Should we visit grave sites?

לעילוי נשמת אמי מורתי מרת אלקה בת ר׳ צבי ע’’ה

The following is written in memory of my mother, Mrs. Elka Balbin a”h on the occasion of her second Yohr Tzeit, כ”ט שבט.

I miss her incessantly, and not a day goes by without reflecting on her as my biggest supporter—a constant force of positivity and giving. She was a מעיין חי— a living spring—who doled out and infused us with love with every interaction.

During the first year, there was a period during the pandemic, when the Shules were closed, and I could not personally recite קדיש. Like many in this situation, this was disturbing. I looked here and there to make sense of the situation and to see what could be done to “compensate”. I had some ideas and rang מורי ורבי רב שכטר שליט”א, expressing my angst. רב שכטר responded with a comforting thought.

“What are you concerned about? Hashem asks us to follow the Halacha, and He has His ways. We say קדיש for Aliyas HaNeshama, to raise the level of the Neshama and to give a זכות to the נפטרת. Your mother was clearly a type of Neshama who didn’t need such “heavy lifting” and the fact that you couldn’t say קדיש for some time, no doubt had no negative effect above.”

He didn’t know my mother, but his comment was entirely apt.

Surely, everyone visits the בית עולם?

At first glance, based on mimetic tradition, people clearly do go to the בית עולם and visit the graves of their relatives. Rabbi Dr. Haym Soloveitchik famously wrote an important essay (with a recent follow-up, which is on my seemingly ever-growing “to be read” list) about the importance of mimetic tradition. It would, therefore, appear to be an open and shut case. Ironically, the mimetic tradition of the Soloveitchik family was not to visit the dearly departed at the בית עולם. That mimetic tradition can be traced back to the Vilna Gaon, who was against the practice of visiting the dead at their resting place. The Gaon wrote a letter to his wife (some have claimed this was specifically to women, though the practice of his students does not support that claim) stating:

“ותישמר שלא תלך לבית הקברות כלל וכלל

Be careful. Do not go to the Cemetery, ever.

אגרות הגר”א ט

Indeed, Rabbi Dr. Soloveitchik’s illustrious father, the Rav זצ’ל, wrote:

“The Gaon of Vilna, R. Joseph Dov Soloveitchik, his son R. Hayyim, his grandson, R. Moshe, R. Elijah Pruzena [Feinstein] never visited cemeteries and never prostrated themselves upon the graves of their ancestors. The memory of death would have distracted them from their intensive efforts to study the Torah.”

Halachic Man (page 30)

On both sides of the Rav’s family: Soloveitchik and Feinstein, there was no tradition to visit the בית הקברות. There are two things of note in this statement of the Rav.

  1. He describes two separate categories: (a) visiting a cemetery and (b) prostrating upon a grave at a cemetery
  2. He provides a reason for not visiting.

I think both of these points are noteworthy in the context of this ensuing discussion. Are there some who visit (perhaps more than four Amos from a grave) but do not prostrate? Is there a problem for a simpler person, who is not as intense with their Torah studies, to visit the cemetery? I do not know the answer to these questions, though they can be interpolated into the analysis.

Interestingly, the Rav found this restriction exceedingly difficult to sustain once his wife passed away, and felt it necessary to visit her grave in West Roxbury, Massachusetts, admitting to breaking with his family tradition. This was not automatic: the Rav kept his Brisker family traditions, zealously.

It would perhaps be intellectually lazy to assume that the reason one ought not to visit a cemetery is because of the frequency of pervasive metaphysical קליפות – impure forces of Halachic Tumah – at a cemetery. It would appear that if one kept four Amos (about two meters or 6.5 feet) away from an actual grave (as we Cohanim do anyway) then a concern of Tumah impurity is not germane. Therefore, if Tumah was the underlying reason for avoiding the cemetery, one could qualify the advice by saying “You may visit but don’t get too close”

I have often wondered whether a Cohen needs to wash his hands when leaving the בות עולם given that he doesn’t approach within the four Amos. (I found that both the Pri Megadim, in his Eshel Avraham 21, states that in such a circumstance a Cohen would not need to wash, see also the Chayyei Adam in 135:25)

The Gemara in Brachos 3b states that it is forbidden to say any Dvar Torah near a grave. This is codified by the Rambam (הל’ אבל פ”יג ה”ט) . Tosfos (ב”ק טז:, ד”ה שהושיבו) explains that this is okay as long as it is at a distance of four Amos. The Shulchan Aruch, however, does permit it even within four Amos (יו”ד סי’ שד”מ סעיף י”ז). Some Acharonim were careful nonetheless and distanced themselves by four Amos. Indeed, the Shulchan Aruch itself states (and is supported by the Shach (סי’ שס”ז ס”ק ג’)

שאחר שנגמר סתימת הקבר נעפר… מרחיקין מעט מבית הקברות ואומרים קדיש

After the burial one moves away a little from the the cemetery (!) and says Kaddish

יו”ד שע”ו סעיף ד’

R’ Chaim Vital (1542-1620) quotes his teacher the AriZal (also recorded by the Magen Avraham (או”ח סוף סי’ תקנ”ט))

ותמיד צריך להיות רחוק ד’ אמות מן הקברות

One should always be at least four Amos from a grave

שערי רוח הקודש, תיקון י”ב

Leaning on and/or touching the gravesite/Matzeyva would possibly be considered akin to prostrating, though I hasten to add that this is not necessarily so, especially outside of Israel, where the dead are buried in a coffin. I won’t go into detail here, but note that there is a Halachic question whether טומאה בוקעת – Tumah escapes upwards – when there is a gap within the structure of a coffin. I know of at least one local Rabbi who is a Cohen who does approach the tombstone, based on this question. In addition, there is a question of whether something buried deeper than Ten Tefachim is in a separate רשות, but this beyond of the scope of this post.

Tumah/Impurity, though, was seemingly not the source for the practice of the Vilna Gaon and his family, and those who follow the Brisker tradition on this (like מורי ורבי ר׳ שכטר שליט”א). As is well known, rulings of the Rambam are often a reason to adopt a stricture for those whose mimetic tradition derives from the practices of the Vilna Gaon.

The position of the Rambam

It appears then that the source for that tradition is a lesser-known statement by the Rambam in הלכות אבל (which curiously is inserted in the ספר שופטים of the Rambam’s משנה תורה)

והצדיקים אין בונים להם נפש על קברותיהם …ולא יפנה אדם לבקר הקברות

רמב”ם הלכות אבל ד: ד

Rabbi Touger’s excellent translation of the Rambam renders this

Markings are made on the graves. A tombstone is placed on the grave. For the righteous, by contrast, a tombstone is not placed, because their words will cause them to be remembered; a person will not need to visit in the cemeteries.

Reference

According to the Rambam, the reason that we put a tombstone on the grave is to remind and inspire us about the person who is buried there, presumably through some choice words etched on the tombstone. However, since the words of a Righteous Tzadik remind us of their memory and inspiration, no tombstone should be placed on the grave of a Tzadik! Indeed, R’ Moshe Feinstein in Igros Moshe (יורה דעה ד:נז) interprets this Rambam as implying that it is forbidden to do so and can be seen as insulting to the Tzadik!

Another reason for Tombstones, not brought here, is to mark out the perimeter of the grave so that Cohanim don’t accidentally wander and become impure (see ריש לקיש היה מציין קברי תלמידי חכמים, רש’’י בבא מציעא פה, ב).

We make the following observations:

  1. Touger appears to interpret the Rambam’s advice not to visit gravesites as pertaining to the graves of Tzadikim. That is, one might be able to visit an ordinary person’s gravesite.
  2. Touger appears to reinterpret or qualify the Rambam’s words as somewhat less than a prohibition. Touger interprets the words ולא יפנה as a person “will not need” to visit a gravesite. In other words, according to Touger, the Rambam isn’t expressing a black and white view of what a person is permitted and not permitted to do. Rather, a person is permitted to visit a grave. A/The (prime) purpose of visiting a grave is to be inspired by the deeds, words, and memory of the person buried there. In the case of an ordinary person, this is a side effect induced by reading the Matzeyva. In the case of a Tzadik, however, visiting the grave in order to be inspired is not necessary. The Tzadik’s monumental legacy and inspiration is not their Tombstone, but rather the Torah and good deeds that they have spread in this world. That Torah is prevalent at all places and time without needing a visit to the cemetery in order to be (re)exposed and (re)inspired.

Simply speaking, dare I say rationally speaking, one can read the Rambam’s choice of words of ולא יפנה differently. The Rambam is giving advice to the person who seeks inspiration and/or motivation. Though it is true that reading the Matzeyvos of ordinary people may well prove to be stimulating, it is better for a person to not “choose to frequent” the Cemetery [for this purpose]. Certainly, the greatest inspiration is in the memory of the Tzadikim, and the greatest stimulation is not provided by their graveside. Rather, one should study the Torah of Tzadikim. That Torah is accessible at any time. One need not be involved looking for a פנאי – an opportunity – to visit the cemetery in order to be energised and invigorated by their memory and Torah.

Examples of this phenomenon abound. Indeed, in the Rav’s own writings, he constantly refers to the Torah and examples of his forebears with palpable inspiration. According to the Rambam then, what is to be gained by actually visiting the gravesite?

The commonly cited source of the Rambam for not building a monument over the grave of a Tzadik is

תַּנֵּי. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר. אֵין עוֹשִׂין נְפָשׁוֹת לַצַּדִּיקִים. דִּבְרֵיהֶן הֵן זִכְרוֹנָן

Rabban Shimon ben Gamliel says, one does not build mausoleums for the just; their words are their remembrance

Yerushalmi Shekalim

And a source for his view to avoid visiting the cemetery is possibly

כל המקבל עליו ארבעה דברים [מקבלין אותו] להיות חבר אינו הולך לביתהקברות

Anyone who accepts upon himself four things [will be accepted] into the fellowship: that he will not go into a cemetery

אבות דרבי נתן מא ח

Did the Rambam’s view become the common Halacha? What do the commentators on the Rambam write?

Position of the Radvaz

The Radvaz (1479-1573) explains

פירוש “לבקר הקברות” הוא לפתוח הקבר לפקוד את המת וזה יש בו מדרכי האמורי, אבל לפקוד הקברות מבחוץ אין חשש בזה וכן נהגו כל ישראל לפקוד את מתיהם ולהשתטח על קבריהם

רדב”ז הלכות אבל ד:ד

that the Rambam was certainly not discouraging people from visiting a gravesite. The Radvaz focuses on the word לבקר הקברות from which he derives that the Rambam was concerned that people were copying the ways of the אמורי which is forbidden. The “ways of the Emori” pertains to practices and superstitions that are forbidden but were occasionally temporarily practised by ignorant Jews. The practice of the אמורי in this context is recorded in the minor tractate of שמחות as

יוצאין לבית הקברות ופוקדין על המתים עד ג׳ ימים ואין חוששין משום דרכי האמורי

We go out to the cemetery and examine the dead within three days and do not fear [being suspected of] superstitious practices

מסכת שמחות פרק שמיני

The practice used to be that the “”lid of the coffin” was opened during the first three days after death to double-check that the person was not buried alive. Apparently, there were cases where someone was incorrectly assumed to be dead. According to Mesechta Semachos, it is okay to perform this check for the first three days because it would not be assumed that it is being done for superstitious reasons (דרכי אמורי) however after three days this practice was forbidden. The Rambam, based on the understanding of the Radvaz, interprets the meaning of the word לבקר as opening the coffin at any time after burial. The Radvaz explains that this is what the Rambam meant when he expressed the view that one should not visit the grave. Visit here means for the purpose of opening the coffin, as above. According to the Radvaz then, it would appear that an ordinary visit, these days, was not something that the Rambam was writing about. In order to make this interpretation, the Radvaz would need to consider the previous statement about Tzadikim not having Matzeyvos, as something completely independent and not at all linked to the prohibited form of visitation. The interpretation of the Radvaz is not the only one.

The view of the Chasam Sofer

The Chasam Sofer (1762-1839) makes important points about both מסכת שמחות and the רמבם in his responsa (יורה דעה של”ח, בד”ה וע”ד הברייתא). He contends that a daily visit for the first three days is far-fetched and most unlikely to discover the unfortunate case of someone who was effectively buried alive! Surely, the fact that they were covered with earth (even in the days when they buried people in caves) would make it nigh on impossible to discover a mistaken burial. In the least, one would need a full-time guard for all of three days who was highly attuned to any slight movement of soil, reacting quickly. Quoting the Yerushalmi, at the end of the second chapter of Sanhedrin, the Chasam Sofer writes that there was a time when the custom was to have a two-stage burial. The first stage was a “temporary” stage, at which time there was no formal burial under the earth. This could have been achieved by secreting the body in the caverns in a rock face or similar. At a later stage, the bones were extracted and traditionally buried. During that first stage, claims the Chasam Sofer, it was possible for an occasional error, and so they used to visit for the first 3 days to be sure. However, since that time, this practice was no longer observed. As such, the Rambam writes, based on the explanation of the Radvaz, that after burial, one should not visit the grave to open the grave in order to check if the person actually died. Anyone doing so was clearly following דרכי אמורי (who also did this for a lot longer than just three days because they attributed some mystical experience around the spirit of the dead) and therefore such visitation is clearly forbidden.

Based on this explanation of the Radvaz, through the lens of the Chasam Sofer, the immediately preceding comment of the Rambam about not placing a tombstone on the grave of a Tzadik, is a separate and disconnected Halacha. Following on from that Halacha, the Rambam adds that one should not visit the cemetery for the purpose of checking, as above.

Islamic Practice

There are some who postulate that the word לבקר of the Rambam is a translation of the Arabic זיארה Ziara which was perhaps the practice of pilgrimage in Islam (outside of the Hajj according to some) and it was this practice that the Rambam was concerned about. Interestingly, it is the Shiites who have the practice of visiting graves. The Sunnis consider this practice heretical. In the Rambam’s Egypt, the vast majority were Sunni.

The position of the Rivash

The Rivash (1326-1408) in his Responsa תכ”א draws our attention to a question of differing versions of the Rambam’s text. We had explained that some interpret the word לבקר in our text of the Rambam to be about visiting and checking to see if the person is possibly alive. The Rivash notes another נוסח which excludes the word לבקר—to visit.

ולא יפנה אדם לבית הקברות

and therefore plainly means

“don’t turn towards the cemetery”.

What does “turn” mean in the context? It means don’t turn your attention to the cemetery. Why not? Based on the preceding comments: in the case of a Tzadik, one would be better advised to be inspired by the Torah and spiritual output of the deceased. In the case of an ordinary person with a formal tombstone and fancy wording, the Rambam is saying “don’t be distracted by such things”. The Rivash considers the comments about monuments and visiting a cemetery as strongly linked to each other, as opposed to independent statements.

The Chasam Sofer eventually concludes his treatment and states that the statements are linked and that the Rambam extends the words of Mesechta Semachos and prohibits going to the cemetery even before three days have elapsed.

The author of the Shulchan Aruch, R’ Yosef Karo (1488–1575) in his Kesef Mishna commentary on that Rambam, learns plainly like the Rivash before him that the Rambam discourages if not “prohibits” visiting a cemetery. I have used italics because the Rambam doesn’t express this using clearly normative prohibitive language.

Given the above, how are we to understand the Rambam elsewhere?

אַחַר שֶׁמִּתְפַּלְּלִין יוֹצְאִין כָּל הָעָם לְבֵית הַקְּבָרוֹת וּבוֹכִין וּמִתְחַנְּנִים שָׁם

[ In all places where these seven fasts are decreed ] all the people go out to the cemetery after praying and weep and offer supplication

Taaniyos

Clearly, the Rambam has no problem with going to the Cemetery on a Fast day in order to be inspired by the spectre of death, in order to motivate repentance. What is the intention of going to the cemetery on a fast day? The Gemara in Taanis 16a describes two reasons given by Tanoim: (a) the spectre of death induces Teshuvah, or (b) so that the dead will ask for mercy on our behalf. The Rambam adopted the first view, that the atmosphere was conducive to Teshuva, as opposed to the suggestion that one might “interact” with the departed while there. This can be seen as consistent with his previously mentioned view. One should avoid going to the cemetery unless there is an external factor (such as the need for Teshuva on a fast, or giving honour on a Yohr Tzeit). That is, do not frequent the Beis HaKevaros.

According to the Radvaz, there is seemingly no issue to visit if there is no intention to open the coffin. Based on the Kesef Mishna, Rivash and others, one could say that perhaps the Rambam was opposed to using the motivation of the בית הקברות in general, and most specifically, in respect of visiting the graves of Tzadikim—special people. Instead, the Rambam encouraged connecting and being inspired through their Torah instead. This would not preclude going on a Fast day, such as one held due to a lack of rain, or seemingly other occasions, such as a Yohr Tzeit.

Sources for visitation

The earliest example of visiting a gravesite is brought in :סוטה לד regarding Calev who went to Chevron to pray at the Mearas Hamachpela so that he wouldn’t fall under the spell of the spies. Another example is in :בבא מציעא פה regarding someone who prostrated himself on the grave of Rav Chiya, as well as the story about Rav Mani in :תענית כג who was persecuted until he too went to prostrate himself.

At the end of Yevamos, the Gemara describes the story of a certain lady, whose husband had apparently been murdered, who went to the Rabbis on three occasions to obtain permission to remarry. What were those three occasions? Rashi writes:

– שהיו תלמידי חכמים נקבצים לשמוע דרשה הלכות פסח בפסח והיתה שואלת מהם. ובתשובת הגאונים מצאתי כל הנך ריגלי דאמוראי היינו יום שמת בו אדם גדול קובעים אותו לכבודו ומדי שנה בשנה כשמגיע אותו יום מתקבצים תלמידי חכמים מכל סביביו ובאים על קברו עם שאר העם להושיב ישיבה שם

בד”ה תלתא ריגלי

Rashi quotes the responsa of the Geonim which states that these three occasions were a time when the great Rabbis used to gather each year on a famous Yohr Tzeit, at which time they gathered at the grave in honour of the day. Clearly, according to Rashi quoting the Geonim, there was a custom to go the gravesite on a Yohr Tzeit. Was the Rambam arguing with the Geonim and Rashi? Perhaps the Rambam’s advice not to visit graves is limited to those times where it is not traditional to go, such as on a fast day or a Yohr Tzeit. Perhaps this is why he used the words ולא יפנה which might mean “don’t clear your diary” on a given day, so to speak, and go to cemeteries, even if your motive is to be inspired (as opposed to grieving). This idea is perhaps expressed by the Mishna Brurah (quoting the Maharil)

דבית הקברות הוא מקום מנוחת הצדיקים והתפלה נתקבלה שם יותר, אך אל ישים מגמתו נגד המתים אך יבקש מהש”י שיתן עליו רחמים בזכות הצדיקים שוכני עפר ויקיף הקברות ויתן צדקה קודם שיאמר התחנות

The Cemetery is a place of rest for the Tzaddikim and one’s prayers are accepted there more readily, however, one should not place his expectations “on the shoulders” of the departed, but rather, one should ask Hashem to be merciful in the merit of the Tzadikim who reside in the earth and he should walk around the graves and give Tzedaka before he utters supplications.

(משנה ברורה (תקפא, כז

The Ramoh (ibid) mentions the good custom to visit the Beis HaChaim on Erev Yom Kippur and Erev Rosh Hashana.

Moshe’s Gravesite

Yet, the greatest Navi and leader, Moshe Rabenu’s resting place was purposely hidden from us

א”ר חמא בר חנינא, מפני מה נסתתר מקום קברו של משה מעיני בשר ודם, שגלוי וידוע לפני הקב”ה שעתיד ביהמ”ק לחרב וישראל יגלו מארצם, שמא יבאו לקברו של משה ויבכו ויתחננו ועומד משה ומבטל את הגזירה, מפני שחביבים צדיקים במיתתם יותר מבחייהם

:עין יעקב סוטה י’’ד

because the was a real fear was that if we visited Moshe’s resting place, then Hashem would be forced to listen to our Tefillos on account of Moshe’s merit (and his intercession). Clearly then, even though Tzadikim today are not at the level of Moshe and we know where they are buried, perhaps it does make sense that we should daven there? The Rambam would not agree, of course.

The position of the Bach

מיהו כבר החזיקו במנהג זה ואין מוחה ויש לזה סמך בספר הזוהר, ודווקא להשתטח על קברי אבות ולהתפלל לפניו יתברך על כל צרה שלא תבוא בזכות אבותיו הנקברים פה וכיוצא בזה, וכבר נתקנו סדרי התפילה למשתטחים על קברי אבות ואין לשום מורה למנוע ולבטל מנהג זה

Be that as it may, people have already adopted this Minhag (of going to Graves) and nobody seeks to prevent them. They have support from the Zohar. Specifically, they can prostrate themselves at the gravesites of their ancestors and to pray to Hashem [to save them] from every tragedy that might otherwise have come if not for the special merit of the ancestors who are buried there. And there have been special prayers constructed for this purpose … and no Posek should seek to annul the practice.

יורה-דעה סו”ס ריז

It is noteworthy that the Bach (1561-1640) adopts the approach that one should pray that “the merit of the ancestors” should save/assist them. This is in contradistinction to those who ask that their prayers be carried to Hashem through the agency of the person who is buried there. Poskim differ on what is the correct mode of prayer.

There is no doubt, however, that one needs to be exceedingly careful that their words not be understood as making supplications to the dead person. It is a very fine line and one needs to be careful not to transgress דורש אל המתים.

Acharonim

The Munkatcher, in his responsa, was known to defend the customs of the Chassidim, especially when these appeared to be different to past practice. Towards the end of my research on this topic I came across a most comprehensive responsa which lists most of the sources I have above and many others. He wrote:

והוא צורך גדול ותיקון לנפש… ולפי המנהג אף בצדיקים בונין נפש והכל מתקבצין אצלה להתפלל…

This (going to the grave of a Tzadik) is a great need and heals the soul, and according to the Minhag, even for Tzadikim we build a Tombstone/Mausoleum … and people gather there to pray

שו”ת מנחת אלעזר א:סט

The Minchas Elazar (as expected) strongly defends the practice of Chasidim to visit the grave of the Tzadik. Strangely, however, I didn’t see the Minchas Elazar in that responsa discuss and consider the Rambam quoted at the beginning of this post. He was certainly aware of it, and his words “even for Tzadikim” are well understood in the context of the Rambam, above. That being said, I do not understand why he didn’t quote and discuss the Rambam explicitly. He extends the consideration in his response to discuss the issue of דורש אל המתים – the prohibition of “supplicating” to the dead. He argues that this does not include asking the Tzadik to intervene on one’s behalf. Rav Moshe Feinstein does not agree with the Minchas Elazar. He states:

אין להפקיע הקרא דדורש אל המתים מפשוטו, דהוא איסור גם מלבקש מהמתים שהם יתפללו בעבורינו

… It is also forbidden to ask the dead to pray on our behalf

שו”ת אגרות משה חלק או”ח ה סימן מג.

The famous non-Chassidic Shulchan Aruch of the Chayei Adam (1748—1820) is explicit:

איסור דורש אל המתים… וכן עמי הארץ שהולכין על קברי מתים וכאילו מדברים עם המתים ואומרים להם צרותיהם

The prohibition of “supplicating” to the dead … and the simple people go to the gravesites and it is as if they speak with dead and relate all their problems

סי’ פ”ט ס”ק ז’

The issue extends to whether someone can leave Israel in order to visit the grave of a Tzadik. One might expect that this would elicit a positive response from Chassidim and a negative response from those who are not Chassidim. The issue transcends Chassidim and non-Chassidim. Rav Kook also writes about this problem in his responsa. Rav Sternbuch, who is generally a follower of the Brisker approach, basing himself on Rav Elyashiv’s grandfather, the Leshem, who was not a Chassid but a great Kabbalist

אם מרגיש התעוררות מיוחדת לצדיקים מיוחדים, שלומד מתורתם, לבוא על קברם ממש, יש בזה מצווה

If someone feels a special awakening when visiting the specific grave of a Tzadik, where they also learn the Torah of that Tzadik, to visit that grave, this is a Mitzvah (!)

תשובות והנהגות, ח”ג סימן סא

Rav Yitzchak Yosef in his Yalkut Yosef, Yoreh Deah on page 254 writes that

It is forbidden to go the cemetery except for a Levaya … but it is permitted to prostate oneself on the graves of the righteous or to visit the grave of one’s father or mother to honour them …

סימן י, שו”ע ס׳ שמג–שסא

So, how does one make sense of all of the above, taking into account the view of the Rambam? I think one can summarise the issues as follows:

  1. The Beis HaChaim/Cemetery is full of impurity and not somewhere to “hang out”. Someone who does so because of extreme grieving should also liaise with a professional.
  2. Visiting graves on a Yohr Tzeit or for special occasions is an ancient practice. It would appear that the Rambam was not opposed to this, although the Brisker tradition would suggest otherwise.
  3. Visiting the grave of a Tzadik can provide inspiration, especially when one also learns the Torah of that Tzadik. We see this phenomenon perhaps even more than any period of time, with visits to the graves of the last Lubavitcher Rebbe and R Nachman of Breslav particularly popular. As we have discussed, some would recommend the gravesite should inspire, but no direct interaction should take place.
  4. Visiting the grave of a Tzadik can potentially be problematic in the sense that one may speak in a manner which somewhat bypasses Hashem. Ultimately, the Tzadik was (and is, in the sense that they are “more alive” after they have passed away) a conduit. Some say that addressing the Tzadik is forbidden. When I visited the Lubavitcher Rebbe’s gravesite -long story- I followed the formulaic text of the מענה לשון.
  5. Those who are not Chassidic and whose inspiration primarily was through learning Torah (in the main) without frequenting a Tzadik for inspiration etc will not use visits to the Beis HaChaim as a source of inspiration and growth. One could argue that this is the Rational School of Judaism as opposed to the more Spiritual/Mystical School, and that the Rambam, who is often considered the prime Rabbi of Rationalist Judaism, therefore did not encourage, if not prohibited, the practice of visiting graves, especially those of Tzadikim.

I’m not advocating one approach over another. Both approaches are rooted in Chazal.

Dealing with two Adars

I came across this beautiful piece of Torah from מורי ורבי, Rav Hershel Schachter שליט’’א, (c) TorahWeb 2008, and think it is well worth sharing.

Will the Real Adar Please Step Forward

If one dies during the month of Adar in a shanah peshuta (a non-leap year which has only one Adar), when do the children observe the yahrzeit during a shana meuberes (a Jewish leap year which consists of thirteen months, two of them called Adar)? Should the yahrzeit be kept during the first Adar or the second? The Shulchan Aruch (Orach Chaim 568:3) quotes a difference of opinion on this matter. The sephardim follow the view of the Mechaber (Rav Yosef Karo) that the yahrzeit should be observed in the second month of Adar, while the Ashkenazim follow the view of the Rama (Rav Moshe Isserles) that it should be kept in the first Adar.

The presentation of this dispute in the Shulchan Aruch runs as follows: (I) the whole idea of observing a yahrzeit is a matter of minhag (custom) (II) customs are binding (rabinically) because they are considered as if the individual had taken a neder l’dvar mitzvah (a vow regarding a mitzvah) (III) when it comes to nedarim the determination of what is and is not included depends on lashon beni adam (the common language usage in the place and time of the neder) (IV) the gemara in Nedarim (63a) quotes a dispute among the Tanaim whether in common usage it is the first or the second Adar which is referred to simply as “Adar” without specifying “first Adar” or “second Adar”. The Mechaber and the Rama are arguing about which view of the Tanaim is the accepted view, i.e. do people have in mind the first or second Adar when they refer to Adar during a leap year?

We are still left with a major problem. Given that all languages change over time, just because in the days of the Tanaim in Eretz Yisroel the common usage of the term “Adar” during a leap year may have meant one or the other of the two months, perhaps over the years the usage has changed. The Meiri in his commentary to Maseches Nedraim repeats many times that the interpretations of lashon bnei adam as given by the Mishna and the Gemara only applied at that time and in that part of the world. It is quite possible that the usage of terms has changed.

The Rama concludes that one should observe the yahrzeit in a leap year during both months of Adar. We would probably understand this to be based on the Talmudic dispute regarding what is indeed the lashon bnei adam, and because of the doubt we recommend that one be machmir. However, Rav Solovetichik was fond of pointing out the explanation given by the Vilner Gaon for this position. The Gaon said the yahrzeit should be observed in both months of Adar not because of a safek (a doubt) but rather b’Toras vaday (as a certainty).

The Tanaim (Megillah 6b)had a major dispute regarding the observance of Purim during a leap year. Should the Megillah be read on the fourteenth day of the first month of Adar or of the second month of Adar. In this context the Talmud does not refer to the aforementioned dispute between the Tanaim regarding a neder. The issue of what is included in a neder is a function of lashon bnei adam, but the reading of the Megillah is a function of which day is the real Purim, which in turn depends on which month is the real Adar. The Tanaim give seemingly tangential reasons for their views of when the Megillah should be read, and don’t tackle the crux of the issue: which day is the real Purim? Therefore it would appear that both Adars are really Adar, and the fourteenth of both months is really Purim. In fact, the fifteenth of each month is also considered a day of Purim and thus a regular year has two days of Purim and a leap year has four days of Purim.

The Talmud and the Shulchan Aruch point out that it is forbidden to fast or to deliver a eulogy on any of the days of Purim, whether one lives in Jerusalem or Tel-Aviv. We leave out tachanun in a leap year on all four days of Purim. The question of when one reads the megillah is not really a question of which day is the real day of Purim, but rather on which of the four days should one observe the mistvos of Purim. Pesach is a seven day yom tov in Eretz Yisroel but one can only observe the seder on the first night. Rosh Hashana is (biblically) a twenty four hour yom tov, but the mitzvah of shofar can only be fulfilled during the day. Similarly, all four days are really Purim but one can not read the Megillah on whichever day he chooses. One tana is of the opinion that we should not postpone reading the Megillah to the second month, since we are not allowed to forgo an opportunity to do a mitzvah – ein maavirin al hamitzvos. The second tana insisted that we read the megillah on the second Purim, which is closer to Pesach, to connect the geulos of Purim and Pesach.

And now the punch-line: the observance of the yahrzeit is not purely a matter of minhag. Rather the assumption is that since a person died on this day, perhaps this day is still a day of judgment (yom hadin) for the deceased (or perhaps for his entire family)[1], and as such ought to carry with it certain observances (fasting, reciting of kaddish, learning mishnayos, etc.) in order to mitigate the din. If we assume that both months of Adar are really Adar, then both possible days of the yahrzeit may be viewed as yemei hadin, and hence the yahrzeit ought to be observed in both Adars, not merely out of doubt (meisafek) but rather as a certainty (b’Toras vaday).

[1] See Chaim Uvracha Lmishmeres Shalom on the topic of yahrzeit, #15.

On the void that is a parent

There are many people who say,

“A day doesn’t go by when I don’t think about my father”,

after their father (or mother) has departed this world. I don’t doubt them. Thinking about my father ע’’ה is scratching the surface. I don’t think about him 24 hours a day, seven days a week. There isn’t a day, however, that doesn’t pass wherein I don’t reflect, either during the day, or as I try to fall asleep. I sometimes reflect on things I may or may have not done which would have met with his approval or disapproval. At other times it is surface tension.

The irony is that we have been married for more than 3 decades. During that time, I couldn’t put my hand on my heart and say I listened to everything he suggested. There were times we disagreed. However, I rarely over-argued my position, and if I we chose to take a slightly different path, I did so without fanfare or disrespect. I tried to make him unaware, but that was nigh on impossible. He had a sixth sense, and could simply tell from my voice on the phone in the car, if I had a good day.

What I have become acutely aware of during his physical void from this world, is a magnification and perhaps even the creation of my own frailties. It is true that some of those frailties were born because of the vacuüm connected to the history from whence they germinated.

A good analogy might be marking your own test. Until then, I may not have been aware or concerned to compare my test results with those of my fathers. It just wasn’t on the agenda. I was living life from day-to-day, navigating through morass and happiness (comprising much more of the latter). Comparison of test results or similar weren’t remotely registered or on any agenda.

It is only now that there are occasions where I am sure that

  • I know how my father would have wanted me to react and pass on the values of the Mesora/tradition;
  • there are instances where I am not sure, and indeed, others are also not sure.
  • the remote: the new situation that he may not have encountered where one needs to extrapolate.

That is the most difficult of all because subjective influences will doubtless infiltrate what might have been a logical or historical process.

Professor R’ Chaym Soloveitchik, the son of the Rav, wrote a seminal essay in Tradition magazine, many years ago, about the mimetic (think mime) tradition. I tended then to look at his thoughts through a more prism vis a vis Halacha recorded and the growing paper trails versus the מסורה/tradition handed down manually from family to family (and sung so well by Topol in ‘Fiddler on the Roof’). Tradition can subsume technico-legal aspects of Halacha and extends to Middos and behavioural mores.

One of my teachers, R’ Nochem Zalman Gurewicz ע’’ה had an uncompromising view of Halacha. He also had an uncompromising love of Jews. Although we were ostensibly learning Gemora with him in Year 12, the refrain, often accompanied by a bang on his desk was that we needed to self-imbue ourselves/become acquainted with the so called “missing” tome of Shulchan Aruch, known as the “Fifter Chelek”. This mythical tome, of course doesn’t exist in writing. R’ Chaym Soloveitchyk would probably identify some of the fifth tome as osmosis from one’s parents and grandparents.

I have heard (to the best of my recollection) Mori V’Rabbi, R’ Hershel Schachter talk about the fifth chelek of Shulchan Aruch. Likely he used that terminology as it is the terminology that is common today.

Again, to the best of my recollection, the Rav, Rav Soltoveitchik, didn’t use this terminology as much if at all. His main language: and the main language if R’ Hershel  was the terminology of

והלכת בדרכיו

Go in His ways

Based on the Ramban, this is an onus we carry each day. We are to conduct ourselves in ways that God would conduct himself. We know many of God’s traits (values is probably a better word). These are enunciated. The Rav and his father R’ Moshe and his father R’ Chaim of Brisk (after whom Professor R’ Chaym was named) held that the contents of the fifth chelek if you will, are in-between the lines of the other four chalokim. One needs to develop an acute sense of how to read a line of anything: be it Shulchan Aruch and Gemora (for which the Rav did have a formal Mesora passed down to him) and even Chumash (for which the Rav bemoaned that he never went through the exercise of reading between the lines with his father or Grandfather (The Rav does identify the Ramban, though, as the most outstanding pirush in that direction).

So, you are probably wondering why I am allowing a conscious and personal stream burst forth onto the internet about my father ע’’ה all of a sudden.

To be honest, I was re-arranging pictures, and each time his visage confronted me the פסוק of והלכת בדרכיו based on the foundation of מסורה confronted me and disturbed my status quo.

והיו עיניך רואות את מוריך

 

Back to work.

An Apt Tisha B’Av Message

  
(Hat tip RC)

T’cheles (likely authentic blue) Tzitzis

The Shulchan Aruch includes a disagreement between the Mechaber (R Yosef Karo) and the (Ashkenazi) Ramo. The Mechaber’s view is that the strings should be the same colour as the four cornered garment they are attached to. In that vein someone wearing a Kapote which is black and has four square edges, would need to wear black Tzitzis. That’s my understanding of the Mechaber. The Ramo states that Minhag Ashkenazim is different. Ashkenazim don’t look at the colour of the garment as determinant, rather they always wear white. Undoubtedly this is not a Minhag from the time immemorial. Rather, when the Jews had preserved the tradition of Tcheles from generation to generation it is reasonable to conclude that the strings were not all white. Indeed, we see even amongst Sefardim like the Rambam, and others such as the Ra’avad and Tosfos different ways to utilise and incorporate the Techeles string.

The tradition of Identifying/finding Techeles was lost. There is the famous Radziner Rebbe who thought he identified Tcheles, and the subsequent debunking of the Radziner Techeles by Chief Rabbi Herzog and others. About 15 years ago the murex trunculus (as I recall, I could be mistaken with the exact name) enjoyed very strong halachic and scientific support as being authentic T’cheles.

Rav Soloveitchik opposed attempts to identify and conclude what T’cheles was as he was very much the Masoretic Jew from Beis HoRav (stretching to the Vilna Gaon). As such, where a mesora/tradition was lost, that was the end of the story, and one would need a Novi/Melech HaMoshiach to confirm the source of the T’cheles blue.

According to Kaballah, the Sefer Hachasidim related that he saw in a prophetic image that God wore white Tzitzis on a completely white garment.

The Mishna Brura opines that it is best to wear a pure white garment and white Tzitzis, as in this way one fulfills both the opinion of the Ramoh and the Mechaber.

It is rumoured that the last Lubavitcher Rebbe’s father, Reb Levi Yitzchok הי׳ד who was an accomplished Kabbalist, wore a plain white Tallis and white Tzitzis.

Mori V’Rabbi Rav Hershel Schachter argues that today, based on the Gemora in Menachos 40a, that the Gemora states explicitly that someone who wears Indigo coloured strings as a substitute for Techeles is fulfilling the Torah command of Tzitzis. Therefore since in our day we have something which can be called ספק תכלת, possibly Techeles, there is a cogent argument to no longer follow the Ramoh’s custom, and to wear modern T’cheles, since it’s a ספק דאורייתא, a Torah doubt, for which we normally are careful to be concerned about.

Clearly, Rav Schachter, arguably the most accomplished of the Rav’s Talmidim, doesn’t agree with his Rebbe, Rav Soloveitchik (during which time this T’cheles wasn’t yet (re)discovered.

Rav Schachter opines that Rav Elyashiv’s view that one should continue wearing white, must be based on a reason that Rav Schachter didn’t merit to understand. I seem to recall Rav Schachter meeting with Rav Elyashiv and this was one of their conversations.

I have a set of the first T’cheles of the new type that have been sitting in my cupboard for many years. I haven’t looked into the matter since I read Rav Soloveitchik’s view.

I’m interested in any views which may differ from the rather compelling logic and psak of Rav Schacter. I know that Chassidim (and today’s Litvaks are no different) look to their Master and follow their Rebbe/Daas Torah behaviour and practices.

I’m interested in halachic arguments against Rav Schachter’s logic.

When does a Woman not exist?

its old news that Adass chassidic will not write even the first initial of a lady. My wife would be known as ‘mrs I Balbin’ this is certainly a hall mark of Hungarian chassidic practice as well as some Russian/Polish chassidic.

contrast this to the wedding invitation that R Chaim Brisker used for his son Mishe’s wedding (Moshe Soloveitchik was the father of the Rav. He had signed it as ‘Chaim and Lifshe Soloveitchij’. No appellations and her name was ‘out in the wild’, heaven forfend. 

Who attended Rav Lichtenstein’s funeral?

My nephew was there and I saw a few pictures, but I’m interested to know if senior representatives of his family, e.g. R’ Dovid Soloveitchik, senior members of Aguda and Shas or even the Badatz actually attended the Kevura of the Rav’s son in law.

He was one Rov, who didn’t antagonise. He held his views, supported them but one didn’t have to agree with him. He, עליו השלום, used to go R’ Shlomo Zalman Auerbach to pasken his own Sheilos  (that was a measure of his humbleness) in the same way that R’ Avigdor Nevernzahl שלי’טא did.

I heard the the Brisker Soleveitchiks descended from R’ Velvele ז’ל had enormous Derech Eretz for R’ Aharon. I hope/expect they attended.

Was anyone there who can confirm?

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