לעילוי נשמת אבי מורי ר׳ שאול זעליג הכהן בן ר׳ יהודה הכהן, מקדושי ניצולי השואה האיומה בשנה ב׳ להסתלקותו לרקיע השמימא
(At least) One of my readers, is a Talmid Chochom, and a genius. I don’t have permission to publish his name so I will not do so. However, on this particular matter I disagree with him perhaps, and I believe that my opinion is the accepted one, and his thinking is somewhat skewed for whatever reason (which is generally not like him).
There is a הלכה that say אין דרורשין על המת one doesn’t “ask from” the dead.
It is an ancient tradition to visit the graves of Tzadikim. For example, Kalev prayed at Meoras ha-Machpeilah before confronting the meraglim (Sotah 34b). See also Ta’anis 23b.
There are also Minhagim brought in Shulchan Aruch and many other places to go on fast days, Erev Rosh Hashono, Yom Kippur etc since going at such times can affect the person to repent and minimise their own self-importance.
The Gemora in Taanis also mentions a second reason (16a) and that is to ask the dead to pray for mercy on our behalf. Reading this one would automatically assume one may ask a Tzadik to pray on our behalf at auspicious times, according to various Minhagei Yisroel and Mesorah/tradition.
It would seem that according to this second explanation, one may pray to the dead in this fashion. Yet, we are also taught that it is strictly forbidden as a Torah Law! One who prays with such a singular intention transgresses the Torah command of “You shall not recognize the gods of others in my presence (see the authoritative Gesher ha-Chayim 2:26). One may also be transgressing the Torah command against “one who consults the dead” (see Shoftim 18:11 and Eliyohu Rabbah 581:4).
Now, the Pri Megadim Orach Chaim 581:16 (and others) explain this conundrum as meaning that it is okay to speak directly to the dead to ask them to daven or beseech to Hashem on our behalf. This is in keeping with the style of Selichos that we recite and whose authors were not plain poets. Some also ask Malachim (intermediaries) to beseech Hashem on our behalf. The Melachim aren’t able to do anything but they can be a more effective mouth piece according to Mesorah/tradition. Others don’t accept this explanation and say that even this is forbidden (see Bach and Shach Yoreh Deah 179:15) and the authoritative Maharil, Hilchos Ta’anis as quoted in the Be’er Heitev Orach Chaim 581:17).
Instead, their take on this is we pray directly to Hashem that in the merit of the Tzadik/Dead person, Hashem should extend mercy to us. We are inspired to visit graves to “remind” Hashem of the holy tazddikim who are physically buried there. This view is accepted as normative Halacha by a bevy of Acharonim including the Kitzur Shulchan Aruch, Be’er Heitev, Chayei Adam, Mateh Efrayim and others.
The Chofetz Chaim in the Mishna Brura (581:27) says that we visit, because a cemetery where tzaddikim are buried is a place where Tefillos are more readily answered. But one should never place his trust in the dead themselves. He should instead just ask Hashem to have mercy on him in the merit of the tzaddikim who are interred here.
That being said, the Munkatcher Gaon, the great defender of Chassidishe Minhohim, the Minchas Elozor, who was a great defender of Chassidic customs, and is commonly quoted by the Lubavitcher Rebbe, seeks to defend those who use a more direct discourse with the dead (see his Teshuva in 1:68). He, of course, makes reference to the Zohar and says that this is a positive practice.
Practically speaking, all opinions agree that it is strictly forbidden to daven directly to a dead person or Malach so that they should help us. The most that is permitted is to ask them to act as emissaries to Hashem, so that Hashem will look favourably upon us.
The Maharam Shick, Orach Chaim 293, and prime student of the Chasam Sofer, explains this nicely. He explains that there must be nothing between a Jew and Hashem. However, it is permissible for a Jew to ask another Jew to be an intermediary between him and Hashem.
The Maharam Shick goes on to explain the apparent anomaly in the name of his teacher: When one Jew approaches another and tells of the pain he is suffering, the other Jew feels it just as he does. Now they are both in need of prayer. The Jew does not feel he is praying for an “other”–he is praying for himself.
In other words, all Yidden are Guf Echad (one body) so that if the toe is hurting, it needs the head and the heart to help it. So too, if we are in need, we can call upon all other Jews–and especially those who are the head and the heart of our people—to pray for us as well. Because if one Jew is hurting, we are all hurting.
According to the Talmud (and the Zohar), those righteous souls who have passed on from this world are still very much in touch with their students and family and care for them and their problems. We petition them to pray on our behalf—and they do and often their prayers are more effective than our own.
Praying at a gravesite does not mean you are asking the dead to rise from the grave and appear before you. That is the abomination to which the Torah refers. Neither are you, God forbid, praying to the dead—a practice that is most certainly forbidden. But you are able to connect with these souls, since, when it comes to the soul, all of us are truly one.
One is simply expressing faith that the Tzadikim never really completely die, and a grave cannot prevent one from connecting to their teacher. Just as this tzaddik cared and took care of others during his lifetim—not as “others” but as he cared for his own soul—so too now, his Neshoma still can feel your pain and pray with you but this is directly to Hashem.
The Zohar tells us that the tzaddik is here with us after his passing even more than before. In life, he ignored the boundaries of “I and you,” so now he can ignore the boundaries of life and afterlife.
This is the fundamental reasoning behind beseeching those in the grave to intercede on our behalf and assist. And this, in fact, has been the common practice in Jewish communities around the world (although not all, for example Beis HoRav (Soloveitchik) based on the view of the Gaon that all this can be achieved in other ways and not in essentially a Makom Tumah.
Rabbi Chaim Paltiel of Magdeburg (Germany, fourteenth century) a Rishon, said that the burial-place of a Tzadik is Holy. Regarding Chabad in particular, I found this comprehensive piece which is of interest
In addition, some quotes from the last Rebbe זי’ע
אלו שביקרו באהלי צדיקים יודעים שישנם “אוהלים” שמעוררים קו מרירות וכיווץ, וישנם “אוהלים” שפועלים קו השמחה ועלי’. האוהל של כ”ק מו”ח אדמו”ר הוא מסוג זה, שבהגיע לאוהל, הנה עוד טרם שמתבונן, כבר פועל עליו האוהל עלי’ והגבהת הרוח ששייכת לשמחה מפני עבודתו שעבד בה כל ימי חייו הי’ באופן כזה שקירב והרים כל יהודי אף הבריות, בדרכי קירוב ונועם, עם הכוונה לפעול בהם גם “ומקרבן לתורה” )לקו”ש ח”ב 50
The broadly respected Chabad Halachist and Chassidic Rebbe, the Tzemach Tzedek. said as per the testimony of the Rayatz, the previous Lubavitcher Rebbe that:
בדרך כלל יש ה’ מדריגות, הא’ מה שמבואר
בשו”ע או”ח הל’ ט”ב וז”ל ומה שנוהגים לילך על הקברות הוא כדי לעורר האבילות ולהכניע היצה”ר ולשוב בתשובה. והב’ הוא ג”כ נזכר בשו”ע הל’ ר”ה נוהגים ילך על הקברות ולהרבות שם בתחתנונים. ושם הטעם משום דבית הקברות הוא מקום מנוחת הצדיקים, ומתוך כך הוא מקום קדוש וטהור והתפלה מתקבלת שם ביותר כו’. והג’ מה שהולכים אל מקום מנוחת אביהם וכדומה שמעורר הבכי’ והספד ועושה פתיחות הלב לגמרי עד שיוכל לבכות על חטאיו ממש ג”כ בלב נשבר ונדכה ובבכי’ רבה ויכול לבוא לידי תשובה שלימה. והמדריגה הד’ הוא מה שהולכים על קברי צדיקים שהיו יודעים ומכירים אותם בהיותם חיים אזי מצד תוקף האמונה שהי’ מאמין בו בעודו בחיים חיותו שהוא איש אלקי וכמו”כ כשהולך על מקום מנוחת קדשו מתבטל שם
This morning, before Shachris, I briefly looked this issue up in the Encyclopaedia Talmudis, a Sefer that is also quoted extensively by the last Lubavitcher Rebbe and looked well worn in his Yechidus room when I was there. Rav Zevin emphatically classes Dorshin Al HaMeisim as a clear Issur. I won’t go through it, one can look it up. It’s under the second Chelek of Daled and is beautifully set out as per Rav Zevin’s genius.
In summary, the way I see it, you ought not only go to a grave or write a letter and “speak” to the dead. This is pagan.
Sending a letter is long distance travelling to a grave, but the wording needs to include Hashem and comply with accepted Halacha
One can either ask for help from the Tzaddik or allow oneself to be either B’Yirah or B’Simcha to the extent that they are more enthused to engage separately or together with the Tzaddik, but this must always involve Hashem.
I haven’t read this article from Hakira Journal (yet), but just found it. It seems germane.
Finally, it’s aptl to close with the beautiful and apt prose of Rabbi Jakobovitz, the former Chief Rabbi of the British Commonwealth:
The Emeritus Chief Rabbi, Jakobovits, in the foreword to the then new Singers Prayer Book, contemplates “The Jewish idea of prayer” and disapproves of petitional prayers. He wrote “What purpose can be served by formulating our pleas to God? Does the all-knowing God, who knows our needs better than we do, require their articulation of what we feel in our hearts? Still more difficult theologically, how can we hope by prayer to change His will? Our very belief in the efficacy of our petitions would seem to challenge God’s immutability, and (they) even question His justice, since we should assume that whatever fate He decrees for man is essentially just; why, therefore, do we seek to reverse it?” “But such questions are based on a false, indeed pagan, understanding of prayer as a means of pacifying and propitiating the deity and thus of earning its favours. It was against these perverse notions that the Hebrew Prophets directed their denunciations so fiercely when they fulminated against the heathen form of sacrifices, the original form of worship later replaced by prayer.” “Like sacrifices, prayer is intended to change man not God. Its purpose is to cultivate a contrite heart, to promote feelings of humility and inadequacy in man, whilst encouraging reliance on Divine assistance. Through prayer, the worshipper becomes chastened, gains moral strength and intensifies the quest of spirituality, thereby turning into a person worthy of response to his pleas.