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latform P Issue One תשרי תשפ״ב – September 2021

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Torah Platform – September 2021

In this issue:

Welcome Dayan Yosef-Haim David...... 5

Halak Beth Yosef Meat Dayan Yosef-Haim David...... 7

Prejudices and Preconceptions Aaron Ambalu...... 13

Attaining a Love of Hashem David Abecasis...... 17

Who was the First Therapist? Rabbi Daniel Nissen...... 20

Plastic Surgery Rabbi Moshe Bengio...... 23

Answering Amen Remotely Rabbi Ya’akov Yisrael Sebbag...... 28

Torah Giants Rabbi Eliyahu Hye...... 32

Blue Chicken Eggs Raphael Ambalo...... 38 This edition of Torah Platform is kindly sponsored by

שליט״א Rabbi Ya’akov Allen

from Golders Green

תשרי תשפ״ב – September 2021

4 Welcome Dayan Yosef-Haim David

ב״ה ׀ תשרי תשפ״ב Issue One – September 2021

מלפנו מבהמות ארץ ומעוף השמים יחכמנו… Who teaches us [more] than the beasts of the earth, and Who makes us wiser than the birds of the skies? (Iyov 35:11)

n tractate Eruvin (100b), Rebbi Yohanan says The in the beginning of Perek Helek, that if the Torah was not given to us, we would Sanhedrin, gives a list of Jews who do not have I have learnt the concept of modesty from the a portion in the World to Come, and one of the cat, theft from the ant, forbidden relations from examples are those who read ‘Sifrei Minim’. the pigeon and marital relations from the rooster. explains that the Mishnah is referring to books The Ben Ish Hai questions in his Sefer, Ben that are written by atheists. Yehoyada, that we can still learn all of these There has never been a time like ours where character traits from the animals even after the knowledge is so vast and so easily attainable. Much Torah has been given to us. So, what is Rebbi of that knowledge stems from intellectuals with Yohanan essentially teaching us here exactly? questionable morals and beliefs, which could bring He answers that these animals may have one or about the risk of a Jew also identifying with their two good character traits, but they also possess immoral beliefs or behaviours. negative ones. What Rebbi Yohanan means is Whilst it is permissible and praiseworthy to that if the Torah was not given to us, we would enrich our minds with knowledge of the sciences, run the risk of also learning negative traits from etc., as the Rambam echoes in Hilchot Yesodei these animals. Knowledge of the natural world is never enough, and a Jew will always need a strong Torah foundation to guide and direct him in life.

5 Welcome | 5 HaTorah, Ch. 2, Law 2, we must not forget the The Torah is eternal, and every technological importance of first filling our appetite with Torah innovation, issue, or challenge can be addressed knowledge. through Torah eyes. This is why we have created The Rivash (Rav Yitzhak ben Sheshet of , ‘Torah Platform’: a unique forum to present 1326–1408) says that we should not make a mistake contemporary essays to a broad audience. Whilst when considering the Rambam and his expertise in Torah Platform is geared towards a general secular knowledge. He explains that the Rambam audience, much of what is here will be of interest learnt all areas of Torah fully before he embarked to the scholar as well. on his secular studies. Furthermore, the reason In most cases, the authors’ sources have been why the Rambam wrote certain books like Moreh provided to encourage those who are able, to Nevuchim, was in order to address the many study the topics in greater detail and examine heretical trends that were prevalent in his time. The them for themselves. Be’er Sheva (Rav Issachar Baer ben Israel Leiser Parnas Torah Platform is for the educated Jew Eylenburg of Prague, 1550–1623) says the same about in the modern world – especially those in the the order of the Rambam’s education and warns academic world. that a person who is not Torah knowledgeable, This is an opportunity for the discerning reader yet cares for his soul, should take great care and to gain a genuine appreciation for the Torah’s caution from the influence of secular books that authenticity and beauty. הפך בה והפך בה, דכולה בה .are written by heretics The interface between Torah and secular B’bracha, studies cannot be entrusted to the untrained. Dayan Yosef-Haim David

6 Halak Beth Yosef Meat Dayan Yosef-Haim David

eing a meat-eater is no simple matter for a that they could eat all vegetation that produces seed and all trees that have seed-yielding (כל עשב זרע זרע) Jew. It may come as a surprise to learn that 2 (כל העץ אשר בו פרי עץ זרע זרע) .B the Babylonian requires us to be on a fruits high spiritual level to permit the consumption of meat. There was no mentioning of being allowed to We learn this from tractate Pesahim1 where Rebbi consume the flesh of an animal. Yehuda HaNasi is quoted forbidding an unlearned In fact, the Talmud in tractate Sanhedrin records Jew from eating meat: in the name of the famous Amora'im, Rav Yehuda in the name of Rav, that Adam and Hava were indeed originally forbidden from eating meat:3 תניא ר׳ אומר עם הארץ אסור לאכול בשר שנאמר “זאת תורת הבהמה והעוף”. כל העוסק בתורה מותר לאכול בשר בהמה אמר ר׳ יהודה אמר רב, אדם הראשון לא הותר לו בשר לאכילה, ועוף, כל שאינו עוסק בתורה אסור לאכול בשר בהמה ועוף . שנאמר לכם יהיה לאכלה ולכל חית הארץ – ולא חית הארץ

לכם. I t wa s tau g h t in a Braita, Rebbi says: An Am HaAretz is forbidden from eating meat. R av Y e h u da s a i d in the name of Rav; Adam A s i t s ay s ; “This is the Torah of land mammals and HaRishon was not allowed to eat meat, as it says birds.” Whoever studies the Torah is allowed to eat [about the fruits and vegetation], “For you it shall be the meat of land mammals and birds, and whoever for consumption and for all the animals of the land.” does not study the Torah is forbidden from eating the [We learn from this that] the animals [themselves] meat of land mammals and birds. were not [permitted] for you [for consumption]. Even though Rebbi Yehuda’s opinion is not an actual The Torah Temimah4 gives an interesting insight on Halachic requirement today, it is interesting why this piece of Talmud. When Adam and Hava sinned this great Sage would require Torah knowledge and with the forbidden fruit, the whole cosmos changed observance as a prerequisite for eating meat? The both physically and spiritually; ‘death’ entered the scene Torah Temimah (Rabbi Baruch HaLevi Epstein, 1860–1941) and permeated every aspect of existence. After several helps answer this question… subsequent sinful generations, Hashem flooded the When Hashem created the Universe He never world and when No'ah finally emerged from the Ark, originally intended for Mankind to eat other creatures. one of his first initiatives was the sacrificing of animals Adam and Hava were fashioned and placed in Gan to Hashem. As a reward, Hashem permitted mankind Eden and they were informed directly by Hashem to eat meat and the reason, the Torah Temimah

דף מט: .1 בראשית א, כט .2 סנהדרין דף נט: .3 שם .4

Halak Beth Yosef Meat | 7 explains, is because animals were on a lower level and classify an animal a Terefa and therefore not Kasher.6 no longer immortal in any case. The consumption of Maran, Rav Yosef Caro (Tsfat, 1488-1575), the author of meat was therefore permitted as a Divinely ordained the Shulhan Aruch, categories the list into 8 types of privilege for those who are worthy of it. Eating meat Terefot,7 most of which are uncommon and do not only came with one restrictive caveat; it is forbidden need checking. However, Terefot found specifically in a limb torn from the lungs of cattle are much more common and fall – אבר מין החי to consume meat that is .(”common minority“) מיעוט המצוי a living animal. Gentiles are therefore also bound by into the category of the Noahide law of having to first kill an animal and Therefore, in order to ensure an animal is ‘Halak’ we only then partake of its flesh. have to check its lungs for irregularities, such as cysts For the Am Yisrael, however, higher expectations and adhesions. were bestowed. When the Jewish people became a • How serious are these lung adhesions in cattle? nation at Mount Sinai, a new set of dietary laws were • Do the presence of adhesions really mean the given on that auspicious day appertaining only to animal is going die within 12 months and is therefore us. We were told which creatures are permitted for a Terefa? consumption and which are forbidden. In addition We asked these questions to an expert Veterinarian we of Westpoint Vets in Chelmsford, which is a practice ,אבר מין החי to the universal prohibition of eating were also instructed on the laws of Shehita (ritual that specialises specifically in livestock. slaughter) and making the meat Kasher (salting, etc.) We learnt that domesticated cows, as a species, and ready for consumption. have abnormally unhealthy lungs compared to other This is an appropriate introduction to prepare us land mammals. It is therefore common for cows to in approaching this intricate related topic. If die at a young age from issues arising in their lungs. we are able to first acknowledge the importance and This is due to the fact that cows are prone to lung responsibility that lies on our shoulders regarding the diseases and infections, as well as parasitic infestation consumption of meat, we will in turn b’e’H appreciate of the lungs, such as lung worm. We enquired further the detailed laws of how to ensure the meat that we if the presence of an adhesion on the lungs could be an eat is essentially Kasher. indication that the animal will die within 12 months. Let us now look into what Halak Beth Yosef is The response received was that sometimes this may exactly and why it is so important for every one of indeed be the case, whereas in other cases the animal us to observe this fundamental Jewish dietary law. can live for longer than 12 months with the assistance It is very well known that the halachic process of of antibiotics, etc. [The Rambam8 stresses, though, rendering meat Kasher, and thereby permissible for that even if it is proven through medical innovation eating involves the stages of Shehita (slaughtering) that an animal can survive despite having one of the and Meliha (salting) before it is cooked. However, Terefa ailments, this does not change its status from what may be less known is that there is an additional being a Terefa.] intermediary stage of checking to ensure that the The Bodek, who is the person examining the literally means ‘torn’ slaughtered animal, therefore needs to ensure there (טרף) animal is not a Terefa. Taref and it is a title given to an animal (or to meat) that are no mucus adhesions caused by cysts around the is not Kasher due to a wound, or a lesion in its inner surface of the lungs. Lung adhesions have a sticky organs, or broken limbs, all of which would bring constitution that cause the lobes of the lungs to stick about (or brought about) its death in a relatively short to one another, or to the cavity walls. These tough period of time, i.e. within 12 months.5 The Rambam adhesions are called ‘Sirhot’ and they can sometimes (Egypt, 1138-1204) lists 70 ailments and defects that would be very thick, or as thin as a hair.

חולין נז:, רמבם פרק יא מהל’ שחיטה ה”א, שו”ע סימן נז סע’ ח .5 פרק י, הל’ שחיטה ט .6 סימן כט, סעי’ א .7 פרק י מהלכות שחיטה, הלכה יב-יג. וע”ע מאירי חולין, דף נז .8

8 | Torah Platform ­– Issue One Rashi (, 1040-1105) and Tosafot (France/, as tough as a Sirha and therefore cannot make the 12th-14th century) give two reasons why the presence animal a Terefa by moving or snapping. of a Sirha on the animal’s lungs categorises the animal Now that we have summarised some background as a Terefa and therefore not Kasher. According to information on the definition of Halak Beth Yosef Rashi9 the animal is a Terefa because the presence meat, let us look into how complications have arisen of a Sirha is an indicator that there was a hole in the on this topic amongst the Halachic authorities. lung and even though the hole may be sealed now, As early as the period of the Ge'onim (circa 5th since the adhesion has become attached to another century) the topic of how to distinguish between a Rir surface, it will eventually tear and make a hole again in and Sirha was discussed and determined. The Rosh the lung. Tosafot10 explains that Sirhot can appear on (Rabbeinu Asher ben Yehiel of Germany & Spain, 1250-1327) lungs even without there being a hole and since these quotes Mar Ya'akov HaGaon who ruled that one can adhesions can eventually snap, they can subsequently hold the trachea of the animal and shake it together tear a hole in the lung and thus render the animal with the lungs and whatever adhesions get detached a Terefa. easily are only insignificant mucus strings called Ririm and not actual deadly adhesions called (ריר בעלמא) ;The Bodek has to do two examinations of the lungs Bedikat Penim (internal examination) and Bedikat Sirhot.15 It is important to pay attention to the Hutz (external examination) to ensure there are no methodology permitted by Mar Ya'akov HaGaon, i.e. adhesions. Bedikat Penim is an examination where he allows you to shake the lungs and not to physically the Bodek runs his fingers between the different lung rub or dissolve these mucusy strings with one’s fingers. lobes, as well as between the lungs and the rib cage, The Kol Bo Rav( Aharon ben Ya'akov HaKohen, 14th etc. He does this very carefully and gently, checking century France) similarly quotes one of the Ba'alei for a Krum (cyst) or a Sirha (adhesion). If nothing Tosafot, HaRav Yitzhak ben Ya'akov HaLavan (12th is found the meat is considered Halak (smooth) and century Bohemia), who also allows the Bodek to very therefore Kasher.11 After Bedikat Penim, the lungs gently and slightly lift the Sirha to determine how are detached from the animal and are sent for external strong it is. He then makes a ruling that whatever checking called Bedikat Hutz. This is to make sure by adhesions become easily detached when the Sirhot sight and feeling that nothing has been overlooked are gently lifted are defined as Ririm, anything else and that the lungs are healthy. Some have the custom, is a problematic Sirha that would render the animal according to the Rema, to inflate the lungs to ensure a Terefa. there are no holes.12 The Kaf HaHaim, (Rav Ya'akov Again, none of the medieval halachic authorities Haim Sofer of Baghdad, 1870-1939) confirms that it is the quoted above went as far as to allow the actual rubbing widespread Minhag today that everyone does Bedikat away of adhesions with one’s fingers and this is a very Hutz after Bedikat Penim.13 significant point, as we are about to discover.16 A Bodek will often find very thin mucous strings A fundamental question was asked to the Rashba called ‘Ririm’ emanating from the lungs. A Rir by over 700 years ago and the Rashba’s response is key to definition is usually formed within the previous 24 understanding the principles of this topic. The Rashba hours and it is so delicate that it can become detached (Rav Shlomo ibn Aderet, 1235-1310) was a medieval Sephardi by the slightest movement.14 The presence of a Rir halachic authority from Spain whose opinion carried does not constitute a Kashrut issue at all, as it is not a lot of weight in the formulation of halachic

חולין דף מו: .9 שם דף מז .10 סימן לט, כה”ח אות יא .11 רמ”א שם, סע׳ א .12 כה”ח שם, אות כא .13 עי ב”י סימן לט בשם הכל בו, סעי׳ יא-יב .14 ראש על מס׳ חולין )דף מו( אות ח .15 עי׳ ב”י שם .16

Halak Beth Yosef Meat | 9 by many of the and Aharonim (early and if they are feeding Jews meat that is Taref. We now late halachic authorities). The Rashba was asked if a come to the opinion of the Rema and this is where Bodek is allowed to rub a Sirha with his fingers and if the heavy debate surrounding this topic arises. The it eventually dissolves, i.e. proving it was never strong Rema (Rav Moshe Isserles of Poland, 1530-1572) was the enough to pull at the lung and make a hole, perhaps great Ashkenazi commentator on the Shulhan Aruch. this can render the meat Kasher? The Rashba’s harsh The Rema quotes an opinion that allows Mishmush protest to this approach is documented as follows:17 and Mi'uch (rubbing away of the Sirhot), which would surprisingly render the meat Kasher if no hole is subsequently found once the Sirha is removed. He יש לגעור הרבה מאד למי שעושה כן – ואם יעשה כן אחד relies on a single lenient opinion, which purports to מהשוחטים במקומותינו אנו מסלקים אותו מיד מן השחיטה say that a Sirha that covers a hole cannot be detached לאחר התראה, לפי שאין לזה שום עיקר ויסוד בתלמוד… without tearing the membrane of the lungs. This סוף דבר, אין מקום להקל בזה בשום אופן כלל וכלל. alleges that the meat becomes permitted if a Bodek T h e Ra s hb a , i n another publication called Torat successfully removes a Sirha without tearing the HaBayit, also goes as far as to make the following membrane of the lung. The Rema admits himself that severe statement about those who practice the rubbing this is an extremely lenient opinion, and his words away of adhesions with their fingers:18 are documented as follows:21

ואף על פי שקולא גדולה היא, כבר נהגו כן במדינות אשכנז, כל העושה כן מאכיל טריפות לישראל. ואין למחות בידם, שיש להם על מה שיסמוכו.

W h o ev er d o es t h i s is feeding non-Kasher meat to Am Yisrael! A n d ev en t h o u g h this is a very big leniency, it has already been established as a minhag in Ashkenazi This view of the Rashba was echoed by the Tashbetz communities and one should not rebuke them, for they (HaRav Shimon ben Tzemah Duran of Spain, 1361-1444) in his have what to rely on. book Yavin Shemua19 who agrees that rubbing away the Sirhot with one’s fingers in order to try to make The Rema also clarified earlier in the Darkei Moshe,22 the meat Kasher is totally forbidden. his commentary on the Beth Yosef, that despite there For this reason, Maran, Rav Yosef Caro makes a being a leniency to rub away a Sirha, nevertheless if conclusive ruling in the Beth Yosef, and then later on one needs to rub it firmly then the animal is for sure in the Shulhan Aruch,20 that any adhesion attached a Terefa. We can only assume the great Rema allowed to the cavity walls, or to other lung lobes, render this leniency to be upheld because poverty was so the meat completely Taref. Even if the adhesion is rampant in the Jewish communities of medieval as thin as a hair, or as thick as a thumb, or even if it Europe in his days. was easily detached and no hole was discovered in The Minhag of rubbing away Sirhot with one’s דעת the membrane of the lungs after inflating, it is still fingers, as quoted by the Rema, is sourced from a a sole opinion) of Rav Ya'akov Veil, who was) יחיד considered not Kasher. Rav Yosef Caro uses very strong language against those who rub Sirha tissue until it one of the German Rishonim from the 5th century, dissolves, in order to permit the meat. He quotes otherwise known as the Mahari Veil.23 We could the same wording of the Rashba, considering it as not find any other Halachic authority, not in the

סימן שד .17 בארוך בית שני, שער שלישי, דף לד .18 דף יט .19 סימן לט, סע׳ י .20 שם .21 עי׳ דרכי משה, סימן לט, אות יט .22 שם, אות כ .23

10 | Torah Platform ­– Issue One Rishonim or Aharonim, nor amongst the Ashkenazi Surprisingly though, there were some communities or Sephardi authorities, who allowed this leniency in Morocco who were lenient, like the Rema, and before the Rema’s ruling. relied on Mishmush and Mi'uch. It is a mystery how There is a Sefer called the Beth David, written by this leniency came about in an established Sephardi Rav David ben Haim Tzvi – a learned Shohet from community. Rav Shalom Mashash (1909-2003), who was Poland (early 1900s), where he discusses this topic. This the Chief Rabbi of Morocco and then the Chief Rabbi Sefer is often studied by Shohtim in their training. of Jerusalem, speaks strongly against it. He writes in The Beth David records and upholds the custom to Shemesh u’Magen the following statement about the do Mishmush and Mi'uch with one’s hands.24 What importance of Moroccans and all Sephardim strictly is surprising is that he writes (in the name of the keeping Halak Beth Yosef:29 Maharshal) that it is evident from the words of Rosh מנהג יוצאי מורוקו, וגם כל הספרדים בכל מקום, כדעת מר”ן that rubbing away the Sirhot by hand in this manner שלא למעך בסירכות כלל וכלל, וכל הנוהג ה”ז מאכיל טריפות is permissible. We have already quoted the Rosh לישראל, וח”ו ליכנס בספק כלל, וזה ברור. earlier on and he clearly says that it is forbidden to do Mishmush and Mi'uch with one’s hands. How the Beth David and Maharshal learnt the Rosh to infer T h e m i n h ag o f Moroccans, and indeed Sephardim the very opposite begs understanding. in every place, is according to the opinion of Maran The Sephardim and communities of the East follow (Rav Yosef Caro) that one should not rub the Sirhot the rulings of the Rambam, Rashba and Maran in at all whatsoever, and whoever does so… behold this matter and therefore do not eat any beef that had he is feeding non-Kasher meat to Am Yisrael, and Heaven forbid for one to enter this area of doubt, an issue of lung adhesions in the animal.25 The Hida and this is clear. (Jerusalem, 1724-1806) writes in Shem HaGedolim26 that any Sephardi who is lenient like the Rema, against the Rav Yitzhak Hazan (Mahari Hazan, 1919-1990) was a opinion of Maran, is obligated to do Teshuva (repent) great Rabbinic authority from Casablanca who also and also requires a Kapparah (an atonement). Rav forbade eating any meat that is not Halak Beth Yosef.30 Abdallah Somech of Baghdad (1813-1889) gave witness It is interesting to now take a look at the opinions that the community of Baghdad only ate Halak Beth of various early Ashkenazi Halachic authorities who Yosef meat. Rav Shalom Moshe Hai Gagin (1831-1883), disagreed with the Mahari Veil’s lenient ruling and who was the Av of Jerusalem and the only ate Halak Beth Yosef meat. grandfather of the UK Sephardi Chief Rabbi – Rav As well as the Rosh and the Kol Bo that we have Shemtov Gagin, writes that one should not eat any already cited above, the great Vilna Gaon is another meat that has a doubt in its Kashrut status according example from the Ashkenazi world who sides with to Maran.27 The Kaf HaHaim28 also records that the the Rashba and Rav Yosef Caro against the Mahari Minhag of the Sephardim in Jerusalem was to forbid Veil in his Sefer, Ma'aseh Rav:31 Mishmush and Mi'uch. All the great Sephardi poskim שיש להחמיר בזה, ואפילו כלים שבשלו בהם בשר בהמה of our generation, including Rav Ovadia Yosef zt’l, Rav שהוכשרו על ידי מיעוך ומשמוש צריך להכשירם כדין כלים ,Mordechai Eliyahu zt’l, Rav Bension Abba-Shaul zt’l שנתבשל בהם בשר טרף… וחלילה לנהוג מיעוך ומשמוש etc. follow the opinion of Maran in these Halachot סירכות במקום שלא נהגו בכך. .and forbid any meat that is not Halak Beth Yosef

שם, אות ג .24 עי׳ יחוה דעת, סימן נו .25 מערכת ט, אות יב .26 יחוה דעת שם .27 סימן לט, אות ריט-רכא .28 חלק ג, או”ח סימן נט .29 בספרו באר לחי .30 סימן פ .31

Halak Beth Yosef Meat | 11 O n e h a s t o be stringent in this regard and even e quoted earlier some information from vessels that were used to cook meat that was Kashered a modern-day Vet on the high risks by Mi’uch and Mishmush need to be Kashered like W associated with lung diseases in cattle. vessels that were used to cook non-Kosher meat… This feedback is exactly in line with the genuine And Heaven forbid to allow the practice of Mi’uch concerns raised by the Rashba and Rav Yosef Caro and and Mishmush of Sirhot in a place where it is not all those who ruled in their liking. Even though we the custom to do so. do not ever need verification from Hachmei HaTevah The Shelah HaKadosh Rabbi( Yitzhak HaLevi Horowitz (secular scientists) on the authenticity of the words of of Prague, 1565-1630) refers to this leniency as a ‘Negah’, our holy Sages, nevertheless when we see data from which means a disease or an infliction. He quotes the two marry up so precisely, we automatically get (HaRav Ya'akov ben Meir of France, 1100-1171) an unavoidable Hizuk. Appreciating and accepting as a support, who held that whoever does Mishmush the immense knowledge that our Sages possessed of and Mi'uch are feeding Terefot to Am Yisrael.32 The the natural world is part and parcel of being a Jew. Nodah b'Yehuda (Rabbi Yehezkel HaLevi Landau of Prague, Baruch Hashem today it is no longer so much 1713-1793) laments that if only all the Torah Sages of of a challenge to keep Halak Beth Yosef. Unlike his generation would practice eating only Halak Beth previous decades, Halak Beth Yosef beef is now easily Yosef meat, according to the rulings of the Shulhan attainable in most major Jewish communities in the Aruch. He explains further that many Bodkim make United Kingdom, from highly reliable butchers and at בע״ה errors when performing the lenient practice of rubbing no extra cost. The information in this essay will away the Sirhot by hand.33 help many gain the confidence and volition necessary The Hochmat Adam Rabbi( Avraham Dansig of Poland, to ensure that the beef they consume is Halak Beth 1748-1820) encouraged the Gedolim of his generation to Yosef and is therefore sourced from healthy cattle, rebuke the Ashkenazim who settle in Eretz Yisrael free of lung diseases, which do not fall under the to ensure they take on the customs of the Sephardim category of a Terefa.35 in these Halachot and only eat Halak meat.34 It is interesting to observe that in the wake of Bearing the above opinions in mind, from so a huge wave of popularity in becoming vegetarian many Torah Giants of the world, it would be fair and vegan, which we are witnessing today (especially to expect some level of care and responsibility from amongst secular Jews), one cannot help but see the Bathei Dinim and Kashrut authorities today. If they justifiable irony in it all. As well as inadvertently are overseeing non-Halak beef being sold, surely, saving themselves from eating foods that are not they should publicise on packaging and in stores that Kasher, perhaps we are also witnessing a Divine those beef products are not fit for consumption by calling, echoing the holy words of Rebbi Yehuda Sephardim? It is a wonder, in any event, why certain HaNasi from tractate Pesahim, who essentially said prestigious Kashrut authorities today are not as that the consumption of meat is only for the elite… particular as they should be about the inyan of Halak only for the Jew dedicated to HaShem’s Torah Beth Yosef meat. u’Mitsvoth. j j j

שער האותיות, דף נ ע”ד .32 תשובה מאהבה לתלמידי ר׳ אלעזר פלקלס, חלק ג, סימן שכ .33 שערי צדק, פרק יא סימן כו .34 ויש לציין דאף דנהגו לסמוך על מש”כ מרן בס׳ לט סעיפים יא,יג וקורין לזה חלק ב”י על אף שמרן הקיל רק בבהמת ישראל הטעם הוא שמלבד דעתו של החיד”א .35 במחב”ר אות כז להקל אף בבהמת גוי וע”ע בכה”ח שם אות רכט. שאלתי את פי מו”ר הראשל”צ הג”ר מרדכי אליהו זצ”ל ואמר לי שהיות שצריך לספק בשר .”להרבה מקרי שעת הדחק ואפשר לכתחיה לסמוך אף בבהמת גוי ושפיר מצי לקרוא לזה “חלק ב”י

12 | Torah Platform ­– Issue One Prejudices and Preconceptions Aaron Ambalu, Monsey

The Prohibition of Ex Parte communications in Rashi derives the following two Halachot from this Halacha and in secular courts – why, with rare Pasuk: exceptions, the Halacha was fixed in accordance 1. Warning against accepting Lashon HaRa, and with the opinion of Beit Hillel. 2. Warning to a judge that he not listen to the testimony of one claimant until the other claimant n writing this article, I have opted to sacrifice also appears before the court. originality in favor of accuracy. What I have Talmud Bavli in Masechet Sanhedrin 7 (b) quotes I written, therefore, consists primarily of borrowed Rabbi Kahana stating that this Pasuk warns the judges material from the sources I have quoted here. It is my against hearing one claimant before the other claimant sincere hope that with H’s help I have quoted them is present, and it additionally warns a claimant not correctly. To the extent that anything in this article to present his claim to the judge before the other does not correctly or, for that matter, clearly express claimant arrives in court. Torah thoughts, the fault lies entirely in me and not Rashi on the Gemara explains the dynamics of the in the authors I have attempted to quote. The title psychology at work under the circumstances: In such here is borrowed from Rav Chaim Shmulevitz’ essay Ex Parte proceedings, the claimant that is present may on the same topic in his Sefer Reb Chaim’s Discourse arrange and present a false testimony and present it (Artscroll) as “truth” because there is no one to refute him. And I would be remiss if I did not follow the advice of since the judge’s mind will lean towards this claimant Chazal in prefacing my article with a touch of humor, (who has the judge’s “undivided” attention), he will in order to compensate for my somewhat bland writing. no longer be able to change his mind in favor of the The humor then is from that charming 19th Century second claimant. Jewish Prime Minister of the UK, Benjamin Disraeli. This vulnerability, while more intense in the case In 1835 Daniel O’Connell, the Irish Roman of the judge, is equally applicable to any person on the Catholic leader, attacked Disraeli in the House of receiving end of a gossip, hence Rashi’s warning on Commons. In the course of his unrestrained diatribe, Lashon HaRa – more on the Lashon HaRa aspect later. he referred to Disraeli’s Jewish ancestry. Disraeli The Rambam in Mishna Torah Sefer( Shoftim, replied, ‘Yes, I am a Jew, and while the ancestors of Hilchot Sanhedrin 21:7) introduces this Halacha and the right honorable gentleman were brutal savages writes: chasing wild boars in an unknown island, mine were אסור לדיין לשמוע דברי אחד מבעלי דינים קודם שיבוא חברו .’priests in the temple of Solomon או שלא בפני חברו. ואפילו דבר אחד אסור שנאמר שמוע The Torah in Shemot 23:1 exhorts us, “Do not בין אחיכם )דברים א׳ ט״ז(. listen to a false report…” It forbids listening (which וכל השומע מאחד עובר בלא תעשה שנאמר לא תשא שמע implies accepting and believing) an unverified gossip שוא )שמות כג׳ ט׳(. ובכלל לאו זה אזהרה למקבל לשון הרע .about another person

Prejudices and Preconceptions | 13 Constitution’s Fifth Amendment (protecting the ומספר לשון הרע ומעיד עדות שקר וכן בעל דין מוזהר שלא citizens against the U.S. federal government) and ישמיע דבריו לדיין קודם שיבוא בעל דין חברו וגם על זה Fourteenth Amendment (to include all the state וכיוצא בו נאמר מדבר שקר תרחק governments). The right to “due process of law” The Rambam does not mince his words in underscoring has been interpreted to include, among others, “an the grave nature of this prohibition: assurance that all levels of American government It is forbidden for a judge to hear one claimant’s must operate within the law (“legality”) and provide words before the other one arrives… Even hearing fair procedures.” ( Peter Strauss, Cornell Law School). one word from the claimant is forbidden (outside the Historically, the clause (“the promise of legality presence of the other). and fair procedure”) reflects the Magna Carta of Shulhan Aruch codifies this in Choshen Mishpat, Great Britain, King John’s 13th Century promise to Hilchot Dayanim 17:5: his noblemen (turned rebels in response to King John’s oppressive decrees) that he would henceforth act only in accordance with law (“legality”) and that all would אסור לדיין לשמוע דברי בעל דין האחד שלא בפני בעל דין .receive the ordinary processes (“due process”) of law חברו. וכן הבעל דין מוזר על כך [Ironically, the Magna Carta not only did not afford any ( ) develops the psychology protection to the Jews (as they were deemed chattels of סמע T h e M ei rat Enay i m at work here: In Ex Parte proceedings, the single the King), it actually devoted two clauses to enumerating claimant is not embarrassed to make false claims circumstances in which Christians could default, without to the judge (because the other party is not there to impunity, on debts they owed to Jews.] It also echoes refute his lies). Great Britain’s 17th Century struggles for political Now that we have seen a glimpse of the legislative and legal regularity, and the American colonies’ strong history of the Halachic prohibition against Ex Parte insistence during the pre-Revolutionary period on judicial proceedings, we can appreciate a very keen observance of regular legal order. The requirement observation on the part of Rav Chaim Shmulevitz that government function in accordance with law the illustrious Rosh Yeshiva of Yeshivat Mir is, in itself, ample basis for understanding the stress ,זצ״ל Yerushalyim. In his masterpiece work on weekly Sidra given these words. A commitment to legality is at Sichot Mussar, Reb Chaim’s Discourses by ArtScroll the heart of all advanced legal systems and of the (a recommended reading for anyone interested in Due Process Clause, often thought to embody that deep insights on the weekly Parsha), he addresses commitment and more. The Clause also promises that succinctly the issue of judges’ preconceptions. Reb before depriving a citizen of life, liberty or property, Chaim explains in Parshat Naso the reason why, with government must follow fair procedures. Thus, it is rare exception, the Halacha was fixed in accordance not always enough for the government just to act in with the opinion of Beit Hillel. This despite the fact accordance with whatever law there may happen to be. that Shamai was the undisputed equal of Hillel in Citizens may also be entitled to have the government mastery of Torah knowledge. Before visiting Reb observe or offer fair procedures, whether or not Chaim’s amazing insight, let us turn to secular law those procedures have been provided for in the law and how it treats the prohibition against Ex Parte on the basis of which the government is acting. An hearings. action denying the process that is “due” would be unconstitutional. (Ibid) Ex Parte Hearings Violate the Due Process In a vehement denunciation of a lower court’s Protections in Secular Laws decision to exclude from certain hearings the accused corporate directors (suspected of comingling insurance Under American judicial system, the prohibition funds), the Supreme Court of the United States stated against Ex Parte communication is embedded in the the following: Inherent in fairness of process in court Due Process right guaranteed in the United States are the rights to impartial and disinterested judges

14 | Torah Platform ­– Issue One and the right for a party to be present at all stages the similarity in this area of law between Torah law of his trial proceedings. (Decision by The Supreme and secular law is mere coincidence. It is not a secret Court of the United States in Robert B. Lynn v. Third that Jewish law fascinated many of the founders, they Circuit Court of Appeals and Third Circuit District studied it, and were very impressed by our Torah. Court for Western Pennsylvania, and District Judge Their fascination with our Torah was so pronounced Alan N. Bloch, March 4, 2019) that Benjamin Franklin actually proposed a design he The Court quotes Black’s Law Dictionary — “an himself made for the Great Seal of the United States, Ex Parte proceeding is any official judicial hearing showing Moses parting the red sea, with the pillar of in which only one party is heard.” fire and clouds of the glory in the background. The most fundamental starting point of Due Process is fair notice. From the inception of Western And now back to Reb Chaim Shmulevitz’ insights culture, fair notice has been recognized as an essential on Ex Parte communication: element of the rule of law. (Ibid) Common sense tells us that secret decisions based After bringing the above Rashi on our Pasuk in on only one side of the story will prove inaccurate Shemot, and Rambam’s related Halacha governing more often than those made after hearing both sides. a judge, Reb Chaim quotes that wisest of all men [Readers will please note the similarity of analysis between Shlomo HaMelech in Mishlei 18:17 Rashi quoted above on Gemara Sanhedrin and Lehavdil the U.S. Supreme Court]. The fact that the judge in this “ T h e o n e wh o appears and pleads first, seems to case would schedule exclusionary Ex Parte hearings be [in the judge’s eye] in the right; then his neighbor is a fundamental miscarriage of Due Process by the arrives and [the judge] sifts and investigates the second judge. (Ibid) person’s words (because they contradict the words of the In concluding its decision, the Supreme Court first whom he already believes – Ralbag on Mishlei).” held that the lower trial court violated the fair notice Reb Chaim wonders in amazement: aspect of the due process (by holding Ex Parte hearings without affording the defendant the opportunity to T h i s l aw i s obviously referring to a competent and be present) and the Court of Appeals erred in not worthy judge who understands the process of litigation, finding that the defendant’s Due Process rights were and knows [full well] he is only hearing one side of violated by the lower court. Accordingly, it remanded the story, and realizes that the other litigant may the case to be retried by an untainted court outside totally contradict what the judge has just heard; and yet, once the judge has heard one side [without a the Western District of Pennsylvania. (Ibid) contemporaneous challenge], he becomes prejudiced A person’s right to due process under the law is a and will not really change his mind! linchpin of the founders of the American Constitution and the American system of government. Having Reb Chaim now drives home the message on the issue been exposed to the injustices in the British and other of Beit Hillel and Beit Shamai. If this tendency to be European common law based judicial prejudiced is true of a competent judge, an objective systems, the founders set out to outsider, certainly it holds true of a person’s attitude perfect it by creating the Bill towards his own opinions and statements. Once a of Rights (later incorporated person has stated his position on an issue, he becomes into the U.S. Constitution) inwardly bound to that stand and remains obstinately which includes the right to intransigent and it is difficult for him to admit otherwise. due process. The right to Due [For more illustrations of this behavior, see Chiel Process in turn includes the and rebuilding of Yericho (Melachim I, 16:34) and prohibition against Ex Parte Chananyah ben Azur’s false prophecy (Yirmiyahu judicial proceedings. Jewish Law 28:16-17), where both held on to their stated, albeit false, influence? It would be naïve indeed to think that positions despite in the face of terrible punishments.]

Prejudices and Preconceptions | 15 This then is the reason why, with rare exceptions, Now a word about the prohibition the Halacha was fixed in accordance with the opinion against accepting Lashon HaRa: of Beit Hillel – their aptitude in seeing another’s viewpoint. Wherein lie the secret to Beit Hillel’s We are all too familiar with this typical refrain, “It’s success in seeing another’s viewpoint? not Lashon HaRa; it is true!” For the answer, we turn to the famous statement The general and correct response to such a comment in Talmud Bavli in Masechet Eruvin 13 (b): should be: “That is precisely when a statement constitutes Lashon What was it that entitled Beit Hillel to have the HaRa! If it was untrue, it would be Rechilut.” Halacha established in accordance with their rulings? Armed with Reb Chaim’s special insight, however, It is because they were humble and forgiving and they we are now privy to an entirely different dimension studied their own rulings and those of Beit Shamai. of Lashon HaRa. In addition, they mentioned Beit Shamai’s words It is not a mere coincidence that Rashi on the before their own. Pasuk, quoted at the outset, derives both the warning At first, it seems to be in the merit of Beit Hillel’s fine against Ex Parte hearings and the warning on against character. While that is indeed an admirable quality accepting Lashon HaRa from the very same Pasuk. in a decider of Halacha, it would hardly seem an This is because these two prohibitions are intrinsically acceptable standard for deciding Halacha – arriving related. at the truth of what Hashem demands of us. We know too well that when we hear gossip The answer lies in the summation of this statement about someone who is not present, the speaker often in Eruvin. Beit Hillel’s secret was their refrain from exaggerates and dramatizes his words; he is not stating their own opinion before giving Beit Shamai ashamed to do so, since the other person is not present the opportunity to state their opinion first. to hear his comments and defend himself. As a result, This approach gave Beit Hillel the opportunity to we become “judges” who believe and lean towards objectively appraise all sides of the question before one side before the other side has even had a chance coming to a decision. They were not biased in favor to defend himself. of their own opinions. Such a ruling is therefore Therein lies the evil, and indeed injustice, of objective and true. (Sichot Mussar) listening to and accepting Lashon HaRa.

j j j

16 | Torah Platform ­– Issue One Attaining a Love of Hashem Rabbi David Abecasis, London

he Rambam writes in the Mishneh Torah your heart”. In this manner you will recognize the (Hilchot Yesodei HaTorah chapter 2: 1-2) as Holy One, who spoke and the world came into being. T follows: It is a Mitzvah to love and fear this glorious G‑d, as stated (Devarim 6:5) “And you shall According to Sefer HaMitzvot the method to attain love Hashem, your G‑d, with all your heart, with all the love of Hashem is by studying the Mitzvot in your soul, and with all your resources.” What is the the Torah. Yet in Mishneh Torah the emphasis is in path to attain love and fear of Him? contemplating nature. Rabbi Eliyahu Mizrahi (the When a person contemplates His wondrous Ram) explains in his commentary on the Torah that and great deeds and creations and appreciates His first, one has to learn the Mitzvot and perform them infinite wisdom that surpasses all comparisons, he will and this will make a person inclined to inquire about immediately love, praise and glorify Him, yearning the creator who commanded us to do the Mitzvot. with tremendous desire to know G‑d’s great name, as Because of this a person will contemplate on the David said: “My soul thirsts for Hashem the Living wonders of G‑d’s creation and recognise His great G‑d” (Tehillim 42:3). wisdom and will then love Hashem and will have a When he continues to reflect on these same matters, desire to understand Him. he will immediately recoil in awe and fear, appreciating Rabbi Hananiya Ben Menachem Kasez in his how he is a tiny, lowly and dark creature; standing book Kinat Soferim, which is a commentary on Sefer with his flimsy, limited wisdom before He who is of HaMitzvot, asks what is the reason that the Rambam perfect knowledge, as David stated: “When I see Your did not mention the study of the Mitzvot in Mishneh heavens, the work of Your fingers… I wonder what is Torah and instead he focused on contemplating on man that You should recall him” (Tehillim 8:4-5). nature. He explains that in Hilchot Yesodei HaTorah the Rambam was focusing on the works of G‑d’s I n S e f e r H a M i tz vo t (Positive Mitzvah 3) the creation and therefore omitted the study of Torah, Rambam writes in a different manner as follows: which belong to Hilchot Talmud Torah. The third Mitzvah is that He commanded us to love was very meticulous when writing Mishneh Torah Him, may He be elevated, this is to meditate and to maintain a strict order for every subject in its learn His Mitzvot and His deeds in order that we appropriate place. will comprehend Him and experience the ultimate of The Rambam explains in his Halachic responses pleasure in comprehension of Him. This is the love for the importance of studying the movement of the which we are obligated. This is the text of the Sifri heavenly bodies (Astronomy), and relates “Rabbi etchanan): Since it is stated “And you shall׳Sedra Va) love G‑d, your Lord, with all your heart”. Since one Meir has stated in a Baraita: ‘Contemplate His deeds, does not know how to attain this love of the Holy because in this manner, you will recognize He who One, blessed is He, therefore the Torah continues spoke, and brought the world into being’. The Rambam “Place these words which I command you today upon himself was an expert astronomer, as is evident from

Attaining a Love of Hashem | 17 the detail within his Hilchot Kiddush HaChodesh. greater way that does the sun, the moon and the stars. Love and fear of Hashem are human emotions, The psalm goes on “The Torah of Hashem is perfect” which raises the question; How can one command an that is to say that the Torah is greater evidence of emotion or a state of mind? A person who loves, loves; Hashem’s glory and teaches us that the universe is one who fears, fears. We cannot express feelings on G‑d’s creation. “Restoring the soul; the testimony demand! The Torah answers this question by saying of Hashem is trustworthy, making the simple one that we as Jews should think about the Torah, study wise.” The study of Torah removes all doubts from it and teach it. When one meditates on G‑d’s great one’s mind, even from those who are not great Torah and wondrous deeds and creations, and sees in them Sages. goes on to explain that if a person His incomparable and infinite wisdom, one will was to study astronomy, science, physics etc. without immediately come to love and praise Him, and be learning Torah and observing Mitzvot this will very filled with longing to know Him. likely lead a person to heresy and atheism. When a The Ramban, also known as Nachmanides, wrote person learns Torah and observes the Mitzvot and in his book “Darashat Torat Hashem Temimah” that then learns science this will ensure he will see the it is an absolute necessity to learn Torah and observe glory of G‑d in nature. Mitzvot before learning science. He noted that Reflecting further on psalm (19) it says “The King David in Tehillim (19) commences this psalm Heavens declare the glory of G‑d, and the firmament praising the benefits of observing G‑d’s wonderful tells of His handiwork.” (Psalms 19:2). Rashi comments creation. “The heavens declare the glory of ‑G d, and on this verse in psalms and said that the heavens are the firmament tells of His handiwork”. When one not capable of speech but they can stimulate a person observes the precise movements of the solar system to articulate the praises of G‑d their creator. Similarly and how vast space is one is compelled to praise the Aramaic translation of Yonatan Ben Uziel states Hashem. The psalm continues “Day following day “The one who looks at the heavens declares the glory utters speech, and night following night declares of G‑d”. When one looks up at the sky and observes knowledge”, each day brings to light more and more the solar system, one sees all the planets are rotating of the immense Divine wisdom in creation. The psalm in a very precise way. The sun rises every morning and continues extolling nature till verse 7 then it suddenly sets every evening and never fails. The seasons and changes the subject matter to Torah as follows: “The timings never fail. Their astoundingly precise orbits Torah of Hashem is perfect restoring the soul; the declare the glory of Hashem in the most vivid and testimony of Hashem is trustworthy, making the eloquent manner. One can only marvel and praise simple one wise”. The Radak comments here and G‑d for his wondrous creation, and recognize that the says the reason that King David changed from the creator is controlling everything. Because the light of solar system to the Torah is to teach us that just as the celestial bodies pervades the earth and illuminates the sun and the planets testify to G‑d’s glory and his it, mankind is stirred to declare the glory of G‑d’s wisdom so does the Torah and the Mitzvot, they also work and to praise and bless him for the heavenly testify to G‑d’s glory and wisdom. As it is written in lights. As King David said (Tehillim 8:4) “When I the Torah (Devarim 4:8) “And which is a great nation behold Your heavens, the works of Your fingers, the that has righteous decrees and ordinances, such as moon and the stars that You have established.” When this entire Torah that I place before you this day?” I look up to heaven and see all the celestial bodies Furthermore, just as the solar system benefits the and the awesome vast expanse of space, I have to world and ensures the continuation of nature so too acknowledge that it is the work of Your fingers and the Torah and Mitzvot restores the soul. not an accidental product of evolutionary processes Nachmanides adds further, this psalm commences which happen by themselves as a result of the big bang. with praising the glory of G‑d through the wonders It follows therefore “Hashem, our master, how mighty of nature, then goes on to praise the Torah to teach is Your Name throughout the entire world! You who us that the Torah relates G‑d’s praises in a much places Your Majesty on the heavens.” (Tehillim 8:2).

18 | Torah Platform ­– Issue One When we look at the sky on a clear day we see a light clear blue sky as brought in the Talmud (Berachos 59a). blue colour, this is not because the heavens are blue. Rabbi Yehoshua ben Levi said: If one sees the sky Light is a kind of energy that can travel through space. in its clarity (that is without a speck of cloud) one Light from the sun looks white, but it is really made should say Blessed art You… Who makes the work up of all the colours of the rainbow. The colours in of creation. When is this so? Abaye said: One says white light are red, orange, yellow, green, blue and this blessing only if rain streamed forth the entire violet. You can see these colours when you look at a night, and in the morning the northern wind came rainbow in the sky. The sky is filled with air. Air is a and revealed the heavens. The Gemorah then brings mixture of tiny gas molecules and small bits of solid a dissenting opinion; Rafram Bar Papa said in the stuff, like dust. As sunlight goes through the air, it name of Rav Chisda: from the day the Temple was bumps into the molecules and dust. When light destroyed the sky has not been seen in its clarity, as it hits a gas molecule, it may bounce off in a different says (Yeshaya 50:3): “I clothe the heavens in blackness direction. Some colours of light, like red and orange, and make the sackcloth their garment.” This is the pass straight through the air. But most of the blue accepted opinion today. light bounces off in all directions. The colours of the sunset sky result from the (Light energy travels in waves. Some light travels phenomenon called scattering as explained above. in short choppy waves. Other light travels in long, Molecules and small particles in the atmosphere lazy waves. Blue light waves are shorter than red change the direction of light rays, causing them to light waves.) scatter. Scattering affects the colour of light coming Molecules and small particles in the atmosphere from the sky, but the details are determined by the change the direction of light rays, causing them to wavelength of the light and the size of the particle. scatter. Scattering affects the colour of light coming As the sun begins to set, the light must travel further from the sky, but the details are determined by the through the atmosphere before it gets to you. More wavelength of the light and the size of the particle. of the light is reflected and scattered. As less reaches The short-wavelength blue and violet are scattered by you directly, the sun appears less bright. molecules in the air much more than other colours of The colour of the sun appears to change, first to the spectrum. This is why blue and violet light reaches orange and then to red, as even more of the short our eyes from all directions on a clear day. But because wavelength blues and greens are now scattered. Only we can’t see violet very well, the sky appears blue. Blue the longer wavelengths are left in the direct beam that is scattered more than other colours because it travels reaches your eyes. The sky around the setting sun may at shorter, smaller waves. In this way, the blue light take on many colours. The most spectacular shows gets scattered all around the sky. When you look up, occur when the air contains many small particles of some of this blue light reaches your eyes from all over dust or water, since these particles reflect light in all the sky. Since you see blue light from everywhere directions. Then, as some of the light heads towards you, overhead, the sky looks blue. In space, there is no air. different amounts of the shorter wavelength colours Because there is nothing for the light to bounce off, are scattered out. You see the longer wavelengths, and it just goes straight. None of the light gets scattered, the sky appears red, pink or orange. Spiritually the and the “sky” looks dark and black. red colour represents the Divine attribute of Gevura The Ari-Zal tells us that looking at the blue sky has – severe judgements (see Sefer Pardes Rimonim, of Rabbi spiritual benefits and therefore he said when a person Moshe Cordovero, Ch. Shaar Hagevanim). Gevura is the sits to learn Torah or to pray it is good to be near a dominant Divine attribute at night and the colour of window to see the sky. Rabbi Nachman of Breslov the sky at sunset conveys this message. This could be also writes (Sefer HaMiddot under the category Emunah the meaning of the Talmud (Baba Basra 84a) that says note 14): “When you gaze at the skies when they are in the evening the sky reddens in the west because as clear and bright, you merit faith in the Sages.” In fact, the sun sets in the west it passes through the opening our instituted a special blessing on seeing a of Gehinnom which is in the west.

Attaining a Love of Hashem | 19 Who was the First Therapist? Rabbi Daniel Nissen, Manchester

remember when I was first training as a therapist, Hashem and Hashem only accepted Hevel’s offering one of the questions we were asked that stuck in and not Kayin. Kayin seemed to be quite distraught I my mind was “what did people do before there by this. The Torah comments that this angered Kayin, were therapists?” and we can imagine that he was feeling dejected and This was an interesting question, as therapy as we low. It is in this situation that Hashem visits Kayin know, in a formalised institutional way, started with and the Torah records their conversation: Freud in the 18th century, which is one of the reasons ויאמר ה’ אל קין למה חרה לך ולמה נפלו פניך הלוא אם תיטיב .’he is known as the ‘father of modern psychotherapy שאת, ואם לא תיטיב, לפתח חטאת רבץ, ואליך תשוקתו, Before this, people still had mental health issues so ואתה תמשל בו:what did they do? 1 Well, if people had issues and there was no one formal to go to, it makes sense that people would A n d H a s h em s a i d to Kayin “Why are you annoyed talk to whoever they could. A family member, a and why has your countenance fallen. Is it not true communal or spiritual leader, for example, could all that if you do good you will be forgiven? But if you have been pseudo therapists. Much of this mental do not improve yourself, Sin rest at the door, it is health support would have been under the guise longing for you, yet you will rule over it. of mundane questions asked to the Rav, Rebbe or How does therapy work? communal leader, who would have been supporting in We can make some observations about this conversation this way. So, for example, a person who went to their and the nature of therapy and helping people in general. Rav with a question about the laws of bereavement may be dealing with underlying difficulties around Therapy is about communication, loss, which they may then have explored together. and especially questions. This brings us to the question in the title, who was the first therapist? I want to argue that it was It is interesting that Hashem comes to Kayin and Hashem Himself. Let me explain. The Torah relates doesn’t tell him off or lecture him. He starts by asking that Kayin, who was Adam’s son, brought an offering a question. “Why has your countenance fallen?” to Hashem. Kayin was the one to initiate this idea Hashem uses questions to enquire about Kayin’s and surely must have thought he would have got emotional state; if that does not epitomize therapy kudos for this. At the same time, his brother Hevel then I don’t know what does! Questions make us think. on hearing this idea also decided to bring an offering They make us stop and take notice of our internal to Hashem. The thing was that his offering was better state, both cognitively and emotionally. In doing so than his brother’s. So, they both brought offerings to they have the power to increase our awareness and

בראשית פרק ד ו .1

| Torah Platform ­– Issue One 20 | Torah Platform ­– Issue One without awareness, we are not able to fully control The wife of the Gerrer Rebbe said about her our behaviours2. husband during the Shiva that her husband’s pillow was soaked with the tears that he cried for Klal Therapy is about expressing emotions Yisroel every night. This did not make him weak, on the contrary, it points to his greatness. Sometimes people have an idea that emotions are The fact is that our emotions affect us whether we bad. That somehow emotions are not to be talked are aware of that impact or not. It, therefore, behoves about but relegated to the closet of their mind only us to learn about our emotions to better understand to be thought about when they have no choice other how we can serve Hashem optimally. This is what than to address them. Hashem was pointing out to Kayin and what a lot of This idea is not one shared by the Torah. There are therapy involves – take stock, and try to understand commandments to love Hashem3 to love converts,4 your emotions. to “love thy neighbour as thyself ”.5 If emotions were not important, the Torah would Therapy is especially about relationships not be so concerned with a person who embarrassed his friend, as such a person forfeits their portion in When two people meet, there is a connection, a sort of the world to come.6 communication between them. I am not talking about The Midrash7 speaks about when Avrohom was what they actually say, I am talking about something at the Akedah with Yitzchok about to sacrifice his that goes beyond this level to what could be argued only son at the commandment of Hashem. as a spiritual or subconscious level. Says the Midrash that “Avrohom heard ‎the words Ever meet someone that you just clicked with? of Yitzchok, he lifted his voice and wept so that his Someone that you just can’t stand? This is because tears flowed down upon Isaac,his ‎ son, and Yitzchok, there is more to human interactions than what meets too, wept bitterly”. Even though Avrohom was ready the eye. We communicate with people in various ways. and willing to serve Hashem with every fibre of his Some of that communication is verbal, some are non- being, he still cried in the emotional turmoil of the verbal, and some is even unconscious.8 situation to be offering up his son. This is true of general communication and especially Having emotions does not make one weak. Hashem true in therapy as a lot of content in psychotherapy did not give the Torah to robots or angels. He gave it is non-verbal.9 to mortal men with all our emotional vulnerability and Decades of research indicates that the provision complications because this is what makes us so special. of therapy is an interpersonal process in which a main The fact that we engage with our emotions and that curative component is the nature of this therapeutic we can channel them to the service of Hashem is what relationship.10 makes us so special to Hashem because through these For there to be a good outcome there has to be a emotions we can come close to him or the opposite. connection between the therapist and client.

2. See Path of the Just, Chapter 2, by Rabbi Moshe Chaim Luzzatto 3. Deuteronomy 6:5, 11:1 4. Leviticus 19:34, Deuteronomy 10:19 5. Leviticus 19:18 6. Chapters of the Fathers, 3,15 7. Sefer Hayashar DC: American ,.׳Auld, F., Hyman, M. and Rudzinski, D. (2005) ‘Understanding communications from the unconscious .8 Psychological Association, pp. 137–148. 9. Rubin, S. S., & Niemeier, D. L. (1992). Non-verbal affective communication as a factor in psychotherapy. Psychotherapy: Theory, Research, Practice, Training, 29 (4), 10. See Lambert, M. J., & Barley, D. E. (2001). Research summary on the therapeutic relationship and psychotherapy outcome. Psychotherapy: Theory, Research, Practice, Training, 38 (4), 357–361

Who was the First Therapist | 21 The verse says: Hashem gives Kayin hope for the future and tells him “Yet you will rule over it” meaning you have the potential to rule over your failings and iniquities כמים הפנים לפנים כן לב האדם לאדם 11 because I believe in you. A s wat er r ef le c t s a face back so too is the heart “The Sforno mentions on the above verse, “why of man to his friend. has your countenance fallen”:

כי כשיש לקלקול איזו תקנה אין ראוי להצטער על מה שעבר, As we reflect on the physical, verbal and explicit אבל ראוי להשתדל להשיג תקון לעתיד components of interactions between people, something happens on a latent level as well. When we address people face to face, the heart hears as well. This only W h e n t h e r e a r e difficulties in life it is not as happens in a supportive relationship when we are useful to be pained about the past but to do your best .to correct for the future 12נושא בעול עם trying to help the other and we can bear the suffering of one’s friend) and see the) חבירו good in another no matter how low they might be This is an important message. This does not mean is juxtaposed in that we ignore our past; we are who we are because נושא בעול עם חבירו feeling. This is why judge one favourably) of our past. It means that to develop we have to let) מכריעו לכף זכות the Mishna to because only if we can see the good and potential in go of the past and use it to move forward and grow another, can we bear their pain. in life. Now there are many nuances about therapy This perhaps is what Hashem was trying to offer and this article does not encapsulate or give them Kayin, on the one hand, he enquires about his emotional justice, but perhaps it can give some insights from state to help him bear his pain by recognising and the very first therapist. empathising with him. On the other hand, he tells Rabbi Daniel Nissen BSc Psych, MA, Adv Dip Kayin that “Is it not true that if you do good you will [email protected] be forgiven?” www.danielnissen.co.uk

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משלי פרק כז פסוק יט .11 12. Chapters of the Fathers, 6,6

22 | Torah Platform ­– Issue One Plastic Surgery Rabbi Moshe Bengio Gateshead (formerly Gibraltar)

would like to discuss the topic of plastic surgery for certain sins)”3. The Gemora (Bava Kama 91b) adds Beezrat Hashem, mainly from the perspective that there is a dispute between the Tannaim whether I of Halachah and briefly from the perspective of injuring oneself is also forbidden (under that same Torah ideology. prohibition4, although it is less severe, since it is not There are a few Torah prohibitions, which would explicit, so it does not incur lashes). The source is seem to forbid plastic surgery. Firstly, and this is the that R’ Elazar Hakappar understood from the verse main issue we well delve into, there is a prohibition that says the Nozir (one who vows to refrain from to cause oneself harm and therefore asking a surgeon wine and haircuts for a period of time) sinned, that to do a non-essential surgery would be questionable. this refers to the sin of causing himself suffering by Secondly, there is a certain risk to life in such a abstaining from wine. So too hurting oneself in any procedure, partly because a mistake with the tools manner, including fasting unnecessarily, is forbidden. used could be fatal, and because of the use of full One may have thought only actively injuring oneself anaesthetic. The Torah prohibits endangering one’s is forbidden, not by plastic surgery, which is done by and you shall guard your a surgeon. However, from the Gemora it is clear an“ ,”ונשמרתם מאוד לנפשותכם“ ,life souls very much”1. What statistics are considered a action is not required to transgress this prohibition, danger is a subject of debate though, some authorities as we see from the case of Nozir (it would not be maintain less than 1/1000 is not considered a danger, classified as injuring though, but rather a separate some say only less than 1/10,000 and some are even prohibition5). more stringent. However, there are clear proofs that this prohibition Thirdly, in the case of a man, there is a prohibition has limitations. That same Gemora relates the great to beautify oneself in a manner that women usually Sage R’ Chisda walked through thorn bushes and do, which is extrapolated from the commandment raised his garment, so that he would get cut and not a man shall not wear a his clothes, which would need to be repaired, unlike“ ,”לא ילבש גבר שמלת אשה“ of feminine garment”2. his body which heals itself. Rabbi Meir Halevi, one of the early authorities, in fact proves from there that The Prohibition Against Injuring Oneself the Halocha follows the lenient opinion that injuring oneself is permitted. However, the Shulhan Oruch6 ,clearly says the Halocha is like the stringent opinion לא“ The Torah explicitly forbids hitting another Jew .do not hit more (than necessary as atonement so we must explain why this was permitted“ ,”יוסיף

1. Devarim 4:15 2. Devarim 22:5 3. Devarim 25:3 4. Rambam Hilchos Chovel 5:1 5. Avi Ezri Deos 3:1 6. Choshen Mishpot 420:31

Plastic Surgery | 23 The second proof is the Gemora in Sanhedrin 84b. types of defects. Certain major defects (listed in The Gemora states that a child can do bloodletting Tractate Bechoros by the sages) are considered like for a parent despite the fact that besides the general an illness11 and therefore are permitted like any other prohibition to injure others, there is an additional healing, but minor defects are not, and therefore are prohibition to make a parent bleed (unlike the general forbidden like any other injury. This line of reasoning prohibition which includes any harm), which is deflects the proof from the case in Sanhedrin, as punishable by death. The reason given is the principle bloodletting is a medical procedure, which the Torah ,and he will surely cure him”12“ ,”ורפא ירפא“) love your fellow as yourself ”7, allows“ ”ואהבת לרעך כמוך“ of meaning since people consider this a gain, not damage, Bava Kama 85a). So maybe that is why the general and it’s not forbidden and is actually a positive prohibition to harm does not apply. Only as far as commandment. It would seem that if we permit the extra prohibition for a child, which has to do this severe prohibition all the more, so we should with respecting a parent, one may think the fact it is permit the lesser one, based on the same logic. R’ ‘healing’ would not permit it, but ‘love your fellow’ does, Yosef Karo (the author of Shulhan Oruch) actually as therefore it is not viewed as disrespect. However, if maintains the Halocha does not follow this opinion the prohibition against harming in general does not for a child, however he agrees anyone else may do it, depend on respecting, “love your fellow” would not and one could presume that would be based on the permit it. R’ Chisda’s case though is not healing, so there same principle. must be another exception, that anyways something Now I would like to explain the position of the useful will be damaged, which is also prohibited if do not destroy”, Devarim“ ”לא תשחית“) great halachic authorities on how to understand unnecessary these sources. 20:19) so one should minimize the damage13. Here The most lenient opinions are that of R’ Moshe there is at times no harm, but if one is embarrassed, so Feinstein, R’ Elchanon Wasserman, R’ Yitzchok Weiss in greater pain, maybe he would allow it. However, there and R’ Ovadia Yosef8. They deduce from the Rambam’s is no prohibition to cause oneself embarrassment14, language 9 that only injuring in a destructive manner is so it cannot be proved from R’ Chisda. prohibited, therefore injuring for constructive reasons R’ Yaakov Brysh15 maintains that, based on the (not only to save from greater suffering) is permitted. Gemora in Sanhedrin, one is allowed to do any R’ Moshe Feinstein adds even some may argue on surgery if their appearance causes them suffering, the Rambam, it would be permitted because of the i.e. embarrassment (based on Tosfos Shabbos 50b). Other principle of “love your fellow as yourself ”, which he types of emotional suffering like loneliness or lack applies to the general prohibition of harming too, so of affection too would permit it, if the suffering is since people view such surgery as a gain, it is permitted. greater than the one caused by the operation, he According to this understanding, plastic surgery infers from R’ Chisda’s conduct. Nonetheless, causing would be permitted even if the person in question oneself pain just for a positive gain is not comparable is not suffering, but would gain from the surgery, i.e. to the case in Sanhedrin so would be forbidden. He to ease finding a suitable match or to feel more self- also bases this difference on Tosfos Bava Kama 91b confident and liked by others. that forbids self-injury even with a purpose, which R’Menashe Klein10 differentiates between different he understands includes even a major gain as long 7. Vayikra 19:18 8. Responsa Igros Moshe Choshen Mishpot Volume 2 66, Kovetz Haoros 70, Responsa Minchas Yitzchok Volume 6; 105, Responsa Yabia Omer Volume,8, Choshen Mishpot, 12 9. Hilchos Chovel 5:1 10. Responsa Mishne Halochos Volume 4; 246 and 247 11. Based on Kesubos 74b 12. Shemos 21:19 13. Sdei Chemed Maarechet 1:40:2 14. Bava Kamma 91b 15. Responsa Chelkas Yaakov Volume 3; 11

24 | Torah Platform ­– Issue One as it does not remove pain. Even though forbidding we should be whole and healthy, and not in pain; we despite a big gain seems to contradict the principle would have no right to cause any harm or pain unless of “love your fellow”, he apparently maintains the it is for something, which He considers worthwhile. prohibition is not based on acting with bad character This understanding seems to be supported by the traits, but on wasting, therefore he allows surgery (even Tosefta 9:11 in Bava Kamma, which uses the verse, though he considers any plastic surgery as healing) that prohibits suicide as a source for self-harm too. only if it prevents greater pain. R’ Ovadia Yosef points (The Gemora says death is more severe, so it is not a out though that maybe Tosfos only forbid self-harm good proof, but if it is used as a hint, it could indicate for a small gain but when there is a great gain, they it is of similar nature). By suicide, the prohibition is would also allow it, like here where the pain is not not dependent on intentions, but rather only, certain much, due to anaesthetic and painkillers, whilst the great needs suffice18. One may suggest the reason is gain is long term. that our life belongs to Hashem, and He does not R’ Eliezer Waldenberg16 is the most stringent want us to waste it, but rather that we should get the opinion. He understands we should believe Hashem maximum benefit out of it. made each of us in the ideal way for our needs (based on Taanis 23b). Therefore it is wrong to intervene and go Other Applications against Hashem’s will (he adds making oneself appear young is also considered going against Hashem’s will, Removing teeth to improve aesthetics would be as He clearly decided it is beneficial for us). Since it is forbidden according to R’ Waldenberg, and R’ Menashe wrong, even if one considers plastic surgery ‘healing’, Klein, as it is not a ‘Torah defect’; and R’ Brysh too the permission to heal does not include it, so it would states, if it does not cause embarrassment. However remain a forbidden injury. According to his reasoning, according to R’ Moshe Feinstein, and R’ Ovadia Yosef it seems only reconstructive surgery is permitted but it should be permitted because of the Rambam or the maybe he would also allow a defect by Torah law as principle of “love you fellow”. R’ Menashe Klein. Eating unhealthy foods which will cause health problems and pains in the long run is prohibited, says Analysis of the Differing Opinions R’ Moshe Feinstein, as the pain of illness or even the fear of illness is greater than that of controlling one’s It seems that the debate revolves around what is the desires. According to this reasoning, one could suggest basis of the prohibition. If it is based purely on bad that if one were suffering because of their appearance character traits, which damaging others or oneself they would be obligated to do plastic surgery, which shows and strengthens, if people consider it a gain and is a smaller pain (and being passive is also prohibited, it is done with good intentions, it should be permitted. as we see from fasting). However according to the This view is implied in the Rambam’s wording, as Rambam, one would not be obligated, if he has a mentioned previously. R’ Elchonon Wasserman17 constructive reason like saving money, fear or else. explains so clearly. He adds that this is a principle in Dieting – If one is not painfully hungry, just has many Mitzvos between man and his fellow Jew. For a certain pain from refraining from one’s desires, it is example, one is not allowed to hurt anyone’s feeling certainly permitted, as the ‘pain’ of not fulfilling the by speaking to them harshly, however when one desire of being thin is greater, as we see many people does so in order to stop them committing a certain diet despite the difficulty. However R’ Moshe Feinstein sin, since it is being done to benefit the other person, says if one is painfully hungry, the ‘pain’ of not having there is no prohibition. However, if it has to do with one’s wants which is not intrinsically painful, cannot the fact we belong to Hashem, and His will is that override it so it would be forbidden. This is similar to R’

16. Responsa Tzitz Eliezer Volume 11; 41,8 17. Koivetz Haoros 70 18. Medrash Rabba Bereshis 34:11, Daas Zekenim Bereshis 9,5

Plastic Surgery | 25 Brysh’s reasoning before, R’ Ovadia Yosef would argue (based on Tosfos Shabbos 50b). There are authorities who if the gain is worthwhile as he does not differentiate maintain though that this leniency only applies when between gain and removing pain. However it is not it is a rabbinic prohibition, i.e. a hidden area, and clear why R’ Moshe Feinstein did not allow dieting according to some, ‘unnatural’ blemishes, such as based on the Rambam or “love you fellow”, possibly those caused by injury or the sun. it is because one can lose weight by doing exercise However the accepted Halocha is that this leniency and healthy eating so such diets still show a certain applies even in the Torah prohibition, i.e. even revealed disregard for one’s own suffering. areas20. This concern would apply even if no injury takes Endangering One’s Life place, i.e. creams etc…

Most authorities maintain if one goes to an Summary experienced surgeon, then such an operation is not considered a risk at all, as we see there are very few The consensus of the great authorities is to allow deaths in such circumstances. As far as the anaesthetic plastic surgery in some cases at least. is concerned, R’ Elyashiv and R’ Ovadia Yosef both Reconstructive surgery – Allowed according to everyone, point out that those operations are usually short. as it is not going against Hashem’s design, can be Only long operations which require a higher dosage classified as healing, and usually causes embarrassment of anaesthetic are considered dangerous. This is the if not done. opinion of R’ Menashe Klein too. R’ Yaakov Brysh Torah defect – Allowed according to all, if it permits it for two different reasons. Firstly, one is causes embarrassment. allowed to put himself into danger for medical reasons Small defect – is forbidden according to the opinions (the Ramban in Toras Haadam Shaar Hasakana says of R’ Waldenberg and R’ Menashe Klein. Allowed this explicitly, however as mentioned before it is not according to R’ Brysh if it causes embarrassment, clear that every defect is considered an ‘illness’, but and according to R’ Moshe Feinstein, and R’ Ovadia R’ Brysh maintains any improvement is considered Yosef even for gain. ‘healing’). Secondly, since it is common practice, there Even though the most lenient opinion is not a large Hashem protects majority, since it has strong basis on the Rambam who“ ,”’שומר פתאים ה“ is a principle of the fools”, i.e. one can rely on Hashem’s protection. is the most accepted early authority for the Sephardim, R’ Waldenberg and R’ Weiss though do forbid this it seems they certainly have reason to be lenient. because of the small risk to life. Even for Ashkenazim though, no one explicitly argues on the Rambam, and the Smag (an early Cosmetic Treatments for Men Ashkenazi authority), uses the same wording as him. Even though Tosfos in Bava Kamma 91b do seem We mentioned the concern of the prohibition on men to argue, nonetheless from R’ Chisda we see that when beautifying themselves in a way that females do. Many it is clearly worthwhile it is permitted. authorities say if it is common practice for men, even So there is still reason to allow it at least when one if only non-Jews, where one lives, the prohibition does is embarrassed, or to aid in getting married and having not apply, as it is not considered a female practice. children which are great merits, even for ladies who If it were not common by men, it would be a Torah have no obligation to have children, however R’ Brysh prohibition if the surgery is in a revealed area, such as maintains only saving from greater pain is permitted. the face, and a rabbinic prohibition if it is in a hidden But R’ Ovadia Yosef allows even for gain only. area19. However, R’ Menashe Klein says it should still This leads on to the last point, the value of beauty be permitted if one is embarrassed of his appearance in the Torah’s perspective.

19. Based on Beis Yosef, Yore Deah 182 20. Ritvo Shabbos 50b; Bach, Taz, Shach Yore Deah 182, Magen Avrohom Orach Chaim 301, 34, as explained by Machatzis Hashekel

26 | Torah Platform ­– Issue One The Value of Beauty An Anecdote to Ponder

In many places, the Torah and sages praise beauty. The Gemora relates Taanis( 23b) that R’ Manny told However, it is explicit in the words of King Solomon R’ Yitzchok ben Elyashiv he was unhappy about his .wife because she was not attractive to him שקר החן והבל“ ,that beauty on its own has no value grace is false, and beauty is empty”21. It is even R’ Yitzchok prayed that she should become“ ,”היופי a golden beautiful, and she did. But then R’ Manny complained“ ,”נזם זהב באף חזיר אשה יפה וסרת טעם“ negative ring on a pig’s nose, is like a beautiful lady who lacks that she became proud because of it, so R’ Yitzchok understanding”22, simply understood because it can prayed that she should become less beautiful once be misused and lead to arrogance (as in Taanis 23b), and again, and she did. lead others to sin. So we have to understand, when On the one hand we see from here, that even a is it valuable? The great Sage known as the Gaon of great Sage found it important that he should like his Vilna explains that in fact the very verse that denigrates wife’s appearance, maybe in order to be happier, and beauty, values it by a G‑d-fearing woman who uses therefore also more productive, as that is Hashem’s will. it for heaven’s sake (based on the end of the first verse), On the other hand we see beauty can lead one to so it all depends on our intentions. bad character traits, so even if surgery is permitted It is clear from the Gemora in Yevamos 63 that on should think carefully whether he/she will truly a wife’s beauty can save her husband from having gain from it. any interest in even looking at others, it effectively May we merit utilizing beauty to become better saves from sin. It also gives an extra motivation to people and see the beauty of Jerusalem and the Third the husband to be kind and respectful so that he can Temple soon. enjoy her company. The Gemora also says beauty (This article is not meant to serve as a helps those who see it to be happier, and therefore Halachic ruling – one should always consult a more productive. Seeing natural beauty can also bring Halachic authority before undertaking medical us to praise Hashem for creating it for our benefit. treatment.)

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21. Mishle, Chapter 31,30 22. Mishle, Chapter 11, 22

Plastic Surgery | 27 Answering Amen Remotely Rabbi Ya’akov Yisrael Sebbag Gateshead

ust a few months ago, our family was struck “ T h e Ra bb i s tau g h t: It is forbidden to answer a J by sudden bereavement, with the passing snatched Amen, an apocopated Amen or an orphaned of our dear father and mentor, Rav Eliezer Amen…” Sebbag, Zichrono Liveracha. May the Torah learning engendered by this article [which importantly is its Rashi and Tosafot explain that the intention behind sole purpose for a definitive Halachic ruling, please an “orphaned” Amen is in reference to someone who consult your Rav] be in his merit. says Amen even though he has not actually heard the During the Shiva, the seven days of mourning Beracha to which his Amen applies. following the death of a relative, a question arose. Then, they both pose an apparent contradiction My father had passed away in Eretz Yisrael and to this from the Chachamim’s description1, of the דיופלוסטון של“ while through G-d’s grace and with great Siyatta gargantuan edifice that housed the which was an enormous structure ,”אלכסנדריא של מצרים Dishmaya we were able to visit him shortly before his passing, none of his sons who all live in Europe that was built for the Jews who were in exile in Egypt were able to navigate the Covid-related red tape in after the destruction of the first Temple. time to be present at the Levaya, and again due to These exiled Jews after suffering terrible persecution, Covid restrictions, my mother and sister were forced had a meteoric rise to prosperity and succeeded in to sit Shiva alone in Eretz Yisrael, while the sons sat building a Bet Knesset of unrivalled grandeur and Shiva at home in the UK. opulence which had a capacity of, according to one It goes without saying that a Zoom connection opinion, more than a million people. was established between all of us and when the time "מי שלא ראה דיופלוסטון של אלכסנדריא של מצרים ,came for prayers to be said and Kaddish to be recited לא ראה בכבודן של ישראל" my mother was eager to participate and to answer the blessings and the Kaddish being said in order to elevate the Neshama of our father. One who has not seen the “Diopeloston” of Alexandria Can one answer Amen to Chazzarat HaShatz in Egypt, has never seen the glory of Israel… [the Chazzan’s recital of the Shemone Esrei prayer] and Kaddish that one hears over Zoom? Now, of course, this posed a significant logistical In the first tractate of Talmud Bavli, Masechet problem for the assembled. How would the enormous Berachot, page 47a, we are taught: crowd be able to hear the Chazzan? How would they be able to answer Amen? .A simple solution was devised תנו רבנן, אין עונין לא אמן חטופה, .The Gemara continues ולא אמן קטופה, ולא אמן יתומה

1. Masechet Sukka 51b

28 | Torah Platform ­– Issue One that is when one may not say Amen without hearing ובימה של עץ באמצעיתה, וחזן הכנסת עומד עליה, והסודרין the blessing. However, when saying Amen to a Beracha בידו, כיון שהגיע לענות אמן הלה מניף בסודר וכל העם עונים that we are not individually obligated to make, one אמן does not need to hear the Beracha at all and can say “ T h ere wo u ld b e a wooden platform in the centre, Amen all the same. and the sexton of the congregation would stand on it, Shulhan Aruch7 follows the opinion of the Sefer with the flag in his hand, and when the time came HeAruch, and therefore, according to the opinion of to answer Amen, he would raise his flag and all the Maran, any Beracha that one is not obligated to make congregation would answer Amen….” oneself can be replied to, even in the event that one How were they able to answer Amen if they had not did not actually hear it and was just informed of it’s actually heard the Beracha? having been made. Rashi2 and Tosafot3 both resolve this difficulty However, to a Beracha that one needs to actually be by explaining that there is no actual requirement “Yotze” that one has a personal obligation to actually to physically hear the Beracha – rather what is of make – one cannot say the Amen response unless the paramount importance is that the “oneh” – the person entire Beracha has been heard8. saying the Amen [which depending on the context Rema9 on the other hand feels that we should can be both an expression affirming the veracity of follow Rashi and Tosafot, who require the Amen what has been said and where applicable, a prayer for responder to be aware of which blessing it is that he its speedy materialisation] is aware of which Beracha is responding to. This is in addition to the stringency he is responding to. of the Sefer HeAruch. As such so long as the congregation do not lose Therefore, according to Rema, one can only say count of how many Berachot have been said, they Amen in response to a Beracha that: will with some very simple arithmetic be able to • he is not personally obligated to recite, and calculate which blessing the Chazzan who is leading • the nature of which he is fully aware. the Tefilla is saying and thus when the flag is waved, For the purposes of this essay, I will be following know exactly to which blessing their Amen refers. the lead of Rav Shlomo Zalman Auerbach10 [as does The Sefer HeAruch4 suggests a different resolution Rav Ovadia Yosef in Yabia Omer 1:19:18] in assuming to this question. In his opinion, one shared by Rabenu that the sounds travelling into a microphone and out of Yonah5 and Rambam6 the difference lies in what one a speaker somewhere else having been converted into is attempting to achieve with the Amen response. electrical impulses in the interim are not considered as If one’s intention is through saying Amen, to the actual voice of the speaker for Halachic purposes, utilise the mechanism of Arvut and through this to rather, they are comparable to a far more sophisticated discharge one’s obligation to say the Beracha oneself, if Halachically indistinguishable, version of the flag- [for example, what we all do on – one member waver in the enormous Bet Kensset of Alexandria. of the family makes Kiddush, all those present say But it would still seem that we could comfortably Amen and with that we have all fulfilled our individual permit the answering of Amen to Chazzarat Hashatz obligations of sanctifying Shabbat over a cup of wine] and Kaddish over Zoom, since at first glance, both

2. Berachot, ibid. 3. Sukka, 52a 4. Rabbeinu Natan ben Yehiel, Rome, 1035 – 1106, quoted by Tosafot in Sukka 52a 5. , Gerona, 1180-1263 6. See Bet Yosef Orach Chaim Siman 124 page 461 7. Orach Chaim 124-8 for an explanation of the nature of this prohibition – why it is that (׳, See Beiur Halacha Siman 124 (by the ‘Chafetz Chaim1838-1933 .8 we cannot allow him to say Amen even without fulfilling his obligation. 9. Ibid. 10. Jerusalem, 1910-1995

Answering Amen Remotely | 29 conditions laid down by the Shulhan Aruch and to posit in a few cryptic words, the level of connection Rema have been met11. required, • The Kaddish and Chazzarat HaShatz are both שכיון שכולם נתכוונו לשמוע הברכה ולא באו לשמוע במקרה, Tefillot that require a response, but do not obligate the כוונתן אחר המברך ואינו נקרא אמן יתומה congregation to actually say them, since they will have already recited the quiet Shemone Esrei themselves. • Of course, over Zoom the listener will be well “S i n c e t h e y a ll had the intention to hear the aware of which Beracha is being said by the Chazzan. blessing and did not hear the blessing as a matter However, Rav Shlomo Zalman Auerbach12 is not if happenstance, their intention [focus] follows the comfortable with this leniency. In his opinion, the person making the blessing and it is not considered entire dispensation that is apparent from the story an ‘orphaned’ Amen….” in Alexandria applies only when the person wishing It would appear then that coming to hear the blessing, to say Amen is present – either in the same room or while not being able to hear it, constitutes sufficient in his words, “even close by”. In the event that the connection to the blessing to allow the responder to person is very distant, however, he may not say Amen. say Amen because crucially, his intention is focused The logic behind this differentiation seems simple on the Chazzan, despite not being able to hear him. [my own understanding]. It appears obvious, [while I On this basis it is eminently conceivable that don’t have a clear proof for this, it’s an assumption that seeing [and indeed hearing over the phone] the actual I am comfortable to make] that, if I were to receive Beracha being said whilst Halachically not valid as a very precise text message telling me exactly when a mechanism of actually hearing the Beracha, surely a Beracha is about to be completed in Antarctica, I qualifies as a mechanism of focussing the mind of would still not be able to say Amen. Technically, the the responder on the Chazzan, and as such permit conditions of the Shulhan Aruch and Rema have the answering of Amen. been met. But still what connection do I have to There are however, two further considerations. the Beracha? All I have is a very abstract piece of Mishna Berura14 and Kaf HaChaim15, quote some information, that someone, somewhere, is making early Rabbis16 who opine that the Chazzarat Hashatz HaEtz on an apple. prayer has the status of a Beracha in which one is We must look then, for a clear definition of when personally obligated [while the original institution the listener can be considered ‘relevant’ to the Beracha. of Chazarrat HaShatz was for the benefit of those For Rav Shlomo Zalman, this entails being in close who were not able to pray themselves, Chazal have proximity to the person making the blessing. {Even obliged us to recite it even when all members of this is not accurately defined- How close does one the congregation are proficient in the Tefillot] and need to be? Do we need to be able to see the person? therefore, for the Chazzara one has to actually hear Or the Building?} the Beracha in order to respond. While Maran does It seems however, that many Poskim do indeed not agree with these opinions along with many other permit Amen to be said even over Zoom and telephone. early Rabbis17 and the strict Halacha is like Maran That being the case perhaps we can put forward a both Mishna Berura and Kaf Hachayim recommend slightly different definition of the requisite connection where possible, to follow these opinions and take care to the Beracha. to actually hear the Beracha. The Sefer HaPardes quotes the Ritva13 who seems In our case, when hearing the Beracha is not

11. See Kaf HaChaim ibid who recommends following the stringency of Rema in this instance 12. Minchat Shelomo 1:9:1 13. Rabbenu Yom Tov Alesvili, Spain, 1260-1330 14. By Chafetz Chaim, Siman 124:33 15. Ibid:47 16. Such as Bach, by Rav Yoel Sirkis, [Poland, 1561-164], quoted by Magen Avraham, ibid. 17. See Shaar Hatziyun Siman 124:37

30 | Torah Platform ­– Issue One an option, perhaps the Mishna Berura would then Amen that is ‘orphaned’ by virtue of being distanced recommend avoiding to hear the Chazzara altogether from the Beracha to which it should be an immediate and therefore avoid saying an ‘orphaned Amen’. It response19, and this should be easily verifiable by using seems that in our case this would not be an issue. a reliable telephone line with no delay. In the case that the Mishna Berura discusses, In conclusion according to Rav Shlomo Zalman the responder of Amen is present and part of the Auerbach, one may not answer ‘Amen’ under any congregation. As such he is obligated, according to Bach circumstances over Zoom. In the above article we and those who share his opinion, to hear Chazzarat have attempted to explain the reasoning of those who Hashatz, since he is a part of the congregation who rule that one could answer both Amen and Kaddish have a collective obligation to hear Chazzarat HaShatz. over Zoom. However, in the case of a Zoom or telephone The above dispensation for those who agree to it, connection where the person on the other end of is of course only given in extenuating circumstances the connection may be thousands of miles away and where it is not at all possible to properly attend Shul. certainly not a part of the congregation, surely even Listening to the prayers on Zoom will of course Bach would agree that he has no obligation at all to never be even the weakest of substitutes for Tefilla hear Chazzarat Hashatz and the Amen response in Bezibbur- physically attending Shul which for many this case may be answered without actually hearing reasons beyond the scope of this essay, is the optimal the blessing – according to all opinions18. way to pray. The other potential problem here could be the May we all merit to pray together in Yerushalayim possibility of a delay over the Zoom connection which with the speedy advent of our final redemption, Amen would result in a different kind of ‘Amen Yetoma’ – the Ken Yehi Ratzon.

j j j

18. See note of Rabbi Akiva Eiger on Magen Avraham 124:13 19. See Rema [ibid], quoting Abuderham

Answering Amen Remotely | 31 Torah Giants Rabbi Eliyahu Hye, Borehamwood

ability to bridge concepts that would, in our minds, be זצ״ל Chacham Bentzion Abba Shaul 29 Tammuz 5684 – 19 Tammuz 5758 completely alien from each other were it not for him. Chacham Bentzion, almost magically, bridges the worlds of Iyun and P’sak Halachah, the worlds of Halacha and , and the worlds of the great Sephardi Acharonim and Maran Hashulchan Aruch. This wondrous scholar thus leaves us with a world far richer and far more colourful. Chacham Bentzion’s primary teacher was Harav Ezra Attiya – Rosh Yeshiva of Porat Yosef. Harav Ezra was known for his incredible Hatmadah (diligence) and his phenomenal Iyun (his specific methodology on approaching Talmudic/Halachic discourse). Harav Ezra was paramount in the teaching of many of our hacham Bentzion Abba Shaul was one recent Chachamim, including: Chacham Ovadiah of the leading Sephardi Rabbis, Torah Yosef, Harav Mordechai Eliyahu and Chacham C Scholars and Halachic arbiters of his day. Shalom Cohen. For the last fifteen years of his life, he was also the Of all Harav Ezra’s Talmidim, however, Chacham Rosh Yeshiva of Porat Yosef, successfully educating Bentzion was undoubtedly his sole successor. Often, and developing many of the next generation’s Talmidei Chacham Ovadiah would remark on how his good Chachamim. friend, Chacham Bentzion, had truly acquired Harav To express the magnitude of the imprint that Ezra’s Iyun. It is no wonder that of the many great this legendary Torah giant left on our world it would disciples of Harav Ezra, it was Chacham Bentzion who be apt to say: any genuine analysis on the Sephardi succeeded him in being Rosh Yeshiva of Porat Yosef. Olam Hatorah would be amiss without devoting Chacham Bentzion’s legendary Iyun is evident much focus to a discussion on Chacham Bentzion. in many of his P’sakim (primarily found in his Sefer The variety of his expertise in all Torah topics, coupled Teshuvot Ohr L’tziyon). It is also extremely popular with his tremendous personality, gave the Sephardi among many of the Sephardi B’nei Yeshivot in Eretz world much to be grateful for, and fascinatingly a lot Yisrael. It is not uncommon to hear many claiming to think about. to have acquired his path in Iyun and many more From the perspective of describing Chacham hoping to do so. Bentzion’s role in forming Sephardi Jewry’s framework His expertise in this field generated a great deal of today, one particular idea is rather outstanding: his admiration, even from among the Ashkenazi Yeshivot.

| Torah Platform ­– Issue One 32 | Torah Platform ­– Issue One To illustrate his proficiency in this area I would like Clearly, he argued, their way of learning changed over to share an account of a great Ashkenazi Possek who time. Moreover, the fact that they were forced to move visited Yeshivat Porat Yosef. from country to country so often, understandably, Rav Leizer Silver whilst visiting the Holy Land posed fundamental difficulties for them to successfully was invited to deliver a Torah lecture in Porat Yosef. transmit their Mahalach. At best, he concluded, their During his lecture, he shared a novel Kushya that path is a Safek whereas ours is a Vaday, v’”ein safek he had on a particular topic. It was apparent that motzi midei vaday”3. he considered the conundrum particularly difficult It is crucial to note that Chacham Bentzion was to solve. Yet, almost immediately after hearing the very knowledgeable in Ashkenazi approaches to Kushya, Chacham Bentzion shared a fantastic answer. Torah learning, and his views on these matters were Rav Silver was clearly shaken! not those of an uninformed individual. In fact, he Later when discussing the matter, Rav Silver had successfully conceptualised the chief differences shared: I asked this very Kushya to many of Geonei between different Lithuanian paths of study, and Lita (Torah-geniuses of Lithuania), only Rav Meir once remarked “the closest to our Mahalach in the Simcha of Dvinsk (author of Sefer Ohr Sameach), Ashkenazi world is that of R’ Nachum” (referring after much thought, gave me an answer. Your young to Rabbi Nochum Patrzovitz, Rosh Yeshiva of Mir, Chacham Bentzion eloquently delivered the same Yerushalayim) 4. answer in no time.1 The exception to the above is the Chazon Ish, who, Similarly, the Gadol Hador Harav Avrohom as discussed below, was held in incredible regard by Y’shayah Karelitz (Ba’al Hachazon Ish) was very Chacham Bentzion (and Harav Ezra Attiya). Chacham impressed upon seeing some of Chacham Bentzion’s Bentzion even professing that had he not been Rosh Chidushim, written when he was only a young Yeshiva Yeshiva, entrusted with educating the next generation student.2 of Talmidei Chachamim, he would have dedicated Chacham Bentzion attributed his Iyun to his his time to writing a Sefer showing how the Chazon beloved teacher Harav Ezra, who in turn received his Ish’s ideas are sourced in the Sugya3. “Mahalach Halimud” (study method) from Chachmai It is noteworthy to mention that the Chazon Chaleb. His admiration for his teacher’s scholarly Ish himself detached himself from the Ashkenazi depth is articulated beautifully in the introduction Yeshivish Mahalach Halimud and once instructed to Or L’tziyon (Vol. 1). Rav Berel Povarski, a Yeshivah student at Ponovezh To remember this, it is somewhat vital in an at the time, to adhere from learning in the Yeshivah- authentic analysis of the Ohr L’tziyon, for it dispels style he was being taught5. a somewhat growing sentiment that “Chacham The above mentioned opposition of Chacham Bentzion’s Iyun” is another name for “Litvishe Lomdus” Bentzion (to the Ashkenazi Yeshivot’s path of learning) (term used in the Ashkenazi Olam Hay’shivot to refer was not novel amongst the Sephardi Chachamim. to the Lithuanian analytic approach to Talmudic study). An occurrence relating to this matter illustrates This is, to any academic mind that has studied the that the great teacher Harav Ezra Attiya shared this topic, a clear deception. Granted, there are similarities, opinion: Rav Ezra once entered the Beit Hamidrash but the differences are also stark. The truth is that and heard the students animatedly discussing a point Chacham Bentzion adopted Rav Ezra’s approach on the Sugya (Gemaric topic). He asked, “My dear unchanged. students what is the point that you are discussing?” In fact, Chacham Bentzion once expressed his They informed Rav Ezra of a fascinating Chakira dismay of how many Sephardi Yeshiva students only that they had heard in the name of an Ashkenazi showed interest in the Ashkenazi Mahalach Halimud Rosh Yeshiva. without attempting to receive the Sephardi approach. Rav Ezra, without saying a word, made it clear that During a Shiur he once pointed out the discrepancies he did not think highly of the crux of the approach between different generations of Ashkenazi works. to such Chaikirot, and went on his way3.

Torah Giants | 33 Expert in many Fields recovering from an illness and wished to write some of his Torah thoughts and Pesakim as an expression of The quality of having the most respected Rosh Yeshiva gratitude to Hashem for his recovery. His immediate in the Sephardi world, as one of its greatest Halachic family knew it, but it was not public knowledge, that Poskim is a rarity that Chacham Bentzion succeeded he found it very difficult to write in a manner that in achieving. The beauty was that his role as Rosh would satisfy him. His incredible mind would think Yeshiva did not pose any form of hindrance to his role as very fast building point upon point..., resulting in Possek. We do not see a “different” Chacham Bentzion him finding it profoundly difficult to contain multi- when reading Or L’tziyon on Masechet Yevamot (a faceted ideas in mere words10. Thankfully, though, non-halachic work) than we do when learning his he eventually wrote some of his beautiful Torah and Halachic responsa. In Chacham Bentzion’s world, published the first Volume of Ohr L’tziyon – an in- the same methodology that produces an answer to depth Halachic work. An excited Seudat Hodayah was an intricate difficulty in Tosafot is applied in making held for his recovery during which he presented the clear Halachic decisions. The initiated will appreciate Sefer. The Seudah was attended by many of Chachmei that this is a matter that the current Olam Hayeshivot Yerushalayim, including Chacham Yehudah Tzadka struggles with. Hence, it may be said that Chacham (also Rosh Yeshiva of Porat Yoesf), Hagaon Rabbi Bentzion connects the world of Talmudic Iyun to the Yosef Adas, Harav Mordeachai Eliyahu and Chacham world of P’sak Halachah. No small achievement in Ovadiah Yosef. Both, Chacham Ovadiah and Harav today’s day and age. Mordeachai spoke at the event; Chacham Ovadiah But Chacham Bentzion’s expertise covered a mentioning that only a small portion of Chacham further dimension yet. In another Sefer “Chochmah Bentzion’s Torah-greatness can be seen from the Sefer7. Umussar”, Chacham Bentzion is an advisor and guide Approximately six years later, the second volume on how live, learn and relate to Avodat Hashem; at of Ohr L’tziyon was published (since then Vol. 3-5 times giving invaluable advice on Shalom Bayit and inclusive have been published, as well as a work on expressing a worldliness that may have remained Shemittah and numerous Masechtot of Shas). Other unseen in his other works. Hence, we are shown than the introduction, this Sefer was not written Chacham Bentzion ‘the Ba’al Mussar” too. by Chacham Bentzion; it was written based on It was well known to the residents of Yerushalayim lectures that he delivered over decades in the Yeshivah. that Chacham Bentzion’s advice and blessings were a Although many have questioned its Halachic reliability worthwhile investment. When asked why his Berachot due to the fact that it was not actually written by were so often answered, he simply responded, “Because Chacham Bentzion, the fact remains that Chacham I really care”. An interesting story is told over that Bentzion himself writes a foreword in the Sefer and encapsulates the love and respect that Sephardim in presented the Sefer to numerous great Talmidei Yerushalayim had for this Torah giant: Chachamim8. This ought to be enough to dispel any Once it happened that an Eged bus driver spotted notion of it “not being his Pesakim” or to challenge its Chacham Bentzion being wheel chaired on Rachov reliability. The second volume, being more extensive Geulah (Yerushalayim). Not wanting to miss the in nature, became far more used than the first; many opportunity, he parked his bus, and to the shock of of Chacham Bentzion’s Pesakim are known from it his passengers, jumped out and ran over to Chacham as opposed to his own “hand-written” first volume. Bentzion to receive a Berachah. The publication of Ohr L’tziyon would prove to be monumental in the Sephardi world to a degree, His Piskei Halachah which was, in all probability, unseen by its author. Perhaps the most crucial, is the introduction to the Fascinatingly, initially Chahcham Bentzion did not second volume, within which Chacham Bentzion intend on publishing any Sefarim (at least during his formulates his “rules for Halachic decisions”. The lifetime). He writes6 that he had a change of heart when Sephardi Olam Hayeshivot had long needed this

34 | Torah Platform ­– Issue One short essay, for it answers a number of fundamental like the Ben Ish Chai” was therefore tremendously difficulties with various Halachic ideas. At its heart, significant. The truth is though, that this idea is a severe the essay analyses the nature of the acceptance of over simplification. Granted, Chacham Bentzion paid the and the degree to which this more attention to the opinions of accepted Sephardic acceptance is applied; explaining how and why we authorities like Chida, Rabbi Chaim Palag’i and the often act stringently against the Shulch Aruch’s ruling. Ben Ish Chai, than Chacham Ovadiah did; but to It also deals with the crucial matter of how and when insinuate that he refrained from arguing with them in Kabbalah is implemented in Halachic rulings. all instances is an extreme falsification of his viewpoint. Both these matters may have been understood Throughout his Halachic work, it is apparent that and accepted by previous generations intuitively, Chacham Bentzion gives great importance to the they had never however been “formally articulated”. opinion of the Chazon Ish. This is a point of great It was thus of the utmost controversy at the point of significance, as Chacham Bentzion at times, would the publication of the Sefer Ohr L’tziyon. Much of be courageous enough to disagree with Poskim much Ashkenazi Halacha expressed distaste to the extent that earlier than the Chazon Ish. Once, after answering Sephardi Halachah was affected by Kabbalah. Moreover, a Kushya of Rabbi Akiva Eiger, a Talmid noted “but Chacham Ovadiah Yosef had already produced many Rabbi Akiva Eiger left this unanswered”, implying Halachic works within which he adopts an approach that, seeing as such, Chacham Bentzion ought not dare that opposes much of the extent to be Machmir answer the difficulty. Chacham Bentzion responded by against the Shulchan Aruch. Consequently, Chacham pointing out that Rabbi Akiva Eiger, characteristically, Bentzion’s “Rules on how to approach Halacha” was ends his difficulty with the words “V’tzarich Iyun” – instrumental in allowing the continuity of an approach “this matter requires thought”, “I have given it thought to Sephardi Halacha that took into account the ideas and this is what I came up with”, said Chacham of authorities after Maran Hashulchan Aruch. It goes Bentzion. Thus, his attentiveness and focus to the without saying that this essay is controversial. opinion of the Chazon Ish is rather expressive in Subsequently, many of those who clung to Halachic how highly he regards this famous Ashkenazi Possek. traditions somewhat different to those of Chacham Furthermore, much like the style of the Chazon Ovadiah, most noticeably those who follow the Ben Ish, Chacham Bentzion’s method of Pesak gives much Ish Chai, saw Chacham Bentzion as a protector of more importance to the logic of the Possek than their viewpoint. In fact, Chacham Bentzion was Chacham Ovadiah’s. Chacham Ovadiah’s Halachic far more popular as a Possek to the Sephardi Olam discourse and his rulings comprise mainly of Halachic Hayeshivot than Chacham Ovadiah, who was seen to authorities, typically Acharonim, who discuss the be “too lenient” by many of this group. On the other particular Sh’eilah he is writing about; Chacham hand, when it came to the general bulk of the Sephardi Bentzion however, would often solve a conundrum, populace in Eretz Yisrael and beyond, Chacham and rule, based on his logic alone, typically quoting Ovadiah was clearly far more influential. It was on very few sources at all; at times using creative insight this note that Chacham Bentzion once joked “I am to extract the Halachah from Rishonim, such as only the Gadol of Shechunat Habucharim (a small Rambam, even when they do not explicitly discuss neighbourhood in Yerushalayim); Chacham Ovadiah the Halachah that he is ruling on; at times using his is the Gadol Hador everywhere else”14. creativity proving the Halacha from Talmudic sources. Because Chacham Bentzion began to be seen as Another fundamental difference between these the “opposition to Chacham Ovadiah”, with time, two Halachic giants is manifest in the extent to ideas like “Chacham Bentzion is Possek like Ben Ish which to give credence to Minhagim. In a general Chai”, became prevalent. Famously, the followers of sense, (there are always exceptions), it takes more for the Ben Ish Chai severely opposed the notion that Chacham Bentzion to oppose an established Minhag Chacham Ovadiah had the right to argue with the Ben than Chacham Ovadiah. A famous instance of this Ish Chai; the idea that “Chacham Bentzion is Possek is regarding the question of when a woman ought to

Torah Giants | 35 make a Berahcha on lighting Shabbat candles, before in the Sefer12. Likewise, when Chacham Ovadiah the lighting or after. Famously, Chacham Ovadiah would quote Chacham Bentzion and disagree with influenced thousands of Sephardi women to change him he would often say: “although I love Chacham their Minhag and adopt the opinion of the Bentzion, my love for the truth is greater”. Otherwise to bless prior to lighting (some argue that this is not put, their disagreements were intellectual in nature, even the Beit Yosef’s opinion). Chacham Bentzion never expressing themselves as personal attacks. however, supports the idea to make the Berachah During the time that Chacham Bentzion was ill, after the Hadlakah and rules that the Minhag should Rabbi Mordechai Chassidim – a Talmid of Chacham not be changed9. Funnily, this dispute expressed itself Bentzion attended to his teacher’s needs. Over the with another member of Chacham Bentzion’s family course of a number of years, Rabbi Chassidim became and Chacham Ovadiah: Chacham Bentzion’s mother, very close to Chacham Bentzion and developed a Rabanit Benaya, would organise a Halachic Shiur to be sensitivity to understanding the Chacham’s viewpoint given by Chahcam Ovadiah on a weekly basis. Once, on many subjects. Once, there was a group of Talmidei when discussing Hilchot Hadlakat Nerot Chacham, Chachamim hoping to establish a political party Ovadiah told the attendees to say the Berachah prior designed to undermine Chacham Ovadiah, arrived at to the Mitzvah. Rabanit Benaya, who was fluent in Chacham Bentzion’s door hoping to draw Chacham the Pesakim of the Ben Ish Chai (including his more Bentzion into their political agenda. To their dismay, difficult responsa Rav Pealim), cried out from the Ezrat they were refused entry by Rabbi Chassidim. Later, Nashim “the Halachah is that the Berachah should Chacham Bentzion questioned Chassidim regarding be said after the Hadlakah, not before”. Chacham the loud knocks at the door. After learning of who Ovadiah responded with his sources, but Rabanit the people at the door had been, knowing their intent Benaya stood her ground quoting the opinion of the full well, Chacham Bentzion looked at Mordechai Ben Ish Chai10. Later, her son Chacham Bentzion Chassidim and said: “You did well not to allow them would justify this Halachic position. in. They do not realise who is Rav Ovadiah”13. Moreover, as formulated in the abovementioned introduction to Ohr L’tziyon Volume 2, Chacham Knowledge of Kabbalah Bentzion legitimises Minhagim (based on Halachic rulings) against the Shulchan Aruch even if they Although Chacham Bentzion’s knowledge of were established after the Shulchan Aruch. Chacham Kabbalah is not widespread, to those close to him, it Ovadiah disputes this and renders such Minhagim as was apparent that he was a master in this field too. “Minhagei Ta’ut” holding no Halachic value11. He once remarked that a particular Talmid Chacham Despite their fundamental Halachic disagreements, had made one slight mistake in a delicate Kabbalistic Chacham Ovadiah and Chacham Bentzion were close matter, which had led him to numerous strange friends6. Both reminisced their days in Porat Yosef decisions3. Moreover, his aforementioned dedicated when they were study partners where they walked helper, Rabbi M. Chassidim, relates the following: every morning to the Old City during which they “Towards the end of Chacham Bentzion’s life, would discuss over the previous days learning Ba’al when he was unable to read, I would read many Peh (by heart). Often Chacham Bentzion would point Sefarim to him. Often, he would tell me to reread out that Chacham Ovadiah would even remember the Rashi on the Gemara multiple times. Until I had the names of the Amoraim during these revision a true understanding of the Rashi. Magnificently, if exercises. Similarly, Chacham Ovadiah so greatly I would miss a line, he would immediately say, “Go valued Chacham Bentzion’s scholarship to the extent back. You skipped”. This was true also when it came that he would not publish a Sefer without first giving to Kabbalistic works. I would read although I did it Chacham Bentzion (and Harav Elyashiv) to read not understand, and he would correct me whenever and comment on. At times, based on Chacham I skipped anything out. It became clear to me that Bentzion’s comments he would alter certain points he knew Sifrei Kabbalah Ba’al Peh (by heart) too”13.

36 | Torah Platform ­– Issue One Background Chaim Sharhabani, son of the famous Mekubal Chacham Yehoshua Sharhabani (disciple of the Ben Chacham Eliyahu Abba Shaul, Chacham Bentzion’s Ish Chai) 6. father, studied with a number of Sephardi Tzadikim Chacham Bentzion also merited to see dozens of and Mekubalim of the last century. Most noticeably, tremendous Torah personalities in Porat Yosef. Many he learnt from Hagaon Rabbi Yaakov Adas, Chacham of Chachmei Bavel (Iraq) and Aram Tzovah (Syria) Aharon Raful (father of Chacham Yosef Raful, leader would study there, including Chacham Efrayim of Syrian Community in Flatbush), and Chacham Hakohen (who was the father of Chacham Shalom), Tadka Chutzein. Chacham Tzadka Chutzein, an Iraqi giving Chacham Bentzion more than a glimpse of the Cahacham well respected already in the lifetime of the atmosphere and vibrancy of previous generations. At Ben Ish Chai, served as Chacham Eliyahu’s spiritual times, he quotes Kaballistic opinions of the Chachamim mentor; Chacham Eliyahu adopting many of Chacham in the Yeshiva, referring to the Chachamim of the Tzadka’s practices. These Talmidei Chachamim studied generation before his who studied there. Kabbalah together during the last fifteen years of To clarify, these Chachamim were not officially Chacham Tzadka Chutzein’s life6. Chacham Bentzion part of the faculty of the Yeshivah, they merely learnt married Rabanit Hadassa Masudah of the illustrious there. Their presence undoubtedly affected Chacham Sharhabani family. He studied with his father-in-law, Bentzion’s Torah perspective. a tremendous Tzadik and Talmid Chacham, Yosef

Sources

1. He’ir Hamizrach p.400 7. As seen and heard on video of the event. 2. As told to me by Zisi Greineman, great-nephew 8. Including Dayan Avraham David Shlit”a. of the Chazon Ish. 9. Or L’tziyon Vol. 2 Ch.18 Halacha 3. 3. As told to me by Motti Zer, great-nephew of 10. As told to me by Rav Shimon Zer, nephew of Chacham Bentzion. Chacham Bentzion. 4. As told to me by Eliyahu David, Bayit V’gan, 11. Introduction to Teshuvot Ohr L’tziyon Vol. 2 Anaf 3. family close to the Abba Shaul’s. 12. As heard from Harav Yitzchak Yosef in a shiur. 5. As told to me by Moshe Menachem Reisner whose 13. Interview of R’ Chassidim with “Kikar Hashabbat”. grandfather, Rabbi Avrohom Reisner, learnt with 14. As told to me by David Cohen-Shur, Talmid of the Chazon Ish and Rav Berel Povarski at the time. Chacham Bentzion. 6. Introduction to Teshuvot Ohr L’tziyon Vol.1

j j j

Torah Giants | 37 Blue Chicken Eggs Raphael Ambalo, Golders Green

f you have not come across them yet, take a closer § The purpose of this research is simply to provide data look next time you are shopping in Sainsburys or and highlight what assumptions we can make from a Marks & Spencer. Blue (or blue-green) chicken eggs Torah perspective. For an actual Halachic ruling on the I permissibility of blue chicken eggs, the reader is encouraged are becoming increasingly popular. Not necessarily for to seek a competent Halachic authority. their taste, but simply because of their very attractive § I have provided sources for most of the content. If the appearance. These blue eggs are generally not more reader finds any information unsourced, the reason is either expensive than the white or brown eggs we are used because the information is widely known and accepted as to buying. fact, or I am relying on my own knowledge on the subject. Blue chicken eggs also seem to have a lower frequency of blood spots than the typical brown eggs If you travelled to India or to the Far East and bravely on the market. So why not add them to our Kosher went trekking through the tropical jungle, there is a shopping list? good chance you will come across colourful chickens I consulted a couple Halachic authorities to living in the wild. Scientists have given them fancy enquire if they certify the Kashrut of blue chicken names, like ‘Red junglefowl’ and ‘Green junglefowl’ eggs for consumption. The general response I received (Gallus gallus), but they are true chickens1 and are was not an outright ‘no’, but rather that not enough known to be the ancestors of all domestic chickens information has been presented for them to make a (Gallus gallus domesticus) we know of today. It is solid ruling. recorded that there are now more than 500 recognised Being an enthusiast on this subject and having domestic chicken breeds throughout the world.2 The been raised in a family that kept various breeds of white eggs that we find for sale in our UK stores are fowl (and particularly poultry), I thought I would typically from a chicken called the Leghorn, or crosses look into the origin of these eggs and try to find if between the Leghorn and other breeds of chicken. there is any basis to forbid them. Brown eggs are usually from Rhode Island Red hens, The questions we essentially need to tackle b’e’H or crosses between the Rhode Island Red and White can be categorised as follows: Sussex chickens (otherwise known as ISA Browns, 1. What types of chickens do these blue eggs come Warren hens, etc.). Sometimes we may surprisingly from? i.e. Are they from pure bred chickens, or find dark chocolate-brown eggs for sale, and these from some kind of hybrid fowl? are usually from Marans, which are another common 2. If we find these eggs are indeed from pure bred breed of domestic chicken. Many other breeds of chickens, could there be any other Halachic basis chicken are used for egg production as well, but the to forbid them? above are the most typical for commercial egg-laying

1. They look, sound and behave like chickens and, more importantly, they produce completely fertile offspring when crossed with domestic chickens. 2. Pollock C. (2012) “Common chicken breeds”.

| Torah Platform ­– Issue One 38 | Torah Platform ­– Issue One in the UK. Thus, the spectrum of egg-shell colours we Can we safely assume that it is the same situation in are traditionally used to seeing from chickens range 2021? The only eggs you find for sale in our UK shops from white to cream, to different shades of brown and today are from chickens, quail, ducks and sometimes there has never been a significant Halachic debate geese. Occasionally you may also be lucky enough regarding their Kashrut status. to find turkey eggs for sale. All of these are accepted However, when a blue chicken egg enters the scene, Kosher birds, as we know. Bearing these factors in the Torah-observant Jew is expected to take a step mind, we could perhaps learn there should be no back and begin questioning. The reason is because issue with the Kashrut status of blue chicken eggs Maran, Rav Yosef Caro (Tsfat, 1488-1575), makes the according to the Shulhan Aruch? After all, the egg following ruling in our Code of Jewish Law – the boxes of these blue eggs do in fact state they are from Shulhan Aruch:3 chickens and the eggs themselves are the same size and shape as regular chicken eggs. It is highly likely we do not need to investigate further according to אין לוקחין ביצים מן הנכרי אלא אם כן היה מכיר אותם ויש .the data we have quoted להם טביעות עין שהם ביצי עוף פלוני טהור ואין חוששין There is still a slight concern though. Blue eggs are להם שמא הם ביצי טריפה או נבילה. not a colour we are traditionally used to seeing from O n e m ay n o t take eggs from a non-Jew unless he chickens. Furthermore, it may come as a surprise to recognises them and they are clearly discernible to be learn that all cream or brown eggs are initially white eggs of such-and-such Kosher bird, and there must be before they are laid, and just before these eggs are no doubt about them, lest they be eggs from a Terefa laid a pigment is added to the outer surface of the or a Nevela. egg-shell giving it its brown colour. Blue eggshells We initially learn from the Shulhan Aruch that we are different, as they are blue through and through, cannot just rely on the word of a Gentile who assures which suggests a different physiological process of us the eggs he is selling are from a Kosher species of pigmentation. fowl. An investigation needs to be made and a Jewish Accordingly, even though blue chicken eggs should expert needs to be consulted about the origin of the seemingly be permitted, since they are so unique in eggs in question. If the expert confirms that the eggs their appearance and physical composition, there is are indeed from a Kosher bird, then according to the no harm in conducting an investigation about their Shulhan Aruch they are permitted. origin. Let us now attempt to tackle our first question: However, immediately afterwards in the Shulhan Where do these beautiful blue chicken eggs come from? Aruch, Rav Yosef Caro then clarifies that the custom [As an aside, it is important to first note that there now is in fact to buy eggs from any person without are many accepted Kosher species of fowl that lay questioning, because eggs from non-Kosher birds are blue-green eggs. Ring-necked pheasants (Phasianus simply not commonly sold anymore:4 colchicus), for example, lay light blue-green eggs. Grey partridges (Perdix perdix) are another Kosher species .that lay olive-green eggs עכשיו נהגים ליקח ביצים בסתם מכל אדם לפי שאין ביצי The Kaf HaHaim also allowed the consumption עוף טמא מצוי בינינו. of blue-green coloured eggs from a Kosher species of N owa day s i t i s the custom to take eggs without duck.5 These are just a few examples of Kosher birds6 investigation from any person, because eggs from that lay these unusually attractive eggs and there are non-Kosher birds are not common amongst us. several more.]7

יורה דעה, סימן פו, סע’ א .3 שם, סע’ ב .4 שם, סע”ק טוב’ .5 6. Ring-necked pheasants and Grey partridges have a clear Mesorah of being Kosher birds by many Jewish communities. ומה שהביא הכף חיים שם סע”ק כב’ וכג’ על ביצים שצורתם כמו ביצת תרנגולת אלא שהיו בקליפה שלהם מעת ירקות או נוטים קצת לשחרות, מוכרח בדבריו שלא היו .7 .יודעים איזה עופות הטיל את הביצים האלה, אבל בנדון דידן אנו רואים ומקירים את התרנגולים שמטילים ביצים כחולות-ירקות וכאן מבברים בעהי”ת

Blue Chicken Eggs | 39 When I first began looking into this interesting subject, In his simplicity, Castelló thought they were a different I identified many different types of chickens that lay species of fowl and named them Gallina Araucana. blue eggs. Some of them are pure breeds and others are He presented the birds in the First World’s Poultry crosses between different breeds of domestic chicken. Congress in the Hague in 1921 and then at the Second In the end the list was narrowed down to only 3 pure World Poultry Congress in Barcelona in 1924. He breeds of chicken that lay blue eggs. They are namely, was hoping to propose them as a new species of fowl. the Dongxiang and Lushi chickens from China, and However, it was later established that Castelló’s theory the Araucana chicken from Chile. was erroneous and that the newly found “Araucana” is The Dongxiang and Lushi chickens lay light blue actually just another type of chicken, belonging to the eggs and are two of the most valuable indigenous same species of all other domestic chickens.11 In 1969 poultry breeds of China. They are both considered the Araucana was officially named and documented pure breeds of chicken (without question) and there as a pure breed of chicken.12 is no theory or evidence of any form of historic A prominent German ornithologist by the name hybridisation with another fowl in their ancestry.8 of Helmut Sick records another outrageous theory The Donxiang particularly is considered an ancient claiming that the Araucana is a cross between a chicken pure breed of chicken that dates back more than 500 and a South American ground-dwelling bird called years in China. a Tinamou, which lays shiny bright blue eggs.13 The However, the blue eggs that are for sale in the UK Tinamou is not a relative of the chicken and there does do not come from the Dongxiang or Lushi chickens. not seem to be any documented evidence of successful Our blue eggs are from Araucana chickens, or from hybridisation between the two species. Furthermore, crosses between the Araucana and other chicken Tinamou eggshells are blue on the outside and white breeds. Since the gene for blue eggshells is dominant, on the inside, unlike Araucana eggs, which proves they farmers have crossed Araucanas with other breeds of have an entirely different process of egg pigmentation chickens that lay larger eggs and higher volumes of to Araucanas. It is a wonder why a comparison was eggs per year, in order to get larger blue eggs and in ever drawn between these two very different species. higher frequencies of production. An example of such In any case, Helmut Sick dismissed the Araucana- a popular cross is the Crested Cream Legbar, which Tinamou hybridisation theory as completely false in is a blue egg-layer formed by crossing Araucanas his research, confirming again that the Araucana is with Leghorns, etc. in fact a pure breed of domestic chicken. Therefore, our investigation really needs to focus Even though it has been unanimously confirmed on the origin of the Araucana. that the Araucana is a pure breed of chicken, it is One of the last South American Indian tribes interesting to note that there is in fact evidence of to be discovered were the Mapuche Indians of the chickens producing hybrid offspring with other more Arauchania region of Chile, whom the Spanish called closely related species of fowl. Chickens have been Araucanos. In 1879, Dr Ruben Bustos witnessed recorded producing offspring, albeit with difficulty chickens that lay blue eggs in the Mapuche tribes.9 and complications, with guinea fowl, peacocks and There is also a historical record of Salvador Castelló, various pheasants.14 But all the evidence shows that a Spanish aviculturist, visiting the Mapuche people in their hybrid offspring either die young, or are infertile 1914 and observed in their villages a breed of chicken first generation and on rare occasions survive to breed which laid blue eggs.10 and produce completely infertile offspring by second

8. Gao, Y, Tu Y, Tong H, Wang K, Tang X, et al. (2008) Genetic variation of indigenous chicken breeds in China. 9. ibid. 10. Nestor Fabio Valencia Llano (2011). La gallina criolla colombiana 11. Ibid. .Association ׳Breeds In Focus (2013). The Rare Poultry Breeders .12 13. Helmut Sick, (1993). Birds in Brazil: A Natural History. 14. Asmundson, V.S. (1957). “Hybrids of ring-necked pheasants, turkeys and domesticated fowl”

40 | Torah Platform ­– Issue One generation.15 We can safely conclude then that chicken one common ancestor, the question still remains… hybrids do not have any long-term persistency. Since What precisely made the original ancestor chicken the Araucana has been successfully bred by farmers for produce blue eggs in this unusual way? over a century, without any fertility issues, it cannot In 2013 a group of scientists16 analysed the DNA be suggested that this chicken is some kind of hybrid of these three chickens to try and find some sort of fowl. The same logic would apply to the Dongxiang correlation between them. What they discovered was and Lushi chickens that also lay blue eggs, have been fascinating! The Araucana, Dongxiang and Lushi around for centuries in China and are considered chickens all carry a specific virus in their gene ancestry pure breeds. – a retrovirus to be precise. This retrovirus, called Scientists have nevertheless grappled over the EAV-HP, contains Ribonucleic Acid which inserts unique ability of the Araucana, Dongxiang and itself into the invaded organism and rewrites their Lushi chickens to produce these striking blue eggs. DNA profile. They found that the retrovirus changed As mentioned earlier, all other eggs are initially white the DNA of these chickens and encoded them with a and the process of colouration to cream or to brown new gene that makes the hen insert the blue oocyanin begins after the shell is formed in the uterus, borrowing pigment into her eggshells during their formation, the dye protoporphyrin from the haemoglobin. The making them blue. degree of shade of brown is controlled by the genes We now have the answer why the Araucana, of that particular hen. However, the process for blue Dongxiang and Lushi chickens lay blue eggs. They egg-shell formation in chickens occurs much earlier were genetically altered to produce blue eggs hundreds and involves oocyanin (a blue-green liver pigment of years ago by a naturally occurring retrovirus. derived from biliverdin), which starts to mix with Before we all begin running to our stores to buy the calcium carbonate of the shell itself whilst it is blue chicken eggs, there is another smaller hurdle to being formed. The blue colour therefore becomes part tackle in this discussion. It is the topic of Mesorah! of the eggshell and cannot be ‘rubbed off ’ and the The Talmudic Sage, Rav Yitzhak, declares the blue is carried all the way through the shell to the following in tractate Hullin:17 inside. These striking eggs are, therefore, blue from עוף טהור נאכל במסורת both the inside and outside. The colours ‘white’ and ‘blue’ are the only two true egg-shell colours. What exactly happened to the Araucana, Dongxiang and A Ko s h er b i r d is eaten via a Mesoret. Lushi chickens that triggered them to begin producing blue eggshells in this unprecedented way? A Mesorah is an ancient tradition that has been passed Before we answer this question, it is important down since Biblical times. to emphasize that the Dongxiang and Lushi breeds Identifying the Kosher status of birds is much are originally from China, located thousands of miles more complex than that of fish and land mammals. away from the Araucana chickens of Chile. We are One only has to look at the body of a fish to see if talking about chickens on different sides of the globe, it has fins and scales, or to observe a land mammal separated by a period of perhaps hundreds of years. It chewing its cud and having fully split hooves to would be difficult to hypothesize that one breed came know if it is Kosher. Identifying Kosher birds is very from the other and yet we see them experiencing the different. The Torah in Perashat Shemini18 and Re’eh19 same rare egg-shell formation phenomena. Even if lists twenty‑four non-Kosher species of bird and in one would try to argue that they did descend from other sections of the Torah certifies only three Kosher

15. Yamashina, Y. (1942). “On the hybrid between the domestic fowl and the common pheasant” 16. Wragg, D. (2013). “Endogenous Retrovirus EAV-HP Linked to Blue Egg Phenotype in Mapuche Fowl דף סג: .17 יא: יג .18 יד: יא .19

Blue Chicken Eggs | 41 species of bird, namely pigeons, doves and common not normally hear people saying they only eat Jersey quail. After the Jewish people were exiled from Eretz cows or Herdwick sheep. If some want to argue that Yisrael, they began losing the knowledge of what each we do need a Mesorah for different chicken breeds, and every one of the 24 non-Kosher bird species are. then they would find themselves in deep water trying The Mishnah in tractate Hullin20 gives us some of to identify today which of the 500 known breeds of the Simanim (physical characteristics) of Kosher and chicken they can find a Mesorah for. To illustrate non-Kosher birds, but our Sages began to advise the more prudently, modern broilers (meat chickens) need for a Mesorah to know exactly which species of were produced in the 1950s by Mr Donald Shaver, a bird are permitted. Maran, Rav Yosef Caro, seems to Canadian poultry pioneer, by crossing the following allow any bird that possesses all of the Kosher signs.21 breeds of chicken over many years: Cornish Game, The Rema, however, is more stringent and states White Rock, Label Rouge, Delaware, Rhode Island unequivocally that we cannot eat any bird without it Red, Plymouth Rock, Rosambro, New Hampshire, having an ancient Mesorah of being Kosher.22 Rav Langshans, Jersey Black Giant and Brahmas.24 There Abdallah Somech of Baghdad (1813-1889) concurs with is clearly a whole cocktail of chicken breeds ‘imbedded’ the Rema, stating that we are no longer experts in in the broiler chickens that we eat today. I would be the Simanim of birds and therefore do not eat any fascinated to hear of anyone who can find an ancient bird without a Mesorah.23 documented Mesorah that allows each and every The Araucana comes from Chile, which is a one of those breeds (there isn’t one!). We should also place that was discovered after Biblical times and remember there are many other breeds of chicken therefore after the Mesorah was passed down. Any that are used for egg production, as mentioned earlier. ‘New World’ species of bird, like any of the indigenous Several Halachic authorities have therefore clarified birds of America for example, cannot have an ancient that a Mesorah is only needed to allow a species and continuous unbroken tradition, as these countries were not needed for different breeds within that same species. discovered after the Mesorah. The turkey, for example, Rav Moshe Schreiber of Frankfurt (1762-1839) writes is an indigenous bird of America and therefore has no in his Sefer, Hatam Sofer,25 that we do not need a Mesorah of being Kosher (even though it possesses Mesorah for each and every chicken. Rav Tsvi Hirsh all of the Kosher signs). How the turkey somehow Shapira of Munkatch (1850-1913) records in his Darchei slipped through the net, and became permitted by Teshuva26 that a chicken is a chicken regardless of its almost every Beth Din in the world, is a wonder that size, or the shape of its limbs and regardless of has left many scratching their heads. where it comes from. Rav Yitzchak Isaac Liebes, At this point there should be an obvious question the Greidinger Rav and author of Beth Avi (1905-2000), in our minds… says if it looks like a chicken, walks like a chicken But Klal Yisrael do in fact have an ancient Mesorah and clucks like a chicken, it is a chicken! Just like for chickens! scientifically they are all chickens, so too Halachically. This is indeed true. According to the language The major Sephardi Halachic authorities do not of the Talmud and the Rema, etc. a Mesorah is only seem to discuss the need for a Mesorah for different needed to allow a specific species. It would seem that chicken breeds at all. We could conclude then that any we do not need a Mesorah for every single breed chicken breed is allowed for a Sephardi. My family from within that species. As a crude example, you do are from Herat, Afghanistan, which was known to be

דף נט .20 יורע דעה, סימן פב .21 שם סע’ ג .22 זבחי צדק ח”א סימן פב סעי’ כד .23 24. Smith, Kingsley (2010). “The History of Shaver Breeding Farms” יורה דעה פה .25 יורה דעה פב, כד .26

42 | Torah Platform ­– Issue One a pious community of Shomrei Torah u’Mitsvoth.27 I to be used by certain local non-Jews to perform ‘black have testimony from family members that any chicken magic’ and it therefore became an undesirable bird. was permitted for consumption.28 However, my mother In conclusion, blue chicken eggs come from pure told me that whenever they would send their servants bred domestic chickens. Most Halachic authorities are to buy chickens from the Herat Bazaar (marketplace) of the opinion that one does not need a Mesorah to they would instruct them not to buy Frizzles, which allow each and every chicken breed. If one is minded was only type of chicken the community would shy to forbid blue chicken eggs because of an apparent lack away from eating. The Frizzle, known as “Morgheh of Mesorah, it would be advisable to also determine Par Chapeh” in Dari, is not an actual breed of chicken. what Mesorah they have for all the hundreds of breeds It is a mutation that curls the feathers and can occur that produce the meat and eggs currently sold in our in many breeds of chickens and also in other species shops. More importantly, their position would need of bird. The Jewish community of Herat kept away to be even more stringent regarding the consumption from eating Frizzles not because of a Mesorah issue, of turkey, which is a New World species of fowl that but rather because the feathers of Frizzles were known carries no ancient Mesorah whatsoever.

j j j Yom Kippur Connection – Insights into

“Come forth into the light of things, let nature be your teacher” The Talmud gives us examples of various positive were the powerful words of William Wordsworth, the attributes inherent in the behaviours of certain animals famous English poet.29 Yet despite his alleged genius, that are there for us to observe and emulate.30 Since he completely failed to make mention of Hashem we have been discussing chickens and we will soon (conveniently perhaps). be performing the special custom of Kapparot with Our Sages tell us that there is endless wisdom chickens on Erev Yom Kippur b’e’H, let us try to to learn from Hashem’s Handiwork, often coined understand why chickens were specifically chosen as ‘Nature’. for this seemingly unusual, yet profound custom. §

§ I felt it is important to briefly mention here the Torah perspective on causing unnecessary pain to animals. A person is judged by how sensitive he is to animals, as we see the Talmud records that the great Sage, Rebbi, suffered tremendously because he simply spoke harshly to a calf that was being led to the slaughter.31 Every year it pains me to see chickens being mis-handled during Kapparot. Some people simply do not know how to hold them and their actions cause the chickens much fear and pain. Kapparot is an important Minhag, but the transgression of Tsa’ar Ba’alei Haim (cruelty to animals) is a more severe one. Firstly, a chicken must never be held upside down. It must also not be swung roughly around a person’s head by its wings or legs, but rather it should be rotated gently and in an upright position.32 I personally find it is better to hold both wings in one hand and then support the chicken by holding both its legs in the other hand and rotate it in that manner. In this way you will be able to control the bird better and this also avoids too much pain being caused by the heavy weight bearing on the wings. The typical white Broiler chickens that are used for Kapparot are a big chicken breed and their wings cannot carry their unnaturally heavy weight without causing pain and sometimes injury.

. עיין הסכמות בספר “עונג לשבת” שחברו הרב החסיד רבי מתתיה גרג’י זצ”ל מעיר “הראת”. .27 כך שמעתי מפי מרת אמי הי”ו, וסבא שלה, רב יעקב דיל זצ’ל, היה חכם ואחד מהשוחטים החשובים של העיר. .28 29. The Tables Turned, Lyrical Ballads, 1798 עירובין, דף ק: .30 בבא מציעא, דף פה .31 32. See Mitzvat HaShehita by Rabbi Eliezer Nidam, which has approbations from Rav Shternbuch and Rav Nissim Karelitz (page 148).

Blue Chicken Eggs | 43 זֶה חֲ לִיפָתִ י, זֶ ה תְמוּרָתִ י, זֶה כַפָרָתִ י The Minhag of Kapparot is a very ancient one, dating back to the period of the Ge’onim (c. 5th century). Even though the practice of Kapparot is widespread “Z eh H a li fat i , Z eh Temurati, Zeh Kaparati” and observed by almost every Jewish community in the world, (including Ashkenazi, Hassidish and T h i s i s m y exchange, this is my substitute, this is Sephardi), many would be surprised to learn that my atonement. Maran, Rav Yosef Caro, was against the custom,33 which he unfortunately attributed to Darchei Emori The Ben Ish Hai reveals in the name of the holy that the first letters of these words spell the ז”ל practices of the non-Jews). Ari) which is the Divine Name assigned ,חת״ך We would have expected the opinion of Maran holy Name to carry a lot of weight in all areas and especially so over inscribing people in the book of life. This is amongst the Sephardi communities? Yet we see that also the Name associated with Parnasa (livelihood) when it came to the Minhag of Kapparot, nearly that is derived from within the pasuk from Tehillim, .פותח את ידך ומשביע לכל חי רצוןevery community (including the Sephardim!) ignored 37 Maran’s position and till today practice Kapparot The process of Kapparot must also come hand in hand with chickens. with thoughts of Teshuva (repentance). How could it be that Maran’s disapproval of the Logic suggests that chickens were chosen for this custom was left asunder? custom because they are more common than ducks This is one of the many examples that emphasizes or pigeons perhaps? Thankfully, though, nothing in .had Jewish practice is that random ז”לthe enormous power and influence the holy Ari reveals that the deeper Kabbalistic reason ז”לRav Yitzhak Luria The Ari) ז”לon Sephardi Jewry. The holy Ari of Tsfat, 1534-1572) enthusiastically upheld the custom of why we use chickens is because one of the names for ”Gever” (literally meaning “mighty“ גבר Kapparot, due to its Kabbalistic significance, which a cockerel is we follow.34 or “a man”), which alludes to the spiritual aspect of .(Gevurot” (harsh judgements“ גבורות ז”לThere is an accepted tradition that the Ari received much of his Torah knowledge directly from The most opportune time to perform Kapparot is Eliyahu HaNavi and this is why his opinion often just before dawn, which the Ben Ish Hai says is an .(Et Ratzon” (a time of Divine grace“ עת רצון overrides that of Maran’s in so many areas. Many s Through the performance of Kapparot and the’ז”ל believe that if Maran had learnt of the Ari approval of Kapparot, he would have for sure changed subsequent Shehita of the chicken before dawn, his position. something profound occurs in the spiritual realms. Surprisingly, Rav Ovadia Yosef zt’l also strongly We are able to subdue and sweeten the mighty upheld the custom of Kapparot, despite Maran’s Gevurot, the harsh judgements, that are prevalent upon opposition.35 a person at that moment. Hence the reason why we Rav Yosef-Haim of Baghdad (1835-1909) gives perform Kapparot on the eve of the most auspicious instructions in the Ben Ish Hai36 of how to perform day of the year, Yom Kippur – the Day of Atonement. Kapparot, what to recite, as well as what Kabbalistic There is another novel aspect to Kapparot that meditations to have in mind. may have been overlooked, which I would like to .בע״ה The chicken is rotated three times around the head, expound here during which one recites a three-phrase declaration – one phrase for each rotation:

אורח חיים, סימן תרה, והביא את דברי הרשב”א שאסר .33 שער הכוונות, דף ק .34 יחוה דעת ב, עא .35 וילך, אות ב .36 תהלים קמה, טז .37

44 | Torah Platform ­– Issue One What is it about the nature of chickens for us to take mitsvah of prayer. The highest level of prayer isarising lesson from through the practice of Kapparot? before dawn and davening Shemoneh Esreh with the Netz (sunrise). If we look into what is intrinsically unique about Remarkably, we can draw a direct parallel to the these birds, that earned them the title of a ‘Gever’, cockerel and his morning crow, every single morning, maybe we will get a deeper and more meaningful before the break of dawn. In the days of the Beth understanding of this custom. Of course, Western HaMikdash, the Avodah began with the cleansing of קריאת) culture has its own definition of ‘mighty men’, evident the Altar at precisely the crow of the cockerel Iyov praises Hashem for giving the cockerel 43.(הגבר in their illogical glorification of footballers and Hollywood stars, etc. Let us put aside those empty the knowledge to discern the approaching dawn:44 images and open our minds to a possible Torah מי נתן לשכוי בינה definition, coupled with how this is so symbolic of the fowl we use for Kapparot. I want to pinpoint three principal areas that I feel truly defines what W h o g av e t h e Sechvi (cockerel) understanding? it means to be a successful Jew – a true Gever. At the same time, if we look into what makes chickens The cockerel’s crow just before dawn is one of the unique amongst birds, we will in turn see if any of wonders of Hashem’s creations. I cannot find a solid those characteristics tie in with one another. scientific explanation for it. In the spring and summer we are used to hearing a whole chorus of different Fixing Times for Torah birds singing at the break of dawn. However, this – תורה .1 is usually because it is the breeding season and also Where would a Jew be without the observance and because it is already beginning to get light outside. study our holy Torah? We are expected to learn Torah What makes the cockerel unique is that it begins to crow whilst it is still dark, before the actual break 38.(והגית בו יומם ולילה) both in the day and in the night Our Hachamim also teach us that we must have of dawn, when daylight is not yet discernible. The cockerel also does this every single morning, be it קבעת )עיתים unflinching time slots for learning Torah .When a person fixes his Torah learning at winter or summer, without fail 39.(?לתורה specific times, that is when he will really see success There are some species of bird that sing at night, and growth. More interestingly, the Ben Ish Hai40 like the European Robin, but this is mainly in the records that the one of the most opportune times to cold winter months. There is also the enchanting fix your Torah learning isjust before dawn. He song of the male Nightingale at night, but again this quotes the significance of the pasuk in Tehillim,41 is only during the breeding season to advertise his territory to females who are flying overhead at night עורה הנבל וכינור, אעירה ,where David HaMelech says Awaken the lyre and harp, I will awaken the while on migration. The crow of the cockerel before – שחר .there dawn is something completely different to all of them ז”ל dawn, explaining that according to the Ari spiritual advantage) in ‘connecting’ the Experts say that cockerels crow to alert hens of their) יסוד is a great day with the night with Torah study.42 location and to also warn other males of their territory. Part of Torah observance is also ‘serving’ Hashem, But there are no chickens wandering around when and today, in the absence of the Avodah in the Beth it is still dark outside. So why would cockerels need HaMikdash, this is achieved through the time-bound to make this announcement whilst it is still dark?

יהושע, פרק א, פסוק ח .38 מסכת שבת, דף לא .39 וישלח, שנה א, אות ב .40 תהילים כז, ט’ .41 שער הכוונות )סוף דרוש ד’, קימת חצות( דף נד’ עמוד ב’ .42 זבחים, דף כ, ד”ה “ולינה” .43 איוב, לח, לו .44

Blue Chicken Eggs | 45 If anything, they are putting themselves in danger by a strong male provider that bravely takes care of his alerting nocturnal predators of their presence. flock with dedication. Let us give some examples: Scientists have been scrambling around with Food – If the cockerel finds something tasty different theories trying to answer why cockerels crow to eat, he will immediately call the hens by making when they do and how cockerels know exactly when distinct repetitive clucking sounds and the hens will the dawn is approaching. They begin conjecturing and come running. He will stand back proudly and allow throwing big phrases around, like “endogenous cycles” them to eat the food first, even if none is left in the and “circadian rhythms”. Whilst their theories may be end for him. Sometimes he will hold the food in nice and true, it is a wonder if they will ever come to his beak and drop it to encourage them to eat. It is realise the real Divine purpose of the cockerel’s timely amazing to observe this behaviour.46 crow and what Hashem intended by this wonder of Shelter – Cockerels are also known to be good wonders. The cockerel is a bird that ‘awakens the dawn’. at finding nesting sites for their hens and encouraging He consistently connects the night with the day with the hens to lay their eggs in those locations. I have his crowing. What a powerful Mussar (lesson) for us witnessed our own cockerel sitting in a new nest box to assimilate when we perform Kapparot. When we and calling to the hens by making another type of rotate the chicken around our heads we should think clucking sound until his ladies come to inspect what about the persistency of the cockerel’s crow every he is so excited about. single morning. This strong symbol can inspire us to Protection – Cockerels, as a rule, are fierce and take on a firm resolve to renew our own dedication fearless protectors of their flock. This is where their to daily Torah study and Prayer, at fixed times and might and bravery as a Gever is truly manifest. They without exception. heroically risk their own lives battling predators like corvids, birds of prey, cats and even sometimes foxes, Dedication to the Ketubah to protect their hens, often losing their lives in the – כתובה .2 process. It is rare to see another species of bird fully A man is considered incomplete until he marries. engage a more powerful predator in fierce battle just Rav Elazar in tractate Yevamot says, “A man who is to save his mate. I cannot think of another male bird not married is not a man”.45 Once a man is married, that does this.47 he has an obligation to fulfil what is written in his Courtship – The manner in which a cockerel Ketubah (the marriage contract). The Ketubah courts a hen is so profound that the Talmud in Eruvin48 – כתובה is all about Gemilut Hassadim, i.e., a married man makes reference to it, as an example for us married must be a provider. He signs the Ketubah in front of men to emulate. The cockerel never usually forces two Kosher witnesses vowing that he will provide for his attention on the hen, but entices her by dancing his wife’s needs in terms of food, clothing, relations, around her, lowering his wing which is closest to her. shelter, etc. Even after the courtship is over, he flatters her further From the entire bird kingdom I cannot think of a by lowering his crown towards the ground in front better example of a good ‘husband’ than the cockerel. of her, as if bowing.49 There is so much to learn from the behaviour of a In fact, a fascinating study of chicken behaviour cockerel towards his hens. He is the embodiment of has shown that the courtship between cockerel and

דף סג .45 46. I have observed male Japanese Quail making a similar sound to attract females whilst holding food in their beaks. But this behaviour is always followed by an automatic expectation of courtship. The cockerel, on the other hand, does not expect any immediate gratification in return. 47. There are cases of mother birds risking their lives to save their chicks, corvids are a good example. But I have not observed them doing so for a mate and certainly not fully engaged in battle against a more powerful predator. I have seen a Capercallie cock take on a Golden Eagle in battle, but Capercallie are an extremely aggressive grouse in any case and they will attack just about anyone and anything. Nevertheless, in that particular case the Capercallie was not fighting the eagle to protect its mate. דף ק: .48 עיין רש”י שם, ד”ה “לבתר הכי” .49

46 | Torah Platform ­– Issue One hen involves 7 stages!50 Sound familiar at all? Our her and keep his distance when she is broody. It is own marriage ceremony, lehavdil, involves 7 blessings a beautiful sight seeing a hen make her nest, paying under the Huppah (Sheva B’rachot). so much attention to detail by arranging the nesting Shalom Bayit – The distinct nature of a cockerel material with her beak and shaping it with her body. vis à vis a hen and how they interact with one another The cockerel helps her find food, he protects her, and is a testimony of real Shalom Bayit. she raises his young with dedication and security. They Rav Eliyahu Kitov zt’l (1912-1976) defines the role both wear their own unique crowns, and they respect of husband and wife in his famous book, “The Jew each other’s roles in their kingdom. The Jewish home and His Home”: is also like a kingdom where there can only be one king and one queen, who respect one another and “H a ppy a re t h e husband and wife who realise that whose roles cover different, yet complementing areas. the role of the man is not that of a woman, or the When performing Kapparot we can have in mind the reverse. Happy is their lot when each partner performs importance of marriage, of harmony in the home and the tasks that are suited to his nature… The man fights of fulfilling our own special roles of being a devoted the battle to earn a livelihood in the outside world, in husband, or a wife. order to support his household. The woman uses her חסידות strengths in her own territory, patiently weaving the tapestries that will be the walls of their mutual tent. 3. – Striving Towards Hassidut With her skilled hands, she weaves these tapestries, thread by thread, with her aesthetic sense and eye We are living in challenging times. More and more for beauty, until their tent is a pleasant, comfortable innocent souls are being enticed to go for quick fixes haven for them both. This is how they create lasting and easy exits by quasi reform groups and ‘rationalists’. happiness together.” Sometimes doing more than what is expected of us is the only way to really persevere. We live in a society that is fighting tooth and nail to try The servant of a king does what he is instructed At to do, but the son of a king will always muscle up to .ר״ל ,and make men like women and women like men times like this, we should look at the untainted nature do much more than what is expected of him. If we of innocent animals for assurance and introspection. have not been impressed enough by the nature of You will never normally hear a hen crowing. So too, chickens, the following must be the crème de la crème you will not see a cockerel incubate eggs until they of chicken behaviour. hatch. These birds stick to their roles, as defined by According to the Zohar, the cockerel is a bird that Hashem, with unflinching purity. The cockerel is a does a lot more than what is expected of him. The very masculine bird. He stands upright and makes Zohar says that the cockerel also knows when to crow Halachic midnight! 51 – חצות a loud statement with his larger size, bigger crown, at the exact moment of longer tail and more colourful feathers. The cockerel The Ben Ish Hai explains that when we recite the morning blessing ,הנותן לשכוי בינה להבחין בין יום ובין לילה behaves like a king and within his miniature kingdom he is an authority. Hens are smaller, more reserved and of thanksgiving, this is actually referring to the less colourful, reflecting the Tsniut (modesty) of the cockerel’s ability to know the exact time of midnight, alludes to the period of the night ’לילה‘ righteous Jewish woman of valour. This does not mean as the word that the hen is a push over. The hen is a queen, and after Halachic midnight.52 her nest, eggs and chicks are her domain and under her jurisdiction. The hen is a powerful and fearless W hy d o e s t h e cockerel crow at midnight? He is guardian of her chicks. A broody hen in her nest is going to crow anyway just before dawn. Why go that not to be reckoned with, and the cockerel will respect extra mile?

50. Cheng, Kimberly (August 1988). “Dominance Relationship and Mating Behavior of Domestic Cocks.” פ’ ויקהל דף קצה ע”ב, ופ’ ויגש דף רז ע”א .51 בא”ח, וישב, אות ד .52

Blue Chicken Eggs | 47 Striving towards Hassidut חסידות ח • :Maran says in the Shulhan Aruch Fixing times for Torah and prayer תורה ת • Dedication to the Ketubah כתובה ך • ראוי לכל ירא שמים שיהא מצר ודואג על חרבן בית־המקדש.

I t i s f i t t i n g for all ‘the Fearers of Heaven’ to be T h e co c k e r e l a n d the hen come to teach us so pained and worried over the destruction of the Beit many things. About strength and consistency in our HaMikdash. service of Hashem. To arouse from our slumber every day and begin succeeding, as Jewish men and women, Our Temple is still in ruins. We are expected, but in our defined roles; to push ourselves, stretch our comfort zones and do more than what is expected of us. not obligated, to go that extra mile and mourn over The crow of the cockerel is our biological alarm its destruction. clock, proclaiming: The Ben Ish Hai says that the most opportune בן אדם מה לך נרדם קום קרא בתחנונים time to do this is in fact at midnight, which is a conducive time for supplication and Torah learning.53 Son of Man, why are you sleeping? Arise and call תיקון חצות We recite to mourn the tragic destruction out in prayer! of our Beth HaMikdash, as well as the subsequent loss of the ‘Secrets’ of the Torah to outer negative Look how much there is to learn from natural world spiritual forces.54 and all its creatures therein. Let us put Wordsworth When we perform Kapparot perhaps we could also in his place and proudly declare, loud and clear: think of the unique crow of the cockerel at midnight, its symbolic cry of Hassidut, and try to take on to Co m e f o r t h i n t o the light of things, and let do something extra, something more than what is Hashem’s Handiwork be your teacher. expected of us. Below is a quick acronym illustration of what we May we all merit the arrival of Moshi’ah and the have just learnt about Kapparot with chickens, together building of our holy Beth HaMikdash speedily in with the appropriate holy Name to have in mind:55 our days.

j j j

וישלח .53 עוד יוסף חי, וישלח א .54 55. This has been illustrated as a tool, an “Eitsah Tova” (good advice), and certainly not as a novel expounding of Kabbalistic ideas.

שנה טובה וחתימה טובה תזכו לשנים רבות נעימות וטובות בע״ה