Sigh. Another nihilist post from Alex Fein

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

My comments in response to your prose will be in red

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

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

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

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

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

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

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

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

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

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

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

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

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

Some important points:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If they were women, you’d feel better?

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

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

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

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

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

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

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

PS. You aren’t young anymore, Alex.

Great, I hope you have a nice Seder

We are just at the beginning of all of this.

I’m excited.

I hope you are too.

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

***

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

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

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

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

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

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

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

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

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

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

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

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

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

Copyright © 2016 by TorahWeb.org. All rights reserved.

Dealing with two Adars

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

Will the Real Adar Please Step Forward

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

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

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

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

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

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

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

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

Responses of Gedolai Horoah to RMG Rabi’s Business forays

Firstly, here is a letter from מורי ורבי הרב הרשל שכטר, Posek for the OU and Rosh Kollel at Yeshivas Rabbeinu Yitzchak Elchanan.

RavShechterBenPekuah

 

A rough translation follows: My parts are in square brackets]

4 Shevat 5776 (January 14, 2016)

In respect of a ben pakuah [a calf that is born alive after its mother has already been slaughtered]  (which has been “born” [prematurely] at eight months, before it has completed its normal formation, [ from its slaughtered mother ]  one may eat its gid hanasheh (Sciatic nerve) and cheilev (forbidden fats) (YD 64:2) [ which are normally forbidden] and [since it is 8 months old] it is not reasonable for this premature calf to put its feet on the earth [as it it is a mature calf] because it is a “nefel”. If they took this calf and put it into an incubator [to allow it to mature] until it became fully fledged healthy, as if it was born as a nine month old calf, [on this matter] the Chazon Ish’s view is that halachically the calf is considered fully formed  and its gid hanashe and cheilev are forbidden. [the prohibitions of gid hanasheh and cheilev only apply when the ben pakua preforms the halachic act of ‘hifris al gabei karaka’ (lit. places its hoof on the ground)].  It is not possible for a premature calf to execute this halachic action.

It is. therefore, impossible to raise premature bnei pakua for slaughter as the only way to do so is by placing them in an incubator until they become viable. As previously stated this would cause them to have the status of full-termbnei pakuos whose gid hanasheh and cheilev would be forbidden Biblically or Rabbinically as soon as they are ‘hifris algabei karka’.

Tzvi Shachter

There is also a picture that someone sent me of RMG Rabi (who looks to be in a long Rabbinic coat, unless I’m mistaken) sitting with (the Belzer) Rabbi Pinchas Padwa. The picture conjures an endorsement of RMG Rabi’s venture with Kalman Gradman, Stephen Bloch and perhaps others. Rabbi Padwa sent the following letter to Rav Beck of Adass.

RavPadwa-Beck

My translation follows. My emendations and additions are in square brackets [ ]

To the honoured famous Torah scholar and Gaon and Tzadik Rabbi A Z Beck shlita, the Head of the Beth Din [ of Adass] in Melbourne, Australia.

After [genuine and serious] genuflection, I am writing  to clarify my opinion on this matter [of commercial production of Beni Pekuah meat].  Although I wrote a response to Rav [Ze’ev] Vitman [formerly the Chairman of the Shemittah Committee of the Chief Rabbinate] [it must be understood that] the letter was solely for academic purposes [as opposed to a letter with a definitive Psak Din Lehalocho U’Lemaaseh] and was [motivated in order] to clarify Torah concepts, which is my normal practice [with such letters].

I did not enter the fray of deciding on commercial Ben Pekuah from a practical halachic conclusion, especially as this is a type of matter which will bring a stumbling block and a breach and separation from the walls of our religion, Chas V’Shalom, and will serve to undermine the Torah which is under the bastion of Kashrus and Kashrus for which the Rav [Beck] gives his all to sustain.

God forbid, that someone should do anything large or small which will breach the fences of the world and weaken the standing of Rabbinic Gaonim, who stand on guard [to protect Torah and Kashrus].

I  join [Rav Beck] and the great Rabbis of the Holy Land, the princes of Torah, that one should not grow commercial B’nei Pekuah [farms] as such a venture will result in a Churban [devastation of Kashrus].

I bless the honored Torah scholar that he should merit to stand strong against any breach in the wall of our sacred religion against any breach in our religion, for many more good years]

Rabbi Pinchas Leibish Padwa

It would seem, but who can know that Rabbi Padwa was called to task for giving the appearance that he was a supporter of RMG Rabi vis-a-vis his letter to Rav Vitman. He then clarified his view. RMG Rabi claims an anonymous Rabbi has eaten his meat. One wonders if that was Rabbi Padwa or Rabbi Vitman. Someone should ask them.

Now, the interested reader might wish to consider that the wonderful Kosher Australia organisation has even bigger issues they face. RMG Rabi attends the Shabbos early minyan at Mizrachi, however, he is not given any Aliya due to what some consider his subversive actions. In particular, there have been letters allegedly from his pen to gentile manufacturers stating that Kosher Australia is not reliable. This is something that simply cannot be tolerated, from a maverick or anyone else. It is for these reasons that I have posted the above. RMG Rabi and his business partners really should find a different honest income and stop attempting to disrupt the hard work of many years, by a myriad of volunteers.

The Mashgiach of the DNA can be heard here

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Watch the video below:

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

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

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

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

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

In that vein, I issue the following.

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

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

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

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

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

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

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

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

What a disgrace and d’var sheker.

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

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

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

Here is the video. Enjoy.

Enjoy

Rehabilitation Scooter on Shabbos

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Halachic implications of a ‘Moon Boot’

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

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

Well, the issues as I saw them were

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

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

In essence his answer was

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

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

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

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

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

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

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

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

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

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Quinoa on Pesach (again)

I have pitputed about this in the past. At the OU, the two senior Poskim are Rav Hershel Schachter and Rav Yisroel Belsky. They agree on most things. Let me state first, that my personal posek (on matters that are complex and/or not clear in Shulchan Aruch etc) is Rav Schachter, so I do have a bias. On very rare occasions, I have not “understood” the reasoning of a Psak, but I am not a Posek, and he is, and so I listen. That’s our Mesora. That’s what we are meant to do.

As the article from the JTA below shows, they disagree on Quinoa. My earlier views on this matter happily are consonant with Rav Schachter’s Psak. The OU however as a policy will follow the stricter opinion of the two Rabonim disagree. There is in fact a private kuntres, in the spirit of Milchamto Shel Torah, where the two give formal Psokim and their reasoning, for the occasions where they disagree. I haven’t seen it. The kuntres is only available to recognised Rabonim who are formally or informally affiliated with the OU standards.

Kosher Australia (correctly in my opinion) advises people to check with their own Rabbi about Kitniyos, and notes that it doesn’t approve/use Quinoa in any of its own supervised products for Pesach.

Personally, if someone in Melbourne, brought in supervised Quinoa (eg from the Star K), I’d have absolutely no problem consuming it.

By Chavie Lieber · March 11, 2013

NEW YORK (JTA) — On any given day, a wind might blow through the farmlands of South America, pick up an errant grain of barley and deposit it nearby among the vast rows of cultivated quinoa. If that barley manages to make its way into a sifted batch of quinoa, and avoid detection during repackaging, it could wind up gracing your seder table on Passover night.

However dubious it might seem, the scenario is among the reasons that the world’s largest kosher certification agency is refusing to sanction quinoa for Passover consumption, potentially depriving Jewish consumers of a high-fiber, protein-rich staple that many have come to rely on during the weeklong holiday.

The Orthodox Union announced last year that it would not certify quinoa as kosher for Passover out of concern that quinoa falls into the category of kitniyot, a group of legumes forbidden because they look similar to grains proscribed on the holiday.

Menachem Genack, the CEO of O.U. Kosher, also cited the danger of quinoa crops grown in close proximity to wheat and barley fields.

Star-K, a rival kosher certification company based in Baltimore, has been certifying quinoa as Passover-friendly for years and dismisses what it sees as an outlandish prohibition.

“Rav Moshe Feinstein said we weren’t to add on to the rules of kitniyot, so I don’t know why anyone would,” said Rabbi Tzvi Rosen of Star-K, referring to the esteemed decisor of Jewish religious law who died in 1986. “And what’s more telling of this ridiculous debate is that quinoa is a seed, not a legume.”

Long a staple of the Andean diet, quinoa has earned a reputation as “the mother of all grains,” celebrated for its high nutrient quality and as an alternative for those following a gluten-free diet. But quinoa is not a grain at all. It’s a member of the goosefoot family, and closely related to spinach and beets.

On Passover — when wheat, oats, rye, spelt and barley are all prohibited — quinoa has emerged as a popular substitute.

That could change, however, with the world’s major kosher certifier refusing to give quinoa its Passover seal of approval.

“We can’t certify quinoa because it looks like a grain and people might get confused,” Genack said. “It’s a disputed food, so we can’t hold an opinion, and we don’t certify it. Those who rely on the O.U. for a kashrut just won’t have quinoa on Passover.”

The O.U.’s non-endorsement is the result of a debate within the organization’s own ranks.

Rabbi Yisroel Belsky, the head of Brooklyn’s Yeshiva Torah Vodaas and a consulting rabbi for the O.U., maintains that quinoa qualifies as kitniyot because it’s used in a manner similar to forbidden grains. Rabbi Hershel Schachter, one of the heads of Yeshiva University’s rabbinical school and also an O.U. consultant, agrees with Rosen that the category of kitniyot should not be expanded.

Rosen said the Star-K certifies only the quinoa that has no other grains growing nearby. This year, for the first time, the company sent supervisors to South America to supervise the harvesting, sifting and packaging of the product.

“Whenever there’s a new age food, there’s always a fight between kosher factions,” Rosen said. “But we should be worrying about other things, like all the cookies, pizzas and noodles that are Passover certified but appear to be chametz. Quinoa is the least of our problems.”

The O.U. is recommending that kosher consumers look to their local rabbis for guidance on the quinoa question. But for Eve Becker, risking a rabbinic prohibition on a staple food probably won’t sit too well in her house. A Jewish food blogger who maintains a strictly gluten-free kitchen because her daughter has Celiac disease, Becker said quinoa is one of the most important foods.

“It’s a tiny powerhouse packed with protein, vitamins and minerals, and it’s an important grain alternative, especially on Passover,” Becker said. “It’s great to have it on Passover instead of the usual potatoes, potatoes, potatoes. Most of the Passover foods just end up tasting like Passover, so we rely on quinoa to be that side staple.”

Ilana S., a mother of two who lives on Manhattan’s Upper West Side, said she trusts the O.U. and will refrain, begrudingly, from buying quinoa this Passover.

“These rabbis are always changing their minds, so I’m confident they’ll have a new statement next year,” she said. “Until then, its only eight days.”

Statement from מו’’ר, Rav Hershel Schachter שליט’’א

This puts an end to R’ Meir Rabi’s attempts to use Rav Schachter’s name in support of his Laffa. I hope he has the good sense to remove Rav Schachter from his marketing and information websites.

In English:

TO WHOM IT MAY CONCERNI have been asked many times over the past years if it is correct for Ashkenazi Jews to fulfill their obligation to eat Matza on the night of Pesach with Sephardic Matza. I have always answered that, in my opinion, this is not against custom provided that the Matza is produced under expert supervision and under the strict guidance of reliable and responsible Rabbinic authorities. My intention was in strict reference to the Sephardic Matzas that are known to us here in New York. I have now been informed from afar that there are new varieties called Laffa and Mountain Bread that I have never seen and know nothing about and I have not expressed any opinion concerning them, for one may only rule on what one’s eyes have seen. It is impossible to give my opinion on anything that I am not familiar with. I am greatly astonished how a “living person can contradict a living person” and how it is possible that anyone can say things in my name that have totally never entered my mind.Signed: Tzvi Schachter