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.

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

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

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

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

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

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

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

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

“Modern” Orthodoxy faces an internal schism

Rav Schachter, Shilita, doesn’t like the term Modern Orthodox. Many don’t. If the term is to be used, it means the type of Orthodoxy that is ready to deal with modern issues using modern knowledge. Rav Schachter believes this is nothing new in the sense that dealing with modern issues is something most groups with Orthodoxy undertake. They have to. When a question comes before a Rav, he needs to either answer it, or send the questioner to a different Rav who may be more qualified to answer that type of question.

Whilst Rav Schachter is also a Rosh Kollel, and in general a Rosh Yeshivah or Rosh Kollel doesn’t make the “best” Posek for a Ba’al Habayis, because they often live in a surreal world which is cut off, at best from the vicissitudes facing the man and woman who are immersed in Olam HaZeh, and not looking at Daled Chelkei Shulchan Aruch for most of their day. Rav Schachter is different. His interaction with an ordinary Ba’al HaBayis is palpable when he speaks, although stylistically and on occasion his oratory is more Yeshivish. He has a modest and respectful charm, which I can testify is very much real and uplifting.

Like his own teacher, the renowned Rav, Rav Soloveitchik ז’ל, Rav Schachter has an enormous and unshakeable attachment to Mesora/tradition. Mesora isn’t always that clear, of course. For example, simply looking at last week’s Parsha, when discussing how the Jews had access to Shitim wood in a dessert, Rashi quotes a Tanchuma and Yerushalmi (from memory) that Ya’akov Avinu foresaw that the Jews would need Shitim to build the Mishkan and ensured that these were planted in Egypt and then transported. Yet, Ibn Ezra says words that

If these thoughts of the Amoraim and Geonim are a Kabolo (Mesora) in learning that they received, then we must accept it. If they are not, but rather constitute a more homlitic interpretation by Chazal, then we (he, the Ibn Ezra) has another suggestion. His view is that there was an Oasis near Har Sinai, and it was from there that they took Shitim Wood

What’s obvious to the Ibn Ezra is that he is completely respectful to the Mesora. He just doesn’t have (from his own teachers) a definite teaching that Rashi’s sources constitute a definite truth, as opposed to a possibility. He does not dismiss this view as “far-fetched” and not to be accepted. Rather, he qualifies his comments with an “If then else”.

In terms of dealing with new questions, or indeed old ones, in a “modern” framework, what makes Modern or Centrist Orthodoxy different is really two things

  1. A rejection of the Hungarian view espoused by the Chasam Sofer, that “all that is new is forbidden”. In other words, if you don’t know about a new proposal or approach, then in a void of Mesorah, it is safest to always pronounce that the answer is “NO”
  2. The use of modern knowledge to aid us in understanding and further bringing Kavod LaTorah.

The latter is scary for the Aguda and those to the right of the Aguda. It represents a precipice. There is no question, that when, ironically, it comes to questions of Kashrus, all agencies rely on modern science. Science is respected, and the knowledge of the food chemist is critical. When it comes to questions of electricity and Shabbos, the Posek again must understand the physics. The Posek of a certain generation will indeed Pasken according to the modern understanding of the Science of their time. However, the modern orthodox Posek will not be afraid to also PERMIT something which was once forbidden because of a faulty model that was understood in yesteryear.

Another divide can be seen in issues involving the types of items identified in the Sefer, Hilchos Shmiras HaGuf VeHaNefesh. This has a list of many things that should be avoided because they may be injurious to health. Some are from the Gemora, others are more Kaballistic.

Rav Schachter contends that on matters of health, for example, THE MESORA itself, was to use the best knowledge of doctors of the time. In reality, when we are sick we all do that. However, when it comes to some “dangerous” things, Rav Schachter will often say that we don’t need to worry about it, as it only represented the best medical/scientific knowledge at the time. Now, we know better. We, however, must according to the Torah, use the best knowledge available in coming to a cogent and relevant (read modern Psak) as opposed to taking the Hungarian/Chassidic line of forbidding more and not less.

That being said, there are lines, and there always have been lines. Some of these lines can be argued with on the basis of “modern NEEDS” as opposed to modern knowledge or science. This constitutes the basis of articles involving  R’ Haskel Lookstein.

It is ironic, that the vast majority of ladies who want to include male mitzvos, do not routinely keep female mitzvos. One only has to look at the practices of those in Shira Chadasha style prayer organisations (I can only speak somewhat about the Melbourne manifestation). If only, if only, egalitarianism wasn’t the petrol in their Jewish Car, and comprehensive attempts at all Torah and Mitzvos, especially those already germane to women and men, were adhered to scrupulously. Alas, they appear not to. The emphasis is on egalitarianism, the catch cry of the conservative, and the idea that people like the Rav, R’ Moshe warned about. These cannot and must not change the existing Mesora.

Yes, if there is a particularly enriched and scrupulous woman, who is like the women of yore, with Tehillim on their lips, Torah in their hands, and Yiras Shomayim in spades, who objects to such exceptions fulfilling a natural progression. Ashreichem, if you reach such a Madreyga. Men don’t need to. We are enjoined to do these things, even if we haven’t reached such heights. Woman, however, are enjoined to focus on their important orthogonal role, and if they are special, so be it.

Rav Schachter, and his colleagues, are debating these issues behind closed doors, and doing so in a spirit of Torah and not through the press with hot loaded statements, that really don’t constititute adequate Tshuvos on the topic(s) (especially when they have erroneous sources, but let’s not go there).

I pray that Rav Schachter and his Chaverim are able to peacefully negotiate the issues with Ramaz and the like, and keep true to the firm and unshakeable weltanshauung of Rav Soloveitchik when it comes to “ceremony” and Shule. Shule was never about a mode of ceremony for the Rav. It was all about Hilchos Tfilla, and the Lonely Man of Faith, never lost sought of this.

I see no renaissance in female Jewish observance surging through the modern orthodox world. On the contrary, they seem to struggle with “why is sending sms’s on shabbos forbidden”.

Enough. I don’t want to cast aspersions on many good people.

The Shule/Beis Medrash/Shteibel vs the outdoors

[Apologies as this may seem like a repost for some readers. WordPress seemed to get confused, so I have re-published as a new article]

There is seemingly a trend that has taken hold in the last 12 months or more. We’ve seen it employed by Orthodox Jews, some Orthodox Shules, and the Conservadox Shira Chadasha. The trend is to move out of the Shule and into the outdoors, presumably for a heightened, perhaps more “spiritual” davening. To be sure, it’s not (yet) regular, and is something that is utilised at chosen times. Many of these services revolve around music, and “nature”.

I am a musician. I’m not a “mathematical” musician in the sense of analysing a score and declaring it a piece of genius. Rather, I was blessed (I guess) to have a special חוש/sense for music to the extent that I can play a piece after I have listened to it.

I am inspired by music. I find that it touches my Neshama. It’s something that can uplift me, or just as importantly it can solemnise my feelings to the extent that I’m “at one” with those ambient feelings. Feeling melancholy I may choose Rachmaninov, for example; I love Russian classical music as it seems to accurately reflect the oeuvre of the tragedy of much of Jewish history. On Yom HaShoah, when I hear the ‘Partisan Song’, it never fails to stir and uplift.

Halacha discusses what type of music is acceptable. Obviously, love songs, as mentioned by the Rambam, aren’t in the frame. Some, such as R’ Moshe Feinstein based on the fact that he felt the Pshat in a Gemora was more in tune with the R’ Yosef Karo, the Mechaber, than the Ramo) went as far as prohibiting pleasurable music all year around as an expression of זכר לחורבן. This view is not widely accepted.

As I always reiterate, my pitputim are just that. Ask your own Rov if you have any questions or concerns. Rav Ovadya also had interesting Teshuvos on this (I can’t recall whether it was in Yabia Omer or Yechave Daas). If my memory serves me correctly, he even permitted muslim prayer tunes to be set to Jewish words and used as part of Tefilla!

I’m a traditionalist, especially when it comes to authentic Jewish expressions of connection with Hashem and preserving the Mesora via modes of accepted expression, additions and location.

I’m lucky enough to also feel exhilaration when learning, and I prefer delving than more surface-oriented coverage. The latter is instructive and important, in the sense of המעשה אשר יעשון but it doesn’t perhaps titillate me when compared to the combination of intellect/neshama as elicited by חכמת התורה. That for me, provides a tangible connection to אלוקות. Your mileage will vary, of course, and that’s perfectly fine. There have always been at least two approaches. הרבה דרכים למקום

Many of our current youth seek tangible and immediately perceived connection through their senses. Some are limited in their ידיעת התורה armoury, and the soul-like, metaphysical connection through song, works effectively as a catalyst. A catalyst towards what, one might ask? Is it a means or an end? Effectively in my Weltanschauung, is when this leads one to the level that they can meditate on Shmoneh Esreh in the very least, and through that seek to “connect”. Shmoneh Esreh is Tefilla.

As Rav Soloveitchik always pointed out, Judaism has never been reactive or temporally focussed on modes of pomp and ceremony and new forms of worship: these cross the line of Mesora. We are bound, happily, through our Mesora. To Chazal, Mesora is Halacha, and it regulates accepted methods and modes of Tefilla and delineates the unacceptable.

We don’t make up new integral prayers (as opposed to תחנות and בקשות) or modes of prayer. We follow the Nusach of our Mesorah, and we do not deviate. It is, of course, well-known, that when faced with the rising influence of conservative temples in the USA, the Rav stood steadfast, and would only allow “innovation” that didn’t step beyond Mesora and Halacha. Sometimes, protective mechanisms were needed to entrench a barrier against a temporal but threatening breach. These need to be approved by an expert Posek. One does not innovate on the basis of a more academically inclined analysis of sections culled from the Bar Ilan responsa DVD. That does not a Psak make.

There is the story recorded by Mori V’Rabbi, Rav Schachter, of a Baal Teshuva who would have offended his family by not attending the Bar Mitzvah of his brother. The Bar Mitzvah was to be held in a conservative temple. The Rav, whose Psokim one may not generally extend to their own situation, ruled that the Baal Teshuva should attend so as not to cause Agmas Nefesh and Machlokes on the strict proviso that in respect of the conservative service he:

  1. Daven in a proper Orthodox Minyan beforehand
  2. Sit when they stood
  3. Stand when they sat
  4. Not answer Amen

In no way, should he give the impression that he was participating in davening per se at a conservative temple. Each situation is different, of course, and a Posek needs to be appraised of the complete circumstance before issuing their Psak Din.

R’ Shlomo Carlebach, a controversial figure, is in vogue, especially in sing/song style prayer. Allegations, about him, abound. Some are most concerning and sinister. Yet he was also proffered love by the Amshinover Rebbe שליט’’א, widely considered as one of the “holiest Rebbes” of our generation.

A young Amshinover Rebbe with R’ Shlomo Carlebach

At the same time, in Igros Moshe, Even HoEzer (in the middle of a Tshuva), Reb Moshe Feinstein intimated that nigunnim performed before a certain period in Reb Shlomo’s life were acceptable, but those after that date were not to be played or sung.

Rabbi Groner ז’ל personally told me that he was a chavrusa/learning partner of R’ Shlomo. He asked the Lubavitcher Rebbe, after Reb Shlomo diverted to a more controversial path, how to interact with him. The Lubavitcher Rebbe answered that Rabbi Groner should be Mekarev R’ Shlomo, but never under the umbrella or Mosdos of Chabad per se.

I once used a Carlebach melody at Yeshivah Shule in Melbourne, and Rabbi Groner advised me not to do it again, for these reasons. He, of course, told me this privately and quietly after Shule, as I walked out after ravening. I know that Rabbi Groner’s son, Rabbi Chaim Tzvi also adheres to this approach in the Chabad House where he is Rabbi.

Many of our youth seem to seek spirituality. Authentic Jewish spirituality can be achieved in a number of Masoretic ways. I’m not sure, though, whether home-grown techniques of spirituality lead towards מעשה בפועל or if they are all permitted anyway. One would hope so, even if contraindicated, as per Reb Moshe or others. We should assume that seekers are earnest in their quest for interaction with אלוקות. The method of T’filla and the place of T’filla however, must remain the mainstream Chazal-mandated approach. Yes, there is a place for התבוננות, reflection and meditation. The Breslaver Chassidim require it once a day, the Baal Shem Tov himself did it—each to their own.

Lately, I’ve noticed various Orthodox groups (I consider Shira Chadasha conservadox in my nomenclature despite spirited sound-bites on a Melbourne TV show attempting to convince us that they are Orthodox) seek to leave the sanctuary of Shules and Shteiblach, or even house-minyanim and seek the outdoors through the aegis of an open area/park or similar setting.

I am not enamoured halachically by house minyanim on a regular basis during, say, summer months. There are shules close by.

ברוב עם הדרת מלך

is not a platitude. It is a halachic requirement.

Sometimes, perhaps mostly, so-called alternate services are accompanied by a Carlebachian inspired sing-song. As a musician, I know this can stir the heart. The effect is amplified when there is a knowledge of Pirush Hamilos. [ I cringe if the wrong style of tune is used for a passage or chapter. I even cringe when commas are placed at the wrong places: a sure indication that a basic understanding of the structure of Tefilla and Pirush Hamilos needs serious attention. ]

But what does Halacha say about davening in an outdoor setting? I’m assuming that Dina D’Malchusa is followed and council permits are obtained. Parks are not normally designated as places of worship. Imagine if Muslims, Xtians and Buddhists also decided to utilise parks for their places of worship. I, for one, do not think it is appropriate.

The encounter with Hashem is a private one (in the sense of occurring in a house of God), that should be constructed through the agency of a quorum of ten males and a suitable separation of males and females. Dogs, children playing, plain schmutz and the like, do not appear environmentally appropriate. As summarised in Shulchan Aruch Siman 90 S

לא יתפלל במקום פרוץ כמן בשדה

Shulchan Aruch (‘סע’ ה) rules that one should not daven in an open area, for example, a field. The rationale he gives for this halacha is that when one davens in a place that is closed one will have more awe for the King and will have a broken heart which is advantageous for davening. Mishnah Berurah writes that if a place is surrounded by walls it is an acceptable place (ס”ק י”ב מובא דבריו בחיי משה) to daven even if there is no roof.

Shulchan Tahor maintains that l’chatchila, ideallyone should daven in a place that has a roof in addition to walls. However, if the walls extend ten tefachim higher than the average person’s height, one could daven there in a pressing circumstance.

Eshel Avrohom adopts a more lenient approach and contends that it is sufficient if there is a wall in front of the person davening even if there are no walls on his sides. He also adds that this requirement is only for shemone esrei but for pesukei d’zimra one may even daven in an open area.

Sefer Toras Chaim (סק”ז) asserts that this halacha applies when someone davens by himself but it is acceptable for a tzibbur to daven in an open place since the experience of davening with a tzibbur will cause him to have a broken heart and awe of the King. Kaf HaChaim (אות ל”א) cites Ritva who rules that if a minyan is davening together this issue does not apply.

Sha’arei Teshuvah (סק”א) implies, however, that this issue applies to a tzibbbur the same way it applies to an individual.

So, while there is room to be lenient I would think, and this is borne out by opinion, that praying in a park/field is perhaps a stepping stone to the ideal, which is to pray in an ascribed place, viz, a Shule with all its concomitant Kedusha (ironically) and regulation. At the end of the day, it is the iconic Mikdash M’at, a miniature of the Beis Hamikdash itself. See especially the Kitzur Minyan HaMitzvos from the Rambam where he clearly describes this as a D’Orayso, a Torah imperative. We are enjoined to simulate the Beis Hamikdash through both the prayer, the behaviour and the building structure!

A certain man rushed to daven Maariv but missed borchu. Naturally, he wished to daven with a minyan that was just beginning so that he could answer borchu in the beginning of the tefillah. There actually was another Maariv which began a few minutes later but the minyan was outside the sanctuary, in a place without walls. This man wondered what he should do. On the one hand, he knew that it is preferable to daven in a place with walls as we find on today’s amud. On the other hand, he was loath to miss borchu. When this question reached Rav Yosef Shalom Eliyashiv, shlit”a, he ruled that davening in the shul with walls is preferable. “Even if you will miss borchu it is still better to daven with the minyan inside. Even though the davening outside is complete with borchu, davening without mechitzos is less than ideal.” אבני ישפה, תפילה, פי”א, ס”ו, ובהערה ז

In another place they would pray Minchah in a largish stairwell. Although a minyan always stayed inside, some of the people would wind up joining them outside the building. Since there were no functional walls out of doors, one of the group protested. ”The Shulchan Aruch rules that it is forbidden to daven in a place without mechitzos. It is therefore b’dieved to daven outside.” But those who stood outside disagreed. “As long as you are part of a minyan which davens inside it shouldn’t matter what you yourself do. It is not as though I have less kavanah, so why assume that inside is superior for every individ- ual?” When this question reached Rav Yosef Shalom Eliyashiv, he ruled that they should indeed pray with the minyan inside. “Those who daven in a stairwell should remain together inside, and not have some people davening inside the building while others are outside.” תפילה כהלכתה, פ”ב, הערה פ”ה

Pardon the pun, but we need to see the wood from the trees. If it is desirable in our age to enfranchise those who would otherwise not seek to daven, through Carlebachian/Breslav, outdoor or “spirit grow style” techniques, then that is an intermediate level, and an expert Posek must be consulted. However, it should always be understood that this level is a stepping stone to the ideal. The ideal is to daven in a Shule or Beis Medrash and to be become a Doogma Chaya, a living example, of how one should comport oneself in a Mikdash Me’at, a miniature version of the Beis Hamikdash. The laws of a Beis Knesses and Beis Medrash are directly derived, according to many, such as R’ Chaim Brisker, from the Beis Hamikdash itself. The Rav gave many examples of this in his Torah.

In a tangential way, even though there is leeway to innovate in respect of melodies during the Nusach HaTefilla, one must remember that some elements are inviolate. Can anyone imagine singing Kol Nidrei to another tune? Cantor Be’er from YU’s Belz School of Music has written a wonderful article where he delineates the Tefillos and categorizes those which one may innovate, tune-wise.

I remember as a boy that both L’cha Dodi and Kel Adon were sung, but this took place in the Masoretic mode of the Chazan and congregation pausing between stanza in the form of “saying and answering” (Davar Shebikdusha, as expounded by the Rav)

Mesora must be protected and cherished.

שמע בני מוסר אביך ואל תטוש תורת אמך

Mesora must be protected and cherished. It alone provides the protective borders within which we can serve through an authentic Jewish service.

Carlebach in prayerful bliss: From Ha’aretz

More on R’ Schachter’s views on Mesirah and Dina D’Malchuso

At the suggestion of מו’ר R’ Schachter’s מקורבים, readers who seek more than a 10 minute grab, would do well to read his written word on these topics, well before the scourge of hidden child abuse arose.

Firstly, there is a brief note on Torah Web here from 2007.

A more expansive and learned paper can be read here from RJJ Volume one which I believe is from 1981.

Enjoy.