hamizrah 49:1-2. inal law, despite the constraints against ful - i This revolution saw the literary-theological xiv Rambam, Mishneh Torah , Hilkhot Terumot study of Bible become mainstream and signif - 1:2. filling it in its classical sense.” icant at many yeshivot , including and xv “The Obligation of Aliyyah to Erets Yisrael,” especially Yeshivat Har Etzion, which started p. 38. a school for educators, Machon Herzog, with xvi Aside from reflecting his pragmatic lean - characters in Tanakh are punished and/or rep - with an experience similar to that of shemittah . a certain emphasis on Bible. R. Yoel was the ings, this position also connects strongly to his rimanded while others are unscathed in their Thus, R. Yoel both follows the standard Israeli original editor of Megadim , a Tanakh journal understanding that the state of Israel has reli - different departures from Erets Yisrael, based approach of using ha’aramot (circumvention associated with the school, wrote many articles gious value, which is not a view accepted on whether they viewed themselves as citizens through legal fictions) to make Halakhah rele - for that journal, published the books Pirkei ha- throughout the halakhic community. of Israel or not. xix This reflects R. Yoel’s affin - vant to contemporary Israeli society, while at Avot and Erets ha-Moriyyah (partially from his xvii “The Obligation of Aliyyah to Erets Yis - ity for using Tanakh in the context of Ha - the same time preserving the spirit of the law father’s writings), and has lectured widely on rael,” pp. 44-5. lakhah, which is a significant factor in his as much as possible under mitigating circum - Tanakh. xviii This is in the event that a Jewish state ex - pesak , but it is one that must be further ex - stances. ii This is an entirely separate and large discus - ists. R. Yoel addresses differences in the law plored. Another principle inherent in R. Yoel’s sion in its own right, but R. Yoel (and possibly when there is no Jewish state. In concert with the above discussion, a approach is that of halakhic self-determination. his talmid-haver R. Yaaqov Medan, as well) xix “The Obligation of Aliyyah to Erets Yisrael,” clear principle that is reflected in R. Yoel’s One area where this applies is to minority sub - exhibits several tendencies that make him sim - p. 37. work, as in the works of many Israeli posekim , groups within Kelal Yisrael . R. Yoel, though ilar to a (minus the claims to individual xx In a stated but non-implemented position is the goal of making Halakhah practical for he does have specific opinions about women’s audiences with God). His Torah study focuses championed by feminists, R. Yoel claims that contemporary society. For instance, posekim issues (which are controversial), xx has stated more on Tanakh and the nevi’im than most rab - single women no longer living in their father’s such as R. Shlomo Goren and R. Shaul Yisraeli that he feels that women’s halakhic issues bis, he feels it is his position to preach to the house have the status of benot horin and can attempted to establish a pragmatic halakhic should be decided by women. I believe this at - masses on sociological and/or political issues, accept mitsvot upon themselves as binding. If system for a newly-independent Jewish society titude is related to a story he likes to tell about and, most importantly, he speaks with a sense ten women have done this, then they can recite in Israel where no such society with its own ha - the first time he got tsitsit custom-made for his of purpose and certainty that reflects someone devarim she-bi-kedushah . Notably, R. Yoel lakhic system had existed for hundreds of suit, which is colored. He relates that he was who feels he has a religious, nay divine, call - does not allow a minyan (quorum) of men with years. However, R. Yoel, while party to this asked whether he would like to have the non- ing. women, for reasons of tseni’ut (modesty). approach, has by no means limited himself in strings be white, like the opinion of ii R. Yoel Bin-Nun, Me-Hevyon Oz: Pirkei Ha - xxi Rema to Shulhan Arukh , Hilkhot Tsitsit 9:5. adopting this accomodationist approach. Rema, xxi or the color of his suit, as Rambam lakhah u-Musar (Ein Tsurim: Yeshivat ha-Kib - xxii Rambam, Mishneh Torah , Hilkhot Tsitsit While calling for a pragmatic Halakhah that rules. xxii (There is no accepted minhag on the buts ha-Dati, 2006). 2:8. people will be able to observe, R. Yoel simul - issue because wearing tsitsit on clothes is a rare i Idem, Nes Kibbuts Galuyot: Mi-Yetsi’at Mit - taneously strives, as much as possible, to pre - practice.) Upon telling this story (he chose srayim ad Medinat Yisrael: Halakhot u-Ma’a - serve the values and spirit of the original law, white), he marveled at the fact that this was a marim le-Pesah, Mikra’ah ṿe-Shir le-Yom despite the constraints against fulfilling it in its situation where he could choose what he ha-Atsma’ut (Shonim Press, 2008), which in - classical sense. His dual goal concerning Ha - wanted and the halakhah was not dictated for terestingly combines articles about Pesah and lakhah in general is apparent in some of his him by earlier decisors and traditions, as is usu - Yom ha-Atsma’ut, and includes some halakhic opinions on the nexus between public policy ally the case. Thus, R. Yoel, both for women articles regarding Pesah. and Halakhah. For example, he advances leav - and for halakhic situations with no clear man - v He believes that wearing tsitsit on an item of ing movie theatres open on Shabbat in Israel, date, reveals a certain preference for situations clothing one would not wear otherwise may not only because alternate approaches would where one has the leeway to choose his or her very well not count for fulfilling the mitsvah. never pass in the Knesset and Israeli society as own halakhic observance (within the tradi - vi R. Yoel discusses this theme in his article in a whole, but also because he feels that the spirit tional halakhic system), or halakhic self-deter - Me-Hevyon Oz that raises the profile of the re - of Shabbat is not impinged by having hillonim mination. alistic approach at the expense of the nominal - (secular Israelis) watch movies, and, in fact, This preliminary piece has explored some istic one, especially in cases of bein adam such a phenomenon could even promote an ex - of R. Yoel’s views on Halakhah, most signifi - la-haveiro . See “Bakkashat ha-Emet Mul For - 26 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag General Jewish Thought

An Interview with Chief Rabbi Lord Jonathan Sacks

BY: Shlomo Zuckier lawyers fighting injustice. I wrote a book defeats ever. That is why I ask not only pro- community relations, what we call in halachic called To Heal a Fractured World because a Israelis to support Israel, but pro- terms “ darchei shalom ” (ways of peace). In s Chief Rabbi of the United Hebrew Jewish lawyer once asked me, “I know per - and those who are pro-Arab to support Israel that vein, I played a part in encouraging Jews Congregations of the Commonwealth, fectly well how to serve God at home or in the as well, because Israel really has shown how a and in Britain to fight anti-Semitism Ahow is your role different from that of beit midrash, but how do I serve God for the small country can achieve greatness in an area and Islamophobia together. Both problems af - an ordinary rabbi? 12 or 16 hours a day when I’m being a where a full-fledged democracy and open so - fect both of us, so we should fight them to - It means that I have to look after the wel - ciety had never been achieved before. I have gether, and that is what I call “side-by-side.” fare of all the congregations under my aegis in defined Judaism (in my latest book, Future It does not involve sharing our ; it Britain, and it means that I have to be there for Tense ) as “the voice of hope in the conversa - simply involves recognizing that we both have other rabbis. And, of course, to some extent tion of humankind,” and Israel is the home of people out there who do not like us very much. throughout the Commonwealth in general that hope. It has significance far beyond the And that distinction between open religious di - there are she’eilos that come to our beis din. Jewish people as a testimony of the power of alogue and communal cooperation is made by As such, I try to look after the pastoral con - faith in life after , and we must Rav Soloveitchik both in his essay “Confronta - cerns of our rabbis as they would look after do all we can to defend it against its enemies, tion” and in The Lonely Man of Faith . those of their congregations. So it is a more who are, in truth, enemies of freedom itself. global, policy-shaping role, and it takes me a You recently received the inaugural Nor - little way away from direct encounter with in - How should fully observant Jews relate to man Lamm Prize recognizing your scholarship dividual congregants, which is the kind of their nominally Orthodox but at times hetero - and commitment to Rabbi Dr. Lamm’s ideals. work that ordinary rabbis do and is at least as dox (and/or heteroprax) brethren? Could you tell us what you think R. Lamm’s important. With total friendship. Stand firm by your greatest achievements were in his over 50 principles and do not compromise one syllable years of leadership in the American Jewish Could you tell us more about how you be - of Halachah, but go and make friends with all community? came the person you are today? Who are some the people who do not believe as you believe. First, he saved Yeshiva from closure, from of your role models? Friendship can achieve much that intellectual one of its most severe financial crises. Second, I had the enormous privilege, as a 20- argument cannot. he built up an immense educational institution, year-old student in 1968, of having two life- and those elements of it that I have seen in my changing meetings, one with the Lubavitcher Do you think that we should be involved week’s stay here have been truly impressive. Rebbe, of blessed memory, and one with Rabbi as individuals or as communities in interfaith There is no other institution like Yeshiva Uni - Joseph B. Soloveitchik, of blessed memory. dialogue? versity in the Jewish world. It is an astonishing The Lubavitcher Rebbe challenged me to be a I have written about this in a book of mine achievement, and it owes an enormous amount leader, and Rav Soloveitchik challenged me to called The Home We Build Together , and there to Rabbi Lamm. And third, he has shown be a thinker. Those two moments, long, long lawyer?” So I wrote that book for him, and I I contrast, using a famous idea of R. tremendous courage and tenacity in carrying ago, shaped my life. hope it answered at least some parts, if not all, Soloveitchik’s, zts”l , the ideas of being “face- Torah u-Madda forward without any deviation of his question. But I do believe that we need to-face” and “side-by-side.” I call dialogue an whatsoever. At times when it was quite diffi - What do you think are the largest issues to bring our Jewishness into everything we do, interaction that is “face-to-face” but character - cult to do so, he had the koach (power) to build facing Diaspora Jewry today? Do you envision whatever we do. I once met a Jewish bus con - ize it as being not at the very heart of the prob - and the gevurah (strength) to stay true to his any possible solutions? ductor who took it upon himself to cheer up all lem. It is, by its nature, an elite undertaking, principles. I think it is fairly clear that assimilation his passengers. This was a beautiful ruchani conducted by people at the mountaintop of and anti-Semitism are the key issues. We have (spiritual) act, and it was clear that he had done their respective faiths. It does not always filter What would you say should be the intel - now reached the point at which people under - it throughout his life – and this man was al - down to the grassroots, where the problems lie. lectual goals of a committed Orthodox college stand that education in Jewish day schools is ready in his 80s! He was larger than life. He Of course, I do not criticize dialogue – it has, student? the only effective way of combating assimila - had found a way to serve Hashem as a bus con - tion, and those sections of the community that ductor. And every role any of us has can be have adopted that belief have, by and large, cut turned into a mode of serving Hashem. “We need to bring our intermarriage by a large margin. Anti-Semitism remains a big problem in While living in the Diaspora, how can we Europe, though, and we must have allies in best support our brethren in Israel? Jewishness into everything combating it. Jews cannot fight anti-Semitism Through constant hasbarah (public diplo - alone; the victim cannot cure the crime, the macy). Many people do not understand the ex - hated cannot cure the hate. So we have worked istential threat that Israelis live with every on this problem in Britain, and succeeded at single day that began with the moment of Is - we do, whatever we do.” being the first country where the fight against rael’s birth and that has continued to intensify anti-Semitism is led by non-Jews. ever since. We have to explain that Israel is the for example, transformed the relationship be - Well, one should learn at least as much last great bastion of hope in the tween Jews and the Catholic Church. But it is about Yahadus as about one’s specialization, As Jews living in a secular world, how for democracy, with both an independent judi - not, in and of itself, sufficient. Liberal voices and there should be integration between the should we balance or harmonize our religious ciary and a free press – in essence, a liberal – the voices that tend to be the most prominent two. I call them, metaphorically, the right and and secular values? democracy. If we lose Israel and that last best in dialogue – do not always succeed, especially left hemispheres of the brain. So, to put it more I prefer integration to compartmentaliza - hope, God forbid, the Middle East will be im - in an age like ours where the extremists tend generally, science is a left-brain activity, reli - tion. I see a huge number of Jewish doctors poverished, the world will be impoverished; to prevail in conflict zones. gion a right-brained one. Science takes things fighting disease, economists fighting poverty, freedom will have suffered one of its greatest So I prefer the “side-by-side” approach of apart to see how they work. Religion puts

Volume III, Issue 7 www.kolhamevaser.com 27 Kol Hamevaser things together to see what they mean. That is i Rabbi Dr. Lord Jonathan Sacks, To Heal a a fundamental distinction which I hope to write Fractured World: The Ethics of Responsibility A Yid iz Geglichn tzu more about in the near future. (New York: , 2005). In general, we must be Jewishly literate. ii Idem, Future Tense (New York: Schocken We have to understand the multi-faceted nature Books, 2009). a Seyfer Toyre of the canonical texts of our tradition. We have iii Idem, The Home We Build Together: Recre - to be able to think as Jews – halachically, ag - ating Society (New York; London: Continuum, BY: Rabbi Joseph B. Soloveitchik your shoes from your feet because the place iv gadically, and with a sense of , 2007). Chapter 12 is entitled “Face-to-Face, upon which you stand is holy ground,’” the philosophy, poetry and mysticism. The rich - Side-by-Side.” Translator’s Note: The following is a Midrash quotes a striking conversation which translation from the of the sixth section took place at that point between the Master of of R. Soloveitchik’s yortzayt shi’ur entitled “ A the Universe and Moshe: “The richness of our heritage is beyond Yid iz Geglichn tzu a Seyfer Toyre ” – “A Jew “He [Moshe] said, ‘Here I am, ready for is Compared to a .” (Previous sec - priesthood and for kingship.’ Moshe measure. It played a deeply significant tions appeared in prior issues of this paper.) wanted priests and kings to descend from Dr. Hillel Zeidman transcribed and published him. But the Holy One Who is Blessed the shi’ur, with an introduction, in R. Elchanan told him, ‘Do not approach here [ halom ],’ part in the unfolding of Western Asher Adler (ed.), Beit Yosef Shaul , vol. 4 in other words, ‘You will not have any (New York: Rabbi Isaac Elchanan Theological children who will offer sacrifices as civilization, and it still speaks to the Seminary, 1994), pp. 17-67. A Hebrew trans - priests, since the priesthood is already st lation by R. Shalom Carmy appeared in the prepared for your brother, Aharon.’ dilemmas of the 21 century with same volume (pp. 68-103). ‘Halom ’ [also] means ‘kingship.’ The The present translation – the first rendi - Holy One Who is Blessed told him, ‘The tion of this shi’ur into English – was prepared kingship is already set aside for David.’ undiminished power.” by Shaul Seidler-Feller, utilizing Dr. Zeidman’s Nevertheless, Moshe merited both of ness of our heritage is beyond measure. It iv Rabbi Joseph B. Soloveitchik, “Confronta - original Yiddish transcription and R. Carmy’s them: priesthood, since he served [in the played a deeply significant part in the unfold - tion,” Tradition: A Journal of Orthodox helpful Hebrew equivalent. Thanks go to R. Mishkan] during the Seven Days of Initi - ing of Western civilization, and it still speaks Thought 6,2 (1964): 5-29. Available at: Elchanan Adler and R. Jacob J. Schacter for ation, [and] kingship, as it says, ‘He v,vi to the dilemmas of the 21 st century with undi - http://www.traditiononline.org/news/origi - their assistance in refining and editing this [Moshe] was a king over Yeshurun.’” minished power. nals/Volume%206/No.%202/Confrontation.pd work. Let us properly understand the Midrash. Ideally, every Jew, in whatever sphere of f. Moshe requested of the Master of the Uni - life he or she chooses to have an influence, v The Lonely Man of Faith , by Rabbi Joseph B. Section VI verse two things: first, priesthood and kingship should be an ambassador for Judaism and the Soloveitchik, first appeared in Tradition: A enerally, the Master of the Universe for himself; second, priesthood and kingship Jewish people, and that means having internal - Journal of Orthodox Thought 7,2 (1965): 5-67, requires of us, small people, only for his descendants. God fulfilled the first re - ized the four-thousand-year conversation be - and later as a book, in both 1992 and 2006 Gmodesty – a little control and self-dis - quest and bestowed upon him both the Crown tween Heaven and Earth that is, in the deepest (Doubleday). Available at: http://www.tradi - cipline in eating and drinking, in sexual life, of Priesthood and the Crown of Kingship, as sense, our Torah she-bi-Kesav and Torah she- tiononline.org/news/article.cfm?id=105067 . and so on. From the leaders of the nation, how - the Midrash says: “Nevertheless, Moshe mer - be-Al Peh , our written and oral heritages. ever, the Master of the Universe strongly de - ited both of them.” [However,] God turned

Do you have any other advice for the stu - dents of Yeshiva University? “‘You yourself, Moshe, can have anything you Learn as much as you can while you are here, and when you leave, never stop learning. want, [but] you will not be able to pass those gifts The most important thing is to learn how to on to your children. Do not approach here! You learn and to discover the passion for doing so. That will bring blessing to your life and bless - will not establish any dynasties – neither a dy - ing to the lives of others. So enjoy this unique and totally wonderful institution. I feel very en - nasty of priesthood, nor a dynasty of kingship.’” vious of American Jewry for having it in a way that in Britain, because of the relatively small size of the Jewish community, we never could. manded [that] the processing ( ibbud ) of the down the second request, that the priesthood hide on the flesh side [be] of the highest level. i and kingship pass by way of inheritance to his We all know of Avraham’s “And he descendants: “You yourself, Moshe, can have bound,” ii but we are completely unaware of the anything you want, [but] you will not be able Rabbi Dr. Lord Jonathan Sacks is the fact that Moshe also went through a binding. to pass those gifts on to your children. Do not Chief Rabbi of the United Hebrew Congrega - Moshe’s binding was, perhaps, more terrifying approach here! You will not establish any dy - tions of the Commonwealth, a position he has and heroic than Avraham’s. When Avraham nasties – neither a dynasty of priesthood, nor a held since 1991. He was the recent recipient brought Yitshak as a sacrifice, the angel ulti - dynasty of kingship.” of the Norman Lamm Prize, warranted by his mately called out, “Do not send your hand iii “lifetime of dedication to the cause of Torah u- against the lad and do nothing to him,” and Moshe’s Binding Madda in all of its facets,” and lectured in a the two of them turned back from Har ha- Let us, nonetheless, ask a simple question: number of settings throughout his recent stay Moriyyah with great joy. Such a kindness did Was Moshe only incapable of transferring to at Yeshiva University. not happen to Moshe, [though]. The Master of his children the priesthood and kingship, or the Universe demanded and then took his sac - could he not bestow upon them anything which rifice. Why? [He did so] because with regard he possessed? Did Moshe as a father leave be - Shlomo Zuckier is a senior at YC major - to the Master of All [Moshe], the hind children upon whom he had lain his hands ing in Philosophy and Jewish Studies and is an Master of the Universe required ibbud of the and said with pride, “These will continue my Associate Editor for Kol Hamevaser . hide on the flesh side on such a scale as He had work; these will carry on the Masorah, forge not required of any other person. the Chain of Tradition; these will take my place On the verse[s], “God called out to him and become leaders of the community,” like from the bush and said, ‘Moshe, Moshe,’ and Ya’akov said: “And Ya’akov commanded his he responded, ‘Here I am.’ He said, ‘Remove children” vii ? No! Not only was the right of

28 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag passing on the priesthood and kingship to his of all of Israel; all Jews must have an equal Basar of the Generation of the Flood, who in its own hair and ceases to feel the hair of the sons denied him, but even the simple privilege share in him. No one person may relate to him were guided by the slogan “Whomsoever they next person; when kindness disappears from of a normal father to leave an ethical will ( tsav - more than the next. Moshe’s Torah scroll must chose.” xiii In the Generation of the Dispersion, the world; and when the individual thinks only va’ah ), to die on a bed surrounded by his chil - be transmitted as an inheritance to everyone people controlled themselves with an iron dis - of himself or of an which he serves. dren, was taken away from him. uniformly [so that] no one person may say that cipline, an inflexible order. The Generation of The Benei Basar sin mostly against God ( bein Moshe died lonely and alone on Har ha- he is Moshe’s heir. Not only is the Torah the Flood had no ideology; all it sought was to adam la-Makom ), [while] the Rish’ei Arets Avarim, and before his death he did not lay his treated like a wilderness, ownerless for every - enjoy life in the spirit of “Eat and drink, for to - commit interpersonal sins ( bein adam la- hands upon Gershom’s or Eliezer’s head but one [to claim for himself], as Hazal interpreted morrow we die.” xiv The Generation of the Dis - havero ). instead on Yehoshua bin Nun’s. His splendor [based] on the verse “And from a wilderness, persion, [however,] did have an idolatrous ideology, an atheistic, brazen deity: “They said, “Moshe’s Torah scroll must be transmitted as an inheritance to ‘Come, let us build a city and a tower with its Rabbi Joseph B. Soloveitchik (1903- everyone uniformly [so that] no one person may say that he is head in the heavens, and let us make a name 1993), z”l , was Rosh HaYeshiva at YU/RIETS, for ourselves, lest we be scattered over the face was active in the Boston Jewish community, Moshe’s heir. Not only is the Torah treated like a wilderness, of the earth.” xv We must alter the world order; and is widely recognized as one of the leading ownerless for everyone [to claim for himself], as Hazal inter - we must institute a new social system. We must Jewish thinkers of the 20 th century. control the cosmos and annihilate the Kingdom preted [based] on the verse ‘And from a wilderness, a gift,’ but of Heaven. In order to bring this very ideology to Shaul Seidler-Feller is a senior at YC ma - so is the one who accepted the Torah treated like a wilderness, fruition, they lorded over and enslaved every - joring in Jewish Studies and is an Editor-in- as everyone’s possession.” one, commanding each person what to do and Chief for Kol Hamevaser. how to live, destroying families, shattering in - was made to emanate [ ne’etsal ] onto a for - a gift,” xi but so is the one who accepted the dividual freedom, and rendering everyone eigner, Yehoshua, and not onto his offspring. Torah treated like a wilderness, as everyone’s worthless. “The entire earth was of one lan - Moshe’s fate was [actually] even more possession. xii guage and of one speech.” xvi They assessed the tragic, [though]. The sons of Moshe are not “Do not approach here” – Moshe, the worth of a man not by the measure of his spir - even recorded in the Jewish Book of Geneal - pleasure of children is not for you. “Remove itual esteem, but rather by the number of bricks i See the previous installment of this derashah ogy [ Sefer ha-Yohasin ]. Moshe counted the your shoes from your feet” – dispense with he could carry up to the heights of the Tower. in Kol Hamevaser 3,6 (March 2010): 21-22 for Jews twice and also calculated [the number of your private interests, your personal human ne - “The entire earth was of one language and of R. Soloveitchik’s development of the process - members in] his tribe, the Children of Levi, cessities. “Because the place upon which you one speech.” ing of in preparation for tefillin and [yet] no one dwells upon the silent tragedy stand is holy ground” – for your place in Jew - The Rish’ei Arets , the people of the Gen - mezuzot as a metaphor for the refinement of the which envelops the verses that tell of the cal - ish history is full of pure sanctity. Perforce, you eration of the Dispersion, the Mao Tse-tungs, human being through Torah education and culation of the Children of Levi. The Torah be - should not constrict yourself to the private do - or the Khrushchevs – in contrast to the people training. There, he draws the distinction be - gins: “These are the descendants of Aharon and main of family life. of the Generation of the Flood – displayed, and tween processing the “flesh side” of a hide, i.e. Moshe on the day Hashem spoke to Moshe on The highest aspiration of the Men of Flesh still exhibit today [in 1959], a superhuman the side facing inward, and processing the “hair Har Sinai.” viii At first glance, the Torah should, (Benei Basar ) – the loveliest [form of] pleasure power of self-discipline in the ability to control side,” i.e. the side facing outward. obviously, [continue on to] mention both seeking, [namely] being happy through one’s the flesh. They can sacrifice everything if such ii Be-Reshit 22:9. Moshe’s descendants, his children, and children – Moshe sacrificed. “Do not approach is desired by their idolatry. iii Ibid. 22:12. Aharon’s descendants, his children. However, here...” Their sin is not on the flesh side, but iv Shemot 3:4-5. the verses go on to forget Moshe completely v Devarim 33:5. and concentrate on Aharon: “And these are the “Moshe did not merit the normal pleasure to which vi Shemot Rabbah 2:6. names of the children of Aharon: the firstborn vii This is a paraphrase of Be-Reshit 49:29,33. Nadav, and Avihu, Elazar, and ” ix ! every human being has a right: to see himself reborn in viii Be-Midbar 3:1. Where are the children of Moshe? The Torah ix Ibid., 3:2. is silent. Where are the descendants of Moshe? his child[ren], to live again through [them]. [He did x Shofetim 18:30. See Rashi ad loc., s.v. “ Ben The Torah does not mention them. Moshe did not merit] the great joy of being able to feel that not Menasheh ,” who explains that the “ nun ” of not merit the normal pleasure to which every Menasheh is suspended in the Masoretic Text human being has a right: to see himself reborn everything withers away with death, even in this world order to indicate that this Gershom was in fact in his child[ren], to live again through [them]. Moshe’s son. [He did not merit] the great joy of being able – that something, his offspring, would remain.” xi Be-Midbar 21:18. to feel that not everything withers away with xii See Nedarim 55a. death, even in this world – that something, his rather on the hair side. That which hair sym - xiii Be-Reshit 6:2. offspring, would remain. The Generation of the Flood and the bolizes, in the sense of “Behold, my brother xiv Yesha’yahu 22:13. Moshe had two sons; he certainly loved Generation of the Dispersion Esav is a hirsute man,” xvii is a lack of sensitivity xv Be-Reshit 11:4. them, exactly as Avraham had loved Yitshak. The ibbud of the hide on the hair side, the – a deficiency of compassion towards one’s xvi Ibid. 11:1. The Creator of the World commanded him to kelaf , is meant to mend another sin, callousness fellow, [as well as] cruelty and emotional xvii Ibid. 27:11. give them away, to sacrifice them on the altar, (rish’ut ). This sin is symbolically represented numbness. Their hands, their hearts, and their xviii See Pirkei de-Rabbi Eliezer 24. but no angel cried out to Moshe: “Do not send by the Generation of the Dispersion. While the consciences were overgrown with long, barbed your hand against the lads and do nothing to Benei Basar possess a spark of the Generation hair, and they themselves were transformed them.” The slaughtering knife mercilessly sev - of the Flood, the Wicked of the World ( Rish’ei into insensitive, rigid creatures who had no ered the bond between Moshe and Gershom Arets ) have within them a glimmer of the Gen - empathy for the weak, nor any love for the and Eliezer. Instead of “Gershom ben Moshe,” eration of the Dispersion. poor. Basic sensitivity, clemency, kindness, Tanakh uses a new form [in referring to him], Of what does the sin of the Rish’ei Arets and gentility were foreign to them. In order to “Gershom ben Menasheh.” x consist? Of giving in to the voice of hot blood place a couple of bricks onto that ridiculous The feeling soul ( nefesh ha-margishah ) [and granting one’s body] the desires of the tower, they could sacrifice thousands of peo - on Moshe’s flesh side had to undergo an ibbud - flesh, the raw cravings of the brazen animal ple, their happiness, and their freedom. The process with respect to the most elevated and within human beings? No! Who are the Rish’ei Midrash reports: “When a brick would fall and best part of human existence – continuity Arets ? How did the Generation of the Disper - break, all of them would cry over it; when a through one’s children. sion sin? Through pleasures, promiscuity, person would fall and die, no one would look Why? Because the one who accepted the drunkenness, and self-gratification? No! The around for him.” xviii Torah, the Teacher of Kelal Yisrael , could not Rish’ei Arets of the Generation of the Disper - The sin of the Rish’ei Arets is committed be bound to one family [alone]. He is the father sion were the exact opposites of the Benei by the nefesh ha-margishah when it is wrapped Volume III, Issue 7 www.kolhamevaser.com 29 Kol Hamevaser The Forgotten Torah

BY: Periel Shapiro theologies of some of the most important non- tradition and far from holding heterodox opin - sand years, evolving, like all of our , Jewish Gnostic groups were based largely on ions.” xvi Indeed, , “an imme - before being committed to writing by R. De abbalah is part of your life. Even if Jewish and esotericism. x However, diate spiritual intuition of truths believed to Leon. For some, it is enough that almost every you are an only nominally observant Scholem denies the efforts of some to demon - transcend ordinary understanding; a direct, in - major Torah scholar since the appearance of R. KJew, you have likely partaken in Kab - strate the existence of mystical trends in bibli - timate union of the soul with God,” xvii or de - De Leon’s Zohar has accepted its authenticity balistic prayers and customs or studied works cal times, vaguely dismissing the identified veikut , is the ultimate purpose of the entire and even debated whether and in what context inspired by Jewish mystical concepts. If you ideologies as unfit for the label “mysticism:” Torah. xviii it can be used to determine Halakhah, conclud - have ever been to a , you must “Organized closed societies of mystics have Therefore, it is remarkable that many ing that we determine law based on Kabbalah, have seen the bride circle the groom three or been proved to exist only since the end of the strains of Judaism virtually ignore Jewish mys - but only when it does not contradict a Talmu - seven times, a custom based on interpretations era.” xi ticism and deny its legitimacy, even in its most dic source. xxi This ruling can perhaps be under - of Hoshea and Yirmeyahu and the mystical im - One cannot historically prove Kabbalah basic and universally applicable forms. Some stood based on the concept “ Lo ba-Shamayim plications of the number seven. i It is a virtually to be an original, indigenous part of Judaism may be justifiably concerned that Kabbalah hi ” ([the Torah] is not in Heaven). xxii universal custom in synagogues to sing any more than one can do so for all of our Oral was influenced by external forces, a concern In addition, some Jews are wary of the “Lekhah Dodi ,” a beautiful written by Torah. And so, scholars like Scholem have equally applicable to all of our Oral Law (al - field of esoterica as a whole because mysticism 16 th -century Kabbalist Rabbi Shelomoh long developed theories to help explain how though, that may be the point – as a Living without Torah, an existence of longing for ha-Levi Alkabets, on Friday night, and much the mysticism accepted by the rabbis of the Torah, it evolves in different times and places something beyond this world, is essentially an - of the Shabbat liturgy and many of its customs Mishnah and Talmud came to be. However, as within the boundaries of halakhic and Talmu - tithetical to Judaism, as Rav Soloveitchik sug - are based on Jewish mysticism. A large number is the case with much of ancient history, there dic principles). Still, evidence seems to suggest gests in Halakhic Man .xxiii Still, mysticism is of the classic Jewish ethical texts studied is also no proof that there was not an ancient the remarkable originality of many strands of part-and-parcel of Jewish life. As mentioned, Jewish mysticism. The enormously influential in Judaism, mysticism aims at deveikut , cleav - Sefer Yetsirah , a text expounding the mysti - ing to God through Torah and mitsvot, concrete “Jewish mysticism cannot be cism of Ma’aseh Be-Reshit , is one shining ex - acts. xxiv Thus, we see that Jewish mysticism ample. Scholem writes that “its brevity, allied cannot be divorced from a Torah lifestyle and to its obscure and at the same time laconic and is, in fact, the ultimate purpose of Torah obser - divorced from a Torah lifestyle enigmatic style, as well as its terminology, vance, as many Torah leaders have pointed have no parallel,” and that even modern scien - out. xxv The system of Kabbalah represents per - tific investigations into the text have not suc - haps the only practical ethical application of and is, in fact, the ultimate ceeded in arriving at unambiguous results. xix mysticism to society in existence. The beauty Similarly, the Hasidei Ashkenaz , a group of of Judaism is that “ and deed suf - mystical ascetics who, some scholars contend, fused one another, so that the mystic was en - purpose of Torah observance.” simply adapted Christian asceticism to Jewish abled to live concretely, and the halachist categories, had actually “developed [their reli - mystically.” xxvi throughout the world bear the stamp of Kab - mystical tradition, one that was given to Moshe gious philosophy] mainly within the frame - Another reason people are unwilling to balistic influence, and indeed the very Ha - at along with the halakhot le- work of a clear Talmudic tradition and the explore mysticism is out of concern for the lakhah by which religious Jews live their daily Moshe mi-Sinai and the exegetical principles basic principles were often identical with the dangers it poses and the prohibitions against its lives was authoritatively codified by the through which the Talmud and Mishnah were principles of this tradition.” xx improper use as expressed in Devarim 18:10- renowned Kabbalist R. Yosef Karo in his Shul - later formed. So while a believing Jew can, Some might reject Jewish mysticism in its 14 and Tractate Hagigah .xxvii Nevertheless, not han Arukh .ii R. Karo regularly cites Kabbalistic generally speaking, learn a great deal from his - current form because they believe that the all Kabbalah is dangerous and there are appro - sources and mystical aggadot when they are torical research regarding Jewish mysticism Zohar , the most influential work of Kabbalah priate avenues for accessing a direct mystical relevant to halakhic practice, iii and commen - and how the Oral Torah evolves, he does not in today’s world, was created by R. Moshe de experience of the Divine, as the perek in De - taries such as the Hafets Hayyim’s Mishnah have to decipher clues and piece together evi - Leon of 13 th -century Spain, as most scholars varim goes on to say, “And I will raise a Berurah include substantial discussions of fun - dence to explain where it all came from. He have argued, not by the Tanna R. Shimon bar prophet unto you.” xxviii Those avenues were damental Jewish mystical concepts. iv When can simply trust the testimony of the Mishnah perhaps the authority on Jewish law was very in Tractate Avot that states: “Moshe received much a mystic, a man who wrote a diary de - the Torah from Sinai, and transmitted it to “The system of Kabbalah scribing detailed conversations he had with an Yehoshua, and Yehoshua to the elders, the eld - angelic being, it is certainly proper for a Jew ers to the prophets, and the prophets to the to at least understand what Kabbalah is. v,vi members of the Great Assembly.” xii represents perhaps the only The term “Kabbalah” in its wider sense With that background, we find evidence signifies all the mystical movements within Ju - of mystical thought in many traditional, canon - daism that have evolved over the past two mil - ical writings. Talmudic sources and early Jew - practical ethical application of lennia. vii Historically speaking, the origins and ish esoteric literature, such as the Hekhalot development of Jewish mysticism are uncer - texts, are connected at many points and often tain and can only be traced as far back as the explain each other. xiii Even the Shi’ur Komah , mysticism to society Jewish esoteric traditions being transmitted in an obscure and heavily anthropomorphic mys - the Roman provinces of Egypt and Palestine in tical teaching, xiv “was an early and genuine part the 1 st century CE. viii Some scholars argue that of mystic teachings in the days of the tan - Kabbalah was heavily influenced by Persian naim ,” and at one point, even Maimonides ac - in existence.” and Greek culture, while others, such as Ger - cepted it as authoritative, suggesting that Yohai, as tradition contends. I would not claim taken by our prophets, some of whom reached shom Scholem, emphasize the uniqueness and perhaps one of the father figures of rationalist that R. Shimon bar Yohai sat in a cave and the highest levels of Jewish mystical achieve - dynamism of 1 st - and 2 nd -century Jewish mys - Judaism was not as one-dimensional as many wrote word-for-word the Zohar that we have ment: the practical, or magical, Kabbalah. The ticism. ix Either way, the relationship between portray him to have been. xv In addition, Sc - today. I would only state that he likely medi - prophet Eliyyahu, for example, had the ability Kabbalah and various other mystical traditions holem describes how the “striking halakhic tated on the concepts found in the Zohar and to manipulate the forces of Creation and beyond Judaism was certainly never one-direc - character of [Jewish mystical] literature shows expounded them to his students. These ideas thereby bring about changes to the physical tional, and indeed Scholem points out that the that its authors were well rooted in the halakhic were then transferred orally for over a thou - world through a nes , or . Such mystical

30 www.kolhamevaser.com Volume III, Issue 7 Halakhah and Minhag powers are inaccessible and incomprehensible both divine and not mutually exclusive. Ra - shter , God, the Eternal One, existence itself. As xv Scholem, ibid. Rambam accepts the Shi’ur to the vast majority of Jews. tionality allows one to cognize reality and de - Rav Kook, zts”l , writes: Komah in the original manuscript of his Com - However, the great physicist and Kabbal - velop ways of relating to and measuring it – “Due to the alienation from the ‘secret of mentary to the Mishnah , Sanhedrin 10. Sc - ist R. , zts”l , outlines two other asiyyat ha-mitsvah – while mysticism gives God’ [Hidden Torah], the higher qualities holem suggests that he only later rejected the forms of Jewish mysticism that can be prac - one the ability to experience reality directly, of the depths of godly life are reduced to Shi’ur Komah under the pressure of Karaite ticed and studied by all Jews, especially kavvanat ha-mitsvah . We were given com - trivia that do not penetrate the depth of the scorn regarding its anthropomorphic content. through Hasidut .xxix These two categories are mandments by God and an intellect to decipher soul. When this happens, the most mighty xvi Ibid., p. 14. “meditative Kabbalah” and “theoretical Kab - those commandments and determine how to force is missing from the soul of the na - xvii Random House Dictionary 2010. balah,” both of which are extensively dis - carry them out and apply them to our lives. tion and individual [...] We should not xviii See, for example, Ritva’s Sefer ha- cussed in many major Kabbalistic works, However, without at least a basic awareness negate any conception based on rectitude Zikkaron , Ibn Ezra’s commentary to Shemot including the Zohar . Meditative Kabbalah, ac - that one is performing a commandment of and awe of Heaven of any form – only the 31, the Netivot Shalom , and others. complished through hitbodedut (reflective iso - God, one does not fulfill his or her aspect of such an approach that desires to xix Ibid., p. 23. lation) and hitbonenut (meditation), allows a obligation. xxxiii This awareness is the simplest negate the mysteries and their great influ - xx Ibid., p. 37. person to quiet his mind and achieve a direct level of mysticism needed for one to fulfill his ence on the spirit of the nation. This is a xxi Beit Yosef to Orah Hayyim 141. experience of God, which is a major part of halakhic obligations. The more we intuitively tragedy that we must combat with counsel xxii Devarim 30:12. This is a fundamental con - Hasidut . Theoretical Kabbalah contains the understand the nature of existence and our and understanding, with holiness and cept in the philosophy of Halakhah, illustrated “mechanics of the divine realm,” explaining place in it, the closer we come to a union with courage.” xxxvii vividly in Bava Metsi’a 59b. It describes the the other branches of Kabbalah and providing God, for “God knows the world as the truth of We should all merit to witness the day idea that the human intellect and rational an underlying philosophy of Judaism. xxx His own existence” and thus “man and God are when we realize the fullest expression of our thought take precedence in determining Ha - Perhaps the most fundamental reason for united in knowledge of the world.” xxxiv How - ancient tradition and incorporate every dimen - lakhah, even if the conclusions reached counter the rejection of Kabbalah by many Jews today ever, what makes this mystical union Jewish is sion of our humanity as both rational and spir - the objective truth of heaven. Halakhah creates is that they see rationalism and mysticism as the understanding that “knowledge without ac - itual beings. its own reality, so to speak. The nature of Jew - antithetical schools of thought. This seems to tion serves no purpose.” xxxv We express this ish mysticism and mystical exegesis is such be especially so for Modern Orthodox Ashke - union in concrete acts and halakhic behaviors Periel Shapiro is a junior at YC majoring that it is less a product of the logical deduction nazim, a community that does not seem able to that emphasize individuality rather than nullify in History. of the human intellect and more the result of a shake its philosophically-outdated Enlighten - it. direct experience with God through medita - ment insecurity about the non-rational ele - Whatever the explanation may be for our tion, visions, and oral traditions derived from ments of Jewish tradition. Ironically, this neglect of our mystical tradition, the fact is that Sinai. Such experiences would seem to fall i Hoshea 2:21-22, and Yirmeyahu 31:21 under the category of “heavenly ,” so ii , Kabbalah (New York: that although they are true and important parts “Instead of putting them in conflict, Quadrangle/New York Times Book Co., 1974), of tradition, they cannot determine normative p. 196. Halakhah if the human mind decides other - Judaism teaches that mysticism and iii See, for example, in regards to the laws of wise. washing hands, where the Zohar is cited three xxiii R. Joseph B. Soloveitchik, Halakhic Man rationality should play complementary times ( Shulhan Arukh , Orah Hayyim 4:8-9, (Jerusalem: Sefer ve-Sefel Publishing, 2005), 4:16). p. 30: “Halakhic man’s relationship to tran - iv Mishnah Berurah 1:1-4; see also Din Kav - scendence differs from that of the universal roles as two distinct ways of vanat ha-Berakhot (siman 5), where R. Karo’s homo religiosus . Halakhic man does not long wording has clear mystical intimations that are for a transcendent world […] It is this world approaching existence that are both discussed explicitly by Gra and the Hafets which constitutes the stage for the Halakhah,” Hayyim. and the stage for Jewish mysticism as well. divine and not mutually exclusive.” v Based on: http://www.britannica.com/ xxiv Based on a discussion of Kabbalah by R. EBchecked/topic/312602/Joseph-ben- Aryeh Kaplan which originally aired on Dr. anxiety creates strange double standards within many Jews are being lost in the legalism of Ephraim-Karo . R. Karo’s mystical diary, the Russell Barber’s show “The First Estate,” Modern Orthodoxy; for instance, the Zohar has today’s Judaism. Jewish youth are spiritually Meisharim , which recorded the noc - broadcast on WNBC-TV in 1979. Available at: been dated to the 13 th century using the same starved and seek to quench their thirst for turnal visits of an angelic being over the course http://www.youtube.com/watch?v=WAB19Jyp academic methods by which scholars date all meaning with Buddhism, Hinduism, or music. of fifty years, was likely never intended for 1BA . of Jewish Oral Law to the post-Second Temple We have gone so far in denying and burying publication. xxv See above, n. 18. period. Yet, many Jews who claim that the Kabbalah that Judaism is the last place where vi R. Karo’s pupil was R. Moshe ben Ya’akov xxvi Abraham Hirsch Rabinowitz, The Jewish Zohar is late would never consider doing so some Jews look for spirituality, further boost - Cordovero, the leading Jewish mystic in Safed, Mind, in its Halachic Talmudic Expression with regard to the Talmud. ing ever-rising assimilation rates. In addition, whose disciples included prominent Safed (Jerusalem: Hillel Press, 1978), p. xxii. In truth, though, it may be that the ques - due to the neglect of Jewish mysticism in tra - Kabbalists like R. Eliyyahu de Vidas, the au - xxvii Bavli 14b and Yerushalmi 2a. tion of rationality is itself irrelevant. “The mys - ditional circles, Kabbalah has sadly become thor of the Reshit Hokhmah , as well as R. xxviii Devarim 18:15, quoted by Kaplan, ibid. tic, the halachist, as well as the pure scientist the domain of Madonna and the Los Angeles Hayyim Vital. xxix Kaplan, ibid. live in an ideal world. Given their own criteria, Kabbalah Center. I once heard someone say vii Scholem, p. 1. xxx Ibid. the structures are perfectly logical in them - that Judaism gave away the Land of Israel to viii Ibid., p. 8. xxxi Rabinowitz, p. xxi. selves.” xxxi I have long heard the silly argu - the secular Zionists, Hebrew to the Maskilim , ix Ibid., p. 10. xxxii Ibid., p. xxix. ment, “It is not scientific,” as if science ever and Tanakh to the Christians. Now, we are x Ibid., p. 22. xxxiii Mishnah Berurah to Orah Hayyim 8:19. claimed to understand reality in its totality, as abandoning our ancient spiritual tradition to xi Ibid., p. 10. xxxiv R. Joseph B. Soloveitchik, And From if the spirit of man is governed by scientific Hollywood. xii Avot 1:1. Pirkei Avot is popularly known as There You Shall Seek , transl. by Naomi Gold - canons. Even the atheist believes: he believes It is time that modern Judaism face Torat “Ethics of the Fathers ,” but it is probably better blum (New York, NY: Ktav, 2009), p. 103. that the sun will rise tomorrow or that the traf - ha-Sod rather than ignore it or flee from it. translated as “Chapters of Fundamental Prin - xxxv Ibid., p. 104. fic light will change to green, though he has no Even many scholars of the 20 th century, includ - ciples,” considering that the Talmudic usage of xxxvi Scholem, p. 190. purely rational grounds for doing so. Do pure ing Scholem, acknowledge the enriching im - the term “ avot ” often refers to principle cate - xxxvii Rav Kook, Orot 2 (: Ha-Aguddah rationalists “circumscribe themselves ‘scientif - pact that Kabbalah has had on Jewish gories. After all, these chapters are the defining le-Hotsa’at Kitvei ha-Re’iyah Kuk, 2004). Qtd. ically’ in anything but their refusal to be men existence, strengthening the inner life of the in - principles of the Torah. in Carol Diament (ed.), : The Sequel in the fullest sense of the word”? xxxii dividual Jew and Jewry as a whole with its xiii Scholem, p. 14. (New York, NY: Hadassah, the Women’s Zion - Instead of putting them in conflict, Ju - wealth of symbolism and imagery. xxxvi Kab - xiv The Shi’ur Komah is based on descriptions ist Organization of America, 1998), p. 421. daism teaches that mysticism and rationality balah, our tradition , is essential for our spiri - in the (5:11-16), Rabbinic ag - should play complementary roles as two dis - tual redemption and the emergence of a united gadot, and the Ma’aseh Be -Reshit mysticism tinct ways of approaching existence that are society in perfect harmony with the Eyber - found in Hekhalot Rabbati . Volume III, Issue 7 www.kolhamevaser.com 31 First Things invites you to attend

a lecture by

Professor Michael Wyschogrod:

A King in Israel: A Theological Approach to Israel's Constitutional Problem

June 3, 2010 at 6:30 p.m.

35 East 21st Street, 6th Floor

Introduction by Rabbi Meir Y. Soloveichik, Associate Rabbi of Congregation Kehilath Jeshurun

A wine and cheese reception will follow the lecture.

Please join us!

RSVP: [email protected]

In an essay published in First Things (May 2010), Professor Wyschogrod proposed a solution to the State of Israel’s constitutional stalemate. Israel, he proposed, should declare itself a constitutional monarchy ruled by a successor to King David, represented by a “regent safeguarding the Throne of David until such time that divine intervention identifies the rightful heir to the Davidic kingdom.” He explains: “The crowning of an actual Davidic monarch today would require prophecy to select the proper person. In the absence of prophecy this is impossible—and the sages of Israel declared almost two thousand years ago that prophecy was gone from Israel. Israel nonetheless can be declared a Davidic monarchy without a reigning king. This action would build into the self-understanding of the State of Israel the messianic hope of the Jewish people, while excluding a messianic interpretation of the present State of Israel."

Prof. Wyschogrod will lecture on Jewish covenantal and its application to the present challenges of the Jewish people and the State of Israel. First Things is honored to present this important thinker to our readers.

Praise for Michael Wyschogrod:

Michael Wyschogrod is “perhaps the most original Jewish theologian of the past half century,” Rabbi Meir Soloveichik wrote in the pages of First Things.

He is “a man of supple metaphysical imagination and expansive systematic mind,” R.R. Reno wrote in an On the Square essay, describing Professor Wyschogrod’s influence over an entire generation of theology students. “He became something of a cult figure among the cognoscenti. The theology of Karl Barth hovered over our discussions as a presiding presence, and in The Body of Faith Wyschogrod engages Barth’s theology in subtle and profound ways. In fact, I’d wager that he is the Jewish thinker of the modern era with the most sympathetic grasp not only of Barth, but of Christian theology generally.”