To understand the connection between the מצווה of צדקה and specifically the Yom Tov of Purim, we need to to understand the general מצווה of צדקה. The Rambam in the beginning of the tenth chapter of הלכות מתנות עניים exhorts us to be more careful in the degree of our observance of the מצווה of צדקה than all other positive commands. This is because צדקה—vis a vis the propensity to give—is an identifying trait of Avraham Avinu. As the Pasuk in בראשית יח יט states:
“For I have known him, that he commands his children, and his house after him and they have kept the way of Hashem, to do Tzedaka and judgment, that Hashem may bring on Abraham that which He had spoken concerning him.”
The Rambam’s statement is extraordinary. We could be forgiven for thinking that the defining characteristics of a Jew is seen through the Mezuza on their door, or through their observance of the Mitzvah of Tzitzis, Tefillin, Kashrus, and similar. Giving Tzedaka, however, is a universal humanistic value that is not just the domain of Jews, so why did the Rambam specifically choose Tzedaka as the characterising hallmark of the Jew?
In the second סעיף the Rambam goes on to say that if someone exhibits cruel or uncaring characteristics, then we might suspect that persons יחוס (intrinsic DNA) as a Jew. As is well known (and more recently popularised in Avraham Frieds’ ביישנים song) , the Gemara (יבמות מט) says
“סימני ישראל האומה הקדושה: בישנים, רחמנים וגומלי חסדים”
“The signs of the holy nation of Israel are that they are milquetoast, pitying, and bestowers of kindness.”
The Rambam stresses that all Jews are siblings and if one sibling does not look out for another, who will?
In this regard, the Megillah states the inspiring words:
וירא המן–כי אין מרדכי, כרע ומשתחוה לו; וימלא המן, חמה. ויבז בעיניו, לשלח יד במרדכי לבדו–כי הגידו לו, את עם מרדכי; ויבקש המן, להשמיד את כל היהודים
that Mordechai refused to cow tow to Haman. Haman was enraged, and whilst he would ordinarily have materialised his rage solely through punishing Mordechai, once he realised that (consistent with the Rambam’s view) Mordechai was an iconic symbol conjoined with Jews, כי הגידו לו, את עם מרדכי as a unified whole, then ויבז בעיניו he despised Mordechai more, and decided that he’d take it out on all Jews—להשמיד את כל היהודים.
This is also what Mordechai reminded Esther of when he said:
״אל תדמי בנפשך להמלט בית המלך מכל היהודים כי אם החרש תחרישי בעת הזאת ריוח והצלה יעמוד ליהודים ממקום אחר ואת ובית אביך תאבדו
“Do not imagine that you in the king’s palace can escape any more than all the Jews. For if you remain silent at this time, relief and deliverance will arise for the Jews from another place and you and your father’s house will perish.’’
Mordechai was stressing to Esther that Jews are responsible for each other; they are a singleton. It cannot be that a Jew’s fate is detached from other Jews anymore than a Jew can absolve themselves from their responsibility to another Jew. This theme, of the unity of the proverbial Jewish body is also channeled to a prospective גר. After detaching themselves from any prior nation or peoplehood, the גר is informed that they will now face anti-Semitism in the same way as any born Jew. The proverbial Jewish body has absorbed the גר and they are now a vital component.
This message—the importance of perpetuating the unity of the Jewish nation—as echoed by the מגילה and מרדכי and המן himself, motivated the Rabbinic enactment of the מצווה of מתנות לאביונים. Enveloped with this theme, the מצווה is not simply one of צדקה but is now the materialistic expression of a unifying act which by its purpose is consistent with not checking the credentials of the person one is giving the money to. On the contrary, the body is in tact, knows no difference, discerns no hierarchy and for this—the theme of כל ישראל עריבים זה לזה and אחדות—it is consistent to give to any Jew and not to question their bona fides.
The three weeks and nine days, during the months of Tamuz and Av respectively, are popular in Melbourne. The days are short, it is winter, and as a result we attract many Meshulachim, Hunters and Collectors (MHC). If you spend Tisha B’Av in Melbourne it’s certainly an easier fast than in Yerusholayim or להבדיל Monsey or New Square. The community in Melbourne is relatively small and tends to live in proximate enclaves. MHCs are generally ferried from house to house by local drivers equipped with potential donor lists made available (sometimes for a fee) to those MHCs who haven’t formulated their own list. Local drivers levy a percentage of the takings and tend to be exclusively from the Hungarian Charedi community of Adass because most MHCs seem to be of the Charedi persuasion. The local vans are generally strategically stationed 2 or 3 houses down from the house the MHC is visiting so that the home owner won’t see the local driver. During the high seasons, one can easily have 2-6 MHCs in an evening.
There are different approaches employed when dealing with an MHC.
Some good-hearted souls make time and sit down and listen to the MHC’s story and read their recommendation letters, offer a drink, give a donation from their M’aaser allocation for Tzedaka and then send them on their way, with or without a receipt, sometimes with cash and other times via a cheque
Some will do the same as 1., but do it quickly by not listening to the particular MHC
A new system has evolved in Melbourne whereby MHCs are able to get Chesed certificates which attest to their legitimacy. Many will now only give to MHCs who make the modest effort to obtain a Chesed certificate. Such systems exist in many other countries in the world and are designed to lessen the chances of fraudulent crooks masquerading as MHCs.
Some only donate to people or causes with whom they can identify. For example, they will not give to an anti-zionist kollel or to someone from Toldos Aaron or a Meshichist etc
Some will tell the MHC to “go and work for a living like I do”. After a while, they no longer get MHC visitors. These people can also be seen running out to the driver warning him not to bring such MHCs to their house again.
Others choose to pre-allocate their Maaser to chosen charities and have little left for casual MHCs.
I know of one Jew (wasn’t frum at that time) who used to have a large nude painting at the doorway of their home. Their clientel dropped dramatically after that expose.
I know of another Jew who suggests that the MHC “sing Hatikvah” as a precondition to his donation.
The last two approaches, and variations on such themes, are not recommended, despite their effectiveness 🙂
MHCs themselves can be convivial. Sometimes they are rude and uncultivated. We all have stories about the MHC who abused us or our wives because we didn’t “give enough”; or we “gave more last year”; or we refused to answer the door after the MHC woke up the family, pressing the doorbell after 10pm.
Most MHCs are “he”, although I have struck the odd (sic) “she”. In my case, I’m pretty sure she was fraudulent.
For over two decades, my personal approach was to
rarely listen to what they were collecting for (I didn’t need the justification)
never let someone leave empty-handed
give everyone a modest sum.
When the Chesed certification was mooted, I was opposed to the concept; I didn’t need to know anything about an MHC. Even if they were involved in chicanery or deceit, I concluded that they were a Nebech since they felt compelled to travel from door to door collecting. Most Melbourne Rabbis signed on to support Chesed, with the notable exception of some Charedi Rabonim. Those Charedi Rabonim provide their own letters it would seem which makes their behaviour incongruent unless their policy was to support “anybody”.
After some time, and after hearing stories about MHCs who had fleeced members of the community of many thousands of dollars, I began to slowly come around to the concept of giving exclusively to those who had allowed themselves to be scrutinised by the Rabbis of Chesed. I do make exceptions for those whom I know personally, of course, but will encourage them to obtain the certification nonetheless.
With Purim approaching there is a well-known מצווה of מתנות לאביונים. This is derived from the פסוק in the מגילה
What is the nature of this מצווה? Does it have the same strictures as the מצווה of צדקה? Is it different מצווה functioning under its own rules? The Aruch Hashulchan in סימן תרצד סעיף א notes, based on the Rambam in the second perek of Hilchos Megila and Chanuka:
ואין מדקדקין במעות פורים, לומר “זה ישר” ו”זה רמאי ואין צריך ליתן לו”. אלא כל הפושט יד ליטול – נותנין לו, ואינן צריכין לדקדק אחריו
We don’t exercise due diligence with our Purim Gelt.
We don’t scrutinise so that whoever stretches out a hand, we do give them something.
Why is Purim different? Is it so difficult to find two people who are genuinely in need of the monetary equivalent of two portions of food (the Gemara learns this out from the use of plural מתנות and then the plural אביונים) in the פסוק.
Note that for מתנות לאביונים a husband and wife or family is considered one unit for this purpose. A man is able to fulfill the מצווה through the prior donation of his wife, and vice-versa. On the other hand, if one gives two portions to a single husband and wife unit, then one has not fulfilled the מצווה because it is as if it was given to one entity.
The מצווה of מתנות לאביונים is considered more important than משלוח מנות in that if one is wondering whether to put more into their סעודה or more into משלוח מנות as a הידור then the הלכה states that it is preferable to spend more on מתנות לאביונים.
There is a cute apocryphal story about two Brisker בחורים who, as is well-known, are punctilious with the precise mode of discharging of each מצווה. As Brisker they are accustomed to subjecting minutiae to considerable scrutiny. In their zeal to fulfil the מצווה of מתנות לאביונים they proceeded to scour the local village to find a truly poor person (אביון). Unhappy with one couple because that couple’s house seemed to be not shabby enough to be qualified as “poor”, they searched on. They were unhappy with another couple who did live in a suitably decrepit tent of a house but seemed to have a couch that was too “nice” and hence under Brisker standards there was a question of the degree of their impecuniosity. Finally, at the very edge of the town, they chanced upon an old and sick couple living in a ramshackle abode, with the plainest of accoutrements. Now this was a “real” poor couple with all the הידורים according to כל הדיעות. With great joy, they informed the couple that they would present them with their money so as to perform the מצווה. Upon leaving, they were careful to also inform the couple:
“Please make sure that during the year, you don’t accept any money or help from anyone else so that next year we can come back and fulful the מצווה again through you!”
On Purim, there is a long-standing custom to give money to so-called כלי קודש: Rabonim, Chazonim, Shamoshim and the like (I wonder if that includes Kolel Yungerleit or not so Yungerleit these days!). Interestingly, the Aruch Hashulchan suggests that one does not fulfil מתנות לאביונים when passing on the envelope to this category of person because it is considered more of a חוב. There is an expectation as opposed to the more care-free and unpredictable mode of making somebody happy on Purim by providing them with enough money to make their Purim a happy one.
What if I want to use the money I have set aside for Tzedaka each year? Can one use their מעשר money, the money they have set aside for צדקה, and use this to fulfil מתנות לאביונים? This is an interesting question discussed by the מהריל. The מהריל concludes that one may not use מעשר money for this purpose. מתנות לאביונים needs to come from a different proverbial pocket. This separation of מתנות לאביונים from צדקה is perhaps consistent with the other הלכה of not performing due diligence in ascertaining who is genuinely poor for מתנות לאביונים.
What about poor people themselves? Do poor people have to perform מתנות לאביונים? If we say they do have to perform מתנות לאביונים then we can infer that מתנות לאביונים is like any other מצווה and just like a poor person must perform any other מצווה they must also perform the specific מצווה of מתנות לאביונים. This is the opinion of the ט”ז in או”ח סימן תרצ”ד. On the other hand the פרי חדש opines that a poor person does not have to perform מתנות לאביונים because מתנות לאביונים is really just a special class of צדקה for the day of Purim, and just like a poor person doesn’t have to give צדקה they also don’t have to give מתנות לאביונים.
Another הלכה is also germane in respect of whether מתנות לאביונים is its own מצווה or is really a specialisation of צדקה on the day of Purim. Is one able to fulfil מתנות לאביונים by giving the money to a non-Jew? The Tur paskens that one can fulfil מתנות לאביונים by giving to a non-Jew. The Beis Yosef supports this with a quote from Gitin 61A where the מצווה of צדקה can be fulfilled by giving to a non-Jew. We observe then that the Tur holds that מתנות לאביונים is another example of the מצווה of צדקה and therefore מתנות לאביונים enjoys the same details in the halachic effectuation of the מצווה. Many argue with the Tur, and opine that one can not fulfil מתנות לאביונים by giving the money to a non-Jew because מתנות לאביונים is a separate מצווה for Purim which is tied to the word רעיהו in the Pasuk, which means רעיהו במצוות.
Of course, I am not a Posek by any stretch of the imagination, but I am pretty certain that on Purim those of us who do submit to a determination of a poor person’s bona fides through a Chesed certificate, should suspend such considerations on Purim day itself.
Ask your own Local Orthodox Rabbi, of course (perhaps when you slip him an envelope on Purim 🙂
It is entirely natural and expected that a school advances a particular leitmotif . Indeed, some would argue that a school that doesn’t have or project a particular bias is like a body without a soul, wandering aimlessly from issue to issue, approach to approach, without a guiding rudder. Parents choose a particular school for their child, and apart from the expected quality of education, another ingredient contributing to their choice is the compatibility between the philosophy at home and the Weltanschauung imparted by the school.
In Melbourne, the so-called religiously inclined schools are arguably four:
The Hungarian Charedi, Adass Israel Schools
The Chabad Chassidic, Yeshivah Beth Rivkah Schools
The Mizrachi Religious Zionist, Yavneh College
The Misnagdic/Lithuanian, Yesodei Hatorah School
I am sure that some educational leaders of Mt Scopus College would consider Scopus a religious school, however, this is not the popular street-view. There are a number of other secular-oriented Jewish Schools in Melbourne and of course elsewhere, but these aren’t the focus of my thoughts.
The Melbourne experience is not atypical. In Israel and the USA one sees more choice but I’d suggest that the choice is generally an expansion of different shades of the same broad categories above.
My issue with many schools is that they do not promote balance or tolerance. To be specific, I’ll describe some topics which I think would not be dealt with adequately, or at all, within the above schools. I’m not so much focussing on the particular schools in Melbourne, but rather the type of school.
A Hungarian/Haredi style School would not cover
the approach of Torah im Derech Eretz per R’ Shamshon Raphael Hirsch. They wouldn’t even do so in the context of הרבה עשו כרשב’י ולא עלתה בידם.
a rejoinder on the שלש שבועות and an understanding of the philosophy of religious Zionism
Torah for women
ָA Chabad Chassidic style School would not cover
a comparative study of the Nefesh Hachaim and Sefer HaTanya
an understanding of the philosophy of religious zionism
A Mizrachi Religious Zionist School would not cover
the philosophy of the Satmar Rebbe ז’ל vis a vis ויואל משה
chassidus (although that has changed of late with the emergence of חבקוק (but not in Melbourne)
A Misnagdic/Lithuanian would not cover
anything that remotely resembled Chabad
an understanding of the philosophy of religious Zionism
Gemara for women
Now, you might say that’s a short list of items. They aren’t exactly fundamental issues. There are more important things to focus on. What’s the big deal?
The topics above are just indicators—sign posts. The general issue of balance and tolerance runs deeper than these specific matters. In fact, what prompted this post relates to none of the aforementioned issues!
Our youngest daughter, who attends a respected Chabad School, was learning the halachos of women wearing a head covering. Sadly, the lesson style was not a textual study, even though the girls are in year 12. The teacher adopted a more informal—Balabatish—study based on short essays and articles on the topic. I chanced upon the material at home and read it with interest. This material, which the girls passively read in class and then discuss, is comprised of
What struck me about the coverage, however, was the complete and perhaps wilful omission of the not insignificant opinions of those who consider the wearing of a Sheytel to actually be forbidden! This view is held, of course, by Chacham Ovadya Yosef at one end of the spectrum and various Chassidic Poskim at the other end, who held that if one does wear a Sheytel it needs to also include a hat or kerchief. Others who are against Sheytels include: R’ Yaacov Emden ז’ל, the Vilna Gaon ז’ל, the Chasam Sofer ז’ל, the Divrei Chaim of Sanz ז’ל and R’ Shlomo Kluger ז’ל. Maharil Diskin ז’ל and Rav Elyashiv are opposed to particular styles of Sheytels (those that are “too real”) whilst in Beis Ya’akov Schools I am told that a teacher who wears a Mitpachat (a Tichel instead of a Sheytel) will not be admitted. In Charedi Leumi circles, full tichels are the order of the day, and unlike the claim of the Lubavitcher Rebbe, many women simply do not remove their tichels.
I urge you not to misunderstand me. I am decidedly not taking any sides here in the debate about proper modes of hair covering. Indeed, when we were married, many moons ago, I told my wife that she should use whatever style she was comfortable with. I was never about to dictate the style of hair covering; I felt it was a difficult enough thing to live with and there was really no concensus.
What I am against, however, is imbalance and lack of tolerance in education. The children should have been exposed to alternate Torah-based views even if they aren’t the views of the School. Sure, the Lubavitcher Rebbe ז’ל was very pro-Sheytels and anti-Tichels, even in the house, but if a teacher is going to teach children about the concept, why wouldn’t she also cover the sizeable alternative views?
There seems to be a lack of balance, let alone tolerance, in our school systems. It cuts across all the four broad types of schools I mentioned above.
Okay, so I’ve received a short essay that researches the origins of the Mezinke. I’m advised that the essay is available in some libraries. It is entitled “Mizhinke” and is by R’ Levi Cooper (ex-Australian, ironically). I’ll summarise some new information gleaned therein.
The custom appears to not be mentioned in any Jewish sources (as we surmised)
The song appeared in a compendium of songs by Warshavsky in 1900 under the yiddish title “Notes to the Jewish folksongs of M.M. Warshawsky”.
It is alleged that the song became well-known through Theodor Bikel’s recordings (Click here if you want to listen to a preview through iTunes)
It would seem that Warshavsky intended the song to be performed at the Bedeken. The song was originally known as “Di Rod” (The circle). Indeed, the phrase “Di Rod Di Rod macht gresser” is part of the first verse (that I sing) although it is the third verse in the original. I only sing two verses (those that mention Hashem) not that any of the other verses are “wild” in anyway. My own feeling is that it was moved from the Bedeken to the wedding party itself because the Bedeken is an halachic religious ritual (indeed, I think the Rav would sometimes announce the Eidim for the Bedeken to be sensitive to the position of the מרדכי as brought by the ט’ז who held that the Bedeken was actually the נישאוין, the wedding proper!) and this tune really didn’t fit in at the Bedeken.
I understand that R’ Cooper hopes to further update his booklet at some stage.
In conclusion, I stand by what I wrote in the first part, namely, that I can see no reason halachically why this practice may not be performed and indeed continued. As some have pointed out, they see it as one of the more beautiful parts of a wedding party and they hope to be healthy and do it at their own simcha. That being said, there is, so far, no evidence to suggest it was some ancient מנהג ישראל. In all likelihood it was (as Joel Rich put it) an acculturation, like the practice of Rabbis giving drashos every Shabbos.
If I get a chance to ask Rav Hershel Schachter, I will do so, but in the meanwhile, I will happily continue doing it, although I won’t call it a מנהג ישראל. What will I call it? Stay tuned to that next Simcha.
I’d like a dollar (Tzedaka of course) for each time I’ve been asked to perform the Mezinke. For those who haven’t come across the Mezinke, it comprises of a special tune, lyrics, and little ceremony performed when the youngest daughter is married (די מיזינקע אויסגעגעבן).
It is generally presumed that children, especially girls, are married in order of age, and when that last girl has “flown the coop,” it is a happy occasion signalling a milestone for parents and any grandparents. The custom has evolved so that some also perform this dance when the youngest male is married. In that case, the same dance and little ceremony takes place, except that the word Mezinig instead of Mezinke is used in the lyrics.
Recently, I performed at a nice Chabad wedding. Of course, in keeping with their הנהגה the wedding was segregated in respect of both dancing and seating. At the commencement of the 3rd dance bracket (yes in Australia we even have a 4th dance bracket), I announced (in keeping with a request from the בעלי שמחה) that the Mezinig ceremony would now take place. I announced that it was a מנהג ישראל in some places to perform this dance. The parents of the חתן sat down on the women’s side of the dance floor and the children performed the traditional dance around their parents. Normally the dance is accompanied by brooms signifying that the youngest is now proverbially swept out of the house. Some put garlands on the head of the parents, although that is rare.
At the end of the evening, as I was packing up, a respected Rav approached me and informed me that I was gravely mistaken. Not only wasn’t it a מנהג ישראל the practice was likely derived from עבודה זרה. In the least it was a מנהג הגוים and in this Rav’s opinion it was אסור to host the dance/ceremony because of חוקת העכום. Taken aback by this sudden cause célèbre, I asked the Rav how he knew it wasn’t a מנהג ישראל. He responded that his own מחותן had researched the matter and discovered that the Mezinke had no source in יהדות and was derived from גוים. I was somewhat shocked. I hadn’t heard this in over two decades! I responded meekly that this is something that was done for many years and I had simply assumed that it was a מנהג ישראל or at least מנהג from Ashkenazim. I don’t recall ever doing it for Sephardim, and there is no Ladino equivalent 🙂
An internet search proved to be interesting but somewhat inconclusive. The well-known mendele group which revels in the yiddish language, had various contributions:
“Martin Stern [Mendele 14.039] asks about “mezinke” and “mezinik.” His Belzer neighbor had it sort of correct, and I cannot weigh in on local pronunciations there, particularly in Ukrainian. But Harkavy refers “mezinke” to “mizinke” and “mezinik” to “Mezinietz”, and that gives us the origin.. “Mezinietz” is the littlest finger or the littlest toe”
“One probably needs to first go to the masculine form, which is muzhinyik. This appears to be “The little(est) man” from the Russian, moozh, for a man. This is the root for muzhik, which is a peasant. It was probably feminized in Yiddish by the usual mechanism of attaching a German suffix to a male noun.”
or the perhaps more stretched explanation
“I always thought ‘mezinek’ to be a corruption of the posik, ‘ki ven zkinim hi loy’. It is in berayshis (Genesis) where it tells the story of Yosef and his brothers. It says that Yankev liked Yosef more than his other sons because he was a child born to him in old age. The keyword here is ‘zekinim’ which has its root in ‘zokayn’, Hebrew for ‘old’. I always took it for granted that ‘mezinek’ is a corruption of the above with the ‘n’ changing places with ‘k’. Is this normal in language development? And is it possible that the Ukrainian and Russian words cited in connection with ‘mezinek’ have their roots in the Hebrew? I also think that the image of the mezinek may have its origin in the above biblical story. Yosef and Binyomin, two children born to their old father, are given special treatment. Yosef gets a special shirt while Binyomin is never allowed out of sight. The whole story is built around Yosef being punished for behaving like a spoilt kid, a trait of a mezinek, Yankev’s reluctance to let Binyomin go and Yehuda’s intercession on behalf of his youngest brother. As regards the tradition of dancing with a broom, mentioned by Fay Lipshitz [6.223], the minheg is alive and dancing all over the world in frim communities. As the weddings have a mekhitse I only see the father dancing with the broom.”
Then there is this archived post from the respected hirhurim blog:
“According to Hankus Netsky, founder of the Klezmer Conservatory Band and professor of Jewish music at the New England Conservatory, the dance is a Ukrainian custom, brought to America by Ukrainian Jews“
and which went on further to note that
“And yet there is one puzzling thing about this, which is that while the mezinke tantz is said to be a traditional one, the lyrics and music of “Di Mezinke Oysgegebn” were written in the second half of the 19th century by the songwriter Mark Varshavsky, who also composed the much-beloved “Oyfn Pripetshik.” Is the dance not as old as it is thought to be? Or was it (as is more likely) performed to different music before “Di Mezinke Oysgegebn” was written? I would be curious to know.“
Let’s assume the “worst” scenario, namely, that it’s really derived from the Ukrainian Krenzel (Crown) dance, and that the words were Judaised by Mark Warshawsky. Interestingly, we see that despite the seeming secular origin, one of the correspondents on mendele gave testimony that the Mezinke was indeed practiced among “frim communities.”
I have played at all manner of wedding: from the most extreme chassidic to the most extreme secular. I don’t recall performing the Mezinke at a Chassidic wedding of any variety so it’s likely that it’s not part of the Chasidic panoply for weddings. That’s only a Melbournian observation though. The Chassidic weddings I play at are either the Hungarian variety where חדש אסור מן התורה or Chabad. I don’t have any reference to the Mezinke taking hold in Hungary. There are, of course, unique quirks belonging to Melbourne that are indeed derived from Poland, such as the singing of “Lo Mir Aleh”
although we don’t do it with the pomp or groove in the youtube above 🙂
Certainly the idea of a father and mother being seated on either the men’s or women’s side with the children (men and/or women) dancing around them and kissing their parents as they circumlocute is not something I’d expect to see at a Chassidic wedding, Chabad or otherwise. If anything, Chabad are stricter in that they don’t even have a tradition to do the controversial Mitzvah Tantz at the end of the evening, where the Rav and others dance with the כלה via a connecting Gartel, carefully avoiding a furtive glance at the כלה.
On the other hand, Litvaks or Misnagdim often encourage the bride to be brought into the men’s side so that the men may dance around her and be able to fulfill כיצד מרקדים לפני הכלה. My understanding is that Litvaks insist on this practice to be sure that they are מקיים a מצווה to be משמח the כלה and not just the חתן. Chabad doesn’t practice either of these two מנהגים. The most I have seen is the lifting of the כלה on a chair or table above the Mechitza at some stage.
Over the weekend I discussed this with a few people, and they affirmed that they had seen the Mezinke performed at frum weddings in the USA. Of course, I have seen this at centrist orthodox style weddings. I don’t have the time to conduct a proper exhaustive academic search revolving around the origins of the Mezinke, beyond what I quickly found and presented above. I have, however, emailed a number of world-renowned academics who I expect might know. At this stage, I think it is fair to say that there is no evidence to suggest that it is a(n old) Jewish מנהג.
What about the allegation that dancing the מיזינקע constitutes an act of חוקות העכום and is therefore prohibited? My feeling is that unless there is an explicit link between the מיזינקע and a ritual of עבודה זרה it is difficult for me to understand how this could be construed as חוקות העכום.
Tosfos in עובדה זרה י’א contend that one of two conditions need to hold in order for a custom to constitute חוקות העכום:
We don’t pasken like Tosfos, however, even if we did, one would need to illustrate that there is a link with perhaps Roman Catholicism or Pagan rite given a derivation from the Ukraine, or other form of idolatry if not these. I don’t think anyone considers the מיזינקע ceremony “foolish” with the possible exception of some Hungarian Charedim who consider anything derived from Goyim as foolish (unless one can make a dollar from it).
The רמ’א in יורה דעה קעח:א paskens like the מהרי’ק that as long as a custom
has no link with idolatry
has a reasonable explanation
it does not constitute חוקות העכום. Again, unless a link between the מיזינקע and idolatry is found, I cannot see how it can be considered חוקות העכום.
It is known that the Vilna Gaon יורה דעה קעח:ז is extreme with his definition of חוקות העכום to the extent that he argues with the רמ’א. According to the Gra one must show that a מנהג has explicit Jewish roots, otherwise it is always considered to be חוקות העכום (by default) and prohibited. I think I saw in the name of Rav Menashe Klein in his משנה הלכות that the Gra’s reasoning was that in the absence of alternative information, the Gra is concerned that there might be an etymology from idolatry and so the Gra is always prudent to be מחמיר. Rav Y. Y. Weinberg in the celebrated שרידי אש ג:צג lists those who disagree with the Gra. According to the Vilna Gaon the מיזינקע would seem to be אסור as we have no evidence that it was a מנהג ישראל מדור דור. From my experience, however, we don’t follow this opinion of the Gra in normative halachic practice.
There is perhaps one more consideration. What is the הלכה if there is a ceremony that is no longer in use by גוים? In other words, even if we assume or are concerned that a practice used to be performed as part of some idolatrous service (and there is no evidence to suggest this is the case with the מיזינקע) what does the הלכה say about such a practice in our day and age, when the practice is no longer performed by גוים. In other words, how can something be considered חוקות העכום if the practice no longer has anything to do with גוים! Additionally, the widely held opinion seems to be that the פסוק of ובחוקותיהם לא תלכו is parametrised around both space and time: if we live in a different time or different place where a מנהג or חוק is no longer practiced then the איסור doesn’t apply (see מנחת חינוך, רנא:א). It could well be argued that perhaps the only people in the world who now practice the מיזינקע are Jews, and as such, it should be considered completely מותר?
Disclaimer: I am not a Posek. All of this is simply me thinking out loud. Ask your posek, for an authoritative Psak.
In an article reprinted in Matzav.com, Rabbi Aryeh Ginzberg admirably goes to lengths to show how comments on articles on the internet can be so horribly insensitive. He is right. He then calls them “digital murder”. Rabbi Ginzberg is on the money when he notes that comments can be off and grossly insensitive. So what do I object to? After all, he’s urging people to be more sensitive and nice?
I don’t disagree with the notion of people displaying a more civil and generous tone when they address topics, but what has this to do with being “digital?”. I discern the spectre of a new ogre. Yes, that big bad internet is responsible for all this digital loshon hora and digital rechilus and proverbial digital murder.
Hello? This has little to do with the internet. If people make these comments on blogs they make them at home, at school, in the yeshivah or in the alley way. Is this the first time we have met people making snide remarks behind other people’s backs? It’s really about poor chinuch, fake chinuch, corrupt chinuch found in our “holy” schools and our “holy” homes. If we or our children are making insensitive remarks then it is deflective to focus on the vehicle that enables the promulgation of those remarks, as if in some way the vehicle might be (partly) responsible. The vehicle changes from generation to generation. The problem is ubiquitous.
Pen and Paper. Yes, they can be used to write chidushei torah but they can also be used to promulgate insensitive remarks and yes, even pornography. Ban the pen, ban the paper?
Telephones. Yes, they can be used to carry nice messages and blessings and Torah and all things good. They can also carry the worst loshon horah that can destroy someone’s life. Ban the phone?
And now we have the Internet. Well, the internet can be used as a kiddush hashem. Will we ever read about an askan or gadol praising the incredible harbotzas hatorah that has occurred because of the internet? I doubt it. People will just concentrate on the negative side and seek to ban it. This “digital murder” is another attempt to put a nail in the internet coffin. It won’t work.
The web is here to stay. We should worry about our children making such comments, not the type of paper they use.
PS. Starting a chabura in mussar is not the answer to this general problem. It’s about חינוך at an early stage and an example at home.
For many of you, this post is nothing new. Indeed, for me it should have been nothing new. Nonetheless, the incident shook me up. Yesterday I was about to get into my car in a street which has a sizeable number of Hungarian Haredi residents. From the distance, a boy on a bike called out, “Mr Balbin, Mr Balbin, do you remember me from xxx’s wedding? Do you still do weddings”. I waited till he and various other boys who were riding on their bikes approached. After apologising that I didn’t recognise him because I perform at many weddings and it’s hard for me to remember a single face in a crowd, we continued chatting amiably. There were 6 to 10 boys on their bikes in total. Their ages spanned (what looked to me to be) from 7 to 12 years of age. By now, each boy was staring at me. I asked each what type of chasid he was, expecting a range of responses. It turned out that they were all Satmar. We chatted and I informed them that I wasn’t a fan of Satmar ideology vis a vis the State of Israel and Satmar’s attitude towards people who were not yet frum. I explained that Hakadosh Baruch Hu had effectively paskened that the State of Israel is part of his plans and this is plain for all to see. I added that I don’t (at least I try not to) “hate” any Jews. I wasn’t quite ready for the outpouring of pre-canned volcanic hate that subsequently erupted, although I hear you saying that I was asking for it by daring to question their views.
I was informed (in rather yelling tones) that
the ציונים are Kofrim
the ציונים dig up kvaros to build hospitals
the ציונים caused the holocaust because they went against the Shalosh Sh’vuos
the ציונים should be hated not loved
and did I know Lubavitchers think their dead Rebbe is Moshiach (I think they brought this up because I said all Yidden should be loved)
Big deal, I hear you say. Haven’t you ever been to Meah Shearim or Williamsburg or “name a Satmar enclave”? This is Melbourne, though. Melbourne is/was unique. Even the Haredim are more tolerant of each other.
Where else in the world would you find a single Haredi Shule where Satmar, Belz, Viznitz, Slonim, you name it daven together? I always thought that Melbourne was different. I think it was different. It is quickly becoming no different, at least as far as these brainwashed boys is concerned.
I tried to tell them that
they should consider loving all Jews because all Jews were created B’Zelem Elokim (to which the response was “except the Zionim”)
there are people who question whether there are indeed Jewish graves being dug up, but more importantly there are authoritative Poskim who say that it’s okay to dig up and even if they disagree and their Poskim say that they shouldn’t, it’s no reason to “hate” and “carry on” against Yidden who are acting according to a written Psak Din
that the Shalosh Shvuos is widely held to be not L’Halacha but either way, I suggested that they acquaint themselves with the views of those who hold that the Shalosh Shvuos doesn’t apply and to “open their eyes”.
They looked at me like I was from planet mars, and asked me “where do you daven”. I saw this as a leading question. It would lead to the criticising of any Shule/community I davened with, as a means of discrediting anything that I said. This is how the ’thought’ processes worked. I told them that I daven “wherever people let me in”. That threw them off the track.
Perhaps what bothered me most was that the younger the kid, the more yelling took place about the ציונים. I asked myself where were they learning to espouse views with such a hatred and lack of tolerance? Is it at their School? Perhaps these kids are part of the so called new דברי אמונה school which has opened up because the local Haredi Adass school is no longer considered extreme enough. Is this what their Melamdim teach? Even if they hold these views, why are such views being inculcated at an age where they simply do not know enough to make head or tail of weighty issues? Are they being encouraged to speak like this at home? Perhaps. I do know that at least one of their parents refused to buy a blue and white havdala candle because it’s too much like the colours of ציונים. If a child is with their father in a store and hears that attitude, then of course plenty of unbridled hate must rub off.
Ironically, they asked me “if it wasn’t the ציונים then why did the holocaust happen” to which I answered וידום אהרּן. We were speaking throughout in Yiddish, and it was clear that they didn’t know what I was talking about. I retold them the story of Aaron’s sons, and Aaron’s reaction. I got into my car with their wide eyes following my every move. I couldn’t help but be overcome with genuine sadness. Is this חינוך? Was this the vision of R’ Yoel? Did R’ Yoel envision the creation of robotic, hate-filled, automata?
A little over a month ago, a number of rabbis signed onto a ban that forbade advertising on or otherwise working with the website VosIzNeias. This ban singled out one website without addressing other websites or public forums like newspapers or magazines. The singling out of a solitary website raises many questions, particularly when newspapers in the same community regularly publish arguably libelous stories and online discussion forums for the community are essentially unbounded by civility. Additionally, VosIzNeias has publicly stated that it has already raised its standards and is willing to do even more with rabbinic guidance, provided the same guidelines are applied to its competitors.
Bans of this nature are generally brought into fruition by activists and this one is attributed to a specific activist who seems to have business and political interests in this ban. He ignored VosIzNeias’ request to meet with the rabbis in order to explore ways to satisfy their concerns. With this ban, the activist is threatening the commercial viability of the VosIzNeias business.
We have now received reports of continued harassment by this activist, who is threatening to publicly denounce people, companies and charitable organizationswho continue to cooperate with the website. He has also reportedly threatened to remove the kosher certification of companies that fail to adhere to the ban. However, on being contacted, the activist behind the ban denied all knowledge of this harassment and attributed it to someone acting without authorization. We are, therefore, making no formal accusation as to who is conducting this campaign of harassment.
To the best of our understanding, this activity is illegal. One individual told us he reported that harassment to the police.
Harassing good people with threats is illegal and inexcusable. We call on rabbis and people of good faith to denounce this behavior, and we encourage victims to respond to this activist as follows:
If he calls or e-mails you or your organization, thank him for bringing the ban to your attention and say that you will decide how to proceed after consulting with your rabbi or other advisor. And because there are rumors that there is harassment involved in this matter, add that if he contacts you or anyone else in your organization again, you will have to report him to the police.
There is a copy of an e-mail forwarded by people involved, which includes a pseudonym and phone number, and we have been told of intimidating phone calls. Note that at this time we are withholding this activist’s identity. If he continues harassing people, we will have to be less discrete.
pitputim and other bloggers
(please sign your own name and post this to your blog if you agree)
In a previous post, I bemoaned the fact that Haredi anti-zionists who declared that the State of Israel and those who supported it were responsible חס ושלום for the Holocaust, hid behind a proverbial rock and were seemingly afraid to assert their views publicly. This was later buttressed by the observation that the video of Melbourne’s R’ Beck was pulled from the youtube site (although I have retained a copy for download). Many of us are uncomfortable stating our views publicly and unambiguously (where possible). I understand perfectly well that it’s not always wise to do so. I also accept that we are not always wise 🙂
Most of us are cognisant of the fact that it is challenging for a Hasid to consistently exist as part of a Hasidic framework without a (physical) Rebbe. With the tragic departure of a Rebbe to עולם האמת, there is a dearth of live Torah. There are no private audiences. The room is barren and the seat is void. The atmosphere spasmodically mourns the electric ambience that was. Assuredly, the memory lives on. The mission carries on and may presume a new strength and, of course, דוד מלך ישראל חי וקיים. Visits to a Kever
are harrowing and melancholic—some may even refuse the experience while others will be inveigled by proximity. Torah from a Rebbe is demoted to unpublished or hidden archives, new compilations, exercises in synthesis and newly organised anthologies of existing material. Those seeking essential counsel resort to second and third-best options, including the somewhat questionable practice of randomly opening volumes of old letters in order to seek the elusive advice to a new problem.
The sense of emptiness is not exclusively the domain of the Hasid, although one expects that reliance of a Hasid on their Rebbe is more amplified than the interdependence of the non-Hasid and their own רב המובהק. All Jews are distressed by a grim feeling of dislocation when a רב המובהק, a mentor, a guide and sage, travels to another world leaving an incontestable void
On several occasions, the Rav, a scion of Brisk, also gave testament to the importance of retaining an important Rabbinic figure as one’s guide, in keeping with the dictum of עשה לך רב. This phenomena is, of course, not new. Poignantly, the Rav added that even after the פטירה of one’s רב המובהק, it is paramount to attempt to envision what the רב המובהק might have advised. The Rav evinced the loneliness he succumbed to when his own guide(s) had passed on to another world. One of those apart from his father, was undoubtedly, the Gaon Rav Chaim Heller ז’ל.
See this 2007 link from Mississippi Fred McDowell’s great blog for more about Rav Heller. Both the Lubavitcher Rebbe and the Rav used to meet regularly at the home of Rav Chaim Heller in Berlin, but I digress.
When a Jew, Hasid or otherwise, has difficulty dealing with the loss of their mentor, there are perhaps three principal reactions:
Deny that the נפטר has passed onto another world; or
Accept that the נפטר had passed onto another world, but consider this phenomenon a temporary dislocation in the sense that the נפטר will return at the time of גאולה as part of the somewhat undefined process of redemption—תהליך הגאולה; or
Accept that the נפטר has passed onto another world and aspire to meet again with the advent of תחיית המתים, the resurrection of the dead.
Amongst Hasidim, the two groups who have not replaced their Rebbe and continue to flourish are Breslav and Lubavitch. Breslav is not a new phenomenon. Habad Lubavitch is comparatively new and its overt asssertion that the late and last Rebbe was the Mashiach to be, attracted much controversy.
We are led to believe that Habad is split between those who believe he is [still] Mashiach and those who do not. How many are in each camp? I feel that most Habadniks actively conceal their views. Why? Why do they not display the courage of their convictions? Why would they be ashamed to state their opinion on such a matter? Is it because they are not sure, or is it because they do not want this to be a known opinion because it may turn others off?
People who accept approach 1, above, constitute a group that I do not even begin to comprehend. Some would suggest that this group would benefit from psychiatric therapy. Let’s put them to one side.
Approach 2, in my estimation, encapsulates some 95% of Habadniks whilst the remaining 5% associate with approach 3. These are just my feelings. They are not supported by statistics. They cannot be supported by statistics given that Hasidim are reluctant to state their views unambiguously and on the record.
Within approach 2, though, I assert there are 3 nuances:
The Rebbe will come back as the Moshiach and it is impossible for anyone else to be Moshiach since the Rebbe is the Nosi HaDor and the Dor HaShvii (I don’t know the definition of Dor, but no matter).
The Rebbe may come back as Moshiach. He is also likely to, but it is not certain. הקב’ה may decide that Moshiach is someone other than the last Rebbe.
The Rebbe is not Moshiach, but he will greet Moshiach, resurrected, together with other great figures of Judaism.
I posit that most Habadniks subscribe to nuanced position number 1. Nuanced position number 1 is also most attuned and consistent with the chanting of יחי אדונינו וכו
Let’s consider the difficulty in eliciting clear statements of conviction by looking at my own stomping ground, the Yeshivah Center in Melbourne. Where does the Yeshivah Center stand? It is a matter of interpretation. In my opinion, most in the Center do not have the courage to express their convictions publically. Instead, they camouflage behind the bold יחי sign hanging at the back of the main shule and allow this to passively stand testament to their views. Why should this be an issue captured by a sign?
It has always been policy to never disenfranchise people by having the courage of one’s convictions to state one’s views on non halachic matters where those views may not be accepted. There are things that are only said in whispered tones amongst אנשי שלומינו (i.e. card carrying Hasidei Habad) and things which are concealed from עמך—the rest of us.
A good example is the tendency to add the following words to the bottom of a wedding invitation or other appropriate announcements:
ונזכה זען זיך מיט’ן רבי’ן דא למטה אין א גוף ולמטה מעשרה טפחים והוא יגאלינו
Have a close look next time you get a wedding invitation with these words on them. Do they appear in the English text as well? Why not?
Consider these anachronisms as support for my thesis that as long as nobody is looking they will express the courage of their convictions:
The boys’ school casts a blind eye to the daily chanting of יחי, three time after the obligatory היום יום. This chanting would seem to me to be diametrically opposed to the psak of Rabbi Groner ז’ל. Transparent games are being played when it is claimed that “it’s not the main shule” or it’s “not an “official” minyan of the school“. Of course, both of these propositions are just fallacious deflections.
The boys’ school has a יחי sign in the Mesivta room proper. Did Rabbi Groner allow two signs? When? I heard his psak with my own ears.
At Chabad Youth Camps, יחי is chanted not once but three times a day, after שחרית מנחה and מעריב. When asked about this, the response is that “it’s not official policy“. Sure thing! Can we expect spontaneous tolerance for the singing of התקוה three times a day as well?
Each שבת during the time of סעודה שלישית young budding chassidic boys sing traditional and haunting melodies which serve as a great source of inspiration. I used to experience this myself as a boy and fondly remember singing beautiful niggunim בצוותא. And now? The words of יחי are cleverly overlaid onto various traditional niggunim. This is the new התקשרות
On a Friday night, when the Rosh Yeshivah of Yeshivah Gedola is not in attendance the בחורים, sing יחי. When he is there, they won’t. Does the Rosh Yeshivah not know what goes on? Is there an innate tension in the air?
New reprints of older publications fail to remove שליט’א even when it’s obvious it’s not a simple reprint of a שיחה. Indeed, one recent publication for י שבט listed the period of each Rebbe’s “reign” or נשיאות. Unsurprisingly, the last Rebbe did not have an end date nor was the ubiquitous שליט’א elided.
How many parents put יחי yarmulkas on their children, but don’t have the fortitude to wear them themselves.
I’m not one of those, like Professor David Berger, who allegedly contends that the יחי chanters are idolators or apikorsim and Chabad should be marginalised as a result. I’ve read Rabbi Berger’s book and I don’t find many of the arguments compelling. The chanting of יחי does bother me—it bothers me to a great extent. I know, though, there is nothing I can do about it except present my views. I know those views are largely ignored and inconsequential.
What I have difficulty with, though, is the pretence. Let’s call a spade a spade. The Yeshivah should come out openly and either say they support the saying of יחי as per nuance 1, or outlaw it across the organisation. If they wanted to outlaw it, they could. They hold the purse strings and salaries of many in the organisation.
Have the courage of your convictions. Pull out those yellow flags and wave them with gay abandon?
In his youth, the Rav lived in Khaslavich, White Russia, where his father R’ Moshe was Rav.
Most of the inhabitants of the town were impoverished Hassidim of Habad. There is a well-known story about the Rav and his Melamed, the (Habad) Hasid Reb Baruch Yaakov Reisberg ז’ל. The Melamed should have taught the Rav, Baba Metzia. Instead, the melamed was secretly teaching the Rav and other תנוקות של בית רבן, Sefer HaTanya, by the Alter Rebbe of Habad. Consequently, the Rav apparently could recite pages of Tanya by heart. When R’ Moshe brought the Rav to visit his illustrious grandfather, R’ Chaim in Brisk, R’ Chaim noticed that his grandson wasn’t as knowledgeable as he ought to have been in Talmudic studies. To quote the prose of the Rav’s eloquent son-in-law, Rav Aaron Lichtenstein שליט’א (see Tradition 30:4, p. 194)
“For the better part of a year, young Soloveitchik’s Talmudic progress was impeded while the study of Tanya accompanied by enthralling stories of Hasidic lore proceeded merrily apace. While Rav Moshe was somewhat slow to detect the tre state of affairs, his wife — herself the learned daughter of an outstanding rabbinic scholar — was more perceptive. Detecting the slow rate of growth in her son’s Talmudic knowledge, she prodded Rav Moshe to remedy the situation. Failng to obtain proper satisfaction, she finally complained to Rav Haym and upon the family’s next visit to Brisk, the budding scholar was duly examined and found wanting. The result was that Rav Haym recommended that Rav Moshe henceforth take personal charge of his son’s Talmudic education, and it was from that day that the period of rigorous mutual study dated.”
I have read and re-read this story many times in different books. On Motzei Shabbos, I was alerted to an article commemorating the 70th Yahr Tzeit of R’ Moshe Soloveitchik. The article appeared in shturem.net an Israeli Chabad news website. In among the article the story above is retold only this time it is a new version of the same story:
מהעורך, הרה”ח ר’ אהרון דב הלפרין שי’, שמעתי בזמנו סיפור מעניין שסיפר לו הרב חדקוב ע”ה, בשם בנו הגדול, ממלא מקומו, הגרי”ד סולוביצ’יק מבוסטון זצ”ל; סיפור אשר היו מעורבים בו גם הסבא ר’ חיים מבריסק, גם האבא ר’ משה, וגם הנכד עצמו, כמובן, מספר הסיפור. היה זה בחודש טבת תשכ”ז, כשנפטרה אמו של הגרי”ד סולוביצ’יק מבוסטון, והרבי זי”ע שלח משלחת נכבדה לנחמו, כשבראש המשלחת עמד המזכיר הנודע החסיד הרב חיים-מרדכי-אייזיק חדקוב ע”ה.
המשלחת ישבה אצל הגרי”ד סולובייצ’יק שעה ארוכה, ותוך כדי הדברים הוא סיפר להם כדלהלן: “כשהייתי ילד, אבי כיהן כרבה של חאסלאוויטש שהיתה ברובה עיירה חב”דית. באחת השנים, המלמד בחדר היה יהודי נכבד חסיד חב”ד, תלמיד-חכם. המלמד, ‘גנב’ מפעם לפעם מהזמן שהיה עליו ללמד גמרא ולימד תניא וגם סיפר סיפורים חסידיים. איך שהוא הדבר נודע לאבי, והוא לא שבע רצון מכך. בהזדמנות, כשביקרנו בבריסק אצל הסבא [ר’ חיים], סיפר לו אבא את אשר אירע. הסבא גער בי ואמר שזה לא טוב מה שאני עושה וכי צריך ללמוד כל הזמן עם המלמד רק גמרא. אחר-כך רמז הסבא לאבי שהוא רוצה להישאר בחדר לבד רק איתי.
כשאבא יצא מהחדר, אמר לי הסבא ר’ חיים: “תשמע טוב מה שאני אומר לך: תמשיך ללמוד עם המלמד שלך תניא. אתה עוד תזדקק לזה מאוד!”…
“כעת אתם מבינים” – אמר הגרי”ד בחיוך לחברי המשלחת בראשות הרב חדקוב – “מה זה ‘חכם עדיף מנביא’?”…
In summary, some Hasidei Habad were sent to the Rav represent the Rebbe and perform the Mitzvah of Nichum Avelim, after the Rav’s mother passed away. The Hassidim were with the Rav for an hour. The head of the group was the Rebbe’s secretary, Rabbi Hodakov. Rabbi Hodakov allegedly retold a version of the story that the Rav had allegedly said to Rabbi Hodakov at the Shiva. This version was relayed from Rabbi Hodakov by R’ Aaron Dov Halperin ‘שי. In this new version, R’ Chaim Brisker privately told the Rav that he should continue learning Tanya since he (the Rav) would need to draw from the Tanya later on his life. The Rav apparently used this story to illustrate that חכם (R’ Chaim Brisker) עדיף מנביא.
I have to say that I was surprised to read this allegedly new version. I do not understand how or why this version, if true, didn’t come to light while both the Rav and the Rebbe were still בעלמא הדיין. If this version is true, surely Habad would have wanted this particular version to be known. Would the Rav have been embarrassed by it? I doubt it. The Rav was seemingly never embarrassed by his past connection with Habad. Indeed, he gave a shiur in the Alter Rebbe’s לקוטי תורה in Boston for some time. One would have to also conclude that the Rav never told anyone in his own family about this version of the story or that he did tell them and they concealed it; most unlikely.
This new version smells fishy to me. Can anyone shed some light?
People do not agree. This is a fact of life. There are, and always will be, emotive issues which evoke strong disagreement. Sometimes the disagreement can result in feelings of aggression even hate between antagonists. Jews are no different. If anything, because there are many issues of substance lingering around our Daled Amos, there is perhaps more opportunity, perhaps even propensity, to viscerally agree to disagree.
Two recent examples of differing approaches to courage and expressing the truth of one’s convictions confronted me this week. The first involved Rav Dov Lior, Chief Rabbi of Kiryat Arba and Hevron, and Rosh Yeshiva and head of the Rabbinic Council for Judea and Samaria. Rav Lior is considered to be a star pupil of Rav Tzvi Yehuda HaCohen Kook, z”l, and one of the brightest among Gush Emunim style adherents of the concept of a greater Israel. Born into a Belzer family and subsequently orphaned, Rav Lior was touted as an Illuy even amongst the Charedi population of the State of Israel. Rav Lior and others gave their Haskama to a book which was considered to be “inciting” by the police and other authorities. Refusing to back down, Rav Lior is now likely to be arrested. Rav Lior claims that the arrest warrant interferes with his right to offer religious approbation to a book related to Torah thoughts and principles.
You can agree or disagree with Rav Lior, but you will never die wondering what his views are on a particular topic. He says it like it is, and his views are like he says. There is no diplomatic licence employed to bury his thoughts or camouflage his principles for fear of a physical or financial backlash. Rav Lior, his supporters and students, do not cower underneath rocks like proverbial green moss, afraid of the consequential glare of sunlight. Rav Lior subscribes to a philosophy that sees the hand of God in the creation of the State of Israel.
Diametrically opposed to his views are those who endorse the position of the late Rebbe of Satmer, Rav Yoel Teitelbaum z”l. Rav Teitelbaum held that the primary (perhaps only) reason for the Holocaust was God’s “retribution” against the actions of zionists who dared transgress the 3 oaths. These views, largely held by the Hungarian charedi population, are considered utterly abhorrent by many. It is simply beyond comprehension to fathom the concept of 6 million Jews murdered, gassed and burned and amongst them תנוקות של בית רבן who were hurled against walls to have their skulls fractured, all because God was angry that they dared defy British anti-semites and seek to re-inhabit ארץ אבותינו. Whatever the case may be, we know where the Satmer Rebbe stood on this issue in the same way that we know the views of people like the Neturei Karta’s R’ Moshe Beck.
In summary, one will not die wondering what Rav Dov Lior or להבדיל R’ Moshe Beck’s views on issues are. They have the courage of their convictions to openly state their opinions. Fast forward now to the following video of a local identity, the brother of R’ Moshe Beck, Rav A. Z. Beck, the Hungarian Rabbinic leader of a separatist Haredi group in Melbourne.
It seems the video above was removed from youtube. In some sense that says plenty. Those of you who wish to see the video, may download it
What are their views? Do they think Hitler and the SS were sent by Hashem because of the Zionists and their rebellion against the Shalosh Shavuos? Is this the view of that community as a whole? To be sure, there are exceptions, but is this the mainstream view? Do they contend that since most Jews in Melbourne consider themselves Zionist or pro State of Israel that these Jews are all Kofrim (apostates)? Is it permitted to engage in business with regular Jews in Melbourne, or is there some blanket overarching permission when it comes to making money? It is alleged that the Melbourne Rav Beck distanced himself from his brother. To what extent? Is it only the fact that the brother openly states his opinions and demonstrates the courage of his convictions? Is it only because the Monsey brother kissed Ahmadinajad ימח שמו? Is what is said in private also said in public?
Some of you would have read that there has been calamitous flooding in parts of Northern Australia (Queensland). The tail end of some of that activity reached Melbourne on Friday. Of course, such events always occur either on Shabbos or 2 minutes before Shabbos comes in. It’s like the injuries that people seem to find; those last-minute emergencies couldn’t have occurred 2 hours before Shabbos, they have a way of happening 2 nanosecondsinto Shabbos. Hakadosh Baruch Hu seems to have an unnatural sense of humour כביכול and wants to make sure the Torah is always relevant and that we have to wrestle with Hilchos Shabbos together with all its consequent complexity.
We had an honoured guest on Friday Night, and as Shabbos dared impose itself on the torrential downpour, we realised we’d be sitting under the sole illumination of the Shabbos licht, once the electricity flickered and departed.
The electricity returned about 1.5 hours into the meal. My wife usually transfers the soup pot from the flame into the oven just before shabbos. This meant that given the “ovenly” insulation, her delicious lockshen mit yoech were not cold.
We started to wonder about food that would subsequently be “warmed up” once the electricity came back on when I was informed of an incident that had occurred the previous week. At a family lunch after the Aufruf of my cousin, a fuse decided to fail thereby endangering the obligatory Glezele Teh following lunch. At worst there would be no glezele and at best it would be rendered a tepid taciturn excuse for a hot drink. The lunch was formally catered under the supervision of the hungarian charedi establishment in Melbourne. There were ample goyim to enlist should that have been deemed appropriate. The mashgiach was a young unmarried man, no doubt a Yorei Shomayim, but I am not sure whether he had come across or been trained to address this situation before. I had already gone home, so I don’t know if the caterer himself was still there. The caterer would undoubtedly have come across this issue in the past and would have discussed it with the Rav Hamachshir of the Hungarian Charedim, Rabbi A. Z. Beck, Shlita.
It seems (I haven’t been able to ascertain whether this is precisely what happened) that a goy was enlisted to save the urn by flicking the fuse switch. Subsequently, it was ruled (I assume through the authority of the mashgiach), much to the chagrin of those pining for a Gloos Tay, that the Urn could no longer be used, and that no tea of coffee would be available.
I had a few simchas to perform for during the week (ברוך השם) and coupled to my day job, you can well imagine that by the time our Friday Night Seuda was over, I was snoozing ever so comfortably with my Neshoma Yeseira. On Shabbos morning I began looking to see if the urn sheyla had been addressed in the halacha seforim. Eventually, I did find it in ספר מאור השבת in חלק א at the back in the letters to R’ Shlomo Zalman Auerbach z”lwhere the author, Rav Yadler, had asked a similar question to R’ Shlomo Zalman.
In a short response, R’ Shlomo Zalman wrote that if a Goy was asked about the fuse and he understood to flick the switch so that (in the Goy’s mind) a range of appliances (eg lights) would come on, then as long as the Goy was not specifically doing it for the purposes of the urn (food) and the re-ignition of the urn was simply a side-effect, it would be permitted to benefit from the hot water of the urn. On the other hand, if the fuse was tripped and panic set in and the goy was effectively asked to fix the fuse so that the urn would go back on (very likely if the goy was in the room hearing all the commotion) then according to R’ Shlomo Zalman, in the latter case it would then be forbidden to benefit from the Melacha of the Goy.
Of course, this doesn’t factor in if we say יש בישול אחר בישול with a דבר לח even if נצטנן לגמרי for which there are some Rishonim who are lenient but whose Halacha we don’t follow. It also doesn’t factor in if there was a need for hot water for a חולה שיש בו סכנה in the form of a young baby, etc.
Anyway, I thought it was interesting. Your thoughts? Mekoros?
Like me, I’d imagine that many readers have found themselves at a Simcha of some sort, where the בעל שמחה directs that a letter conveying blessings (מכתב ברכה) is read at a pre-determined moment. I’ve only seen this at Chabad Simchas; perhaps it happens elsewhere. Of course, the so called letter, today, is not real in the sense that it was written to the בעל שמחה by a living person, כמלא המובן. That is not the issue, however, that I’d like to discuss here. Let’s rewind the clock to the days when the Lubavitcher Rebbe ז’ל was in good health and the בעל שמחה had received a personal מכתב ברכה.
What happens, in my experience, is that all those present at the Simcha are requested to stand as a measure of respect. Someone is then chosen (it is considered a כיבוד) to read the letter and (usually) translate it. The person who reads the letter will generally don a hat and jacket, and will often gird himself with a Gartel. I surmise that this is because they see the ברכה from a Rebbe as being on par with the formal utterance of a תפילה, for which they would also normally be attired with hat, jacket and (once married) gartel.
What about the rest of us? How should we relate to this phenomenon? Is it like להבדיל when people are asked to stand for the national anthem at a Simcha? What occurs when we hear the audio of the Torah/Bracha of a great Rav, or even see the video of the same? Do we also stand? In my experience, we do not stand. Indeed, after the last Rebbe of Chabad passed away,many Chabad Shules play videos of the Lubavitcher Rebbe, immediately after Havdala. I am happy to stand corrected, but I haven’t seen too many people standing at attention throughout the presentation of such videos. So, it can’t be the mere fact that a Bracha is heard or a Rebbe is seen. There is more to it than that. Why is it different at a Simcha?
I postulate that the person reading the letter is a quasi-shaliach of the (Lubavitcher) Rebbe, and, as such, since שלוחו של אדם כמותו, they perceive a level of holiness in delivering a message and dress appropriately. Those who hear the message imagine that the (Lubavitcher) Rebbe himself is standing there and delivering the ברכה to the בעל שמחה.
It might then be considered rude then for others to choose not to stand at such a time if they are specifically requested to stand. One could, of course, argue that now that things have changed, and the ברכה is no longer explicitly written for the purposes of the particular שמחה and בעל שמחה that by standing one is perpetuating denial, at best. Some might argue that one should davka sit to make this point and attempt to cajole people into accepting a reality that they are understandably uncomfortable with.
I have always had a different issue. Not for any reason of present צדקות but simply because it’s a הנהגה that I accepted בימי חרפי when I was learning in Israel, I stand during קריאת התורה. Yes, it’s a חומרה and doesn’t match what I’ve become since those days, but I digress. I wonder, then, how could it be that those people who don’t stand during קריאת התורה do stand during the reading of a מכתב ברכה?
The גמרא in :מכות כב says אמר רבא כמה טפשאי שאר אינשי דקיימי מקמי ספר תורה ולא קיימי מקמי גברא רבה. The message from that Gemora is that there are silly people who stand for a Sefer Torah but don’t stand for a great person (Talmid Chacham). The Beis Halevi in his introduction to his Tshuvos, הקדמה לשו”ת בית הלוי states דהת”ח לא הוי בבחינת תשמיש קדושה רק בבחינת עצם הקדושה
In the words of the Beis Halevi, certainly not a Chassid, the Talmid Chacham is to be considered Kedusha personified. I imagine that this perhaps explains why there is a specific mitzvah to stand in the presence of a Talmid Chacham in the same way that one would stand in front of a Sefer Torah. It is true that a Talmid Chacham can be Mochel on that Kavod and tell you not to stand for him, and there is no such concept of Mechila for the honour of a Sefer Torah, but that is parenthetical.
An explanation then is perhaps that when a Chassid reads/hears a letter and then “sees” his Rebbe, he or she stands in the “presence” of their Rebbe, כביכול.
I wonder then whether it might also be proper to stand for קריאת התורה on this basis. At least one should be able to see (the original) Moshe Rabenu in front of one’s eyes, transmitting Hashem’s word, and standing thereby accordingly?
Melbourne, Australia became home to many Polish Jews after World War 2. According to some, the number of Polish Jewish refugees who landed on Melbourne’s shores, was second only to the State of Israel. What נוסח did they or their parents daven at home? Regrettably, it’s probably too late to answer this question accurately. To be sure, most such Jews were religiously estranged and caught between feelings of disbelief that Hashem’s world did co-exist with a devastating Holocaust designed to wipe out our and their loved ones, and feelings of benign thanks for the fact that they had been spared and survived. In among these competing and contradictory feelings, the Polish Jewish survivor, in the main, maintained their connection with organised Jewish prayer. In the least this was manifested by attendance at Yizkor services, Yom Kippur and Rosh Hashana.
For most of my formative years, I sat among this harrowed and harrowing older generation of Polish Jews at Elwood Shule in Melbourne. Rabbi Chaim Gutnick
was the shepherd to that flock of Holocaust survivors. This is etched indelibly into my psyche and looms as a pervasive shadow tracking many of my thoughts and actions.
After returning from learning in Israel, I became accustomed to engaging in conversation with many of the survivors. They, of course, were only too happy to regale with stories of their Yichus—how holy their Zeyda/Booba or Tatte/Mama was.
Melbourne’s established Shules, derived from Anglo communities all davened נוסח אשכנז. I had suspected that many, if not the majority, of the survivors, however, had davened נוסח ספרד at home. Yet, they had seemingly quietly accepted נוסח אשכנז as “close enough” and didn’t make a fuss. There were one or two shules that were exceptions to this rule and there were “celebrated” splits or machlokesin over the choice of נוסח. For example, Mizrachi Shule, under Rav Abaranok z”l, used to allow either נוסח depending on who occupied (forcefully or otherwise) the Amud. This was based on a personal psak to Rav Abaranok by R’ Moshe Feinstein z”l. I remember Rav Abaranok telling me that Reb Moshe had told him that it was better that there were no fights and a mixed up נוסח, rather than ongoing fighting and an unaccepted נוסח. Rav Abaranok, of course, was Eidel. A Musmach of the Chafetz Chaim was never going to co-exist with Machlokes. It was anathema to Rav Abaranok, which is why his legacy and his memory is universally acclaimed across Melbourne, by all types, to this day.
Returning to Elwood Shule, I used to approach the different mispallelim and ask a simple question (in Yiddish)
“what did you say at home “כתר or נעריצך?”
I found that probably 7 out of 10 said כתר. My father also said כתר in his home town of Rawa Mazowiecka, but at Elwood Shule he just davened the נוסח of the Shule. Many children mistakenly assumed that their family tradition was to actually daven אשכנז. In reality, my experience based on the Elwood microcosm (which may well also be a statistically sound sample) was that the majority actually derived from families that davened נוסח ספרד. This was yet another example (at least in my mind) of the peripheral damage to Mesorah that had been caused largely by the dislocation due to the Holocaust. I wasn’t ever going to buy into it, as it would be a capitulation to the damage caused by the tyrant, yimach shemo vezichro. שמע בני מוסר אביך ואל תיטוש תורת אימך
As an aside, I sometimes played a little game during Kedusha. If I started saying כתר audibly, I found many of the older survivors around me automatically said כתר as well. It was an exercise in pavlovian reactivity, as if to prove to myself that I had discovered some recessed mesora and was responsible for bringing it out to the open once more. But what is the Halacha? What should you say in קדושה if you daven a different נוסח to the ציבור?
We know that if one is the Chazan in a Shule that davens a different נוסח to one’s own, that you should adopt the נוסח of the Shule. During the year after the Rav lost his father Reb Moshe Soloveitchik z”l, the Rav paid one visit to the Rayatz z”l of Lubavitch. After they had completed their meeting, they went into the Lubavitch Beis Medrash to daven Mincha. The Rav, being a chiyuv, went to the Amud to act as שליח ציבור. Just prior, the Rayatz “reminded” the Rav that even though the Rav followed the customs of the Vilna Gaon, that he had to say the loud Shmoneh Esre, Al pi Nusach Ari (the version of Ari that Chabad uses). The Rav immediately replied that the Gaon’s talmidim, such as the Peas Hashulchan and R’ Chaim Volozhiner testified that this was also the Psak of the Vilna Gaon, and so the Rayatz had nothing to worry about 🙂
So, if you find yourself in, say, an אשכנז Shule, and you daven נוסח ספרד, are you permitted to audibly answer כתר in Musaf Kedusha and not נעריצך? Should you say נעריצך like the ציבור? Should you say כתר but do so quietly? May you blurt out כתר even though everyone is saying נעריצך? This question was addressed by Reb Moshe Feinstein in Igros Moshe (Orach Chaim 2:23) where he paskened that one should say exactly what the Chazan says, in responsive Kedusha. So that if the Chazan/ציבור says נעריצך it would be wrong to blurt out כתר. Reb Moshe’s reasoning is that since it is a Davar Shebikdusha that has to be said with a minyan, and since the minyan or the ציבור daven נוסח אשכנז, the real Chiyuv to say the Kedusha only comes about because of the ציבור entity and since the ציבור is effectively formed or composed of נוסח אשכנז, he should also only say his Kedusha in the same נוסח as the enabling entity. If he said it in נוסח ספרד, for instance, then according to Reb Moshe, he would not be entitled Lechatchila to say that version of Kedusha because that version of Kedusha didn’t derive from the ציבור entity, and is therefore illegitimately assumed to have been “born” into existence as a manifestation of that ציבור. This opinion of Reb Moshe was preceded by the שבילי דוד (Siman 125) in a Pirush on Orach Chaim (cited by Rav Ovadya Yosef) from the 19th Century, whose opinion is identical to Reb Moshe.
On the other hand, Rav Ovadya Yosef, in Yechave Daas (3:6) in discussing a question about נוסח אחיד in the long footnote on page 22 (in my edition) agrees that it is not proper to say a different קדושה to that of the ציבור. However, Rav Ovadya parameterises קדושה into two components: its textual essence and its pre-amble. According to Rav Ovadya, the essence of Kedusha is the same across all נוסחאות. It comprises of the פסוקים of קדוש and ברוך (and according to some, also ימלוך). Accordingly, he argues that only the essence is enabled by the ציבור and the pre-ambles are just that—a pre-amble. Rav Ovadya adduces proof for this argument by observing that someone who has to interrupt his Tefilla (eg during ברכות קריאת שמע) to answer קדושה is only permitted to interrupt using the bare minimum of קדושה. That is, he is permitted to recite the essence (as above) but not the pre-amble. Why? Because the pre-amble (such as כתר or נקדישך) is exactly that. It isn’t really the קדושה per se. Therefore, according to Rav Ovadya, one is entitled to feel free to say כתר while the rest of the קהל are saying נקדישך because the pre-amble doesn’t derive its legitimacy from the ציבור
Rav Moshe in his Tshuva (cited above) also notes the difference between the pre-amble and the actual קדושה but he is of the opinion that the pre-amble is linked to the real קדושה and is only said because of the קדושה and is what we answer (albeit prior) to what the Chazan says. Accordingly, it isn’t “שייך” to use a different נוסח to the ציבור.
In Divrei Harav, Rav Schachter Shlita relates in the name of Rabbi N. Turk of Miami (who was an aide to the Rav for many years) that the Rav did not agree with Reb Moshe and that the Rav felt that one was entitled to say the pre-amble in whatever נוסח was the Mesorah. I do not know, however, if the Rav’s reasoning was like that of Rav Ovadya.
Australia is a relatively young country. To define its unique identity or examples of cultural specificity is difficult. The shared history is really only shared among white Anglo Saxons and of course indigenous aboriginals, whose culture has been traumatised by the incursion of the white man. Migrants, and this includes Jews (mainly from Poland) after World War 2, did not share that history.
How do you create an identity without a real shared history. One approach is to enforce the study of Australian History into each school class. Creating an awareness of history, though, is not a substitute for sharing in that history. The collective history of Australians in terms of the shared experience is actually a conglomeration of individual histories tied to original home lands.
Assimilation of the various groups of immigrants is seen as a good thing by those who share the proposition that unbundling past attachment will cause a fusion of the various parts, thereby melding into a new whole. Proponents of multiculturalism often feel that a keen respect for difference attained by respecting and experiencing other cultures will offer the glue that keeps the disparate parts in harmony. Even those who can be termed pro-multiculturalism, predict that over time, osmosis induced by a “next” generation will mean that a natural cohesion will potentiate. Respect for difference affords the best chance for the cultural glue to set.
In this week’s Parsha of Yisro, the Torah tells us: ואתם תהיו לי ממלכת כהנים וגוי קדוש
What is the meaning of the word גוי. We say אתה אחד ושמך אחד, ומי כעמך ישראל גוי אחד בארץ and this associates the idea of unity juxtaposed with the word גוי. The Jew is enjoined to share a certain bond of unity with their people. What is the nature of this bond in the context גוי. We see that Jews are also called (among other things) an עדה. The terminology עדת ישראל is also well established. גוי is normally translated as “nation” or “people” whereas עדה is normally translated as congregation. The root of the word עדה is עד — testimony. The interrelationship between the people comprising the עדה is their join testimony. This testimony is the witnessing and participation of the
creation of the world
going out of Egypt
receiving the Torah
entering the promised land
the worship during the reign of two temples
the promise of future redemption beginning with the coming of the Mashiach.
There are those who are not as religiously inclined and for whom the concept of redemption is a distant memory of great grandparents. They do not (currently) recognise or feel part of this joint testimony, a testimony which intersects with our formation as a people and its final redemption as a people. Those who are distant from this vision are not and would not consider themselves part of the philosophically attuned Edah—congregation. They are, however, part of a גוי, the nation of Israel. The Rav explains that there need not be a common philosophical agglutinant to be considered and feel a member of the גוי component of Jews. What then binds the group into an Goy is the experience of its common history. We have all saw the fact that the anti-Semite targets the גוי. The anti-Semite makes no difference between Charedi, Mapay, Mapam, Left wing, Right Wing, Bundist or Agnostic Jew. The fact that one has experienced the chain of joint persecution as evinced by the phrase עם לבדד ישכון means that they are irrefutably conjoined with their people.
A Goy entity can get together and deal with common issues that are not in the realm of the Edah. They can rally against anti-Semitism. They may remember recent cataclysmic events or celebrate such. They will form networks for social justice and welfare and seek to morph into a light for the nations.
This ideal is one which multiculturalists would like to see as the bedrock of a nation such as Australia. It is achievable as long as there are common causes to grieve over (such as the Bali bombings) or to exalt over (such as Australia performing well in the Olympic games etc). Multiculturalism inevitably ideally leads to the formation of a nation—the Goy.
In this Parsha of Yisro, Hashem tells us that this is not enough. He wants us to be וגוי קדוש. Holiness, or Kedusha, is by definition derived from a Godly experience. This is the experience of the עד — the Jew who carries and believes the testimony of their grandparents and great grandparents and seeks to evince the Kedusha thereby and leading inexorably to the final redemption in our day.
Lehavdil, neither assimilation nor multiculturalism will lead Australia to be a גוי קדוש in the form of an עדה. This can only come through a joint historiology developed over many years. But Australia, like most Western Societies has a level of division between the State a Religion and so the aim ultimately is to be a גוי sharing a common concern and identity rather than an עדה.
In a post at Matzav.com, Rabbi Adlerstein seemingly bemoans a new trend whereby Rabbis seek to garner support for their opinion on brain stem death vis-a-vis organ transplants. He argues, cogently, that rather than seeking to gain popular votes for their views, those Rabbis who oppose the RCA’s published position would do better if they presented a learned halakhic discourse to counter the views of the RCA (and indeed other Poskim).
Whilst his point is well made, I can’t help but ask why Rabbi Adlerstein doesn’t equally speak out against all those who keep advising us that we have to follow a Psak on item X, because the “Gedolim” follow that Psak and it alone is Daas Torah.
Let me take a recent example: that of fish worms. Whilst Rabbi Adlerstein has noted elsewhere that this issue is indeed a matter of halakhic debate, I have not seen him or others emerge and criticise the myriad of posters and opinion-machers who decry those who follow the so-called lenient view (eg that of Rabbi Belsky) that such worms pose no problem. Despite Rabbi Belsky satisfying the criteria of Rabbi Adlerstein in publishing his views in a halakhic discourse, we don’t find Rabbi Adlerstein condemn the populist pressure applied by the right which seeks to disenfranchise and delegitimise all those who follow so-called lenient views, irrespective of whether those views do include and are buttressed by a published halakhic stance.
What is the difference between so-called left-wing Rabbis suggesting that people follow the views of say Rabbi Tendler, an approach that Rabbi Adlerstein decries, and that of right-wing Rabbis and Askonim who seek to actively squash all opinions which are to the left of theirs (as in Anisakis worms) despite the fact that יש להם על מה לסמוך?
Why is this populist style pressure bad if it emanates from left wing Rabbis, but it’s perfectly okay if it comes from right wing Rabbis?
The ready-made access to Sforim means that a student of Torah is able to muster sources which are relevant to a particular Halachic issue at will. Whether it is through Bar Ilan’s excellent resource, hebrewbooks.org, or plain google/bing searches, those who have the will may well find a way through the halachic maze. There are many “ask the Rabbi” style websites, ranging from the askmoses variety, through to wesbsites featuring personalities such as Rav Aviner and Rav Ovadya, to kollelim with a halachic branch whose members are ready and able to respond to curly questions. There are a range of online mailing lists, of open and closed variety that one can approach and thereby interact with people , past psokim and mekoros related to the question at hand. There are also the encyclopaedic style Nitei Gavriel seforim or specialist seforim devoted to just one area of halacha in a compendium.
Clearly, the concept of “your local orthodox Rabbi” is important. To answer a halachic question, the context of the questioner is often critical. A Posek may issue a different answer to the same question depending on who the questioner is and their particular context. This aspect is often lost on those who read quotes ascribed to various Poskim.
Whereas in the past, Psokim have exclusively been published L’Halacha and U’LeMa’aseh, in learned responsa, we now have exposure, in both English and Hebrew, to what I would call halachic surveys. Rabbi Bleich of YU may have been one of the earliest to publish regular quality reviews of recent halachic responsa. The Rabanut also has publications devoted to this purpose. Everyone is acquainted with articles in Tradition of a halachic variety and the RJJ journal and more.
It seems to me that whilst ready made access is a great thing, it may also induce a dangerous sciolism where para-students convince themselves that they can research and pasken. They may feel that they can use such resources to be Medameh Milsa LeMilsa or to ascribe a Mesora or find a Tana D’M’Sayeyah.
To be sure, aspects of pure ritual, even complex ones, may be dealt with in this way. Matters which are clear in Shulchan Aruch don’t need a Posek. They need a Talmid! For example, one can research where it is permitted to interrupt prayer. Other issues, even seemingly mundane, are more complex. For example, may one wear sunglasses on Shabbos? This question itself depends on various factors: the health needs of the questioner, the scientific data on the risks of exposure to the sun in a particular locale, the determination of what is considered “clothing” and what is considered an appendage, the style of sunglasses in respect of whether they are commonly removed outdoors or whether they are commonly perched on the head when not in use, and indeed whether giving a permissive ruling for one locale or person may cause others to be Moreh Hetter for themselves. This last point cannot be stressed enough.
I remember reading about the question of giving a Hetter to an establishment to remain open on Shabbos through the device of shutfus with a Goy. This issue came up recently and one Rabbi allegedly said words that “it’s done everywhere”. Rav Soloveitchik, however, did not permit it under any circumstances. The reason given by the Rav was that whilst one may be able to ensure that the current owner’s quality of Shabbos and adherence to Shabbos will be unaffected, who can decide whether such a practice will have an effect on the children and grand children? The credentialed Posek must make a determination that transcends the particular question and examine, perhaps with a value judgement, the effect of such a Psak on future generations. These are not lightweight matters and they are not the domain of the “ordinary” Rabbi.
More recently, we have witnessed certain practices and innovations that can be considered as חדש according to any definition. Two examples include the ordination of women to a quasi-rabbinatic position and the emergence of Shira Chadasha style services that push the envelope of acceptable Tfilla B’Tzibur to, or beyond, a limit. What type of Posek is qualified to deal with such issues? The issues are discussed online, of course, and survey-style articles have been written discussing various aspects, but these articles in of themselves do not qualify as Psak. At best, they can be L’Halacha but certainly not L’Maaseh. The careful author will always state this. A professional with Smicha for whom Toroso is not Umanoso, and who seemingly has little credentials heretofore in Psak across all 4 Chelkei Shulchan Aruch is not someone who can simply parachute down into an issue and render a binding decision or a Psak that should be relied on, both LeHatir or LeIssur on matters of such gravity. Similarly, an halachic academic who may well be brilliant and has Smicha, but who does not devote their time to Psak across the 4 Chelkei Shulchan Aruch, is possibly also not the type of person who should render momentous and critical Piskei Din.
I am an academic, albeit not in the sphere of Judaism. A Posek learns how to pasken especially through the shimush he undertakes which is a continuation of a Mesora. At University, there is no Mesora by definition. We can and should choose an argument because it makes most logical sense as long as we can justify it to (some) peers. The study of halacha is an intellectual exercise, but the determination of halacha by a Yid transcends the intellectual exercise. It must envelop a fealty to a Mesora that began from Moshe Rabeinu. It must be brave enough on Pesach to say that although one can’t see a reason to be Machmir on item X, since that is the Mesora of one’s family, that family is choshesh to this chumra and on Pesach, Yidden have a specific Mesora to be Machmir.
On the other hand, one cannot also be frozen by so called Daas Torah. The Rav notes that in pre-war Europe there was no such concept of Daas Torah. This is a new innovation, ironically, which some, like Rav Nachum Rabinowicz have said is also ill-defined. A Rav HaMuvhak, however, is a concept which is explicit in Shulchan Aruch in Yoreh Deah Hilchos Kvod Talmidei Chachomim (see the Aruch Hashulchan for example).
There are three categories of Rabbi.
The Rav Hamuvhak
who one normally (but not necessarily) has learned most of one’s Torah from
A Rav, Talmid Chacham who has taught you.
A Rav, Talmid Chacham who hasn’t taught you.
In general, our local Rav is not category 1. Indeed, in our day, there is not a single person in category 1; rather a range of Rabbi’s who are Muvhakim, and who are now called Gedolim. Who can say that Rav X is greater than Rav Y? The bottom line is that your Rav, or local orthodox Rabbi will consult a Rav in category 1 on a needs basis. Indeed, knowing when one needs to consult is one of the primary reasons R’ Moshe Feinstein apparently directed his Smicha program towards.
So where does it leave us, the lonely man in the street? I can’t speak for anyone else but myself, of course. Innately, when I read or speak or hear a Rav who seems to be category 1, I just know they are. How? You can ask them a question and they don’t just blurt out a set of Tshuvos and then inform you that on the balance of matters, one should act like this. This a category 2 Rabbi in my mind. A category 1 Rabbi immediately sees Gemoras. He sees how those Gemoras interrelate to the question. He has to reconcile Gemoras and then Rishonim and Achronim. He is able to do that at will. He will develop his thoughts, often out loud . He may well change his mind between the bottom of a stair case until he reaches the top of the stair case (as was alleged by Rav Tendler about R’ Moshe). He has access to primary sources. He isn’t a prisoner to Acharonim. He considers himself an Acharon (albeit humbly in most cases). As an example, consider the case of brushing one’s teeth on Shabbos with tooth paste. Some will tell you straight away that it’s a machlokes between the Shmiras Shabbos Kehilchoso and others. Fine. You can read that in an English compendium of Hilchos Shabbos today. Rav Soloveitchik however, was Mattir toothpaste on Shabbos. Why? Because he said that toothpaste didn’t qualitatively constitute the Melacha defined in the Gemora and later codified in Shulchan Aruch. Some call this “Breyte Playtzes” or “wide shoulders”. That is true, but you have to be able to back it up. Peer review and analysis has to be something that a Rav can stand up to and argue his way through.
On the other hand, when a talmid of Rav Soloveitchik, came to ask whether he could invite a Mechallel Shabbos to his house, even though there was a high likelihood that the guest would drive, the Rav would not budge. He said it was absolutely Assur. The Talmid tried to explain there was a chance of Kiruv etc. The Rav didn’t budge. The Talmid then told the Rav that the Shoel U’Meyshiv was lenient in such a situation (as is R’ Shlomo Zalman, apparently). The Rav’s reply was educational: “Nu, the Shoel U’Meyshiv is an Acharon and I am an Acharon. I say it’s Assur”.
The Rav explained that according to many Rishonim, there is no Torah based imperative to recite Bircas Hamazon unless the meal included bread (a wheat based product). Even according to those Rishonim who opine that reciting the after-bracha of Al Hagefen or Al Hapeiros is also a Torah based imperative (eg wine, pomegranates and figs) there is no Zimun for these latter products; Zimun is reserved solely for recitation after the consumption of bread (eg from wheat). Clearly, then, all Rishonim agree that there is a special Torah category reserved for bread alone.
We know that bread is a staple, and ironically in our days of diets and glycemic indices, many, ironically, avoid bread. Hilchos Brachos is complex enough, and many will b’davka choose to eat bread so that they are not confronted with complex questions about the relative prioritisation of brachos.
What is the secret of bread that raises it to this important place in Halacha?
The Rav explains that bread is the one staple which requires the active cooperation of a range of people before it can be readied for consumption. Although its roots (sic) are also from the ground, one doesn’t simply consume raw wheat. Of the other fruits which the land of Israel was blessed through, only bread (eg via wheat) requires this cooperative preparation. One reason why either a special thanks is due through Bircas HaMazon (or according to the other opinions through Zimun) from a Torah perspective, is that God has allowed us or necessitated us, so to speak, to partner him in the formation of this particular foodstuff.
Based on this insight, the Rav contends that this is also one reason Bnei Yisrael didn’t immediately sing the Shira upon leaving Egypt and instead waited until the miracle of Krias Yam Suf. Comparatively, the act of leaving Egypt didn’t involve the Jews so much as “having to put their hands into cold water”. In contradistinction, when they reached the challenge of crossing the impenetrable Red Sea, they were explicitly commanded through Moshe to “travel” דבר אכ בני ישראל ויסעו and through this, like the preparation of bread, they actively partnered God in effecting this salvation through the miracle.
From Mipninei Harav.
Interestingly, this primary thanks that we give is after the eating of the bread. Yet, when it comes to Torah learning, the primary Bracha is recited just prior to learning Torah. Rav Kook in Ein Ayah to Brachos 20, explains that the thanks due after eating bread is tied to the sustenance that is attained after eating the bread. For this reason, one can still recite the Bircas Hamazon as long as the food has not been digested. By contrast, when it comes to Torah study, the lessons learned after the Torah study, which can be thought of as the practical halachos leading to the ability to do Mitzvos, are of secondary importance to the Torah study itself. The Torah study itself, immediately attained at the commencement of the learning process, is the highest level of sustenance for the Neshama. For this reason, the bracha for Torah study is made just prior to this experience (at the beginning of learning).
When one examines the temporal efficacy of a miracle, the Shevach VeHodaa that one gives is only meaningful as long as the miracle hasn’t been “digested“. If the miracle has been digested, then it loses its impact and it isn’t natural to exalt through the recitation of Shira.
Living our daily lives, we encounter miracles: some through nature which can be explained through scientific principles and others which are elusive and will likely stay that way. The pursuit of science can have two effects. For those who fear the study of nature through science and logic, science challenges their sensitivity of the miraculous. Science is an ogre, something to be avoided, as it may act to desensitise the Neshama through its human explanations of Godly activity . For others, Science is a tool which is also used to meet the Creator and understand His world. Even the most explainable manifestation of his majesty serves to enthuse the Neshama and bring the Jew closer to his Maker.
It all boils down to one’s weltanschauung, the level of their secular education, and their exposure to the world.
One of my beloved Rebbes, Rav Baruch Abaranok z”l, was a talmid and musmach of the Chafetz Chaim. Rav Abaranok was a pioneer in the Melbourne Jewish Rabbinate, and possessed Midos and an Adinus HaNefesh which made me feel that I was in the midst of a real Radin personality.
I am currently reading Rav Hershel Schachter’s new sefer, “Divrei Harav”. I was somewhat surprised to read the following episode.
During the time when there was consideration given to the closing of the Volozhiner Yeshiva, a special meeting of many Rabbonim was called by the Ohr Sameach.
The Chafetz Chaim was not invited to this momentous meeting, but travelled nonetheless to attend. When the Chafetz Chaim reached the Ohr Sameach, he announced to the Chafetz Chaim that he had only invited “great Rabonim from large cities” and that since the Chafetz Chaim was a “small time Rabbi from a small town”, the Chafetz Chaim should not attend the meeting!
Apparently feeling rejected, the Chafetz Chaim turned to R’ Chaim Brisker (who was invited to the meeting) and expressed his angst at the searing words of the Ohr Sameach, while also expressing the Chafetz Chaim’s personal view that the Volozhiner Yeshivah should not be closed. R’ Chaim (according to the Rav) advised the Chafetz Chaim that he agreed with the Chafetz Chaim’s view about the non closure of the Yeshivah and advised him to “gate-crash” the meeting and express his view, despite the Ohr Sameach’s express opposition to the Chafetz Chaim’s attendance.
Rav Schachter believes that the meeting commenced with a pilpul from the Ohr Sameach on the question of whether a person who finds a lost item and is in possession of the said item, has a din of Shomer with all the concomitant responsibilities. When the Ohr Sameach had completed his pilpul on this topic, Rav Chaim asked his son, Reb Moshe, who was then a lad, to answer the Ohr Sameach. Reb Moshe pointed out that the person who found the lost item could not be considered a Shomer with responsibility of such to the person who had lost the item, because normally a Shomer effectively takes over looking after an item from the hands of the owner, because he takes it out of the hands of the owner. The same applies to a Gazlan who also (forcibly) takes it out of the hands of an owner and therefore must also assume the responsibility to the owner (as a Shomer) in having to guard the item appropriately. However, in the case of someone who finds a lost item, since they have not taken the item out of the hands of the owner (willingly or unwillingly) then, based on Sevara, he can’t be expected halachically to look after the item in place of the original owners (since the owners themselves were in no place to look after the lost item at the particular time the person found it).
Apparently, R’ Chaim asked his son Reb Moshe to respond, to show that even a lad could answer the ‘so called’ pilpul of the Ohr Sameach. Rav Chaim wanted to “show up” the Ohr Sameach, and thereby show that the Ohr Sameach was also not right in refusing to allow someone of the calibre of the Chafetz Chaim to the meeting of Rabonim.
I found this snippet fascinating. Even if the Ohr Sameach had an opposing view to both R’ Chaim and the Chafetz Chaim, why did he deny the Chafetz Chaim entry to the meeting? R’ Chaim it would seem was most aware of the Chafetz Chaim’s stature. Certainly it is true that in those days, the Aruch Hashulchan was considered the Posek Acharon, but that ought not diminish the stature of the Chafetz Chaim? Also, given the gravity of the decision that was to be made, how could a so-called “Daas Torah” be achieved without the Chafetz Chaim’s advice?
If the stature of the Chafetz Chaim grew much later, what changed? Surely it could not all be because of the Aruch Hashulchan’s comments about davening in front of a woman with her hair uncovered or his comments (possibly censored) on Dina D’Malchuso? Every Posek has their more controversial positions. Even the Chafetz Chaim was criticised for his definition of Shok as the knee area (and not lower down the leg).