On Steven Greenberg & Rabbi Genende

We are enjoined not to judge anyone until we are proverbially ‘in their shoes’. Caulfield Hebrew Congregation, with the agreement of its Senior Rabbinic Authority, Rabbi Ralph Genende, have invited members of the community to hear a self-professed homosexual, and self-professed Orthodox Jew, once ordained at YU, named Stephen Greenberg, to address his homosexual struggle, contextualised with his ‘partner’ and ‘daughter’. 
If we accept the theory that Steven was born with a predisposition of sexual attraction to the same gender, then we must ask  whether he consulted his teachers at YU. As someone who was ordained, this is even more of an imperative given the gravity of the issue and the world trip, crusader-like approach.

The Shulchan Aruch is acutely aware that some will have a tendency to be attracted to the same gender. It is unambiguous in describing what a person should do if they are indeed inclined that way.

There are well-known prohibitions in respect to a heterosexual male being alone with a heterosexual female. Whether this is a Torah infraction or a Rabbinic one, is a dispute between the Rambam and other Rishonim. Whatever the case, the laws of Yichud, being alone,  are there to protect against a potentially more serious consequence, that may lead to prohibited sexual relations.

What is not well known is that the Shulchan Aruch codified the self-same laws of Yichud, in regards to same gender seclusion/Yichud (See Even HoEzer 24:1) 

If a male has a homosexual predilection, then it is forbidden to be halachically alone with another male. There is no argument about this Halacha and there can certainly be no argument of its applicability in our age. 

The Rambam in his glosses on the Mishna in Sanhedrin 7, states that a Jew is not suspected of homosexuality or bestiality as they are both unnatural. The Rambam could not envisage someone with a Jewish Soul having such proclivity.

As I understand it, Steven claims to adhere to all laws of Judaism give or take the odd stumble that we all experience. If Steven lives with his male partner he most certainly is choosing to ignore a Halacha. I am not referring to the likely outcome of homosexual sex; rather, Yichud—being alone. If he does not, then kudos to him.

I would assume that Steven, who Rabbi Genende also describes as an Orthdox Rabbi, does not live under the same roof as his partner, and they perhaps take turns looking after the daughter? If that is not the case, it is difficult to accept the description of Orthodox.

Technically, one or both males, might not be the biological father, which also raises another hornets nest in respect to Yichud with an adopted child. The Lubavitcher Rebbe amongst many others had grave problems giving permission for Yichud with an adopted child. Others are more lenient, including Rav Soloveitchik, to whom the Lubavitcher Rebbe sent some Lubavitch couples (see Nefesh HoRav from Rav Schachter) who wanted to adopt and needed the Psak Din of a World renowned Rabbi.

At this point I trust that even the far left are not churlishly dismissing me as homophobic, based on what I have written.

One expects that the otherwise religiously-oriented homosexual Jew feels more self-guilt than the secular homosexual Jew. This is not because people are more derisive to the religious one. Rather, it’s because he feels he has been born with an impediment to keep Halacha. 

 Some will deal with it by disappearing into new social circles where they potentially practice less Judaism as time goes by. Others, such as Steven presumably blame their genetic marker for their predilection and will wrestle with God about why they weren’t given heterosexual genes.

I would hope that if Steven was asked, ‘Would you have preferred if God had made you heterosexual’, that Steven would answer in the affirmative. If he does not, I’m not sure why Rabbi Genende as Vice President of the Rabbinic Council of Victoria would invite him to espouse his views!

We should consider why Stephen isn’t addressing one of the homosexual groups where he may encourage people to keep all the other laws of Judaism and give them confidence to do so. Perhaps he will do so. I do not know, but I think that would be a positive thing.

I have not ever come across anyone not being welcomed in Shule because they were homosexual. I would imagine they are shunned by Hungarian Chassidic communities.

To be sure, even Chabad who welcome all, have some restrictions. When Shlomo Carlebach started diverging from an Orthodox path, Rabbi Y. D. Groner z’l, who had been a study partner of Shlomo, asked the Lubavitcher Rebbe נ׳ע whether he should try and bring Shlomo ‘back’ through Kiruv. The Lubavitcher Rebbe answered that Rabbi Groner should do so, but never within the walls of a Lubavitch institution lest anyone think that what Shlomo does is acceptable etc. Why did Steven have to speak within Caulfield Shule’s property? Having Steven at a congregational function definitely stretches the boundaries of what is tolerable. Given Rabbi Genende’s professed opposition to Steven’s approach in a letter to his congregants one wonders why Rabbi Genende didn’t choose to debate Steven?

The menagerie of congregants at Caulfield on a standard Shabbos will not likely include the young adults who will attend Steven’s talk. Caulfield do a great job, given their ability to pull in big donations to lure world class performances via a choir from Israel. They are a vibrant Shule with an active and dedicated committee. 

I’m sure these activities are roundly enjoyed, but will a ‘voyeuristic’ gaze into the house of a religiously inclined homosexual Jew translate to attendance at Shule or Rabbi Genende’s educational programme? I think not, especially if Rabbi Genende disagrees with Steven’s interpretation of Scripture anyway!

Imagine, if you will, that instead of Steven, the guest speaker was a ‘religious’ adulterer/womaniser. Perhaps not a Rabbi, but someone well known. Imagine this person wanted to speak about his problem of wandering eyes which lead to covert forbidden sexual relations. It could be argued that he too has a proclivity. Is there a genetic link? My question then to Rabbi Genende is, would you give such a person a podium to speak of his struggles to keep his pants on when his eyes wander? Something tells me that Rabbi Genende would not allow such a talk. Why? Marriage is sacred and such acts are abominable and don’t deserve a podium. If I am right, the podium should be reserved for the types of Jews who are inspirational. I am more inspired to hear of those homosexual religious Jews who courageously don’t give in to a basic tenet.

Did Rabbi Genende consult leading centrist/modern Poskim. It would appear that his colleagues in the Rabbinic Council of Victoria are far from enamoured by his  ‘go it alone’ approach. If he has support from a Posek who knows Steven then Rabbi Genende should at least inform his colleagues in the Rabbinate.

I have heard that some intend to protest. In my mind this is not only stupid in the extreme, but halachically questionable.  On that matter I also have Rabbinic agreement. Mori V’Rabbi Rav Hershel Schachter שליט׳א made it clear in our phone call that one should not go to Caulfield, either to protest or to listen to Steven.

There is a valid question about calling up to the Torah someone who advertises their homosexuality and the acts which result. These types of questions arose in the Halachic literature regarding those who have married out and those who publicly break the Sabbath in a ‘look, Shabbos doesn’t mean anything’ attitude. I know that in Elwood Shule, there is a Shule goer who married out. He comes on Shabbos fairly often. Rabbi Mordechai Gutnick instructed the Gaboim not to give him an Aliya, as I recall. This is consistent with the view of R’ Moshe Feinstein ז׳ל.

Turning our attention towards Sabbath desecrators, I know that the late Rav Chaim Gutnick z’l would wait in his office until everyone had left and then walk home. He knew that his community of Holocaust survivors were theologically and psychologically challenged and displayed peculiar traits: they came to Shule but drove there. They didn’t eat Kosher but would never eat Pork. When such a damaged person came to Shule, Rabbi Chaim Gutnick only saw their holy soul and did not see any infractions.

What about Steven Greenberg? To my mind, he does not need an audience of voyeuristic heterosexuals. The need to treat people as created in the image of God should be taught by those who are not involved in Torah infractions. I interact every now and again with a homosexual Talmid Chacham, who I believe to be celibate. 

Does one give Steven Greenberg an Aliyah? My personal answer would have been yes, if he was a ‘mind your own business’ private type. If however he was advertising his homosexuality and seeking acceptance according to the Torah then I would be inclined not give an Aliya to the Torah. I don’t rely on my own feelings in such a grave case, and discussed this with my Posek today. He fully agreed with me that protesting was definitely not the correct approach. It would also not be advised for an Orthodox person to attend such a talk. In respect of giving him an Aliyah he opined that in a Shule where people have lots of different baggage of aveyros, and wouldn’t be alarmed in the slightest, then he is not considered an outlier in that particular congregation and can be called up.

In the end, we must try to focus on the Godly soul of individuals who face big challenges to keep Torah and Mitzvos and try to have them attend davening, go to Shiurim etc.

My view is that this is for the ‘ordinary’ person. The one who has ordination and travels the world talking about his anti Torah proclivities should not be afforded an outlet connected to an Orthodox Shule.  

It is ironic that many of those making noise against him are defending the despicably accused Malka Leifer. I just hope that she isn’t duping the psychs in Israel who are evaluating her state of mind and that she be promptly  brought to face Justice in Melbourne, and should she be found guilty, they could put her in a psychiatric prison if she is indeed impaired in that way.

PS. YU does not revoke Smicha, but would have revoked Steven’s if they had that policy. I discussed this with those who give YU’s respected and high standard Smicha today.

Sigh. Another nihilist post from Alex Fein

I need to start with the disclaimer. I bear no personal antipathy towards Alex. She is married to my cousin Yaron Gottlieb, and I remember their wedding fondly (the band in particular were incredible).

I’ve been busy of late, involved in matters that rather wouldn’t have required my attention. Such is life. Today, however, I received an email  (allegedly) being an article just written by Alex. I don’t feel an imperative to read Galus Australis given the stack of things I haven’t read next to my bed. (I was chuffed to see its roots though included the daughter of a colleague of mine, Dr Ron Sacks-Davis. Ron is a mild-mannered lovely person who recruited me to RMIT more years ago than I care to admit.

I read a few lines of Alex’s alleged comments and saw that it involved my Rav Hamuvhak (my primary Rabbi and teacher), the world-renowned Halachic Decisor for the OU (currently the only Halachic Consultant since Rav Belsky’s recent passing), the Rabbi of the Rabbis of the Rabbinic Council of America, someone who just celebrated 50 years as a Rosh Yeshiva and Rosh Kollel at Yeshivah University, who has a degree in Science, the youngest Rosh Yeshivah appointed by Yeshivah University, the brilliant Rabbi who could recall just about every word he heard from his teacher, the enormous father of Centrist Orthodoxy, Rav Yosef Dov Halevi Soloveitchik ז׳ל. More recently, three of his books have been published where he recounts the Mesora, approach and words that he heard either with his own ears, or from someone else (always naming his source). He also had a serious of Halachic treatises. One includes his decision that it is forbidden according to Halacha to return parts of Israel. No doubt, that of itself would be something that Alex would not accept, though she could not build a counter halachic argument, despite frequenting partnership minyanim which seek to raise the prominence of women in all facets of Judaism (perhaps with the exception of circumcision, although I suspect Alex might be against it because the male child hasn’t been asked whether they actually want it). Alex and Yaron now have two charming daughters.

I have a copy of every book that Mori V’Rabbi Rav Schachter has written. Steve Jobs can be credited with introducing me, and even forcing me (due to a bluetooth firmware bug in some 3rd party radios used in today’s cars) to listen to my iPhone in the car for some 40 minutes each day driving to works and then back. I’m sorry I was using green house gasses, however, I was fulfilling כיבוד אב ואם. I now use more green house gasses, via the public tram system, but let’s not go there.

Despite being a musician for longer than I’ve been an academic, the only song that might be on my iPhone at a given moment is one I need to learn for a wedding and require a refresher. 99.9% of the 128 Gigabytes, yes, Gigabytes, contain Torah Shiurim. Due to the bug in the blue tooth, as soon as I turn the car on, a random Shiur starts (or sometimes the Shiur I was listening to resumes). I just checked my iTunes list and found that I had downloaded locally 1000 Shiurim. If one visits yu.org, which is one of the biggest sanctifications of God’s name, one finds that Rav Schachter has 4,880 Shiurim. Now Alex is good with her pen (although I find her descent into profanities unbecoming and bordering on unfitting illiterate Bogan culture, let alone something that is forbidden by the Judaism that Alex loves (even by “non” fundamentalists).

My first question is, how many of the published 4,880 Shiurim of Mori V’Rabbi Rav Schachter, has Alex listened to? I would venture to say that two digits would be a stretch. As such, her personal exposure to his style, character, integrity, let alone his learning and dignity, is approaching ZERO.

My next question is, how many of Rav Schachter’s Seforim has Alex learned or studied with or without someone. Again, I venture to say none given that since they don’t seem to fall under the rubric of a quote from Wikipedia (I got a shock when I saw she has an entry)

In one article, a conservative community activist whom she had criticised accused her of an ‘evidence-light prosecutorial indictment of the community.’ Fein responded to this criticism by saying that it was this very style of argument that was driving away an entire generation of young Jews.

Fein, for example is certainly unaware that Rav Schachter is the Halachic authority that is relied upon by a movement which rallies against outing men (not sure if they are involved in women not accepting a Gett) and putting them under pressure, demonstrations etc. I will leave Alex to find out about that. Rav Schachter, though, doesn’t do things because he thinks they sit well with his “feelings”. He does them because Halacha and his feelings coincide, with the former being the last words. He is afraid of nobody and states his opinion without fear or favour.

My next question to Alex is how many times she has spoken to Rav Schachter?  I speak to him semi-regularly. I gather the questions that I have (which are not klotz kashes) and late in the evening in New York he always takes my call, and did so the first time without knowing me from a herring. He speaks with incredible humility and I have never, I repeat, never, heard a Rav say “I don’t know”, as often as I hear Rav Schachter say that in Shiurim, and sometimes on the phone. So Alex, being such an accomplished writer and journalist would you like to ring him cold and ask him your questions? You might want to read him one of your diatribes where you state

For some reason, I consent to be a part of a congregation that does not count me as an adult human.

Only adult men can form the quorum required for certain prayers. Every time I set foot in my synagogue or participate in Orthodox Jewish life, I leave my civil society feminism at the door and therefore comply with something that erases a massive part of myself.

There are plenty of rabbis prepared to insult our intelligence. They’ll tell us that all the things women cannot do in Orthodoxy—bearing witness and initiating divorce being two of the biggest—are simply because women are more spiritual than men and should not have to dirty themselves with… what? Real life and power, among other things.

How can I consent to this oppression in any intellectually honest way and still call myself a feminist?

Alex, maybe you can’t call yourself a feminist. Instead, try Jewish Orthodox person, and learn from prime sources. You do know that Rav Soloveitchik, Rav Schachter’s prime teacher encouraged women to study the Torah including the Talmud. Undoubtedly you also know that Rav Moshe Feinstein z’l explicitly forbade anything that remotely smelled of feminism. I’m not sure why that defines you more than Judaism? Does it?

By the way, just to set the record straight if you may have received the message incorrectly: Rav Schachter ruled that any functionary of a partnership prayer group, should be banned from leading services in an Orthodox Shule. Now this was one of a batch of questions on my list to ask. A number of Rabbis know that I have access to Rav Schachter, and they ask me to ask him a question on their behalf. And no, they don’t always like the answers. The issue of your own husband not being permitted to be a functionary, is an outcome of that halachic decision. It was not initiated by me in any way whatsoever. I’m sure it gnaws at you though, incessantly.

Okay, let me now get to your article Alex. You are an intelligent girl, and I know you mean well and I have zero negativity towards you.

My comments in response to your prose will be in red

Good morning kvetchers.
There’s a rabbinic shit fight* going on that we all need to pay attention to, even those of us who are not Orthodox or have no interest in religion.**

Dear Alex, we don’t use words like that. Get a thesaurus. They are online. Furthermore, we certainly don’t have to pay attention to it when we haven’t got the foggiest idea what is behind it.
This fight represents a broader struggle for the soul of our worldwide community.

Alex, your knowledge, or should I say complete ignorance of Rav Schachter is showing ingloriously. This has nothing to do with the soul, nothing to do with the worldwide community. Rav Schachter happens to have definitional and methodological problems with the other Rabbi, and feels very strongly about those, in the same way that his teacher Rav Soloveitchik felt about Reform and Conservative, and how his approach decimated their charlatan forms of our religion.

It is a clear cut case of fundamentalist intolerance versus moderate reason.

Define your terms please Alex. What is a fundamentalist? Someone who ascribes to the Rambam’s 13 fundamentals or the 620 Mitzvos, 613 +7. And who in God’s name or his writings defines moderation as being abandoning fundamentals. You really can’t write cheap one liners like that. You are more intelligent than to descend into the one line headline grabbers of the Greens.
This fight has material implications for our collective long term future because of the current Orthodox stranglehold in Israel and over many communities, (including Australia) regarding personal status (who is a Jew, agunot, etc.)
It has personal ramifications for Orthodox, frum women like me who have felt asphyxiated by rabbinic irrationality and abrogations of historicity.

Can you please give us examples of your eruditely researched Rabbinic Irrationality. Without it, your statement is vacuous despite its clarion call to history.
What started with Rabbi Herscel Schacter – a major (fundamentalist) figure at Yeshiva Uni – tearing down the posters advertising a lecture by a rigorous but moderate rabbi, Aryeh Klapper, is transforming into a very exciting story.

Hmmm, we don’t know what fundamentalist means, but Alex has crowned Rav Schachterwith the term; someone who ordains Rabbis after a four year course fir the last 50 years! (give me a call Alex, I will tell you some of the fantastic innovations they have there which are being introduced elsewhere). 

The Rabbi Klapper incident is a Machlokes L’Shem Shomayim. Rav Schachter will have his reasons, and they will be most cogently argued as to why he doesn’t think Rabbi Klapper isn’t following Mesora and thereby should not speak at YU. To be honest, it doesn’t even interest me. That Rav Schachter took off the posters? Big deal. He felt it was a Bizayon HaTorah. 

But you know Alex, there is a thing called Divine Providence, which doesn’t have a special relationship with feminism or fundamentalism. I hopped into my car tonight to get home. As I mentioned above, a random Shiur started. Guess what, the Shiur was from Torahweb.org (he has Shiurim there and elsewhere as well) and the speaker was Mori V’Rabbi Rav Schachter. Guess what his topic was? “Why are Jews so intolerant”. He dissected the issue nicely, and I urge you to find it (I will send it if you can’t) and you will find a man who has one thing greater than his learning. His Middos. He is one of the most self-effacing humble people I have met, and he is the real thing.

This now about Orthodox Jews saying to a cabal of intolerant rabbis: enough!

Do me a favour the new Victorian Rabbinate Leadership is hardly a cabal let alone intolerant. You’ve been accused before for making statements without back up. You have done so again. If you were my student, I’d give you zero for that statement. It’s just an attack.

You do not have a hotline to God that you can steamroll opposition to your dystopian, misogynist, racist, and homophobic view of our religion.

Alex, are you working for Richard Di Natale? You have simply trotted out a series of “modern” slogans and have not linked them to an allegation that you made. It does not become someone of your intelligence to descend into cheap sloganeering.

Some important points:

The rabbi tearing down the posters, Rabbi Schacter, is considered by many a giant of Torah learning.

You can say, He IS a giant of Torah learning. The world knows that. He is a prodigy.

.He has, however, an unfortunate world view. He famously told a group of rabbis that informing the police of child rape would endanger the rapist by placing him “in a cell with a shvartze, in a cell with a Muslim, a black Muslim who wants to kill all the Jews.”

You and the forward are so damned misinformed. You take the quote and you don’t actually listen to his Halachic analysis which is valid and in-depth. Rav Schachter actually says that they must be reported to the police, however, he raised the halachic issue of sending someone to the type of prison which is against the Torah (e.g., where they get raped and beaten up). He suggested the Prison System needs to be reformed. There you go Alex, how about taking that on. I think they should be reported and if found guilty go to prison, but I do not think it is halachically (or morally) correct that they are subject to rape, and sticks up their behinds, and beatings. Do you? 

http://forward.com/…/yeshiva-condemns-offensive-racial-rem…/

. Schachter also believes women have *zero* role in public life *at all*. He doesn’t just oppose women’s ordination; he opposes their presence as public figures full stop.

You’ve dropped his title and simplified the issue to a two liner. He has many Shiurim on this topic where he dissects Rishonim and Acharonim. This isn’t about a western line of equality nor is it about sticking to medieval practices. It is about interpreting Halacha for our times. Let me remind you, Rabbi Schachter is exactly that-the biggest Talmid Chacham in Centrist/Modern Orthodoxy. Guess what Alex. His wife has Shiurim on yutorah.org (heaven forbid!) You really have zero idea and just shoot with no bullets in your pop gun.

.Rabbi Klapper is a straight down the line Modern Orthodox rabbi who sees a need to balance rigorous adherence to law with intelligent interpretations of that law. He is sympathetic to women’s desires not to be marginalised.

I’m not going to argue with you. I don’t know Rabbi Klapper from a bar of soap. However, Rav Schachter certainly knows his methodologies

https://docs.google.com/…/1EIgABKi2t9KS84yiJSHwpvkpbuz…/edit

. He is also someone who pauses from discussion of Halachic minutiae to think about other crucial, practical things impacting Jewish life, such as the cost of school fees

Are you just bigoted? This morning I heard a Shiur ALSO from Rav Schachter on this topic. You can call it minutiae but it is bemoaned by many and case in terms of Hilchos Tzedoko. If you like I can send you the Shiur. It was on the topic of Zikkuy HaGett but he went on a tangent (as he often does). You think these things don’t bother him and he’s only worried whether you eat Meir Rabbi’s mayonnaise for Pesach?

http://www.jewishideasdaily.com/…/the-moral-costs-of-jewis…/

So it’s not surprising that a man like Schacter is not going to like a man like Klapper.

Like? Please educate yourself. Rav Schachter would have nothing to do with notions of whether he likes or doesn’t like Rabbi Klapper. Any objection would be firmly based on Halachic principles (things you seem to love like to denigrate and call minutiae). Rav Schachter says explicitly that when two Talmidei Chachomim have sound approaches which disagree on a conclusion, both conclusions are God’s word. I heard him say that in the car this afternoon. Rav Schachter will have his reasons. He didn’t just have a 50th year celebration and Sefer Torah dedication at YU because he’s some simple-minded automaton.

It’s also not surprising that a woman like Alex who knows ZERO about the Halachic/Mesora reasons Rabbi Schachter may have against Rabbis who take certain paths (which by the way may have to do with Ben Pekuah and not women) will make such a sciolistic and ignorant Gzeira Shava.

What *is* surprising, is that Schacter thought it was appropriate to refer to Klapper as an apostate and crazy person, when Schachter was asked why he ripped down posters advertising Klapper’s lecture.

Rav Schachter’s words are a matter of conjecture, as I expect you know by now. He can sometimes use inflamed expression. On the other hand, if he really believed Rabbi Klapper was an Apikorus (which you aren’t) he would be able to explain why but no doubt do that behind the closed doors of the RCA. He has a right to deny certain speakers, or do you deny him that too?

Schachter also said inviting Klapper to speak was as bad as inviting a Reform rabbi.

He uses that analogy all the time. It means, it’s as bad as inviting someone who doesn’t display fidelity to Mesorah and makes Judaism fit their world view and not the other way around.

I don’t know about you, but I’m personally thoroughly sick and tired of this disgusting attitude to people who have different religious beliefs.

I know a few Doctors if you are “thoroughly sick” but I suggest you educate yourself so that you don’t sit like one of the four daughters at the Pesach table.

I’m sick of bullies in positions of rabbinic power.

You mean people who said your husband’s involvement with partnership services is not kosher? It wasn’t my question, but I most certainly accept the answer, especially in Melbourne where many of the women eat out, and don’t keep many basic Mitzvos, but demand “a pulpit” to expectorate from (unlike the Jerusalem chapter where those women are consistently frum.

I’m sick of rabbis who hate women; who are openly racist; who think it’s OK to protect child rapists.

So am I, but I don’t know any now in Victoria.

. I’m sick of these men deciding on matters crucial to the future of our people.

If they were women, you’d feel better?

But this whole episode has a very, very bright side: I had never heard of Klapper before this incident, and neither had a lot of other people.

And how many of his shiurim have you listened to now? You should start by calling him Rabbi Klapper, otherwise we may need to resort to calling you Rebbetzin Gottlieb.

Schachter’s disgusting behaviour has done the exact opposite of what he intended: it has introduced us to a great Jewish thinker of our time.

Well go and ask Rabbi Klapper about Melbourne’s partnership services. One look at that service and it would not surprise me that he will be on a flight out.

This is not to say I agree with everything I’ve read (to date) of Klapper’s opinions. But his reason, rigour and blatant decency are so refreshing.

So is the furious response from young people who are enraged that Schachter tried to shut Klapper down. This whole incident makes me more optimistic than I have been for a while.

Young people? You think older people defer to the old sage. Oh boy, you have zero idea. Rav Schachter’s knowledge is idealised by boys of 18-24. Y.U. has a left wing and Commentary can easily inflame a situation, better than you can.

PS. You aren’t young anymore, Alex.

Great, I hope you have a nice Seder

We are just at the beginning of all of this.

I’m excited.

I hope you are too.

Well no doubt you will regale both sedarim with fantastics divrei torah devoid of politics, sensationalism, and various modern appendages.

***

*It must be emphasised that the fight is very one sided. Klapper, as far as I know, has not engaged in any way. It is just Schacter calling him an apostate.

You could learn to spell Rav Schachter’s name, especially as there are two at YU who are not related. Finally, make it you next task to try and understand exactly why Rav Schachter does not like the approach to Halacha that Rabbi Klapper utilises.

Enjoy the Charoses. I hope its consumption doesn’t offend the green emission lobby.

PS. I haven’t read this. I just typed it in in one go, so there are bound to be English errors and typos. Forgive these please.
PPS. I just got a new book on the Parsha written by one of his students. Let me know if you want to borrow it.

Mikva and those with a disposition towards the same gender

I am going to confine this question initially to men; that is, those with homosexual preferences. I am also going to confine myself to religious men, because I don’t think that it is likely that non religious Jewish homosexuals would have any connection to this custom.

There is a custom mentioned in the Gemora, which was enacted as a Takana from the Prophet Ezra, that men should visit a (male) Mikvah when they had an ’emission’. It is also true that Mikva was used to purify: the Cohen Gadol used to immerse in a Mikva many times during the services on Yom Kippur. In the days of the Temple even if one was טהור the male went to the מקווה in order to enter the עזרה. Even today, some Chazonim will immerse themselves before certain parts of the davening and this is brought in Acharonim. [ When I led Tefillos on Rosh Hashono and Yom Kippur, I went to the Mikva (also Pesach and Shavuos)]

The main reason for טבילת עזרא (which actually was enacted for both women and men) appears in Talmud Bavli Brachos 22a, and Baba Kama 92a.

The purpose of the תקנה was to “cool down” the tendency to engage in marital relations in an unfettered way, and to keep it “regular” for want of a better term. I am not using the exact words of the Gemora.

The enactment of Ezra was annulled (אורח חיים סימן פח).

כל הטמאים קורין בתורה וקורין קריאת שמע ומתפללין חוץ מבעל קרי שהוציאו עזרא מכל הטמאים ואסרו בין בדברי תורה בין בקריאת שמע ותפלה עד שיטבול כדי שלא יהיו תלמידי חכמים מצויין אצל נשותיהן כתרנגולין ואחר כך בטלו אותה תקנה והעמידו הדבר על הדין שאף בעל קרי מותר בדברי תורה ובקריאת שמע ובתפלה בלא טבילה ובלא רחיצה דתשעה קבין וכן פשט המנהג.

All the impure read the Torah and Shema, and pray (Shemoneh Esreh) except for the one who had an emission, until they go to the Mikvah. The idea is that there is a “process” before marital relations resume, so that the men are not like unfettered  birds who just do it when they want. Later they annulled this … and it was enough that the person has washed in 9 Kavin of water

Chassidim and I suspect Mekubalim say that the enactment was annulled only for learning Torah. However, before one could Daven, one still had to perform Tevilas Ezra daily. This is why one can witness many people go to the Mikva before they have davened.

There is a story from the genius Posek, R’ Avraham Chaim Naeh, the author of the highly regarded Ketzos HaShulchan,

Rav Avraham Chaim Naeh (from wikicommons)

(whose measurements for Mitzvos I’d say the majority of the world outside B’nei Brak follow), and who asked (or was asked) rhetorically, “the words of Torah can’t become Tameh” [so what’s wrong if someone learns Torah without being to the Mikva? R’ Chaim answered, yes, the Torah doesn’t become Tameh, but can the vessel which is receiving the Torah (the person) who is Tameh, absorb Torah.

These days, one sees Chassidim go to the Mikvah (on Shabbos, and every day) and they have a custom (I believe from the Shulchan Aruch HoRav) that the water should be warm.

Even though it seems the Rambam still engaged in Takonas Ezra (I saw this but alas can’t remember where). Many Brisker wouldn’t have even seen the inside of a male Mikva let alone gone into one. On the other hand, other Litvaks, such as Rav Kanievsky (who is also a Mekubal) certainly go to the Mikva on occasions (I do not think every day, but I stand to be corrected).

This brings me to my essential question, and I’d value the opinion especially of those Rabbis who laudably make a quiet but effective effort to ensure those of an LGBTIQA preference don’t feel ostracised in an Orthodox Shule. I mean strictly Orthodox, not “Open Orthodox” and various break aways.

Here is my question:

“What if a religious person knew that he had preferences towards men (he might not act on these, I assume). He doesn’t find himself attracted to women. If he goes to the male Mikva (daily) (where I regrettably note some of the pedophilia mentioned in the Royal Commission in Australia occurred in the Mikva), even for the holiest of purposes, he will see loads of men in various stages of nudity. The showers have no doors and it is completely Hefker in my experience. Indeed, if you want to turn a non-chassidic young kid off, take him to these types of Mikvaos, where they will also pick up tinea and feel very strange. I would imagine, this is akin to a man, going into a sauna (lehavdil) full of women, where the women are in various stages of nudity. (This is a practice in some parts of Scandinavia). In such a Mikva environment, it seems to be that attendance is stoking the fire, so to speak, and making it harder to avoid stirring up homosexual tendencies towards the forbidden act. The religious homosexual knows they may not do the homosexual act. This would introduce a huge temptation to such a person (outside of the Mikva). Should they be allowed to go to a Mikva given that the Takona has been annulled and the temptation is very real.

Those who still keep Takonas Ezra, do so as a matter of Kabalistic piety. If I was a Posek, I would make it known (in a quiet way—need to think how) that those with homosexual tendencies, should never visit a Mikva (unless they are the only person there) as they will be putting themselves into a place that will make it harder to keep the Torah, especially if another homosexual in the Mikva responds to various eye movements etc or even if they are stirred up by it all.

Equally, I would say (not in the spirit of egalitarianism) that a Mikva woman, should not be a Lesbian or the like, as that experience would likely “fuel her fires” in the same way.”

But I am not a Posek. How would Rabonim pasken?

Would we see the more left-wing types, forbid it, but the more Chassidic types cast a blind eye to this practice? Or would it be the other way around. Would left-wing types permit it (equal opportunity, they can control themselves) and the right-wing forbid it, in the same way they would forbid a man to walk into a woman’s sauna?

I know it’s not a comfortable topic, and I have long argued that there is an opportunity for someone to come up with a better specifically architected/engineered male mikva, such that there is no nudity on display, and the volume needed to be accommodated maintained.

In case you are wondering whether I am inventing new laws/problems, consider learning the laws of Yichud (being alone with someone) and you will find that in our own Shulchan Aruch  אבה”ע סי’ כד, it states where there is a concern that men are attracted to each other, then they are not permitted to be alone, in the same way that a male and female are not permitted to be alone unless it’s in a public area with people still awake etc

“ובודרות הללו שרבו הפריצים יש להתרחק מלהתייחד עם הזכר”

I did ask Mori V’Rabbi, Rav Hershel Schachter this question (among others) and although he is certainly not a Chosid, he said it would be prohibited for someone with such tendencies/preferences to go to a male Mikva, where nudity is everywhere, as they would be making life harder for themselves. לפני עיוור לא תתן מכשול (don’t provide fodder to help someone do the wrong thing)

A desirable side effect of such a ruling is that potential abusers would not have the outlet they used, as outlined clearly in evidence in court, where abuse occurred with two people in the Mikva.

Please note: I have not engaged in the issue of homosexuality. Rather, the laws of Tzniyus as they pertain to different tendencies.

Ideally, I’d like to see someone clever come up with a new architecture for Mikvaos for men. I find them a tad gross, and I’m heterosexual.

‘The Rav and the Rebbe’ a book by Rabbi Chaim Dalfin: some comments

I’ve thought about how I will comment on this book. I decided not to review it from a purely academic perspective, as I don’t see the book in the more traditional academic light; there is abundant speculation and innuendo, interspersed both under the surface and visibly, for it to be considered as such. An academic work would seek to start with no or few assumptions let alone perceived bias, and would attempt to conclude and prove on the basis of “raw” facts, without an undercurrent that seems to be attempting to convince the reader to embrace a particular approach a priori. To be fair, towards the end of the book, the author doesn’t deny this and is honest. The author has tried his best.

That’s not to say that the book doesn’t contain useful information; it does: I am always (addictively, one might say) interested in discovering new things about Rav Yosef Dov HaLevi Soloveitchik (the Rav) and Rav Menachem Mendel Schneersohn (the Rebbe), although not so much in the sole sense of their relationship, but rather their philosophies, deeds, accomplishments, and advice for living a fulfilling Torah life. These were two unparalleled leaders of our time with enormous accomplishments. Sadly, I didn’t possess the maturity or have the opportunity of interaction to appreciate them while they were living in our world. Perhaps I’d be less perplexed or even less universalistic than I tend to be.

As background, it behoves me to re-state that I studied in Chabad during my entire schooling and am thankful for the Rayatz for setting up a School in the antipodes which served the children of Holocaust survivors. I gained a methodological approach to “learn” at Yeshivat Kerem B’Yavneh in Israel after that. These days I attend varied Shules that follow Nusach Chabad (I used to go to Mizrachi and Elwood, mainly, as that is where my father davened, and I was also Shaliach Tzibbur on Yomim Noroim). One is often influenced to be where their grandchildren are. It is good for them to see Zayda at Shule. I need to do more of that.

A keen sense of Chabad doesn’t elude me, having three sons-in-law and a son who consider themselves Chabad Chassidim of various shades. I don’t have any problems with that, and I hope they don’t have any problems with me having my own approach. In fact, I encourage them to adhere to their principles.

I only visited 770 once, a few years ago, and although I was in New York many years prior, never felt a sense of self-importance to go to the Lubavitcher Rebbe.  At that time I convinced myself that I had nothing burning to justify disturbing a busy Rebbe. I did enjoy the shtetl-like Crown Heights and managed to speak with many of the older, well-known personalities. This is another penchant of mine as they are a fountain of experience and wisdom.

The Rav, on the other hand, wasn’t part of my life until much later. I wouldn’t have asked him for a Brocha per se if I’d seen him. He was not a Rebbe. More likely, I would have taken a back seat and listened and tried to absorb. He had passed away by the time I felt the magnetism. I was and am exposed to him through his writings, talks, and the material from his students: one of whom is my primary Posek. The Rav is a source of fascination. A brilliant Brisker Talmudist, primarily, who taught a solid Mesora to legions of Rabbis, he also acquired a PhD in Philosophy (which he originally wanted to write about the Rambam but could not, as there wasn’t a qualified supervisor willing to supervise him in Berlin). My own career in University, although not in Philosophy, may be a factor in that attraction, but I’m not sure of that.

I have written a few blog posts on the topic with some documentary evidence and my own speculation. There should be no doubt, however, that the Rebbe had halachically and personally derived respect for the Rav. He stood upright at a Farbrengen as the Rav walked in, and remained standing when the Rav left. This has its roots in Halacha, and is most significant, even for a Chassid. I do get offended when the Rav is referred to as “J.B”. I hear this from Lubavitchersand some others. I find this an enormous Bizayon HaTorah, and make my feelings known vociferously. Can one imagine calling the Rebbe “M.M”? It’s a Chutzpah.

This was some background. I felt it important to mention, lest it biased my reading. It’s up to other readers to decide that, though, and I welcome any of their reflections.

Rabbi Dalfin’s book was been proof-read, and although there are some English errors, I sense English expression isn’t his forte. It reads more as a communicative attempt to search for commonalities, even obscure, irrelevant, and quite subjective ones, as a means to unite the two giants.

The purpose of this attempt at uniting and attempt at commonality is clear: it is to make Chabad more palatable or desirable for YU-style Talmidim. I didn’t find, though, any reciprocal exhortation or suggestion that someone from Chabad read, for example “Abraham’s Journey” while we are in the midst of B’Reishis. It’s a very good read, by the way.

I have never met Rabbi Dalfin, and that is probably good, as I maintained an open mind. I am acquainted with his ex-Melbournian wife and know his famed mother-in-law, but that is tangential. Notwithstandingly, the book I see the book as a pseudo-academic work designed to also function as a soft and diplomatic/disguised approach to convince the non Chabad students of Toras Rav, that:

  1. the distance between Chabad and the Rav’s Mesora is closer than they think;
  2. since the Rav was exposed to Chassidus as a child it not only affected his vista of Yahadus, but the Rav’s Talmidim should do likewise; and
  3. the Rav continued being an avid reader of Chassidus.

Rabbi Dalfin is aware that these accusations would be forthcoming and I feel he did his best to submerge them. In the process, I am sure (or hope) Rabbi Dalfin also gained an enormous respect for the Rav. At the end of the day, though, Rabbi Dalfin is a Chabad Chassid first and last, and that commits a person to clear boundaries and conclusions. It’s not my way, but it’s a valid approach.

Rabbi Chaim Dalfin
Rabbi Chaim Dalfin

 

There has been a group in YU who learn Chassidus already for some years. This also manifests itself amongst some in Yeshivot Hesder. Rav Hershel Reichman, one of the Roshei Yeshivah, has taught Chassidus for eons and visited the Rebbe at least three times, and one of the newer Mashgichim at YU is the charismatic Eish Kodesh of Woodmere, a fully-fledged Chassid (but not of Chabad per se). One can even download on yutorah.org (I think two) sets of Shiurim on the complete Tanya.

None of this is surprising due to the fact that at YU and RIETS, one isn’t shackled. In Chabad, one is more limited to a pre-defined set of Seforim. Individual Chabadniks, often the most impressive messengers of Chabad’s mission, are the ones who have also read more widely. The stock standard Chassid limits themselves safely to Toras Chabad and Torah She Baal Peh and Biksav. Personally, I appreciate it when someone tries to imbue a new insight, irrespective of what it’s based upon.

Chakira-philosophically styled works-is not encouraged in Chabad institutions today to my knowledge, and yet, I believe the original students of the famed Tomchei Temimim needed to know Kuzari and Moreh Nevuchim, before being admitted. The argument might be that in our day, people are not at that level and not equipped to deal with the challenges. This is cogent, but is it universally effective? Alternatively, the Lubavitcher Rebbe provided a comprehensive and firm formula relating to Jews which navigates around these types of seforim and provides an alternate approach, even though an enquiring mind may want to dip their toe into philosophical questions. Lubavitch emphasises Bitul, and Chakira involves questioning. Are they mutually exclusive?

For Chabad, there is only Chabad Chassidus, and it is often referred to as the Shaar HaKollel, the gate that all and everyone should enter, and Chassidus must be spread far and wide as a pre-condition for Moshiach. I don’t even think Rabbi Dalfin would agree that this was the view of the Rav or his Talmidim! In that sense, the Rav and the Rebbe were worlds apart. Perhaps they completed each other? One manifested their inherent gifts as a “Melamed/Rosh Yeshivah/Posek for the RCA” and the other as a “Manhig for all Jews”. They are different categories of leadership and contribution. Both were intellectually and intuitively well advanced over stock Rabbis in their generation, and were the subject of unfound criticism, as a result. That has been a hallmark of Rabbinic history, sadly.

I found that there was repetition thoughout the book, and that it could have been cut down by perhaps one third. The most interesting things = were footnotes where the author had sought interviews with people, whom I had not heard of or read about. For this alone, it was certainly worthwhile, especially for a somewhat addicted one to these personalities.

I now make some non-exhuastive comments on various parts of the book. While I was reading, I placed an ear mark against something I felt warranted comment. I now go back to each ear mark and try to remember why I did so!

The Rav (second from left) with Rav Shmuel Walkin

On page 43, Rabbi Dalfin notes that the Rebbe met Rav Hutner. I would expect that Rabbi Dalfin also knows that when Rav Hutner wanted to learn Chassidus, eventually he had a Friday night session with the Lubavitcher Rebbe (who was the Ramash at the time) at the explicit direction of the Rayatz, the Ramash’s father-in-law. The other brother in law, the Rashag, who was an important personality, was the original Chavrusa, but Rav Hutner needed more. Rabbi Dalfin didn’t need to tell us this, but it is an interesting historical fact.

I do not know where Rabbi Dalfin has information that the Rav ever spoke to or had anything to do with Nechama Leibowitz, even though she was there. She apparently sat in the library behind a mound of books. No doubt he would have nodded his head in passing. We do know, that the Lubavitcher Rebbe and others were in a tutorial with a series of august Rabbis, and were taught by Rav Aharon Kotler’s more controversial sister (this is documented in ‘The Making of a Gadol’ by Rav Kaminetzky, where she is alleged to have said who she thought was “smartest” of the talented group studying in Berlin).

As far as I know both the Rav and the Rebbe attended Rav Chaim Heller’s shiurim quite often. Rav Heller, however, maintained his relationship in the USA with the Rav, and the Rav’s hesped for Rav Heller was like a son for a father. It is one of the Rav’s classic hespedim.

The Rebbe in the early years, as the Ramash
The Rebbe in the early years, as the Ramash

The interchange about the Rambam at the Shiva call, seems to be questionable, or at least there are two versions. It would have been good if the actual letter from the Rebbe to the Rav was reproduced in the book. I’m sure it exists. The traditional story I read about and heard was that they discussed the laws of an Onen and Trumah and at one stage the Rebbe said “it is an open Rambam”. The Rav replied “there is no such Rambam”. Most of the discussion was in half sentences which the bystanders could not follow. One would start a Ma’amar Chazal, and the other would counter before they had finished their sentence. Subsequently, the Rebbe noted in his letter that it wasn’t actually in the Rambam’s Halachic writing, but appeared in the Rambam’s earlier glosses on Mishnayos and apologised for the misunderstanding.

On page 44, Rabbi Dalfin seems to be apologetic when saying that the Rebbe did not reciprocate a shiva call to the Rav because he stopped leaving 770 except to visit the grave of his father in law, the Rayatz. This may be true. Rabbi Dalfin notes however the phrase “with very few exceptions” that he did leave. I have little doubt that each such exception (prior to the early days when the Rebbe performed Chuppa/Kiddushin) were for important Chassidim or special cases/incidents. There were exceptions, though, and this can’t be glossed over: the Rav’s Aveilus was not one of them, though the thesis is that they were good friends. The Rebbe wrote as much. Clearly, visiting the Rav for a Shivah call was not one of those exceptions; the Rav saw it at least as an Halachik obligation to console the Rebbe personally. Indeed, the Rebbe subsequently wrote to the Rav, proposing that it might be possible to console a mourner through the written word. The Rebbe, also being felicitous to Halacha felt that he needed to explore and justify that one can be Menachem Avel through a letter. [I do not know if the Rebbe rang the Rav. If he did not, why not? If he did, I may have missed it in the book]

Page 46 (and other pages) In reference to the meetings of minds between the Rav and the Rashab at the Kinus HoRabonnim in Warsaw to oppose secular studies in the Yeshivas, as proposed by the Soviets, there seems to be no mention about the other recorded tradition. The Rashab was allegedly depressed because he felt he and Rav Chaim would lose the vote, being in the minority. The Rashab was weeping. Rav Chaim approached him and told him that he shouldn’t weep. Rav Chaim assured him that it would not happen. As I recall reading, just as the discussion/vote was to start, Rav Chaim rose and ascended to the Bima, banged his hand, and issued a formal Psak Din, that it was forbidden to listen to the Soviet proposal. None of the great Rabbonim who were present, was game to challenge Rav Chaim, even though they were great, and the meeting was over. I’m not sure why this version which has appeared in other places, isn’t mentioned.

On page 49, Rabbi Dalfin states that the Rav was a studious admirer of the Baal HaTanya. The Rav was certainly studious and was an admirer, but one needs to bring some evidence that the Rav learned Tanya regularly or semi-regularly following his youth to come to some of the conclusions Rabbi Dalfin seems to suggest. The Rav certainly knew the Tanya, as he did the Nefesh HaChaim of his ancestor, and he is one of the few who understood the differences. Unlike the noble recent translation of the Nefesh Hachaim by Avinoam Fraenkel, the Rav and the Rebbe both felt that the approaches to Tzimtzum were not the same. Either way, Tzimtzum isn’t something on my lips on a regular basis and I can’t say I think about it much. Ironically, I do when engaging a non Jewish students who wishes to talk!

The Rav was also a philosopher, yet Rabbi Dalfin states that in the Rav’s speech extolling the Rayatz, the Rav’s use of comparison between the Rayataz and Rabbi Chanina Ben Dosa, was inspired by the writings of the Alter Rebbe in Tanya. Supposition?  The Rav knew Tanya and it’s there, he would have seen it and in Chazal. If he didn’t know Tanya, then he would have known the Chazals. It shouldn’t be remotely claimed that the Rav applying this praise to the Rayatz, was some type of pseudo plagiarism or an imperative derived from the Tanya. I got that message and didn’t appreciate it. Perhaps it is what gave the Rav the initial idea to create such a masterful Drosha, but the Rav was not a regular copyist (in fact, when he visited Rav Chaim Ozer Grodzensky he was quite upset as he perused Rav Chaim Ozer’s Seforim, because he saw many of his Chiddushim has been published by others, and he had not seen those Seforim until then).

The Rav was a Master darshan in his own right and had plenty to call upon. He didn’t need Tanya to construct his positive comments about the Rayatz, and one doesn’t need to justify saying something that appears in many places! By the way, to buttress my point, Rabbi Yitzchok Dovid Groner told me that he was present for this particular Derosha from the Rav, and it was the best Drosha he had ever heard. Rabbi Groner was well acquainted with the Rayatz and the Tanya and the Rebbe.

On page 50, we come to a quandary. If the Rav was so infused with Chassidus Chabad, why did it apparently take his recovery from an illness to teach Chassidus for 15 minutes as a measure of Hakoras HaTov. Before the Hakoras HaTov, he didn’t find it important enough?

I don’t recall Rabbi Dalfin mentioning the Rav’s comment extolling that a unique greatness of the Rebbe was his ability to take Yahadus into Reshus HoRabbim and that this was something the rest of the Rabbinical world could not or would not do, with fervour, organisation and single mindedness. Many kirov organisations try to emulate the approach, but aren’t quite as effective due to the Mesiras Nefesh of the Chassid.

On page 53, Rabbi Dalfin brings no source for the alleged knowledge of Sam Cramer. If it is true, then the Rayatz’s wife and daughter would have known about it, in the least!

On page 59, Rabbi Dalfin mentioned Rav Mendel Vitebsker seemingly nonchalantly as someone who accompanied the Alter Rebbe to see the Gaon of Vilna (others say it was the Berditchever, as Rabbi Dalfin mentions later). Rabbi Dalfin will know that Rav Mendel, also known as R’ Mendel Horodoker, was explicitly referred to as Rebbe by the Baal HaTanya himself, and the Baal HaTanya followed his Rebbe physically as a chassid to Israel, until told to turn back by R’ Mendel and look after the diaspora in Russia. It has always been a mystery to me why Rav Mendel isn’t considered a Rebbe before the Baal HaTanya in the chain of Chabad lineage, given that the Baal HaTanya considered and wrote of him as his Rebbe. Perhaps it’s because he wasn’t related to the Schneersohn dynasty. Either way, that is a side issue, but one that has intrigued me. Indeed, when I spoke to the late and great Chassid and friend, R’ Aharon Eliezer Ceitlin about this point, he mentioned that someone had once asked the Rebbe this question at a farbrengen, and the Rebbe replied that “it was a good question”. Take it for what it’s worth. I’m repeating what I was told. There is probably another reason.

On page 61, Rabbi Dalfin concludes that early tradition guided much of the Rav’s acceptance of Chabad. I see no logical conclusion for that. The Vilna Gaon went into exile for months, climbing through a window and issued a Cherem! Yes, the Vilna Gaon may have been misled, but a better proof would have been from the Rav’s relative, Rav Chaim Volozhiner, who pointedly did not sign the Cherem, even though he wrote it!

On page 63 Rabbi Dalfin argues that the Rav wasn’t a traditional Misnaged. He doesn’t define Misnaged. They come in different modes today. He needs to. A full misnaged is opposed to all Chassidic groups! My Rov, Rav Boruch Abaranok used to say, “Halevai there were Misnagdim today and Halevei there were Chassidim”.

Rabbi Dalfin surmises that the Rav didn’t go to the Mikva every day “perhaps because learning was more important”. The Rav was the quintessential Halachic man. Perhaps he saw no Halacha vis a vis Takonas Ezra requiring him to go Mikvah. On the contrary, one could conclude that Chassidus had not enough effect on him when it was weighed against Halacha Peshuta and his Brisker Mesora. (Apart from the fact that the Rav presumably showered and according to his student Rav Schachter and others, this suffices for those who wish to keep Takonas Ezra today). In those days, Mikvaos were also the central place to have a Shvitz and a clean up of sorts.

I do not know what is meant by the misnaged approach to practical Halacha that Rabbi Dalfin writes about. If anything, Brisk was highly critical of the Litvishe Yeshivas engaged with Pilpul and not drilling down to Halacha. The Rav was quite sharp in criticising that aspect. This was also the view of Rav Kook who never finished the books he wanted to write (as opposed to the snippet of diary entries which have been morphed and altered into books and are therefore mired in controversy).

On page 64, Rabbi Dalfin concludes based on David Holtzer’s book that the Rav did not think much of Polish ChaGaS. The Rav was despite his strong persona, extremely tolerant. His views were firm, but if there was a Yid for whom ChaGaS was a major ingredient and perhaps suited their personality, I cannot imagine from the Rav’s writings, that he would have an issue with it, let alone tell the person to abandon ChaGaS. The Rav wrote what affected him. I am not sure he wrote to convince others to change their approach to Yahadus.

The Rav had a lot of time for the Tehillim Yidden in Khaslavich. These were indelible memories. Yet, saying Tehillim was not the Brisker way. Brisk were the elite. I’d venture to say that Rav Moshe, the Rav’s father was more elitist (call it extreme masoretic) than the Rav, but the Rav was not, even though he maintained a personal unshakeable fidelity. Rav Moshe preferred Mishnayos, as is known by the practice between the two on Rosh Hashona.

Rabbi Dalfin relates that the Rav was allegedly eventually convinced of the emotional style of attracting Jews practiced by the Bostoner Rebbe, with whom he was close. But, the Rav had an open mind, and when he saw it had a place for certain types of Jews he accepted it. I don’t find it surprising. Evidence is a powerful ingredient. [On taking fringe ground: Both the Rav and the Rebbe gave Rabbi Riskin permission to develop Lincoln Square Synagogue, but this was not advice for others.]

This is in stark contradiction to the general approach of the Lubavitcher Rebbe. The Rebbe adhered to one way; Toras HaBaal HaTanya as successively elucidated and revealed by successive Rebbes. I can’t belittle such an approach. Why would I? I know many who are consumed by it. The Rebbe never deviated from it, and when in doubt, he followed what his father-in-law (as opposed to his more Kabbalistically inclined father) did. He was completely beholden to his father-in-law until his last breath, and felt he was an extension of his mission (in my opinion). In this sense the Rav and Rebbe were chalk and cheese. The Rav and Rav Moshe weren’t exactly kindred personalities but they had an understanding, a bond, perhaps a quietest bond void of emotions. The Rav, though, was not the pure extension of his father. That being said, he trembled to teach a Masechta that he had not learned with his father.

I recall reading a story that the Rav was to be a Sandek at a bris where they were going to do Metzitza using the mouth. The Rav who was Sandek, informed the Chassidic Mohel, that he forbade him to do so. The Rav was concerned for health reasons, and this was a matter of Halacha. Brisk are notorious for their stringency on matters of health, which results in leniencies. Two or three times they argued back and forth, and the Mohel refused to budge (he obviously didn’t think much of the Rav; Chassidim dismiss him as out of hand, but quietly admit that he was the inheritor of R’ Chaim’s brilliant mind). At that moment the Rav told the Mohel, “you are lucky that my father isn’t the Sandek. He wasn’t as tolerant as me. He would have walked out and refused to move one iota”. In this sense, I think Rav Moshe, the Rav’s father, was more like the Lubavitcher Rebbe showing a more singular unshakeable approach. He followed his Beis HoRav to the minutest detail [although in his later years he adopted the Tachkemoni approach, which didn’t work out for various reasons]. The Lubavitcher Rebbe had his singular vision and methodology and that could not be compromised and was a faithful brilliant continuation from the 1st Rebbe of Chabad.

On page 77, Rabbi Dalfin writes of an interchange with the venerable Rav Mendel Marosov regarding Mussar and Chassidus. One need not read the interchange in the way that Rabbi Dalfin interpreted it. Rather, the Rav could easily have been saying “Rabbi Marosov, you are a Chassid, you should be asking me not about Mussar but about Chassidus“. Neither implies that the Rav held that his Talmidim had to learn either. In Brisk they had a disdain for mussar (some called it Bitul Torah), and didn’t know of Chassidus. The Rav was exposed to Chassidus, and it gave him a non Brisker Geshmack in the same way that his mother did for the emotional side of Judaism and the secular scholarship of the world, in contrast to the more limited approach of his father.

Rabbi Dalfin states,

“if we truly respect the Rav and wish to fulfil his wishes(!) then Chassidus should be taught and studied at YU”.

This is a very long bow. Many of the Rav’s best Talmidim don’t study Chassidus regularly or at all, and were never asked to do so by the Rav! Certainly Rav Schachter quotes both from the Baal HaTanya and the Nefesh HaChaim and considers them both important Seforim. The thing I infer is that the Rav wanted to create original, halachically, sound-thinking, critical-thinking Rabonim, bound by a Mesora that behoved them to consult their Chaveirim if they had a Chiddush in Halacha, and then to do a PhD to enhance their ability to research with an academic nuance and think methodologically with the rigour he was exposed to in his University studies (and also relate to the new American, who spoke a different language).

On Page 86 Rabbi Dalfin notes “Some have criticised the Rav for being indecisive”. With this statement I believe Rabbi Dalfin is evasive for diplomatic or other reasons in order to further part of his agenda, and perhaps it indicates he doesn’t appreciate fully the Rav’s way. In fact it was the Lubavitcher Rebbe himself who noted the Rav was prone to sometimes change his mind.

Letter from the Lubavitcher Rebbe ז'ל mentioning the Rav ז'ל
Letter from the Lubavitcher Rebbe ז’ל mentioning the Rav ז’ל

In an interchange with Rabbi Dalfin, I criticised him for consciously leaving this letter out of his book and addressing it. He responded that he didn’t have the full context of the letter (and neither did I) and had consulted others as to whether to include it. It could well be that the rest of the letter had nothing to do with these comments, but it’s hard to imagine that the letter would be an expansion of what the Rebbe said, or a self-softening of what he said. My view is that they were intrinsically, also different.

Anyone who has seen Rav Schachter during Summer in Tannersville, knows that when he starts learning Gemora on his porch, he tells the many who wish to join him, that they must remove all their previous thoughts and knowledge about the Gemora and think originally again! This was what he learned from the Rav. It was about never being afraid to revisit an issue and conclude differently” (as did Rav Chaim Brisker famously in his inaugural lecture in the Volozhiner Yeshiva).

Some might say this indicates that the Rav vacillated, or was weak. [The episode of Kashrus in Boston, which Rabbi Yehuda Krinsky’s father experienced put paid to that. The Rav didn’t budge an iota when the Halacha was as clear as could be, and suffered (in his words) with the attempts to discredit him in court] To do so, in my opinion is to not understand his halachic honesty and his self-sacrificial fidelity to Mesora, that “every day it should be in your eyes, like something afresh”.

To Rabbi Dalfin I say, you should have published the part of the letter, translated it, and then made whatever comment you could or could not make. You could even have even left it to the reader.  To leave it out, is not the way, and the book is poorer for not mentioning this. I was also critical of both Rabbi Yehuda Krinsky and Rabbi Yossi Jacobson for not addressing this letter in a forum about the Rav and the Rebbe at YU (such a forum wouldn’t happen at 770 🙂 and I corresponded with Rabbi Jacobson on this matter, privately. As I recall, we agreed to disagree.

The Rebbe and the Rav
The Rebbe and the Rav

The fact is that this letter was hidden, and only known about by few. I don’t usually look at statistics on my blog, as they don’t interest me; I write because I feel a need to, at times. The statistics spiked when I published the letter) wordpress had sent me an email. Note also that anything personal could have been redacted, and the entire letter published. Everyone knows the librarian at 770, and they can obtain this letter from him and do the needful, unless there was a specific command for the librarian not to release it (and if there was, one needs to ask why). There are other cases where Chassidim (not the Rebbe) tried to prevent the publication of something he said.

My view is that this letter does not mean the Lubavitcher Rebbe was not fond of or friendly with the Rav, but it does mean that aspects of the Rav’s Derech HaTorah were not in tune with the Rebbe. I believe this fact is inescapable.

The Rav was also misunderstood. Many a time a Talmid would come to “ask a Shayla”. The Rav nodded. When asked why he nodded when he was against the proposal put forth by the Talmid, the Rav said, that [young modern Rabbi, as Rav Hershel likes to put it] did not come to ask me a Shayla. He already had decided. He had some contorted opinion to rely on, but the Rav did not agree with it LeHalacha U’LeMaaseh. He was, however, not interested in the Rav’s Psak. Someone of this type doesn’t come to the Rav as a Talmid to a Rav.

There are many stories of people asking the Rav if a woman has to wear a head covering. The Rav answered “yes, definitely”. They were “smarter” than the Rav, and thought he was just giving a dry diplomatic answer given that his own wife didn’t wear one (for reasons I’m sure she could explain). The Rav answered honestly, I have no doubt, and this is what he held.

On page 87, Rabbi Dalfin states that the Rav tried to be lenient on some rulings! I don’t buy this for one second. The Rav paskened according to what he firmly concluded was Halacha, and like all Poskim, specifically for the person asking the question, and the circumstance. His grandfather used to find lenient positions to make a Chicken Kosher. Did this make Reb Chaim a Kal? The strength of a Hetter is more powerful. The Rav would never pasken unless he was confident and if something new (technologically or fact-wise) came to light, he was intellectually honest enough to change his ruling. This happened with electricity and microphones, for example. He wasn’t the only one. He saw no contradiction with that. It was an imperative. Rabbi Dalfin hints at this in the footnote, but that sort of comment is for the text, not a footnote.

I am sure that Rabbi Dalfin also knows that when it came to questions of Yichud and adopted children, the Rebbe often suggested the couple go to see the Rav in Boston for a Psak, rather than ask the Rebbe. Why would the Rebbe do that if he didn’t respect the Rav as a Posek with broad shoulders?

The Rashab
The Rashab

On page 102, Rabbi Dalfin takes a long bow and attempts to extrapolate that the Rav “learned from Chabad” that a simple Jew should fuse the spiritual and the mundane. Does this mean Chabad follow Torah U’Madda or Torah Im Derech Eretz? Absolutely not. Chabad astonished the young Rav when he observed that simple Jews displayed real Yiras Shomayim and yet did so without great Torah knowledge. This contradicted his Mesora. It’s irrelevant anyway now. Both Chabad and YU stress the need for great Torah knowledge, (Chabad still maintained its Mesorah for saying Tehillim, and Rav Moshe would still have encouraged learning Mishnayos)

On page 125, it is noted, that the Rav was not in the habit of going to hear Torah from a Torah Genius. It is true, he didn’t go to other tishes or farbrengens. He didn’t even learn in a mainstream Yeshivah. Today’s Yeshivas would have thrown him out! Look at the way the Aguda spitefully treat Rav Schachter at the Siyum Hashas. He is seated at a back table, despite the fact that he likely knows more than all those at the head dias. This is Kavod?

What would the Rav learn in Viznitz or Belz! He did go to Rav Chaim Heller, as did the Lubavitcher Rebbe, and Rav Heller was a genius but was not gifted as an orator and those around him often didn’t understand what he was saying. The Rav would elucidate. This doesn’t contradict Rabbi Rakkefet’s comment brought in the footnote that the Rav would interrupt, as if to imply he didn’t have respect for Rav Heller’s Torah or think it was worthwhile attending! The Rav, however, had very firm views of the standard of Torah of others. Rav Shimon Shkop was a Rosh Yeshivah at YU until his students sadly cajoled him to go back to Europe. The Rav didn’t feel at all inferior to the Rav Shimon Shkops and other luminaries at YU. He taught his way.

The Rav discussed Torah with Rav Aharon Kotler and Reb Moshe Feinstein, and visited sick Gedolai HaTorah who were in hospital who were visiting from overseas, and lifted their spirits through Torah interchanges. He was also the Chairman for the Chinuch Atzmoi at the behest of Rav Kotler because even though he had moved philosophically towards the vision of Mizrachi, he never minimised the importance of Rav Kotler’s work, and he also used to interchange Toras HoRambam with his Uncle, Reb Velvele (although the shameful ones removed the Rav’s name as the author of the letters). The Rav used to ironically send money to his Uncle to support his institutions! He was tolerant to those who learned Torah; even the Neturei Karta.

One can conclude that the Rav thought enough of the Rebbe based on personal interaction that he would come to part of an important farbrengen. It is not surprising that hearing the Torah there, he stayed as long as he felt well enough. Why wouldn’t he? The Rebbe was a genius. I don’t think that had to do with friendship per se. There was some Hakoras HaTov, but in the main, he was attracted to what he was hearing.

There is a theory, I think Rabbi Jacobson mentioned it, that the Rebbe tailored what he was saying, to respond to some of the issues the Rav had written about in the Rav’s Seforim. I’m not at the level to understand that. If I ever meet Rabbi Jacobson, I’d be interested to try and understand.

I wish to note another comment that I read in Rabbi Sholem Ber Kowalsky’s book, which I bought for some reason. He had been in the car, as I recall. Someone “borrowed” the book from me, and I haven’t seen it in years. Bring it back! In addition to what the Rav said in the car on the way back as reported by Rabbi Dalfin, the Rav also is reputed to have said that “Er meint az er iz Moshiach”, that the Lubavitcher Rebbe thought he was Moshiach. I know there is a JEM video with Rabbi Kowalsky and I don’t recall him saying that phrase in the video, but I clearly remember reading it, as it hit me between the eyes at the time. I don’t have a clue if it bothered the Rav in any way; I doubt it. I think his mind would be on the Shiurim he was to deliver.

Rabbi Dalfin seems to associate the Rebbe standing when the Rav entered the farbrengen as some sort of reciprocation. How does Rabbi Dalfin know that the Rebbe reciprocated because he saw the effort the Rav made (as a sick man who found it difficult to sit with sciatica) to come. Does Rabbi Dalfin, a Chabad Chassid not consider that the Rebbe stood because that is the Halacha for people of the calibre of the Rav!?! I guess for a Chassid, that just doesn’t work.

1. Rav Dovid Lifschitz, Suwalker Rav, 2. Rav Moshe Shatzkes, Lomza Rav, 3. Rav Yosef Dov Soloveitchik, R”Y RIETS, 4. Rav Chaim Heller, R”Y RIETS, 5. Dr. Shmuel Belkin, Presiden of RIETS
1. Rav Dovid Lifschitz, Suwalker Rav, 2. Rav Moshe Shatzkes, Lomza Rav, 3. Rav Yosef Dov Soloveitchik, R”Y RIETS, 4. Rav Chaim Heller, R”Y RIETS, 5. Dr. Shmuel Belkin, Presiden of RIETS

The size of the Shule that the Rav davened in as described in page 170 was small. The Rav wanted to teach students how to learn according to his Mesorah. He wasn’t a Rebbe, and saw no need for them to follow his personal Minhogim and styles. The Rav davened quickly, for example.

Both the Rav and the Rebbe were snappy dressers in Berlin. For the Rebbe, this was a negative amongst older Chassidim who were displeased that he wore white gloves to the Seuda for his Wedding, and had removed his Kapote, as described in the Warsaw press, at that time in the early hours of the morning. (The article from the press appears in “Larger than life” and is very detailed; it was a big story). I have both volumes of Larger than life if anyone is interested. I know the author is derided.

On page 140, Rabbi Dalfin claims that they had a different view of active messianism. I’m not sure why there is at least no footnote of evidence to support this statement. Rabbi Dalfin seems to forget that studying Kodshim, which is a Brisker emphasis, has plenty to do with being ready for the immanence of Moshiach. It is a Torah-study based activism and preparation (the same view was held by the Chafetz Chaim and Rav Kook). I’m not arguing the point, but just wondering if he had evidence that the Rav was opposed to the Rebbe’s approach. Could they not be complementary? After all, the Rebbe inaugurated the learning of the Rambam daily because it covered all aspects of Halacha and was unique, including the times of Moshiach and Kodshim and Tahara etc

On page 142, it is claimed that the Brisker tradition meant that the Rav may have been “less forgiving” in dialogue with visitors than the Rebbe. I think Rabbi Dalfin forgets that Rav Chaim left a specific command that only “Ish Hachesed” should be left on his tombstone. Rav Chaim was known to be very soft with the people, but tough in Torah discussion. The Rav was no Rogatchover firebrand with visitors, although he burned with Torah, and indeed, the Rav was very different to his father, possibly on account of the influence of his mother. Whilst in the early days of Shiur, the Rav “took no prisoners”, I’m not aware that he treated each person who came to his house with pure graciousness as per Halacha. If Rabbi Dalfin has evidence to the contrary, it should be presented.

On page 143, there is not enough evidence for the claim that the Rav studied the Moreh Nevuchim (regularly or semi-regularly). Of course he had studied it. We know he gave a year-long shiur on the topic that has been masterfully put together into a book by Professor Lawrence Kaplan recently, however, in the scheme of things, the Rav was much more of a “Melamed” of Shas and Poskim, then a teacher of philosophy. I wonder how often he picked up the Moreh Nevuchim later? How many of he Rav’s shiurim diverged into Philosophy or Chakirah? Do they sit in a filing cabinet?

Asking what the Brisker fascination with the Rambam was, is like asking why the Lubavitcher Rabbi had a fascination with every nuanced word of Rashi on the Torah. What about it? The Rambam was unique, as expressed by the Beis Yosef himself. There is no doubt about that. Indeed, at a Shiva call, the Rebbe asked the Rav, what his opinion was about the Philosophy of the Alter Rebbe, given that the Rav was ‘a philosoph’. The Rav responded that since the Rambam, there has been no greater Jewish (or non Jewish) philosopher than the Alter Rebbe. I heard and saw this stated from the mouth of Rav Hershel Reichman, who was in the room at the time, and is one of the Roshei Yeshiva at YU.

Rav Sholom Ber Kowalsky
Rav Sholom Ber Kowalsky

On page 170, Rabbi Dalfin seems surprised that Mori V’Rabbi Rav Hershel Schachter didn’t “hang out to daven” wherever the Rav was davening. I’m not sure why Rabbi Dalfin was so surprised. Prior to the current Litvishe Rabbis effectively imitating the ways of the Chassidishe Rabbis in that they became the locus of all activity, the Rav did not like anyone simply following his practices because he did them. He respected that there were family customs; his job was to teach Torah. He wasn’t taking the place of his father or grandfather and expanding the Shule he attended into an enormous gathering of Chassidim. Chassidim emulate every aspect of their Rebbe. They even clap their hands in the same style, and reshape their hats with a Kneich in the same way. This is totally foreign to a Brisker Litvak like the Rav.

ravmoshesoloveitchik
Rav Moshe Soloveitchik

On page 175, Rabbi Dalfin describes the non Brisker message the Rav derived from the simple Chassidim of his youth. The Rav has written about it. Nowhere did I find support for Rabbi Dalfin’s comment that this was attained through attending farbrengens! I can’t even imagine Reb Moshe allowing his son to attend. If I recall, the Rav retells how at Melave Malka he experienced the longing of Chassidim to extend the Shabbos and how that impressed him greatly (and yes, the Rav kept Rabbeinu Tam’s times for Shabbos). I haven’t read anywhere about the effect of any farbrengens per se on the Rav.

On page 198. Rabbi Dalfin quotes an exchange with Rabbi Fund. It is interesting, but I don’t think Rabbi Dalfin sees the message adequately, that when the Rav learned Likutei Torah, Rabbi Fund states that he only elaborated on topics that he recognised, and that he didn’t use Chassidic language. Most importantly, contradicting the undertones of Rabbi Dalfin’s book, is that Rabbi Fund states that

“His [the Rav’s] exposure to Chassidus was limited

Rabbi Dalfin attempts to connect the teaching styles of Reb Yoel Kahn and the Rav. I once tried to listen to Reb Yoel Kahn, and found his delivery very difficult to follow. I think this was due to a speech impediment. The Rav was an orator. But more to the point, the Rav was a Mechadesh. Does anyone in Chabad think that Reb Yoel Kahn said or wrote original Chidushim in Chassidus? Surely he crystallised the thoughts of the Rebbes for the masses and is most influential in that way.

On page 225, Rabbi Dalfin recounts the Shavuos meal shared by the Rashab and R’ Chaim as retold by the Rayatz. I do not understand why Rabbi Dalfin didn’t mention that in response to the Rashab, R’ Chaim provided his own Torah in response, let alone reflect on what R’ Chaim was trying to say )I read this in Nefesh HoRav, I believe). I read the episode as two Torah giants exchanging Torah at a meal with mutual respect. I’m not sure how one reads Rabbi Dalfin or the Chassid with whom he discussed it and the novel explanation, without the context of R’ Chaim’s Torah at that same time. In addition, was there any evidence of “push back” from the Rav to learning Chassidus. I know that when he did take that initiative, he stopped Likutei Torah, and tore strips off Rabbi Menachem Genack, and said that this study was not for those who couldn’t use their heart, and stop focussing on the Rav’s brain.

On page 230, Rabbi Dalfin seems to imply that there is a paucity of “mimic acceptance” amongst Chassidim. My understanding is that Chassidim first do accept anything the Rebbe says or does, and then try to understand it (if they are successful). The Rav, was a great supporter of mimetic tradition, when it came to Mesorah (his son R’ Chaym famously writes about the concept in Tradition), but when it came to learning the truth of Torah, he had no place for non-critical regurgitation. One needed to personally work to come to sound conclusions. This was his definition of proper Torah study LiShma. Indeed, as a simple example, the Rav never accepted the new Techeles, not because he had some scientific or halachic objection, but because a Mesora had been broken. Yet, his student, Mori V’Rabbi Rav Hershel Schachter, does wear Techeles, and brings cogent arguments as to why one should do so as a Halachic preference. The Rav would have had no issue with a Talmid Muvhak, deciding in this way.

On page 236, Rabbi Dalfin wonders how the left of the RCA were becoming more dominant. For one, the left has effectively gone to YCT and has been rejected by the RCA. Secondly, to conjecture that this is the Rav’s fault because he encouraged individualism, is to ignore that the Rav over-rode individualism on matters of great importance, and the RCA does the same to this day. Furthermore, this line of argument, is akin to claiming that the plainly lunatic meshichist elohisten who stand in line for Kos Shel Brocho and think the Rebbe is literally alive, are the fault of the Rebbe because he should have been more forthright in stopping Rav Wolpe from writing his book on Moshiach. I heard that exchange on video, and I can’t see what the Rebbe could have said with more intent. Rav Wolpe though thought and thinks he knows what the Rebbe wanted and went ahead, even though the Rebbe told him to desist. There are many examples of Chassidim (with Hiskashrus) who do things today that they never would have done in the days when the Rebbe was in this world. One could “blame” the Rebbe or “blame” the Rav, but I think this is too simplistic. We are responsible for our actions. That being said, Open Orthodoxy is the new Conservative, and there have been some good articles exposing them of late. On that matter I have concerns for some Shules in Melbourne that are left wing enough to gravitate to a YCT-style approach.

Rav Chaim Soloveitchik
Rav Chaim Soloveitchik

On page 237, Rabbi Dalfin notes that the Rav didn’t visit the graves of his father or grandfather to communicate with them in the way the Lubavitcher Rebbe always went to his father-in-law’s grave. I think that Rabbi Dalfin has forgotten one thing: Brisker do not visit graves. They consider them Avi Avos HaTuma, and Halachically, they are not places one should frequent or expose themselves to. Mori V’Rabbi Rav Hershel Schachter doesn’t visit the cemetery. The Rav himself broke the rule when his wife passed away and admitted he allowed his emotions to rule (he did jokingly justify it with a positive outcome for the Yeshivah).

Rabbi Dalfin discusses Lubavitch and Women in respect of half, full or otherwise ordination and says it’s not even on an agenda. He is right. Traditional titles will never be used in Chabad. However, Chabad has its own title, namely, Shlucha. Depending on the Shlucha, who is as important as the Shaliach in respect of a Chabad house, many of the activities of the Shlucha share a commonality with the pastoral care that some women assume as their roles assisting a Rabbi. This used to be the role of a Rebbetzin, however, sadly, many Rebbetzins don’t see it that way any longer and their roles have changed, and some were not as learned. For the record, I am pro Yoatzot Halacha, as in those who study in Nishmat under Rav Henkin, but I draw the line there. A Yoetzet Halacha doesn’t pasken. She transmits a psak according to the case, and asks Rav Henkin when she does not know or is not sure.

On page 238, Rabbi Dalfin claims contradictions between the Halachic and philosophical positions. I am not sure what he is driving at, in the context of the relationship with the Rav. If his point is that there were no contradictions between the Rebbe’s halachic stances and the Rav’s philosophy, the two were writing in two completely different loci. One was expounding chassidism, while the other also related the conceptual illumination of philosophy to Halachic imperatives. The Rav, was also refreshingly open about his personal feelings. The Rebbe, in the words of the Rav, was a Nistar by nature. One would imagine that he only discussed private matters with his wife when they shared a cup of tea each day. The Rav and Rebbe were chalk and cheese on matters of self, and expressing their personal struggles.

On page 241, Rabbi Dalfin quotes from the Rayatz and the Rebbe, regarding R’ Chaim being someone ‘who did as much as humanely possible and then leaving the rest to God’. The Rashab, wasn’t satisfied with that. The Rebbe saw in this R’ Chaim exercising a halachic view. I am not here to argue with the Rebbe’s interpretation, however, when Brisk burned down, and they rebuilt it, the last person to move into their house was R’ Chaim, even though it was immediately rebuilt. He slept in the street until every pauper had their house rebuilt. According to Halacha he didn’t need to do that! An equally plausible explanation is therefore that R’ Chaim wasn’t saying there is nothing more to do, but rather, we need Siyata Dishmaya to achieve more. I see nothing untoward in such a thought. I also read that the Rashab couldn’t believe that R’ Chaim’s Shamash (and paupers) often slept in R’ Chaim’s bed forcing the Rebbetzin to sleep in the kitchen. He had a rule with his Shamash: whoever went to bed first, slept in the bed. That doesn’t sound like man who pursued honour to me. The Rav also didn’t pursue honour. He knew his task, and gave his life to fulfil it.

On page 254 Rabbi Dalfin mentioned the Chabad-YU conference on the Rav and the Rebbe. I ask Rabbi Dalfin would such a thing ever be held at 770 in the Zal?

I find Rabbi Dalfins comment that

“More young Israel congregations should hire Chabad Rabbis and Chabad must start to include more young Israel Rabbis as speakers and teachers at their events

one of the most revealing biases in the book! Chabad’s strength is with the non-affiliated using their non judgmental approach. Many a Chabad Rabbi is ill-equipped to lead a young israel shule. They do not have the secular background to connect, and it is only the crème de la crème that can do so. Having said that, this comment is demeaning and I don’t think Rabbi Dalfin would agree that the Rav would agree with it! And why aren’t young Israel Rabbis more than speakers! Their Smicha is excellent and includes important new training.

Finally, Footnote 519 lists Rabbis Boruch Reichman. It fact it was his father Rav Hershel Reichman who was in the room and heard the statement.

Here is a Pesach letter from the Rav to the Rebbe, and this is a letter from the Rayatz extolling the Rav. Apologies for any typos, but I don’t spend much time re-reading what I wrote, especially when it’s this long, and I’ve probably lost the reader already.

 

 

 

Parshas Ekev

The nuance expressed in this short Dvar Torah is better appreciated with reference to the aramaic text in the Gemora (Tractate Brachos 33b), included below with the english paraphrasing. Our weekly portion quoting Moshe asks (Devarim 10:12)

“… What does God request from Jews?”

Moshe answers

“ only to fear the Lord your God”.

The word “only” is a challenging pursuit in life. How does Moshe seemingly minimise the fear of God, as a simple attainment, and as THE element that God asks from us?
The Talmud (ad loc.) is similarly troubled and says

“Is fear of Heaven such a simple level to obtain?”
אטו יראת שמים מילתא זוטרתא היא?

The Talmud answers incredulously,

“Yes, in Moshe’s domain it is a simple level to obtain”.
אין, לגבי משה מילתא זוורתא היא

The question is obvious. We are not Moshe. We didn’t speak to God and experience miracles or God’s interference in our world. God remains hidden. For us plebeians, it can’t be said that attaining the fear of Heaven is a relatively simple task.
In one of my favourite insights from Rav Soloveitchik, the Rav explains that the placement of the comma in the Talmud’s response is the key to the puzzle. Instead of reading

“Yes, in Moshe’s domain it is a simple level to obtain”.
אין, לגבי משה מילתא זוורתא היא

the Rav suggests it be read as

“Yes in Moshe’s domain,  it is a simple level to obtain”.
אין לגבי משה, מילתא זוורתא היא

Meaning, the Jew alone does not achieve this level unless they attach themselves to their respected Rabbi and teacher (לגבי משה). It is indeed a formidable mountain to climb, however, it is incumbent upon every Jew to attach themselves to the Masoretic tradition of a respected Rabbi and teacher who is able to help climbing the mountain.

“fear of heaven”.

This mechanism gives rise to the guiding principle of Judaism, Imitatio Dei, emulating Hashem, as expressed thematically throughout the Rav’s writings, through the Pasuk

והלכת בדרכיו
You should go in the way of God

This imperative is held as a positive Torah command by many Rishonim.
The Rav’s Uncle, the Griz, R’ Yitzchok Zev Soloveitchik, provided a further insight in his ליקוטי הגרי׳ז ב:פה. One of the Griz’s students excelled more than others. The Griz explained that this wasn’t simply a matter of that student’s innate ability and acquired knowledge. Rather, that student knew how to nullify their self-importance ביטול, and that skill is not an easy one to acquire. On the contrary, the greater the person’s skill set and knowledge is, the harder it is to suppress and bow to the opinion of his teacher and master. The statement in the Talmud that

what a servant does for their master, the student does for their master

Isn’t simply a detail, but a general principle that is applicable across the gamut of educational experience, through which one can achieve fear of God/Heaven—יראת שמים.

(Sources: מפניני הרב, ונפש הרב מאת מורי ורבי ר’ צבי שכטר שליט׳א)

Guest post from R’ Meir Deutsch in response to my post on R’ Cardozo on Tisha B’Av

R Meir’s reactions to my original post (which is in italicised black) are in red. My reactions to R’ Meir are in blue

About your article concerning Tischa b’Av, here are some of my observations.
About your AL CHETs (“Who can” and “Who cannot”); you mention daily events at present, not Tisha B’Av ones. Maybe we should read it on Yom Ha’Atzmaut or on its eve, Yom Ha’Zikaron to remind us that we were a nation before and take care at present that we remain one?

These are just my thoughts.

I see all terrible things, whether remembered or not remembered encapsulated in the overarching Galus. Galus, is of course not just a geographical location. It certainly includes geographic considerations which are reflected by more than 200 Mitzvos which only apply, many Rabbinically at the moment, only in our Holy Land. I stress our Holy Land because it remains Holy to this day according to Halacha. However, even with the Second Beis Hamikdosh, while some Jews lived in the Diaspora (something I find difficult to comprehend) and others actually defiled it in horrible ways that are beyond belief (as described in the Medrash), my personal feeling has always been that whilst steps are taken, miracles happen, and renaissance occurs, all of that is secondary to the eschatological final redemption. On Tisha B’Av, bdavka, I can’t help but think that גלינו מארצינו has both aspects, and is a sad reality. It is one day of mourning, akin to Shiva, where we remember עטרת ראשינו which is not perched in its proper place. And while we have דומה דודי כצבי and are sometimes seemingly teased in directions of euphoria, we then find ourselves, yes even the second-rate ones like me sitting in Australia, depressed about the state of our existence. It extends through the trio: תורת ישראל, עם ישראל and ארץ ישראל all of which portray levels of Galut which should not make it sensible to join our fellow Jews, and recite Eicha together, in a low light, and mournful tone. The qualitative aspect cannot be seen to be ideal today, and just like one doesn’t read Bereishis literally, someone of the stature of Rabbi Cardozo, would surely be able to see between lines, and interpret poetically and midrashically, without the feelings of (not a quote) “what am I doing in Shule with everyone saying Eicha, let me say it alone at home, as it’s challenging to swallow”

I read with incredulity the continuing slide to the left

What do you mean by that? .ימין ושמאל תפרוצי. What is meant by left. by respected people, such as Rabbi Dr Nathan Lopez Cardozo

Rabbi Dr Cardozo is a thinker. This is a hallmark of those with intellect. At the same time intellect may preclude a level of Bittul. I don’t have his intellect, but I’m often accused of not being able to exhibit Bittul. Indeed, this week’s parsha includes a wonderful vort from Rav Soloveitchik which sums up this concept. I wrote it for another forum and will put it up before Shabbos. It tends to be those who are more inclined to mould judaism into new trends, that I refer to as the left. Open Orthodoxy and Partnership Minyanim, and things of that nature (as opposed to Yoatzot Halacha) are the types of things which I call “left” wing. Rabbi Benny Lau is another who I see sometimes express himself this way. I don’t see Rabonim who live in this world and are not cloistered in an attic, like Mori V’Rabbi Rav Hershel Schachter, as ‘right wing fundamentalists’. He is at YU and heads Psak at the OU, and in all my correspondence with him, I have found him to be as straight as an arrow, and moderate, maintaining the strong Menorah base transmitted to him from Rav Soloveitchik. One thing he isn’t, is a philosopher.

Who can not find a day to be sad when a Jew from Jerusalem is called up to the Torah and is asked “what is your name”, and they answer “Chaim”. And after being asked “Ben?” they say “Ben Esrim V’shmoneh”? It’s not funny.

On the other hand, a relative of mine was called up in the diaspora. He said his name: Ra’anan Lior ben Avraham, the Gabai said: not your secular name, your Hebrew name.

I find that just as sad. It’s not a contest. It’s a reflection of the poor quality of Jewish Education that the Mapai have managed to infuse into Israeli society and which the religious zionists ignored for too long while they were perhaps over focussed on outposts at the expense of spreading good Jewish education in Tel Aviv etc

I am not sure how Rabbi Cardozo qualitatively defines the Messianic era, but it seems to me, if he enunciated that, he’d have no issue, on the saddest day of the year, to join in the Shiva, that we all take part in. Don’t we eat meat and drink wine during the Shiva? On Yahrzeit we have a Kiddush (not our minhag). It is true, that our Rabbis also promised us that this will be transformed to a day of Yom Tov. We still do not have a Temple, but we have a Yerushalayim. Is it the time to transform it to a Yom Tov?

We changed the “l’Shana ha’Ba’a Bi’Yrushalayim” to “l’Shana ha’Ba’a Bi’Yrushalayim HABNUYA” the addition is for the Temple – we already are in Yerushalayim.

I feel this is syntactic and in fact supports my comments and not opposes them. Halachically, it is true, that there are ramifications being in Yerushalayim: for example Korban Pesach.

Rabbi Cardozo, surely you aren’t suggesting you see the Yom Tov, but are blind to the myriad of reasons to be sad?

I attend Yom Hashoa out of solidarity, but my real Yom Hashoa tacks onto Tisha B’Av. Each one with his own feelings and customs.

I ask myself: Why would G-d destroy HIS home? It was a place where the Jews worshiped G-d, and not a home of his people. I do not know G-d’s intentions, but shall try my understandings or reasoning. Can one imagine anyone bringing today sacrifices? How would Judaism look if they did? Can it be that G-d’s intention was to stop those sacrifices, and the best way was to destroy the building? ונשלמה פרים שפתינו.

These are questions beyond our human understanding. The Rambam who to my knowledge is the only one who codifies the Halachos of Beis Habechirah and the times of the Mashiach, is certainly not suggesting that there won’t be sacrifices. I know there are those who interpret Rav Kook as implying there may be Korbanos Mincha. At the end of the day, as the Rambam notes, we lack a certain Mesora for these times, because they were hidden from us, and could not have been passed down. He says explicitly words that “all these details we will truly properly know at the time when they happen”

About Yom Hashoa: I was interviewed by GINZACH KIDUSH HASHEM (the Charedi Yad Vashem), and asked: how can you explain the Shoah? My reply was:

We have quite a limited view of the world and its future, as against G-d who has a wider one. At the destruction of the Temple, the Jews were driven out of their city Jerusalem, many were killed others dispersed among the Nations, and many were sold to slavery. They did not enjoy those days, they suffered quite a bit. They probably said Kinot. But G-d had a wider view; my children are going to dwell all over the globe, learn different trades and cultures. Had we stayed in our country, with the Temple, I (or probably also you) would surely dwell in my tent in the Negev as a shepherd looking after my flock – just like a Bedouin. The same with the holocaust, I can still not see the whole picture, but one is that the Jews, after the terrible holocaust, are again a NATION with their own country. Would the world grant us a piece of land if there was no holocaust? Would the Jews come to Eretz Yisrael, the land of desert and camels? Maybe it isn’t yet a full Geula, but surely a beginning. Why did we need six million sacrifices? Would not one million or fewer be enough? Please do not put this question to me. I am not G-d’s accountant.

By the way, in one of the Agudat Yisrael Knesiot (5679 Zurich) there was a discussion whether Jews are a Mosaic sect or a Nation! Because of such a question my father in law, and other German Rabbis left Agudat Yisrael. I thought that Yetziat Mitzraim was our transformation from a nomadic tribe into a Nation. Was I wrong?

I’m a second generation holocaust generation, but feel it acutely, likely due to the fact that for most of my life, I was surrounded only by holocaust survivors, who would challenge my religiosity, even when I was 10 years of age and ask me questions that I could not and dared not answer. It is certainly the case that history would record that an outcome of the holocaust was the re-establishment of a Jewish homeland. These are happenings that I don’t understand either. Do I have to pay 6 million lives to acquire something that we have already been promised? Did God not have other more gentle ways to somehow not interfere and yet interfere in the ways of the world so we would have the same outcome? Why didn’t he send Eliyahu down before the final solution and say ENOUGH. ושבו בנים לגבולם. I don’t know and I don’t believe anyone knows, despite the Satmar and other rhetoric. Indeed, on Tisha B’Av, as we sit on the eve of the full redemption, we can only sit exasperated while more human korbanos occur, and anti-Zionism is the new anti-Semitism, and Tisha B’Av encompasses all that.

Sure, on Yom Ha’atzmaut and on Yom Yerushalayim, when I was a student in Israel, I celebrated. I went to Yeshivat Mercaz HaRav, and euphorically danced all the way to the Kosel, and for the entire night danced until we davened Vatikin. We know how important it is to sing and give praise. Chizkiyahu Hamelech would have been Mashiach if he had sung, as openly stated by the Gemora in Sanhedrin (from memory).

I just expressed my humble thoughts.

And I thank you so much for sharing them. I heard second-hand, that Rabbi Cardozo felt I had not understood his points. That maybe so. As it is the Yohr Tzeit of the famed R’ Chaim Brisker now, I’d like to express that his Neshomo should have an Aliya. He revolutionised Torah learning.

Peeled Eggs, Onion or Garlic overnight: Part 2

I had written a blog post on this in 2011. You can see it here.

Recently, the OU in their emails sent the following:

May I dice onions and place them in sealed packaging to avoid the sakana (danger) of eating peeled onions that were left overnight?
(A subscriber’s question)

The Gemara (Nida 17a) writes that there is a sakana to eat peeled onions that were left overnight, even if they were placed in sealed packaging. The only exception that the Gemara mentions is if part of the roots or the peel is left on the onion. Tosfos (Shabbos 141a s.v. Hani) writes that the sakana applies to diced onions as well. However, if there are other ingredients mixed in to the onions, Rishonim already discuss that one can be lenient. Igros Moshe (Y.D. III: 20) writes that industrial produced products are not subject to this sakana. So one may purchase frozen packages of diced onions.

as well, the OU wrote:

Q. Does the halacha of not eating onions which were peeled and left overnight apply to the following: red onions, white onions, scallions, shallots and leeks? (A subscriber’s question)
A. Rav Belsky, zt”l said the halacha applies to both red and white onions and shallots, but not to leeks and scallions.

I sent my article to the OU for their feedback. It was sent onto the Safra D’Dayna Rabbi Eli Gersten, who responded that:

You are correct that the topic of ru’ach ra’ah is certainly unclear.

I don’t have an explanation as to why earlier poskim (Shulchan Aruch, Maharshal, Rema…) where seemingly unconcerned about this type of ruach ra’ah and yet later generations again began to be choshesh.

Rabbi Yosef Grossman of the OU offered to send me an article from the Daf Hakashrus of 2005 on the topic, which I copy below. I am chuffed that my thoughts were somewhat aligned with Mori V’Rabbi R’ Hershel Schachter שליט׳א (though I didn’t know of him in 2005).

Garlic1

Garlic2

Centrist (Modern) Orthodoxy will die in Melbourne

Chabad are everywhere except where they aren’t. They work hard at it, and some are very good at it. They are entitled to the fruits of many years of work.

Those remaining Rabbis who aren’t Chabad, are almost exclusively left-wing. You can’t be modern if you aren’t left-wing. Consider that the Rabbinic Council of Victoria cannot make a statement about Open Orthodoxy (which is today’s incarnation of Conservative Judaism, except, in the words of Mori V’Rabbi Rav Hershel Schachter, “they can’t learn and perverted Yahadus”.)

The Rabbinic Council, led by (Chabad) Rabbi Mordechai Gutnick knew about the issue in Melbourne before it occurred, but have chosen silence. This is misguided as it won’t go away. If you are a Chabad Rabbi, then you don’t really care. You only care about the Jew, not the labels. You perform the tasks you believe will cause the Lubavitcher Rebbe’s return from on high to lead the Jews out of Golus. In my view that is why the Rabbinic Council is toothless. Shules are there because they include Jews who need to have their Klipos removed. I don’t include mavericks like M.G. Rabi in this; he has no community, only kashrus businesses.

Case 1: Rabbi Shamir Caplan (who is a lovely soft person) of Beit Aharon invites a “Maharat” whose title then morphs in other later advertising to “Rabbi”.

Case 2: Rabbi Ralph Genende of Caulfield Shule (who seems to have a penchant for quoting non Torah literature in his speeches) has decided to host the cutely misnamed Rabbi Ysoscher Katz from YCT. YCT is the left-wing break away from YU which has been considered beyond the pale by the Rabbinic Council of America.

Who in Melbourne cares? If it isn’t obvious, Shules in Melbourne will be led by young “I’m your friend style, Chabad Rabbis OR left wingers like Rabbis Caplan and Genende.

Rabbi Ralph Genende, second from the left at the well. Greens’ leader Di Natale is third from the right.

In truth, Jews actually need knowledgeable centrist Rabbis who live in this world, and don’t have an agenda and who give Shiurim on a range of topics. Rabbis need to become educators again, not feel good functionaries. I can see Melbourne in 10 years deprecating into an architectural abyss of a former era. I’d rather Moshiach came NOW!

I haven’t mentioned Mizrachi because they are in their own category. They consider themselves as the only real religious zionist shule. I think it is true that more B’nei Akiva graduates go on Aliya, than any other congregation, but I’ve never been comfortable with them “owning” Yom Haatzmaut and Yom Yerushalayim services. I feel these should be held in a different Shule each year. That is a more positive thing to do.

Who is there to talk to? The moribund Council of Orthodox Synagogues of Victoria (COSV)-The “lay body”? Don’t waste your time. There are lots of old furniture still running that group and the meetings are thoroughly uninspiring. If there wasn’t an Eruv, they would be dead, ironically.

The Council of European Orthodox Rabbis agrees with the Rabbinic Council of America on this issue, and the general issue of YCT, and rabbi Avi Weiss et al. I don’t imagine the congregants of Caulfield Shule give a tinker’s cuss. These days, you do whatever you can to “bring them in”. How do they measure success? Seat Payments or regular Shabbos attendance or …

Here is a view from the RCA

Rabbinical Council of America (RCA)

Oct 31, 2015 — Formally adopted by a direct vote of the RCA membership, the full text of “RCA Policy Concerning Women Rabbis” states:
Whereas, after much deliberation and discussion among its membership and after consultation with poskim, the Rabbinical Council of America unanimously passed the following convention resolution at its April 2010 convention:
The flowering of Torah study and teaching by God-fearing Orthodox women in recent decades stands as a significant achievement. The Rabbinical Council of America is gratified that our members have played a prominent role in facilitating these accomplishments.
We members of the Rabbinical Council of America see as our sacred and joyful duty the practice and transmission of Judaism in all of its extraordinary, multifaceted depth and richness – halakhah (Jewish law), hashkafah (Jewish thought), tradition and historical memory.
In light of the opportunity created by advanced women’s learning, the Rabbinical Council of America encourages a diversity of halakhically and communally appropriate professional opportunities for learned, committed women, in the service of our collective mission to preserve and transmit our heritage. Due to our aforesaid commitment to sacred continuity, however, we cannot accept either the ordination of women or the recognition of women as members of the Orthodox rabbinate, regardless of the title.
Young Orthodox women are now being reared, educated, and inspired by mothers, teachers and mentors who are themselves beneficiaries of advanced women’s Torah education. As members of the new generation rise to positions of influence and stature, we pray that they will contribute to an ever-broadening and ever-deepening wellspring of talmud Torah (Torah study), yir’at Shamayim (fear of Heaven), and dikduk b’mitzvot (scrupulous observance of commandments).
And whereas on May 7, 2013, the RCA announced:
In light of the recent announcement that Yeshivat Maharat will celebrate the “ordination as clergy” of its first three graduates, and in response to the institution’s claim that it “is changing the communal landscape by actualizing the potential of Orthodox women as rabbinic leaders,” the Rabbinical Council of America reasserts its position as articulated in its resolution of April 27, 2010… The RCA views this event as a violation of our mesorah (tradition) and regrets that the leadership of the school has chosen a path that contradicts the norms of our community.
Therefore, the Rabbinical Council of America
Resolves to educate and inform our community that RCA members with positions in Orthodox institutions may not
Ordain women into the Orthodox rabbinate, regardless of the title used; or
Hire or ratify the hiring of a woman into a rabbinic position at an Orthodox institution; or
Allow a title implying rabbinic ordination to be used by a teacher of Limudei Kodesh in an Orthodox institution; and,
Commits to an educational effort to publicize its policy by:
Republishing its policies on this matter; and,
Clearly communicating and disseminating these policies to its members and the community.
This resolution does not concern or address non-rabbinic positions such as Yoatzot Halacha, community scholars, Yeshiva University’s GPATS, and non-rabbinic school teachers. So long as no rabbinic or ordained title such as “Maharat” is used in these positions, and so long as there is no implication of ordination or a rabbinic status, this resolution is inapplicable.

An example of Mori V’Rabbi, Rav Hershel Schachter’s Centrist World View

It is so easy to say why this clear thinking enormous Talmid Chacham is effectively the Posek for the Rabbinic Council of America and the Orthodox Union. I reproduce an article he just published (c) Torah Web entitled “Volunteering Mitzvos”. What he writes is אמת לאמיתו.

About two years ago I came across a “teshuva” written by a Conservative clergyman. The thrust of the essay was that since the Tanoim established the halacha that women are exempt from wearing Teffilin because they are exempt from learning Torah, and today we expect women to learn Torah just like men, therefore women are no longer exempt from wearing Tefillin.

Needless to say, this is totally incorrect. The halacha that was formulated by the Tanoim that women are exempt from learning Torah has never changed. The laws of the Torah are not subject to change; the immutability of Torah is one of the thirteen principles of faith of the Rambam, and in our generation it has become the main point of distinction between Orthodox Judaism and other branches of Judaism. For centuries Orthodox women have been volunteering to shake a lulav on Succos and to listen to shofar on Rosh Hashonah. No one has changed the halacha that women are exempt from lulav and shofar, rather women have been volunteering to observe these mitzvos as an ainah m’tzuvah v’osah. In the days of the Bais Hamikdash only men were obligated to give machatzis hashekel towards the purchase of the korbonos tzibbur but the mishnah records that a woman may volunteer to observe the mitzvah as an ainah m’tzuvah v’osah.

We don’t recommend in all cases that one volunteer to perform a mitzvah that he is exempt from. The Shulchan Aruch quotes from the Talmud Yerushalmi that if it is raining on Succos and sitting in the Succah would be very uncomfortable, not only is one exempt from the mitzvah, but also it simply does not make any sense to volunteer to observe the mitzvah – when sitting in the Succah is very uncomfortable there is simply no kiyum ha’mitzvah. If the lights in one’s Succah have on gone out on the evening of Shabbos or Yom Tov and eating in the Succah would be very uncomfortable, but one’s friend has a Succah a one hour walk away, one would not be obligated to walk for an hour in order to sit in the Succah. Nonetheless, if one did go out of one’s way and walk for an hour, when one finally arrives at the friend’s Succah and sits there comfortably, Rav Akiva Eiger says that one may recite the brocha of leishev baSuccah. In this instance, the one who walked the hour is volunteering to observe the mitzvah in a fashion of aino m’zuvah v’oseh.

Rabbi Soloveitchik, who gave a shiur on Gemorah in Stern College, did not intend to disagree with the Talmudic principle that women are exempt from talmud Torah. He merely felt that in that generation it made good sense that the opportunity should be available for women to volunteer to studygemorah, in the same way that women have been volunteering for centuries to observe lulav and shofar. At that time he recommended that the gemorahs studied by women should not be Maseches Baba Kamma or Maseches Sanhedrin, but rather Maseches BrochosPerek Kol Ha’bosor,Maseches Shabbos, etc. which discuss dinim that are relevant to women halacha l’ma’aseh.

The Ta’noim understood from a phrase in the beginning of Parshas Vayikra that the mitzvah of semicha (i.e. that the one who brings a korbon must lean on the head of the korbon before sh’chitah) only applies to men and not to women. The expression “Bnai Yisroel” which appears in chumash so many times sometimes comes to exclude geirim (converts), sometimes comes to exclude women, and sometimes excludes neither. The Tanoim had a feel and a sense for how to darshon the pesukim based on the context of the passuk.

During the period of the second Bais Hamikdash, many women felt bad that they were not permitted even to volunteer to do this mitzvah of semicha since doing so would be a violation of avodah b’kodshim (getting work/benefit from a korban by the korban supporting their weight when they lean on it). Men who are obligated to do semicha are obviously not in violation of this prohibition of avodah b’kodshim, but since women are not obligated to do semicha, were a woman to do it voluntarily she would be in violation of this issur. As a result, many women wanted to perform an “imitationsemicha” (i.e. without actually leaning on the head of the animal but merely by having their hands float on top of the head of the animal). The permissibility of this was a big dispute amongst the Chachomim. Many were of the opinion that the performance of such an “imitation semicha” might possibly lead mistakenly to a violation of avodah b’kodshim if women would actually lean on the animal, and therefore it should not be permitted. The accepted opinion is that we do permit it, but we have to be careful that one thing should not lead to another.

The bottom line is that each of us has to observe all mitzvos that we are obligated in. However, when it comes to someone volunteering to do that which is not obligatory on him/her, there are rules and regulations pertaining to each individual mitzvoh/halacha specifically, and to observance ofhalacha in general, and it is not so simple to determine when one should or should not go beyond that which is obligatory.

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Dealing with two Adars

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

Will the Real Adar Please Step Forward

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

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

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

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

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

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

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

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

The time has come: I do not recommend anyone rely on R’ Gershon Meir Rabi for kashrus

Ben Pekuah is now done and dusted. RMG Rabi, has once more shown his עקשנות but more to the point, his lack of consideration for the advice given by the גדולי הוראה in the world. It’s just a shame that the dismemberment of RMG Rabi’s business has to come from outsiders. In this case, it is Rabbi Yair Hoffman of the five towns. I will reproduce yet another interchange between RMG Rabi and Rabbi Yair. It concludes with a video (we have to resort to videos so that words aren’t twisted and tortuously reinterpreted where R’ Chaim Kanievsky, who whilst not my Posek, is from the Gedolay Horoah, say the words בהחלט … absolutely (not) … in his assessment of RMG Rabi’s investment project and supervision venture with Stephen Bloch and others (who I thought should have realised that they were not backing a winner). The money invested would better have been spent on Charity.

The following video of Mori V’Rabbi Rav Hershel Schachter (who does not support RMG Rabi and directly interchanged with him on a person to person basis). It is important to internalise what Rav Schachter says. It makes it very clear about the types of Musmachim and Gedolay Horoah one should seek on grave questions. Listen very carefully.

The latest interchange from five towns follows. I would urge those with true יראת שמים to distance themselves from each and every one of RMG Rabi’s business forays into Kashrus. There is nothing altruistic in what I interpret. It is opportunism of an unacceptable variety, ועתיד ליתן דין וחשבון, on his activities which hurt the community and those struggling to keep Kosher Businesses acceptable to all, בלי פקפוק from keeping their noses above water.

I’d suggest that RMG Rabi perhaps take a degree in the Law. He will likely meet realities despite his tortured logic that rejects his arguments and dismisses them summarily.

Ben P’Kuah – The Battle Rages On
By Rabbi Yair Hoffman
The following represents a letter that the consulting Rabbi of the Ben Pekuah Meat concern in Australia, Rabbi Meir Rabi, wrote in response to the Five Towns Jewish Times article last week on the topic of Ben Pekuah. Rabbi Yair Hoffman has written a point by point response. In addition, a letter was written by Rav Hershel Schachter Shlita, agreeing with Rabbi Hoffman’s point. Below is Rabbi Rabi’s letter.

Dear Sirs,
We appreciate the opportunity to add some information to clarify last week’s article about BP.
A] Our primary objective is to welcome those who are sympathetic but not currently committed to eating kosher meat, either because of its cost, or because the choicer cuts aren’t available.

RYH Response: While that may be what you say, the fact that the promotional material includes letters and photos with Chareidi Rabbis, many of which were done without their permission, is indicative of a campaign to also get the Chareidi target market.

B] All our BP are derived from those that originated as non-fully-gestated babies.

RYH Response: The distinction between fully gestated and the 8 month calf which forms the underpinnings of this entire venture is a debate in the Poskim, with many Poskim holding it is prohibited. The Rambam holds that there is no such distinction and so do the Baalei HaTosfos in tractate Shabbos 135a (“Ben”). The uestion is whether it is fair to market such a product even to Jews who are less observant. Furthermore, the Ramah writes elsewhere that we do not distinguish between ben ches and ben tes anymore.
I believe that you making a halachic error in thinking that the offspring of a ben ches BP is treated like a BP ben ches and not a ben tes once it has walked on the ground. This, it seems, is what you are basing your entire edifice upon.
Lastly, the very thought of specifically harvesting a fetus prematurely in order to raise and breed its offspring is halachically untenable as well as perhaps morally questionable..

C] BP is markedly less expensive than and superior to ordinary kosher because
• every ounce of meat of every animal that is Shechted is Glatt Kosher LeMehadrin

RYH Response: The term Glatt when used colloquially means a higher quality of kashrus and does not exclusively refer to the smoothness of lungs anymore. The fact that this meat is only kosher according to a combination of a minority opinion combined with two obscure readings of texts makes this statement somewhat misleading.
In addition, as mentioned in our first article, the London Beis Din has requested that Rabbi Rabi take down the letter from the London Beis Din on his website that gives the impression of support. They claim that the letter was only meant to help you get a job in hashgacha and you had used this letter to support his own hechsher and to have it reflect on Ben Pekuah. They have said its use is dishonest.
When I brought up the issue in conversation with Mr. Bloch he said that this has nothing to do with the company as they are not displaying the London Beis Din letter of approbation. In fact, the company brochure, which the 5TJT has now gotten hold of displays the London Beis Din letter prominently. This is a questionable practice.

• checking the lungs for ritual blemishes is not required – a great time, money and personnel saving

RYH Response: Most smaller shechitas have only one processing line with one experienced bodek. This is probably the case in the abattoirs used in your area as well. Thus, the line would not be slowed at all and the personnel savings would be of one employee.

• in ordinary Kosher such blemishes regularly disqualify up to 66%

RYH Response: Actually, my research is that it is more like 25 to 35 percent. This is especially true in Australia where the cows are much healthier than elsewhere.

• no need to remove Cheilev and Gid [the forbidden fats and sciatic nerve] – a tremendous saving

RYH Response: The issue of Chailev is also not so clear cut. All seem to hold that the chailev must be removed, rather there is a debate as to whether this obligation is biblical or on account of maris ayin.
The reason why you may have thought that there is no need to remove the chailev is that in SA 64:2 it appears to only mention hifris al gabei karka, walking on ground, in relation to Ben tes. You assume that it doesn’t apply to children of a Ben ches or your Ben ches that gets saved. But perhaps the real reason that it only mentions it in relation to Ben tes is because that is the only one that survives.
A Ben ches that is removed and survives can very well be considered a Ben tes! Furthermore, once a cow is walking around, whycan;t we assume the maris ayin would be there regardless of the origin of the cow. And how can you categorically state that the opinion that holds Ben tes Chailev is Doriso will not hold the same for progeny of a Ben ches or the Ben ches itself that somehow was saved and grew to birth age? The issue is about possibly feeding chailev to others.

• there is no risk these painstaking tasks are performed hurriedly and incompletely

RYH Response: According to the simple readings it would be uite risky.

• BP animals are processed as efficiently as non-Kosher animals
• BP requires far fewer Kosher staff
• ordinary Kosher production runs slower, is less efficient, and requires more staff
• tereifos from ordinary Kosher sold to the non-Kosher market only fetch non-Kosher prices. Their extra production costs cannot be recovered.

RYH Response: In this list you list 9 reasons why your meat is substantially cheaper than the standard kosher meat. But most Kosher shechita is done at the gentile slaughter facility and a kosher production team is brought in. The team will number between 3 and 5 people. The cost per day of this team is about $2200 per day. But if this number is spread out over the total edible poundage of the slaughter that day (say the product of 100 cows at 850 pounds divided by 2 for bone and fat loss and halved again), the additional cost is less than ten cents more– yes, less than 10 cents more on the wholesale level. So what then is the extra cost in kosher production? It is the distribution system, the markups of all the middle people and the standard aspects of economics that would apply to all businesses. The nine points that are made here are a drop in the bucket and perhaps are not the real reason that kosher meat is higher.

D] In previous generations kashering and removing prohibited cheilev fats and gid was performed at home so BP offered no real benefit whereas modern meat processing presents tremendous challenges and costs to Kosher. Today BP offers tremendous benefits.

RYH Response: An honest system of reliably tracking and reliably keeping tabs on BP herds would also involve expenses. Outsourcing this system to a gentile firm and outsourcing crucial aspects of overseeing the kashrus involved to a gentile firm is fraught with missteps. Assurances of reliability here notwithstanding, the fact is that we were not yet able to obtain assurances of your organization’s kashrus integrity from any of the three major kashrus organizations in Australia nor from the London Beis Din despite their letter being on your own website. Indeed, on the contrary, we have received and viewed letters demanding that you take down these letters from your website and you have not complied with them.

E] Chazal did not ban or even discourage cultivating herds of BP notwithstanding the potential problem that animals with partial BP Yichus cannot be Shechted.
The Gaonim Rav Sherira and Rav Hai certainly took precautions to prevent such risks when they cultivated their BP herds for feeding the community [R Chaim Kanievsky explained they did this simply to promote awareness of BP] but clearly these were unremarkable since no mention or fuss is made about them.

RYH Response: With due respect, no mention is made anywhere of herds that Rav Shrirah Gaon and Rav Hai Gaon cultivated. They had a few Ben Pakuahs. There is no evidence that they cultivated herds of Ben Pakuahs.

We have very strict safety and security systems, including DNA to verify and guarantee the purity of all our BP which is documented and confirmed by an independent auditor as are all our protocols.

RYH Response: There are two issues here. Firstly, when dealing with DNA there needs to be a trust of the person in charge. Thus far, we have been unable to find Rabbis in your community that stand behind your supervision – even on ice cream – and certainly for meat. The second issue deals with the DNA parameters. Rabbi Yaakov Roza is one of the top experts in the field of DNA testing and halacha. He states that the halachic criterion is to match 200 of the 500 DNA parameters in order to create a DNA umdana. Your process matches 12 of 25 DNA parameters.

F] Halacha accepts the legitimacy of non-Jewish experts due to their need to maintain their integrity and reputation.

RYH Response: This is not true on issues of meat. A kfailah has ne’emanus on taste, but not for matters having to do with supervising meat.

The material collected from the Shechted animals for DNA analysis is overseen by Rabbi Rabi.

G] DNA is vastly superior to double seals required for meat which is in the control of a Goy [ShA-YD-118] Furthermore, considering Rabbi Hoffman’s confirmation that authentic Kosher seals are fairly readily available, one must seriously question their reliability [the OK reports; “Our Mashgiach sent the meat back and was shocked to observe the (non-Jewish) driver applying other Kosher seals he had on the truck to those same boxes of meat”]

DNA provides the most powerful tool on earth to prevent substitutions and guarantee the integrity of Kosher meat. The Israeli media reports “Only 15,600 tons of 35,000 tons of non-Kosher meat imported during 2007 to 2009 for the Palestinian Authority, reached its stated destinations. 56% just “disappeared.” State Comptroller Micha Lindenstrauss wrote, “There is a concern that it was smuggled into Israel and lucratively sold as Kosher meat”

H] The Pesukim in the Torah, and the argument Ubbar Yerech Imo – a foetus is deemed to be akin to a limb of the mother, fail to explain or provide foundation for the ruling that all future generations of purebred BP are also BP. The Gemara and Rishonim see no need to explain it, as though it is self-evident.
Indeed, R Chaim Kanievsky explained – obviously species replicate themselves and since BP is a species unto itself it requires no Passuk or Derasha to know that it replicates itself.

RYH Response: You are quoting Rav Chaim Kanievsky, but he and Rav Shteinman and Rav Karelitz and two other gedolim signed a letter saying that commercial BP production is forbidden. The Five Towns Jewish Times published this letter last week. Why is this being ignored?

Furthermore, we now have a video of Rav Chaim wondering what happened to you [in other words, that you have gone completely off the deep end]. His grandson then asked the question, “Is what he is doing wrong?” Rav Chaim responds, “Certainly!”

We also have a letter here from Rav Hershel Schachter of the OU saying that the approach of the requirement of shechita being not a full fledged requirement is incorrect, and thus any allowing of stunning before the shechita would make the meat treif.

I] Just as deer meat may be cooked with dairy since Basar-BeChalav is restricted to the species of BeHeimah which excludes Chayos, like deer, so too BP is not a BeHeimah and may be cooked with dairy.

RYH Response: In order to respond to this, we must take off the kid gloves. Not one Rishon or acharon mentions that BP meat is pareve in 1600 years. You have an inference that you make in one sefer (which you admit has alternative readings) that you have extrapolated to say this very explosive idea. In addition, there is not a posek in America, Australia, or Eretz Yisroel that has ruled in this manner – it is simply untenable.

R Moshe Sternbuch, quoting the Meshech-Chochmah, unequivocally declares that BP meat may be cooked with dairy – השחיטה מתיר בבן פקועה ושרי בחלב – the Shechitah [of the mother] permits the BP and it may be cooked with milk. [MoAdimUzManim Vol-4 Chapter-319]

RYH Response: No, these sources are referring to the milk because it is considered chalav shechuta milk of a slaughtered animal.

J] Rabbi Hoffman had access to all R Chaim’s correspondence prior to publication of his article as well as the details of a renowned Posek who endorses and has eaten our BP meat.

RYH Response: Following the principles of due diligence, each item and name that you have presented must be confirmed. Thus far, I have been unable to confirm one citation or quote. Those that have responded to my inquiries have had slightly different stories than that which was presented. The renowned posek you cite also must have instructed you to remove his name from your website, which you did take down but a few days ago.

The Rav Chaim correspondences, are working with a different reading than yours as can be seen from the letter that he signed along with the other four Gedolim, and from the video that we have. YH
Rabbi Meir G Rabi, Consulting Rabbi, AK Ben Pekuah Pty Ltd

The author of the responses can be reached at yairhoffman2@gmail.com

Watch the video below:

Alcohol vs Simcha

I have to admit to liking a drop. Strangely however I’ve never been able to take part in the rather heavy “straight to the head on an empty stomach” that occurs on Shemini Atzeres during or before Hakofos. I don’t know why, but if I had to hazard a guess, I’d say I appreciate that people have been generous, but the “barn like” atmosphere affects half of me.  the Brisker side, and not the Amshinover side. That’s speculation. I don’t really know. My disposition on Simchas Torah is laboured. I tend to look at the Sefer Torah and find it harder as I get older to muster Simcha because the older I get the more I realise that there is much more that I don’t know than I do know. I tend to stand, and look in a Sefer, and probably appears (unintentionally) pompous or remote. It’s my issue. I heard I nice vort today from Rabbi Chaim Tzvi Groner where he said the מחשבה … cognisant thinking are the same letters as בשמחה and that through מחשבה of good things as opposed to wallowing in one’s “I haven’t yet achieved where I should get to” one may get to בשמחה. This is of course quite consistent with modern-day psychology which exhorts parents et al to concentrate on the achievements and the good things. Likely, I am still affected by the hole in my life, that is my father, but should concentrate on the wonderful new additions of our four beautiful grandchildren כן ירבו בדרך התורה והמצווה על פי המסורה הקדושה.

The following two videos are presented in this blog as food for thought. I think there may be a part 3. I’m not sure. I will post it, if I see it.

and

Enjoy.

Personally I have a long way to go to get past “going through the motions”. When one is younger, especially returning from higher Yeshivah, one is convinced that they have the Torah. The Brisker influenced part of me, especially from the Rav, and then realising what an ant I am listening to HaGaon Rav Hershel Schachter שליט’’א, has turned me into something more sanguine. It’s not humbleness. It’s just reality. I can’t hide reality.

Manipulation of elderly Rabbis

Thanks to the Internet we have all witnessed the disgraceful use and abuse of holy Rabbis who sit all day learning and can barely walk or talk while being cajoled to make statements which are blown out of all proportion by those who seek their approbation.These Rabbis often have no idea what they are getting into. They are being used.

We saw this with Rav Elyashiv. We see this with Rav Kanievsky.

Hagaon Rav Kanievsky Shlita One of the Tzadikei HaDor

We saw this with Rav Steinman, although despite his age, the latter has seen through the political chutzpah of many who have tried to manipulate his words.

His words of

Ga’avah, Ga’avah, Ga’avah

Were very powerful and showed he was a compassionate man who understood that those who had come to him were not the real McCoy but haughty people with Hats and  Peyos.

Be very wary when the best someone can do is quote an elderly Rabbi far removed from the world, but someone who can quote every saying of Chazal. As Rav Schachter says:

when you are in Yeshivah, your Posek may be your Rosh Yeshiva.

When you leave the Yeshivah, find a Posek who lives in your world and understands it,  so he can Pasken realistically and not in the world of a Beis Midrash

 

R’ Meir Rabi, Ben Pekuah Commercial Kashrus Venture and Mori V’Rabbi Rav Schachter

I am not here to discuss the laws of a Ben Pekuah. Look in Shulchan Aruch. Those who do not know about it (I’ve found it rather gross personally), let alone a commercialised farm of these, should discuss a commercialisation venture directly with their Rav who I expect will likely speak to a world-renowned kashrus expert.

I have mentioned R’ Rabi’s trips to various Rabbonim around the world, where he seeks their agreement to commercial projects he and his investors are involved in.

I have mentioned that the renowned world posek Mori V’Rabbi R’ Hershel Schachter, Chief Posek of the OU (with Rav Belsky) was displeased when I showed him a picture of himself and R’ Rabi from the day before, disbursed via the internet, as he had asked this not to be distributed via the net.

There is a danger that people would conclude that Rav Schachter was endorsing in any way R’ Rabi’s commercial kashrus projects or his stature. Rav Schachter is too nice a man to refuse a picture.

In that vein, I issue the following.

I have been in direct contact with Mori V’Rabbi Rav Schachter Shlita today, and he indicated that R’ Rabi had approached him about R’ Rabi’s plans for a commercial Ben Pekuah farm. Rav Schachter advised R’ Rabi clearly that in no way can Rav Schachter be involved or seen to be involved in such a venture, nor should anyone conclude such involvement by virtue of Rav Schachter’s picture appearing on web pages (without permission) or otherwise. The same applies to future communication that may be published by R’ Rabi with any pointer implied or otherwise regarding Rav Schachter.

Mori V’Rabbi advised R’ Rabi that he was in no way giving a Hechsher or even implied Haskomo to the concept. Nobody should conclude, therefore, that Mori V’Rabbi R’ Schachter is in anyway involved or has given approval to R’ Rabi’s commercial Ben Pekuah venture. There are many intricate and complex concerns about such a commercial project and these need very close and careful hands-on supervision by a knowledgeable expert, world-renowned Rav, who agrees specifically with each and all the details of R’ Rabi’s methodologies and particular supervision regime.

Rav Schachter does not endorse in any way, Rabbi  Rabi’s commercial Ben Pekuah farm, and encourages those who do wish to avail themselves of produce from such a farm, to discuss that issue directly with a world-renowned expert Posek who is fully across all the details of the commercial farm.

The exact above words were read to Rav Schachter and he thanked me for ensuring that people would not be misled in any way.

HaGaon Rav Hershel Schachter and Chabad

I learned a little story this week. Mori V’Rabbi R’ Schachter is known to be prolific. His shiurim are an endless daily stream of wisdom and he is clear and wonderful to listen to (in my biased opinion of course). He was the youngest ever Rosh Kollel appointed at YU, and was and is known as a genius. Greater than his genius, are his Middos, as I’ve personally experienced. HaGaon Rav  Hershel Schachter שליט’’אHe is a humble, straight, man who has no tickets on himself. I’d say that the art of politics cum diplomacy are not his strengths, but that’s often a result of not having a level of English oratory, even though he speaks English fluently, having graduated from University.

When Rav Schachter was five years old, his parents, including his well-known father Rav Melech Schachter ז’’ל, were upset and most disturbed. Any parent would be. Their little son Hershel, did not speak a single word. He was silent. He wasn’t stupid, but he would not talk. He knew exactly what was going on, but wouldn’t say a thing.

The Schachters are not Chassidim. Rav Schachter is far closer to the Brisker Derech, having learned assiduously a Mesorah from the giant Rav Yosef Dov Halevi Soltoveitchik ז’’ל, the genius Yoresh of Rav Chaim Brisker.

For reasons I do not know, the parents decided to take the young Rav Schachter to see the Rayatz נ’’ע, the second last Rebbe of Chabad, who had escaped Russia via Poland, as has been well documented, and was now residing in New York. The Rayatz wasn’t blessed with great health. His visage, with the spodik, always gave me the feeling of Midas HaYiroh (fear). He spookily looked like his father the Rashab נ’’ע (in my opinion).

The senior Schachters walked into a Yechidus (private audience) with the Rayatz and asked for a blessing for their son, who still couldn’t speak at the age of five. Immediately, the Rayyatz dismissed them with a wave of his hand. exclaiming that they had no idea how many words, and words of Torah would come out of this child’s mouth, when he was ready. They should not worry, and could leave with confidence.

And so it was. Rav Schachter is the most prolific shiur giver at YU and the highly revered Posek of the OU (with Rav Belsky).

Our Mechutan, Rabbi Yossi Goldman, Senior Rabbi of Sydenham Shule in JoBerg, related a story.

Rav Schachter was invited by the Rabonim in South Africa to discuss and help with a myriad of current and difficult halachic matters and to speak on various topics. One day, they hired a bus, full of the cream of South Africa’s Rabonim, and wanted to show Rav Schachter the wonderous Ma’aseh Breishis in the famed wild life parks. Alas, the bus broke down and was stranded for an hour or two. Apparently, one by one, the Rabbonim stood in line, and each asked questions of Torah from one edge to the the other edge of Torah. For two hours it was a Kolo D’Lo Posik (a voice that didn’t stop). With each Rav, he quoted the entire tracts, with Rishonim and relevant acharonim, and explained how he would deal with the question at hand. There seemed to be no topic that wasn’t in his hip pocket. At the end, the Rabonim discussed what they had personally discussed among each other, and were simply blown away, that someone could sit at the end of the bus, with no Seforim, and had the entire Torah at his finger tips and was able to articulate his sensible views, in a Kolo D’Lo Posik Mideorayso. This wasn’t a photographic memory. It was the memory of someone simply across all the Torah.

Even though Rav Schachter states clearly that using Igros of the last Rebbe is not halachic, and meshichisten are rather Narish, he has a soft spot for Chabad, which largely emanated from that meeting with the Rayatz (and no doubt stories he heard from his Rebbe Muvhak, Rav Yosef Dov Halevi Soltoveitchik ז’’ל, which are well documented) 

Meir Gershon Rabi has a huge GALL (and ego?)

Someone sent me a link about web surveillance of milk. On that link is a picture of Mori V’Rabbi R’ Hershel Schachter, Posek of the OU.

Rav Schachter told me personally after meeting Meir Gershon the day before that he told Meir Gershon explicitly NOT to put his picture on Meir Gershon’s websites or the internet. I also have pictures with Rav Schachter. I just follow his instructions.

Meir Gershon refuses to remove the pictures. Shades of the Dayan Abraham fiasco? The difference is that Rav Schachter is too big and respected to take any action against halachic ants, by comparison.

What a disgrace and d’var sheker.

More on T’cheles from Mori V’Rabbi Rav Schachter

By chance I came across this. I had written another piece here.

I haven’t heard of anyone who ties their tzitzis this way. I had asked one of Rav Schachter’s sons but he hadn’t got back to me. His father just went on a Heritage Tour of Morocco where he gave six shiurim on Morocco depending on where they visited. Unbelievable. I will have to find time to listen!

Here is the video. Enjoy.

Enjoy

T’cheles (likely authentic blue) Tzitzis

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

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

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

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

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

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

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

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

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

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

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

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

Mixed Gender Functions

[Hat tip MD]

Recently, a question was asked of the Charedi Leumi Posek, Rav Aviner, about a 50 year reunion of a group of couples who had been part of a youth group 50 years prior. They would be attending, were frum, all with their wives, and the idea was that they would recollect memories and have an enjoyable evening. The question asked to him was

Is such a reunion permitted according to Halacha

I guess the mere fact that they asked Rav Aviner the question before going ahead with their reunion is testament to their frumkeit and fidelity to Halacha. Those who are not so beholden to their Rabbi, would not even ask a question.

At any rate, Rav Aviner’s answer was

“חלילה. זו מכבסת מילים לפעילות מעורבת. זה איסור חמור גם אם אלו יראי שמים. ולצערנו יש פעמים רבות פעילות המשך

In other words, definitely not permitted and is a serious halachic infraction even if the participants are frum! Rav Aviner opines that unfortunately, there are sometimes serious outcomes from such events.

In other words, age makes no difference, and one would assume, a fortiori, that this would be forbidden for younger couples. I won’t extrapolate to mixed tables of singles at a wedding who are looking for Shidduchim. Rav Aviner may have the same opinion as R’ Aron Soltoveitchik that this isn’t just permitted but desirable. It is dangerous to extrapolate in Halacha.

Upon hearing of this Psak, respected Rav Amnon Bazak (whose writings I am acquainted with and if I am not mistaken he may have visited Melbourne) of Har Etzyon, disagreed with Rav Aviner on three grounds.

  1. The attitude of the Rishonim and Acharonim on issues such as this, was and is tightly connected with the practices in such communities. In other words, if it was common place for men and women to meet, then Poskim such as the Bach, opined that it is permitted (if you want to read more about this examine the issue of whether to say שהשמחה במעונו at a mixed Sheva Brachos. If my memory serves me correctly, the Kitzur Shulchan Aruch is Machmir and says no). The point of Rav Bazak was that this is something which may well change from community to community. I wouldn’t expect this to happen in Satmar, or Belz, where the women aren’t even allowed to drive cars, of course.
  2. If one wants to say “those who are stringent will get a blessing”, this leaves is a sour taste because the idea that they get a blessing on account of people who really are not doing anything wrong according to plain Halacha.
  3. What’s the point in putting out words like ‘absolutely forbidden’ when this happens all the time, at tables, which involve Chachomim and Roshei Yeshivah at their meals?

There is also the question of when you have two long tables at a Sheva Brachos one with men and the other with women without a Mechitza. Some will still say this is “mixed” other will not, even according to those who argue with the Bach.

Mori V’Rabbi, R’ Hershel Schachter relates that R’ Moshe Feinstein ז’ל and R’ Yaakov Kaminetzy ז’ל  and others made weddings and there were mixed tables. He does however caution that times have changed somewhat to those days. He doesn’t use Rav Bazak’s arguments but notes that

  1. Women tend not to wear the ornate thick dresses that they wore in yesteryear, and sometimes, perhaps too often, are on the boundary of Tzniyus with flimsy clothing which leaves little to the imagination
  2. The music in those days was much slower and it was rare to find a women or man return to the table shvitzing with all that comes from that phenomenon and fine cloth.

Accordingly, he suggests caution at weddings.

Your views? I believe this is societal and something according to הרגלם and will change from group to group to the extent that a blanket opinion is elusive and probably not advised.

There is a lot of “Ess Past Nisht” and I’m not arguing. I’m just quoting and adding to this article

בענין סתירת הרמבם שלא יתערבו או שלא יסתכלו זה את זה,  כבר דשו ביה רבים

Two Views on Rabbi Riskin

It was predictable, that the hard-hitting and often “on the money” Isi Leibler would come out in full support of Rabbi Riskin. Isi, if I’m not misquoting him, is also a supporter of Rabbi Benny Lau, who is a controversial figure.

What Isi fails to notice is that Rav Soltoveitchik was a Charedi in his outlook on Torah and Mitzvos. The difference was that Rav Soltoveitchik could make a Psak (many were often contradictory for good reasons) and “take on” any Gadol BaTorah in the entire world and flatten him with his learning and brilliance. His use of the philosophical world was to broaden the understanding of Torah.

Rabbi Riskin is a very impressive man. I enjoyed his latest book immensely. One thing that was clear though that Rabbi Riskin, when in doubt, always went to seek advice from some mentors. He used to go to Rav Soltoveitchik and then to the Lubavitcher Rebbe (especially when the latter enfranchised him to work underground for Soviet Jewry).

Now, Rabbi Riskin is his own man. He is not young. He got one-off Hetterim from both Rav Soltoveitchik and the Lubavitcher Rebbe for certain activities. In his fantastic book he is clearly in awe of them, and if you asked him today whether he reached either of their ankles, he would tell you “No way in the world”. That being said, unlike another moderates like Rav Aharon Lichtenstein ז’ל, Rav Aharon actually also had a posek. That Posek was none other than Rav Shlomo Zalman Auerbach ז’ל, a cousin of Isi’s wife, Naomi. The saintly Rav Avigdor Nevenzahl also went to discuss difficult matters with Rav Shlomo Zalman. Why? Because whilst being a Charedi, Rav Shlomo Zalman was not behoved to any politics or political machinations. He was an independent, a pure soul, who understood both Rav Aharon, and Rav Avigdor (and like Rav Elyashiv would get angry at anyone who remotely said anything negative about Rav Kook ז’ל)

I feel that Rabbi Riskin is now missing his mentors. Who isn’t? His last few more controversial steps are argued among the real students of Rav Soloveitchik, of whom I consider Rav Hershel Schachter שליט’’א, the carrier of Rav Soloveitchik’s Torah Mesora and דרך הלימוד ופסק par excellence.

Far be it from me to be one to proffer advice to Rabbi Riskin, (I don’t come to his ankles) but the one Rabbi I would go to discuss issues of grave halachic import in Israel with, is actually Rav Shlomo Zalman’s son in law, Rav Zalman Nechemia Goldberg. He is very much attuned with the real world, as was Rav Shlomo Zalman himself. He is a wise man, very attuned to the real world, and void of politics.

I’ll close with Isi’s article, and that of Rabbi Gil Student. You decide. Regarding the Chief Rabbinate, I agree. The calibre of Rabbi is not what it should be. Rav Ovadya Yosef was recently described as מיוסף עד יוסף לא קם כיוסף where the first Yosef is R’ Yosef Caro the author of the Shulchan Aruch. I agree with this whole heartedly. Sadly, political appartchiks are now in the seat.

Indeed, reading what Rav Soltoveitchik wrote about the Chief Rabbinate, is as true now as it was 30 years ago. He was utterly opposed to the concept.

Here is Isi’s article, followed by R’ Gil Student.

The despicable effort by the haredi-controlled Chief Rabbinate to purge Rabbi Shlomo Riskin because he does not conform to their stringent halachic approach may prove to be a blessing in disguise. The anger this outrageous initiative generated could be the final straw needed to dissolve this corrupt institution, which is held in contempt by most Israelis — including, ironically most haredim.

Rabbi Riskin is one of the outstanding role models of the religious Zionist community. I am privileged to have known him for over 30 years and consider him one of the greatest and most beloved Modern Orthodox rabbis of our generation. He is also an extraordinary creator of Jewish institutions.

A student of the great Rabbi Joseph Soloveitchik, in 1964 Riskin became the rabbi of Manhattan’s Lincoln Square Synagogue, which he transformed into one of New York’s most successful Orthodox religious centers.

In 1984, at the peak of his career, he moved to Israel and became founding chief rabbi and a leading developer of Efrat, which is today a highly successful community.

In addition to acting as a communal rabbi, he launched the Ohr Torah Stone institutions, which include one of the best networks of Modern Orthodox schools in Israel, ranging from junior high school through to graduate programs. He also created a special program to inculcate young men with the knowledge and skills to be effective rabbis and educators throughout the Jewish world.

He displayed innovation by seeking to blend Halachah with the requirements of a modern industrial Jewish state.

He strove to upgrade the status of women and to this effect launched Midreshet Lindenbaum, a college designed to educate religious women. He also created a five-year program designed to train women to act as religious advisers paralleling rabbis. This and his efforts to address the issue of agunot (women in unwanted marriages whose husbands are unwilling or unable to grant them divorces) outraged the ultra-Orthodox.

Rabbi Riskin also had a major impact in the field of marriage, divorce and above all, conversion, where he established independent conversion courts that were bitterly challenged by the haredi establishment. Riskin considers the issue of conversion — especially related to immigrants from the former Soviet Union — as one of the greatest religious, national and societal challenges facing Israel.

He was at the forefront of efforts by the moderate Tzohar Rabbinical Council to decentralize the appointment of rabbis and provide Israelis with choices beyond the extremist ultra-Orthodox candidates appointed by the Chief Rabbinate.

When at the age of 75, Rabbi Riskin’s tenure came up for a five-year extension — an automatic procedural formality, the Chief Rabbinical Council took the unprecedented step of refusing to reappoint him. It was only due to a plea from the recently elected chief rabbi of Jerusalem, Rabbi Aryeh Stern, that the council reluctantly agreed to interview him. He only learned about his provisional rejection from the media.

This was not merely an attempt to publicly humiliate one of the doyens of Modern Orthodoxy. It was a ploy by the ultra-Orthodox fanatics to assume unprecedented total centralized control of religious leadership and to marginalize those with different approaches.

But choosing to impose their agenda on Efrat, a bastion of national religious Zionism, is likely to backfire and the crude effort to oust Rabbi Riskin against the wishes of his community, exposes crude agenda of the Chief Rabbinate.

As far back as the Mishnah, there were robust debates in the interpretation of Halachah between the more liberal Beit Hillel and more stringent Beit Shamai schools. And this process of debating the “70 faces” of Torah ensured that a plurality of interpretations prevailed at all times. Now even the ultra-Orthodox compete among themselves to impose the most stringent interpretations of implementing Jewish laws.

This is being extended to the Diaspora with the Israeli Chief Rabbinate insisting that that conversions to Judaism by Orthodox rabbis lacking their endorsement should no longer be recognized as Jews by the government of Israel and thus ineligible for aliya.

This is outrageous and entirely beyond the jurisdiction of the Israeli Chief Rabbinate. Former chief rabbis like Rabbi Isaac Herzog, Rabbi Shlomo Goren and others were outstanding religious scholars, moderate and devoted religious Zionists in stark contrast to the mediocrities and corrupt individuals who succeeded them when the haredim hijacked the Chief Rabbinate.

It is significant that the current Ashkenazi Chief Rabbi David Lau ensured his election by giving an unqualified undertaking to haredi groups that he would resist any proposed reforms relating to conversions or rabbinical administration without their prior approval.

To make matters worse, the level of corruption and scandals associated with the Chief Rabbinate reached bedrock when the former chief rabbi (whose appointment was orchestrated by the haredim to block a national religious candidate of genuine stature) was arrested and charged with purloining millions of dollars from illegal activities and corrupt practices.

Not surprisingly, the attempts to humiliate Rabbi Riskin created enormous outrage. The Tzohar Rabbinical Association stated that “above any effort to depose Rabbi Riskin flies a clear red flag of revenge directed against his positions and halachic decisions” and accused the rabbinical council of initiating this solely “for political considerations and to enable them to appoint insiders in his place.”

Education Minister Naftali Bennett, who heads the religious Zionist Habayit Hayehudi party, stated that the Chief Rabbinate was behaving in an “unacceptable” manner and that he would not stand by and permit this.

Jewish Agency head Natan Sharansky, described Riskin as “a Jewish leader and an Israeli patriot,” insisting that there can be “no questions about his qualifications for his continued service.”

The Efrat municipal council unanimously voted to extend the rabbi’s tenure and condemned the intervention. Rabbi Riskin made it clear that if necessary, he would appeal to the Supreme Court but that so long as the Efrat community wished to retain him, he would continue to serve them as rabbi without payment.

The abject silence of Diaspora Orthodox institutions was disappointing, encouraging Rabbi David Stav, the head of Tzohar, to call on Jewish communities in the U.S. to stop inviting Chief Rabbis David Lau and Yitzhak Yosef as their guests if the Riskin provocation is not withdrawn.

The Rabbinical Council of America, once a robust Modern Orthodox group, expressed the hope that the differences would be amicably settled. One of its executive officers, Rabbi Avrohom Gordimer, actually accused Rabbi Riskin “of violating the trust of his employer and contravening the rulings of the most pre-eminent halachic authorities of this and previous generations,” alleging that “the employer had more than ample reason to maintain that his employee was not adhering to the policies and values that he was hired to uphold.” This obscene depiction of Riskin as an employee of the Chief Rabbinate reflects the distorted mentality of those currently controlling the institution.

In view of the waves of protest, there is every probability that the Chief Rabbinate will back down. But now is the time for Israelis and Orthodox Jews throughout the world to raise their voices and say enough is enough. Despite the repercussions of a division, breaking away and setting up independent religious courts directed by moderate Zionists is the only means by which to terminate the exclusive control of the haredim.

Throughout the Exile, the rabbinate never imposed centralized religious control and there was always a plurality of differing halachic interpretations. The issue is not whether we should be more or less stringent in the application of Jewish law. Any Orthodox community should be entitled to select its choice of spiritual leader. Haredim are entitled to practice their religion as they see fit. Indeed, there are aspects of their spirituality and lifestyle that our hedonistic society could benefit by emulating. But that does not provide a license to enable the most extreme elements to impose their limited worldview on Israeli society.

The Chief Rabbinate is regarded with contempt and despair by the vast majority of Israelis, including most haredim, who merely exploit the institution for their own purposes. The greatest impediment to the current religious revival is the deplorable status of the rabbinical bureaucracy, which alienates rather than attracts Israelis to their Jewish heritage. The scandalous effort to degrade one of the most beloved and successful Orthodox rabbis of our generation should be a wake-up call to introducing highly overdue, radical changes in the rabbinate.

Here is Rabbi Gil Student’s take:

If you want to know why Rabbi Shlomo Riskin is apparently being forced into retirement by the Israeli Chief Rabbinate, you have to read his recent book, The Living Tree: Studies in Modern Orthodoxy. I don’t claim any insight into the complex politics of Israel’s governmental organizations, of which the Chief Rabbinate is one. I don’t know enough to understand the power struggle that is occurring. However, in terms of ideology, I see why the Chief Rabbinate Council would express concern over R. Riskin. His book is more radical than many might expect. This is not the same Rabbi Riskin you may remember from the 60’s and 70’s.

The most surprising thing about the book is what is missing from it. On multiple occasions, R. Riskin wrote programmatic essays about what Modern Orthodoxy needs to do to succeed. These were essays full of passion, exhorting both faith in God and Torah as well as devoted observance of the commandments. While the book consists almost entirely of previously published articles, these programmatic essays were replaced with a new introduction titled “What is Modern Orthodoxy?” This introduction is a call for radical change in halakhic decision-making. For example (p. xiv):

The Modern Orthodox decisor must orchestrate the interplay between both of these directives, taking into account the guiding principles used by the sages of the Talmud in their religio-legal discussions, the meta-halakhic principles such as, “for the sake of the perfection of the world,” “in order to respect the integrity of the human being created in the divine image,” “for the sake of freeing a wife chained to an impossible marriage the sages found leniency,” “in order to provide spiritual satisfaction for women,” and “you must love the stranger and the proselyte.”

If you are familiar with rabbinic literature of the past century, you will immediately recognize that these are legitimate principles that can and have been (ab)used to overturn wide swaths of Jewish law. The essays in the book provide many examples of R. Riskin’s applications of these principles. There are two things going on here. First, R. Riskin is promoting his own fairly radical agenda, as would be expected. Second, he is setting the stage for future rabbis to make even more changes to Jewish practice according to their own understanding of what is needed, regardless of what traditional texts allow.

Another troubling trend I find in this book seems to be the result of an editorial oversight. Most of the essays were written over the course of decades, as R. Riskin’s experiences and outlook changed. While the essays were edited for consistency and maybe updated a little, the conclusions were largely left intact. Here we see a troubling difference in how R. Riskin reaches conclusions. Regarding changing the daily blessing “Who has not made me a woman,” R. Riskin writes: “I would not permit even so minor a change without the approval and approbation of several leading halakhic authorities” (p. 159). While R. Riskin advocates annulling marriages, he does not plan on doing so unilaterally. Rather, “this should be effectuated by a special Beit Din for agunot in Jerusalem with impeccable halakhic credentials who would render judgments, and rule on urgent issues of mesuravot get throughout the world” (p. 188). In his call for theological interfaith dialogue with Christians, R. Riskin repeatedly invokes Rav Soloveitchik, albeit in what I believe is a twisting of his words but at least as an appeal to an eminent authority.

However, in his essay on women halakhic scholars and judges, R. Riskin does not submit his proposal to leading authorities. The most he does is quote a responsum of Rav Eliyahu Bakshi Doron, who is alive and well and could be consulted. Instead, R. Riskin started a program for ordaining women on his own. (R. Riskin writes that his program’s first two graduates published a book of responsa that “has received much praise, and — at least to my knowledge — no negative reviews” (p. 132). We published a negative review by Rav Yosef Gavriel Bechhofer to which one of the authors responded.)

When it comes to women dancing with a Torah scroll on Simchas Torah–which I acknowledge lacks the gravity of some other issues under discussion–R. Riskin likewise does not mention consulting with other scholars. When discussing establishing a Hesder yeshiva for women–a matter of great communal importance–R. Riskin also omits discussion with great authorities.

What I see is a rabbi whose agenda has become increasingly radical. Realizing that he was engaging in activities for which he would not gain approval of his elders, he stopped asking. Instead, he moved forward on his own authority. A young R. Shlomo Riskin regularly consulted with Rav Soloveitchik, Rav Moshe Feinstein and the Lubavitcher Rebbe. When they passed away, he was no longer restrained.

In America, R. Riskin was a defender of Orthodoxy against the Conservative movement and a defender of Judaism against Christian missionaries. That is not the R. Riskin you will find in this book. Maybe in Israel he found himself in a different situation which has given him a new perspective. He now has Christian supporters in his role as a defender of modernity against Charedi Judaism. Maybe he simply underwent a personal evolution.

However, this is all speculation. Regardless of why, R. Riskin has taken some communally radical actions and created surprisingly unorthodox institutions entirely on his own initiative. Some people love him for it. We should not be surprised that others believe he has gone too far on too many issues. Whether that is cause for him to be forced into retirement I leave to his employers and constituents.

Disclaimer: Isi’s son is my brother-in-law.

Rehabilitation Scooter on Shabbos

I know this all sounds self-indulgent, but that’s not the purpose. As I’ve always said, I post what happens to be “invading my head space”. One can see Chassidishe Rebbes, especially the rotund ones, or the graceful Ruzhiner types, walking with a fancy walking stick, which may have gold or silver on the handle. Looking back at old footage, there was a preponderance of people using plain old walking sticks. They were far more in use than today.

I believe the major reason was that a common injury, such as a medial meniscal tear, which isn’t operated on, will allow you to walk, but with a limp. There was also lots more Tragers (carriers) who bore loads which would breach our Occupational, Health and Safety Regulations.

If someone broke an ankle, as I did, I would imagine the resultant pain and arthritis would be life-long, and, again, the ubiquitous walking stick would make it’s entry.

What happens on Shabbos? One can’t carry of course. Is using a walking stick considered carrying? It’s certainly not a “garment”. This is an old question which Acharonim have discussed variously. My feeling is that the consensus is that it is permitted. The reason being that, if the person needed the stick to get around inside the house, it becomes part and parcel of that person’s being, and is permitted also outside the house.

I can well remember my late Zeyda Yidel Balbin ע’ה

I believe this picture was at the setting of the stone for Katanga
I believe this picture was at the setting of the stone for Katanga. My Zelda is in the front on the right, with Rabbi Chaim Gutnick looking into his Tehillim

and his reluctance to use the stick, even though he needed to. I could feel the “guilt” he seemed to exude, even as a little boy.

This now brings me to my situation. I no longer have a cast; I’m in that moon boot contraption. I’m not allowed to put weight on the foot (and boy did I break those rules at a recent Simcha and feel it after) and indeed putting weight on the foot, actually hurts. It makes no difference whether I am inside or outside. The situation is the same.

I also have fractured ribs, which B”H are improving, but this, and my general clumsiness meant that crutches were not an option for me. Enter the rehab scooter

Rehab ScooterThe idea is that I place my damaged leg horizontally on the “seat” and use the other leg to push me to my destination. There is a brake.

As well as I recollect, it is forbidden to ride a bike on Shabbos, Miderabonnon, because there is a concern the chain may come off, and various maintenance activities may be necessary.

I started to wonder whether this scooter, was included (perhaps it is not included because it wasn’t originally and the chances of any maintenenance being needed are close to zero) or whether it had the same Din as a stick. My feeling was that on Shabbos, even in a Reshus HoRabbim D’Orayso, it would be permitted, but I wasn’t about to pasken for myself, despite my self-assuredness.

Mori V’Rabbi, Rav Hershel Schachter paskened I could use the contraption (his words).

Please note: I did not ask, nor did he comment about the use of scooters in a place which has an Eruv. That may involve עובדין דחול as well, and people need to ask their Moreh HoRo’oh.

Halachic implications of a ‘Moon Boot’

Well, thank God, I’m out of the cast and am now in a moon boot (see below)

It was Thursday, and as my wife drove me home from the Hospital, I mentioned to her that there is now a question about me Duchening on Shavuos in one of these. My wife said “what could be wrong”.

Well, the issues as I saw them were

  1. I am in no physical condition to remove the boot. It’s early days, and I’m still in a fair bit of pain and can’t just stand on my socked foot
  2. Normally, I do the directional turns during Duchening as laid out in Shulchan Aruch. I don’t believe they are strictly necessary though
  3. There is some conjecture about non leather shoes and duchening. Rishonim hold that non leather shoes need not be removed (which is why some don’t remove their shoes on Yom Kippur Duchening)
  4. Some agree that one doesn’t need to remove non leather shoes, however, if the show has laces, then one could trip and miss duchening (and hurt oneself) so it’s better to remove shoes even on Yom Kippur
  5. This moon boot (or air cast as some call it) uses velcro so it is not going to undo itself by accident, and it’s not made of leather, so it would seem that one could leave the boot on during Duchening
  6. One of the reasons that a Cohen who has a blemish (בעל מום) doesn’t duchen, and is ineligible for the Avoda, is that people will turn their attention to the blemish and not properly concentrate on the Blessing itself.

My wife didn’t like reason 6, and said that she couldn’t understand why that should disqualify a Cohen. I noted that according to Rav Soloveitchik the success of the Bracha is through direct links between the Cohen and the congregation. For that reason we don’t say שומע כעונה (one Cohen can say the blessing on behalf of other Cohanim). Anyway, she wasn’t convinced, but I felt there was enough doubt about it to merit asking Mori V’Rabbi Rav Hershel Schachter his view. Thankfully, he replied before Shavuos.

In essence his answer was

  1. One could duchen in a moon boot
  2. Much depended on how freely the Cohen could move
  3. There is an issue of the Tararum (cacophony) such a Cohen could cause becoming a “celebrity” standing out from the other Cohanim. Again, that depended on the level of movement they could cope with.

In the end, he felt that it was probably best I didn’t duchen given I just got the contraption and was really unable and not permitted to walk freely without support. He suggested I leave the Shule without much fanfare, and I was able to do that easily as I sit in the back row of the Shteeble around the corner from me.

Excitedly, I mentioned to my wife (and to Rav Schachter) that these were my thoughts as well. Your Posek may have another view, but I felt it was important to put this down for the record. Hopefully, it’s never למעשה for another כהן!

(c) Yeshivah World. Rav Elyashiv ז’’ל on the left in discussion with Rav Schachter on the right.

I mucked up with HaGomel

A few weeks ago I had a lucky if nor miraculous escape in a car accident. It didn’t involve any drivers or pedestrians. I had just turned the corner from outside our house, and was driving at about 30Kmh. The next thing I knew, I was bleeding and facing one of those big four-wheel drives with a huge external bumper bar parked on the opposite side of the road.

I couldn’t work out how I had gotten from one side of the road to the other and then head on into the parked car. You don’t want to hear the gory details (broken ankle in two places, ribs, sternum etc) but I worked out that my absent-mindedness with blood pressure tablets (a genetic predisposition which is fully in check) was responsible for me taking extra doses to the extent that my higher blood pressure reading was 80 at the time of the accident.

Anyway, I’m Baruch Hashem fine, relatively speaking and am thankful that this didn’t occur a few hundred meters down the road where I would have been on a main street.

There were no humans in the street after the accident, and I pulled my phone out, followed by calling my wife, Hatzola and the rest is history.

During the first two weeks I had this incredible itch to thank God for letting me survive such an ordeal. Finally on Thursday, I was able to get on my transport device and go to the Shule around the corner for Shachris to bench Gomel. My mind wasn’t quite right. I’d put on my Tefillin before my Tallis 🙂 and hadn’t thought it through, but I had such thanks that I wanted to give, I felt compelled to go and Bench HaGomel.

The issue though is that HaGomel is pronounced (certainly for internal injuries) when a person is fully healed (see Mishna Berura Siman 219:1). The Steipler Gaon in Orchos Rabbeinu, p 91, questions bone breakage as requiring HaGomel. My understanding is that he’s talking about a broken arm or leg from some “standard” style injury/fall that was never life threatening.

So what is the definition of fully healed. My ankle is in a cast, and all being well after 6 weeks if the bones knit well (it was the major bone) I imagine that they will put me in a moon boot or similar for another 6 weeks.

Am I “healed” once the cast is removed, with the rest being convalescence or am I not fully healed until I am walking around unaided by any device.

I asked Mori V’Rabbi R’ Hershel Schachter, who replied that one certainly does not make HaGomel until after the cast is removed. In respect of a moon boot or any other device designed to repatriate, he said that there is no Hagdoro (delineation) and one should do so when they feel that recovered.

So, in my enthusiasm to thank God for what was really a private miracle, I think I overstepped the boundary and probably made a Brocho Levatolo unless there is some Rishon or Acharon who holds you may. If that’s my greatest sin, I’ll take it!

Interesting to note that when one says HaGomel, many people forget to say Amen, before they answer Mi Shegmalcha  … Do you?

No need to wish me a Refuah Shelemah. I assume you do so 🙂

I broke the TALUS

Hamodia’s grievous sin of G’Neivas Daas

I don’t have a subscription to Hamodia. Occasionally my wife buys it. One Erev Pesach I saw it at a shop and it looked so thick, I thought I might but it. In the worst, at least some might enjoy it.

The problem is that nothing has changed. The paper is Sheker VeChozov. It is chock full of lies and unbridled revisionism. It is a paper of indoctrination for the Oilom Goilom who follow in single file.

There was a wonderfully researched piece about R’ Yissochor Shlomo Teichtal הי’’ד whose Yohr Tzeit was around that time. I learned some interesting facts that I did not know. So far so good. Apart from his famous שאלות ותשובות משנה שכיר there were two enormous factors that made R’ Teichtal stand apart from other greats in his generation

  • Despite being probably the Talmid/Chossid Muvhak of the Munkatcher, he had not trouble saying “Rebbe, you were wrong, very wrong” about the holocaust and israel
  • He abandoned his Munkatch way of life, stayed frum and his אם הבנים שמחה which was hidden from the world by his family for decades is now a classic that everyone should read and has been translated into English.

But no. Hamodia told us everything up to that point. How could they mention the contents of that incredible ספר and the challenge it raised to the charedi establishment. So instead of reporting the truth, and teaching it the way it was from a גאון עולם a giant of the last generation, they decided “No, we won’t tell our readers that this man underwent an enormous transformation where he rejected the teaching than someone as great as the Munkatcher, and pointed out chapter and verse where he thought the Munkatcher was incorrect.

This is the problem with Hamodia and the problem with Artscroll. They have no fidelity to the truth. Artscroll in its newly published מקראות גדולות had the Chutzpa and temerity to refuse to publish words of the Rishon, the Rashbam! They censored him. Hamodia is no different. They take their stories put them through the ‘Aguda Cleaner Solution’ so that everyone can only read a sanitised lie or half truth.

There is nobody with any faults in Hamodia. Anyone who passes away was incredible, an impeccable Tzaddik.

Tell it the way it was. Stop the stupidity of banning books by R’ Nosson Kaminetszky, such as the ‘Making of a Gadol’. On the contrary, when we see that people are people and not Malochim we stand a better chance to aspire to their lofty heights.

Hamodia has created a monster: a self perpetuating ‘everything is beautiful’ monster in the frum world. It isn’t. There are pedophilles, adulterers, money launderers, fraudsters as well as the genuine article. Stop sanitising our underwear. Hamodia thinks we will be exposed to the real world and not get shocked at cattle prodding dayonim who take thousands to electrify someone till they give a gett. And they have the Chutzpa to complain about הגאון הגדול מאחיו מורי ורבי רב צבי שכטר when he invokes Rabbeinu Tam.

They talk about “off the Derech” and the “Shidduch Crisis”. Maybe they should start pursuing Emes and stop hiding behind transparent bushes.

I finished the article about R’ Teichtal and threw the paper away. I didn’t want to soil my hands with such blatant omissions which amount to ball faced lies and plain old indoctrination.

What happens if you take out an extra Sefer Torah by accident

It can happen. Someone gets confused and thinks it’s a special Shabbos. Or, there is to be an extra layning in an adjoining room because of chiyuvim. So, out come the Sifrei Torah, everyone gathers and kisses them and they go to the Bimah. Before layning, it dawns on the Gabbay, that they have taken out an extra Sefer Torah.

Option 1: Take the Sefer Torah back to the Aron HaKodesh.
Problem: One is shaming the second Sefer Torah

Option 2: Use the second Sefer to read the Maftir, so that it is at least used
Problem: It will need an extra Hagba and Gelila and that is a Tircha D’Tzibura

The above scenario occurred in the Shule I daven at. At the time, they followed option 1, but I was uncomfortable with it because I knew in the recesses of my mind that you don’t return a Sefer Torah like that.

I asked Mori V’Rabbi Rav Schachter what he would have done. His answer was

a) Do not return the second sefer torah
b) Leave it on the Bimah during layning
c) Announce to all, that the second sefer torah was taken out by accident

He didn’t like my Option 2, because it may look like the first sefer torah was Pasul.

The AJN attack on Orthodox opinion

The AJN is perfectly entitled to have views. These are widely considered anti–religious for many years by many. In fact, each year we ask ourselves why we buy it.

Whatever the case may be, the AJN needs to acknowledge that nobody contends that homosexuality is an illness. It is a preference, call it a predilection. I don’t have it, so I can’t claim any expertise nor am I a therapist of any sort. The preference itself, as is well-known by the AJN is not considered sinful according to Torah Judaism (I don’t conclude man-made reformations of Judaism here as they are of minor interest if any). People are born with predilections. There is the nature vs nurture conundrum which is far from settled. Acting on the preference and performing the homosexual act is described as sinful by the Torah and Codifiers. There can be no argument about that fact in any form of Orthodoxy. Reformers have their own religion.

Now, many if not the vast majority of those professionals who see homosexuals professionally claim that the predilection is life long and cannot be altered. That may well be. There isn’t Science here, and extrapolation into the future is tenuous at best. Maimonides knew about predilections long ago.

The best counter case to nature, as quoted by arguably the most respected psychiatrist in the USA, Professor Abraham Twersky, and many others is the identical twin conundrum which has been studied extensively. All known biological markers were exactly the same, and yet one twin had a predilection and the other did not. There is currently no theory able to explain that. There is a minority view, and yes it is a minority (Dr Elon Karten comes to mind) that claims they have techniques which allow predilection change to materialise. Like Climate Skeptics they are attacked regularly. I’m not an expert, but as a Scientist, one would be a fool to think that in ten years time, our knowledge of these things will still be static. Accordingly, if Rabbi Telsner or anyone else subscribes to the view that predilection modification could occur, they do not deserve to be pilloried in the disrespectful tone of the AJN.

Pedophillia is also at least a predilection. Perhaps we will discover it is more likely a disease that is incurable except by using drastic means to make sure that those who seem to “enjoy” such things are simply incapable of (re)offending. In the meanwhile, one witnesses judges themselves releasing pedophiles back into the public after serving sentences, as if law makers believe they will be “safe” to society once  so released. Is that true? Evidence would suggest that re-offending is (too) common and perhaps techniques for rehabilitation are simply inadequate and not practical at this time.

Now, if Rabbi Telsner were to subscribe to an opinion that people with predilections can have them modified (and this could extend to those with life long fetishes), one can disagree, but one should not excoriate him in the way of the AJN, as a matter arising out of the Royal Commission.

Rav Schachter of the Modern Orthodox Yeshiva University always said that a “stock” Rosh Yeshivah or Rosh Kollel in general should not be a Posek (decisor) of Halacha because they sit in a cloistered environment and are often/mostly oblivious to the nuances of science and other disciplines. This was certainly the case in Lithuania where most Rabbi’s were not Halachic Decisors. There were some exceptions such as the Vilna Gaon and the Chazon Ish, but the late and great Chacham Ovadya Yosef did not consider the Chazon Ish a Posek of repute, because he sat cloistered and didn’t face the people, so to speak.

Either Rabbi Telsner has read some minority opinions or has been informed of such by some of his constituents. This can mean that the AJN, seeing itself to present current knowledge on such topics can disagree with the minority opinion, but it does not give then a license to excoriate a Rabbi for agreeing to such a minority opinion.

The last time I looked there were no Nobel Prize winners writing for the AJN, and aside from the occasional community brouhaha most of the news is stale, and unenlightening. Indeed we may have also recently witnessed an alleged breach of journalistic ethics which has allegedly resulted in a staff member being suspended initially. The mere fact that we are exposed to the weekly whining letters of Messrs Burd and Herzog, and others is bad enough. One could almost write their letter before reading it. I think the AJN do good things but there is room for improvement in some of its approaches. Yes, I know it’s good for selling papers, but Oilom Goilom believes everything.

The “what do you think” section is statistically unsound, and really just a copy of journalistic practice in low-level papers, like the Herald Sun and others. Is it going to make one iota of a difference if I know what the local butcher thinks of Bibi’s chances?

I’m digressing.

Back to the issue at hand. The AJN may not have liked elements of evidence tendered. As such, it should carefully analyse such in a calm and sanguine way. The majority of Rabbis are traumatised by the Royal Commission, and my sense is that things will never return to the situation before in respect to how they react if they are God forbid confronted with such information. We aren’t Catholics, and don’t have a box where one admits their sins and the Priest, Lehavdil, absolves the sin, says a few hail mary’s sends the perpetrator on their way and will never breach confidence.

It’s also not about Chabad. Don’t people read the internet? Modern Orthodox Rabbi Barry Freundel has pleaded guilty to secretly videoing some 57 women at the Mikva with secret cameras. Is he sick? Undoubtedly. Can he be rehabilitated? I don’t know. He will serve jail time. Does this paint all Rabbis as fetish-laden? Of course not.

Contrast this issue to the one about the “interfaith dialogue” we graphically saw and where Rabbi Ralph Genende as usual gushed forward with platitudes about how useful they were. Let’s look at the evidence AJN. What has ever changed because of these meetings. They were forbidden according to the scion of Modern Orthodoxy, Rabbi Yosef Dov Halevi Soltoveitchik for reasons which were absolutely sound then, and even more sound now. If it was a meeting to bring religions together to have a joint charity drive for the homeless,  or similar that’s fine. If it was about showing our religion to them and theirs to ours, what’s the point? Tolerance can be achieved without any interfaith dialogue as long as nobody considers us as monkeys behind trees that have to be killed. Was I blind, or did the AJN not notice that there was no muslim representative in the picture at that “feel good” meeting, or did I miss something.

Anyway, to make it clear, I usually do not agree with Rabbi Telsner but on some matters I don’t think he deserves the anti-religious excoriation meted out to him.

AJN and especially Rabbi Ralph Genende of the moderate left wing: check this out for a reality check while you read the Chazal quoted by Rashi הלכה עשיו שונה ליעקב. (Whiteout anyone?)

I’d love to hear the AJN and/or Rabbi Ralph’s commentary on this, or better still have his interfaith group muslim representative condemn this presentation from February 13th in Copenhagen as abominable in the extreme in the Western and Muslim Press.

Meir Gershon Rabi is involved once more in controversy

They say that all publicity is good publicity. I’m sure Meir Gershon Rabi and Kalman Gradman’s business benefit from each bit of publicity negative or positive. His clientele are set in their ways and largely are happy to leave the onus on Meir Gershon. This article and and happenings won’t bother those few.

I understand there is a fracas brewing between the Australian Jewish News and Meir Gershon over an apparent refusal to remove a Dayan in London’s letter of approbation ostensibly originally designed to ensure Meir Gershon is accepted for a job as a Mashgiach.

Where the truth lies I do not know. I am not a prophet.

However, note that there is a concept called Asmachta. Without using it formally, it can be thought of as an adjacency relationship.

This much I know for a fact. Meir Gershon has/used to have/ a gravatar which included Rav Belski from the OU. There can be many theories why someone would choose to do that. If I have a gravatar with a grandchild, then one assumes that I’m kvelling/happy to appear together with them. If a Chosid has a gravatar with his Rebbe, then we understand that entering that Chosid’s house one will find pictures of that Rebbe, and that Rebbe will be his guiding light in matters of life.

It is peculiar though for someone to have a gravatar with Rav Belsky, unless Rav Belski is Meir Gershon’s mentor, or Rav HaMuvhak, or was the one that gave him Smicha or perhaps Meir Gershon did shimush (rabbinical apprenticeship) with Rabbi Belski. I don’t expect Meir Gershon will ever tell us why he did so, but there will be various theories as to such.

For my part, I didn’t allow that gravatar on my blog. I asked him to have a picture only of himself. At the end of the day, nobody who eats using his imprimatur is eating from any other authority except Meir Gershon. Each to their own. His curious need to rub shoulders with Rabbis and then publish pictures may be a marketing ploy. I don’t know or understand why this should be done.

What I can advise, and have advised, is that Meir Gershon visits many Rabbonim around the word where he discusses various aspects of his ideas, hetterim, and future projects.

I was talking to Mori V’Rabbi Rav Schachter, Posek of the OU, who advised that he had received some written material from Meir Gershon. Readers may remember that Rav Schachter said he could not see a problem with Kosher thick style Matzos made K’Das V’Kdin, although he had absolutely zero to do with Meir Gershon’s own production and in no way gave it his own imprimatur.

Meir Gershon has had an idea for some some seven years regarding cattle, and has been researching it assiduously, asking questions on the internet and to Rabbonim.

I attended Yeshiva University’s Yarchei Kallah in December. Speaking to Rav Schachter, I showed him a selfie of Rav Schachter and Meir Gershon. Rav Schachter was shocked and asked ‘how did you get that. I met with him only yesterday’. I responded that it apparently was on the internet. Rav Schachter shrugged his shoulders and said that he had advised Meir Gershon not to put the picture on websites. It seems Meir Gershon is selective in his hearing.

For what it’s worth, I also have pictures of myself with Rav Schachter, but they are in the vein of

והיו עיניך רואות את מוריך

I don’t run a kosher business and mentioned to Rav Schachter that my pictures would not appear on the internet (certainly not without his permission)!

I have a problem with Kashrus Businesses.

If the melbourne community had more communal sense, it would come to a scheme of arrangement whereby Mizrachi was paid for their investment in Kashrus. The Kashrus should be handed over to the Melbourne Beth Din, with current staff intact. Any experts from Adass should be invited to join as well as Yeshivah. The Rav Hamachshir should remain Rabbi Mordechai Gutnick. He is a true expert in the area, and he should have someone in training for the future. The standard used needs to be OU standard, and frankly, I wouldn’t be upset if Kosher Australia became an arm of the OU in Australia. All States would set up a similar operation. There would be one hechsher. One could confidently buy from any butcher shop. Independent audits could be inaugurated. A lay body would oversee finances and eventually profits would be poured back into a reformed COSV (which I perceive as tired and haggard) and which sought to help Orthodox Shules become more attractive without becoming Conservadox, as well as the sponsoring of programs for the disabled and challenged amongst us.

There would be no place or space for more than one authority. This is what I saw in Johannesburg, and recently in Miami. What a pleasure it was.

To put it bluntly, Kashrus Supervision should not be a business. Proper respectable wages should be given, and contracts and KPI’s implemented but the notion of making a business out of hechsherim is anathema to me.

Yes, it is true, there will be some contentious matters, and sometimes we will need to compromise so that world’s best standards are adhered to. This will benefit the Australian export market. And yes, those who want to have whisky from wine casks, can do so in their own homes. Personally, my own view is that this whisky is okay, but I don’t have a problem with an authority adopting accepted world standards. That being said, the wording that has been used needs to be vetted more carefully, and I understand that this will be the case in the future. As much as I like a good scotch, it’s not the be all and end all.

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 ‘phenomenon’ never sleeps

Fresh from his many years of strangulating a letter from Dayan Abraham for his benefit and refusing to take it down ….

Over here in the USA I met Mori VRabbi Rav Schachter. I showed him a picture of the Machshir and business partner of ‘it’s not treyf’ a day after said Person had been to see him and asked permission to take the picture. Rav Schachter agreed provided it wouldn’t be used on his websites. So, what did he do? He went against Rav Schachter and did post the picture on his Facebook page. Splitting hooves again? How much chutzpah can one have?

I was at a day long Yarchei Kalla at YU which was fantastic.

The machshir is going around getting support for his Bnei Pekuah farm.

Don’t be fooled. it’s all under his hashgocho only and not the Rabonim who he seeks to Hob nob with, and then publish his face with theirs together with their views on the theory (which is old and which he has been discussing on the net about for about 6 years)

I had to stop him using his picture as a Gravatar with Rav Belsky because It’s Gneivas Daas on my own blog. Why isn’t he in a picture with his mum and dad?

Anyway, the frum oilom don’t use his hechsher and many who do are those who …..

Git Voch from Crown Heights

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.

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Hygienic toilet flushing additives on Shabbos

As I generally do, I read the Heichal HaTorah publication, with sections from Rav Donenbaum, the respected Brisker Moro D’Asro of Heichal HaTorah on Friday nights. In last week’s section, he discusses the issue of the different types of toilet cleansers available on the market designed to keep the bowl/water fresh and clean. As I recall, the article started off with an assumption which I question, and which I believe is a key point in the analysis. Specifically, he assumes that a resultant colouring that may emanate from these solid chemical inserts adds to the hygienic “feel” of a toilet after flushing: Rav Donenbaum put the word hygienic in inverted commas.

My personal feeling, and I stress I am not a Posek, is that the colour itself adds absolutely nothing to any hygiene or feeling of such. In fact, from my perspective, it’s actually more of a divergence from the real state of the cleanliness of the toilet bowl as it serves to camouflage! I know many people who refuse to use it during the week because it’s horrid to look at, and really doesn’t tell you much.

If and when I go to a toilet, and the water looks crystal clear, I have far more confidence in the cleanliness, than when I see some dark blue (or other colour) water which may well be masking. Indeed, there are products that don’t have colour that are just as efficacious. Therefore, I would say that it’s hardly a situation of ניחא ליה based on ‘hygiene’ as Rav Donenbaum assumes and if you want to argue that it is ניחא or then go down a path of גרמא when it’s in the cistern then I’d say that in the least one should not make an objective ruling on an aspect which is entirely subjective.

The Halacha is clear. There is no prohibition in colouring food or liquid foods. This is the overwhelming opinion, as held by both the Mechaber and the Rama. Yes, it is true that the Sha’ar HaTziyun of the Chafetz Chaim says that someone who is punctilious should seek to avoid these situations. Others, such as the Aruch Hashulchan, Tzitz Eliezer, Chacham Ovadia and many more disagree and blankly permit it as noted in a footnote by Rav Donenbaum.

The same permission is applied to Molid Reach (creating a smell) especially when that smell is hardly lasting even if you buy a rolls royce version of such products. The cohanim used to use perfumed water on Shabbos when they washed their hands. This is an open Gemora (which I can’t remember the source of). Putting a smell on clothes or hair is a different category, because it lasts. A Melocho that doesn’t last, is considered by Rishonim and Acharonim as not a Melocho.

There is some discussion about the different types of devices and certainly the ones where the chemical device is placed in the uppermost bowl is argued as less problematic, as the water is already coloured, and it could be argued that one doesn’t care about what happens next and it is Gromo, rather than an intentional colouring. I am not sure that this argument is correct.

I don’t believe that the colouring serves the purpose that Rav Donenbaum is working with, namely, to give the feel that the bowl is now “hygienic”.

As a musician and frequent traveller, I have been to many putrid toilets in hotels and function rooms, where the water in the bowl is a “fresh” blue or green. I have never felt it cleaner simply because of the colour. They are often foul and stink. One might argue that if hygiene and smell was an issue, then using a toilet brush is the way to go, followed by another flush (I assume that Rav Donenbaum permits flushing toilets, although some Poskim are against it full stop).

If my memory serves me correct, some Chazon Ish types prefer to line the bowl with cotton wool so no “noise” is created (or is that one of those apocryphal jokes?)

I discussed the matter with Mori V’Rabbi Rav Schachter who felt that it was not permitted but for the simple reason that it is ניחא ליה whether it’s in the cistern or below because the colour shows whether the device is still working and hasn’t lost it’s efficacy. When one sees the colour fade, one knows they have to replace it.

I asked Rav Schachter whether I should speak to one of the companies, such as Harpic, and ask them why their blue module colours the water blue and to use the argument of מסיח לפי תומו and he said this was a very good idea. I went to the harpic site and lo and behold they stated explicitly

Let’s you know when it needs replacing by fading

Accordingly we see this mentioned explicitly. There is no doubt in my mind, that a chemical doesn’t have to be blue (coloured) to deodorise and kill germs and emit a pleasant smell. The primary purpose is to tell you when it needs replacing and is therefore forbidden. Rav Schachter mentioned this was different to a cup of tea, where the colour and colouring is immaterial.

Of course, I haven’t paskened in any way, I have quoted from my personal discussion with Mori Rav Schachter. תורה היא וצריכים ללמוד

Farewell Rabbi Yaakov Sprung

Please note: there will be no comments on this post.

I am not a member of Mizrachi. I used to be, about three decades ago, and my Rav was the saintly Rav Boruch Abaranok ז’’ל. Rav Abaranok was a Tzadik Gamur. He wasn’t a Beinoni. He was the real thing. He received his Smicha from the Chafetz Chaim and was friendly with Rav Elchonon Wasserman הי’’ד. He didn’t wear a Kippa Sruga (knitted yarmulka) and wore a dark suit and homburg hat. He wasn’t a great orator, but his words in a one on one situation, penetrated the heart more than any orator could achieve. He was also a staunch zionist, and supported the State of Israel in a genuine fashion. I have written about him here. When he paskened, he would subsequently invite you to come the next day or that night, to his office or home, and have all the Seforim open and prepared, and would explain from inside how he had come to his Psak Din.

Our son, Tzvi Yehuda, now famous for his incredible and successful chasing kosher side venture, was fortunate to have Rav Abaranok as his Sandek. I remember being flabbergasted when he arrived at the door for both the Bris and subsequent Upsherin, each time carrying a gift of Seforim. Our younger son, Yosef Dov who is learning in Israel presently, was also lucky to get a set of Seforim from Rav Abaranok ז’ל.

On Shabbos he wore a black litvishe kapote much like the dress of the Ashkenazi Chief Rabbis of Israel.

I used to bring our children (two back then) to Rav Abaranok almost every Sunday morning. His children and grandchildren were all overseas, and his wife nebach, was with him but not 100% due to her horrid experience in the Holocaust.

Rav Abaranok became very sick after a fall (as I recall). I had a strange sense that he was about to leave this world. It was too difficult for me to absorb emotionally, so I started visiting less often. He would ask me, if he saw me, “Yitzchok, what did I do. Why don’t you come anymore?”. He never realised that I couldn’t cope with seeing him slip away.

On his first Yohr Tzeit, I went and stood outside his house (which is no longer there) and just cried.

While he was still at Mizrachi, the community decided to appoint a new Rabbi. I stopped going because my father ע’’ה asked me to (the reason for which is immaterial to this post)

That Rabbi was replaced by the recently deceased and well-known, Rabbi J. Simcha Cohen ז’ל. Many members of our family still daven at Mizrachi and my brother-in-law is now the President. I was fortunate to have occasions to interact with him. My interactions were always of a Torah/Halachic nature and I enjoyed speaking “in learning” with him. He had a pleasant disposition and was a professional American style Rabbi with lots of grandeur.

Rabbi Cohen eventually left (I believe of his own accord, but I can’t recall), and was replaced by Rabbi Sprung.

Rabbi Sprung will complete 10 years of Rabonus at Mizrachi in August. I went to his home every Purim (even though he stopped serving scotch after the first year :-), and we shared divrei torah and halachic discussions. On one occasion, when there was an  injustice in the community, he was the Rabbi who was prepared to stand up, by ringing overseas, properly ascertaining facts, when he could easily have avoided the issue. He made a difference.

My wife loved his Shabbos Shiurim, and went every Shabbos to hear these. She said that he put so much preparation into each Shiur. He seemed to always be giving Shiurim. He went from minyan to minyan at Mizrachi and gave droshos. He enjoyed good relationships with the Roshei Kollel of Mizrachi’s Kollel and other Rabbinic staff.

His pastoral support was incredible. He would visit the sick, comfort the mourner or the forlorn, and his door was open. Recently, one post was perhaps too revealing about my state of mind. He doesn’t read blogs, but someone had mentioned it to him. On the next morning, I got a phone call wherein he expressed concern for me, and stressed that whenever I needed or wanted to discuss anything with him, to do so, and that his door was always open. My father ע’’ה was in hospital several times. Rabbi Sprung always visited him amongst many others. I know my father greatly appreciated Rabbi Sprung’s visits. He was in fact the only Rabbi to visit him.

Rabbi Sprung on the far left. [picture from melbourne eruv website]
On Simchos (Smachot if you want to use Ivrit) he would meticulously prepare by interviewing everyone, and then weave a wonderful Drosha where he paid tribute to the attributes of the Ba’alei Simcha and their families. I heard such Droshas many a time. We invited him and his Rebbetzin to our own Simchos, as I considered him a Choshuve Rav with whom I had developed a relationship.

Mizrachi is not like other Kehillos. There are a lot of “leaders” of other organisations who are highly opinionated who daven there as well as many highly educated professionals and “machers”. Rabbi Sprung’s fidelity to Halacha was unquestionable. He wasn’t afraid to state his firm halachic view on a range of issues, including those who led services at the conservadox Shira Chadasha (an identical view with which Mori V’Rabbi Rav Hershel Schachter agrees). These types of issues may have made him be seen as too “right-wing”, but I can’t know that with certainty. I can only describe my interaction. Perhaps Mizrachi will now employ a hatless, Kipa Sruga type. Time will tell.

Towards the end of his Rabbonus contract in August, Mizrachi decided that it would only extend the contract after a democratic vote of all members. I can’t recall whether they had a democratic vote to appoint him, but I do recall there were a few candidates. One can surmise that after 10 years in the role, some no longer appreciated what he offered.

I am sad to see Rabbi Sprung’s tenure at Mizrachi Melbourne come to an end. Knowing him, he will see it as Hashgocho (divine providence) and depart as gracefully as when he arrived. I know he was widely respected by the Melbourne Rabbinate, and he avoided politics when  possible. I’m guessing Rebbetzin Naomi Sprung may feel somewhat blessed that she has an opportunity to relocate to an area closer to her children and grandchildren. Melbourne, isn’t exactly close by, and to be dislocated from family would be a strain for anyone.

I wish Rabbi and Rebbetzin Sprung immediate future success, together with lots of Nachas and joy.

We now wait to see who the (democratically elected?) new Rabbi will be.

AMI MAGAZINE INTERVIEWS RABBI MENACHEM GENACK, CEO OF OU KOSHER

[Hat tip BA]

November 24, 2014

Rabbi Hershel Schachter once told me that if there’s a disagreement in matters of halachah at the OU between him and Rabbi Yisroel Belsky, you are the deciding vote.

The halachic decisors at the OU are the three of us. So if there’s a dispute the majority rules.

You’re also involved in running the office?

Yes. That is part of my responsibilities.

Have standards been lowered over the years to expand and broaden the kosher market?

I think that generally during my 35-year tenure as the CEO of the Orthodox Union’s Kosher Division the standards have actually been enhanced. There’s a good side to the kosher market’s expansion, and a less good side. Rabbi Berel Wein would often bemoan the fact that we’re seeing a lot more “glatt” kosher and a lot less “standard” kosher, a lot more “shmurah” matzah and less “regular” matzah. My own experience growing up in America was that even the Conservative Jews had two sets of dishes. While they weren’t necessarily careful about kashrus outside the home, they were nonetheless careful inside the home. Unfortunately, because of the erosion of the Jewish people to assimilation, that broader commitment has weakened dramatically.
Coextensive with that, we’ve seen the growth of the Orthodox community, especially the chasidic and yeshivish com-munity, which is much more careful and demanding about kashrus. This is expressed most dramatically by the fact that in the 1940s there was no such thing as glatt kosher in America. Glatt kosher began to emerge primarily when Satmar came to America after the war. Before that it didn’t exist. Rav Moshe Feinstein never ate glatt kosher because according to the Rema one doesn’t have to. Today in the OU market everything is glatt. The driving force is the consumer market, which today is much more stringent in this matter.
We’ve actually seen conflicting attitudes. On the one hand, the frum community became much more demanding in terms of kashrus, but we’ve also seen the degrading of kashrus by the general population, which is very unfortunate. It’s unfortunate because we want them to be careful regarding kashrus, and also because kashrus is something that binds them together as Jewish and is a bulwark against assimilation.

When I studied in Lakewood, I remember the yeshivah used food products that I don’t think they would use today.
I have the same recollection. I remember when I was in Lakewood in the ’60s they used regular Rice Krispies, and so on. I don’t think that’s the case anymore. When Rav Aharon Kotler started Lakewood, he wasn’t makpid on chalav Yisrael. The famous story that’s told is that when he was finally convinced to switch to chalav Yisrael it came in a big canister, which overturned, and he was very upset about the entire switch.

The OU still certifies kosher chalav akum.

We’re sensitive to those who are diligent about chalav Yisrael. If something is used with what Rav Moshe called “chalav hacompanies,” we list it as OU-D on the ingredients. And when we certify products that are chalav Yisrael we indicate that.
The Chazon Ish has a discussion about chalav Yisrael and he quotes the Pri Chadash, that when there’s pikuach hamemshalah [government supervision] it’s muttar. It’s interesting to cite what Rav Wosner writes in Shevet Halevi that when the Chazon Ish wrote this, Rav Wosner recommended he not print it, since the Chasam Sofer does not permit it. However the Chazon Ish didn’t agree with him. Rav Moshe in his teshuvah claims that government supervision is good even according to the stringent position of the Chasam Sofer. So that’s the OU’s position in terms of dairy products. We have many products we give supervision to that are chalav Yisrael.

The consumer should know what the differences are between local chasidishe hashgachos and the major hashgachos. Would you agree with that?

100%.

Do you find those hashgachos to have more chumros?

I think the OU generally has more chumros. All the hashgachos we give we believe are l’chatchilah. We’re dan on everything. We record everything in terms of the halachos, the psakim. We have a secretary, a safra d’dayna, Rabbi Eli Gersten, who’s a very big talmid chacham. We don’t do things on a b’dieved level in shechitah or any production we certify. I think people have come to recognize that. One of the reasons is the level of the rabbanim we employ. There are over 50 rabbanim working in my office, not to mention the people in the field. These are musmachim of our finest yeshivos. They’ve come to recognize that the OU is a purely communal, non-profit organization. Beyond our salaries, we’re not the beneficiaries of even a penny that the OU earns. It goes right back into the Jewish community in terms of kiruv and to the Yachad Program, for children with disabilities. I think that makes the OU unique.

While there are three fine rabbanim in charge of the OU, we also have to rely on the individual mashgichim and on the credibility of the owners of companies. So while we may be able to rely on the OU, that doesn’t necessarily mean that the product is kosher.
Every hashgachah is based ultimately on the credibility of the entrepreneur who’s running it. If we find someone who’s dishonest, it doesn’t matter if he’s a Jew or a non-Jew; we remove our certification.

Rabbi Schachter told me that China is very problematic, since Chinese entrepreneurs have been caught cheating many times. With that in mind, how comfortable can we feel that we’ll actually be eating kosher at the end of the day?

In terms of China, as the global economy expanded, American companies started sourcing ingredients from every corner of the world. That requires us to go to China and other far-flung places. We inspect all these plants. We have people in China. And, generally speaking, the ingredients we use coming from China are in most cases ingredients that are relatively innocuous. We look at the kashrus sensitivity of the product. We inspect all the plants. The need is there because of globalization.

You have competition and I’m sure the OU is competitive to get as many companies certified by the OU as possible. How do we know you won’t compromise to get a customer?

Obviously it’s an issue and we confront it all the time. But in terms of the OU, that’s one of the things that’s a major underpinning behind our founding. The advantage of the OU as an organization is that there’s an infrastructure and any monetary temptation is mitigated because it’s a communal organization. Our people won’t be rewarded financially; their parnasah doesn’t depend on this or that company. That’s the advantage of communal kashrus.

There’s a conception that kosher food is more healthful and cleaner. Is this only among non-Jews, or also among those Conservative and Reform Jews who, you said before, stopped eating kosher?

You’re right. Companies who look for kosher supervision are not only looking to sell to Orthodox Jews who keep kosher. The kosher market is much larger than that. It includes people who for their own religious requirements look for kosher, such as Seventh-day Adventists or Muslims or people who have lactose intolerance and want to see if it’s pareve, or gluten intolerance and want to see if it’s kosher for Pesach. But a big part of the market includes those who have a perception that if it’s kosher, either quality- or health-wise it’s a better product. Part of that, candidly, is not always the case. For example, a kosher salami sandwich has just as much cholesterol as a non-kosher one. But other times it’s accurate: For example, when there was the problem with mad cow disease; because kosher slaughter eliminates a lot of the blood through salting, it seems it was less susceptible to mad cow. I think another thing is that we provide another set of eyes watching the plant. The USDA or FDA sees a plant maybe once a year. So the kosher designation gives consumers some comfort that there’s an extra set of eyes in the plant.

Does that hold true for non-Orthodox Jews?

I assume it’s universal. Also, in terms of the general Jewish population, we see that around Pesach time American Jews come home to roost and for the Seder and Pesach they’re more likely to buy kosher products.

How closely do you work with other kosher agencies?

The OU’s position is we will use other ingredients from other agencies that we feel meet a certain standard. So there is a certain amount of communication.
The OU is much larger than all the other agencies combined. We could’ve used our leverage to say that if you want to be an OU company you can only use OU products. But we didn’t. When I came to the OU 35 years ago, one of the people who told me to maintain that was Rav Soloveitchik. There was a company that applied to the OU that was under another certification. That certifier complained that we took the company away. I said, “We didn’t take them; they applied on their own.” He said,”Let’s ask Rav Soloveitchik.” Rav Soloveitchik told us, “It’s a free country, and they’re doing this for marketing reasons; they can choose whom they want to use for kashrus.” Then the Rav said to me: “I wouldn’t want to see everything come under the OU, because I don’t think that’s healthy for the American Jewish community that this should be a monopoly.” And I was always guided by that direction from the Rav.

It’s impossible today for any hashgachah not to rely on the OU, since no small kashrus supervision organization can possibly certify all the ingredients that are used in most products.

True. It’s impossible. Every supervision is relying for the basic ingredients on the OU. That doesn’t mean to say that some of them will not check with us as they may want to go see the plants on their own. But ultimately, basic ingredients, for example oils, are under the OU. I remember when I was growing up it was very difficult to get kosher oils. Then Crisco Oil came under the OU. What people take for granted now was very much not the case then. Trying to convince companies to make basic ingredients kosher was heroic work in the 1950s.

Kosher food is often expensive. Maybe we should educate people that in some things the extra hechsher is just a waste of money.

We try to do that in our Pesach directory. We have a special box where we list things we think are innocuous that are kosher all year. We know that to be an Orthodox Jew is a very expensive endeavor. With so many products under different national supervisions it’s possible not only to have kosher food available throughout the US, and if you’re buying a national product that has an OU, it’s the same cost as similar unsupervised items. That’s a tremendous savings. It makes it possible for people to keep kosher at no additional cost.

Any plans for future improvements?

There’s always room for improvement. A lot of it just has to do with a sense of seriousness and purpose. I’m proud of the people who work at the OU. They’re all talmidei chachamim and are endowed with that sense. So they’re the ones who inspire me.

The people in your office are really from diverse yeshivah backgrounds. I’ve been there more than once. You have Modern Orthodox rabbis and chasidim.

That was by design. When I first came to the OU, I thought the OU was a communal organization and should represent all different communities and yeshivos, and we tried to build it on that basis. On a related issue, another thing the OU does is we go to all yeshivos and we make presentations explaining what’s involved in kosher supervision. And also, every other year we do a program for three weeks to teach kashrus to yeshivah guys.

by Rabbi Yitzchok Frankfurter

Reprinted with permission from Ami Magazine

http://oukosher.org/blog/consumer-kosher/ami-magazine-interview-rabbi-menachem-genack/

Can you daven with a seriously accused criminal or criminal?

There was an interesting article which appeared in Tablet Magazine (c) by Joshua Berman. In it he essentially questioned the opening stanza before Kol Nidrei wherein we accept all sinners to join us in prayer to God.

I reproduce the article below. Some time ago, I had a related problem. An accused and charged criminal, who was waiting for his day in court, and was on strict bail conditions, appeared in our Shule to daven. My personal feelings were that of revulsion. In the end, I convinced myself that perhaps if they sat in a back corner of the Shule, came and went quickly, and didn’t make  themselves conspicuous that it was questionable. I rang my Rav, for his opinion, and he felt that it was no worse than a Cohen who transgresses but still has to perform Mitzvos Bircas Cohanim (the positive command remains), and it is commonly the case in many Shules that Cohanim who are less than committed to Halacha, Duchen. There is a special law in respect of Bircas Cohanim but that depends on the particular kehilla. In essence then= this person shouldn’t be denied davening with a minyan. He stipulated however that if that person “extended his welcome”, then it would be better for him to Daven at home. With difficulty,  I accepted the Psak, and discussed it with the local Orthodox Rabbi, who agreed. Unfortunately, those who have been party to certain sinful proclivities rarely sit quietly minding their own business. It’s as if some מחלה has overtaken them and they are no longer in control of what we call common sensibility.

One day, I had a less than friendly interchange with said person, because I felt, as did others that he had exceeded his task thereby resulting in what might be called a less than quiet moment. He didn’t return after that. It’s a very difficult question from an emotional point of view, even for those who aren’t directly affected, and I was not one of these.

With the consent of the Almighty and with the consent of the congregation, in the assembly of the Heavenly Court and the assembly of the earthly court, we sanction prayer in the company of the delinquent.
I always took comfort in that line, the opening line of the prayers of Yom Kippur night. Despite my shortcomings — which seem to persist over time — the liturgy welcomed me to Yom Kippur. I was one of those “delinquents” with whom those around me could legitimately pray.

But this Yom Kippur eve, I’m experiencing that opening line of our liturgy in a more profound way. Friday night, I’ll be leading Kol Nidre services in my synagogue. Ask anyone who leads prayer services over the High Holidays what it’s like to prepare and they will report the same experience: When you rehearse the lines and the melodies in the days leading up to the service you commune with the rabbis, cantors and teachers who instructed or inspired you in the art of leading the service. You aren’t merely recalling a tune; you recall their voice, their passion, their expression. As you reach mid-age, these days of preparation can be more powerful than the actual synagogue service itself. Recalling the passion and personality of beloved teachers who have since passed on, you cherish the days of preparation as an opportunity to revel in their melodic presence in collective service of the Almighty.

In my mind’s choir I sing along with Rabbi Yehoshua Kreiser and Rabbi Avraham Weiser of blessed memory, the European born rabbis of the small congregation in which I grew up. And I sing along with my beloved Rosh Yeshiva, Rabbi Yehuda Amital of blessed memory, also of European birth. I sing and tear-up in disbelief that my children will probably never experience an old shtetl Jew leading the High Holiday services.

I also sing along with the cantor who prepared several hours of tapes for me when I first led services as a college student 30 years ago. Let’s call him Shlomo. Shlomo taught at the yeshiva day school I attended as a youngster. We were members of the same small congregation. Shlomo had a beautiful voice and everyone in the community felt it a treat when he lead the services.

As I communed this week with all the wonderful rabbis and teachers of my mind’s choir, I paused as I came to a particular bar of Kol Nidre that I identify as a “Shlomo” bar in my repertoire. I recalled the link an acquaintance sent me a few years back documenting that Shlomo had years later served time for sexually abusing young boys.

The Israel Philharmonic Orchestra boycotts the music of Wagner because of the role of his music in the rise of the Nazi regime. Should I now “boycott” the music, nay the high-holiday melodies, of a pedophile?

For me, Shlomo was a beloved teacher. In fact, the first time I ever experienced a full traditional Shabbat setting was in his home when I was 11. He had a bunch of boys over for Shabbat. Perhaps with today’s sensitivities such a gathering might never take place. But forty years ago, not much was thought of it. I still remember the chicken fricassee he prepared and the songs around the Shabbat table. But above all I remember his love for liturgy and his generosity in preparing hours of liturgy on tape cassette for me .

I have had no contact with Shlomo in several decades. I can’t imagine what such a meeting would feel like. Of course, I am sickened by the actions for which he has served time, and cannot begin to imagine the justified loathing felt toward him by his victims or by their parents. They were the victims of his darkest impulses. I was the fortunate recipient of his brightest. Shlomo gave me an exposure to Shabbat and a melodic path with which to relate to the Almighty on the High Holidays.

Thinking of Shlomo, the darkness of his personal struggles and the melodies he has passed on to me lead me to new insight into that opening line of the Yom Kippur evening service – “we sanction prayer in the company of the delinquent.” The liturgy does not say, “We sanction prayer in the company of sinners — chot’im. In Hebrew the word I’ve translated as “delinquent” is avaryanim, which is much stronger than just “sinners” — chot’im. Even in medieval rabbinic Hebrew, avaryanim comes much closer to its modern Hebrew meaning of “criminal.” And the term is even stronger, as it is paired here with the definite article, “the avaryanim, implying not merely those many who are imperfect, but those few guilty of the worst deeds.

On Yom Kippur there is no easy ethos of “forgive and forget.” The opening line of the liturgy affirms the functioning of a heavenly court and an earthly one. Each shall mute out justice in its respective realm. But that opening line speaks of a third body – that of the congregation. On Yom Kippur the congregation must find a way to include in its midst not only mere “sinners”, but indeed “the avaryanim.”

And it is in that spirit that through the inspiration of all my teachers I shall lead the services, confident in the knowledge that I ”have sanction to pray with the delinquent.”

Visiting the בית החיים on Erev Rosh Hashana

I have absolutely no doubt that I am still traumatised by the fact that my father ע’’ה has left this world. There is not only a vacuüm, but a set of shoes which I haven’t got a hope to fill. Yes, each person is an individual, and it is true that we all carve out our particular approach and niche in life. At the same time, whether via nature or nurture there are so very many aspects of the way my father conducted himself, I cannot even hope to reach his ankles.

I still do not sleep peacefully, and disturbingly, when I awake in the morning I am often in a state of nervous aggravation, as if I’ve fought some war during the night. I don’t remember any dreams, and I’m not sure if there were any. Maybe a subconscious stream has enveloped me. It can take me up to an hour to “get over it”.

Another symptom is forgetfulness. It is very easy for me to forget the most basic things, whereas prior to this event, I was not the classical absent-minded professor, just the remote eccentric and vocal type.

My wife has been a tower of strength often helping me to find most basic things. No doubt issues regarding her health (which Baruch Hashem is fine) haven’t exactly helped me heal overnight as my well as my mother’s poor health which is now Baruch Hashem improving.

Accordingly, unlike my mother and sisters, I avoided going to the cemetery when I could. They are no different to me, but had a need to be close to the grave. I understand that. As I Cohen, I could, however, only stand on the road and look at the back of the Matzeiva. I feared looking at my father’s grave, and coming face to face with the reality of my petty achievements in comparison with his and which had already overtaken my subconscious. Maybe it was better that way. I don’t know.

Maybe this is a part of second generation holocaust syndrome. I also do not know.

So, yesterday, I headed out with my mother to Springvale Cemetery. This is the Minhag in our family, even though Rav Schachter advised me it wasn’t his Minhag to ever go to a Cemetery, or the Minhag of Beis HoRav (Soloveitchik) or the Vilna Gaon. As I have mentioned before, Rav Schachter never would say “don’t go”. When it came to cemetery questions, he suggested I ask a Rav who has such Minhogim.

After visiting my father, we made the rounds of other relatives and friends, recounting aspects of their lives. I then felt a sudden feeling of warmth. Looking around all the Haymishe Yidden that I once knew, and were now in another world, I felt strangely “comfortable”. I thought, now this is a Kehilla. Look at this one, and that one, and so on. I know I am a tad eccentric, and maybe I am also a bissel meshigge, but I felt inspired by the names and what they had represented and achieved. Everywhere we went, there were great people, people I had loved, and people I had admired, and of course, just “plain” survivors.

So, what started as a trip laden with trepidation, ended with a feeling of a “visit to another world”, a world which was familiar to me. People who knew about Jewish tradition, how to daven, how to learn, how to do a kind favour, religious people and not so observant people: they were all in one spot.

You probably won’t understand, but never mind.