Short word on parshas korach

Human logic-based Egalitarianism is Halachically problematic and is inconsistent with the stratified roles defined by the Torah.

Korach is the philosophical progenitor of postmodern egalitarianism. Suffused with self-allocated, chimeric rank, Korach attempts to deconstruct the assigned and stratified roles legally ordained through Moshe’s direct Godly interaction. There is a biblical prohibition, with tenure today,

“not to be like Korach and his assemblage.”

The parameters of this prohibition are not singular. One parameter is defined as negating the importance of every Jew attaching themselves to an exemplary teacher and role model of Torah.

This morning as I watched an unrelated youtube snippet sent to me, the

“next suggested youtube”

was of the last Lubavitcher Rebbe z’l, whose Yohr Tzeit is on Shabbos. I clicked.

Fortuitously, the Rebbe asked,

“the Talmud says that the teacher one should adhere to, is the imitato dei (as characterised by a holy angel). However, if one has never even seen a holy angel how does one choose the virtuous teacher?”

He answered, quoting the Talmud in Yevamos, that the archetypical Jew exudes the traits of mercy, self-effacedness and kindness. Furthermore, these traits are self-evident and not “advertised”.

Indeed, after he left his father’s house, the Lubavitcher Rebbe’s own role-modeled teacher became his father-in-law, the Rayatz. As noted by Rav Soloveitchik* (whose role model after he left his father’s house, was Rav Chaim Heller), based on an explicit Rashi in the book of Bereishis, even after a prime teacher’s demise, one should implant the teacher, who is spiritually a part of the mosaic soul, in front of him and interrogate that behavioural reality to determine major decisions we confront in life.

There is no antinomian expression intended in the above. Both sides of the coin: the Baal HaTanya and the Nefesh HaChaim describe the soul of the Tzadik teacher and mentor through the same prism.


  • the source for this view of the Rav is in Mori V’Rabbi, Rav Schachter’s Nefesh HoRav.

Inviting Jewish Politicians to speak on Shabbos

I noticed an advertisement by a Shule in Melbourne, where a Jewish Federal Member of Parliament (from the Liberal party) was invited to speak as follows:

Cholent n’ Chat Kiddush after Shabbat
Tefillah

With the dynamic and resourceful Federal Resources Minister Josh
Frydenberg

“Brave New Year: Economic and Strategic Challenges facing Australia”

Firstly let me say that this particular Shule does a great job creating interesting programs to attract people to Shule. They are to be commended for that. They are professionally run, and have full pews on Rosh Hashana and Yom Kippur.

Now, I do not know Josh Frydenberg. I am hoping that he or a relative lives close to the Shule. In the least the Rabbi or a board member should have invited him for Shabbos. If this is not the case, then the creation of such an event serves to potentiate a Halachic abuse of Shabbos. I will assume Josh or his family live within walking distance or some other arrangement has been made. It is the responsibility of the Rabbi of the Shule to make sure that the Halacha is followed here. If Josh were not to be within walking distance, Rav Soloveitchik was very clear that it would be forbidden to invite a person when they “knew” such an invitation would induce Shabbos desecration.

The last issue is that of the topic. The Navi Yeshayahu 58:13 tells us:

אִם תָּשִׁיב מִשַּׁבָּת רַגְלֶךָ עֲשׂוֹת חֲפָצֶיךָ בְּיוֹם קָדְשִׁי, וְקָרָאתָ לַשַּׁבָּת עֹנֶג לִקְדוֹשׁ ה’ מְכֻבָּד, וְכִבַּדְתּוֹ מֵעֲשׂוֹת דְּרָכֶיךָ, מִמְּצוֹא חֶפְצְךָ וְדַבֵּר דָּבָר

from which the Talmud (Shabbos 113B) and Codifiers conclude that one’s topics of speaking, should be “Shabbosdik”. A clear explanation of this can be found in (‘שולחן ערוך הרב’ או”ח סי’ שז ס”א), What I have written is short of an exact definition. At the same time, unless the organisers know exactly what Josh will be talking about, they may be causing an infraction for Josh. The speaker is the one who is enjoined not to speak about matters which involve or may come to involve acts forbidden on Shabbos. On the other hand, those who attend, also take part in this activity. If they were not in attendance, then there would be no talk. To be clear, if Josh was to speak about the Government’s attitude to Israel or Jewish multiculturalism or security that would be quite pareve. If, however, he were to speak about the likelihood of, say, changes to death duties or superannuation, then this would induce people to consider acting on their investment portfolios, and that may be forbidden. As I mention, I am not a Rabbi, so do take every thing I say with a grain of salt, and make sure you speak with your own learned Posek/Halachic Decisor.

The purpose of this post isn’t to seek out and unearth things that might be wrong in an Orthodox setting. For all I know, Josh may in fact be a member of Caulfield Shule and attend every now and again, in the same way that Michael Danby attends Elwood Shule regularly. I am simply noting that the planning of topics and events needs careful halachic attention.

Another aspect of  וְדַבֵּר דָּבָר is to make sure that people are not brought to צער (feeling bad) by the speech. As such, I would suggest that any Labor voters (I hope there is no such thing as a tree hugging anti semitic Greens voter among our people) would probably not be permitted to attend the talk as they would get annoyed by the Conservative platform that will be espoused. Causing yourself צער on Shabbos is contraindicated halachically as well.

Perhaps I am being over pedantic. Note though that I tend to look at things through the prism of Halacha especially when I had learned these laws only one week ago!

I repeat what I said at the beginning of this article: the particular Shule in question does a great job in bringing innovative new ideas to entice people to enfranchise with Judaism. I wish them only success.

Righteous Gentiles: Frum Noahides – Gentiles who act like Jews?

It is well-known that the Lubavitcher Rebbe זי’’ע mounted a major campaign to encourage gentiles to engage in the seven Noahide Laws. The Rambam states that they  receive their reward when they do so because they believe in God and perform these as their task. The ultimate question is that Jews have 620 Laws (not all of which can be done anyway). Does this mean that Jews reap a higher reward i.e. 613 Torah + 7 Rabbinic versus 7 Noahide for Gentiles? Alternatively, do we say that there is a peak of a mountain. We are all enjoined to reach the peak of the mountain. Jews have a more demanding path that they must traverse to reach that peak, whereas Gentiles have seven laws that they must keep to reach the same peak?

There are also differing opinions about converts. Jews do not proseletise. The Baal Hatanya contends that all converts to Judaism are actually Jewish souls at the time of Sinai which are being returned. Other Orthodox Philosophers do not agree. With this in the back of your mind, read the following from Tablet Magazine. [Hat tip Shochet assistant]

The Gentiles Who Act Like Jews

A man with a brambly salt-and-pepper beard, a kippah on his head, and circular glasses balanced on his nose stood behind a podium, lecturing on the parasha, the weekly Torah reading, in a southern twang. He was not a rabbi. He wasn’t even Jewish.

In front of him, an audience of about 20 sat in rows, listening attentively. Some wore head wraps and dresses suitable for a wedding, and others looked like they came in off the street. One man boasted neck tattoos and a gauge earring.

I was the only Jew in the room, but everyone else was here to study Torah. I was here to study them.

They call themselves Righteous Noahides: non-Jews who believe in Orthodox Judaism. According to Jewish theology, there are laws that Jews must obey, the 613 mitzvot, but then there are seven laws for children of Noah—everyone else in the world. They are: Do not deny God; do not blaspheme; do not murder; do not engage in incest, adultery, pederasty, or bestiality; do not steal; do not eat of a live animal; and establish courts.

The Noahide laws, which are derived from passages in the Torah, were enumerated in the Talmud. In the Middle Ages, Maimonides urged their observance on non-Jews, writing, “Anyone who accepts upon himself and carefully observes the Seven Commandments is of the Righteous of the Nations of the World and has a portion in the World to Come.” But the idea never really caught on among non-Jews.

But about 40 years ago, Chabad grand Rabbi Menachem Mendel Schneerson launched a global “Noahide Campaign,” writing and speaking about the need for Righteous Noahide communities, believing Noahide laws would bring about peace and understanding and would hasten the coming of the Messiah. Some non-Jews listened. For example, in 1987, President Reagan signed a proclamation glorifying “the historical tradition of ethical values and principles, which have been the bedrock of society from the dawn of civilization when they were known as the Seven Noahide Laws, transmitted through God to Moses on Mount Sinai.”

Noahidism now encompasses communities around the world, especially in Great Britain, the Philippines, Latin America, Nigeria, Russia, and the United States. According to Rabbi Michael Schulman, who runs Noahide website AskNoah.org, the Philippines may have the most developed community, with well over 1,000 adults and their children living in a collection of agricultural towns. They run Hebrew schools, community meetings, and even a national summit.

The group I visited, called Netiv, is a bustling 40-person community located in Humble, Texas—in the United States, Texas is the center of Noahide life. Some members travel over two hours each way, two or three times a week, for classes. They obey the Noahide laws, but they also take the concept further, endeavoring to obey other mitzvot and learn more from Judaism.

Adults set out a potluck in the kitchen while children ran around. The man with neck tattoos showed everyone the Kabbalistic painting he made and auctioned it to the crowd.

But the main event was Rod Bryant’s lecture on the parasha, in which Moshe—Bryant used Moses’ Hebrew name—strikes down an Egyptian for beating a Jew. It’s a familiar story, but Bryant put a Noahide spin on it. He emphasized how Moshe stood up for what he knew was right, despite the masses around him just following the status quo.

Like Moshe, Bryant said, Noahides struggle to stand up for their beliefs, despite being surrounded by Christian families and friends. Unlike those around them, Noahides do not identify as Christian. Their feelings on Christianity and Jesus range from respect of the “all religions have something to offer” variety to palpable disdain. They’ve given up what they consider idol worship to follow Jewish theology.

Bryant didn’t always teach Torah; he was a Pentecostal chaplain in the Army during the first Gulf War. He started a small study group in his house that got so large that it moved to a church. Around that time, Bryant began finding inconsistencies in Christian scripture, so he started digging into historical records.

“It was like archeology,” Bryant recalled.

The larger his group grew, the more uncomfortable he felt: He was responsible for the spiritual lives of all these people, and here he was teaching things he didn’t believe. When people asked him to lecture on passages about Jesus, he started making excuses.

“He was like, ‘It’s too long,’ ” remembered one former Christian group member. “I was like, ‘I’ll bring food.’ ”

He started teaching Torah from a Jewish perspective to a small group. Arilio Navarro, who had been having similar doubts about Christianity, came in to learn at one point. Navarro pulled Bryant aside and told him quietly, “I don’t think Jesus is God.” He was pretty sure he’d be thrown out.

To his surprise, Bryant replied, “Oh, you don’t? Me neither.”

It eventually became obvious that Bryant couldn’t be part of the church anymore, and he left, or was kicked out, depending on whom you ask. Probably a bit of both. Either way, he found himself without a job.

“OK, Hashem, funny sense of humor,” he remembered thinking. “Now I really have to trust you.”

He started communicating with rabbis who had been inspired by Rabbi Schneerson’s teachings about Noahides, and he learned about Righteous Gentiles and the seven laws of Noah. Eventually, in 2010, he founded Netiv, which has been growing ever since.

***

Like Bryant, others who have discovered Noahidism, while not identifying as Jews, seem to love Judaism: the emphasis on asking questions rather than just taking a priest’s word for things, the traditions, the intellectual rigor, the in-depth instructions it provides for maintaining family relations. But above all, they say Judaism gives them a newfound sense of peace.

“It gives me a new way to breathe before God,” said Irene Griffin, a Netiv regular.

The typical story goes like this: A person starts out Christian. (I’ve yet to meet someone who came to Noahidism from anything else. Bryant said one Muslim girl used to stop by, but her family found out and put a stop to it.) These seekers then find inconsistencies between the scripture and the priest’s or minister’s teachings. They start asking questions their religious leaders can’t answer to their satisfaction, questions like: “Why don’t we keep the Sabbath?” “Why do babies need to be baptized?” “If the Bible says God is one, why do we have a Trinity?”

And so on.

Thus begins a journey into different kinds of Christianity. Some searchers become Seventh Day Adventists, who obey Old Testament commandments. Many, interestingly enough, join Messianic Judaism, which becomes a stepping-stone toward more traditional Judaism—apparently, Jews for Jesus can occasionally bring Christians to Judaism rather than the other way around.

At some point, many give up Christianity altogether, which puts them in a boat that seems to be taking on water.

“We’re not Christian. So, what are we?” Dianna Navarro, Arilio’s wife, remembered thinking. She recalled when she discovered that God was one in Genesis while in her old Christian church, while she was starting to doubt the Trinity. She jumped up, excited, crying, “God is one!” The lady next to her muttered, “I know.”

Tina Sachs was already part of Bryant’s group while she was questioning, resulting in a fairly smooth transition from Christianity to Noahidism. But for others, like the Navarros, there was no easy way to land safely: They gave up Christianity and found themselves like Looney Tunes characters who had walked off a cliff with nowhere to stand.

***

Though he and his wife Jackie are currently Noahides, Richard Waer didn’t used to be religious at all.

“He wouldn’t let me baptize my babies!” pouted Jackie Waer, who had been raising their children Catholic up until a few years ago. It must have been a big source of marital stress at the time; I marveled at how irrelevant it is now.

Richard’s friend Arilio Navarro brought him to a Netiv class, and Richard was hooked. “I felt like I’d been taken out of the Matrix,” he said. “And I felt a little lost.”

Jackie came on board immediately. Something about Judaism attracted her. But even more important was seeing how much her husband began to change. He’d struggled with alcoholism before, but Noahide theology set him free—paradoxically, by calling him to account. “Seeing alcoholism not as the devil, and not as me, but as something in me was what did it,” Richard said. Judaism didn’t demonize alcohol but set forth a way of thinking about the yetzer hara—evil inclination—that made sense to him.

“God speaks to people how they listen,” he said. “I just had to get out of my own way.”

Jackie covers her hair with colorful wraps that she finds on Wrapunzel.com, an online community of Orthodox Jews. A foodie at heart, she zealously tries to make her Netive Mexican cooking kosher, although cholent remains a challenge.

“A lot of us are just fumbling in the dark,” she said.

People around the Waers didn’t really know what was going on when they became Noahides, and many confuse them for Muslim. Even the Waers’ three daughters were perplexed by the sudden “Guess what, kids! We’re not Catholic anymore!” nature of their family’s change, but they noticed that their parents seemed happier.

Ryan Smith’s journey to Noahidism was considerably different. While incarcerated in 2009, he dreamed he was watching the news, and the weatherman said there would be a solar flare causing temperatures to hit about 800 degrees.

In the dream, Smith waited for everything to start burning. Then he saw some sort of figure coming out of the sky, saying, “Don’t be afraid, I’ve come to take my people home.” Smith started crying in his sleep and woke up.

Despite growing up Catholic, Smith had never seriously read a Bible before, but the moment after waking up from an apocalyptic dream seemed like a good time to start. He went on to research religion obsessively and even taught himself to read Hebrew, he said, so he could read the Torah. He contacted Schulman, the rabbi who runs AskNoah.org, from whom he learned about Noahidism, and began teaching Noahidism to other inmates, turning it into a small prison religion.

For Smith, who has since been released and is now volunteering with Schulman, Noahidism changed everything; he wouldn’t take back being incarcerated.

“It was the highlight of my existence,” he said. “I’m glad I went there.”

Just as paths to Noahidism are different, so are individual practices. Tina Sachs is a Noahide, and her husband is a secular Jew. For her, Noahidism mainly means attending classes at Netiv and lighting candles on Shabbat. On the other hand, others at Netiv are “Noahide Hasidim,” as Bryant, the Netiv leader, jokingly calls them.

The Navarros for instance, keep kosher and observe Shabbat, and Arilio studies with a rabbi online. When we met, Dianna was wearing a necklace with a Kabbalah tree of life symbol on it and a red string around her wrist.

“It reminds me never to speak badly of anyone,” she said.

Noahides elicit mixed responses from religious Jews. When I first began researching Noahidism, one rabbi emailed me, telling me to avoid a particular Noahide leader, saying the leader was “throwing teachings like pasta at the wall to see what sticks.”

Some rabbis emphasize that Noahides should not perform any mitzvot designated specifically for Jews; they point to interpretations of Genesis 8:22 that argue it is forbidden for non-Jews to keep Shabbat. According to Maimonides:

The general principle governing these matters is: [Non-Jews] are not to be allowed to originate a new religion or create mitzvot for themselves based on their own decisions. They may either become righteous converts and accept all the mitzvot, or retain their statutes [in the Noahide Code] without adding or detracting from them.

Arilio Navarro understands these concerns, but he doesn’t abide by them.

“There are a lot of blessings that come with Shabbat, and I don’t want to leave them on the table,” he said. “I spent most of my life doing that; I don’t want to do that anymore. I have a Jewish soul.”

All the rabbis and Noahides I talked to agreed that Noahides don’t have an obligation to keep more than the seven laws. But the sort of people who go on a spiritual quest that leads them out of Christianity aren’t the sort who are typically satisfied with that. They want to do more.

“We left Egypt and can feel the warmth of Judaism,” said Bryant. “We don’t want to just keep wandering through the desert.”

The Navarros, like several others at Netiv, want to convert to Judaism. What holds them back is not conviction, but logistics: It’s hard to maintain an Orthodox lifestyle alone. There are no shuls within walking distance, and the closest Orthodox Jews live in downtown Houston. Moving would be expensive; houses cost twice as much in the city. That’s why many at Netiv want to start an Orthodox Jewish community of their own, one intimately connected with Noahides.

But most Noahides don’t express a need to convert. They like the flexibility of not being obligated to take on the laws.

***

When Gallup took a poll of 3,789 Texans in 2004, only 0.7 percent identified as Jewish. So, why has Noahidism taken root here, albeit on a small scale? I heard a variety of theories, involving, variously: Texan independence, superior leadership, or a surplus of shekhina—divine feminine presence—in the Lone Star State.

Considering the large number of Noahides in Latin America and Africa, Schulman theorized that countries that had had Christianity forced upon them might be pulling off the yoke of their oppressors. And it’s true that Noahidism seems to spring up mostly in Christian countries. But imperialism is pretty much everywhere—what place hasn’t been taken over by Christianity or Islam or nationalism or something else?

The best explanation for Noahidism’s spread lies not in space, but in time. A few decades ago, Noahides were usually lone individuals, or perhaps groups of four or five, who had come to the Noahide commandments on their own.

“No one knew each other existed,” explained Bryant.

But thanks to the Internet, Noahides realized they weren’t alone. Religious seekers were suddenly able to get their hands on all kinds of information on Judaism (many talk about Aish.com and Chabad.org like family friends), and Noahide-specific websites appeared. The true headquarters of Noahidism isn’t in Texas or the Philippines; it’s in the web servers. Bryant regularly gets emails saying, “I’m so happy I found your video. I thought I was the only person in the world who lived this way.”

Because Noahides are so spread out, dating can be a problem; it’s not that easy to find non-Jews who practice Judaism. So, Noahides having started dating sites, such as Soulmate Connections. Cherrie Lacrosse, another Texan, met her husband through one such site.

“It was like we’d known each other forever,” she remembered.

***

Of course, many are already married before becoming Noahides, such as Peter and Val Loth, a couple that frequents Netiv.

They both grew up Christian, but as an adult Peter found out he was actually a Jewish Holocaust survivor who’d been adopted by a Polish family as a baby. Already married, Peter and Val started looking into Judaism, and they discovered that many did not consider their marriage valid. All of a sudden, religious Jews were telling them that they might need to get divorced. “It was scary,” said Val. Peter met Bryant at a church speaking engagement, and the Loths joined his study group, which eventually became Netiv.

They decided to remain married—“God brought us together for this purpose,” said Val—but life got complicated in other ways. Peter had from time to time spoken on forgiveness to church groups, but once he announced that he was religiously Jewish, speaking engagements dried up. Upon finding out he was Jewish before one speech, a pastor dropped Peter off at a McDonald’s, leaving him to find his own way back to his hotel.

Peter and Val aren’t alone in experiencing these problems; Netiv is a kind of support group for Noahides. “We stick together because we have to,” said Jackie Waer. Extended families rarely understand what’s going on, and that’s created rifts. Val Loth simply hasn’t told her elderly Christian mother, knowing it would break her heart. “Honoring her is leaving her in her little Catholic world,” she said.

Most people simply don’t know Noahides exist. Bryant remembers one time a Noahide group from Waco, Texas, took a trip to Israel for Sukkot and, for some reason, decided it would be a great idea to show up on the Temple Mount. A Muslim man approached them.

“Are you Jewish?” he asked.

“No,” replied one of the Noahides, who looked like a Hasid. “I’m a Noahide.”

“Are you an American?”

“No, I’m a Texan.”

“… OK, then.”

And when Noahides show up at Chabad houses or synagogues, saying they want to learn Torah, they’re frequently turned away at the door.

“What about being a light to the nations?” asked Bryant, the Netiv leader. “Where else are they going to learn Torah? At church?”

One thing about Noahides: They really, really want to be accepted by Jews.

“We all came from Adam and Chava,” Smith pointed out. “We’re all related, just with very big branches.”

***

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Ilana E. Strauss is a writer and filmmaker living in New York. Her work has appeared in The Atlantic, Heeb, GOOD Magazine, The Washington Post, Reader’s Digest, and The Toast.

Letter from Lubavitcher Rebbe נ’ע to the Rav נ׳ע before Shavuos

(hat tip Sh)

The letter and beautiful explanation is Here

I don’t have time to translate it but the Rebbe wishes Rav Soloveitchik a good Yom Tov using the language of his father in law the Rayatz which included accepting the Torah happily. When he came to sign the letter he explained the word happily ie בשמחה

The difficulty is we are meant to be in fear. What does the emotion of happiness have here. Based on a Gemora in Brachos, Rishonim and the language of the Shulchan Aruch HoRav, it is explained that fear most certainly has its place during learning Torah, but at three other stages the emotion of happiness is appropriate. One of these is on Shavuous when we accept the Torah.

The Rav, the Rashag, the Rayatz, and the Ramash (the future and last Lubavitcher Rebbe)

 

Klipas Nogah

What the heck is it? I use it in my iPhone email signature. One of my respectful readers asked me to explain what I meant by קליפת נוגה. To trace the concept historically, perhaps its earliest appearance is in the  זוהר חדש יתרו מ”ד ע”ב and I am happy to be corrected by those who live and learn these concepts regularly. I don’t understand Kabbalistic concepts and find them and Chassidus rather impenetrable. That’s just me. Nonetheless, we have Shulchan Aruch Orach Chaim 203 (hat tip RMS) telling us something very profound

אם אי אפשר לו ללמוד בלא שינת צהריים – יישן.

הגה: וכשניעור משנתו, אין צריך לברך “אלהי נשמה” (בית יוסף). ויש אומרים שיקרא קודם שיישן “ויהי נועם” (כל בו).

ובלבד שלא יאריך בה, שאסור לישן ביום יותר משינת הסוס, שהוא שיתין נשמי. ואף בזה המעט – לא תהא כוונתו להנאת גופו, אלא להחזיק גופו לעבודת השם יתברך.

וכן בכל מה שיהנה בעולם הזה, לא יכוון להנאתו אלא לעבודת הבורא יתברך, כדכתיב: “בכל דרכיך דעהו” (משלי ג ו), ואמרו חכמים: כל מעשיך יהיו לשם שמיים, שאפילו דברים של רשות, כגון האכילה והשתיה וההליכה והישיבה והקימה והתשמיש והשיחה וכל צרכי גופך, יהיו כולם לעבודת בוראך, או לדבר הגורם עבודתו. שאפילו היה צמא ורעב, אם אכל ושתה להנאתו – אינו משובח, אלא יתכוין שיאכל וישתה כפי חיותו לעבוד את בוראו.

וכן אפילו לישב בסוד ישרים ולעמוד במקום צדיקים ולילך בעצת תמימים, אם עשה להנאת עצמו – להשלים חפצו ותאותו – אינו משובח, אלא אם כן עשה לשם שמיים.

וכן בשכיבה, אין צריך לומר שבזמן שיכול לעסוק בתורה ובמצוות לא יתגרה בשינה לענג עצמו, אלא אפילו בזמן שהוא יגע וצריך לישן כדי לנוח מיגיעתו – אם עשה להנאת גופו אינו משובח; אלא יתכוין לתת שינה לעיניו ולגופו מנוחה לצורך הבריאות, שלא תיטרף דעתו בתורה מחמת מניעת השינה.

וכן בתשמיש האמורה בתורה, אם עשה להשלים תאוותו או להנאת גופו – הרי זה מגונה. ואפילו אם נתכוין כדי שיהיו לו בנים שישמשו אותו וימלאו מקומו – אינו משובח, אלא יתכוין שיהיו לו בנים לעבודת בוראו, או שתהיה כוונתו לעבודת הבורא או לדבר המביא לעבודתו.

כללו של דבר: חייב אדם לשום עיניו וליבו על דרכיו ולשקול כל מעשיו במאזני שכלו, וכשרואה דבר שיביא לידי עבודת הבורא יתברך – יעשהו, ואם לאו – לא יעשהו. ומי שנוהג כן, עובד את בוראו תמיד.

In other words there is a class of our actions that can be used for mundane/selfish or even sinful purposes but that group is not in of itself an irredeemable or innately bad category. It is a behavioural manifestation that depends on us. If we use it for good, it can be raised to holiness. If we misuse it, it can transform into a negative force.

When we consider many aspects of life, be they secular, seemingly mundane, or even holy, they can be a positive force or they maybe a negative sapping energy.
There are, of course, things which are innately evil or lacking קדושה and are simply impure. These are defined to us by Shulchan Aruch. But ultimately, many things are (in the words of a friend in Miami) Pareve. You can turn them into fleshig or milchig. What you do, depends on your intention and  actions: do you seek to have a positive emanating light or are you fooling yourself, or are you, God forbid, misusing what has been given to you.
iPhone, the internet, and other devices have been slammed by many righteous people and some Poskim. It is  my belief that they fall into the class of קליפת נוגה. In other words, they are not innately bad. They are a communication device but are able to aid in other ways. Of course, like many other appliances, they can be misused for the wrong thing(s). At the same time they can be a source of extreme קדושה.
In my own case the advent of the iPhone opened up a world to me that I would never have experienced. Although I am a musician, I have little music on my iPhone. I only insert the odd song that I need to learn for my band. Currently I have 50 Gigabytes of Shiurim on my iPhone. When I drive to work, and drive home, most commonly I am listening to a Shiur (and usually it’s from Rav Schachter). The internet as stored or accessible on my iPhone which is shining from a parve state to one which I have found  exalted. My own Posek was actually “sourced” from learning via my iPhone. I had the recent pleasure of spending a full day of Yarchei Kallah at YU, together my wife. and I had the merit of hearing two shiurim directly from Mori V’Rabbi Rav Schachter, and also spoke a little with him. The iPhone was the derech that I discovered him and his Torah.
Dayan Usher Weiss is another who I occasionally listen to. He knows me now. Just this week I spoke to him about a difficult Shayla which I became involved in, only because I was asked, and I knew that his standing would be able to influence those on the other end. (My son just brought back the second chelek of his Shaylos and Tshuvos for me).
To perhaps put the concept in more concrete terms. I will quote from a very good book I was given, named “GPS for the soul”, by Rabbi Nadav Cohen. It’s essentially a rewrite of Sefer HaTanya in a form that is palatable for simpletons like me. I haven’t read it from cover to cover, but do look therein when there is a concept that doesn’t cleanly penetrate my head due to the way it’s been explained to me before. Here is an embellished quote

From a verse in Yechezkel 1:4 “And I looked and  behold, a stormy wind came out of the north, a great cloud, a burst of flame, and a glistening (נוגה) around it, we learn there are four kinds of Kelipa (outer shell): “a stormy wind, a great cloud, a burst of flaming and a glistening (the latter is what I think is Klipas Noga)

These four Kelipot subdivide into two main groups: a lower level and a higher level. The lower level which is referred to as a stormy wind, a great cloud, and a burst of flame is called the three impure Klipot and they are responsible for infusing vitality into all forbidden things.

The remaining Kelipah (“a glistening“) is called kelipat nogah and  is responsible for infusing vitality into all permitted things-meaning, anything that isn’t forbidden or (already) a Mitzvah

Sefer Hatanya formally states (chapter 7)

קליפה רביעית הנקראת קליפת נוגה שבעולם הזה הנקרא עולם העשיה רובו ככולו רע רק מעט טוב מעורב בתוכה [שממנה באות מדות טובות שבנפש הבהמית שבישראל כמ”ש לעיל] והיא בחי’ ממוצעת בין שלש קליפות הטמאות לגמרי ובין בחי’ ומדרגת הקדושה ולכן פעמים שהיא נכללת בשלש קליפות הטמאות [כמ”ש בע”ח שער מ”ט ריש פ”ד בשם הזהר] ופעמים שהיא נכללת ועולה בבחי’ ומדרגת הקדושה דהיינו כשהטוב המעורב בה נתברר מהרע וגובר ועולה ונכלל בקדושה כגון ד”מ האוכל בשרא שמינא דתורא ושותה יין מבושם להרחיב דעתו לה’ ולתורתו כדאמר רבא חמרא וריחא כו’ או בשביל כדי לקיים מצות ענג שבת וי”ט אזי נתברר חיות הבשר והיין שהיה נשפע מקליפת נוגה ועולה לה’ כעולה וכקרבן. וכן האומר מילתא דבדיחותא לפקח דעתו ולשמח לבו לה’ ולתורתו ועבודתו שצריכים להיות בשמחה וכמו שעשה רבא לתלמידיו שאמר לפניהם מילתא דבדיחותא תחלה ובדחי רבנן. אך מי שהוא בזוללי בשר וסובאי יין למלאת תאות גופו ונפשו הבהמית שהוא בחי’ יסוד המים מארבע יסודות הרעים שבה שממנו מדת התאוה הנה ע”י זה יורד חיות הבשר והיין שבקרבו ונכלל לפי שעה ברע גמור שבשלש קליפות הטמאות וגופו נעשה להן לבוש ומרכבה לפי שעה עד אשר ישוב האדם ויחזור לעבודת ה’ ולתורתו כי לפי שהיה בשר היתר ויין כשר לכך יכולים לחזור ולעלות עמו בשובו לעבודת ה’ שזהו לשון היתר ומותר כלומר שאינו קשור ואסור בידי החיצונים

So, in summary, what I say in my “iPhone email sign off”, is that like the Television that is wheeled out each Motzei Shabbos in the Shule I daven at on Motzei Shabbos and is used to show DVDs of Torah, that TV is Klipas Nogah. It can glisten and shine and emerge from pareve.

Think of classical music, for example, it can be used to soothe nerves. It can’t be considered as forbidden in my world view.
I recognised the more right-wing sheltered types will see no glistening in such devices. הנח להם … I leave them to their philosophy with which I disagree.
Even the University education of the Lubavitcher Rebbe and the Rav, in my opinion was Klipas Noga. They used it to shed light and infuse the particular type of modern Jew for whom this was “the key”.

The Admor of Amshinov, Rav Sholom Shimon Kalisch זצ’’ל

In another blog I was asked to post the picture by a commentator, but I can’t recall the article! Anyway, I have in our dining room a picture of the Rebbe זי’’ע. I just took a picture of it with my iPhone. He was very well-known. In Lubavitch he is known because the Rayatz instructed his Chassidim, when the Rayatz was in hiding from the authorities, and unable to respond to their questions to only ask R’ Sholom Shimon. In addition, at the wedding of the last Rebbe, R’ Sholom Shimon walked into the Simcha in the wee hours of the morning while the Rayatz was saying a Ma’amar Chassidus. He must have sensed R’ Sholom Shimon had come in, because in a very rare occurrence, he actually stopped saying the Ma’amar Chassidus until the Rebbe from Amshinov had sat down. In Amshinov, there is also a tradition which I have seen written, that says there is only one sefer that has to be learned to understand all Chassidus, and that is the Tanya of the first Lubavitcher Rebbe.

Interestingly, I heard Rav Schachter saying that a Scholar is now working on an important Sefer comparing the Tanya to the Nefesh Hachaim of R’ Chaim Volozhin, the prime student of the Vilna Gaon (who did not sign the Cherem against Chassidim). The word is that he finds the thoughts and approaches close to identical. I also heard the Rav (Soloveitchik) say this, although he qualified it by saying that the differences are advanced and he doubts many actually understand the differences. The Rav was unique of course in the sense that he knew both those Seforim inside out, and had been taught Tanya by his Lubavitcher Melamed when a boy (but that didn’t matter because the Rav had a superior intellect, as is well known).

As for me, I know nothing about either! The current Amshinover Rebbe in Bayit Vegan,  is well-known as one of the Tzadikei HaDor. He doesn’t get involved in politics, and is a truly incredible Oved Hashem. My only connection is a nostalgic familial one, because my grandmother, Toba Frimet Balbin ע’’ה (née Amzel), who I loved very much and was the engine behind the Balbin family, was from Amshinover Chassidim. She and my Zeyda Yidel are buried in Israel, and I still remember Rabbi Yitzchok Dovid Groner ז’’ל speaking about her before her coffin left from Essendon Airport. Rabbi Chaim Gutnick ז’’ל told me that she used to bring him a present every Purim. I never knew that, and he told me they were all around his house!

PS.  I got this picture from Chayi Glick (nee Rotter), whose mother I believe stems from Amshinov and whom I cajoled incessantly to bring back the picture from New York.

IMG_0773

On the Aruch Hashulchan

A reader asked me what “caused” the Aruch Hashulchan not to remain the primary acharon for Psak, arranged according to the Shulchan Aruch but then be “overtaken” by the Mishna Brura as a source for final psak by many. (Mind you they don’t accept the Mishna Brura on skirt length and more, even if they accept him for Hilchos Shabbos)

This is largely due to the Hungarian Charedim.

They couldn’t accept

  1. His Psak that it was permitted to say Krias Shma in front of woman with revealed hair because today such a thing no longer titillates a male
  2. His Psak that Dina D’Malchuso Dina, following the laws of the land, especially vis-a-vis Mesira, are not germane because in many cases we live in a Malchus shel Chessed.

Of course, number 1 is factually true unless one is hermetically sealed. Unfortunately, number 2 is not only factually true but is the problem with today’s society in fearing going to authorities over especially heinous crimes and is infamous. There are those who want to claim that the Aruch Hashulchan was forced to write as in 2. to assuage the authorities and avoid the censor. I don’t know. But I do know, that if you live in a Malchus Shel Chessed, you have no excuses.

I like the Aruch Hashulchan very much because he starts with primary sources and for a very much part time learner like me, that is helpful.

The Mishna Brura has some issues which many still won’t acknowledge: it wasn’t all written by the Chafetz Chaim. Some sections were written by family, who openly acknowledge they didn’t agree with the Chafetz Chaim and therein is the source of some contradictions in the Chafetz Chaim. I have seen tomes trying to reconcile contradictions in the Chafetz Chaim, but they failed to realise that it was from two sources!

The Shulchan Aruch HoRav, who mainly basis his Psak on the Magen Avraham, is a masterpiece of prose. It is a pleasure to read and every word needs to be weighed carefully. Furthermore, he doesn‘t always pasken for Lubavitch, although he follows the Kzots and not the Gra in respect of shiurim and the like. His Siddur will often say what is for Lubavitch. The Chafetz Chaim has a strange habit of not quoting Shulchan Aruch HoRav in many instances for some reason, even though he easily outweighed those Acharonim who were quoted.Then again, I don’t know who is  responsible for that.

As a more modern sefer, I do like the Shearim Metzunoyim B’Halacha, and I bought it 32 years ago. I understand he’s a relative of Rabbi Braun, formerly of Tzemach Tzedek in Sydney and now on the Beis Din in Crown heights. He wasn’t a Lubavitcher. The Kitzur remains an essential part of anyone’s library.

The Chayei and Chochmas Adam are good but a little too brief for me and seem to have parts missing.

In a nutshell, that’s my answer to the reader. By the way, you can find Aruch Hashulchan online, re-typeset.

For Sephardim, it’s another matter. You have the Ben Ish Chai or you follow Rav Ovadya as in Yalkut Yosef.

And, anyone who doesn’t know, do yourself a favor and download the free ובלכתך ודרך from the Apple Store for your iPhone or iPad (you have to type it in Hebrew). It’s great. I know it sits on my iPhone but haven’t got a clue about Android.

Finally, while I have no affiliation with Rusty Brick, I like their products. They cost a little, and are vastly superior to the free versions of various things available from Lubavitch web sites. It’s important to support software companies who are trying to write good things of use!

Nice article by Shmully Hecht

See the original from the Times of Israel (which I reproduce) here. [hat tip MT]

I have no issue with Shmully’s thoughts except that

  1. R’ Chaim Volozhiner was not an opponent of R’ Schneur Zalman of Liadi. He in fact, while being the prime disciple of the Vilna Gaon, and the person who hand wrote the condemnation of Chassidim (Cherem) did not sign the Cherem!
  2. Rav Chaim Kanievsky is not a political person. He sits and learns and does little else. That this boor said “come and I will take you to Rav Chaim Kanievsky” does not mean that Rav Chaim was aware of agreed with the way he spoke or what he said. Rav Chaim is also a Mekubal who knows Kol HaTorah and if you look at what he signs, you will find dear Shmully, that he rarely if ever gives his own opinion. He is a humble man, who mostly says “if such a great person said X, then I (Rav Chaim, who he considers to be a “nothing” in his self-effacing way) join in. This is because he does not see himself as a leader.
  3. The one that you should be addressing is, in my opinion Rav Shmuel Auerbach, whose incredibly great father R’ Shlomo Zalman had more knowledge, feeling, sensitivity and greatness than his son by a country mile.
  4. As to the rest of them, and by “them” I mean ANYONE who can’t see the Godly soul of a Jew at all times (yes, this is something from Chabad that I am ingrained with) they will not change, not by your article or by our comments. The best thing that can be done is to work now with the Nachal Charedi and make sure it is the holiest battalion in the entire Army, and one which is a Kiddush Shem Shomayim BoRabbim. That, to me, is where ALL the effort should now go.
  5. The so-called “distaste” for those who aren’t yet frum (I loathe the word chilonim) is amongst the Religious Zionists as well. They too have much to answer for over the years in their preponderance with land over people. The two should have never been separated. Rav Froman ז’ל is an example of a Gush Emunimnik who was searing with love for others, just like Rav Kook. It seems though that hate is a catchy illness and love for others is an acquired and elusive taste.
  6. This has nothing to do with Brisk, save that R’ Meshulam Dovid Soloveitchik espouses similar views to that bigot on the plane, ironically his grandfather R’ Chaim Brisker was an even bigger Ba’al Chesed for a Jew than he was the Gaonic Genius of that generation. Check out his tombstone in the Warsaw Cemetery.

I write to you in your capacity as one of the leaders of the ultra-orthodox Jewish community of Israel, often referred to as the haredi movement.

On a flight last week from Israel to New York, I had a rather disturbing conversation with one of your of disciples. The individual was an ultra orthodox Jew and a successful Swiss real estate developer who resides in Jerusalem with his wife and seven children. He was on his way to New York for the wedding of a relative. I was returning home from Israel where I had spent the day attending the funeral of the father of a dear Israeli friend of mine from Yale, where I am the campus rabbi. I had met the deceased last year at his son’s wedding in Caesarea, where I was honored to officiate. On a subsequent trip to Israel I had put Tefillin on with this 77 year old man, preceded by an in-depth theological conversation about his Judaism and beliefs. On this return trip to Israel it was at the Shiva house where, upon meeting many of the members of my friend’s F16 squadron, a troubling conversation began. This was a conversation that crystallized on the flight back to New York while talking with your disciple.

Israeli air force pilots are in their mid-20s and 30s, a ripe time for young people to be seriously dating and in many instances newlyweds. It was ironic yet promising that despite being in the shiva house of my friend, we found ourselves discussing weddings and choices of rabbis. Here I was, surrounded by Israel’s bravest military officers, who held the most coveted spots reserved for only the brightest and best, that I began to hear about one particular pilot’s wedding. He had just returned from a trip to the US where he got married in a civil marriage ceremony in City Hall of NYC. He explained that he, like many of his friends, had done so because they had nothing in common nor any dialogue with the rabbis of Israel. I reminded him that on that particular morning we had witnessed three Israeli rabbis bury our friend’s father, a total stranger. I continued to point out some of the many great things rabbis were doing in Israel. In vain, I tried to shed some light on the rabbinate and build a bridge to this rather secular group of Israel’s elite.

Listening to him describe the gap that sadly divides the secular “chiloni“ and ultra-orthodox “haredi“ leaderships of Israel, I was dismayed and saddened by how far this split has actually wedged a division among our people. Could we have reached such a low point in our history that Jews living in our ancient homeland were flying across the world to avoid having to engage with our very own rabbis? How ironic I thought it was that I, an American rabbi, had flown to Israel first to marry and now bury a son and father of the most secular type of Israelis. Would this young pilot’s first encounter with an Israeli rabbi be at his own funeral?

Harav Kanievsky, I am convinced that the fault lies largely with us, the “religious,” and less so with them, the “secular. “ In fact I don’t believe there is an “us” and “them.” I was born a Chabadnik, where we are taught that there is only one Jew in the world. Yes, one Jew. But it wasn’t until the conversation with your disciple on my return flight that I began to comprehend the mindset that actually fuels this terrible divide. It is for this reason, and with hope of healing this terrible National wound, that I write you this letter.

“You look like a Chabadnik,” he started off, as he leaned across the aisle of our ElAL plane, “so tell me a story of your great Rebbe.” Not sure if I was sensing sarcasm or sincerity in his tone, I told him about my experience of once praying with the man I had just buried and how this person carried a photo of The Rebbe in his wallet for 20 years, despite claiming to be an agnostic. The truth is that “Rebbe miracle stories” were never really my forte, so I figured I would challenge him to a more serious theological debate in this final hour of our cross Atlantic flight. After all, I don’t get to meet many “haredis“ on the sprawling campus of Yale University. “What will you do about the pending proposed military draft?” I curiously asked my flight mate. “Well if it actually passes,” he said, “they will have to put a million of us in prison, for how can a pork eater, the son of a pork eater, tell us G-d fearing Jews to close the yeshivas and serve in the army? These Jews need to be despised and excommunicated for the way they treat the religious community.”

I was so shocked by the venom he was espousing in front of his wife and 16 year old son that I felt like stopping the conversation right there just to avoid embarrassing him. This verbal assault on the majority of Jews alive and the Jews who I consider my dearest constituents was not going to pass without a fatal blow. One, of course, I would have to deliver with love.

This man was by no means a Torah ignoramus, nor lacking in any level of sophistication. He was clearly a successful businessman, philanthropist, and learned Torah scholar. “I’m not sure you can blame a Jew for eating pork if that is what he was brought up eating,” I replied. It was an elementary response to such a loaded attack.

“After all,” I continued, “doesn’t your son [who was sitting next to him on the plane] eat what you eat?”

“How can you preach such hatred of a Jew,” I asked, “when the Torah explicitly says, ‘Thou shall not hate your brother in your heart’? Is that verse any less a part of the Torah you embrace?”

He replied, “well Esau, despite being the son of Isaac the patriarch, was the enemy of the Jews,” as if to suggest that any secular Jew had the status of an enemy. I explained that the Torah explicitly tells us that Esau and Ishmael had abandoned the ways of their parents’ home and clearly attained the status of another nation early in our history. To suggest that every non-observant Jew in Tel Aviv born to non-observant parents, or simply brought up in a non religious home, was now the enemy, was ludicrous.

His self-righteousness and arrogance was so revolting that I knew I needed to win this debate before we landed. I reminded him that the Jewish people were a family first and called over the flight attendant who was not wearing a kipa, and clearly the type of Jew he was critiquing. I asked the man if he believed we were all part of one family, to which he replied, “of course.” “If the plane went down at this moment,” I continued, “do you think your prayers would be any different than this gentleman? Do you really think your cry of Shema Yisroel would sound any different than his? Have you ever considered the probability of living parallel lifestyles should you have been born into his family, and he into yours?”

He would not concede. “The Finance Minister of Israel [he refused to mention him by name] is a pork eater, the son of a pork eater, and will suffer for the terrible anguish he is causing our community. He is no different than Jesus whom, though born to Jewish parents, is responsible for the murder of so many Jews through European history.” I reminded him that according to one account in the Talmud, Jesus left the seminary because of the lack of sensitivity of his Rabbi and perhaps that was why Christianity started to begin with. I reminded him of the commandment to love thy neighbor as you love yourself–to no avail. As I sat there I started to comprehend why my new friend from the squadron had flown to NY to have his wedding. How could he have any respect for Jewish leaders that did not officially declare this type of talk absolute heresy? Who could stomach this unapologetic self hatred by a “religious” Jew. All in the name of Torah and G-d!

But then I digressed and mentioned one of the greatest Rabbis in our collective history. Reb Chaim of Volozhin. He is, after all, the icon and example of Torah Judaism, who embodied the ultimate divine manifestation of Torah in a human being. In addition to being the crown disciple of the Gaon of Vilna and the author of Nefesh Hachaim, he was also the patriarch of the great Saloveitchik Talmudic family dynasty. So in a final attempt at reconciliation I asked:

What if I told you that the current President of Yale is named Peter Salovey, short for Saloveitchik? Though he is not particularly observant by your standards, he is a direct descendant of Reb Chaim. He is a dear friend of mine and despite being of the more secular type, he is extremely proud of his Judaism. In fact, he proudly quoted the great Mishnaic authors in his inaugural address as President of Yale. Do you know that he often engages in Talmudic discussions with me and others of the Yale community? Would you dismiss, excommunicate, and forsake the grandchild of the holy Reb Chaim of Volozhin in your self-righteous pursuit of an Israel that excommunicates the non-orthodox Jew?

It was at this moment that he got out of his seat and approached mine with an urgency. He finally realized what we were actually talking about. We were talking about that one Jew, the Jew that he could never forsake for it would mean forsaking Reb Chaim Volozhin. And so I got up and together we stood near the emergency exit door as he softly whispered these words into my ear, but more so into my heart and into my soul:

I envy you so much my dear Shmully, because in the merit of showing unconditional love to his grandson, I assure you that when you die, the great Reb Chaim of Volozhin will be waiting for you in heaven, and he will single-handedly open the gates of Gan Eden for you to enter.

These final moments of my flight were an absolute affirmation that there is hope for our people. I could not hold back my tears and replied, “how ironic, that upon my death, at the moment I would have to face my Maker, I would not be greeted, escorted, and defended by my Rebbe, Reb Schneur Zalman of Liaidi, the founder of Chabad, but rather by his opponent, the prize student of the Gaon of Vilna, Reb Chaim of Volozhin.”

And then he said, “You know, when you return to Israel, I’m going to take you to visit our leader the great Reb Chaim Kanievsky. I want you to tell him what we talked about.”

Rav Kanievsky, I don’t want to wait until my next trip to Israel. I will simply ask you what I asked him:

What would Israel look like this Pesach if you asked each and every one of your followers today to invite one non religious friend for Pesach? How amazing would it be if 1 million non orthodox Jews came home tonight and told their spouse that their religious friend or acquaintance invited them to their Seder? What if we reinterpreted, “all who are hungry may they come and eat, all who are needy may they come and enjoy Pesach,“ to mean, “not only the physically or materially poor but those less observant than us”?

Just as I’ve been assured that Chaim of Volozhin will be waiting for me in heaven, I sincerely hope Schneur Zalman of Lyadi is waiting for you. Let us hope there will be no need to imprison 1 million Jews but rather have 1 million more guests this year at the Seder.

I look forward to embracing you on my next trip to Israel.

Shmully Hecht is the Rabbinical advisor of Eliezer: the Jewish Society at Yale and can be reached at shmully@279crown.org

What aren’t there pluralist Shiurim in Melbourne?

I don’t mean pluralist in the sense of non Orthodox, or conservadox (aka Shira Chadasha).

I notice there are lots of Shiurim on Tanya. It is a very important work. I know that the Nefesh Hachaim came after it, and depending on who you ask it was written in response, or in parallel.

I’m interested in a Shiur from someone who knows both Tanya and Nefesh Hachaim inside out, and who is familiar with the Ramak, Tomer Dvora, and Maharal (of which much is based on).

My own knowledge is a rather old recollection of learning various Sifrei Maharal too many years ago.

Do such people in Melbourne exist, who are able to give such a Shiur, including comparative explanation, or is this the sort of thing which only happens along party lines.

I will note the Mori V’Rabbi R’ Schachter quotes both Tanya and Nefesh Hachaim at will and uses each in context as it relates to what he is saying (on other topics)

Can or should an Avel perform Bircas Cohanim (part 3)

I was touched, and appreciated by the fact that the Dayan, with whom I am having a respectful Torah discussion on this issue decided to read and follow up my previous blog in a publication dedicated to Yud Tes Kislev: the Yom Hillula of Rav Dov Ber of Mezeritch, the father of all Chassidic Rebbes, and the occasion of the freedom from a short incarceration by the great Acharon, the Shulchan Aruv HoRav and Ba’al Hatanya.

The Dayan felt compelled to respond because a failure to do so might imply that he agreed with me. Chas VeShalom! Much of the material presented was a previous listing of the same Mekoros brought prior,  which are well known. We know from whence the Ramoh recorded the Minhag Ashkenaz, and we are well aware that this is related to the the Maharam MiRotenbug and the subsequent line of students after him, who had had identified this same minhag during their time.

We are also well aware that Minhag can uproot Halacha; the implication being that the Tri-Torah command of Bircas Cohanim can theoretically be supplanted by a Minhag. None of this is new and added no more to the discussion in my opinion. It is not a universally accepted anyway in this issue, despite the quotation of chosen latter day Acharonim. I’m surprised the Kitzur was quoted as a source. From the Hakdama of the Kitzur, we know his methodology of Psak, based on three acharonim. In my opinion, that adds nothing either.

It is important to note that the Dayan misquoted some of the sources in his original article. Indeed, a careful reading of these shows an omission of important facts. This will be expounded upon in due course. Much to my sorrow, I don’t have the time in the day to do such things in the proper academic way. I would have liked to be בבית ה׳ כל ימי חיי but it’s not my current Goral. I can’t wait till I can spend more time learning, and conducting shiurim. I have seen some of the material in its full form, and not the quoted parts in the Dayan’s original article, and it is clear and compelling and is somewhat not consonant with the Dayan’s proof.

As pointed out by the Gaon R’ Yekusiel Farkash in his Klolei Piskei Admor HaZoken, where there is no minhaga individuals need not  follow or adopt a Minhag (even quoted by Admor HaZoken). Perhaps the Dayan will consider Rav Farkash’s comments as invalid. I don’t know. Rav Farkash is a very widely accepted expert. Having heard his Shiurim, and read some of his Sforim, he is clearly a deep and careful thinker. If so, perhaps the Dayan should write to him. I might.

Ironically, the Dayan garnered some support from the Giant, R’ Yosef Dov HaLevi Soloveitchik inter alia. What the Dayan didn’t tell us is that the Rav Soloveitchik himself stated that an Avel should Duchen! This was also the opinion of his illustrious and legendary grandfather, the famed and revered Gaon, R’ Chaim Brisker. These are giants of the last few generations who knew the Ramoh and those who preceded him, very well. Admittedly, they aren’t as influenced by Acharonim, but this is an accepted mode of Psak. As the Rav once said when someone tried to tell him that his Psak was not the same as the Mishne Brura.

“Nu, I am an Acharon, and I have a license and may certainly argue. I don’t force anyone to accept my Psokim. If you want to follow the Mishne Brura, go right ahead.

Indeed, we don’t need to look to Brisk/Lita. We can simply list many examples where the Ramash (R’ Menachem Mendel Schneerson) instituted Minhogim against the explicit ruling of the Admor HaZoken. A famous example is the Ramash’s campaign to ask females to light Shabbos candles before they were married. We all understand why he did this, and what a wonderful initiative it was, however, if we are to remain unfaltering fidelity to the Admor HaZoken and the Rishonim and Acharonim who preceded him, this is against the Psak of the Admor HaZoken and yet is accepted. One couldn’t imagine the Dayan quoting the Ramoh or similar to the Ramash and saying “you are contradicting an open Admor HaZoken”. Sure, all manner of justification has been tended about that Takono, but if we are to be intellectually honest, the Psak of the Ramash, which he is most entitled to enact as a Gadol B’Yisrael of the last generation, amounted to an expression consonant with exactly what Rav Farkash expressed. The Dayan knows there are many other examples of this type.

It is simply amazing when one reads that the Dayan is untroubled about the fact that the Avel can be involved, no, is enjoined to be involved in public expressions of Simcha during a Yom Tov, and yet on the matter of a blatant and obvious example of Aveylus D’farhesya, the Dayan resorts to a quasi-Hungarian mode of Psak, which is as immovable as Chadash Assur Min HaTorah, even if we don’t understand the reason. I am reminded of the (incorrect, according to many Poskim) Psak of the B’eer Moshe, the Debreciner, who said that any form of Bat Mitzvah celebration is Chukas Ho’akum and the act of Reshoim! This is of course plain wrong on many accounts, and has been shown to be so by many Acharonim, but it is indicative of the type of lack of response that the Dayan tended in respect of this issue. To say that once a Cohen leaves the Shule before Retzeh, there isn’t Farhesya, is incomprehensible! Farhesya has nothing to do with Akiras Raglov and the technical ramifications of someone who didn’t leave. Well before that, people ask me for special requests, and of course Cohanim leave the Shule to wash their hands! Everyone, especially in Lubavitch where they are Makpid to bring babies to get Birkas Cohanim, are most serious about this Mitzvah. To me, it not only allows me to be a conduit, but my ability to obtain a Bracha, something one especially craves in a year of Aveylus, is negated if I don’t perform it! Now that makes me sad!

Interestingly, Rav Marlow paskened explicitly that a Cohen Avel who finds himself in Shule at Birkas Cohanim, and was unable, or perhaps forgot, or was pre-occupied, MUST Duchen on Yom Tov. I heard this directly from a completely trustworthy source. It would be Aveylys D’Farhesya. Now, Crown Heights is a different scene to Melbourne’s comparatively empty Yeshiva Shule where there were only four Cohanim. The Cohanim are like rare movie stars! How could the Avel Dyuchen? He isn’t (can never be) B’Simcha UveTuv Levov! According the the Dayan, this alone seems to be the only relevant factor!

Next we need to consider the Dayan waving his hand regarding my argument that someone who has already Duchened multiple times, according to the Psak of (Chabad) Rabbonim who do not agree with the Dayan, imbues no important ingredient to the situation. Really? Imagine the following scenes:

A Cohen sits in the Dayan’s Shule, and has the well-supported custom not to sit in his usual seat. Should the Dayan instruct the Avel to go back to his seat as it is Minhag Chabad? I witnessed no such thing at Yeshivah. I saw some who did and some who did not. It was up to the Minhag of the Avel. Aveylus, is most definitely tied to subjectivity and personal Minhag. To dismiss those because there exists another Minhag not favoured by the Ramo, is ingenuous.

What of an Avel who dances B’Simha on Friday nights around the Bima during L’Cha Dodo (a minhag I haven’t seen brought in the Ramoh or indeed the Shulchan Aruch HoRav). Chadoshim LaBekorim? Should a Dayan intercede and advise the Avel that he is doing the wrong thing? What if the Avel retorted that he does this every Shabbos, and if he stopped it would be Aveylus D’Farhesya? Maybe we can use a guitar for Kabolas Shabbos if we raven early enough?

(Personally I don’t understand the new hanhogo of dancing in the middle of davening, even if it is before Barchu. Is this what Admor HaZoken paskened or approved?)

What of an Avel who refuses to do Hakofos as brought by many Acharonim. He saw this from his own father. I personally witnessed the Dayan’s father in law and brother in law encourage Hakofos by suggesting that they do so together with a few people who surround him. If the Avel doesn’t feel comfortable adopting this approach would the Dayan say that the Avel has done wrong and that he must adopt Minhag Chabad?

Dismissing the powerful arguments of the Gaon as not being necessarily consonant with Admor HaZoken, is fair enough, although I didn’t appreciate the tone of the sentence in the Dayan’s article. (On the other hand, for example Zman Krias Shema the Gra and Admor HaZoken do agree). One may choose not to follow the Gro and the Beis HoRav after him, as mentioned above, that is, those who share the Gra’s insistence that there is a Bitul of three positive Torah commands. But it becomes somewhat different when someone insists that in his Shule, a Minhag HaGro on Hilchos Aveylus cannot be practiced by an individual! Are we still in the time of the Cherem on Chassidim? Perhaps there is now a Cherem on Beis HoRav? Was it not the Ramash himself who said to the Rav (on Yud Tes Kislev?) that when they two got together as the Dor Hashevii of each of their illustrious lines of Beis HoRav that Moshiach would come?

Is there indeed a “Minhag Chabad”. We know very well that the psak of the Shulchan Aruch Admor HaZoken, doesn’t necessarily constitute Minhag Chabad at all. Many Chabad Rabonim duchen! It is a hazy issue, at best. Those Rabonim cannot be dismissed. They include Rav Hendel of Migdal Emek, and he writes about Chu”l.

Indeed, the Ramash expressly said that he would like to re-institute Bircas Cohanim each day in Chutz La’aretz, like Sephardim, but he doesn’t have the “ability” to do so. That in of itself is a puzzling comment. He could have instituted it in all Chabad owned/led Minyanim? Perhaps he felt he needed the agreement of other Gedolei Yisrael. I do not know.

Next, we move to the issue of “what if”. What if a Cohen Avel does duchen. He may have done so because he assumed it was Minhag Chabad anyway in that Shule, or he may have done so because he knew it was most definitely a valid approach as quoted (and ignored by the Dayan) in the Nitei Gavriel where he states that “most chassidim DO Duchen in Chutz La’aretz as Aveylim on Yom Tov. I wonder whether the Dayan will respond in a vitriolic fashion and raised voice against such Chassidim and tell them “It’s an open “din” in Shulchan Aruch HoRav or the Ramo”. To use the style of argument the Dayan has used “they know the Ramoh’s opinion” and yet they Duchen! How can this be? It’s a Minhag the Ramoh quotes, remember.

Next we move to the issue of: okay, an Avel just does it. Nu, so what happens to the Birkas Cohanim. Is it invalidated? If he is the only Cohen and does so, is it a Bracha Levatala. According to the Mishna Brura it most certainly is not. Does the Alter Rebbe say that a Cohen who does so is making a Bracha Levatala and/or his Bracha is useless?

The Dayan sets the Halachos of a Shule and answers the questions of those who seek his Psak. It isn’t at all clear, however, to me that the Dayan should seek to impose a Minhag, albeit based clearly on the Ramoh on someone who has Duchened, and castigate a person for doing so! Is there a Din Macho-oh here? I think not.

Hilchos Aveylus have limits on their objectivity. Much is subjective, and changed and changes with time, person and circumstance. As I pointed out to the Dayan, why didn’t he issue a Psak saying that Aveylim should not attend the Simchas Beis HaShoeva Farbrengens each night, with food and drink and great merriment. Furthermore, if an Avel did not do so, would he approach them and say that it’s “Minhag Chabad” to attend, and therefore you should attend. What is the Avel doesn’t feel comfortable! Is he saying that they aren’t B’Simcha? Shomu Shomayim!

Finally let me open up the can of worms which relate to an unmarried man (who is also NOT considered B’Simcha according to Shas Bavli and Yerushalmi because he isn’t married). The Dayan is well aware that this is a Minhag in Hilchos Aveylus which has definitely fallen by the way side, ואין פוצץ פה with convincing argument. The Shulchan Aruch HoRav has chosen not to give credence to the Kabala on this issue (and on the issue of Duchening). That of itself requires elucidation and an article of its own. He is of course perfectly entitled to do so as a most respected Acharon.

There is more, but this will do, for now. I am no Posek, but on such touchy issues, where the הלכה is כמיקל באבילות and there are many bluff procedures in place to enable simcha participation, I would (as has always been the case at Yeshiva) leave each Cohen to do as they see fit (unless they ask for a formal Psak Din from the Dayan/Rav, as was the case of the Rosh Yeshivah, Rabbi Cohen, for whom there couldn’t be a bigger Aveylus D’Farhesya!).

I’m afraid I didn’t see answers to the powerful arguments laid out by R’ Shlomeleh Vilner despite the claim from the Dayan, that they were answered. Perhaps its my ignorance.

PS. If one can’t see the connection between happiness and the ability to proffer love in a Bracha, then I’d have to say they were somewhat Misnagdic; it’s not a chassidic approach.

PPS. I followed the Psak of Mori V’Rabbi R’ Schachter, and avoided the Shule on Shmini Atzeres and Simchas Torah so as not to cause a Machlokes, and so in no way did I ignore the practice the Dayan wanted to see uniformly applied to all decreed unhappy Cohanim. As such, this really is a theoretical discussion, LeTorah U’Lehadira.

Can or should an Avel perform Bircas Cohanim: Part 2

Following on from what I had blogged here, a learned article appeared in הערות התמימים ואנ’’ש regarding this issue. A copy of this article was given to me בכתב prior. The author traces back the sources of the Minhag not to duchen as described by the רמ’’א. There are no surprises there, as there are no surprises in naming two students of Maharam of Rottenburg describing the same Minhag.

Unfortunately, whilst the learned author wrote about the general question, he chose not to consider the specific question that initiated the discussion and the article.

[By the way, the editors of that publication do no service when they are careless in their production. There are many printing errors in the article]

  1. What should a Cohen/Avel who has already duchened 9 times as an Avel for halachically valid reasons in a non Chabad Shule do when entering a Chabad Shule for Davening on Yom Tov? Given that the Gavra already has found himself in a position of Simchas Yom Tov that enabled him to Duchan with no issue, and with love, should he dispense with his existential Simchas Yom Tov, and assume he isn’t psychologically capable of a Bracha KiPshuto?
  2. When the entire Shule is aware of the specific issue, and there is no greater Farhesya, than 25% of the Cohanim effectively leaving in the guise of a single person, with everyone knowing the reason, how can that at all be reconciled with Hilchos Aveylus! How are we to understand Aveilus D’Farhesya? I note that Rabbis Feldman, Blesofsky and all the Gutnicks, did Duchan because they are Rabbonim, and if they had snuck out of  Shule, it could be argued that this is forbidden explicitly on account of Aveilus D’Farhesya, a basic tenet of all Hilchos Aveylus on Shabbos and Yom Tov.
  3. In a situation where a Cohen did Duchan, because he was not aware of “Minhag Chabad” (something that is not clear ) is it correct that the Rabbi explcitly not issue forth “Yasher Koach” in the same way that he always does?
  4. It cannot be argued that “one doesn’t pasken against a Minhag mentioned by the Ramoh”. We all know that not only do Acharonim do that even with a Din! Even within Chabad, the Shulchan Aruch HoRav refined his Psak through the aegis of the Siddur. One can play with words and say that the Shulchan Aruch HoRav didn’t change anything, but he most certainly didn’t always “go with the Ramoh/Magen Avraham” alone on each and every issue.
  5. The last Lubavitcher Rebbe himself found it appropriate, in our day and age to encourage, for example, younger girls to light Shabbos Candles, even though this is against the Shulchan Aruch HoRav. How so? I’m sure it’s discussed, but in the end he did decree thus, for what he saw were good reasons.
  6. I heard from an extremely reliable Rav, that Rabbi Marlow of Chabad ז’ל had paskened that if the Cohen leaving would cause Aveylus D’Farhesya (be noticed, or that he found himself in the Shule at that time) then he should duchen. If on the other hand, he could “slip out unnoticed” as a regular Cohen who perhaps required Tevilah would do, then he should.
  7. In what way is there a proof that the situation of Cohanim is the same as at the times of the Ramoh and thereabouts? How many Shules have so many Cohanim that you simply don’t notice if one is at Shule and doesn’t go up?
  8. I’ve been to the Ramoh’s Shule, and no doubt they didn’t Duchen. It’s tiny. Then again, I’d imagine the Shule was packed to the rafters and various Cohanim who weren’t necessarily regulars turned up, especially on Shmini Atzeres and Simchas Torah.
  9. Despite the fact that Chabad owes no “allegiance” to the opinions of the Vilna Gaon in his glosses on Shulchan Aruch, the Gaon does opine that one should duchan and not annul three D’Oraysos, despite the Minhag described by the Ramoh. The Gaon’s  opinion (which is identical to the Mechaber) is identical to R’ Chaim Brisker, and R’ Yosef Dov Soloveitchik. The Nefesh HoRav, who is Mori V’Rabbi, R’ Hershel Schachter, and is mentioned in the article, was simply quoting these views as well as the incredibly deep and vast Tshuva on this matter from the Dayan of Vilna, R’ Shlomoleh ז’ל in his Responsa.
  10. The author “bet me” that the Nefesh HoRav held that one should not Duchen. I disagreed and took the bet. What the Nefesh HoRav did tell me was to avoid Machlokes, and so I stayed away on Shmini Atzeres and Simchas Torah (and duchened elsewhere) where ironically I was one of three Cohanim!
  11. Finally, I’d be interested to know whether according to the author, it is proper that Cohanim aren’t happy enough on Yom Tov to be a conduit for Bircas Cohanim, and yet, as Avelim, they are permitted to attend parties known as Simchas Beis HaShoayvo, where there is food, drink, merriment and Torah. Is this a Chiyuv for an Avel? When I asked this question, I was met with anger. Sure, any Seuda can be turned into a Seudas Mitzvah with Divrei Torah (and according to some opinions just singing). Would one conclude that the Ramoh et al and the Shulchan Aruch HoRav would say it’s fine to attend a Mishteh V’Simcha as an Avel, but despite the fact that the person has Bosor V’Yayin, one should assume each and every Cohen has a level of sadness that they couldn’t possibly bench B’Ahava?
  12. If they can’t be B’Simcha, I guess the Basar and Yayin are also a waste of time?
  13. What is the Minhag in Chabad when there is only one Cohen (an Avel)? Is there no Duchening? Why yes? What about the Aveylus/Sadness. It’s existential, no?
  14. What is the Minhag in Chabad when there are only two Cohanim (one who is an Avel) (See Mishne B’Rura 575:159)

In the end, like most Hilchos Aveylus, as explained to me by Rav Schachter, most are about intentions and feelings and motivation. If a person intends to immerse, for example, in a Simcha event, or similar, for the purposes of getting “happy” and/or “enjoying oneself” then it is forbidden (except where there are matters of Tzaar — pain — involved through acts, and only in certain situations). The Halacha of Aveylus is deeply personal, and I would have no problem with a Cohen/Avel who just didn’t feel right not doing duchening. Some refrain from Aliyos! Yet, others, run for Maftir each week and seek to Leyn as well.

I don’t need to mention the Nitei Gavriel who says that most Chassidim do Duchan.

Would it be so far fetched for a Shule to have the policy:

  • it’s not our minhag to Duchan, but if you feel up to it, go for it

or

  • it is our minhag to Duchan, but if you don’t feel up to it, slip out unobtrusively if you are able.

They certainly find workarounds for the parade of Hakafos!

I spoke with a number of Rabonei Chabad who said that even in the diaspora, they did not enforce any Minhag not to Duchan.

Enough on this topic from me.

Disclaimer: it is not at all my intention in any way to give the impression that I am detracting from the Psak of the author or his right to do so. This is Torah, however, and we are committed to learning and understanding from the one who chooses all his people ּבאהבה.

Can or should an Avel perform Bircas Cohanim?

The laws of mourning are those which one customarily does not teach their child in respect of the Torah command to teach Torah to one’s children. It is not part of a School curriculum, and is normally the domain of a Rabbinic curriculum, as these laws often need instant answers with unfortunately little warning.

God should make sure that all those who know nothing about the laws of mourning remain clueless and  בלע המוות לנצח—may death be disposed of from our world, for ever. Indeed, let me take this opportunity to wish all those in need of a רפואה שלמה that therapeutic redress be imminent and complete.

In my personal situation, after the passing of my dear father הכ’’מ, I was in the somewhat unusual situation of needing to lead the congregation on Yomim Tovim. This is permitted by the Poskim in certain situations. In my case, there were at different times three separate reasons to permit it. I did not find leading services on Pesach or Shavuous as difficult as Rosh Hashono/Yom Kippur. Some of this was due to my state of mind. Specific piyyutim, not limited to בראש השנה יכתבון and אדם יסודו מאפר, represented a challenge in terms of me maintaining a controlled comportment. On the other hand, I have been less in control of my emotions during Tefillos during years when I was not a mourner, so it wasn’t anything too unexpected. It is not contraindicated, and if anything, perhaps, just perhaps, God, above, may consider me a worthy representative of the congregation whose prayers I led and lead.

A sad fact about our congregation is that those Cohanim, for whom the opportunity to bless the people באהבה with love was something they would never miss, have now departed this world, especially of late. My father was one of these. Apart from the Rabbi who is also a Cohen, and one or two others, the Duchan for Cohanim was an expansive area. I remember where, pardon the pun, it was “standing room only”. In the early days, I’d snuggle between my father, Mr Blass ע’ה and Mr Erdi ע’ה. Later, my sons, Tzvi Yehuda and Yossi would do likewise. These days, there is easily enough room for another 50 Cohanim to stand on the Duchan and bless the people, as per the Torah command (some say that it’s 3 Torah commands, corresponding to each specific formulaic blessing that should not be said in another language, and should not be changed one iota). I reiterate that many Poskim contend that it’s a Torah command to bless the people (הגר”י עמדין, במור וקציעה סי’ קכ”ח, כתב שנשיאת כפיים בזמן הזה היא מדרבנן). Indeed it is important that the volume of the Bracha be something that binds the Cohanim with the people. A large crowd with few Cohanim means they really should “belt out” the Bircas Cohanim (according to the Beis Halevi if I’m not mistaken, when discussung a pilpul of Shomea K’Oneh and Bikurim and Duchening). Originally, the Beracha was said after the bringing of the Korbanos on the Shmini LaMiluim; today we daven instead of bringing Korbanos).

Outside of Israel, many/most Ashkenazi communities only do so on Yomim Tovim. Some Sephardim also do so each Shabbos. When I used to visit Bombay, I was the celebrity Cohen. None of the native Bene Yisrael were Cohanim, and the remaining elderly Jews of Iraqi descent were also not from B’nei Levi, let alone Cohanim. Similarly, when I was in Singapore for Shabbos, the custom was to perform Bircas Cohanim on Shabbos as well. In Singapore, the Ashkenazi Cohanim performed the Priestly Blessings, even though it was a Sephardi Custom. We were, after all, in a Sephardi Shule. One could cogently argue that this was also the “custom of the place” מנהג המקום. Singapore (like Amsterdam, for example) has always had the custom to Duchen on Shabbos as well as Yom Tov.

It would be an interesting question whether a new Shule made up of those of Ashkenazic descent, should continue Minhag Singapore or refrain from Duchening on Shabbos.

Getting back to me leading the davening as a Cohen, there is a disagreement among the Poskim whether a Cohen leading the service should stay silent or whether he should join the other Cohanim and utter the priestly blessings during the repetition of the Amida. One can find both opinions, and much has to do whether the Cohen will get mixed up switching roles. In our Shule, the Cohen does Duchen, and in fact, I find it an opportune moment to actually catch my breath. On Rosh Hashono and Yom Kippur, I’m exhausted at that stage, and having a regular Yisrael leading the calling of the special blessings, and only having to answer, is something I find quite easy. The Rabbi of our Shule does likewise, and he is a Cohen. This seems to be even more important now, where there is a veritable dearth of Cohanim.

In summary then, during the year of Aveylus after my father, I had already duchened on Pesach, Shavuos, Rosh Hashana and Yom Kippur.

Over the last few weeks I’ve endured a stubborn virus (at least that’s what I think it was) which thankfully only affected my voice in a minor way on Yom Kippur. I didn’t fancy the longer trek to where I normally davened, and instead attended services at a closer Shule which follows Minhag Chabad. I daven Sefard anyway, and have a seat there, and am certainly no stranger to that Shule. Well before Retzeh, as is the custom among some fellow Mispallelim at this Shule, I am asked “have me in my mind please” and so on. In fact, the revered Rabbi Groner ז’ל always asked me to remember יצחק דוד בן מנוחה רחל and I had the merit of being the last Cohen to give him ברכת כהנים before he passed away from our world. I mention this, because there is and was already an expectation that I was to Duchen, well before uprooting myself prior to Retzeh, let alone upon hearing the clarion call “Cohanim”.

So, up I went on Day one of Succos. Even though this was the major Chabad Shule in Melbourne, there were only a paltry four Cohanim, of which I was one. I didn’t think twice about it. It is one of the joys of my life to be chosen, al pi chazaka as a Cohen, to use those specific words to bless everyone באהבה with love. Furthermore, I was one of a number; I wasn’t the only Cohen. In fact on Simchas Torah, I also give Bircas Cohanim to anyone who has missed it (although the Dayan once told me that it was B’aal Tosif, which after checking  I could not understand in any form). It’s Ba’aal Tosif is you add a new ברכה, not if you repeat the same formula, but I digress.

Normally, when I descend, there is the usual cacophonous יישר כח כהן and this extends to Rabbinic authorities in the Shule whom I pass on the way back to my seat. This time, however, it was different. The Dayan of the Shule, instead chose to alert me to his view as was “an open din in Shulchan Aruch” that an Avel shouldn’t Duchan on Yom Tov. I asked how it was possible for me to have already duchened on earlier Yom Tovim and been expected to duchen only to now bow out in a manner which could only be described as a דבר בולט, or in other words, an explicit אבילות דפרהסיה, לכאורה. He said that was another Shule.

The so-called “open din” in Shulchan Aruch או’’ח קכח didn’t appear that way to me, when I looked at it at lunch time. Instead, it looked as if the Mechaber was describing the Minhag in Israel (which obviously also affected Sephardim on Shabbos outside of Israel) whereas the Ramoh described the custom במקומות אלו, which one presumes to be the Minhag that the Ramoh experienced in Ashkenaz. What was the reason for the Minhag in Ashkenaz, as also paskened in the Mishna Brura and of course the Shulchan Aruch HoRav (with just a very slight difference)? I will leave side-reasons of immersion before Duchaning to one side. Of course, Chabadniks immerse every day (or ought to). Others, such as בעל כנסת יחזקאל םי׳ י״ב (see also (ליסא) דרך החיים)) disagree with the Ramoh.

The Kitzur Shulchan Aruch was more emphatic

אבל תוך שנים עשר חודש על אביו ואמו או תוך שלשים על שאר קרובים אינו נושא את כפיו, וצריך לצאת מבית הכנסת קודם רצה עד אחר נשיאת כפים. ואם אין בבית הכנסת שני כהנים אחרים, מותר לאבל לישא את כפיו תוך שנים עשר חודש על אביו ואמו ותוך שלשים על שאר קרובים, אבל תוך שבעה, כגון הקובר מתו ברגל, אפילו אם אין שם שני כהנים אחרים אינו נושא את כפיו.

The primary reason for not allowing the Cohen to Duchan, was because as an Avel I’m not considered שרוי בשמחה (steeped in שמחת יום טוב see מטה משה סי’ קצ”ח) to the extent that I would be able to effectively make a Brocha באהבה and repeat the Bircas Cohanim together with the three other Cohanim.

בתשובת מהר”ם מינץ כתב: “וכן ראיתי בחנוכה, בלילה הראשונה מתפלל האבל, אך להדלקת הנרות שיש בהן ברכת שהחיינו שראוי לברך מתוך שמחה, יש מהנזהין ואמרין דאחר דלאו אבל ידליק הנרות, וכן זכרוני בהיותי במענץ שהיה מהר”ר זוילין ז”ל אבל על אביו והתפלל בערב חנוכה, והיינו נושאים ונותנים בדבר אם האבל ידליק ג”כ הנרות או אחר שאינו אבל, ונשאר המסקנא שראוי ונכון שאחר ידליק הנרות, וכן נהגתי אח”כ בכל מקום מתוך אגודת חבריי ורבותיי”. ועיי”ש שדימיהו לאבל באמירת הלל בר”ח. ולפי”ז הרי הוא הדין בכל מקום שמוציא אחרים ידי חובתם וכגון במקרא מגילה.

This Mahari Mintz on which the Magen Avraham סימן תקנ”א ס”ק מב  appears to be  based, restricted his view to when the Cohen was a Sh’liach Tzibbur who alone was מוציא אחרים, as opposed to the Magen Avraham in Hilchos Nesius Kapaim, as referred to in Shulchan Aruch HoRav and the Mishne Brura.

בשו”ת מנחת אלעזר (ח”ב סימן לב) כותב בתו”ד “ורק לענין הדלקת נרות בבית הכנסת בחנוכה שזה אינו חיוב כלל על עצמו של כל אחד ואחד, רק משום פרסומי הנס בצבור נהגו כן, והמצוה העיקר להדליק בביתו, על כן כיון שברכת שהחיינו בנר חנוכה בביכ”נ הוא רק בעד הציבור לשמחה ולזכר הנס, הנהיגו שיברך אחר שהוא בשמחה, משא”כ האבל שאינו בשמחה, אבל בקריאת המגילה שהוא חיוב על כל אחד ואחד לקרות בציבור דוווקא, והברכת שהחיינו על המגילה בצבור גם האבל מחוייב בה בביהכ”נ בקריאת המגילה, והוי כמו הדלקת הנרות בביתו דלכולי עלמא מברך האבל בביתו כמבואר בשו”ע שם, וגם יוצאים בני ביתו בברכת שהחיינו שיברך בביתו בנר חנוכה, וכן הכא [במגילה] אם אחר יברך והוא האבל שומע כעונה ועונה אמן , הוי הוא גם כן המברך, וכיון שהאבל מחוייב בעצמו לברך הברכה בביהכ”נ במגילה, גם האחרים יוכלו לצאת בתורת שומע כעונה, ודו”ק”, ומסיים בענין שאלתו אודות זה “שהוא רגיל ומוחזק לקרוא את המגילה בצבור בביהמד”ר דקהלתו, ועתה שהוא תוך י”ב חודש על אביו ע”ה ונפשו בשאלתו כדת מה לעשות, ואם יברך שהחיינו”, ע”ז מסיים בהמשך להנ”ל, “ע”כ הבו דלא להוסיף עלה במה שמצינו בט”ז סי’ תרעא לענין ברכת שהחיינו רק בחנוכה, ולא לענין פורים כנזכר, ובפרט שהוא קורא תמיד בכל שנה ושנה”, ועיי”ש מה שכתב עוד שגבי הרגיל בקריאת המגילה בכל שנה, הרי כשלא יקרא הוה אבילות בפרהסיא דיש לחוש ע”ז מדינא.

I was to learn that a number of Chabadniks in חו’’ל had duchened while they were in Aveylus, and that was according to Piskei Din of Chashuvei Rabonnei Chabad. I tried to remember what Rabbi Groner ז’ל had paskened for my father, and I do recall him being uncomfortable with my father standing alone during Hakofos, and suggested that someone go around with him in a type of Mechitza so that he wouldn’t technically be part of the Hoshanos Parade. To the best of my ability, I cannot, however,  recall what my father  have did for Duchening. Certainly the Rav of my father’s Shule, who was also a Cohen, and his own children, who were also Rabonim, duchened during their Aveylus.

On the next morning, the second day of Succos, I approached the Dayan of the Shule, and asked him whether it was true that he paskened that Chassidiei Chabad could attend Farbrengens for Simchas Beis HaShoeva during their year of Aveylus, and whether he agreed that it was incongruous for Simchas Beish Hashoeva Farbrengens, with the singing, merriment and drink (and Toras Hachassidus) there was no impediment for a Chasid who was an Avel, and yet for the Avel who felt that he had absolutely no problem expressing אהבה through the Bracha, and for which the זכות resulting from Hashem was ואני אברכם he would theoretically deny me the opportunity to perform Bircas Cohanim. I asked him, that despite the Minhag quoted by the Ramoh, whether there was  actually an established Minhag in the Shule Itself where the Rav would make it his business to inform Avelim that they should disappear early enough before so that they would not have to be in the Shule for Duchening. He was not happy with my line of questioning, and gave vociferous voice thereto. In the end, he passed on a message through a Gabbay that he would “prefer I would not Duchen”.

At that point, I decided to do what my father would have done—run away from Machlokes, and leave early enough so that people wouldn’t even mention “have me in mind”. I know that many were disappointed and that they felt that, like הושענות and many dinim of Aveylus, this was a personal הרגשה, and that it was not quite right to tell someone effectively, your level of שמחה (even with בשר ודגים and ביום שמחתחם) wasn’t enough to effect Brachos as an agent of Hashem.

I did find that the Aruch Hashem of Navardok seemed to be equally troubled by the concept of being מבטל an עשה or three over such a matter, and to paraphrase him, he could not understand what was wrong. Perhaps this is a Litvishe thing. The Biur HaGro (who also saw the “open Shulchan Aruch”) as did the פרי חדש and others also felt that one should not interfere with the Avel and let him go his way depending on how he felt. According to the encyclopaedic Rav Gavriel Tzinner, this is also the practice of “all” chassidim and the view of the Griz, although he doesn’t bring a specific Mekor for those assertions. When he is next in Melbourne to examine the Eruv here under his Hashgacha I may well seek him out for sources for these statements.

I was unable to unearth a specific מנהג חבד on this matter, save the Shulchan Aruch HoRav quoting the Ramoh and then Magen Avraham in his usual manner. That per se, however, doesn’t mean it is  מנהג חב’’ד as is well know from later glosses in his Siddur and elsewhere (or the later comments of the last Rebbe זי’’ע on issues of Minhag Chabad)

I do not know whether Rabbi Groner ז’ל would have gone up to an אבל after the act, and said, “don’t duchen tomorrow”. The Dayan finally said it was his “preference” that Aveylim not Duchan in the central Chabad Shule of Melbourne.

I will have opportunity to Duchen on Shmini Atzeres, and in sobriety during Shachris on Simchas Torah, before my year of aveylus ends. I think it prudent to avoid Machlokes and being too evocative with the Dayan by davening there on these days (even I have done so for at least 40 years).

I have absolutely no hard feelings. It’s Torah, and we need to learn and understand and follow it. I just don’t understand how I’m considered unable to bless באהבה. If anything, and I think this is mentioned by Acharonim, the אבל is more sensitised to the needs of others and able to express genuine blessing to all (despite מדת הדין hanging around an אבל during the year). I thought that the pre-requisite (כלי המקבל) for Kabolas Brachos was HaSholom, Peace!

נשיאת הכפיים קדימה מבטאת את העתיד, שהרי הידיים מתקדמות אל מעבר למקום שאליו הגיע הגוף. ועל-כן הכהנים נושאים את כפיהם, לבטא את הכמיהה והתפילה המובעות בברכת כהנים, אל עולם שלם ומתוקן  –– עולת ראיה ח”א רפד).

Postscript: I just received this from a good friend with excellent access to מנהגי חב’’ד who quoted

Minhag Chabad Avelylus Bircas Cohanim

Davening etiquette/halacha

Being in Aveylus, of course, sensitises me to such issues. I am sure I am not the first nor am I the last. It’s not a unique situation, of course, so I’m interested to hear others views. Disclaimer: I haven’t reviewed the halachos, which I will hopefully on the weekend, and am working off memory.

The Mishna B’rura (and others) point out that if someone comes late to Shule (let’s say Shachris), then depending on how late they come, they should skip certain pre-tefillos, and make sure that ultimately, they commence Shmoneh Esreh with the Chazan. Shmoneh Esreh is Tfilla, and all else is a preamble, although we have to say Krias Shma before its appointed time. In such a situation, one who has skipped sections, ideally should return to them and complete them later.

Shachris often presents a dichotomy, especially in older established Shules. Some Mispallelim work for a living. They daven, then may go home to eat breakfast, help out with the kids and then ensure that they are at their workplace on time. Many start work at 9am, some start earlier. There are others, who either don’t work (perhaps they are retired or unemployed or incapacitated) or have less of an issue about being at the workplace at a particular time.

It is not always possible to have a Minyan that davens relatively slowly and starts at the crack of dawn. Many different issues come into play. It is quite common to find minyanim that daven at a brisk rate. When I say brisk rate, I don’t mean a pun on the city of Brisk. Rather, I mean, at a rate where one can say each work, but do so quickly, and without much time to meditate on words/phrases. Shma and Shmone Esreh tend to be different. Shma is meant to be said so that one can audibly hear oneself and ideally said with the Trop. Shmoneh Esreh (the silent one) usually is a bit slower, as I pointed out above, it IS Tefillah, ultimately.

Now, this view of the Mishna Brura and others is not universal. Minhag Chabad based on the Alter Rebbe, the Baal HaTanya and Shulchan Aruch HoRav, is to always daven in order. That is, not to skip. If that means that one isn’t up to the minyan at Shmoneh Esreh, so be it.

I’m not sure, however, that the view of the Alter Rebbe was that if one finds oneself davening in such a minyan, that one should never say Tefillah B’Tzibbur. Perhaps, and I am stretching with no Mekor, he would argue that in such a situation one should begin davening privately and come earlier so that when Shmoneh Esreh came along, one was with the rest of the Minyan. Either that, or he’d say find a Minyan that davens at your pace.

On the flip side of the coin, the Yeshivish/Litvishe types who tend to say each work aloud (not just Shma) and/or extend their own quiet Shmoneh Esreh for a longish time, may cause those who have to go to work, to wait for them to have a minyan answering Amen. Perhaps, they too should come earlier to Minyan so that they can “kill two birds with one stone” so to speak?

I discussed this issue with one Mispallel where I daven, who happens to learn in a Kollel each day, and he said to me that he saw somewhere that the Mishna Brura’s advice of skipping is only when one comes late. But, if someone didn’t come late, then he should daven at his normal pace, even if this means that the rest of the Minyan might be waiting for him so that they can start Shmoneh Esreh (quietly) or for Chazoras HaShatz. He couldn’t recall where he had seen this difference.

Given that I daven for the Amud, as an Avel, I’m acutely aware that those who have come to the minyan include people who need to leave by a certain time, and I try to keep things moving.

The above two categories of Mispallelim can sometimes cause angst in that it makes it harder for the Minyan to be “worker friendly”.

Your thoughts?

Image from shulcloud.com

Rabbi Brackman’s arguments are not convincing

Rabbi Levi Brackman, in an article in Yediot (reproduced below) is at best attempting to be Melamed Zechus (find some merit) in the alleged misrepresentations by Rabbi Broyde, and Rabbi Metzger. Using the argument that authors such as the Rambam or the Ba’al HaTanya didn’t cite their sources is not convincing. There is a world of difference between Halachic excursus and philosophical writing. An argument could be mounted that Rabbis could have listed each of their sources in a bibliography, even without referencing them in the text. It was not the norm then, though, to do so. Rather, one either quoted directly, or in the introduction, listed the main sources. It might well be true that the ideas expressed may have been devalued if all sources were explicitly footnoted. Not withstanding that, I don’t see the parallel to Rabbi Broyde’s case.

Could one imagine the Rambam extolling the virtues of his Moreh Nevuchim by falsifying a letter from a non-existent Rabbi? Could one imagine the Ba’al HaTanya justifying his ideas by penning a letter under a pseudonym, praising his work and providing additional proof of his ideas? I’m not sure I could imagine that.

I do understand that Jews in particular have a terrible habit of looking at who is saying something as opposed to the veracity of their argument. Ultimately, it is this phenomenon, which has given rise to the practices of the Broydes of this world. Rabbi Metzger’s case is entirely different. Although it is a work where he collects halachic opinions, I do think that in the cases where he quotes someone word for word, that he should footnote each such case. I have his Miyam HaHalacha at home. He was never considered a Posek of note, and I bought it some 20 years ago for two reasons:

a) He sat near me at Kerem B’Yavneh

b) It was a nice compendium, especially before the world of the internet.

I think that Rabbi Brackman has made a contribution in his article, but he has failed to defend Rabbi Broyde in any shape or form, in my opinion.

Here is the article. What do you think? I once wanted to prepare a shiur on this topic based on האומר דבר בשם אומרו מביא גאולה לעולם … and ask what about the גניבה … alas, like many things buzzing around in my head, they don’t see the light of day (yet) while I’m gainfully employed as a University academic and find myself neuronally spent by nightfall.

Rabbinic plagiarism and scholarly integrity

There have been a number of serious scandals recently involving rabbis who have been less than honest when it comes to their scholarly work. First, Chief Rabbi of France Gilles Bernheim was forced to resign because he plagiarized work from multiple authors, including famous post-modern philosopher Jean-François Lyotard.

Hot on the heels of that controversy, we in America had the scandal involving Rabbi Michael Broyde, a senior rabbi and rabbinic judge on one of America’s top rabbinical courts. Rabbi Broyde misrepresented himself in order to gain entry to a rival rabbinic organization, the International Rabbinic Fellowship (of which I am a member). He also used fake names to write letters and comments to bolster ideas he was disseminating. Broyde, like Bernheim, was forced to resign from his position as rabbinic judge at the Beth Din of America.

Stolen Literature?

Even more recently, an article in Israeli daily newspaper Maariv accused Rabbi Yona Metzger, the chief rabbi of Israel, of plagiarism in his book “Mayim HaHalacha.” Metzger maintains his position as chief rabbi of Israel.

So what is it with rabbinic plagiarism and scholarly integrity?

Being truthful about the origins of any idea is a Jewish value. The sages tell us that “whenever something is repeated in the name of the person who originally said it redemption is brought into the world” (Avot, 6:6, Nida, 19b). Yet citing a source for an idea is not seen as obligatory within Jewish tradition.

Hidden ideas

The great medieval Jewish codifier and philosopher Maimonides, for example, is somewhat loose with quoting his sources. In fact Maimonides himself admits that many of the ideas he brings are not his own, yet he balks at giving the proper attribution to the original sources of the ideas. In explaining this position Maimonides says that “there is no evil in this, and I am not glorifying myself for what a previous person said because I have already admitted to it” (Introduction to Shmona Perakim).

Maimonides goes on to give the main reason he does not reveal the names of the sources he brings. “It is possible that, had I brought the name of this person (who originally said the given idea, the reader) who does not find (that name) palatable, will lose the (entire idea and will see) negativity in it and will therefore not understand (the larger concept). And since my intention is to benefit the reader, to clarify for him hidden ideas within this tractate, I saw it fit not to cite my sources.”

Not all medieval Jewish scholars believed that this was the correct thing to do. One prominent example of this is Jacob Anatoli (1194–1256) who disagrees with Maimonides. In the introduction to his book “Malamad HaTalmidim,” he says that he will even cite non-Jews, specifically Michael Scot (1175–1232), from whom he heard “words of wisdom.”

His reasons for citing all his sources are as follows. First, he does not want to bring glory to himself by using “borrowed vessels.” Second, he says it is important for a wise person to see wisdom for what it is and not write it off just because it originated from a source they don’t like. He adds that if Moses saw it fit to quote a gentile, Jethro, in the Torah, he should follow that example in his books. Finally he says that he follows the way of the Torah which is to always give attribution to his sources.

Yet, many authors have followed Maimonides lead. Here are two prominent examples of this, both books that have had a large impact on modern-day Judaism. The classic Chassidic text “Tanya,” written by Shneur Zalman of Liadi (1745–1812), borrows heavily from the ideas of medieval Jewish philosophers, specifically Maimonides’ “Guide to the Perplexed,” but from many others as well. He writes on the opening page that the book “has been gathered from holy books and authors,” yet he does not cite or credit the actual “holy books and authors” he takes ideas from.

The classic Mussar movement text “Chesbon HaNefesh” by Menahem Mendel Levin (1749–1826) seems to have taken entire concepts from Benjamin Franklin without any acknowledgement or citations whatsoever. I surmise that both of these authors, Shneur Zalman of Liadi and Menahem Mendel Levin, shared Maimonides’ concern that if they divulged their sources, the ideas would be devalued in the eyes of their very conservative religious readers. They therefore intentionally kept the sources of their ideas a secret.

In fact Jacob Anatoli, who insisted on citing all of his sources including those that came from non-Jews, had his worked banned by prominent medieval Jewish scholar and Talmudist Shlomo ben Aderet, also known as The Rashba (1235–1310). It is possible that other later scholars took note of this and decided that it was better if they hid their sources rather than have their work potentially banned and derided by the masses.

In the final analysis we have two competing values here. Concern that the idea be accepted to the reader and academic and scholarly integrity that insists on citing every source. When academic integrity causes the reader to become prejudiced towards the ideas presented, Maimonides is willing to compromise and not cite his sources. Jacob Anatoli, conversely, would like to educate the reader to see past the person saying the ideas and judge the ideas for what they are. He is not willing to compromise academic and scholarly integrity because readers may be too shallow to do this.

Literary tactics

It seems that the view of Maimonides dominated over time. We therefore have books like the “Tanya” and “Chesbon HaNefesh” by Menahem Mendel Levin which obscure the sources of the ideas they contain, and have thereby obtained a much wider ranging readership and influence. Is this dishonest? Maimonides would argue that because a book is written for the benefit of the reader, as long as hiding the source of the ideas is positive for the reader it is acceptable. Others disagree.

There is however, another element to all of this which is pseudepigrapha, where a book is attributed by its author to a more prominent figure from the past. A classic example of this is the Kabbalistic work known as Sefer Yetzirah which was attributed to the Patriarch Abraham. Although it is clear that Abraham did not write the book. In addition, many argue, in my view convincingly, that the magnum opus of the Kabbalah “The Zohar” is pseudepigraphical and was not actually written by the Talmudic scholar Rabbi Shimon bar Yochia in 70 EC. There are many other examples, like the commentary on Tractate Nidarim that is attributed to Rashi (1040–1104) but is known to have been written by someone else. Yet the importance of these works and their respectability has not been diminished in the eyes of most people.

One may argue that the reason pseudepigrapha was an acceptable literary tactic in previous eras was similar to why it was permissible to quote ideas without citing sources. Authors of important works used these tactics as a way to get readers to take their ideas seriously. They would either hide their own authorship or hide the sources of the ideas they presented, whichever worked better for the particular text and subject matter, in order to get the reader to take the ideas seriously. It was then up to the reader to either accept or reject the ideas based on their own merit. In other words, the value of disseminating ideas was seen as paramount, and scholarly integrity was secondary in importance.

All this brings us back to the recent scandals. It is first important that I make it clear that I am personally strongly opposed to any type of plagiarism or scholarly forgery in all its forms. In this sense I side with Jacob Anatoli. However, when taken from a historical perspective, the matter is far from clear.

If Rabbis Broyde, Bernheim and Metzger employed unorthodox literary strategies as a means to disseminate ideas that would otherwise not be accepted by their audience, they are standing on strong ground in doing so. Whilst I do not like it, if such a crime truly warranted their firing from their positions of prominence, there are bookshelves full of classical works we should be throwing out with them.

Rabbi Levi Brackman is co-founder and executive director of Youth Directions , a non-profit organization that helps youth find and succeed at their unique positive purpose in life

Inspirational: at the kever of the Baal HaTanya z”l

I’ve always liked a [good] Chabad Nigun. Maybe it’s גירסא דינקותא, my childhood memories, but there is also a musical element. I’m partial to the more haunting Russian-inspired musical oeuvre. The morose underpinnings appeal to my darker side, especially if I’m melancholy.

Lehavdil, that’s why I’m also a fan of Rachmaninov, for example.

I enjoyed this video on the 200th Yohr Tzeit/Hillula of the B’aal HaTanya, the great Gaon and Tzadik, R Shneur Zalman Ben Baruch, at his grave site.

CPAP Machines on Shabbos/Yom Tov

Medical research into sleep apnea and what it can be responsible for is established and continuing to develop. Sleep apnea can cause:

  • Heart arrhythmias
  • Heart failure
  • High blood pressure
  • Stroke
  • Depression
  • Hyperactivity

The use of CPAP (or these days APAP machines) is now widespread and the relief that the devices provide is real, including:

  • Restoration of normal sleep patterns.
  • Greater alertness and less daytime sleepiness.
  • Less anxiety and depression and better mood.
  • Improvements in work productivity.
  • Better concentration and memory.
  • Patients’ bed partners also report improvement in their own sleep when their mates use CPAP, even though objective sleep tests showed no real difference in the partners’ sleep quality.

Current machines are turned on by pressing a button and then “wait” for you to start breathing. Once you breathe, air is pumped into you (at a pre-set measured level depending on whether you are moderately or severely impaired) and this keeps a flap open so that the air you breathe during the night is unobstructed. The obstruction is also one cause of snoring. The machines are relatively quiet.  Some machines build up to the required pressure gradually. There is an LCD or LED style readout on the machine that is activated once it is turned on. There is no “visible” fire/filament. Some patients also use a humidifier which is attached to the machine. This warms and wets the pumped air in patients who are unable to breathe through their nose, and whose mouths become dry and irritated as a result.

Can these machines be used on Shabbos/Yom Tov? Let’s note first that the accepted opinion is that of R’ Shlomo Zalman Auerbach ז’ל that Electricity is forbidden מדרבנן unless there is flame involved (or filament, as opposed to incandescence). The Chazon Ish isn’t disregarded, but his opinion that all electricity is forbidden דאורייתא is not followed when it comes to medical issues.

What about the status of the patient? Is he (most patients are men 40+) a חולה at the time he is using the machine? What type of חולה is he? Is he a חולה שיש בו סכנה or שאין בו סכנה?   Is he considered “sick all over”, that is חולה של כל הגוף? Perhaps he is a ספק סכנה? The answer to these questions will probably depend on the severity of the apnea. For example, it might be questionable if the patient was only “mild” as opposed to moderate or severe. On such matters, one needs to consult with experts, that is, Doctors. Preferably, one should see a Sleep Physician.

Using a shabbos clock doesn’t really help. It can’t turn on the machine. Furthermore, many machines turn off automatically anyway if left on.

I am pretty sure that if you asked a Brisker Posek, they would tell you that there was no שאלה and to go ahead and use it. There is a tradition from R’ Chaim Volozhiner through to R’ Chaim Brisker, the Griz and the Rav, that the Brisker way is to be מחמיר when it comes to looking after health and avoiding illness. There are many stories told in this regard. One that comes to mind was R’ Chaim making his eldest son R’ Moshe Soloveitchik (the father of the Rav) absolutely swear that he would never ever be מחמיר on issues of סכנת נפשות or ספק סכנת נפשות. Only after R’ Moshe did that, was he given permission from his father to take up his first Rabbonus.

There have been a few articles written on this topic. R’ Moshe Heineman (who was close to R’ Moshe Feinstein) from the Star K, is lenient, see here. See the opinion of R’ Halperin and R’ Prof. Abraham over here and here who are also lenient.

One is required to turn on the machine with a שינוי (change) to minimise any infraction. [I also think one could consider getting two people to turn it on together].

I rang R’ Hershel Schachter to ask his opinion. He stated that if there is no choice but to use such a machine, then what can one do. He quoted the שולחן ערוך of the Baal HaTanya  who is lenient in Dinim of a חולה and said that this opinion is defended by the אגלי טל from Sochatchow (the Kotzker Rebbe’s son-in-law). He also suggested turning it on with a Shinui.

Some might argue that “what is one night” although this year we know it can be three nights as it is this evening. It seems that the Poskim are wary about interrupting medical treatment and consider such interruptions as contributing cumulatively to the danger (סכנה).

I haven’t considered the issue of the humidifier and whether it boils the water to יד סולדת and if there are ramifications thereby.

Does anyone out there know of other Psakim?

Disclaimer: The above is not L’Halacha and not L’Maaseh. Ask your own Rabbi for advice if you have an issue.

Light and Darkness II: Guest post from P. Hasofer

The following was posted as a comment to my earlier blog post on this topic by P. Hasofer. He hasn’t asked for a guest post, but I am posting it as it is a little long for a comment, and worth reading. Yes, I have little knowledge of Chassidus in general, including Chabad Chassidus. Allow me to bring to the table, a different perspective (similar to that of R’ Hershel Schachter  and no doubt from where he derived it) by R’ Chaim Volozhiner ז’ל (the successor and lead student of the Vilna Gaon) in his Nefesh Hachaim. See the words of the Nefesh Hachaim  here.

Dear R’ Isaac Balbin:

To understand what the Rebbe, Zechusoi yogen oleinu. is explaining here, please let me give you a short introduction with which will make things more understood, You have written in the past that you don’t have much knowledge in Chabad Chassidus, so this will hopefully help you understand this Inyan.

This idea is explained at length in Chabad Chassidus starting from the Alter Rebbes Tanya.

There are 3 general elements in our world. 1. Kedusha 2. Klipas noga 3. Sholosh Klipas Hatmeos:

Kedusha doesn’t really need to much explanation I hope, its basically anything holy, Torah and Mitzvos, Shabbos, Tefillin etc.

Klipas Noga, is the middle area, which includes everything mundane, anything that is kosher, or just simply not Kedusha, for example – all kosher foods etc, which can be elevated to Kedusha, by either using it Leshem Shomayim, or Making a brocho before eating the food, and having the intention to use the energy derived from the food, for Torah study or the keeping of Mitzvos.

Sholosh Klipos Hatmeos are all those things which are forbidden or Not Kosher, and cannot be elevated or used for Kedusha, or Lesham Shomayim, we are prohibited to have anything to do with them, and through pushing it away, that is its redemption and purpose. “Ibudo zehu tikuno”

The second level, Klipas Noga, is clearly not Kedusha at all, and can be used against Kedusha, or be elevated to the realm of Kedusha, it is therefore our mission to elevate the “nitzus” (holy spark) which is inside these creations, and bring them to the realm of Kedusha.

Now onto our subject, the transformation or effect that Kedusha – light can have on Klipa – darkness.

Lets separate this into 3 parts:

  1. The effect the light of Torah “Or Hashemesh” has on the darkness – “klipa” in the world that surrounds us.
  2. The effect Mitzvos “Or Haner” has on the darkness (Klipa).
  3. The effect a Baal Tshuvah has on the darkness (Klipa).

“Ki Ner Miztva VeTorah Or”

The effect of the light of the sun – Or Hashemesh on the darkness – it pushes away the darkness, when the sun comes up, it disperses the darkness. It does not transform the darkness into light, it merely pushes it away, and overpowers it, by its mere existence and nature.
On the other hand, the light of a candle is quite different by its mere nature, not only does it disperse the darkness, depending of course how big the candle is, but it has another advantage. As explained above, the sun light pushes away the darkness. The candle however not only pushes away the darkness, but it also transforms the wick and oil etc, into light, it transforms what is not light, into light.

So too, in our Discussion:

Torah is like the sunlight, it pushes away and disperses any darkness in reach, it pushes away the Darkness and Klipas around us, and inside us.
Mitzvos have the same effect, but with an additional advantage, Mitzvos do not only push away the darkness and klipa, but with its intense light it has the power to transform that which is not light – that which is not holy, the mundane, the Klipas Noga. It transforms the Physical objects and energy used in the fulfillment of the Mitzva into Light, into Kedusha. (it must be noted that Torah also transforms the persons energy used to study Torah, into Kedusha, but it is specifically the Mitzvas Talmud Torah which has that effect.)
When affecting or transforming the Darkness – the Klipas, the light can only have an effect on the darkness which has the capability to be transformed into light – into Kedusha. Just like the candle can only burn and transform into light those materials which are possible to burn and become light, the oil and wick etc. must be suitable to burn. Meaning: Torah and Mitzvos can only have an effect on Klipas noga, which has the ability, and is suitable to become Kedusha, one cannot elevate Sholosh Klipas Hatmeos into Kedusha.

A Baal Teshuva though, through their Teshuva (and each of us as well, with our own Aveiros, in which we are can be a Baal Teshuva in our own way) not only transforms the mundane, the Klipas Noga, but effects the Sholosh Klipas Hatmeos, they with the power of Teshuva, transforms their sins – the ultimate darkness and Klipa, into Kedusha, “zdonos nasu lo Kezochios”

To Summarize: there are 3 ways of effecting the darkness – Klipas.

Torah: Pushes away the darkness – Klipas, but only that which is possible to push away – Klipas Noga.

Mitzvos: Transforms the Klipas Noga, and elevates it into the realm of Kedusha.

A Baal Teshuva: Transforms even the lowest darkness – Sholosh Klipas Hatmeos into Kedusha.

The Rav and Chabad and the Rebbe

My sweeping and largely postulating interpretations are that:

  1. The Rav appreciated the emotional and warm element of old-time and simple chassidim, the emotional part of which was missing from his own upbringing and its purely intellectual approach to Yahadus
  2. Chabad chassidus is an intellectual branch (Tanya in particular) and the Rav could more likely associate with some elements.
  3. The Rav had no time for “incredulous” chassidic stories of mofsim and pilei ploim. The Rav thought that most were exaggerated at best.

    Alter Rebbe
  4. The Rav was closer to the Rayatz than he was to the last Rebbe.
  5. The Rayatz respected the Rav greatly.
  6. The Rav had a great appreciation of the Ba’al HaTanya and thought that the Alter Rebbe was the equal of the Gaon and the greatest of all the Chabad Rebbes.
  7. The Rav felt that the Rebbe thought he was Mashiach and was delusional in this regard.
  8. The Rav felt that much of the so called machlokes between the Gaon and the Alter Rebbe and others was due to “askonim” on both sides who were basically clueless and had an agenda (what has changed?)
  9. The Rav felt that the Rebbe wasn’t able to be as effective as he could have been because he simply lacked enough quality chassidim and had failed to produce these.
  10. The Rav felt that many if not most chasidim didn’t really understand Tanya let alone were in a position to teach it to the masses
  11. The Rebbe felt that the Rav was wishy-washy because he was susceptible to changing his mind on issues based on political or societal pressure. As such, he felt the Rav could not be relied upon.
  12. The Rebbe had a very high regard for the Rav’s intellect and personal yiras shomayim
  13. The Rav held that the Rebbe had a Geonishe Kop and was the icon of a manhig
  14. The Rav was a follower of elements of both the Vilna Gaon and the Alter Rebbe, but in the end was his own man.

    Vilna Gaon
  15. The Rav felt the differences between the Nefesh HaChaim and Tanya were not significant, and most people didn’t have the acumen to properly understand the differences.
  16. The Rebbe was implacably against the concept of a “State” of Israel vis-a-vis any religious connotation. For the Rebbe, any part of the world could be transformed into “Israel”.
  17. The Rav was against the State being seen as the “beginning” of the redemption, but was a strong supporter of the State as a religious entity embodying the “psak” of hakadosh baruch hu.
  18. The Rav and Rebbe had wives who were both strong and unique people in their own right.
  19. Both the Rav and the Rebbe were severely affected after their wives passed away.