Monday, April 02, 2012

Some Thoughts on Selling Hametz

In addition to forbidding the consumption of hametz (leavened products) on Passover, the Torah emphatically prohibits us from owning any hametz during the holiday as well. Indeed, the Torah commands us to rid ourselves of hametz on the eve of Passover, which is done through ביטול חמץ (verbal nullification of hametz) and through ביעור חמץ (physical elimination of hametz from one's domain). Any hametz that remains in the possession of a Jew during Passover becomes forbidden to eat or enjoy even after the holiday.

Now, it is certainly true that selling your hametz qualifies as completely removing it from your domain. Once you sell an item to someone else, it is no longer yours. It permanently belongs to the buyer.

Nowadays, however, hametz is "sold" in a legally fictitious manner. A representative of a large number of Jews in the community "sells" their hametz to a non-Jew using various legal instruments that would normally be fully valid methods of transferring ownership. Typically, the non-Jew leaves a "deposit" with the representative and stipulates the following condition: He agrees that he will deliver payment in the amount of the full value of the hametz by the night after Passover, and that if he does not do so, the sale will be cancelled and the hametz will revert back to the Jewish owners who are presently "selling" it.

The hametz, meanwhile, remains securely locked in the pantries of the "sellers". Bear in mind that the "buyer" doesn't know any of the sellers, has no idea where they live, has no access to their residences and - were he somehow to gain entry to their homes and attempt to claim his hametz - no chance of actually being able to eat it during Passover! As soon as the holiday is over, the non-Jew predictably fails to deliver the outstanding balance he promised, and the sale is cancelled.

From a strictly legalistic standpoint, this might be a valid arrangement, (although, to be honest, some authorities do question its efficacy). During the course of the holiday, the argument can be made that the hametz is, technically speaking, officially owned by the gentile. And we can understand why the rabbis initially promoted this ceremonial sale. Jews in the Old Country were poor and could not afford to destroy what hametz they possessed. Moreover, many of them had expensive liquor or were in the liquor business and would stand to absorb major losses were they forced to discard their stock of hametz.

Let's face it though - selling hametz MAY "work" on a technical level, but in terms of the spirit of the law it fails miserably. Psychologically, we never fully disconnect from our hametz, knowing that it is safe and sound in our cabinets. We never experience the absolute dissociation from hametz we were meant to experience on Passover. "Sure, we sold our hametz" we say - wink wink - as we anxiously await reopening those cabinets at nightfall when the holiday draws to a close and we can once again partake of the hametz we possessed all along...

Today, thank G-D, most of us are in a far better position than our ancestors and can afford to dispose of our hametz in accordance with the original law of the Torah. We don't need to rely on a form of subterfuge that satisfies most (NOT ALL) legal opinions while undermining the spirit and confounding the purpose of the Torah's instructions.

In summary, if you really, truly cannot afford to dispose of all of your hametz, then by all means, do not hesitate to sell it through your rabbi.

But if you won't be seriously financially harmed by doing the mitzvah, then be true to the spirit and the letter of the law, and remove all hametz from your domain for Passover!

Monday, March 12, 2012

Laws of Pesah 5772 - 10th Anniversary Edition!

Essential Laws of Pesah by Rabbi Joshua Maroof


איסור החמץ - The Prohibition of Hametz

1. On Pesah we are not permitted to eat or to possess any hametz. This includes any food product that contains one of the five grains (wheat, barley, oats, rye or spelt) or one of their many derivatives, unless it has been properly supervised for Pesah use.

2. In addition to the prohibition of eating and possessing hametz, the Torah prohibits us to benefit from it in any way. Therefore, we may not sell it, present it as a gift or feed it to any animals on Pesah.

3. Containers of condiments and spreads like butter, cream cheese and fruit preserves that have been opened and used with hametz should be thrown out and new ones purchased for Pesah.

4. Since spices, oils and other additives are sometimes poured directly into a pot over the fire and may have absorbed hametz from its steam, one should purchase new, unopened ones for Pesah. However, the old ones do not need to be thrown out or sold, just put away. 

5. The prohibition of hametz also requires us to treat all of the pots, pans, utensils and other cookware that have been used with hametz as non-Kosher for Pesah use.

6. In addition to the restriction on eating actual hametz, Ashkenazim also refrain from eating kitniyot (‘legumes’, such as rice, corn, and beans) during Pesah. However, they are permitted to possess kitniyot and may utilize pots, pans, dishes and utensils that have been used with kitniyot.

7. The restriction on kitniyot only applies to foods that are primarily made up of kitniyot. Food products that contain less than fifty percent kitniyot AND in which the kitniyot are not recognizable, like soft drinks that contain corn syrup, are permitted even for Ashkenazim on Pesah.

8. Sephardim who are accustomed not to eat kitniyot during Pesah may discontinue their custom if they so desire. Ideally, they should ‘annul’ the custom before a Jewish court (bet din).

9. Nowadays, Sephardim who eat kitniyot such as rice that are packaged commercially are not obligated to check them for traces of hametz because the companies that prepare these products have already purified them. However, if one happens to find a grain of hametz mixed in with rice, it must be removed. If one has already cooked the rice, consult a Rabbi about how to proceed (many factors are involved).

10. Sephardim are permitted to eat ‘egg matza’ on Pesah, provided that it is prepared under proper supervision. Ashkenazim only allow egg matza for the sick and elderly who cannot digest regular matza.

11. Some authorities permit both kitniyot and egg matza even for Ashkenazim on Erev Pesah.

12. Items that are not edible, such as shoe polish, aluminum foil, glue, cosmetics, toiletries, shampoos and medicines do not need to be kosher for Pesah (or in general), because they are not foods.  Pet food, however, must be kosher for Pesah, because it is considered an edible item.

13. The prohibition of eating hametz will begin on the eve of Pesah – Friday, April 6th  - in Rockville, Maryland at 11:02 AM this year. The prohibition to possess, sell or otherwise benefit from hametz will begin at 12:06 PM.


  בדיקת חמץ- The Search for Hametz


1. On the night before Pesah begins – this year, Thursday, April 5th - every Jew is required to search their property for any hametz. The search should be a genuine, serious inspection for hametz, not a ritualistic walk through the house with a feather and a candle.

2. The search for hametz should begin twenty minutes after sunset or as soon as possible thereafter.

3. Before the search, we recite the appropriate beracha (found either in the Haggada or Pesah prayerbook) and proceed to inspect all areas that we may have brought hametz into during the year. This includes our homes, cars, offices, coat pockets, etc.

4. A flashlight should be used during the search so that one can inspect all of the necessary areas with sufficient lighting.

5. There is no need for ‘spring cleaning’ during the search for hametz. One should concentrate on finding substantial pieces of hametz (like a cookie or pretzel) rather than sweeping up crumbs. If there is extra time, removing even smaller bits of hametz is an enhancement of the mitzvah.

6. After the search for hametz, one should gather all the hametz one intends to save for dinner or breakfast and keep it in one place.

7. When the search for hametz is concluded, one must say the nullification of hametz (‘bittul hametz’) formula found in the Haggada or Mahazor. The nullification statement is repeated in a slightly different form in the morning, right after one destroys or eats the last of one’s hametz.

8. If one is going away for the holiday before the night of the search but is leaving less than a month before Pesah one must conduct a proper search for hametz without a beracha on the last night that one is still home. One should recite the nighttime ‘bittul hametz’ formula immediately after the search, but should wait until erev Pesah to make the daytime “bittul” statement.


ערב פסח - The Eve of Pesah

1. On the eve of Pesah – this year, Friday, April 6th - it is prohibited to eat matza, so that the matza eaten at the seder will be special. Egg matza is permitted for Sephardim as well as for those Ashkenazim who are lenient in this matter on Erev Pesah.

2. It is customary that every firstborn male fasts on the eve of Pesah. The fast may be broken if one attends a ‘Siyum Masechet’, a celebration held when somebody completes the study of an entire tractate of the Talmud.

3. Where possible, first born females should attend the Siyum as well, since many authorities maintain that they are also obligated to fast.

4. One is not permitted to begin work projects that are very involved after midday on Erev Pesah so that one can fully devote one’s energy to preparing for the seder.

5. Beginning about two and a half hours before sunset on Erev Pesah, one is not permitted to eat the equivalent of a meal (even of egg matza), so that he/she will be hungry enough to enjoy dining at the seder. Snacks of fruits and vegetables are permitted.


 ערוב תבשילין - Eruv Tavshilin

1. On Yom Tov, it is prohibited to make preparations for any other day. Therefore, When Yom Tov falls on a Friday we are required to create an Eruv Tavshilin in order to permit us to prepare for Shabbat. The Eruv must be prepared before the holiday begins.

2. The Eruv Tavshilin is made by taking a cooked dish (like a hard boiled egg) and a piece of matza and then reciting the beracha and declaration written in the machzor or haggada.

3. It is preferable to recite the Eruv declaration in a language that one understands.

4. When Yom Tov falls out on a Thursday and Friday, preparations for Shabbat may only be made on Friday, despite the fact that the Eruv was created on Wednesday.

5. When preparing for Shabbat on Yom Tov, one should complete one’s preparations early in the afternoon so that it is not obvious that one is using Yom Tov to prepare for Shabbat.

6. It is customary to eat the Eruv Tavshilin at Seudah Shelishit on Shabbat.


הכשר כלים -Kashering Vessels

1. Many people keep separate sets of cookware and utensils for Pesah use. If, however, one wishes to use one’s year-round kitchenware for Pesah, it must first undergo a process of ‘kashering’. In order to avoid complications, it is best to complete this process before hametz becomes prohibited (i.e., before 11:02 AM on April 6th this year).

2. Only metal, stone, wood and plastic vessels can be kashered. Items made from earthenware, such as china, cannot be kashered.

3. Sephardim do not require any kashering for glass and Pyrex vessels and are permitted to use them after a thorough cleaning. Ashkenazim treat these items like earthenware and prohibit their use for Pesah unless they have been used exclusively with cold food.

4. The method used to kasher an item is always based on the way in which the item is used. A vessel that is used for cooking liquidy substances, such as a pot, should be kashered by boiling water in it and then dropping a hot rock or hot piece of metal into it so that it boils over on all sides. Utensils such as soup ladles and carving knives that are placed directly into hot pots are kashered by completely submerging them in a pot filled with boiling water. Serving platters and strainers that have food poured onto them from hot pots are generally kashered in this way as well.

5. After kashering a vessel with boiling water, it is customary to rinse the item off with cold water.

6.  Customs differ with regard to kashering vessels that are used for eating hot food but have no direct contact with hot cookware (for example, forks, spoons, knives, etc.) Sephardim may kasher these utensils by cleaning them thoroughly and then running them through a regular cycle in a kosher-for-Pesah dishwasher. Ashkenazim require all vessels that come into contact with hot food to be kashered through placement in a pot of boiling hot water. 

7.  According to Ashkenazic practice, a vessel must be left unused for 24 hours before being purged with boiling water for Pesah use. Sephardim are only required to observe this stringency in two cases: (1) when kashering a microwave and (2) when kashering meat and dairy vessels together in the same vat. However, it is meritorious for Sephardim to follow the stringent practice in all cases if possible.      

8. Before a vessel can be kashered with boiling water, it must be totally clean. When cleaning a vessel to prepare it for kashering, one may come across food substances that adhere to it and cannot be removed. In such cases, simply apply a caustic cleaner such as bleach or detergent to the substance in order to render it inedible. 

9. A vessel upon which dry food is directly placed to cook, like a grill or baking pan, should be kashered by cleaning it carefully and then heating it until it is red hot (libun). This is the most intense form of kashering, and vessels kashered in this way do not need to be left unused for 24 hours beforehand. 

10. Vessels used for cold food only, such as goblets for Kiddush or cups used for cold drinks, need only to be rinsed with water and are permitted for Pesah use.

11. According to Sephardim, if a vessel is used in different ways at different times, the method of kashering that is applied will follow the primary usage. For example, if a pot normally used for cooking liquidy foods were used for dry cooking once or twice, it would still be kashered by boiling water inside. Similarly, if a fork normally used for eating was used to stir a pot over the fire a couple of times, it could still be kashered by a run through the dishwasher. However, if the vessel was used in a more intense way than usual during the past 24 hours, the more intense method of kashering must be applied.

12. Ashkenazim always kasher based on the most intense way that the vessel has been used with food, even if it has been used that way only once. Therefore, in the two cases mentioned in Law #11, the pot would need to be heated until red hot and the fork would need to be placed in a pot of boiling water.

13.  If one carefully cleans one’s oven racks and covers all food placed in the oven with single sheets of tin foil, there is no need to kasher the oven because there is no way for food cooked in the oven to absorb hametz from it.

14. If one does decide to kasher an oven, self-cleaning is perfectly acceptable. If one’s oven does not have a self-cleaning option, one should carefully clean the racks and walls of the oven and then - after leaving it unused for 24 hours - place the oven on its highest temperature setting for one hour.

15. For Sephardim, the grates on which pots are placed on a gas or electric stovetop need only to be spotlessly cleaned to be kosher for Pesah. As an added measure of stringency, some Sephardim also place them into a pot of boiling hot water.

16. After cleaning the grates, Ashkenazim are required to heat them to the temperature at which a tissue that touched them would ignite.

17. Sephardim may kasher dishwashers, regardless of the material they are made of, by leaving them unused for 24 hours and then running them (without dishes inside) through at least one complete cycle with detergent. Ideally, for Ashkenazim, three complete dishwasher cycles should be run (only one needs to include detergent). The racks do not need to be changed.

18. For Sephardim, sinks, countertops and tabletops require nothing more than a careful cleaning to be kosher for Pesah (however, please be sure to consult Law #20.) Some Sephardim are stringent with sinks and, in addition to cleaning them, pour boiling hot water over them

19. Ashkenazim are advised not to use their sinks, countertops or tabletops without kashering them first. They should either (1) not use these items with anything hot for 24 hours and then pour boiling water over them OR (2) simply clean and then cover them.

20. If a sink, countertop, tabletop or stove grate is known to have had contact with hot hametz during the past 24 hours, then Sephardim are required to kasher them according to the same standards as Ashkenazim.
 
21. Dish sponges and toothbrushes should be cleaned thoroughly with hot water or replaced for the holiday.

22.  A microwave can be kashered by leaving it over for 24 hours, cleaning the inside thoroughly and then heating a dish of water in the microwave until it is filled with steam.

23. Refrigerators and cabinets need only to be wiped down with water to be kosher for Pesah. Dish strainers on which clean dishes are placed to dry do not require any kashering at all.

24. If one is not planning on using a particular vessel or appliance for Pesah, it does not require any kashering. Non-Pesah vessels should be cleaned and put away, preferably in a cabinet that is taped up or locked.

 ליל הסדר - The Seder Night

1. One may not begin the Pesah Seder until at least 45 minutes after sunset.

2. Men, women and children are obligated to fulfill all the mitzvot of the night. It is especially important for children to have the Haggada explained to them.

3. The custom of Sephardim is to use red wine for the Four Cups, even if superior white wine is available. The custom of Ashkenazim is to use red wine unless a superior white wine is available.

4. The minimum amount of wine that must be contained in each of the four cups is approximately 3 fluid ounces. One must drink more than half of each cup (about 1.6 fl. oz.)  to fulfill the mitzvah.

5. Almost any vegetable may be used for karpas, provided that its blessing is bore peri ha-adama. One should make sure that any vegetables eaten at the Seder (and all year round) have been carefully inspected for bugs.

6. It is preferable to use handmade matza shemura for the Seder. However, machine-made shemura is also acceptable.

7. It is ideal to use Romaine lettuce for Maror.

8. Everyone participating in the Seder is required to lean to the left when drinking any of the four cups or eating the matza, korech, or the afikoman. If a man forgot to lean while performing one of the mitzvot he must go back and redo it. Women may be lenient and need not repeat the mitzvah.

9. Sephardim recite the beracha of Borei Pri Hagefen only on the first and third cups. Ashkenazim say a beracha on all four cups.

10. The most essential part of the Haggada is “Rabban Gamliel Haya Omer”, in which the special mitzvot of the night are explained.

11. The minimum amount of matza that must be eaten for each mitzva is a little more than one third of a medium size handmade matza. However, for motzi matza on the first night, one should eat at least half of a handmade matza. The minimum amount of maror one must eat for each mitzvah is approximately 28 grams.

12. One should make every effort to complete the entire Seder, including Hallel, before “midnight” (in Rockville this year, 1:11 AM).  If this is not possible, one should at least eat the afikoman before this time.

Friday, January 13, 2012

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Tuesday, September 27, 2011

Confession and Yom Kippur - Musings from Last Year

Three questions about the confessions of sin we recite on Yom Kippur - included in all five of the prayers of the day - had been bothering me for years until a conversation with my wife Elana last year opened my mind up to a totally new perspective that sheds light on the whole concept of Yom Kippur itself. Here are the questions:

1 - Why are the words in the confession so generic ("we have been guilty, we have rebelled, we have been unjust, etc.") instead of specific?

2 -How can we confess for all of these things when we clearly haven't committed, let alone repented, for all of them?

3 - Why does the Rambam say that a person who has repented and confessed his error on one Yom Kippur can go back and do so again, despite the fact that he has not wavered in his repentance and has no new infraction to confess?

Overall, there is an even more general difficulty - how can the Rambam say there is a mitzvah for everyone to repent leading up to Yom Kippur? If one committed a transgression and was required to repent for the sin, he or she should do it because of the sin, not on account of Yom Kippur. And if one has not committed a specific sin, what is one supposed to repent for before the Holiday?

These problems are only problems because we assume that the repentance and confession of Yom Kippur is focused on our personal process of self improvement and development. Because we are attempting to understand repentance and confession in that framework, it makes no sense to repeat generic confessions that are unrelated to our individual repentance process.

However, the reality is that the process of repentance we are obliged to go through prior to Yom Kippur is not primarily about correcting our individual sins and flaws (although that is, of course, a wonderful byproduct). Individualistic repentance should be done year round, whenever a mistake has been recognized it must be acknowledged and corrected. There is no need to defer it until Yom Kippur, and it makes little sense for there to be a "deadline" each year for the completion of our self-improvement.

The theme of Yom Kippur is the general awareness of a gulf that exists between a transcendent, metaphysical Creator and His limited, physical and very flawed creations. Our acknowledgment of myriad sins is a manifestation of our awareness of how distant we are from perfection. And our individual and collective repentance at this time, although it certainly serves to improve us and our lives, also serves to highlight the existence of human imperfection in general and to contrast that with the perfection and transcendence of Hashem.

So, although personal development would not necessitate the repetition of confession - what has been rectified is rectified and requires no further discussion or declaration - our past sins, and the sins of others that we have not committed personally, are indeed relevant to our general awareness of the limitations of the human quest to know and serve God. The occurrence of these transgressions in the past, even though they may have been corrected afterwards, still testifies to the reality that we are finite creatures whose understanding and worship of an infinite Creator is necessarily filled with distortions, shortcomings and flaws. These distortions and flaws are what lead us to value the physically pleasurable and the material over the intellectual or spiritual - i.e., to commit intentional or unintentional transgressions.

This approach is clearly supported in the Torah, where we see that one of the main purposes of the Order of the Temple Service was to cleanse and atone for the Sanctuary itself, which "dwells among the Jews amidst their impurity". In other words, the very notion of human beings standing before and worshiping God must be recognized as paradoxical and deeply problematic. We cannot take it for granted; rather, we must realize that the very institution of a Sanctuary or of a way of life or system of Mitzvot that allows human beings to approach the Almighty is almost an absurdity given our physicality and consequent intellectual and moral limitations.

This "absurdity" can only be "tolerated" provided that we are well aware of the difference between our flawed conceptions of God and His worship on one hand and the ultimate reality on the other hand. We demonstrate our awareness by repenting and confessing individually and communally on Yom Kippur, all the while affirming the transcendence, uniqueness and inscrutability of Hashem throughout the prayers. Indeed, a close examination of the Temple Service, especially the entry into the Holy of Holies and the pronouncement of the ineffable name of God - and the linking of those activities, fascinatingly, to the fasting and repentance of the nation - reveals that this distinction between our limited and distorted understanding of metaphysical truth and the awesomeness of metaphysical reality itself is what is being emphasized throughout the process. To confuse the two is either to denigrate the Creator or to arrogantly lift man onto a pedestal of which he is not worthy.

(I do not mean that Hashem is unsatisfied with man's existence and wants us to feel bad - after all, He created mankind the way that it is. What I mean is that Hashem instructs us to recognize the degree to which we fall short of true knowledge and perfection, for our own sake, so that we bear the proper perspective in mind.)

On Yom Kippur, our personal process of repentance becomes the window through which we perceive the abiding reality of our own humble position in the universe and recognize the tremendous kindness bestowed upon us by our Creator. We acknowledge that despite our inability to truly know Him or live by His wisdom in the absolute sense, and despite our harboring countless illusions and distortions in our view of ourselves, our world and our God which, by pure justice, should be intolerable, He nonetheless grants us "forgiveness" and "atonement", the opportunity and the tools to engage in the lifelong process of striving for an ideal which we never more than partially attain.

Friday, September 09, 2011

Sad, But Not Surprising...

The Open Orthodox movement is taking leave of any semblance of halakhic legitimacy at an alarming pace. Debating the acceptability of reciting a blessing ordained by the Sages of the Talmud was merely a strategy for testing the proverbial waters, an attempt to see whether the introduction of changes in religious practice under the banner of feminism and gender equality would be countenanced by the Orthodox community. It was a successful experiment, indeed, because the response of the Modern Orthodox world to this blatant deviation from halakhic methodology and traditional observance was tepid at best and apathetic at worst.

Only weeks later, further movement in the direction of full-blown egalitarianism is being publicly advocated and endorsed by musmachim of YCT and representatives of Yeshivat Maharat, with the support of other unaffiliated and/or simply non-Orthodox institutions. Those of us who have been monitoring the developments within Open Orthodoxy over the past several years should not be surprised to find its spokespersons giving their rubber stamp to "minyanim" that permit women to lead sections of the tefilla, read from the Torah, and perform other functions that range from the highly questionable to the outright forbidden. Nonetheless, it pains me to witness this turn of events, because I had hoped - against all odds and for the sake of the unity of Klal Yisrael - that this would not happen. What is most troubling tragic is that, due to the slow, quiet process of evolution that is responsible for these changes, the radical quality of their implications has been obscured.

It should be mentioned that the Talmud teaches us that a talented scholar can find numerous seemingly persuasive arguments to permit something that is known to be prohibited. In fact, the ability to do so is considered a sign of tremendous intellectual acumen and a masterful command of Torah knowledge. This means that even a very convincing and well constructed argument can lead to patently false conclusions.

The Open Orthodox camp has marshaled a number of unconventional responsa, original, erudite arguments and abstruse sources to legitimize their positions, just as the Conservative scholars of the 20th century found scattered sources and generated unprecedented arguments to justify their innovations. At the end of the day, however, halakhic tradition beginning with the Mishna, Tosefta and Gemara in Masekhet Megillah has been unequivocal in its stance that women may not read the Torah for the community. The reason behind this principle can be analyzed, discussed, studied and debated, but it remains an iron-clad rule, a dictate of the Sages that we, as Orthodox Jews, must be fully committed to observe.

Aside from the speciousness of creative attempts to "explain away" the halakhic principle that forbids egalitarian Torah reading, the fact is that the traditionally understood meaning of this principle has been applied across the board in our communities for millenia; and this fact, in and of itself, is a sufficient reason to dismiss any and all challenges to its validity. מנהג ישראל תורה היא - the universal, customary practice of the Jewish community is itself an indisputable part of our Oral Tradition.

Tuesday, August 16, 2011

More on "Morethodoxy"

In a post earlier this week, I took issue with an author on the "Morethodoxy" website, Open Orthodox Rabbi Yosef Kanefsky. R' Kanefsky has been promoting the view that the blessing שלא עשני אשה , despite its basis in the Talmud and its unanimous acceptance in classic codes of Jewish law, should be eliminated because it clashes with modern sensibilities. In my response, I presented an ideological and methodological critique of the author's approach to halakhic source material in general.

R' Kanefsky has now followed up with a post in which he attempts to bring evidence for his claim that changes in situations and circumstances have precipitated changes in halakhic decisions and practice throughout history. In a comment on his post, I pointed out that no change has occurred in the circumstances in our case - the only change has been in the attitudes of people who have largely misunderstood, and therefore object to, the blessing in question.

Allow me to explain a bit further. Scientific advancement has caused change in halakhic practice, but not because the dictates of halakha have changed. On the contrary, the principles of Torah are eternal and not subject to alteration or evolution. The fact that, nowadays, an eight month old fetus is known to be viable, does not change the law of the Torah. The law is, and always was, that we can violate Shabbat in order to save a life. What has changed is our understanding of biology and the increased capacity of medical personnel to save lives, which has expanded the number of circumstances in which Shabbat can reasonably be violated. This has no relevance whatsoever to the proposal that we should erase a blessing from the prayerbook because a segment of the contemporary population that is unschooled in its meaning suddenly finds it offensive.   

The R' Kanefsky also makes reference to the institution of Prozbul, which is a mechanism by which the cancellation of loans in the Shemitta (Sabbatical Year) can be sidestepped.  I am sure that he is aware of the fact that this example is a favorite of Conservative rabbis who routinely use it to justify and legitimize the innovations they propose. Sadly, it is as irrelevant to his argument as it is to theirs.

As our Rishonim (Medieval Scholars) explain, Hillel worked within the principles of halakha to find a solution. He understood that Shemitta, in our time, is only a Rabbinic institution, and therefore found a Rabbinically sanctioned approach to resolve the problem. He didn't cancel out or eliminate any laws, Biblical or Rabbinic. He developed a solution within the system that is fully consistent with its principles and did not require tampering with or adjusting them. 

I would like to progress one step further and examine one of the specific proof texts R' Kanefsky marshals to support his argument. After all, he seems to be doing his best to root his position in traditional sources, and we should give him the benefit of the doubt on this score. Let's see if the source actually states or implies what he claims it does.

R' Kanefsky's post refers to a Tosafot in Masekhet Avodah Zara 15A as an example of halakha changing in response to the emergence of new circumstances. The Tosafot is grappling with an apparent conflict between the customary practice in their time and the law as established in the Talmud. Specifically, the Talmud prohibits the sale of certain kinds of livestock to idolaters. Tosafot observed that, contrary to this ruling, the sale of livestock to idolaters was commonplace in their day, and fully sanctioned by the Rabbinic authorities.

They answer that the Rabbinic prohibition on selling livestock to idolaters only applies to a time in which Jewish communities are independent, united and self-sustaining, such that one who needed to sell an animal could just as easily sell it to a fellow Jew as to an idolater. Nowadays, however, when Jews are interspersed among idolaters and share a common market with them, we have no choice but to sell livestock to idolaters in order to prevent financial loss.

R' Kanefsky wishes to argue, based upon this Tosafot, that the law changed when the circumstances changed. After all, it used to be forbidden for Jews to sell livestock to idolaters; now, given the fact that we coexist with them and would suffer financially otherwise, we are permitted to do so. We see, then, says R' Kanefsky, that the law must be updated to address contemporary needs.

The simplest objection to this line of reasoning is that it is not comparable to the case of שלא עשני אשה at all. The Tosafot do not say that because we are more sensitive to the feelings of the idolaters we must recalibrate our practice. They don't recommend that we sell livestock to idolaters because they will otherwise be offended in some way. But we can leave aside this important point of criticism for a moment and focus on what Tosafot are, indeed, teaching us. 

For once we analyze the Tosafot ourselves, we find that the interpretation of their words put forth by R' Kanefsky is fundamentally flawed. The Tosafot, in fact, are saying the opposite of what R' Kanefsky attributes to them. The Tosafot maintain that the law, as originally formulated by our Sages is still 100% valid and binding.

What they are proposing is that, from the outset, the Rabbis only meant to prohibit selling livestock to idolaters when the objective of the seller is to increase his revenue. The Rabbis of the Talmud, who promulgated this legislation, never intended for their prohibition to extend to situations in which financial loss would be incurred.Tosafot are not justifying a change in the law - they are clarifying what they believe to be the proper understanding of the law, which happens to account for the manner in which it was being observed (or, apparently, being neglected to some degree) in their time.

What is the proof that Tosafot uphold the Rabbinic legislation and are merely interpreting the originally intended parameters of the law? How do we know they are not discarding the law in the face of changed circumstances? The answer is the last line of the Tosafot, which R' Kanefsky does not address:

"Rabbenu Barukh ruled that, according to this, it is only in a situation where a Jew purchased a horse for his own use and then decides that he no longer needs it that he is allowed to sell it to an idolater, since otherwise he will incur a financial loss. He is not permitted to purchase horses with the express intent of reselling them in order to make money, since he has the option of not purchasing them to begin with and therefore not incurring any loss."

In other words, the law as stated in the Talmud never changed and is still in effect; its validity and binding status have not been diminished one iota by the changed circumstances. Yes, the Tosafot are interpreting the law in view of the evidence of the Rabbinically-endorsed precedent established in their communities, and they conclude that the law is applicable to a specific set of cases and not others.

But they are not suggesting, in any way, shape or form, that the law itself could or would ever be altered to meet the needs of their generation. Nor are they intimating that such an alteration of the law would be justified by changed circumstances; on the contrary, they realize that contemporary practice must be sanctioned by the law, and for this very reason they offer an interpretation of its parameters that is compatible with the custom of their communities.

In conclusion, it seems to me that R' Kanefsky is "using" sources to support his own methodology rather than studying them to discover the methodology of our Rabbis. Rather than grasp the true message of the Tosafot - that halakha cannot possibly be changed to satisfy our needs - he appears to recast the Tosafot in the image of Medieval Conservative Rabbis who consciously reshape halakha in accordance with their desires and sensibilities. It is unclear how he reconciles this view of the בעלי המסורה with the tenets of Orthodoxy.

This is a very poignant and noteworthy illustration of what is, in my opinion, one of the most worrisome elements of the Open Orthodox approach.

Update

Cross-Currents has agreed to edit the post that gratuitously linked me to Open Orthodox ideology and practices.

Many thanks to the authors of Cross-Currents for making what I believe to be the right decision in this matter.

Thursday, August 11, 2011

When "More" Is Less


Recently, a blog post published by Rabbi Yosef Kanefsky concluded that we should no longer recite the blessing שלא עשני אשה  and that, in fact, to do so constitutes a חילול השם. The author adduces several questionable sources to support his proposal and which can be debated and addressed by more competent scholars elsewhere.


 What is most noteworthy and disturbing about the article is not its source material, argumentation or conclusion. What is of greatest concern is the ideological bias that seems to direct the “innovative” reasoning and to undermine the independence and rationality of the halakhic process.  Most striking about the blog post is not the unusual recommendation that emerges from it but the problematic methodology that leads the author to that recommendation.

The Talmud in Masekhet Menahot and Masekhet Berakhot clearly and unequivocally mandates the daily recitation of the blessing of שלא עשני אשה . Millennia before the advent of modern feminism, the Rabbis were already careful to point out this blessing was not intended to imply the innate superiority of men. The Tosefta in Masekhet Berakhot simply and elegantly explains that the blessing is said because women are obligated in less mitzvot than men. Since one who is commanded to fulfill a mitzvah receives greater reward than one who is not thus commanded, this means that men have a relative advantage when it comes to שכר מצוה. There is nothing chauvinistic or misogynistic about the blessing, it is merely a reflection of the fact that women are exempt from time-bound positive commandments.


Ironically, the Rabbis did not need 20th or 21st century feminists to pressure them into developing this interpretation of the blessing. It is not an apologetic that was introduced after the fact or under duress. It is the primary and authentic explanation for the origin of the blessing, straight from the mouths of the Tannaim who instituted it.


Despite this seemingly unequivocal picture of the basis for the blessing in our tradition, it does not “sit well” aesthetically with many modern liberal thinkers who respond to its meaning with their hearts rather than their heads. Such thinkers have determined that the blessing has much broader ramifications than its creators ever imagined. Their feeling of distaste toward the blessing inspired them to seek a way to nullify their obligation to recite it.


Misinterpretations and errors occur in halakhic discourse all the time, and we cannot condemn a rabbi too harshly for making a mistake in his analysis –  as David Hamelekh said, שגיאות מי יבין. Had the Open Orthodox writers merely failed to understand the halakha properly, this could have been pointed out to them and they might have retracted or corrected their views accordingly.


This is where the fundamental problem with Open Orthodox halakhic analysis reveals itself. It evinces a fidelity to halakha, up to a point. When push comes to shove, however, the “smell test”, the subjective feeling and the personal intuition override the demands of halakha. Instead of a dispassionate and honest analysis of the traditional sources in light of the mesorah, founded on a conviction in their absolute truth, we find the “use” of an array of sources that, carefully organized, reach a predetermined objective or quell an inner “emotional discomfort” in the analyst.


Eliminating one blessing from the siddur, in and of itself, seems almost harmless. But it will not be long before this kind of subjective halakhic methodology leads to further, and more disastrous, innovation. Will sympathy with the plight of homosexual Jews inspire Open Orthodoxy to find a halakhic basis for sanctifying their marriages? Will Kohanim be offered permission to marry divorced women or converts? Surely, the same incessant tug at the heartstrings of these rabbis that convinced them to discard a blessing enshrined in our tradition for generations will, one day soon, convince them that the Torah’s restrictions in these areas (and perhaps others) are just too offensive to our sensibilities and must be “reconsidered” in light of the values of modernity and inclusiveness. Of course, these rabbis will find the sources they need to back up their claim, they will fashion carefully constructed arguments לטהר את השרץ   that appear to validate their preconceived conclusions, and they will be מחבל את הכרם in short order.


The mainstay of our mesorah has been the objective reality of halakha and the dispassionate study of its principles. Allowing our sentimentality to guide our analysis of the Torah is a recipe for disaster that places the direction of our eternal religion in the hands of the eternally shifting attitudes of the society in which we live. The blog post about שלא עשני אשה is not just an error about one halakha. It is the articulation of a methodology of halakha that has been the defining feature of every deviant sect of Judaism from the time of Korach until the present day.   

Tuesday, July 19, 2011

Five Tragedies, One Lesson

The Rambam, following the Talmud, describes five tragedies that occurred on the Seventeenth of Tammuz:

"Five events occurred on the Seventeenth of Tammuz: The tablets containing the "Ten Commandments" were shattered; the daily sacrifice in the First Temple was discontinued, the wall of Jerusalem was breached prior to the destruction of the Second Temple,the Wicked Apostemos burned a Torah Scroll, and an idol was placed in the היכל, the Sanctuary of the Holy Temple."

Interestingly, five tragedies also occurred on Tisha B'av, the fast we will be observing exactly three weeks from today:

"It was decreed upon the generation that left Egypt that they would not be permitted to enter the Land of Israel, the First Temple was destroyed, the Second Temple was destroyed, a great city named Beitar was captured - it contained tens of thousands of Jews, and they had a great King whom all of Israel and its greatest Sages believed was the Mashiach, and it fell into the hands of the nations, and they were all killed - it was a tragedy as severe as the destruction of the Temple, and on that very day destined for suffering, Turnus Rufus, the wicked Edomite king, plowed the area of the היכל and its environs, in fulfillment of the verse, "Zion will be plowed like a field."

If you examine the basis of each fast carefully, you may note a remarkable parallel between them.




Broken Tablets/Sin of Golden Calf                                               Wandering in Wilderness/Sin of Spies

Interruption of Service First Temple                                            Destruction of First Temple

Breaching of Wall Second Temple                                                Destruction of Second Temple

Burning of Torah Scroll                             
Dream of Religious/Political Renaissance Crushed

Idol Placed in Sanctuary                                                              Sanctuary Totally Plowed


The first tragedy associated with the 17th of Tammuz is the shattering of the tablets, which was the aftermath of the sin of the Golden Calf. The first tragedy associated with the 9th of Av is the decree banning the first generation of Jews from entering the land of Israel, which was the consequence of the sin of the spies. Although, at first blush, these may seem unrelated, the Rabbis tell us that the sin of the Golden Calf established the groundwork for the sin of the Spies, it was the combination of the two that caused the Jews to be forced to wander in the desert for forty years.

Similarly, we observe that a precursor of each tragedy on Tisha B'av manifested itself on the 17th of Tammuz. The discontinuation of the Daily Offering in the First Temple foreshadowed its destruction. The breaching of the wall around Jerusalem was the beginning of the destruction of the Second Temple. The burning of the Torah scroll represented the beginning of the process of "stamping out" the independence of Jewish thought, observance and community - the massacre at Beitar, whose citizens embodied the renewed possibility of a Jewish government founded upon Torah and Mitzvot, was the horrific culmination of that effort.

The question is, then, why isn't Tisha B'av enough? Why must we observe the 17th of Tammuz, if all it commemorates is a pale shadow of the horrific tragedies we will mourn three weeks from now?

I believe the lesson here is a simple but extremely important one - recognize the signs of impending disaster and respond to them before it is too late! Had the Jewish people fully appreciate the implications of the events of the 17th of Tammuz, had they utilized them as a springboard for the self-reflection and repentance they were intended to inspire, then the harrowing tragedies of the 9th of Av would never have come to pass.

Sadly, in our individual as well as our communal lives, we rarely perceive the warning signs that are presented to us. We continue forging ahead along the same path until disaster strikes. I could quote several verses from Proverbs (Mishlei) to illustrate this, or a multitude of passages from Sefer Yirmiyahu that address this, but it would unnecessarily lengthen this post. Suffice it to say that this is a key theme of both books.

Hashem has provided us with a wondrously educational environment in which every action elicits a reaction, every choice has a consequence. Even more beautifully, the severest consequences, generally speaking, do not manifest themselves immediately - there are indications of trouble, subtle at first and then increasingly dire and worrisome, before the waves of crisis inundate us.

One of the defining characteristics of the Jewish people as they are portrayed in the Book of Yirmiyahu -and of the fool as he is portrayed in the Book of Proverbs - is the lack of foresight they exhibit in their way of life. Even as their circumstances grow more and more intolerable, they remain stubbornly attached to the habits, beliefs and attitudes that led them into trouble to begin with.

Today, people with failing businesses or failing relationships are convinced that doing more or less of the same kinds of things will save them from trouble. People who are in a spiritual rut are confident that more or less of the same behavior will lead them back in the direction of success. The truth is, however, that stumbling and struggling are signs that something is WRONG, the stumbling and struggling will intensify if the status quo is maintained, and it is unlikely that the downward spiral will reverse itself unless the person involved decides to consciously change his/her course in a fundamental, not just a quantitative, way.

A terrific case in point is Border's - they are finally liquidating all of their stores, and it did not come as a surprise to anyone. When things took a serious downturn for them, they closed many of their locations and awaited a bailout from heaven...What they failed to do, however, was recognize the errors that were responsible for the initial "warning signs" of trouble and make the fundamental shifts in vision and strategy that would have been necessary to regain a footing in the market. They could conceive of doing more or less of what they were accustomed to doing, but what they really needed was to acknowledge the realities of the current world and pursue a totally new and more adaptive approach.

My children truly hate smoke detectors. They are scared out of their wits when something burns in the kitchen and the alarm goes off. Many times they have requested that we remove or dismantle the smoke detectors once and for all. What they don't realize is that the smoke detectors serve an important purpose - they draw our attention to the presence of smoke, and where there is smoke, there very well might be fire! Getting rid of the smoke alarm might temporarily relieve us of the pain of hearing its shrill sound, but this would leave us ignorant of potentially serious problems and vulnerable to far worse calamities.

The events of the 17th of Tammuz were the smoke alarm of the Jewish people. They signaled the beginnings of the withdrawal of God's providence from the nation and should have moved them to acknowledge their waywardness and repent immediately. This would have allowed them to avert disaster. Unfortunately, they opted to disable the smoke alarm rather than investigate the emergent crisis to which it was pointing.

Let us learn the lesson of the 17th of Tammuz and respond wisely to the cries of the smoke alarms in our lives.

Have a meaningful fast.

Thursday, March 31, 2011

I Can Say Goodbye

I Can Say Goodbye

I can say goodbye to you today

Like a flower says goodbye

To the soil that fills its veins with life,

And wrapped gingerly in a blanket of tears is laid

On chilly graveyard’s impenetrable ground

Or is left by fluttering hearts to wait and wilt

On unrequited love’s cruel threshold.

I can live apart from you tomorrow

But only if a rainbow’s graceful arc can shine undimmed

Without the brilliant shades of sunlight’s palette

And the canvas of misty air on which she paints.

I ask myself,

Will not my ears be deaf to music

Once emptied of the soothing balm of your sweet voice?

Will not my arms be cold and cracked as stone

Once robbed of all the warmth of your embrace?

What picture of the world can I envision

Without your eyes to light the paths before me

Without your words to mollify my spirit

And your hand to lend me strength when I fall down?

How then will I take leave of you today

And how will I move on alone tomorrow?

I do not know.

Farewell

The process of bidding farewell to my Congregation in Maryland has been immensely painful. Although I believe that I am making the right decision for my family, facing the prospect of leaving behind so many beloved friends has broken my heart. The Prophet, by Khalil Gibran, has always touched me. At this time, its final chapter resonates with me more deeply than ever before: And Almitra the seeress said, “Blessed be this day and this place and your spirit that has spoken.” And he answered, “Was it I who spoke? Was I not also a listener?” Then he descended the steps of the Temple and all the people followed him. And he reached his ship and stood upon the deck. And facing the people again, he raised his voice and said: People of Orphalese, the wind bids me leave you. Less hasty am I than the wind, yet I must go. We wanderers, ever seeking the lonelier way, begin no day where we have ended another day; and no sunrise finds us where sunset left us. Even while the earth sleeps we travel. We are the seeds of the tenacious plant, and it is in our ripeness and our fullness of heart that we are given to the wind and are scattered. Brief were my days among you, and briefer still the words I have spoken. But should my voice fade in your ears, and my love vanish in your memory, then I will come again, And with a richer heart and lips more yielding to the spirit will I speak. Yea, I shall return with the tide, And though death may hide me, and the greater silence enfold me, yet again will I seek your understanding. And not in vain will I seek. If aught I have said is truth, that truth shall reveal itself in a clearer voice, and in words more kin to your thoughts. I go with the wind, people of Orphalese, but not down into emptiness; And if this day is not a fulfillment of your needs and my love, then let it be a promise till another day. Man's needs change, but not his love, nor his desire that his love should satisfy his needs. Know therefore, that from the greater silence I shall return. The mist that drifts away at dawn, leaving but dew in the fields, shall rise and gather into a cloud and then fall down in rain. And not unlike the mist have I been. In the stillness of the night I have walked in your streets, and my spirit has entered your houses, And your heart-beats were in my heart, and your breath was upon my face, and I knew you all. Ay, I knew your joy and your pain, and in your sleep your dreams were my dreams. And oftentimes I was among you a lake among the mountains. I mirrored the summits in you and the bending slopes, and even the passing flocks of your thoughts and your desires. And to my silence came the laughter of your children in streams, and the longing of your youths in rivers. And when they reached my depth the streams and the rivers ceased not yet to sing. But sweeter still than laughter and greater than longing came to me. It was boundless in you; The vast man in whom you are all but cells and sinews; He in whose chant all your singing is but a soundless throbbing. It is in the vast man that you are vast, And in beholding him that I beheld you and loved you. For what distances can love reach that are not in that vast sphere? What visions, what expectations and what presumptions can outsoar that flight? Like a giant oak tree covered with apple blossoms is the vast man in you. His mind binds you to the earth, his fragrance lifts you into space, and in his durability you are deathless. You have been told that, even like a chain, you are as weak as your weakest link. This is but half the truth. You are also as strong as your strongest link. To measure you by your smallest deed is to reckon the power of ocean by the frailty of its foam. To judge you by your failures is to cast blame upon the seasons for their inconsistency. Ay, you are like an ocean, And though heavy-grounded ships await the tide upon your shores, yet, even like an ocean, you cannot hasten your tides. And like the seasons you are also, And though in your winter you deny your spring, Yet spring, reposing within you, smiles in her drowsiness and is not offended. Think not I say these things in order that you may say the one to the other, “He praised us well. He saw but the good in us.” I only speak to you in words of that which you yourselves know in thought. And what is word knowledge but a shadow of wordless knowledge? Your thoughts and my words are waves from a sealed memory that keeps records of our yesterdays, And of the ancient days when the earth knew not us nor herself, And of nights when earth was upwrought with confusion, Wise men have come to you to give you of their wisdom. I came to take of your wisdom: And behold I have found that which is greater than wisdom. It is a flame spirit in you ever gathering more of itself, While you, heedless of its expansion, bewail the withering of your days. It is life in quest of life in bodies that fear the grave. There are no graves here. These mountains and plains are a cradle and a stepping-stone. Whenever you pass by the field where you have laid your ancestors look well thereupon, and you shall see yourselves and your children dancing hand in hand. Verily you often make merry without knowing. Others have come to you to whom for golden promises made unto your faith you have given but riches and power and glory. Less than a promise have I given, and yet more generous have you been to me. You have given me deeper thirsting after life. Surely there is no greater gift to a man than that which turns all his aims into parching lips and all life into a fountain. And in this lies my honor and my reward, - That whenever I come to the fountain to drink I find the living water itself thirsty; And it drinks me while I drink it. Some of you have deemed me proud and over-shy to receive gifts. To proud indeed am I to receive wages, but not gifts. And though I have eaten berries among the hill when you would have had me sit at your board, And slept in the portico of the temple where you would gladly have sheltered me, Yet was it not your loving mindfulness of my days and my nights that made food sweet to my mouth and girdled my sleep with visions? For this I bless you most: You give much and know not that you give at all. Verily the kindness that gazes upon itself in a mirror turns to stone, And a good deed that calls itself by tender names becomes the parent to a curse. And some of you have called me aloof, and drunk with my own aloneness, And you have said, “He holds council with the trees of the forest, but not with men. He sits alone on hill-tops and looks down upon our city.” True it is that I have climbed the hills and walked in remote places. How could I have seen you save from a great height or a great distance? How can one be indeed near unless he be far? And others among you called unto me, not in words, and they said, Stranger, stranger, lover of unreachable heights, why dwell you among the summits where eagles build their nests? Why seek you the unattainable? What storms would you trap in your net, And what vaporous birds do you hunt in the sky? Come and be one of us. Descend and appease your hunger with our bread and quench your thirst with our wine.” In the solitude of their souls they said these things; But were their solitude deeper they would have known that I sought but the secret of your joy and your pain, And I hunted only your larger selves that walk the sky. But the hunter was also the hunted: For many of my arrows left my bow only to seek my own breast. And the flier was also the creeper; For when my wings were spread in the sun their shadow upon the earth was a turtle. And I the believer was also the doubter; For often have I put my finger in my own wound that I might have the greater belief in you and the greater knowledge of you. And it is with this belief and this knowledge that I say, You are not enclosed within your bodies, nor confined to houses or fields. That which is you dwells above the mountain and roves with the wind. It is not a thing that crawls into the sun for warmth or digs holes into darkness for safety, But a thing free, a spirit that envelops the earth and moves in the ether. If this be vague words, then seek not to clear them. Vague and nebulous is the beginning of all things, but not their end, And I fain would have you remember me as a beginning. Life, and all that lives, is conceived in the mist and not in the crystal. And who knows but a crystal is mist in decay? This would I have you remember in remembering me: That which seems most feeble and bewildered in you is the strongest and most determined. Is it not your breath that has erected and hardened the structure of your bones? And is it not a dream which none of you remember having dreamt that building your city and fashioned all there is in it? Could you but see the tides of that breath you would cease to see all else, And if you could hear the whispering of the dream you would hear no other sound. But you do not see, nor do you hear, and it is well. The veil that clouds your eyes shall be lifted by the hands that wove it, And the clay that fills your ears shall be pierced by those fingers that kneaded it. And you shall see And you shall hear. Yet you shall not deplore having known blindness, nor regret having been deaf. For in that day you shall know the hidden purposes in all things, And you shall bless darkness as you would bless light. After saying these things he looked about him, and he saw the pilot of his ship standing by the helm and gazing now at the full sails and now at the distance. And he said: Patient, over-patient, is the captain of my ship. The wind blows, and restless are the sails; Even the rudder begs direction; Yet quietly my captain awaits my silence. And these my mariners, who have heard the choir of the greater sea, they too have heard me patiently. Now they shall wait no longer. I am ready. The stream has reached the sea, and once more the great mother holds her son against her breast. Fare you well, people of Orphalese. This day has ended. It is closing upon us even as the water-lily upon its own tomorrow. What was given us here we shall keep, And if it suffices not, then again must we come together and together stretch our hands unto the giver. Forget not that I shall come back to you. A little while, and my longing shall gather dust and foam for another body. A little while, a moment of rest upon the wind, and another woman shall bear me. Farewell to you and the youth I have spent with you. It was but yesterday we met in a dream. You have sung to me in my aloneness, and I of your longings have built a tower in the sky. But now our sleep has fled and our dream is over, and it is no longer dawn. The noontide is upon us and our half waking has turned to fuller day, and we must part. If in the twilight of memory we should meet once more, we shall speak again together and you shall sing to me a deeper song. And if our hands should meet in another dream, we shall build another tower in the sky.

Sunday, February 20, 2011

Gathering Together

This week's Parasha begins with the words "Vayaqhel Moshe", and Moshe gathered the Jewish people together. In this instance, the purpose of the gathering was to educate the Children of Israel - to present them with an exhortation about the observance of Shabbat, and to provide them with the directions necessary for them to construct the Mishkan, or Tabernacle, in accordance with the will of God.

However, one cannot help but notice that the last time the word "gather" or "congregate" was used, it was under very different circumstances, "And the people gathered around Aharon and said, get up and fashion for us a god..." It is no accident that the same verb utilized in the context of the building and worship of the Golden Calf is now employed to describe the rededication of the Jewish people to the service of Hashem.

Indeed, for all the similarity between the 'gatherings', there is a noteworthy difference. The first time the verb is used, the motive behind the gathering emerges from the people themselves - "vayiqahel ha-am", and the people congregated of their own accord - whereas the second time, it is Moshe who invites them to congregate. The first time, the emotions of fear, panic and insecurity that overwhelmed the people created mass hysteria and moved them to gather together for idolatrous purposes. The second time, the wise leadership of Moshe brought the crowd together for educational reasons.

The contrast between the episodes highlights an important principle - that community, when its resources are combined and its focus is unified, is truly a force to be reckoned with. Nonetheless, when this force is an unbridled one, this pooling of untold energy, ambition and excitement can eventuate in catastrophe.

Only when the community comes together in a well-orchestrated, goal-directed and intelligent manner, with clear vision and with proper spiritual leadership and guidance, can we be confident that its tremendous power will be harnessed for noble ends.

Monday, July 12, 2010

Laws of Ben Hametzarim 5770

נחמת יעקב - קיצור הלכות בין המצרים
Essential Laws of The Three Weeks and Tisha B’av
by Rabbi J. Maroof
מוקדש לזכר נשמת חמותי היקרה יהודית בת שמואל ע“ה ת. נ. צ. ב. ה.


שבעה עשר בתמוז - The Seventeenth of Tammuz

1. Each year we observe a period of mourning for the destruction of the Temple. We begin on the Seventeenth day of the Hebrew month of Tammuz with a day of fasting and prayer. This year, the fast falls out on Tuesday, June 29, 2010.

2. The fast of the 17th of Tammuz begins at astronomical dawn and continues until nightfall. Sephardim conclude this and all other minor fasts twenty minutes after sundown, whereas Ashkenazim conclude anywhere from thirty to fifty minutes after sundown. This year, the fast will begin in Rockville on Tuesday morning at 4:33AM and will conclude (for Sephardim) at 9:00 PM.

3. It is preferable not to launder clothing, wear freshly laundered clothing or bathe in warm water during the daytime on the Seventeenth of Tammuz. However, it is permitted to brush one’s teeth with toothpaste or use mouthwash.

4. From the Seventeenth of Tammuz through the Ninth day of the month of Av, it is customary to avoid reciting the blessing of Shehecheyanu on new fruits, clothing, etc.

5. It is the custom of Ashkenazim to avoid shaving, taking haircuts and celebrating weddings beginning with the 17th day of Tammuz. If necessary for business purposes, shaving is permitted until the first day of Av. In particularly dire circumstances, it may be permitted up through the Friday before Tisha B’av. In such cases, a competent Rabbi should be consulted.

6. It is meritorious to avoid listening to most forms of music (with the exception of classical and some religious music) throughout the year as a sign of mourning for the destruction of the Temple. However, if one is lenient in this regard most of the time, one should try to be more careful about it during this period.


תשעת הימים ושבוע שחל בו - The Nine Days

1. The first nine days of the month of Av are known as the “Nine Days”, a period of time during which our mourning for the Temple’s destruction intensifies. Beginning with the first day of Av, Sephardim join Ashkenazim in not permitting any celebrations, such as weddings or engagement parties, until the conclusion of the mourning period. Some Ashkenazim also forbid cutting finger and toenails during this time.

2. It is customary to refrain from eating meat and drinking wine during the Nine Days. Sephardim do not start observing this restriction until the second day of Av (i.e., the night after Rosh Hodesh Av.) Ashkenazim abstain from meat and wine on Rosh Hodesh as well. This year, Rosh Hodesh Av falls out on Monday, July 12th.

3. Ashkenazic custom prohibits drinking wine during the Nine Days even for a mitzvah, such as reciting Havdala or Birkat Hamazon. Sephardim only apply the prohibition to drinking that is done for personal enjoyment. All agree that the restriction on meat and wine is not observed on Shabbat.

The Saturday night prior to Tisha B’av marks the beginning of a time period known as the “Week of Tisha B’av”. At this point, the mourning observances are further intensified and remain this way until the conclusion of the fast.

5. Throughout the Week of Tisha B’av, it is prohibited to shave or take a haircut. (As mentioned above, Ashkenazic custom is to avoid shaving, haircuts and cutting fingernails for the entire “Three Weeks” period.)

6. One may not launder clothing (even for someone else) or wear freshly laundered clothing during the Week of Tisha B’av. This restriction extends to linens, towels, etc. During this period, a non-Jew may not be asked to launder clothing on a Jew’s behalf.

7. One is not permitted to bathe with hot water (i.e., for enjoyment) during the Week of Tisha B’av. Rinsing off with cold water or to remove actual dirt is permitted.

8. One may not produce or purchase new garments during this time period, even if one does not plan on using them until after Tisha B’av.

The custom of Ashkenazim is to extend the “Week of Tisha B’av” and observe its restrictions - not laundering, wearing fresh clothing, bathing for pleasure, or making/buying new garments - for the entire “Nine Days” period.


ערב תשעה באב - The Eve of the Ninth of Av

1. On the eve of Tisha B’av after midday, it is preferable only to study Torah subjects that are permitted on fast itself. However, if one cannot focus his or her mind on such topics and will end up neglecting Torah study altogether, it is better to be lenient and study the topic of one’s choice.

2. After the Mincha service on the eve of the Tisha B’av, a meal known as the Seuda Hamafseket is held in preparation for the fast. This meal can consist of no more than one cooked dish (not including bread) and should not be eaten in the company of friends.

3. There are no restrictions on the consumption of raw foods like fruits and vegetables at the Seuda Hamafseket. Similarly, there is no limit on the quantity of food that can be eaten.

4. It is customary to eat a hard boiled egg dipped in ashes at the Seuda Hamafseket. However, this should only be done if hard boiled eggs are the only cooked dish being consumed at the meal. Many people have the custom of eating the Seuda Hamafseket on the ground.

5. When concluding the Seuda Hamafseket, one should have the explicit intention not to begin the fast of Tisha B’av yet. This way, if one wishes to eat or drink something more after the meal (before sundown) one may do so. If one did not have this intention in mind and would like to eat some more before sundown, a competent Rabbi should be consulted.

6. It is important that the Seuda Hamafseket really be a person’s final meal on the day before Tisha B’av. One should not consume a large meal with a variety of foods before Mincha and then eat a ritualistic Seuda Hamafseket afterward.


תשעה באב - Tisha B’av

1. All Jews are obligated to fast on Tisha B’av, even pregnant and nursing women. A woman who has recently (within thirty days) given birth to a child is exempt from the fast. If a person becomes ill from fasting on Tisha B’av, he need not complete the fast.

2. This year, Tisha B’av will begin on Monday, July 19th at sundown and will end at nightfall on Tuesday, July 20th. As mentioned above, depending on one’s custom, one may conclude the fast anytime from 20-50 minutes after sundown on Tuesday.

3. Five pleasurable activities are prohibited on the Ninth of Av:

(1) Eating and drinking
(2) Anointing one’ body with oil or perfume
(3) Washing, including brushing teeth and using mouthwash
(4) Wearing leather shoes, and
(5) Engaging in marital relations.


4. On Tisha B’av, one may only study subjects that are directly related to the destruction of the Temple or to Divine punishment, such as the Book of Eicha, the Book of Iyov, the sections of the Prophetic books and the Talmud that deal with the destruction of the Temple, or the laws of mourning.


5. One is not permitted to inquire about the well being of others on Tisha B’av. This would include greeting friends, asking them how they are doing and otherwise engaging in “small talk” about personal concerns. Answering the phone with “hello” is not considered greeting and is permitted.


6. One is prohibited to work on the night of Tisha B’av. During the day, work is permitted after the recitation of Kinnot. According to some authorities, one must wait until midday before becoming involved in any work. In any case, working at any time on Tisha B’av is strongly discouraged and, if possible, work should be completely avoided during the fast.


7. During the recitation of Kinnot in the synagogue, it is customary to sit on the ground or on a low stool or pillow. Many people refrain from sitting on a regular chair on Tisha B’av from sundown until midday, even in their own homes.


8. Since leather shoes are not worn on Tisha B’av, the blessing of “She-asa Li Kol Tzorki” should be omitted at Shacharit.


9. One may wash one’s hands in the morning with a blessing, but the water may only be poured over the fingertips (up to the first joint of the fingers). This form of washing is also permitted - and, if one plans to pray, recite a blessing, or study Torah, it is required - after one has used the bathroom.


10. One who has actually become dirty may wash the dirt off normally.


11. The custom of the majority of Jews is not to wear a Tallit or Tefillin during Shacharit on Tisha B’av. They are worn at Mincha instead. (However, the custom of some Sephardim in Israel is to wear the Tallit and Tefillin at Shacharit as usual.)


עשרה באב -The Tenth of Av

1. It is customary to recite Kiddush Levana on the night following Tisha B’av.


2. Sephardim should not consume meat or wine until the 11th day of Av (i.e., until nightfall on Wednesday, July 21st this year). Ashkenazim only observe this restriction until midday of the 10th of Av (i.e., until 1:15PM on Wednesday the 21st this year).


3. Upon the conclusion of the fast, Sephardim are permitted to launder clothing, shave, take haircuts, and bathe (even with hot water). Ashkenazim generally refrain from these activities until midday of the tenth of Av.