Halacha L’Moshe MiSinai
Volume 2: Number 11
December 19, 2005
Mitzvah 12: Affixing a Mezuzah on the Door
Mitzvah 12
It is a positive commandment to affix a mezuzah at the entrance to a home.
Hafetz Hayim: Scripture states, “And you shall write them upon the doorposts of your house and on your gates” (Deut. 6:9). In the mezuzah, on a small piece of rolled up parchment, two sections of Scripture are written, these are the first two paragraphs of the Shema. Each person has a duty to take care of a mezuzah so that every time he or she enters or leaves the house he will encounter the unity of G-d and remember the love of G-d as written on the parchment. This awareness will awaken the person from their slumber and from their errors in the vapid empty matters of the present; and he will realize that nothing endures forever and ever except the knowledge of the Divine Rock – the foundation of the world. Thus that person will return at once to good sense and walk in the straightforward path of decency. It is in force everywhere and at every time, for both men and women.
The first thing we notice is that the mezuzah is NOT an amulet. It is not a good luck charm or some other kind of instrument that protects a home or the family that lives inside. These are pagan notions and not part of the Jewish understanding of the way the world works. In keeping with standard rabbinic practice, it is a “sign” or a “reminder” of our obligations as Jews and it points to the importance of G-d in our lives.
First some technical points: The essence of the Mezuzah is the handwritten parchment inside. The outside case can be as beautiful or plain as one desires (although you gets points for “hiddur mitzvah” or “beautifying a mitzvah” when you choose a nice case) just as long as the parchment inside is “kosher”. It should bear the seal of the rabbinic authority that is certifying the scroll. It does not matter if the mezuzah is place on the inside or the outside of the actual door as long as it is installed on the doorpost, that is, the upright part of the door that supports the lintel. It should be on the right hand side as one enters the room and it should be attached on the upper 1/3 of the doorpost. There is a blessing that is recited when a mezuzah is attached but if one is attaching many mezuzot at one time, one blessing is enough for the entire operation. A mezuzah should be affixed to every door that has doorposts over 3 feet high in the house with the exception of closet doors and the bathroom door.
The Rabbis argued over whether it should be attached vertically or horizontally, so the compromise is that we attach it at a 45-degree angle with the top pointing into the room.
This may sound like heresy but notice also that the Hafetz Hayim says that one needs to “see” the mezuzah, not touch it or kiss it. There is no mitzvah to kiss a mezuzah.
A spiritual note: Doorways are always a place of mystery. One world ends and another begins. As we make that transition, having words of Torah at our right hand is a great comfort and helps us to know that wherever we go, we are never far from our Creator.
It is not often easy to know which side is “the right side as one enters the room” especially for a hallway or a room with multiple entrances. When in doubt, a Rabbi should be consulted. Only once did I see a mezuzah on the left side of a door between the outside and inside of a building. It was on a supermarket in Israel, the door was an automatic exit door and entering from that doorway was difficult to impossible. It was “exit only” so it went on the right side as one exited the store. The entrance only door had the mezuzah in its customary place.
Next week: Mitzvah 13: Birkat HaMazon
Monday, December 19, 2005
Monday, December 12, 2005
HMS Volume 2: Number 10 - Mitzvah 11: Reciting the Shema Twice a Day
Halacha L’Moshe MiSinai
Volume 2: Number 10
December 12, 2005
Mitzvah 11: Reciting the Shema Twice a Day
Mitzvah 11
It is a positive commandment to recite the Shema morning and evening.
Hafetz Hayim: Scripture states, “and you shall speak of them… when you lie down and when you rise up” (Deut. 6:7). This means at the time you lie down and the time you rise up. Reciting the Shema consists of three sections of Scripture: Deut 6:4-9; Deut. 11:13-21 and Numbers 15:37-41. The first section is about love of G-d and the study of Torah, which is the peg upon which everything depends. The second section is the acceptance of the yoke of the other commandments while in the third section, there is the mention of the Tzitzit, the command to remember all the commandments and the religious duty to remember the Exodus. It is in force everywhere and at every time, for men but not for women.
While the Hafetz Hayim is correct in his understanding of why we recite the Shema, it is not really very helpful in explaining why these three sections are recited. We have an entire Torah of verse, why are these three so important. We know that they were not randomly selected since they are listed out of order, implying that there must be a reason not only for their selection, but also as to why they are in the order in which they are.
The first paragraph is about love. If you look it up, however, you will see that it does not say that we “Should” love the Lord our G-d” rather it is the command that we must “Love G-d”. How is it possible to command someone to love another? Well, we do it every day when we love our parents. We don’t get to choose our parents; we just have to love them (and there is a whole lot of mental illness when we try to love parents who are not worthy of that love). This “parental” kind of love of G-d is the result of G-d being our creator (the same source of our love for our parents.) The theme of this paragraph, therefore, is Creation.
The second paragraph, talks about reward and punishment for the commandments, but the only reference to which commandments are rewarded is the phrase, “which I command you this day”. What day is referred to? The day the commandments were given at Sinai. Thus we need to do all the commandments given at Sinai. This is a very difficult passage since the punishments listed are all communal punishments for the sins of an individual. Some Reform Congregations thus leave this passage out, but if we look at it from an Ecological point of view, that when one person pollutes this world, the entire planet suffers, we may understand what the point of the paragraph is all about. Because it deals with the events at Mt. Sinai, we say it refers to Revelation.
The third paragraph, as noted by the Hafetz Hayim, is about the Exodus from Egypt. This is the biggest event in Jewish History. We say that it refers to redemption.
According the Tradition, G-d creates the world; G-d reveals to Humanity the Torah and thru the Torah, Humanity redeems the world. Thus the three paragraphs about Creation, Revelation and Redemption, are also about the relationship between G-d, Humanity and the World. If each triad is charted as a triangle, than if you intersect the two triangles, you get the Star of David. (This was first explained by Franz Rozenweig in the 1800’s in his book “Star of Redemption”)
In short, these six concepts are the core of what Judaism is all about. Saying the Shema is similar to saying “This is what I believe about the world” and is an appropriate “pledge of allegiance” to the Jewish People and to Judaism. This is why this prayer is so very important and why it is recited twice a day.
I have some questions from last week’s lesson on Tallit and Tzitzit:
J. Weiss writes: I met someone a few weeks ago who told me that he came to Sinai one Shabbat morning to see what our shul is like. He follows this custom that you mentioned, (about not wearing a Tallit until one is married) and he told me that the ushers at Sinai insisted he wear a Tallit despite his personal practice. Is this a custom that would be kept by individuals/families or is it more community wide?
I respond: The usher was in error. Alas sometimes we all get too involved with the rules. No, a person with the custom of not wearing a Tallit until married does not have to wear a Tallit to shul unless he is called to the bima. On the bima, he should wear a Tallit. It should also be understood that such a man would also be wearing a Tallit katan. If he does not wear a Tallit katan, than he is in violation of the mitzvah of Tzitzit
I wrote last week: Scripture makes this commandment the equal of all the other commandments when it says; “you shall see it and remember all the commandments of G-d”. It is in force everywhere and at every time, for men but not for women.
Marjut Herzog writes: I have read that historically women wore tefillin, but historically did women also have the option of placing Tzitzit on their robes/dresses? Is it possible to take this mitzvah on by wearing the Tallit katan so that even though I cannot come to the synagogue and pray easily (with a small child) I can fulfill this mitzvah at home (while I am doing the spiritual duties of raising a child and keeping a home also supposedly equal to men’s Mitzvot). I really think this may be a lovely way to feel more connected – have other women considered this – I am not so thrilled with that last sentence because it sounds like man is putting word’s into Hashem’s commandment…
I respond: I have not seen anywhere that women put fringes on the corner of their garments. There is an article on mens and womens garments in Yigdal Yadin’s book on Massada. There is no reason in Jewish law that prevents a woman from wearing the Tallit Katan but I have not ever seen it done. If it is meaningful to you, than by all means you should give it a try. As for the men vs. women at the end of each Mitzvah, This is a reflection of the Rabbinic law that states women are excused from most Mitzvot that are positive and time bound. That is all positive commandments that must be performed at a set time. (There are exceptions, however, like candle lighting) “Excused” does not mean “prohibited”, so if you wish, the Mitzvah is open to you and to other women.
Finally, an item sent to me by R.diCapua that I will share with you without comment because, honestly, it is interesting but not relevant to the Mitzvot. I should note that the dye from the Murex snail is traditionally the source of the blue that was used in making Tzitzit in ancient times. There is a movement today to bring the dye back into use and you can see Tzitzit today with a blue thread (I myself wear them on weekdays)
A recent article by two Belgian scientists has revealed a fascinating "coincidence." J. Wouters and A. Verhecken studied the characteristics of the different dye molecules obtained from the Murex trunculus snail. One of the measurements was the absorption spectrum of the molecule. Light is made up of many colors (the spectrum) measured in units of nanometers (nm). Our eyes perceive color in a complex fashion based on the various combinations of colors of light that strike it. For example, gold absorbs blue light and reflects the rest. When our eye sees all the colors of the spectrum with blue taken out, it perceives the color as gold. Ultimately, however, the color we see is determined entirely by what colors something absorbs and what is reflected. The tekhelet molecule (indigotin) gets its color from a strong absorption peak centered at 613 nanometers!
Next week: Mitzvah 12: Affixing a Mezuzah on the Door
Volume 2: Number 10
December 12, 2005
Mitzvah 11: Reciting the Shema Twice a Day
Mitzvah 11
It is a positive commandment to recite the Shema morning and evening.
Hafetz Hayim: Scripture states, “and you shall speak of them… when you lie down and when you rise up” (Deut. 6:7). This means at the time you lie down and the time you rise up. Reciting the Shema consists of three sections of Scripture: Deut 6:4-9; Deut. 11:13-21 and Numbers 15:37-41. The first section is about love of G-d and the study of Torah, which is the peg upon which everything depends. The second section is the acceptance of the yoke of the other commandments while in the third section, there is the mention of the Tzitzit, the command to remember all the commandments and the religious duty to remember the Exodus. It is in force everywhere and at every time, for men but not for women.
While the Hafetz Hayim is correct in his understanding of why we recite the Shema, it is not really very helpful in explaining why these three sections are recited. We have an entire Torah of verse, why are these three so important. We know that they were not randomly selected since they are listed out of order, implying that there must be a reason not only for their selection, but also as to why they are in the order in which they are.
The first paragraph is about love. If you look it up, however, you will see that it does not say that we “Should” love the Lord our G-d” rather it is the command that we must “Love G-d”. How is it possible to command someone to love another? Well, we do it every day when we love our parents. We don’t get to choose our parents; we just have to love them (and there is a whole lot of mental illness when we try to love parents who are not worthy of that love). This “parental” kind of love of G-d is the result of G-d being our creator (the same source of our love for our parents.) The theme of this paragraph, therefore, is Creation.
The second paragraph, talks about reward and punishment for the commandments, but the only reference to which commandments are rewarded is the phrase, “which I command you this day”. What day is referred to? The day the commandments were given at Sinai. Thus we need to do all the commandments given at Sinai. This is a very difficult passage since the punishments listed are all communal punishments for the sins of an individual. Some Reform Congregations thus leave this passage out, but if we look at it from an Ecological point of view, that when one person pollutes this world, the entire planet suffers, we may understand what the point of the paragraph is all about. Because it deals with the events at Mt. Sinai, we say it refers to Revelation.
The third paragraph, as noted by the Hafetz Hayim, is about the Exodus from Egypt. This is the biggest event in Jewish History. We say that it refers to redemption.
According the Tradition, G-d creates the world; G-d reveals to Humanity the Torah and thru the Torah, Humanity redeems the world. Thus the three paragraphs about Creation, Revelation and Redemption, are also about the relationship between G-d, Humanity and the World. If each triad is charted as a triangle, than if you intersect the two triangles, you get the Star of David. (This was first explained by Franz Rozenweig in the 1800’s in his book “Star of Redemption”)
In short, these six concepts are the core of what Judaism is all about. Saying the Shema is similar to saying “This is what I believe about the world” and is an appropriate “pledge of allegiance” to the Jewish People and to Judaism. This is why this prayer is so very important and why it is recited twice a day.
I have some questions from last week’s lesson on Tallit and Tzitzit:
J. Weiss writes: I met someone a few weeks ago who told me that he came to Sinai one Shabbat morning to see what our shul is like. He follows this custom that you mentioned, (about not wearing a Tallit until one is married) and he told me that the ushers at Sinai insisted he wear a Tallit despite his personal practice. Is this a custom that would be kept by individuals/families or is it more community wide?
I respond: The usher was in error. Alas sometimes we all get too involved with the rules. No, a person with the custom of not wearing a Tallit until married does not have to wear a Tallit to shul unless he is called to the bima. On the bima, he should wear a Tallit. It should also be understood that such a man would also be wearing a Tallit katan. If he does not wear a Tallit katan, than he is in violation of the mitzvah of Tzitzit
I wrote last week: Scripture makes this commandment the equal of all the other commandments when it says; “you shall see it and remember all the commandments of G-d”. It is in force everywhere and at every time, for men but not for women.
Marjut Herzog writes: I have read that historically women wore tefillin, but historically did women also have the option of placing Tzitzit on their robes/dresses? Is it possible to take this mitzvah on by wearing the Tallit katan so that even though I cannot come to the synagogue and pray easily (with a small child) I can fulfill this mitzvah at home (while I am doing the spiritual duties of raising a child and keeping a home also supposedly equal to men’s Mitzvot). I really think this may be a lovely way to feel more connected – have other women considered this – I am not so thrilled with that last sentence because it sounds like man is putting word’s into Hashem’s commandment…
I respond: I have not seen anywhere that women put fringes on the corner of their garments. There is an article on mens and womens garments in Yigdal Yadin’s book on Massada. There is no reason in Jewish law that prevents a woman from wearing the Tallit Katan but I have not ever seen it done. If it is meaningful to you, than by all means you should give it a try. As for the men vs. women at the end of each Mitzvah, This is a reflection of the Rabbinic law that states women are excused from most Mitzvot that are positive and time bound. That is all positive commandments that must be performed at a set time. (There are exceptions, however, like candle lighting) “Excused” does not mean “prohibited”, so if you wish, the Mitzvah is open to you and to other women.
Finally, an item sent to me by R.diCapua that I will share with you without comment because, honestly, it is interesting but not relevant to the Mitzvot. I should note that the dye from the Murex snail is traditionally the source of the blue that was used in making Tzitzit in ancient times. There is a movement today to bring the dye back into use and you can see Tzitzit today with a blue thread (I myself wear them on weekdays)
A recent article by two Belgian scientists has revealed a fascinating "coincidence." J. Wouters and A. Verhecken studied the characteristics of the different dye molecules obtained from the Murex trunculus snail. One of the measurements was the absorption spectrum of the molecule. Light is made up of many colors (the spectrum) measured in units of nanometers (nm). Our eyes perceive color in a complex fashion based on the various combinations of colors of light that strike it. For example, gold absorbs blue light and reflects the rest. When our eye sees all the colors of the spectrum with blue taken out, it perceives the color as gold. Ultimately, however, the color we see is determined entirely by what colors something absorbs and what is reflected. The tekhelet molecule (indigotin) gets its color from a strong absorption peak centered at 613 nanometers!
Next week: Mitzvah 12: Affixing a Mezuzah on the Door
Monday, December 5, 2005
HMS Volume 2: Number 9 - Mitzvah 10: To put fringes on the corners of our garments
Halacha L’Moshe MiSinai
Volume 2: Number 9
December 5, 2005
Mitzvah 10: To put fringes on the corners of our garments
Mitzvah 10
It is a positive commandment to make fringes at the corner of their garments.
Hafetz Hayim: Scripture states, “that they shall make themselves fringes on the corners of their garments” (Numbers 15:28). It must be a garment worn by day, which has four corners or more and it is large enough for a small boy who is old enough to walk in the street without someone to watch over him. It should be able to cover the head and most of the body and it should be made of wool or linen. Then it requires the fringes on the corners according to the Torah. The Sages expand this law to include garments made of other kinds of cloth. A child who knows how to wear the garment, that is, with two fringes in the front and two in the back, has this obligation to wear fringes. Scripture makes this commandment the equal of all the other commandments when it says; “you shall see it and remember all the commandments of G-d”. It is in force everywhere and at every time, for men but not for women.
Clearly the Hafetz Hayim is talking about a Tallit, a four-cornered garment that has special fringes on the corner. He is also talking about what is called a “Tallit Katan” or a small Tallit, usually worn under the shirt all day every day, including Shabbat and Holidays. Some wear it with the fringes hanging out; others wear it with the fringes inside. All boys old enough to know how to wear it wear the Tallit Katan. The Tallit is often only worn by adult males (older than 13 years old). There is also an old custom that the Tallit should only be worn by adult males who are already married.
The key to the garment are the fringes. These fringes are the symbol of the commitment to all of the Mitzvot. How is this done? The fringe itself is four white threads (sometimes one of these is ½ blue) One of the threads is much longer than the other three. (If there is a blue thread, this will be the long one) The ends are pushed through the hole in the corner of the garment and the ends are all put together, the bundle is folded so that seven ends are all equal. The longer thread is then wound around the bundle. First there is a double knot, then the cord is wound around the bundle 7 times, another double knot, then it is wound eight times, another double knot, then it is wound around 11 times, another double knot and then it is wound 13 times around the bundle and is finished with a final double knot. The double knots are tied with all four strings. This leaves you with eight fringes (only one of which is blue) and five double knots. The word for “fringes” in Hebrew is “Tzitzit”; it is spelled with a tzadik, yod, tzadik, yod, and tav. Each Hebrew letter stands for a number. The tzadik is 90, the yod is 10, and the tav equals 400. Add them all together (90 + 10 + 90 + 10 + 400 = 600) add to this the five knots and the eight strings and the total is 613, the traditional number of Mitzvot in the Torah.
Fringes are only worn during daylight hours, this is because you have to see the fringe to remember the Mitzvot, and you can’t see them at night. The only time a Tallit is worn at night is at Kol Nidre services since the Yom Kippur service is considered one long service, so the Tallit is put on before sunset and left on all night, then put on again in the morning and left on all day. There is a blessing that is recited when the Tallit or Tallit Katan is put on. You only have to say it once a day as long as you intend to put it back on when you take it off (for example, to go to the bathroom, where it would not be proper to wear a Tallit). Some people wrap the Tallit around their heads while reciting the blessing, to fully wrap themselves in the Mitzvot. Some also use that time, enwrapped in the Tallit for personal meditation and prayer.
Next week: Mitzvah 11: Reciting the Shema twice a day
Volume 2: Number 9
December 5, 2005
Mitzvah 10: To put fringes on the corners of our garments
Mitzvah 10
It is a positive commandment to make fringes at the corner of their garments.
Hafetz Hayim: Scripture states, “that they shall make themselves fringes on the corners of their garments” (Numbers 15:28). It must be a garment worn by day, which has four corners or more and it is large enough for a small boy who is old enough to walk in the street without someone to watch over him. It should be able to cover the head and most of the body and it should be made of wool or linen. Then it requires the fringes on the corners according to the Torah. The Sages expand this law to include garments made of other kinds of cloth. A child who knows how to wear the garment, that is, with two fringes in the front and two in the back, has this obligation to wear fringes. Scripture makes this commandment the equal of all the other commandments when it says; “you shall see it and remember all the commandments of G-d”. It is in force everywhere and at every time, for men but not for women.
Clearly the Hafetz Hayim is talking about a Tallit, a four-cornered garment that has special fringes on the corner. He is also talking about what is called a “Tallit Katan” or a small Tallit, usually worn under the shirt all day every day, including Shabbat and Holidays. Some wear it with the fringes hanging out; others wear it with the fringes inside. All boys old enough to know how to wear it wear the Tallit Katan. The Tallit is often only worn by adult males (older than 13 years old). There is also an old custom that the Tallit should only be worn by adult males who are already married.
The key to the garment are the fringes. These fringes are the symbol of the commitment to all of the Mitzvot. How is this done? The fringe itself is four white threads (sometimes one of these is ½ blue) One of the threads is much longer than the other three. (If there is a blue thread, this will be the long one) The ends are pushed through the hole in the corner of the garment and the ends are all put together, the bundle is folded so that seven ends are all equal. The longer thread is then wound around the bundle. First there is a double knot, then the cord is wound around the bundle 7 times, another double knot, then it is wound eight times, another double knot, then it is wound around 11 times, another double knot and then it is wound 13 times around the bundle and is finished with a final double knot. The double knots are tied with all four strings. This leaves you with eight fringes (only one of which is blue) and five double knots. The word for “fringes” in Hebrew is “Tzitzit”; it is spelled with a tzadik, yod, tzadik, yod, and tav. Each Hebrew letter stands for a number. The tzadik is 90, the yod is 10, and the tav equals 400. Add them all together (90 + 10 + 90 + 10 + 400 = 600) add to this the five knots and the eight strings and the total is 613, the traditional number of Mitzvot in the Torah.
Fringes are only worn during daylight hours, this is because you have to see the fringe to remember the Mitzvot, and you can’t see them at night. The only time a Tallit is worn at night is at Kol Nidre services since the Yom Kippur service is considered one long service, so the Tallit is put on before sunset and left on all night, then put on again in the morning and left on all day. There is a blessing that is recited when the Tallit or Tallit Katan is put on. You only have to say it once a day as long as you intend to put it back on when you take it off (for example, to go to the bathroom, where it would not be proper to wear a Tallit). Some people wrap the Tallit around their heads while reciting the blessing, to fully wrap themselves in the Mitzvot. Some also use that time, enwrapped in the Tallit for personal meditation and prayer.
Next week: Mitzvah 11: Reciting the Shema twice a day
Monday, November 14, 2005
HMS Volume 2: Number 8 - Mitzvah #8 & 9: To Wear Tephillin
Halacha L’Moshe MiSinai
Volume 2: Number 8
November 14, 2005
Mitzvah #8 & 9: To Wear Tephillin
Mitzvah 8 & 9
It is a positive commandment to bind tephillin on your arm
It is a positive commandment to put tephillin on your head
Hafetz Hayim: Scripture states, “And you shall bind them for a sign upon your hand and they shall be for frontlets between your eyes.” (Deut. 6:8) The place to put tephillin on your arm is on the biceps, at the raised part. The place to put the head tephillin is at the spot where an infant’s skull is soft. The boxes contain parchments of scripture that speak of accepting the yoke of the kingship of heaven. In the head tephillin there are four compartments with a parchment in each compartment. In the hand tephillin, there is one compartment and all four verses are on one parchment in that box. Wearing tephillin requires a clean body. Wearing tephillin on a clean body lengthens one’s life. (See Jeremiah 38:16 and the Rashi in the Talmud Menachot44b) One should touch the tephillin from time to time while wearing them so as not to take our mind off of them even for a moment. While wearing tephillin one should be humble, G-d fearing and should not be drawn into frivolity or idle talk. They should encourage one to think of words of truth. It is in force everywhere and at every time, for men but not for women.
There is a lot to cover here. Hand tephillin is worn on the bicep of the “weaker” arm. If you are right handed, it is put on the left arm. If you are a leftie, it goes on your right arm. It is affixed right on the bicep and the slipknot is tightened. The long strap is then wound seven times around the lower part of the arm between the elbow and the wrist. The slack is wound around the hand. Then the head tephillin are placed with the knot at the base of the skull and the box just above the hairline (or where the hairline used to be) the knot is fixed so it must be sized for the head of the one who wears it. Both boxes must rest on the body with nothing between the box and the skin/hair. There are two blessings, one for each box as it is placed on the body. There is a third passage that is recited when one winds the straps of the arm tephillin around the hand (after the head tephillin is in place). This strap is wound around the middle finger three times and then worn in a way that spells out the Hebrew word “Shaddai” which is a name for G-d. Tephillin is worn on weekdays and not on Shabbat or Holidays.
The body must be clean lest the dirt create a barrier between the box and the skin. The passages in the boxes are from the Torah and refer to wearing tephillin. When one wears them for the first time it is awkward, but with time, it become very natural. Wearing tephillin slows us down when we pray so that we can concentrate on the words that we are saying. The parchments inside do fade over time and should be checked and repaired once every seven years or so. A Sofer, a scribe who writes a Torah or a mezuzah can repair tephillin as well.
To the Hafetz Hayim, only men wear tephillin, but in the Conservative Movement women can wear tephillin as well. It is not a “one time” decision, however. Women who wish to wear tephillin should commit to wearing it daily for the foreseeable future, and not just to seem fashionable or due to peer pressure. It should remind all wearers of the importance of daily prayer and to help focus on the words that we pray.
Next week: Mitzvah 10: To put fringes on the corners of our garments
Gabriel Greenberg asks: You say that "It is necessary to pray with the focused attention of the heart; one should turn his heart away from every thought, and she should see himself as though standing before the presence of G-d." I'm taking a course this semester in historical trends of Jewish mysticism and this method of "turn(ing) his heart away from every thought" sounds very similar to that of the ecstatic kabbalah practiced by Abraham Abulafia. From what I've learned in this course, Abulafia prescribes a method of meditation in which the first step is clearing the mind of all earthly things. I guess my question is, to what extent have Jewish mystical tendencies influenced the way Jews of all groups (Orthodox, Conservative, and Reformed) pray? I understand that all Hasidic groups are of a mystical bent, but the passage quoted above seems to indicate that all Jews, at least when they are praying, should be aspiring to a mystical "meeting with G-d." Is this the case, or am I misinterpreting some nuances of the lesson?
Rabbi responds: While mainstream Judaism and Kabbalistic Judaism seem to differ over how one should concentrate on the words they pray, both agree that one should focus on the words we pray and not let them become rote. The Sages of the Talmud used to take an hour to warm up to be ready to pray. Abulafia spells out a particularly kabbalistic way to get focused on prayer, but all Jews must learn, in one way or another, to focus their minds and hearts on the words we pray.
Riccardo Di Capua writes: Maybe He does not get anything from our prayers; maybe He does not hear them; maybe He does not even care. The fourth reason is that we pray because man NEEDS to pray, regardless. There is a support website for a particularly cruel disease. One column deals with what the patient can, should, cannot and should not do when stricken by it. The column on the other side of the website deals with the immediate family. Item Number One is "Pray: it will make you feel better." There is no mention of speedy return to health, but rather as you so aptly put it, changes the way the family members live each terrible day.
Rabbi responds: We can never know what G-d gets from our prayers. G-s is so far beyond our conception that it is hard to understand how our finite words can affect an infinite G-d. But as I said and you so ably illustrated, Prayer has the ability to change the way we see the world and our place within it. It is said that President Lincoln, during the battle of Gettysburg, left the situation room at the White House and returned a short time later with his stress greatly reduced. When asked where he went, he is said to have replied, “I went to pray. I told G-d that I had done all I could to save the Union and now it was in His hands. I am not as worried anymore since whatever may happen is G-d’s will”. Did G-d want the Union to be saved? Who knows?! But prayer certainly helped President Lincoln through some hard times.
Volume 2: Number 8
November 14, 2005
Mitzvah #8 & 9: To Wear Tephillin
Mitzvah 8 & 9
It is a positive commandment to bind tephillin on your arm
It is a positive commandment to put tephillin on your head
Hafetz Hayim: Scripture states, “And you shall bind them for a sign upon your hand and they shall be for frontlets between your eyes.” (Deut. 6:8) The place to put tephillin on your arm is on the biceps, at the raised part. The place to put the head tephillin is at the spot where an infant’s skull is soft. The boxes contain parchments of scripture that speak of accepting the yoke of the kingship of heaven. In the head tephillin there are four compartments with a parchment in each compartment. In the hand tephillin, there is one compartment and all four verses are on one parchment in that box. Wearing tephillin requires a clean body. Wearing tephillin on a clean body lengthens one’s life. (See Jeremiah 38:16 and the Rashi in the Talmud Menachot44b) One should touch the tephillin from time to time while wearing them so as not to take our mind off of them even for a moment. While wearing tephillin one should be humble, G-d fearing and should not be drawn into frivolity or idle talk. They should encourage one to think of words of truth. It is in force everywhere and at every time, for men but not for women.
There is a lot to cover here. Hand tephillin is worn on the bicep of the “weaker” arm. If you are right handed, it is put on the left arm. If you are a leftie, it goes on your right arm. It is affixed right on the bicep and the slipknot is tightened. The long strap is then wound seven times around the lower part of the arm between the elbow and the wrist. The slack is wound around the hand. Then the head tephillin are placed with the knot at the base of the skull and the box just above the hairline (or where the hairline used to be) the knot is fixed so it must be sized for the head of the one who wears it. Both boxes must rest on the body with nothing between the box and the skin/hair. There are two blessings, one for each box as it is placed on the body. There is a third passage that is recited when one winds the straps of the arm tephillin around the hand (after the head tephillin is in place). This strap is wound around the middle finger three times and then worn in a way that spells out the Hebrew word “Shaddai” which is a name for G-d. Tephillin is worn on weekdays and not on Shabbat or Holidays.
The body must be clean lest the dirt create a barrier between the box and the skin. The passages in the boxes are from the Torah and refer to wearing tephillin. When one wears them for the first time it is awkward, but with time, it become very natural. Wearing tephillin slows us down when we pray so that we can concentrate on the words that we are saying. The parchments inside do fade over time and should be checked and repaired once every seven years or so. A Sofer, a scribe who writes a Torah or a mezuzah can repair tephillin as well.
To the Hafetz Hayim, only men wear tephillin, but in the Conservative Movement women can wear tephillin as well. It is not a “one time” decision, however. Women who wish to wear tephillin should commit to wearing it daily for the foreseeable future, and not just to seem fashionable or due to peer pressure. It should remind all wearers of the importance of daily prayer and to help focus on the words that we pray.
Next week: Mitzvah 10: To put fringes on the corners of our garments
Gabriel Greenberg asks: You say that "It is necessary to pray with the focused attention of the heart; one should turn his heart away from every thought, and she should see himself as though standing before the presence of G-d." I'm taking a course this semester in historical trends of Jewish mysticism and this method of "turn(ing) his heart away from every thought" sounds very similar to that of the ecstatic kabbalah practiced by Abraham Abulafia. From what I've learned in this course, Abulafia prescribes a method of meditation in which the first step is clearing the mind of all earthly things. I guess my question is, to what extent have Jewish mystical tendencies influenced the way Jews of all groups (Orthodox, Conservative, and Reformed) pray? I understand that all Hasidic groups are of a mystical bent, but the passage quoted above seems to indicate that all Jews, at least when they are praying, should be aspiring to a mystical "meeting with G-d." Is this the case, or am I misinterpreting some nuances of the lesson?
Rabbi responds: While mainstream Judaism and Kabbalistic Judaism seem to differ over how one should concentrate on the words they pray, both agree that one should focus on the words we pray and not let them become rote. The Sages of the Talmud used to take an hour to warm up to be ready to pray. Abulafia spells out a particularly kabbalistic way to get focused on prayer, but all Jews must learn, in one way or another, to focus their minds and hearts on the words we pray.
Riccardo Di Capua writes: Maybe He does not get anything from our prayers; maybe He does not hear them; maybe He does not even care. The fourth reason is that we pray because man NEEDS to pray, regardless. There is a support website for a particularly cruel disease. One column deals with what the patient can, should, cannot and should not do when stricken by it. The column on the other side of the website deals with the immediate family. Item Number One is "Pray: it will make you feel better." There is no mention of speedy return to health, but rather as you so aptly put it, changes the way the family members live each terrible day.
Rabbi responds: We can never know what G-d gets from our prayers. G-s is so far beyond our conception that it is hard to understand how our finite words can affect an infinite G-d. But as I said and you so ably illustrated, Prayer has the ability to change the way we see the world and our place within it. It is said that President Lincoln, during the battle of Gettysburg, left the situation room at the White House and returned a short time later with his stress greatly reduced. When asked where he went, he is said to have replied, “I went to pray. I told G-d that I had done all I could to save the Union and now it was in His hands. I am not as worried anymore since whatever may happen is G-d’s will”. Did G-d want the Union to be saved? Who knows?! But prayer certainly helped President Lincoln through some hard times.
HMS Volume 2: Number 7 - Mitzvah #7: To Pray to G-d
Halacha L’Moshe MiSinai
Volume 2: Number 7
November 14, 2005
Mitzvah #7: To Pray to G-d
Mitzvah 7
It is a positive commandment to pray every day to G-d.
Hafetz Hayim: Scripture states, “and to serve Him with all your heart.” (Deut. 11:13) What is service of the heart? - Prayer. The commandment is that a person should relate the praises of the Holy One after that he should ask for his needs and after that, he is to give praise and thanks to G-d. It is necessary to pray with the focused attention of the heart; one should turn his heart away from every thought, and she should see himself as though standing before the presence of G-d. He should not produce his prayer like someone who id carrying a burden and throws it down and goes his way. Neither should he pray with a troubled and disturbed mind. It is in force everywhere and at every time, for both men and women.
According to the Hafetz Hayyim, and many other sages, there are three reasons to pray. The first is to accept G-d as the ruler of the universe as well as the sovereign of our life. The second is to be able to ask G-d for that which we need. The third reason is to thank G-d for the many blessings we receive from the Divine hand daily. The three daily prayer services, Shacharit, Mincha and Maariv (Morning, Afternoon and Evening) all contain elements of all three. The Shema is our accepting the sovereignty of G-d, the Amidah is our list of petitions and every blessing we recite is a way of saying thanks for all that G-d does in our life.
Every Sage is also crystal clear that our prayer should not be rote, meaningless or mindless. We need to think about what we are saying and why we are saying it. Prayer is not a burden that we have to bear and we perform grudgingly or when we are distracted. We need to be fully alert to our need to pray, to the words that we pray and to the way in which we say those words. We should consider ourselves as standing face to face with the all-powerful ruler of the universe. That ruler wants to hear from us and we need to speak to G-d. But we cannot be distracted even a little bit lest we show ourselves to be ungrateful and unconcerned. Extending this even further, some sages maintain that EVERY word we speak, even our discussions with our spouse and children, are also words of prayer and we should every moment “Know before Whom we stand” This is not “Big Brother” watching us, nor is it meant to make us guilty or paranoid. It only means that we should consider every moment as if we are standing before G-d and to live our lives accordingly. All that we do is thus a “prayer” to G-d.
This does not mean that we cannot be angry, hurt or disappointed with G-d. We are expected to open our hearts to G-d and pour the pain in our soul into the conversation. Just as we eat when we are hungry, we pray when we are angry, hurt or disappointed. We can yell at G-d if we feel the need to yell. And if life is frustrating or disappointing we can vent our frustration or disappointment to G-d. G-d has big shoulders and can handle our “complaints”
We must also be very careful to thank G-d for the blessings of life, love and health that rain down upon us at every moment. We cannot take such blessings for granted and we must not take G-d for granted in our life. Gratitude is one of the highest forms of prayer and it is suggested that we recite 100 blessings a day. Since each blessing is a way of thanking G-d, it implies that we have no less than 100 reasons to thank G-d daily.
I do not know what G-d gets from our prayers, but I know for certain that prayer can change the way we see our lives and the way we live each day. Don’t say, “I will pray when I have time.” Rather pray first and all the other parts of our life will reap the benefits.
Next week: Mitzvot 8 and 9: To Wear Tephillin
Brenda Horowitz asks: (Concerning Mitzvah 6, emulating G-d) How does this idea mesh with the story of Zusya: "G-d will not ask why I was not as great as Moshe; He will ask why I was not as great as Zusya!" That is, does G-d judge us by how closely we can emulate Him, or by how much we live up to our own potential? (Or are those two things the same?)I reply: The two are really the same. The Sages are quick to point out that one cannot fully replicate all that G-d does in the world. G-d is, after all G-d, and we are only human. We can, at best, only emulate G-d when G-d is “emulating” human beings. If it is good enough for G-d to take the time to do, we should be doing it too. But this implies that we can only do this to the best of our abilities. If we are sick, we may not be able to visit others who are sick. If we are disabled, we may not be able to help bury the dead. G-d will not hold us to account for the things we were not able to do, only for the things we COULD do but did not.
Volume 2: Number 7
November 14, 2005
Mitzvah #7: To Pray to G-d
Mitzvah 7
It is a positive commandment to pray every day to G-d.
Hafetz Hayim: Scripture states, “and to serve Him with all your heart.” (Deut. 11:13) What is service of the heart? - Prayer. The commandment is that a person should relate the praises of the Holy One after that he should ask for his needs and after that, he is to give praise and thanks to G-d. It is necessary to pray with the focused attention of the heart; one should turn his heart away from every thought, and she should see himself as though standing before the presence of G-d. He should not produce his prayer like someone who id carrying a burden and throws it down and goes his way. Neither should he pray with a troubled and disturbed mind. It is in force everywhere and at every time, for both men and women.
According to the Hafetz Hayyim, and many other sages, there are three reasons to pray. The first is to accept G-d as the ruler of the universe as well as the sovereign of our life. The second is to be able to ask G-d for that which we need. The third reason is to thank G-d for the many blessings we receive from the Divine hand daily. The three daily prayer services, Shacharit, Mincha and Maariv (Morning, Afternoon and Evening) all contain elements of all three. The Shema is our accepting the sovereignty of G-d, the Amidah is our list of petitions and every blessing we recite is a way of saying thanks for all that G-d does in our life.
Every Sage is also crystal clear that our prayer should not be rote, meaningless or mindless. We need to think about what we are saying and why we are saying it. Prayer is not a burden that we have to bear and we perform grudgingly or when we are distracted. We need to be fully alert to our need to pray, to the words that we pray and to the way in which we say those words. We should consider ourselves as standing face to face with the all-powerful ruler of the universe. That ruler wants to hear from us and we need to speak to G-d. But we cannot be distracted even a little bit lest we show ourselves to be ungrateful and unconcerned. Extending this even further, some sages maintain that EVERY word we speak, even our discussions with our spouse and children, are also words of prayer and we should every moment “Know before Whom we stand” This is not “Big Brother” watching us, nor is it meant to make us guilty or paranoid. It only means that we should consider every moment as if we are standing before G-d and to live our lives accordingly. All that we do is thus a “prayer” to G-d.
This does not mean that we cannot be angry, hurt or disappointed with G-d. We are expected to open our hearts to G-d and pour the pain in our soul into the conversation. Just as we eat when we are hungry, we pray when we are angry, hurt or disappointed. We can yell at G-d if we feel the need to yell. And if life is frustrating or disappointing we can vent our frustration or disappointment to G-d. G-d has big shoulders and can handle our “complaints”
We must also be very careful to thank G-d for the blessings of life, love and health that rain down upon us at every moment. We cannot take such blessings for granted and we must not take G-d for granted in our life. Gratitude is one of the highest forms of prayer and it is suggested that we recite 100 blessings a day. Since each blessing is a way of thanking G-d, it implies that we have no less than 100 reasons to thank G-d daily.
I do not know what G-d gets from our prayers, but I know for certain that prayer can change the way we see our lives and the way we live each day. Don’t say, “I will pray when I have time.” Rather pray first and all the other parts of our life will reap the benefits.
Next week: Mitzvot 8 and 9: To Wear Tephillin
Brenda Horowitz asks: (Concerning Mitzvah 6, emulating G-d) How does this idea mesh with the story of Zusya: "G-d will not ask why I was not as great as Moshe; He will ask why I was not as great as Zusya!" That is, does G-d judge us by how closely we can emulate Him, or by how much we live up to our own potential? (Or are those two things the same?)I reply: The two are really the same. The Sages are quick to point out that one cannot fully replicate all that G-d does in the world. G-d is, after all G-d, and we are only human. We can, at best, only emulate G-d when G-d is “emulating” human beings. If it is good enough for G-d to take the time to do, we should be doing it too. But this implies that we can only do this to the best of our abilities. If we are sick, we may not be able to visit others who are sick. If we are disabled, we may not be able to help bury the dead. G-d will not hold us to account for the things we were not able to do, only for the things we COULD do but did not.
Monday, November 7, 2005
HMS Volume 2: Number 6 - Mitzvah #6: To Walk in G-d’s Ways
Halacha L’Moshe MiSinai
Volume 2: Number 6
November 7, 2005
Mitzvah #6: To Walk in G-d’s Ways
Mitzvah 6
It is a positive commandment to walk in the ways of G-d with all of one’s ability.
Hafetz Hayim: This is based on Deut. 28:9. Our Sages learned (Sifre Devarim, 11:22) That this commandment means: As the Holy One is called gracious, you also be gracious. As the Holy One is called compassionate, you also be compassionate. As the Holy One is described as merciful, you also be merciful. And so with all the qualities by which the Holy One is described: a person needs to model himself after Him and walk in His ways. It applies everywhere, at every time for both men and women.
The Rabbis of the Talmud were very aware of the differences between the divine G-d and the very finite nature of humanity. Is it possible for human beings to be G-d like? Can we walk in the same way that G-d “walks”? We know that this is impossible. We know that as human beings we cannot aspire to be a G-d. So what does this Mitzvah mean?
At the very beginning of the Torah, G-d performs an act of kindness. G-d makes clothing for the naked Adam and Eve before they leave the Garden of Eden. We learn from this that just as G-d makes the effort to clothe the naked, so too we must make the effort to be kind to others by clothing the naked. At the very end of the Torah G-d performs another act of kindness. G-d buries Moses after he has died. There is no one else there to perform this Mitzvah on Moses’ behalf, so G-d buries this great man. Just as G-d makes the effort to bury the dead, so too we must make the effort to see to it that all people have a proper burial regardless of ability to pay.
I can even take this a step further. In the book of Genesis, G-d reveals to Abraham and Sarah that by this time next year, they will be the parents of a baby boy. Abraham and Sarah are not in the same room when this is announced. Sarah hears the announcement and laughs and says to herself, “Not that I am withered, am I to have enjoyment with my husband so old?” While she did not say it aloud, G-d hears her anyway and asks Abraham, “Why did Sarah laugh, saying, Shall I in truth bear a child, old as I am?” Sarah, of course, is mortified that G-d has heard her laughter and her slight against her husband, but G-d has deliberately misquoted Sarah’s words so that Abraham will not be embarrassed or hurt by Sarah’s laughter. Just as G-d misquotes (lies?) to create harmony and peace in a home, so too we should be careful to not cause discord between a husband or wife or between parents and children.
We study the Torah, we study the Bible to understand how G-d operates in this finite world, and use G-d’s actions as a template for how we are supposed to act in the world. When we imitate the actions of G-d we show our loyalty and support for G-d. When we make G-d our mentor in life, we will live better, kinder and fuller lives.
Next week: Mitzvah 7: To Pray to G-d
Volume 2: Number 6
November 7, 2005
Mitzvah #6: To Walk in G-d’s Ways
Mitzvah 6
It is a positive commandment to walk in the ways of G-d with all of one’s ability.
Hafetz Hayim: This is based on Deut. 28:9. Our Sages learned (Sifre Devarim, 11:22) That this commandment means: As the Holy One is called gracious, you also be gracious. As the Holy One is called compassionate, you also be compassionate. As the Holy One is described as merciful, you also be merciful. And so with all the qualities by which the Holy One is described: a person needs to model himself after Him and walk in His ways. It applies everywhere, at every time for both men and women.
The Rabbis of the Talmud were very aware of the differences between the divine G-d and the very finite nature of humanity. Is it possible for human beings to be G-d like? Can we walk in the same way that G-d “walks”? We know that this is impossible. We know that as human beings we cannot aspire to be a G-d. So what does this Mitzvah mean?
At the very beginning of the Torah, G-d performs an act of kindness. G-d makes clothing for the naked Adam and Eve before they leave the Garden of Eden. We learn from this that just as G-d makes the effort to clothe the naked, so too we must make the effort to be kind to others by clothing the naked. At the very end of the Torah G-d performs another act of kindness. G-d buries Moses after he has died. There is no one else there to perform this Mitzvah on Moses’ behalf, so G-d buries this great man. Just as G-d makes the effort to bury the dead, so too we must make the effort to see to it that all people have a proper burial regardless of ability to pay.
I can even take this a step further. In the book of Genesis, G-d reveals to Abraham and Sarah that by this time next year, they will be the parents of a baby boy. Abraham and Sarah are not in the same room when this is announced. Sarah hears the announcement and laughs and says to herself, “Not that I am withered, am I to have enjoyment with my husband so old?” While she did not say it aloud, G-d hears her anyway and asks Abraham, “Why did Sarah laugh, saying, Shall I in truth bear a child, old as I am?” Sarah, of course, is mortified that G-d has heard her laughter and her slight against her husband, but G-d has deliberately misquoted Sarah’s words so that Abraham will not be embarrassed or hurt by Sarah’s laughter. Just as G-d misquotes (lies?) to create harmony and peace in a home, so too we should be careful to not cause discord between a husband or wife or between parents and children.
We study the Torah, we study the Bible to understand how G-d operates in this finite world, and use G-d’s actions as a template for how we are supposed to act in the world. When we imitate the actions of G-d we show our loyalty and support for G-d. When we make G-d our mentor in life, we will live better, kinder and fuller lives.
Next week: Mitzvah 7: To Pray to G-d
Tuesday, November 1, 2005
HMS Volume 2: Number 7 - Mitzvah #5: Sanctify G-d
Halacha L'Moshe MiSinai
Volume 2: Number 7
November 1, 2005
Mitzvah #5: Sanctify G-d
Mitzvah 5
It is a positive commandment sanctify G-d publicly.
Hafetz Hayim: This is based on Lev. 22:32. This we must do by submitting our life to death if necessary, and with all our might , to make His faith widely known. Thus if others wish to compel someone to turn away from our faith, he should not want at all to listen, but should submit his life to execution on account of this. Neither should he mislead the one compelling him to make him thimk that he has turned heretic, although in his heart he believes in G-d... If he one applying the force means to make him change his faith and it is in public, which means before 10 Jews, then even over any other transgressions, and even if it is not a time of persecution, the even in private he is to accept death sooner than trangress. If idol worship, consanguineous sexual relations or adultery, or bloodshed is involved ( as the act he is being forced to commit) then even in private, even when it is not a time of persecution and even if it is being done for the pleasure of the one forcing him, he is to accept death sooner than transgress. If he is in public and sanctifies the Divine name in public and openly, there is no deed higher than this. This is in force everywhere and at all time for both men and women.
It should be clear already that the term, "sanctify G-d" refers to martyrdom. Unfortunately this is a situation that Jews have found themselves in many time in history and the laws of martyrdom have been refined over the centuries. The Hafetz Hiyyim tries to say in a few words the complexity of these laws, and I will try and explain his thinking by expanding his thoughts.
Many authorities insist that one does not have to give up their life to sanctify the name of G-d. When we live a good, moral life, when we act with kindness to others and treat every person with consideration. When we go out of our way to display acts of compassion and concern, others will look at us and think AThis is the way a Jew behaves, this person is a credit to his or her faith, This person must be in awe of G-d and it must be a special G-d who demands this kind of life from those who are faithful.@ This is one way we are able to sanctify G-d.
We are commanded to give up our life to G-d and not transgress the commandments even if we are under duress when doing so will bring dishonor to G-d. It does not matter if it is in public or private, we must honor G-d and not give those who are cruel and unbelievers support in their misguided philosophies. The only difference is that in public we may not perform acts of dishonor because this may dishearten other Jews and cause them to violate mitzvot. In private we should not perform those acts but even an authority as Miamonidies admits that those who do violate in private should be treated with compassion because we do not really know what we would do if we were in the same position. In times of great peril, as during the Inquisition in Spain, it is permitted to live one life in public and in private, and in our hearts, keep strong our faith and our commitment to a Jewish life.
In three areas we must always die rather than violate these commandments. We must not kill another person to save our lives, we must not engage in forbidden sexual acts or adultery and we must not perform public acts of idolatry. We can not think our blood is redder than the one we are ordered to kill, we must not violate the person of any other person, for they are not less a person than we are, and we must not give public approval to any worship that is against our understanding of G-d. In all three cases, in public or private, we must not violate the law but accept death.
There is no higher mitzvah that to give our life to sanctify the name of G-d. Just remember that sometimes, just by doing the right thing, we can bring honor to G-d without endangering our lives. There is also a negative commandment that is associated with this mitzvah which is to not profane the name of G-d. We can not profane the name of G-d and must always act to sanctify G-d=s name.
Next week: Mitzvah 6: To walk in G-d's ways
Note: Due to the Holidays and Hurricane Wilma, there has been a hiatus of these lessons. I am happy to report that all is well, now, with me and my family and our damage is minimal. With G-d's help we will be able to get these messages out without further interruption.
Volume 2: Number 7
November 1, 2005
Mitzvah #5: Sanctify G-d
Mitzvah 5
It is a positive commandment sanctify G-d publicly.
Hafetz Hayim: This is based on Lev. 22:32. This we must do by submitting our life to death if necessary, and with all our might , to make His faith widely known. Thus if others wish to compel someone to turn away from our faith, he should not want at all to listen, but should submit his life to execution on account of this. Neither should he mislead the one compelling him to make him thimk that he has turned heretic, although in his heart he believes in G-d... If he one applying the force means to make him change his faith and it is in public, which means before 10 Jews, then even over any other transgressions, and even if it is not a time of persecution, the even in private he is to accept death sooner than trangress. If idol worship, consanguineous sexual relations or adultery, or bloodshed is involved ( as the act he is being forced to commit) then even in private, even when it is not a time of persecution and even if it is being done for the pleasure of the one forcing him, he is to accept death sooner than transgress. If he is in public and sanctifies the Divine name in public and openly, there is no deed higher than this. This is in force everywhere and at all time for both men and women.
It should be clear already that the term, "sanctify G-d" refers to martyrdom. Unfortunately this is a situation that Jews have found themselves in many time in history and the laws of martyrdom have been refined over the centuries. The Hafetz Hiyyim tries to say in a few words the complexity of these laws, and I will try and explain his thinking by expanding his thoughts.
Many authorities insist that one does not have to give up their life to sanctify the name of G-d. When we live a good, moral life, when we act with kindness to others and treat every person with consideration. When we go out of our way to display acts of compassion and concern, others will look at us and think AThis is the way a Jew behaves, this person is a credit to his or her faith, This person must be in awe of G-d and it must be a special G-d who demands this kind of life from those who are faithful.@ This is one way we are able to sanctify G-d.
We are commanded to give up our life to G-d and not transgress the commandments even if we are under duress when doing so will bring dishonor to G-d. It does not matter if it is in public or private, we must honor G-d and not give those who are cruel and unbelievers support in their misguided philosophies. The only difference is that in public we may not perform acts of dishonor because this may dishearten other Jews and cause them to violate mitzvot. In private we should not perform those acts but even an authority as Miamonidies admits that those who do violate in private should be treated with compassion because we do not really know what we would do if we were in the same position. In times of great peril, as during the Inquisition in Spain, it is permitted to live one life in public and in private, and in our hearts, keep strong our faith and our commitment to a Jewish life.
In three areas we must always die rather than violate these commandments. We must not kill another person to save our lives, we must not engage in forbidden sexual acts or adultery and we must not perform public acts of idolatry. We can not think our blood is redder than the one we are ordered to kill, we must not violate the person of any other person, for they are not less a person than we are, and we must not give public approval to any worship that is against our understanding of G-d. In all three cases, in public or private, we must not violate the law but accept death.
There is no higher mitzvah that to give our life to sanctify the name of G-d. Just remember that sometimes, just by doing the right thing, we can bring honor to G-d without endangering our lives. There is also a negative commandment that is associated with this mitzvah which is to not profane the name of G-d. We can not profane the name of G-d and must always act to sanctify G-d=s name.
Next week: Mitzvah 6: To walk in G-d's ways
Note: Due to the Holidays and Hurricane Wilma, there has been a hiatus of these lessons. I am happy to report that all is well, now, with me and my family and our damage is minimal. With G-d's help we will be able to get these messages out without further interruption.
Monday, September 12, 2005
HMS Volume 2: Number 5 - Mitzvah 3: Loving G-d
Halacha L’Moshe MiSinai
Volume 2: Number 5
9/12/2005
Mitzvah #3: Loving G-d
Mitzvah 3
It is a positive commandment to love G-d with all one’s heart, spirit and might.
Hafetz Hayim: This is based on Deut. 6:5. This is the way toward love for Him: When we will meditate on His activities until we comprehend Him to the extent of our ability, the heart will become inflamed with a love for Him; this is the love that is essential for us. … A man cannot love the Holy One except through knowledge, by comprehending Him; through this knowledge the affection comes. Therefore a person needs to set himself solely to understand and grow wise through he fields of wisdom and comprehension that convey the glory of his Maker, to the extent of the ability that a person has to understand and realize.
There are two problems with this Mitzvah. The first is how can we be commanded to love G-d? How can we be commanded to love anyone? Love is an emotion that cannot be commanded. And yet, we are commanded to love someone every day. We can choose a spouse to love. We can choose to have children to love. But Children cannot choose their parents and yet they have to love them. You could argue that much of the mental illness in the world is because children are trying to love a parent that is not worthy of that love. The love of G-d therefore is like the love of a parent. Why do we love our parents? We love them because of all the things that they give us; the most important thing is life itself. They gave us our life so we love them in return. It is the same with G-d. G-d gives life to us and to the universe, so we express our feelings by returning the love that G-d gives to us.
The Hafetz Hayim then goes on to insist that to properly love G-d we need to have knowledge of G-d. We have to contemplate the nature of G-d and to the extent that we as finite creatures can comprehend the infinite, we need to translate that knowledge into love. How do we do this? Think back to the days when you were a young child in your parent’s home. How could we show our parents we love them? We would tell them we loved them, but from time to time we did not follow their rules and they would get mad at us and we would wonder if their love would come to an end. That is a very scary thought. So what could we do, what did we know we should do, in order to show our parents that we love them?
Usually the answer would be pretty clear. If our parents would nag us to clean our room, than we would clean our room without being nagged. If our parents would remind us every night to take out the garbage, than we would take out the garbage without being reminded. I would venture to say that even if our parents are long deceased, we still show our love for them by many of the simple things we do everyday, from making the bed every morning, to eating a good breakfast, to being honest in our business or wearing clean underwear. Think about it, every minute of the day we can think of things we do because of the love we have for our parents and because of that love, not wanting them to be disappointed in our lives. So it is with G-d. We have the Torah. We know what G-d wants from us. So we live our lives trying to learn and understand Torah, G-d’s law, and by observing these commandments, without threat of retribution, we show our love of G-d. It is our knowledge that makes our love possible. That is the lesson of the Hafetz Hayim.
Next Week: Mitzvah #4: Fear G-d
Volume 2: Number 5
9/12/2005
Mitzvah #3: Loving G-d
Mitzvah 3
It is a positive commandment to love G-d with all one’s heart, spirit and might.
Hafetz Hayim: This is based on Deut. 6:5. This is the way toward love for Him: When we will meditate on His activities until we comprehend Him to the extent of our ability, the heart will become inflamed with a love for Him; this is the love that is essential for us. … A man cannot love the Holy One except through knowledge, by comprehending Him; through this knowledge the affection comes. Therefore a person needs to set himself solely to understand and grow wise through he fields of wisdom and comprehension that convey the glory of his Maker, to the extent of the ability that a person has to understand and realize.
There are two problems with this Mitzvah. The first is how can we be commanded to love G-d? How can we be commanded to love anyone? Love is an emotion that cannot be commanded. And yet, we are commanded to love someone every day. We can choose a spouse to love. We can choose to have children to love. But Children cannot choose their parents and yet they have to love them. You could argue that much of the mental illness in the world is because children are trying to love a parent that is not worthy of that love. The love of G-d therefore is like the love of a parent. Why do we love our parents? We love them because of all the things that they give us; the most important thing is life itself. They gave us our life so we love them in return. It is the same with G-d. G-d gives life to us and to the universe, so we express our feelings by returning the love that G-d gives to us.
The Hafetz Hayim then goes on to insist that to properly love G-d we need to have knowledge of G-d. We have to contemplate the nature of G-d and to the extent that we as finite creatures can comprehend the infinite, we need to translate that knowledge into love. How do we do this? Think back to the days when you were a young child in your parent’s home. How could we show our parents we love them? We would tell them we loved them, but from time to time we did not follow their rules and they would get mad at us and we would wonder if their love would come to an end. That is a very scary thought. So what could we do, what did we know we should do, in order to show our parents that we love them?
Usually the answer would be pretty clear. If our parents would nag us to clean our room, than we would clean our room without being nagged. If our parents would remind us every night to take out the garbage, than we would take out the garbage without being reminded. I would venture to say that even if our parents are long deceased, we still show our love for them by many of the simple things we do everyday, from making the bed every morning, to eating a good breakfast, to being honest in our business or wearing clean underwear. Think about it, every minute of the day we can think of things we do because of the love we have for our parents and because of that love, not wanting them to be disappointed in our lives. So it is with G-d. We have the Torah. We know what G-d wants from us. So we live our lives trying to learn and understand Torah, G-d’s law, and by observing these commandments, without threat of retribution, we show our love of G-d. It is our knowledge that makes our love possible. That is the lesson of the Hafetz Hayim.
Next Week: Mitzvah #4: Fear G-d
HMS Volume 2: Number 4 - The Second Mitzvah: The Unity Of G-d.
Halacha L’Moshe MiSinai
Volume 2: Number 4
9/12/2005
The Second Mitzvah: The Unity Of G-d.
Mitzvah 2
It is a positive commandment to know the unity of G-d, to believe the He is the one without any partner or associate.
Hafetz Hayim: Scripture states HEAR O ISRAEL, THE LORD OUR G-D, THE LORD IS ONE (Devarim 6:4) This is a main principle of our faith; after the first knowledge that there is a G-d in existence, it is necessary to believe with complete faith that He is simply, utterly one in the utmost degree of unity; He is not a physical being; no concepts about a physical being can apply to Him; nothing that can affect a physical being can affect Him; there is none second (like) to Him; and without Him there is no G-d. We are duty-bound to bear this in mind at every occasion and moment – both man and woman.
Judaism holds that there is only one G-d. No more, no less. In our day and age this is almost taken as a fact of life. Unless we are Hindu or practicing some ancient religion, we live in a world where the great faiths are all monotheistic, that is, they believe in only one G-d. This was not the case just a few hundred years ago. Paganism in all its many forms was widely believed. Even today, there are those who are quick to identify the ultimate power in their life as something that is not ultimate. They will worship their job, money, sex, or the acquisition of things as the source of true meaning in life. Some people worship nature, humanity or history. These are all false gods. These “religions’ are as false as declaring that there are many different powers in the universe. Any time we take that which is not ultimate and make it the ultimate in our life we are guilty of violating the commandment of the Unity of G-d.
It is also violated whenever we maintain that there is less than one G-d. That is, when we declare that there is no G-d in the universe. Either way we will damage Judaism in a critical fashion. When there is only one G-d in the universe, there can be only one law, only one Torah, only one path for us to follow and no excuses for us when we fail to live up to our obligations. In Judaism we can not claim, “The Devil made me do it.” For Judaism insists that we are personally responsible for our actions, and we are personally responsible for Knowing G-d and knowing what G-d expects from us.
This is why the declaration of faith, the citizenship oath in Judaism is the “Shema” the declaration from Deuteronomy that G-d is one. This is the beginning of what it means to be a Jew, there is a G-d and that G-d is our G-d and that G-d is One, Unique, Alone. The declaration of apostasy, that declares our separation from our faith is “There is no Justice and there is no Judge” a declaration that there is no G-d and what we do does not matter.
As we will see in the future Mitzvot, once we declare the existence and unity of G-d, we will have to see how that belief matters in human life. When there is a conflict in Judaism, we are quick to understand that conflict in the law as a conflict in human understanding. That there must be a correct way to practice Judaism and to live by Jewish law because there can be no competing deity in the universe. Whatever the Torah may say, it is the word of the Living G-d, and no other being.
There are times and places where Judaism talks about angels and a prosecuting angel that acts very much like a devil. But these divine creatures all serve G-d, the do not and cannot stand alone. We do not worship them, but only acknowledge that they are messengers of the divine. In the end there is only G-d, and in our dualistic world, G-d is the ultimate unity.
Next Week: Mitzvah #3: Loving G-d
Volume 2: Number 4
9/12/2005
The Second Mitzvah: The Unity Of G-d.
Mitzvah 2
It is a positive commandment to know the unity of G-d, to believe the He is the one without any partner or associate.
Hafetz Hayim: Scripture states HEAR O ISRAEL, THE LORD OUR G-D, THE LORD IS ONE (Devarim 6:4) This is a main principle of our faith; after the first knowledge that there is a G-d in existence, it is necessary to believe with complete faith that He is simply, utterly one in the utmost degree of unity; He is not a physical being; no concepts about a physical being can apply to Him; nothing that can affect a physical being can affect Him; there is none second (like) to Him; and without Him there is no G-d. We are duty-bound to bear this in mind at every occasion and moment – both man and woman.
Judaism holds that there is only one G-d. No more, no less. In our day and age this is almost taken as a fact of life. Unless we are Hindu or practicing some ancient religion, we live in a world where the great faiths are all monotheistic, that is, they believe in only one G-d. This was not the case just a few hundred years ago. Paganism in all its many forms was widely believed. Even today, there are those who are quick to identify the ultimate power in their life as something that is not ultimate. They will worship their job, money, sex, or the acquisition of things as the source of true meaning in life. Some people worship nature, humanity or history. These are all false gods. These “religions’ are as false as declaring that there are many different powers in the universe. Any time we take that which is not ultimate and make it the ultimate in our life we are guilty of violating the commandment of the Unity of G-d.
It is also violated whenever we maintain that there is less than one G-d. That is, when we declare that there is no G-d in the universe. Either way we will damage Judaism in a critical fashion. When there is only one G-d in the universe, there can be only one law, only one Torah, only one path for us to follow and no excuses for us when we fail to live up to our obligations. In Judaism we can not claim, “The Devil made me do it.” For Judaism insists that we are personally responsible for our actions, and we are personally responsible for Knowing G-d and knowing what G-d expects from us.
This is why the declaration of faith, the citizenship oath in Judaism is the “Shema” the declaration from Deuteronomy that G-d is one. This is the beginning of what it means to be a Jew, there is a G-d and that G-d is our G-d and that G-d is One, Unique, Alone. The declaration of apostasy, that declares our separation from our faith is “There is no Justice and there is no Judge” a declaration that there is no G-d and what we do does not matter.
As we will see in the future Mitzvot, once we declare the existence and unity of G-d, we will have to see how that belief matters in human life. When there is a conflict in Judaism, we are quick to understand that conflict in the law as a conflict in human understanding. That there must be a correct way to practice Judaism and to live by Jewish law because there can be no competing deity in the universe. Whatever the Torah may say, it is the word of the Living G-d, and no other being.
There are times and places where Judaism talks about angels and a prosecuting angel that acts very much like a devil. But these divine creatures all serve G-d, the do not and cannot stand alone. We do not worship them, but only acknowledge that they are messengers of the divine. In the end there is only G-d, and in our dualistic world, G-d is the ultimate unity.
Next Week: Mitzvah #3: Loving G-d
HMS Volume 2: Number 3 - The First Mitzvah: To Believe In The Existence Of G-D.
Halacha L’Moshe MiSinai
Volume 2: Number 3
9/12/2005
The First Mitzvah: To Believe In The Existence Of G-D.
Mitzvah 1
It is a positive Mitzvah to believe that there is a G-d in existence.
Hafetz Hayyim: He …brought all existing entities into being, and all the worlds, by His power and blessed wish. It is He who watches over everything. This is the foundation of our faith, and whoever does not believe this denies the very main principle [the one and only G-d], and he as no share or right among the Jewish people. We are duty bound to be ready to give life and our might and main for this belief. The main thing, though, to fix firmly in one’s heart and soul that this is the truth, and nothing other than this is possible. This applies at every occasion and moment, for both men and women.
HMS: When we say we believe in “one G-d” we say we believe in only “one G-d”; no more and no less. There cannot be more than one G-d and there cannot be less than one. We may not know very much about G-d. We can even be agnostic, but we cannot be Jewish and also be an atheist, someone who does not believe in G-d at all. In fact, the classic formulation of apostasy is to say, “There is no Justice and there is no Judge” effectively denying G-d.
Everything is Judaism depends on our belief in one G-d. Every Mitzvah, every Halacha, every moral encouragement, depends upon there being a caring G-d in the universe. Judaism maintains that there must be some good that comes from all that we are required to do, and the source of all that goodness comes from G-d.
Life is not random. The things that we do must make a difference, not just to us and those we are in contact with, but we have to make a difference in a cosmic/spiritual sense as well. All of the meaning in our lives depends first of all on the premise that there is a G-d, beyond our universe and beyond our understanding that is the source of all life in the universe. The Rabbis noted that Abraham was the first to understand this concept of a single Creator/Ruler of the universe. The Rabbis tell a story of Abraham seeing a great castle with lights burning in every room. Abraham enters the castle and walks from room to room and never sees a single person in the entire castle. Finally Abraham says, “Can it be that this castle has no master?” at which point G-d replies, “I am the master of this castle.” The argument therefore is one based on the evidence that we see in this world. We see a world that is ordered and which follows a given set of natural laws. Can it be that such a world could come into existence in a random manner? Can it be that all that we see does not have a “master”? It is the beauty and the organization of this world that leads us to our one G-d. Today we know many proofs about the existence of G-d and just as many proofs denying that existence. How are we supposed to know if G-d is real or not?
There is no way to ever know about the existence of G-d for sure. G-d is just too different and not a part of our physical universe. So in the end, we are left with the existence of G-d as an act of faith. It is a big leap of faith to be sure, but this one leap makes all of Judaism possible. We, of course, have the option of not believing in G-d, but I can say that such a position will not make anyone feel any better about their life and the way the world is unfolding around us. If the world is Random than all of life is meaningless and we end up just a speck in a vast void. Once we establish the existence of G-d, then we give our lives meaning and direction.
Now we can understand why this is the first Mitzvah on the list. Without it there is no need for any other Mitzvot. If we can focus our heart and soul on this one Mitzvah, than all the other actions in life will easily follow. If you are not sure, than the Mitzvah calls on all of us to act “as if” there is a G-d, and then let the rest of the Mitzvot fill in the meaning of our lives.
Next Week: Mitzvah #2: The Unity Of G-d.
Volume 2: Number 3
9/12/2005
The First Mitzvah: To Believe In The Existence Of G-D.
Mitzvah 1
It is a positive Mitzvah to believe that there is a G-d in existence.
Hafetz Hayyim: He …brought all existing entities into being, and all the worlds, by His power and blessed wish. It is He who watches over everything. This is the foundation of our faith, and whoever does not believe this denies the very main principle [the one and only G-d], and he as no share or right among the Jewish people. We are duty bound to be ready to give life and our might and main for this belief. The main thing, though, to fix firmly in one’s heart and soul that this is the truth, and nothing other than this is possible. This applies at every occasion and moment, for both men and women.
HMS: When we say we believe in “one G-d” we say we believe in only “one G-d”; no more and no less. There cannot be more than one G-d and there cannot be less than one. We may not know very much about G-d. We can even be agnostic, but we cannot be Jewish and also be an atheist, someone who does not believe in G-d at all. In fact, the classic formulation of apostasy is to say, “There is no Justice and there is no Judge” effectively denying G-d.
Everything is Judaism depends on our belief in one G-d. Every Mitzvah, every Halacha, every moral encouragement, depends upon there being a caring G-d in the universe. Judaism maintains that there must be some good that comes from all that we are required to do, and the source of all that goodness comes from G-d.
Life is not random. The things that we do must make a difference, not just to us and those we are in contact with, but we have to make a difference in a cosmic/spiritual sense as well. All of the meaning in our lives depends first of all on the premise that there is a G-d, beyond our universe and beyond our understanding that is the source of all life in the universe. The Rabbis noted that Abraham was the first to understand this concept of a single Creator/Ruler of the universe. The Rabbis tell a story of Abraham seeing a great castle with lights burning in every room. Abraham enters the castle and walks from room to room and never sees a single person in the entire castle. Finally Abraham says, “Can it be that this castle has no master?” at which point G-d replies, “I am the master of this castle.” The argument therefore is one based on the evidence that we see in this world. We see a world that is ordered and which follows a given set of natural laws. Can it be that such a world could come into existence in a random manner? Can it be that all that we see does not have a “master”? It is the beauty and the organization of this world that leads us to our one G-d. Today we know many proofs about the existence of G-d and just as many proofs denying that existence. How are we supposed to know if G-d is real or not?
There is no way to ever know about the existence of G-d for sure. G-d is just too different and not a part of our physical universe. So in the end, we are left with the existence of G-d as an act of faith. It is a big leap of faith to be sure, but this one leap makes all of Judaism possible. We, of course, have the option of not believing in G-d, but I can say that such a position will not make anyone feel any better about their life and the way the world is unfolding around us. If the world is Random than all of life is meaningless and we end up just a speck in a vast void. Once we establish the existence of G-d, then we give our lives meaning and direction.
Now we can understand why this is the first Mitzvah on the list. Without it there is no need for any other Mitzvot. If we can focus our heart and soul on this one Mitzvah, than all the other actions in life will easily follow. If you are not sure, than the Mitzvah calls on all of us to act “as if” there is a G-d, and then let the rest of the Mitzvot fill in the meaning of our lives.
Next Week: Mitzvah #2: The Unity Of G-d.
Monday, August 29, 2005
HMS Volume 2: Number 1 - Introduction to the Second Volume
Halacha L’Moshe MiSinai
Rabbi Randall J. Konigsburg
Volume 2: Number 1
8/29/2005
Introduction to the Second Volume
I began this series on February 12, 2003 with an introduction to the Jewish calendar. It seems that the past two years have flown by and we have covered an amazing amount of Halacha, Jewish Law, since that time.
When I went on my Sabbatical this year, and took a break from my weekly writing, I wondered what I would do to continue this very successful venture. We had, together covered most of the major topics of Jewish Law and many people who are on the list have sent me E-mails about how much they appreciate the lessons. What could I do to follow up on what we have learned and to add to what has been taught over the last two years.
Whenever I have a question like that, I always consult my wife, Michelle, who is not only a big fan, but also well-respected Jewish Educator. She suggested that I concentrate on one Sage, and expand those teachings with the point of view of Conservative (Masorti) Judaism. This is a new approach for me, as commentator on a text. I have, of course taught texts for many years and as I thought about her suggestion, I realized that in teaching texts I had, in fact, become a commentator on that text. I teach my students and the members of my congregation that every time someone writes a D’var Torah, a personal understanding of the weekly Torah portion, they are, in fact, participating in the longest running classroom discussion in the history of the world. So I set my mind to becoming a commentator on the works of some important Sage in Judaism.
But who? There are so many to choose from in Jewish History. There are the Bible commentators, the Sages of the Talmud, the medieval commentators, and those who have written in Modern times. I looked at book after book on my shelves looking for someone to try and explain their words in terms of Tradition and Change, the philosophy of our movement.
I finally saw a small volume I received many years ago, from Feldheim Publishers called, “The Concise Book of Mitzvoth, The Commandments Which Can Be Observed Today by the Chafetz Chaim. As every Bar Mitzvah student knows, there are 613 Mitzvot in Judaism. 248 Positive Commandments and 365 Negative Commandments. These Mitzvot are woven into the knots on our Tallit. The Hebrew word for “fringes” is “Tzitzit” which in Gematria (where each Hebrew Letter has a numerical equivalent) equals 600 and if you add the five knots and eight strings on the Tzitzit, you get 613. Thus we wrap ourselves in the Mitzvot when we wrap ourselves in our Tallit.
The book lists 77 Positive Mitzvot and 194 Negative Mitzvot that are in effect today. (It also notes another 26 Mitzvot that apply today only in the Land of Israel) Each one is listed with its source and a short comment from the Chafetz Chaim.
All of Judaism is based upon the Mitzvot of the Torah so this is an excellent opportunity to see the roots of modern Judaism and how it grew out of our ancient text. We will also have a chance to see how it affects our lives today. If you wish, you can order the book from Feldheim Press through their catalogue or through their website. It is not necessary to buy the book; I will quote the book directly and comment on its content.
Next Week: Introduction 2: Who is the Chafetz Chaim?
Rabbi Randall J. Konigsburg
Volume 2: Number 1
8/29/2005
Introduction to the Second Volume
I began this series on February 12, 2003 with an introduction to the Jewish calendar. It seems that the past two years have flown by and we have covered an amazing amount of Halacha, Jewish Law, since that time.
When I went on my Sabbatical this year, and took a break from my weekly writing, I wondered what I would do to continue this very successful venture. We had, together covered most of the major topics of Jewish Law and many people who are on the list have sent me E-mails about how much they appreciate the lessons. What could I do to follow up on what we have learned and to add to what has been taught over the last two years.
Whenever I have a question like that, I always consult my wife, Michelle, who is not only a big fan, but also well-respected Jewish Educator. She suggested that I concentrate on one Sage, and expand those teachings with the point of view of Conservative (Masorti) Judaism. This is a new approach for me, as commentator on a text. I have, of course taught texts for many years and as I thought about her suggestion, I realized that in teaching texts I had, in fact, become a commentator on that text. I teach my students and the members of my congregation that every time someone writes a D’var Torah, a personal understanding of the weekly Torah portion, they are, in fact, participating in the longest running classroom discussion in the history of the world. So I set my mind to becoming a commentator on the works of some important Sage in Judaism.
But who? There are so many to choose from in Jewish History. There are the Bible commentators, the Sages of the Talmud, the medieval commentators, and those who have written in Modern times. I looked at book after book on my shelves looking for someone to try and explain their words in terms of Tradition and Change, the philosophy of our movement.
I finally saw a small volume I received many years ago, from Feldheim Publishers called, “The Concise Book of Mitzvoth, The Commandments Which Can Be Observed Today by the Chafetz Chaim. As every Bar Mitzvah student knows, there are 613 Mitzvot in Judaism. 248 Positive Commandments and 365 Negative Commandments. These Mitzvot are woven into the knots on our Tallit. The Hebrew word for “fringes” is “Tzitzit” which in Gematria (where each Hebrew Letter has a numerical equivalent) equals 600 and if you add the five knots and eight strings on the Tzitzit, you get 613. Thus we wrap ourselves in the Mitzvot when we wrap ourselves in our Tallit.
The book lists 77 Positive Mitzvot and 194 Negative Mitzvot that are in effect today. (It also notes another 26 Mitzvot that apply today only in the Land of Israel) Each one is listed with its source and a short comment from the Chafetz Chaim.
All of Judaism is based upon the Mitzvot of the Torah so this is an excellent opportunity to see the roots of modern Judaism and how it grew out of our ancient text. We will also have a chance to see how it affects our lives today. If you wish, you can order the book from Feldheim Press through their catalogue or through their website. It is not necessary to buy the book; I will quote the book directly and comment on its content.
Next Week: Introduction 2: Who is the Chafetz Chaim?
Wednesday, May 4, 2005
HMS 5765-30 - Taharat HaMishpacha II - Sex Laws
This summary is not available. Please
click here to view the post.
Wednesday, April 27, 2005
HMS 5765-29 - Taharat HaMishpacha I - Introduction
Halacha L'Moshe Mi Sinai
Lessons in Memory of my brother Dale Alan Konigsburg
April 27, 2005 - Number 5765-29
Taharat HaMishpacha I - Introduction
Religions can be many things. They can open doors to new understandings of the spiritual realm. They can help us understand ourselves and guide our motivations to higher causes. A good religion can make meaning out of our life and direct us to the right path in every aspect of our lives. If a religion is to last for the long run, for a thousand years or more, however, it must also speak to the human condition. It has to help us live better lives. There are three major drives found in all humanity. A long term religion has to help us with these three drives.
The first drive is hunger. When we are without food for long periods of time, finding something to eat will take over every other priority that we have. The second drive is for power and control. We want to have the power over our surroundings to bend them to our needs. The third drive is the sexual drive. The need not just to have children, but to have sexual pleasure as well. In the ancient world, there were three ways to deal with these drives. One way was Pagan, the second was Christian, and the third way was Judaism.
Paganism saw our hunger as an opportunity to worship. Eating was how we showed the gods that we appreciated all the many bounties they had given us. Over eating and over drinking were the signature rituals of Paganism. Power was a sign that the gods loved you. Power is money and the one whose crops grew heavy and whose cattle were fertile, were blessed by the gods. Sex was part of the magic practiced by pagan priests and priestesses. If we were fertile here on earth, it reminded to gods to be fertile as well and thus our agricultural produce would increase.
Christianity, as practiced by the early church, took an opposite approach. Gluttony and drunkenness were serious sins. Holy people often fasted. Power was the root of all evil and holy people took vows of poverty, giving all of their possessions to the church. The only reason for sex was to have children, otherwise it was the source of original sin. Holy people took vows of celibacy.
Judaism was different. When it came to food, we had the laws of Kashrut. Kashrut taught us that there are foods we can eat and foods that we can not eat. The drive of hunger may be strong, but it must not control our life. We must control it. No matter how hungry we are, there are food we are permitted and foods that are never permitted. When it came to power, we had the laws of Shabbat. Six days we can labor and earn money and take control of the world, on the seventh day, we rest and become a part of the world again. Six days we make the world into what we want, the seventh day we live with what we have. We are in control, not our drive. When it came to sex, Judaism gives us the laws of taharat Ha Mishpacha, the laws of family purity. They tell us when we are permitted to enjoy sexual relations and when such relations are forbidden. Once again, the drive does not drive us, we are responsible to control our drives.
Many people feel that these laws are no longer important in Judaism. They were sexist laws and in a modern society we don=t have any need for religion to get involved in our sex lives. We have this fear that if religion will tell us when we can perform this most intimate act of our humanity, than it will add levels of guilt and repression into moments that should be loving and free. Like every other aspect of human life, however, even our sexuality need the reminders that make up these laws of holiness in our family. We need to look at them again, with modern eyes and see that they are not as outdated sometimes as we feel they should be. They are not designed to make us feel that sex is shameful or dirty, rather they are designed to help us understand that sex is one of the holiest things we humans are capable of doing and that we should not take such actions for granted. We should always be looking for ways to bring more holiness into our intimate relations.
Next week: Taharat HaMishpacha II - Sex Laws
Lessons in Memory of my brother Dale Alan Konigsburg
April 27, 2005 - Number 5765-29
Taharat HaMishpacha I - Introduction
Religions can be many things. They can open doors to new understandings of the spiritual realm. They can help us understand ourselves and guide our motivations to higher causes. A good religion can make meaning out of our life and direct us to the right path in every aspect of our lives. If a religion is to last for the long run, for a thousand years or more, however, it must also speak to the human condition. It has to help us live better lives. There are three major drives found in all humanity. A long term religion has to help us with these three drives.
The first drive is hunger. When we are without food for long periods of time, finding something to eat will take over every other priority that we have. The second drive is for power and control. We want to have the power over our surroundings to bend them to our needs. The third drive is the sexual drive. The need not just to have children, but to have sexual pleasure as well. In the ancient world, there were three ways to deal with these drives. One way was Pagan, the second was Christian, and the third way was Judaism.
Paganism saw our hunger as an opportunity to worship. Eating was how we showed the gods that we appreciated all the many bounties they had given us. Over eating and over drinking were the signature rituals of Paganism. Power was a sign that the gods loved you. Power is money and the one whose crops grew heavy and whose cattle were fertile, were blessed by the gods. Sex was part of the magic practiced by pagan priests and priestesses. If we were fertile here on earth, it reminded to gods to be fertile as well and thus our agricultural produce would increase.
Christianity, as practiced by the early church, took an opposite approach. Gluttony and drunkenness were serious sins. Holy people often fasted. Power was the root of all evil and holy people took vows of poverty, giving all of their possessions to the church. The only reason for sex was to have children, otherwise it was the source of original sin. Holy people took vows of celibacy.
Judaism was different. When it came to food, we had the laws of Kashrut. Kashrut taught us that there are foods we can eat and foods that we can not eat. The drive of hunger may be strong, but it must not control our life. We must control it. No matter how hungry we are, there are food we are permitted and foods that are never permitted. When it came to power, we had the laws of Shabbat. Six days we can labor and earn money and take control of the world, on the seventh day, we rest and become a part of the world again. Six days we make the world into what we want, the seventh day we live with what we have. We are in control, not our drive. When it came to sex, Judaism gives us the laws of taharat Ha Mishpacha, the laws of family purity. They tell us when we are permitted to enjoy sexual relations and when such relations are forbidden. Once again, the drive does not drive us, we are responsible to control our drives.
Many people feel that these laws are no longer important in Judaism. They were sexist laws and in a modern society we don=t have any need for religion to get involved in our sex lives. We have this fear that if religion will tell us when we can perform this most intimate act of our humanity, than it will add levels of guilt and repression into moments that should be loving and free. Like every other aspect of human life, however, even our sexuality need the reminders that make up these laws of holiness in our family. We need to look at them again, with modern eyes and see that they are not as outdated sometimes as we feel they should be. They are not designed to make us feel that sex is shameful or dirty, rather they are designed to help us understand that sex is one of the holiest things we humans are capable of doing and that we should not take such actions for granted. We should always be looking for ways to bring more holiness into our intimate relations.
Next week: Taharat HaMishpacha II - Sex Laws
Tuesday, April 19, 2005
HMS 5765-28 When Passover Falls on a Saturday Night
Halacha L'Moshe Mi Sinai
Lessons in Memory of my brother Dale Alan Konigsburg
April 19, 2005 - Number 5765-28
When Passover Falls on a Saturday Night
On all other Passover nights we begin the Seder right after the Arvit (Evening) service, this year we have to wait.
Passover falling on a Saturday night is not common but it does occur from time to time. Some rituals of Passover are moved aside because of Shabbat and others can not be moved. Rituals associated with the sacrifice of the Paschal Lamb take place even when the 14th of Nisan falls on Shabbat, but items related to later rituals must be done earlier so Shabbat will not be violated.
In a normal year, on the 14th of Nisan, in the evening, we search for Hametz with a feather and a candle in a ceremony called ABedikat Hametz. The next morning the Fast of the Firstborn is observed and a Siyyum is planned in order to cancel the fast. By 10 AM that morning the Hametz must be sold to a non-Jew and the crumbs that were searched out at night are burned before 11AM. After the Hametz is burned, one can not eat Hametz at all but one can also not eat Matzah until the Seder begins that night. This is to make sure that the first taste of Matzah for the season will be at our Seder. We spend the afternoon preparing for the Seder that begins when we light the festival candles after dark.
When the 14th of Nisan is Shabbat we have to rearrange the order of our preparations. On Thursday morning will be the Fast of the First Born, which will be interrupted, as usual by the Siyyum so that all will not have to fast. After the Siyyum, we will have a regular breakfast since eating Hametz will be allowed for quite some time.
Thursday night, after dark, will be ABedikat Hametz@ the Search for Hametz by candlelight with a feather. The crumbs collected will be sealed up for the morning.
Friday morning, at 10 AM we will sell the Hametz to a non-Jew. At Temple Sinai this means that once again we will sell our Hametz to our Chief of Police. While the contract will be signed that day, the sale will not be effective until 10 AM Saturday morning. We can not engage in signing and negotiating contracts on Shabbat so we have to do it on Friday morning. After the sale is signed, we will burn the Hametz that we sealed up the previous night. We will have a public burning of Hametz at about 10:45 AM so if you want us to add your Hametz to the fire. You must join us or drop off your Hametz before that time. 10 AM is the last time I can be appointed to serve as your Shaliach for the sale of Hametz. I have to execute the sale by 10 AM so you must designate me before that time in writing. Minyan that morning is at 8:00 AM and I will be there at that time. Remember to make your checks payable to me so I can deposit them in the Rabbi=s Fund so we can make our annual donation to the Police Athletic League. Hametz that is sold should be closed in boxes or in cabinets and sealed until after the holiday. It does not belong to you so you may not open it or use it during the holiday or you will be stealing food from the Chief of Police.
There are two options for Shabbat meals. We recommend that after 11AM on Friday, that all homes be Kosher for Passover and Hametz should no longer be eaten. Hamotzi on Friday Night and for Shabbat Lunch should be made over AMatzah Ashira@ AEnriched Matzah@ commonly known as Egg Matzah. One should not eat regular Matzah until Saturday night at the Seder. While there are some authorities that do not permit Hamotzi to be recited over Matzah Ashira, Conservative Judaism does not hold by that opinion and we follow the many other authorities that permit Egg Matzah and permit Hamotzi to be recited over it.
Another option permitted but not recommended, is to set aside just enough bread and Hametz food for Friday night dinner and Shabbat Lunch. Hametz may be eaten until 10 AM Saturday so Lunch will have to be rather early. Since the leftovers can not be burned on Shabbat they must be either crumbled up and strewn to the wind, or flushed away in the bathroom or taken out of the house as trash. It can no longer be used or maintained either on or after Passover. Cooking may not be done on Shabbat. Along side the Shabbat candles a 24 hour candle should burn. The flame from that candle should be used to light the Passover candles after Shabbat is over. Havdalah is part of the Kiddush at the Seder and is done over the Holiday candles so the candles should be lit close to the table. Other than Havdalah and the late start to the Seder, the Seder is done as usual.
For questions of Kashrut for Passover, consult your Rabbi. I wish all my on-line students a Kosher and Happy Pesach.
Next week: Taharat HaMishpacha
Lessons in Memory of my brother Dale Alan Konigsburg
April 19, 2005 - Number 5765-28
When Passover Falls on a Saturday Night
On all other Passover nights we begin the Seder right after the Arvit (Evening) service, this year we have to wait.
Passover falling on a Saturday night is not common but it does occur from time to time. Some rituals of Passover are moved aside because of Shabbat and others can not be moved. Rituals associated with the sacrifice of the Paschal Lamb take place even when the 14th of Nisan falls on Shabbat, but items related to later rituals must be done earlier so Shabbat will not be violated.
In a normal year, on the 14th of Nisan, in the evening, we search for Hametz with a feather and a candle in a ceremony called ABedikat Hametz. The next morning the Fast of the Firstborn is observed and a Siyyum is planned in order to cancel the fast. By 10 AM that morning the Hametz must be sold to a non-Jew and the crumbs that were searched out at night are burned before 11AM. After the Hametz is burned, one can not eat Hametz at all but one can also not eat Matzah until the Seder begins that night. This is to make sure that the first taste of Matzah for the season will be at our Seder. We spend the afternoon preparing for the Seder that begins when we light the festival candles after dark.
When the 14th of Nisan is Shabbat we have to rearrange the order of our preparations. On Thursday morning will be the Fast of the First Born, which will be interrupted, as usual by the Siyyum so that all will not have to fast. After the Siyyum, we will have a regular breakfast since eating Hametz will be allowed for quite some time.
Thursday night, after dark, will be ABedikat Hametz@ the Search for Hametz by candlelight with a feather. The crumbs collected will be sealed up for the morning.
Friday morning, at 10 AM we will sell the Hametz to a non-Jew. At Temple Sinai this means that once again we will sell our Hametz to our Chief of Police. While the contract will be signed that day, the sale will not be effective until 10 AM Saturday morning. We can not engage in signing and negotiating contracts on Shabbat so we have to do it on Friday morning. After the sale is signed, we will burn the Hametz that we sealed up the previous night. We will have a public burning of Hametz at about 10:45 AM so if you want us to add your Hametz to the fire. You must join us or drop off your Hametz before that time. 10 AM is the last time I can be appointed to serve as your Shaliach for the sale of Hametz. I have to execute the sale by 10 AM so you must designate me before that time in writing. Minyan that morning is at 8:00 AM and I will be there at that time. Remember to make your checks payable to me so I can deposit them in the Rabbi=s Fund so we can make our annual donation to the Police Athletic League. Hametz that is sold should be closed in boxes or in cabinets and sealed until after the holiday. It does not belong to you so you may not open it or use it during the holiday or you will be stealing food from the Chief of Police.
There are two options for Shabbat meals. We recommend that after 11AM on Friday, that all homes be Kosher for Passover and Hametz should no longer be eaten. Hamotzi on Friday Night and for Shabbat Lunch should be made over AMatzah Ashira@ AEnriched Matzah@ commonly known as Egg Matzah. One should not eat regular Matzah until Saturday night at the Seder. While there are some authorities that do not permit Hamotzi to be recited over Matzah Ashira, Conservative Judaism does not hold by that opinion and we follow the many other authorities that permit Egg Matzah and permit Hamotzi to be recited over it.
Another option permitted but not recommended, is to set aside just enough bread and Hametz food for Friday night dinner and Shabbat Lunch. Hametz may be eaten until 10 AM Saturday so Lunch will have to be rather early. Since the leftovers can not be burned on Shabbat they must be either crumbled up and strewn to the wind, or flushed away in the bathroom or taken out of the house as trash. It can no longer be used or maintained either on or after Passover. Cooking may not be done on Shabbat. Along side the Shabbat candles a 24 hour candle should burn. The flame from that candle should be used to light the Passover candles after Shabbat is over. Havdalah is part of the Kiddush at the Seder and is done over the Holiday candles so the candles should be lit close to the table. Other than Havdalah and the late start to the Seder, the Seder is done as usual.
For questions of Kashrut for Passover, consult your Rabbi. I wish all my on-line students a Kosher and Happy Pesach.
Next week: Taharat HaMishpacha
Monday, April 11, 2005
HMS 5765-27: Judaism and Divorce II: The Procedure of Divorce
Lessons in Memory of my brother Dale Alan Konigsburg
April 11, 2005 - Number 5765-27
Judaism and Divorce II: The Procedure of Divorce
Until modern times, the procedure for Jewish Divorce was performed on the same day. The initiation of the Get, the writing of the Get, the delivery of the get was all done with all the parties present. Today, for many reasons, we have divided the process into three distinct parts that happen at three different times. Thus it can take up to a month to complete the process, and yet this should be viewed as a step forward in Jewish ritual. Let us examine the three parts and then we will discuss the change.
The initiation of a get can be done by either the Husband or the Wife by going to a Rabbi and asking for a Get. It is that simple. Most Conservative Rabbis will not write a get themselves, but have associated themselves with an expert in Gittin (the Plural of Get) called a "Messader Gittin". Each Messader Gitten has a form that will need to be filled out. The information required is simple. We need the English name of the Husband and Wife, and all other legal and nicknames that both of them use on a regular basis (i.e. Robert, Rob, Bob, Bobby or Elaine, Elly, El, Lanie etc.) We will need the Hebrew/Yiddish name for the Husband and Wife as well as the Hebrew name of their Father. We will also need each father’s English name and all the legal and nicknames that the father uses on a regular basis. We will need to know if either party is a cohen or levi, if either party converted to Judaism. We will need the address and phone number of both the Husband and wife. We will need to know the date of the civil divorce and when and in which court it was recorded. We will need the English and Hebrew name of the Rabbi who will be delivering the Get. This may be the same Rabbi who is being called to initiate the get but if the wife is in a different city, it may be her Rabbi or a Rabbi who lives close by.
The Rabbi will also collect the money to pay for the Get at this time.
Before the information can be sent to Mesader Gittin, to write the Get, the Rabbi must call in the Husband and have him sign the form that he understands that a Get will be written and that he authorizes this writing and will not, in the future, rescind this authorization. His signature must be witnessed by two qualified witnesses that are not related to the Husband ( Usually the Rabbi and someone from his congregation will serve as witnesses). All of this is sent to the Mesader Gittin.
In the second part, the Get is actually Written. The Messader Gittin calls together a Bet Din, a Rabbinical Court that will oversee this Get. They commission a scribe to write the Get itself. The get is written on parchment with a quill pen. By tradition it has twelve lines. It states the location where the get is being written, not only the name of the city but a nearby mountain or river that will help locate the get. The language is basically the reverse language of the ketuba, the wedding contract. And states that the husband and wife are no longer in a "sanctified" relationship. It is signed by two witnesses from the Bet Din. A get is folded in a special way for delivery. Another form, a Haarsha-ah is created to identify that Get. It contains the names of those in the get and also a code by which the Get can be identified. It names the Messader Gitten as in charge of its delivery and any other Rabbis who will aid in delivering it. A blank form, "Record of Delivery" is enclosed with the Get and the package is sent to the Rabbi who will be delivering the Get.
The Rabbi who will deliver the Get then calls in the Wife. He also calls together a Bet Din of three people who are not related to the Husband, Wife or the Rabbi who is delivering the Get (The Rabbi is the Shaliach or Messenger of the original Bet Din from when the Get was written). The wife may bring a friend or relative to accompany her. First, the identity of the wife must be established by ID or if she is personally known to the Rabbi. Next the Hasha-ah and the Get are examined to make sure that the right Get is to be delivered. The main concerns about delivery are that the right people and the right Get come together. If not the couple are still married and that would be a disaster! Great care goes into making sure that all parts of the delivery are correct. The Get is read aloud, re-folded and given to the Shaliach. The Wife takes off any rings she is wearing and stands up. The Shaliach makes a declaration that by accepting this Get from her Husband she will be divorced and free to remarry if she chooses. He places the get in her cupped hands, and she walks a few steps toward the door to indicate that she has accepted the Get. She then gives the Get to the Bet Din who fill out the Record of Delivery form and return the entire package, Get, Haarsha-ah and Record of Delivery, to the Messader Gitten. When the Messader Gitten receives the package, he cuts the get to indicate it has been delivered, and issues a "patur" to the Husband to the Wife indicating that the divorce is finished and both are free to remarry. This patur will need to be shown to the Rabbi who will perform any future wedding.
Because the Get is a form of divorce, than any financial issues must also be resolved. We wait to deliver a Get until after the Secular divorce is final so all financial issues are resolved. When either the Husband or Wife refuse to accept the Get, the Get can not go forward. Such a couple remain married and can not remarry until the Get is delivered. Do not think that this can be used by one party to blackmail the other. There are ways for both the Husband and Wife to end the marriage without permission. These procedures are longer and harder but can be done. It is far simpler and easier for everyone when both parties, who already have a civil divorce, take care of the Jewish Divorce at the same time.
We can see how much easier it would be if all three parts of the process were done at the same time. It would take a few hours but we would need only one bet din and the Messader Gittin would not need a Shaliach. And yet, given modern divorce there are good reasons to divide the ceremony. First, often the Husband and Wife are no longer speaking to each other (or are not speaking civilized to each other) and it is better to keep them apart to prevent additional insults. Second, in our modern times, the Messader Gitten can be half way across the country and we can move the Get by overnight courier which helps make sure that the Messader Gittin for each community is qualified and well trained. We do not need the less qualified Rabbi just because he is in town. Finally, when the Husband and Wife were together, many Rabbis would try and reconcile the couple before they would write the Get. This was a major insult to both parties, who, having completed the Civil Divorce, were no longer interested in being together. It was particularly difficult when one of the parties was the victim of domestic violence. This three part process insures that each party is treated with dignity and there is little space for venting anger and resentment..
Next week: When Passover Falls on Saturday Night
Brenda Horowitz asks:
Is the concept of pikuach nefesh to be invoked only when the person is facing certain (or near certain) death? Or can it also be applied to circumstances when the contemplated action will improve the person's quality of life . . . or perhaps even when it will only serve to make the person more comfortable?
I reply:
Pekuach nefesh, saving a life, applies only when the person is in danger of his or her life. Even if the danger is suspected or not certain, we take the course that will certainly prolong life. Improving the quality of life or making the person comfortable fall under the category of medical healing which is required by Jewish law if the person will have a greater quality of life or if that person can be made more comfortable
April 11, 2005 - Number 5765-27
Judaism and Divorce II: The Procedure of Divorce
Until modern times, the procedure for Jewish Divorce was performed on the same day. The initiation of the Get, the writing of the Get, the delivery of the get was all done with all the parties present. Today, for many reasons, we have divided the process into three distinct parts that happen at three different times. Thus it can take up to a month to complete the process, and yet this should be viewed as a step forward in Jewish ritual. Let us examine the three parts and then we will discuss the change.
The initiation of a get can be done by either the Husband or the Wife by going to a Rabbi and asking for a Get. It is that simple. Most Conservative Rabbis will not write a get themselves, but have associated themselves with an expert in Gittin (the Plural of Get) called a "Messader Gittin". Each Messader Gitten has a form that will need to be filled out. The information required is simple. We need the English name of the Husband and Wife, and all other legal and nicknames that both of them use on a regular basis (i.e. Robert, Rob, Bob, Bobby or Elaine, Elly, El, Lanie etc.) We will need the Hebrew/Yiddish name for the Husband and Wife as well as the Hebrew name of their Father. We will also need each father’s English name and all the legal and nicknames that the father uses on a regular basis. We will need to know if either party is a cohen or levi, if either party converted to Judaism. We will need the address and phone number of both the Husband and wife. We will need to know the date of the civil divorce and when and in which court it was recorded. We will need the English and Hebrew name of the Rabbi who will be delivering the Get. This may be the same Rabbi who is being called to initiate the get but if the wife is in a different city, it may be her Rabbi or a Rabbi who lives close by.
The Rabbi will also collect the money to pay for the Get at this time.
Before the information can be sent to Mesader Gittin, to write the Get, the Rabbi must call in the Husband and have him sign the form that he understands that a Get will be written and that he authorizes this writing and will not, in the future, rescind this authorization. His signature must be witnessed by two qualified witnesses that are not related to the Husband ( Usually the Rabbi and someone from his congregation will serve as witnesses). All of this is sent to the Mesader Gittin.
In the second part, the Get is actually Written. The Messader Gittin calls together a Bet Din, a Rabbinical Court that will oversee this Get. They commission a scribe to write the Get itself. The get is written on parchment with a quill pen. By tradition it has twelve lines. It states the location where the get is being written, not only the name of the city but a nearby mountain or river that will help locate the get. The language is basically the reverse language of the ketuba, the wedding contract. And states that the husband and wife are no longer in a "sanctified" relationship. It is signed by two witnesses from the Bet Din. A get is folded in a special way for delivery. Another form, a Haarsha-ah is created to identify that Get. It contains the names of those in the get and also a code by which the Get can be identified. It names the Messader Gitten as in charge of its delivery and any other Rabbis who will aid in delivering it. A blank form, "Record of Delivery" is enclosed with the Get and the package is sent to the Rabbi who will be delivering the Get.
The Rabbi who will deliver the Get then calls in the Wife. He also calls together a Bet Din of three people who are not related to the Husband, Wife or the Rabbi who is delivering the Get (The Rabbi is the Shaliach or Messenger of the original Bet Din from when the Get was written). The wife may bring a friend or relative to accompany her. First, the identity of the wife must be established by ID or if she is personally known to the Rabbi. Next the Hasha-ah and the Get are examined to make sure that the right Get is to be delivered. The main concerns about delivery are that the right people and the right Get come together. If not the couple are still married and that would be a disaster! Great care goes into making sure that all parts of the delivery are correct. The Get is read aloud, re-folded and given to the Shaliach. The Wife takes off any rings she is wearing and stands up. The Shaliach makes a declaration that by accepting this Get from her Husband she will be divorced and free to remarry if she chooses. He places the get in her cupped hands, and she walks a few steps toward the door to indicate that she has accepted the Get. She then gives the Get to the Bet Din who fill out the Record of Delivery form and return the entire package, Get, Haarsha-ah and Record of Delivery, to the Messader Gitten. When the Messader Gitten receives the package, he cuts the get to indicate it has been delivered, and issues a "patur" to the Husband to the Wife indicating that the divorce is finished and both are free to remarry. This patur will need to be shown to the Rabbi who will perform any future wedding.
Because the Get is a form of divorce, than any financial issues must also be resolved. We wait to deliver a Get until after the Secular divorce is final so all financial issues are resolved. When either the Husband or Wife refuse to accept the Get, the Get can not go forward. Such a couple remain married and can not remarry until the Get is delivered. Do not think that this can be used by one party to blackmail the other. There are ways for both the Husband and Wife to end the marriage without permission. These procedures are longer and harder but can be done. It is far simpler and easier for everyone when both parties, who already have a civil divorce, take care of the Jewish Divorce at the same time.
We can see how much easier it would be if all three parts of the process were done at the same time. It would take a few hours but we would need only one bet din and the Messader Gittin would not need a Shaliach. And yet, given modern divorce there are good reasons to divide the ceremony. First, often the Husband and Wife are no longer speaking to each other (or are not speaking civilized to each other) and it is better to keep them apart to prevent additional insults. Second, in our modern times, the Messader Gitten can be half way across the country and we can move the Get by overnight courier which helps make sure that the Messader Gittin for each community is qualified and well trained. We do not need the less qualified Rabbi just because he is in town. Finally, when the Husband and Wife were together, many Rabbis would try and reconcile the couple before they would write the Get. This was a major insult to both parties, who, having completed the Civil Divorce, were no longer interested in being together. It was particularly difficult when one of the parties was the victim of domestic violence. This three part process insures that each party is treated with dignity and there is little space for venting anger and resentment..
Next week: When Passover Falls on Saturday Night
Brenda Horowitz asks:
Is the concept of pikuach nefesh to be invoked only when the person is facing certain (or near certain) death? Or can it also be applied to circumstances when the contemplated action will improve the person's quality of life . . . or perhaps even when it will only serve to make the person more comfortable?
I reply:
Pekuach nefesh, saving a life, applies only when the person is in danger of his or her life. Even if the danger is suspected or not certain, we take the course that will certainly prolong life. Improving the quality of life or making the person comfortable fall under the category of medical healing which is required by Jewish law if the person will have a greater quality of life or if that person can be made more comfortable
Monday, April 4, 2005
HMSD 5765-26: Judaism and Divorce
Lessons in Memory of my brother Dale Alan Konigsburg
April 4, 2005 - Number 5765-26
Judaism and Divorce
Deuteronomy 24:1 clearly states that divorce is possible under Jewish Law. It states simply "When a man takes a wife and possesses her. She fails to please him because he finds something obnoxious about her, and he writes her a bill of divorcement , hands it to her and sends her away from his house." Here we have the rough form of what Divorce is all about in Judaism. These verses are also very difficult to understand. They leave many questions. "Does there have to be a reason for the man to divorce his wife? What is a "bill of Divorcement"? What does it say? What happens if the husband can’t write the document? Can someone else write it for him? What if the wife is not present, can someone accept it for her? Can either side be forced to participate in the get? Jewish Law tries to answer these questions and to dispel some myths about Jewish Divorce as well.
Deuteronomy sets the procedure as needing to come from the husband and end up with the wife. This is in keeping with ancient marriage practices where the husband "acquires" a wife. Now he will have to "unacquire" her through Divorce. The first myth is that only a man can initiate a divorce. Either party can initiate a divorce in Judaism that is, either side can ask for and end to the marriage. In order to end the marriage, the bill of divorcement must travel from husband to wife. This makes divorce, in Judaism, "no fault" While civil laws may determine if there are grounds for divorce, Jewish law only follows the law of the land. Either party can petition for a divorce and give no reason other than they no longer want to live together.
Divorce is not a sin in Judaism, but it is no great honor either. Judaism has a bias toward marriage and tries to get couples to reconcile. In modern times, when there is secular divorce, this reconciliation counseling is no longer needed. If the couple have divorced under secular law, There is no longer a reason to attempt the bring the couple together again. Since the marriage had a religious ceremony, then that ceremony must be reversed in a religious divorce ceremony. A secular divorce is not enough to permit remarriage in Jewish law.
Divorce in Judaism is a subset of Jewish Law that demands experts to oversee the process. Any rabbi can perform a marriage, but only a specially trained Rabbi can oversee a get. The reason is that if a Rabbi makes an error in a wedding, so the couple will be remarried and everything will be OK. In the case of divorce, if an error is made, the couple are still married, and if one party has remarried another person, they are guilt of adultery and if they have children, the children would be subject to "mamzerut" (a topic for a different time) Therefore the entire procedure is very formal so that there will be little the can go wrong.
The second Myth is that only the woman needs the get. In fact, a Rabbi will not perform a marriage to either a man or a woman who do not have a get terminating all previous marriages. The time to take care of the get is immediately after the civil divorce is final. It is possible to arrange for a get even years after the civil divorce is final, but it is often harder and can reopen old wounds. Many try and address issues where they feel they have been "wronged" by the civil courts and demand money and property before they will agree to the get. This is pure blackmail and the Rabbinic courts frown on this. The reason a get is written and delivered after the civil divorce is final is to prevent these financial issues from causing delays. To this end, many couples write into the civil agreement that withing a set time after the divorce is final in the civil courts, the couple must finish a Jewish Divorce as well. This may allow the civil courts from enforcing the participation in the Jewish Divorce since it is a stipulation in the civil divorce decree. It is best to consult a lawyer about this practice.
Once a divorce is final, and the parties remarry, if both parties should then divorce a second time, they are forbidden to remarry each other. Some authorities see this law as a way to prevent a husband from using his wife for prostitution.
When a Jew marries a non-Jew or a close relative who is forbidden to him by Jewish law, no get is necessary, the marriage is forbidden from the beginning and has no validity at all in Jewish Law. If a Jew marries a woman who has converted either before or after the wedding, or who lives with a Jewish woman without marriage but introduces the woman as "his wife", these marriages are valid and do require a get.
Next week: Judaism and Divorce II: The Procedure of Divorce.
Brenda Horowitz comments about HMS 5765-23: You might want to comment on the following points about conversion:
Naming -- Many parents who adopt and convert infants use the adoptive parents' names, rather than Abraham/Sarah. That is, the child is X ben/bat adoptive dad v' adoptive mom
Special naming issues when either adoptive parent is a Cohan or Levi -- How do you state the child's name in a way that makes it clear that the child is not a Cohen/Levi, but the adoptive parent is? Are there any special considerations when the family also includes biological children, who DO inherit the Cohen/Levi tribal status?
Finalizing the conversion -- We are allowed to convert a child under the assumption that it is in his/her best interest; however, since it was done without his/her consent, it is considered conditional until the child formally accepts it upon/by becoming a Bar/Bat Mitzvah.
Perceptions of adoption and conversion in the Jewish community, especially in the case of interracial adoptions.
I respond: Brenda is correct about names, we try and use the names of Jewish parents when naming children who must be converted to Judaism. As for her other questions: There is no way to differentiate between the adoptive and non-adopted children of a Cohen or Levi. The child can only be informed that the title can not pass down to him or her. One can not convert anyone to Judaism without his or her consent. This would require a child to be legal age before the conversion would be finished. We make sure that circumcision (for boys) and immersion is performed as early as possible and we arrange for a proper Jewish education. At legal age (the time of Bar/Bat Mitzvah) the child does have the choice to continue as a Jew or "opt out" of our religion. Since Judaism does not recognize conversion out of Judaism, we can not put someone into Judaism without their consent and knowledge, even a child. The declaration to remain does not have to be formal. If the child were to have a Bar/Bat Mitzvah that would be evidence that they intend to remain Jewish and the conversion would be valid from the time of the immersion.
Finally, a Jew who converts to Judaism is a Jew. He or she is not a "convert" or anything less than a Jew. Racial, gender or any other issues have no bearing on this. Anyone who would comment on the background of any Jew who converted is guilty of a great sin, public embarrassment, and should be censored.
April 4, 2005 - Number 5765-26
Judaism and Divorce
Deuteronomy 24:1 clearly states that divorce is possible under Jewish Law. It states simply "When a man takes a wife and possesses her. She fails to please him because he finds something obnoxious about her, and he writes her a bill of divorcement , hands it to her and sends her away from his house." Here we have the rough form of what Divorce is all about in Judaism. These verses are also very difficult to understand. They leave many questions. "Does there have to be a reason for the man to divorce his wife? What is a "bill of Divorcement"? What does it say? What happens if the husband can’t write the document? Can someone else write it for him? What if the wife is not present, can someone accept it for her? Can either side be forced to participate in the get? Jewish Law tries to answer these questions and to dispel some myths about Jewish Divorce as well.
Deuteronomy sets the procedure as needing to come from the husband and end up with the wife. This is in keeping with ancient marriage practices where the husband "acquires" a wife. Now he will have to "unacquire" her through Divorce. The first myth is that only a man can initiate a divorce. Either party can initiate a divorce in Judaism that is, either side can ask for and end to the marriage. In order to end the marriage, the bill of divorcement must travel from husband to wife. This makes divorce, in Judaism, "no fault" While civil laws may determine if there are grounds for divorce, Jewish law only follows the law of the land. Either party can petition for a divorce and give no reason other than they no longer want to live together.
Divorce is not a sin in Judaism, but it is no great honor either. Judaism has a bias toward marriage and tries to get couples to reconcile. In modern times, when there is secular divorce, this reconciliation counseling is no longer needed. If the couple have divorced under secular law, There is no longer a reason to attempt the bring the couple together again. Since the marriage had a religious ceremony, then that ceremony must be reversed in a religious divorce ceremony. A secular divorce is not enough to permit remarriage in Jewish law.
Divorce in Judaism is a subset of Jewish Law that demands experts to oversee the process. Any rabbi can perform a marriage, but only a specially trained Rabbi can oversee a get. The reason is that if a Rabbi makes an error in a wedding, so the couple will be remarried and everything will be OK. In the case of divorce, if an error is made, the couple are still married, and if one party has remarried another person, they are guilt of adultery and if they have children, the children would be subject to "mamzerut" (a topic for a different time) Therefore the entire procedure is very formal so that there will be little the can go wrong.
The second Myth is that only the woman needs the get. In fact, a Rabbi will not perform a marriage to either a man or a woman who do not have a get terminating all previous marriages. The time to take care of the get is immediately after the civil divorce is final. It is possible to arrange for a get even years after the civil divorce is final, but it is often harder and can reopen old wounds. Many try and address issues where they feel they have been "wronged" by the civil courts and demand money and property before they will agree to the get. This is pure blackmail and the Rabbinic courts frown on this. The reason a get is written and delivered after the civil divorce is final is to prevent these financial issues from causing delays. To this end, many couples write into the civil agreement that withing a set time after the divorce is final in the civil courts, the couple must finish a Jewish Divorce as well. This may allow the civil courts from enforcing the participation in the Jewish Divorce since it is a stipulation in the civil divorce decree. It is best to consult a lawyer about this practice.
Once a divorce is final, and the parties remarry, if both parties should then divorce a second time, they are forbidden to remarry each other. Some authorities see this law as a way to prevent a husband from using his wife for prostitution.
When a Jew marries a non-Jew or a close relative who is forbidden to him by Jewish law, no get is necessary, the marriage is forbidden from the beginning and has no validity at all in Jewish Law. If a Jew marries a woman who has converted either before or after the wedding, or who lives with a Jewish woman without marriage but introduces the woman as "his wife", these marriages are valid and do require a get.
Next week: Judaism and Divorce II: The Procedure of Divorce.
Brenda Horowitz comments about HMS 5765-23: You might want to comment on the following points about conversion:
Naming -- Many parents who adopt and convert infants use the adoptive parents' names, rather than Abraham/Sarah. That is, the child is X ben/bat adoptive dad v' adoptive mom
Special naming issues when either adoptive parent is a Cohan or Levi -- How do you state the child's name in a way that makes it clear that the child is not a Cohen/Levi, but the adoptive parent is? Are there any special considerations when the family also includes biological children, who DO inherit the Cohen/Levi tribal status?
Finalizing the conversion -- We are allowed to convert a child under the assumption that it is in his/her best interest; however, since it was done without his/her consent, it is considered conditional until the child formally accepts it upon/by becoming a Bar/Bat Mitzvah.
Perceptions of adoption and conversion in the Jewish community, especially in the case of interracial adoptions.
I respond: Brenda is correct about names, we try and use the names of Jewish parents when naming children who must be converted to Judaism. As for her other questions: There is no way to differentiate between the adoptive and non-adopted children of a Cohen or Levi. The child can only be informed that the title can not pass down to him or her. One can not convert anyone to Judaism without his or her consent. This would require a child to be legal age before the conversion would be finished. We make sure that circumcision (for boys) and immersion is performed as early as possible and we arrange for a proper Jewish education. At legal age (the time of Bar/Bat Mitzvah) the child does have the choice to continue as a Jew or "opt out" of our religion. Since Judaism does not recognize conversion out of Judaism, we can not put someone into Judaism without their consent and knowledge, even a child. The declaration to remain does not have to be formal. If the child were to have a Bar/Bat Mitzvah that would be evidence that they intend to remain Jewish and the conversion would be valid from the time of the immersion.
Finally, a Jew who converts to Judaism is a Jew. He or she is not a "convert" or anything less than a Jew. Racial, gender or any other issues have no bearing on this. Anyone who would comment on the background of any Jew who converted is guilty of a great sin, public embarrassment, and should be censored.
Monday, March 28, 2005
HMS 5765-25: End Of Life Issues II: The Reisner Position
Lessons in Memory of my brother Dale Alan Konigsburg
March 28, 2005 - Number 5765-25
End Of Life Issues II: The Reisner Position
As I write this weeks installment, Terry Shiavo has been disconnected from her feeding tube for ten days. Her situation has prompted this series on the Halacha at the End of Life.
Last week we saw that Rabbi Elliot Dorff of the Committee on Jewish Law and Standards of the Rabbinical Assembly take the position that sustenance and hydration are similar to medication and can be withheld from a patient who is in a persistent vegetative state (PVS).
Rabbi Avram Reisner, who also serves on the Committee on Jewish Law and Standards, set out a different approach from the position of Rabbi Dorff. To Rabbi Reisner, only G-d can make the determination of when a patient will die. We are not allowed to hasten death nor are we to judge quality of life issues. A patient (or his/her surrogate) can choose between courses of treatment, but a patient can not choose to die. A terminally ill patient can not choose to take away hydration or sustenance unless the process has inherent risks (such as aspiration into the lungs or risky surgery). We can not however force a patient to eat against his or her wishes. There is no need to insist on food, water or medication if the situation is futile. Futile in this case means that death is very immanent. It applies only when the underlying disease is causing the death, not the refusal of treatment.
To Reisner, PVS is a special case. He notes that because of the lack of higher brain activity, many courts has held that patients with this condition have no conceivable life benefit from treatment and have permitted sustenance and hydration to be withheld or withdrawn. He asks the question "We do not accept the that burdensome life is dispensable, and such a patient is manifestly not in the process of dying. Does that mean we must maintain patients in such condition until their natural deaths?" ... "Is such a life really life? Has not the soul departed while the body, in some aberrant glitch, refuses to shut down? If so, what courtesy do we owe such a soulless body - surely not all th reverence we accord human life?"
Reisner answers his questions be affirming that we don’t know at all if the body is soulless or not, for we have not good definition of soul nor can we measure if it still is in the body or not. He notes that the reason families often give for withholding medication, food and water is the horror of no longer having any interaction with the patient. In such a situation we just don’t know what it is that we should do and in all such cases, where there is great uncertainty as to what is going on, we make the presumption of life and we treat that life as we would any other life. Rabbi Reisner would not permit us to withhold food and water from such a patient.
Where Rabbi Reisner and Rabbi Dorff agree is on the need for advance medical directives. Judaism requires a person to seek healing but if such a person refuses healing, that is a matter between the individual and his/her G-d. It is therefore vital that a person spell out exactly what course of medical action he or she would like to have performed, or removed in the case where the patient could not speak for his or herself. It should also appoint a medical surrogate to make decisions either based on or strictly adhering to the medical directives. This would help insure that all wishes of the patient will be known to all involved in his or her care.
In consultation with the many physicians that I know, I would add that medical directives alone are not enough. It is also crucial that all members of the family be familiar with our wishes and directives. Hospitals and Doctors should not be relied upon to settle family feuds and squabbles. The most ironclad medical directive may be ignored if one or more members of the family disagree and refuse to abide by those wishes. It is very important that we personally instruct our spouse, children and parents about our wishes to minimalize confusion and conflict. In some cases it may even be important to consult the patient’s Rabbi.
As I noted before, Terry Shiavo is a Roman Catholic. She is not subject to Jewish Law. But her case is a reminder that while this may not be a decision we would want to leave to the courts or the government, it is an important religious issue, one that our faith and legal system attempts to guide us through.
Next week: Judaism and Divorce
Beryl Glansberg asks: I just have one question. Does this Talmudic view apply to Jews and non-Jews alike?
I reply: No, Jewish Law applies only to Jews
March 28, 2005 - Number 5765-25
End Of Life Issues II: The Reisner Position
As I write this weeks installment, Terry Shiavo has been disconnected from her feeding tube for ten days. Her situation has prompted this series on the Halacha at the End of Life.
Last week we saw that Rabbi Elliot Dorff of the Committee on Jewish Law and Standards of the Rabbinical Assembly take the position that sustenance and hydration are similar to medication and can be withheld from a patient who is in a persistent vegetative state (PVS).
Rabbi Avram Reisner, who also serves on the Committee on Jewish Law and Standards, set out a different approach from the position of Rabbi Dorff. To Rabbi Reisner, only G-d can make the determination of when a patient will die. We are not allowed to hasten death nor are we to judge quality of life issues. A patient (or his/her surrogate) can choose between courses of treatment, but a patient can not choose to die. A terminally ill patient can not choose to take away hydration or sustenance unless the process has inherent risks (such as aspiration into the lungs or risky surgery). We can not however force a patient to eat against his or her wishes. There is no need to insist on food, water or medication if the situation is futile. Futile in this case means that death is very immanent. It applies only when the underlying disease is causing the death, not the refusal of treatment.
To Reisner, PVS is a special case. He notes that because of the lack of higher brain activity, many courts has held that patients with this condition have no conceivable life benefit from treatment and have permitted sustenance and hydration to be withheld or withdrawn. He asks the question "We do not accept the that burdensome life is dispensable, and such a patient is manifestly not in the process of dying. Does that mean we must maintain patients in such condition until their natural deaths?" ... "Is such a life really life? Has not the soul departed while the body, in some aberrant glitch, refuses to shut down? If so, what courtesy do we owe such a soulless body - surely not all th reverence we accord human life?"
Reisner answers his questions be affirming that we don’t know at all if the body is soulless or not, for we have not good definition of soul nor can we measure if it still is in the body or not. He notes that the reason families often give for withholding medication, food and water is the horror of no longer having any interaction with the patient. In such a situation we just don’t know what it is that we should do and in all such cases, where there is great uncertainty as to what is going on, we make the presumption of life and we treat that life as we would any other life. Rabbi Reisner would not permit us to withhold food and water from such a patient.
Where Rabbi Reisner and Rabbi Dorff agree is on the need for advance medical directives. Judaism requires a person to seek healing but if such a person refuses healing, that is a matter between the individual and his/her G-d. It is therefore vital that a person spell out exactly what course of medical action he or she would like to have performed, or removed in the case where the patient could not speak for his or herself. It should also appoint a medical surrogate to make decisions either based on or strictly adhering to the medical directives. This would help insure that all wishes of the patient will be known to all involved in his or her care.
In consultation with the many physicians that I know, I would add that medical directives alone are not enough. It is also crucial that all members of the family be familiar with our wishes and directives. Hospitals and Doctors should not be relied upon to settle family feuds and squabbles. The most ironclad medical directive may be ignored if one or more members of the family disagree and refuse to abide by those wishes. It is very important that we personally instruct our spouse, children and parents about our wishes to minimalize confusion and conflict. In some cases it may even be important to consult the patient’s Rabbi.
As I noted before, Terry Shiavo is a Roman Catholic. She is not subject to Jewish Law. But her case is a reminder that while this may not be a decision we would want to leave to the courts or the government, it is an important religious issue, one that our faith and legal system attempts to guide us through.
Next week: Judaism and Divorce
Beryl Glansberg asks: I just have one question. Does this Talmudic view apply to Jews and non-Jews alike?
I reply: No, Jewish Law applies only to Jews
Monday, March 21, 2005
HMS 5765-24: End Of Life Issues: Special series on Halacha in the news
Lessons in Memory of my brother Dale Alan Konigsburg
March 21, 2005 - Number 5765-24
End Of Life Issues: Special series on Halacha in the news
I know I promised a different topic this week but with Terry Schiavo in the news there has been a great deal of interest in Judaism and these end of life issues. Terri Schiavo is a Roman Catholic but there are also Jews who also need to know what our faith has to say about such issues.
First of all, the most important Halacha in relationship to all health issues is the commandment to "choose life". We are not asked if we wish to be born, and we are not asked when we should die. Such decisions are in G-d’s hand. We never give up when it comes to preserving life. G-d has placed great healing powers in our hands and we need to use them to help preserve life. That being said, Jewish Law also understands that there comes a time when healing is no longer possible, and then, we are permitted to let the natural progression of life take place, even if it means that the one who is ill will die. It is a mitzvah to bring healing, but when healing is no longer a possible, we can remove what is preventing the person from dying.
Judaism does not believe in active euthanasia, ala Dr. Kevorkian, but passive euthanasia is permitted. To this end, one may remove medical care that is preventing the person from dying. This does not mean that we also refrain from medications that will relieve pain and suffering. Only the medical aids that are keeping the person alive can be removed. This is based on a number of Talmudic references that permit the removal of impediments to death in the case of a patient who can not recover.
It is important that end of life issues should be written down in a document called "medical directives" Each state encourages patients to have such directives, together with a medical proxy, a person assigned to make medical decisions for the patient if the patient is unable to make these decisions for him or herself. The Conservative movement has such a document and it can be purchased through the United Synagogue of Conservative Judaism Book Service (www.USCJ.org).
The question in Judaism is the same as the question in the Schaivo case. Does the removal of impediments to death include the removal of food and water (sustenance and hydration)? The Law and Standards Committee of the Rabbinical Assembly, the committee that examined these laws was in agreement on almost all aspect of end of life care except the case of removing food and water. So difficult was this issue that there was no resolution of the disagreement and both options are included in the movement’s Medical Directives.
The case for removing food and water from a terminal patient was made by Rabbi Elliot Dorff of the University of Judaism in Los Angeles. He claims that most authorities do not permit withholding food and water from a patient so the burden of proof is on the one who fails to provide these necessities. To do this he notes that the kind of food and water given to the patient who can not eat or swallow, this food and water are more like medicine than food. Just as a blood transfusion is not "eating blood" a prohibited act in Judaism, intravenous food and water is not food at all but medicine and as such it can be withheld.
Rabbi Dorff does note, however that for people in a persistent Vegetative state (pvs) like Terry Schiavo, presents a more difficult case. Such people do not need all kinds of medical equipment to stay alive, but they do need food and water. While they may have no functioning in their higher brain, they sill have enough brain stem activity to stay alive. Saving a life in Judaism does not have us judge the quality of that life. A patient with PVS presents us with a very difficult case. If we were not able to provide the food and water intravenously, than that patient would die. This means that the food and water are like medicine and we can withhold it. While we consider brain death to occur when there is no brain activity at all, if the doctor were to say that lack of higher brain function (neo-cortex) could be the sign of death and if such patients are dead, than food and water can be withheld. Because of issues relating to the diagnosis of PVS and Alzheimer’s disease, food and water should be provided for a period of time in order to be sure of the diagnosis.
There is another side to this discussion, that of Rabbi Avram Reisner. We will look at his position next week.
Next week: End of Life Issues II – The Reisner Position
March 21, 2005 - Number 5765-24
End Of Life Issues: Special series on Halacha in the news
I know I promised a different topic this week but with Terry Schiavo in the news there has been a great deal of interest in Judaism and these end of life issues. Terri Schiavo is a Roman Catholic but there are also Jews who also need to know what our faith has to say about such issues.
First of all, the most important Halacha in relationship to all health issues is the commandment to "choose life". We are not asked if we wish to be born, and we are not asked when we should die. Such decisions are in G-d’s hand. We never give up when it comes to preserving life. G-d has placed great healing powers in our hands and we need to use them to help preserve life. That being said, Jewish Law also understands that there comes a time when healing is no longer possible, and then, we are permitted to let the natural progression of life take place, even if it means that the one who is ill will die. It is a mitzvah to bring healing, but when healing is no longer a possible, we can remove what is preventing the person from dying.
Judaism does not believe in active euthanasia, ala Dr. Kevorkian, but passive euthanasia is permitted. To this end, one may remove medical care that is preventing the person from dying. This does not mean that we also refrain from medications that will relieve pain and suffering. Only the medical aids that are keeping the person alive can be removed. This is based on a number of Talmudic references that permit the removal of impediments to death in the case of a patient who can not recover.
It is important that end of life issues should be written down in a document called "medical directives" Each state encourages patients to have such directives, together with a medical proxy, a person assigned to make medical decisions for the patient if the patient is unable to make these decisions for him or herself. The Conservative movement has such a document and it can be purchased through the United Synagogue of Conservative Judaism Book Service (www.USCJ.org).
The question in Judaism is the same as the question in the Schaivo case. Does the removal of impediments to death include the removal of food and water (sustenance and hydration)? The Law and Standards Committee of the Rabbinical Assembly, the committee that examined these laws was in agreement on almost all aspect of end of life care except the case of removing food and water. So difficult was this issue that there was no resolution of the disagreement and both options are included in the movement’s Medical Directives.
The case for removing food and water from a terminal patient was made by Rabbi Elliot Dorff of the University of Judaism in Los Angeles. He claims that most authorities do not permit withholding food and water from a patient so the burden of proof is on the one who fails to provide these necessities. To do this he notes that the kind of food and water given to the patient who can not eat or swallow, this food and water are more like medicine than food. Just as a blood transfusion is not "eating blood" a prohibited act in Judaism, intravenous food and water is not food at all but medicine and as such it can be withheld.
Rabbi Dorff does note, however that for people in a persistent Vegetative state (pvs) like Terry Schiavo, presents a more difficult case. Such people do not need all kinds of medical equipment to stay alive, but they do need food and water. While they may have no functioning in their higher brain, they sill have enough brain stem activity to stay alive. Saving a life in Judaism does not have us judge the quality of that life. A patient with PVS presents us with a very difficult case. If we were not able to provide the food and water intravenously, than that patient would die. This means that the food and water are like medicine and we can withhold it. While we consider brain death to occur when there is no brain activity at all, if the doctor were to say that lack of higher brain function (neo-cortex) could be the sign of death and if such patients are dead, than food and water can be withheld. Because of issues relating to the diagnosis of PVS and Alzheimer’s disease, food and water should be provided for a period of time in order to be sure of the diagnosis.
There is another side to this discussion, that of Rabbi Avram Reisner. We will look at his position next week.
Next week: End of Life Issues II – The Reisner Position
Monday, February 28, 2005
HMS 5765-23: Judaism and Conversion
Lessons in Memory of my brother Dale Alan Konigsburg
February 28, 2005 - Number 5765-23
Judaism and Conversion
While Judaism often acts as if it is a nation and a civilization, it is still, at its core, a religion. As a religion, it is only natural that some people will abandon their faith and some will join us from other faiths. On both sides Jewish law is very clear. Judaism recognizes no conversion out of our faith. A Jew who adopts another religion is still a Jew, a sinner perhaps, but still a Jew. Under the "Law of Return" of the State of Israel, it is my understanding that anyone who meets the definition of a Jew, no matter their actual faith at this time, is accepted as Jewish under the Law. The only exception is someone who is actively a part of that faith, for example, a born Jew who is now a religious leader in another faith. I will leave the definition of "who is a Jew" to a future lesson.
Judaism permits conversion into Judaism. At various times in our history, other governments have forbidden conversion into Judaism (I believe that some South American countries still prohibit conversion into Judaism, and there may be others) Jews have taken to keeping conversion into our faith quiet. We are not evangelical about our faith in spite of calls in the United States to promote conversion to offset losses from assimilation. There is a custom of turning away the prospective convert up to three time in order to be certain of their commitment to Judaism. Today it is more common to prolong the conversion process allowing ample time for the prospective convert to quit and return to their faith. There are also many reasons why a non-Jew would come for conversion. Perhaps they wish to marry a Jew, or maybe they have good friends that are Jewish and they wish to join them in worship. The reason really doesn’t matter. Judaism only accepts one reason for becoming Jewish, that Judaism is the religion they wish to practice for the rest of their life. Any reason is a good reason to study Judaism, but to finish a conversion, the convert must be ready to accept Judaism as his or her own religion.
Therefore, the first stage in conversion is the study of Judaism. Before one can proclaim that this is the religion I wish to practice, one must know what Judaism is all about. To learn all about Judaism may take 80 years or more (after all, we born Jews are still learning!) We can only begin to set up the framework of a lifetime of Jewish learning. This frame will take about a year to accomplish. The student must experience a year of celebrating the Jewish Holidays. Must learn rituals, customs and ceremonies, must understand Jewish History and learn basics of Hebrew Language. Many communities have 15-18 week courses in Basic Judaism that all candidates must take. A Rabbi must sponsor them in the class to answer their questions and to make sure they are comfortable and understand the process. When this class is over, there may be more sessions with the sponsoring Rabbi on issues of prayer, and the structure of Jewish Law. The candidate should also be attending services on Shabbat or weekdays on a regular basis and getting to know the other members of the community. When this education phase is nearing an end, the sponsoring Rabbi will ask if the student still wants to proceed with the conversion. If so a second part of the conversion begins.
The sponsoring Rabbi calls a bet din, a Rabbinic Court to assess the convert. They will ask the candidate about why he or she wishes to convert, what they have learned about Judaism and if they know enough about Judaism to make this decision. Since the candidate is seeking to enter that which he or she can never leave, we make sure that the desire to be Jewish and the understanding of Judaism is sufficient so that the decision to become Jewish is made with clear intention and full understanding of the meaning of the conversion. Once the Bet Din is satisfied that the candidate is making an informed decision to become Jewish, they ask three questions. 1. "Are you doing this of your own free will?" 2. "Do you understand that there may be times and places where, as a Jew, you will be despised and hated, and perhaps your life could be in danger?" and 3. "Do you understand that you are making this decision not only for yourself, but for any children you may have who will be born Jewish and will need, in the case of a boy, a brit milah, and for all children and Jewish education and you are prepared to provide this to all your children?" If the answer is yes to all three, the Bet Din is concluded and the third phase begins.
The convert must be fully immersed in a mikva or other proper body of living water. The immersion is done in the nude with a proper attendant of the same gender to oversee the immersion. After the immersion the candidate recites two blessings, one for the immersion and the shehechiyanu. At that point the student is Jewish (not a convert). Often there will be a ceremony back at the synagogue and there are certificates to sign and distribute. Such a Jew is a full Jew in every manner and it is improper and illegal in Jewish Law to recall at anytime their life before their conversion. They receive a Hebrew name and carry the name of the patriarch Abraham and the matriarch Sarah.
Next week: Jewish Divorce
February 28, 2005 - Number 5765-23
Judaism and Conversion
While Judaism often acts as if it is a nation and a civilization, it is still, at its core, a religion. As a religion, it is only natural that some people will abandon their faith and some will join us from other faiths. On both sides Jewish law is very clear. Judaism recognizes no conversion out of our faith. A Jew who adopts another religion is still a Jew, a sinner perhaps, but still a Jew. Under the "Law of Return" of the State of Israel, it is my understanding that anyone who meets the definition of a Jew, no matter their actual faith at this time, is accepted as Jewish under the Law. The only exception is someone who is actively a part of that faith, for example, a born Jew who is now a religious leader in another faith. I will leave the definition of "who is a Jew" to a future lesson.
Judaism permits conversion into Judaism. At various times in our history, other governments have forbidden conversion into Judaism (I believe that some South American countries still prohibit conversion into Judaism, and there may be others) Jews have taken to keeping conversion into our faith quiet. We are not evangelical about our faith in spite of calls in the United States to promote conversion to offset losses from assimilation. There is a custom of turning away the prospective convert up to three time in order to be certain of their commitment to Judaism. Today it is more common to prolong the conversion process allowing ample time for the prospective convert to quit and return to their faith. There are also many reasons why a non-Jew would come for conversion. Perhaps they wish to marry a Jew, or maybe they have good friends that are Jewish and they wish to join them in worship. The reason really doesn’t matter. Judaism only accepts one reason for becoming Jewish, that Judaism is the religion they wish to practice for the rest of their life. Any reason is a good reason to study Judaism, but to finish a conversion, the convert must be ready to accept Judaism as his or her own religion.
Therefore, the first stage in conversion is the study of Judaism. Before one can proclaim that this is the religion I wish to practice, one must know what Judaism is all about. To learn all about Judaism may take 80 years or more (after all, we born Jews are still learning!) We can only begin to set up the framework of a lifetime of Jewish learning. This frame will take about a year to accomplish. The student must experience a year of celebrating the Jewish Holidays. Must learn rituals, customs and ceremonies, must understand Jewish History and learn basics of Hebrew Language. Many communities have 15-18 week courses in Basic Judaism that all candidates must take. A Rabbi must sponsor them in the class to answer their questions and to make sure they are comfortable and understand the process. When this class is over, there may be more sessions with the sponsoring Rabbi on issues of prayer, and the structure of Jewish Law. The candidate should also be attending services on Shabbat or weekdays on a regular basis and getting to know the other members of the community. When this education phase is nearing an end, the sponsoring Rabbi will ask if the student still wants to proceed with the conversion. If so a second part of the conversion begins.
The sponsoring Rabbi calls a bet din, a Rabbinic Court to assess the convert. They will ask the candidate about why he or she wishes to convert, what they have learned about Judaism and if they know enough about Judaism to make this decision. Since the candidate is seeking to enter that which he or she can never leave, we make sure that the desire to be Jewish and the understanding of Judaism is sufficient so that the decision to become Jewish is made with clear intention and full understanding of the meaning of the conversion. Once the Bet Din is satisfied that the candidate is making an informed decision to become Jewish, they ask three questions. 1. "Are you doing this of your own free will?" 2. "Do you understand that there may be times and places where, as a Jew, you will be despised and hated, and perhaps your life could be in danger?" and 3. "Do you understand that you are making this decision not only for yourself, but for any children you may have who will be born Jewish and will need, in the case of a boy, a brit milah, and for all children and Jewish education and you are prepared to provide this to all your children?" If the answer is yes to all three, the Bet Din is concluded and the third phase begins.
The convert must be fully immersed in a mikva or other proper body of living water. The immersion is done in the nude with a proper attendant of the same gender to oversee the immersion. After the immersion the candidate recites two blessings, one for the immersion and the shehechiyanu. At that point the student is Jewish (not a convert). Often there will be a ceremony back at the synagogue and there are certificates to sign and distribute. Such a Jew is a full Jew in every manner and it is improper and illegal in Jewish Law to recall at anytime their life before their conversion. They receive a Hebrew name and carry the name of the patriarch Abraham and the matriarch Sarah.
Next week: Jewish Divorce
HMS 5765-22: Judaism and Sex IV: Teaching Sexual Values to the Next Generation
Lessons in Memory of my brother Dale Alan Konigsburg
February 28, 2005 - Number 5765-22
Judaism and Sex IV: Teaching Sexual Values to the Next Generation
Sex Education is seen on one hand, as an important part of what being a parent is all about, and yet, on the other hand, is seen as one of the most difficult lessons we have to teach our children. Parents have a tendency to leave sex education to the school system, either the public schools or to private schools. There is a flaw in this system that parents just don’t seem to want to confront. Schools can teach the biology of sexual reproduction, but the value system that underlies human sexuality, depends on families to transmit them from one generation to another. Even a Jewish day school, which may share our outlook on most other aspects of life, can not, in the impersonal atmosphere of the classroom, teach sexuality to children. It is a lesson that belongs in the home in the hands of thoughtful parents.
The first step in this, and any other teaching situation, is for the parents to be able to articulate for themselves a sexual ethic. Since parents often had an incomplete or inadequate sexual education themselves, we need to be able to clearly state what we believe to be a proper sexual ethic. It has to also be the ethic that we live by; we can not be hypocritical when we go to teach our children. Society today gives us all kinds of ethics to choose from, and if we don’t articulate what we believe, a generic ethic, one that arises from movies, television and books will step in to fill the breach. Generic values such as these do not guide our children, they often only teach our children to think of sex as a commodity, a reason to buy clothing, cars or perfume and to believe that if they don’t have a certain amount of sexuality, they will be a failure in life. Judaism teaches that there is more to sex than biology and that sexuality is the most personal of values, one that should not be shared in public. This is why guidance from home is so crucial. We need to understand how we feel about intimacy so we can teach our children well.
Conservative Judaism teaches us that sexuality is one value in a society that balances many values. As such, it should fit smoothly in with the other values we teach. First of all, that a discussion on sexuality is indeed a religious discussion. Often we think that religion has little to say on sexuality, that religion frowns upon all aspects of sex, seeing this aspect of our lives as "dirty, animalistic, and profane" In Judaism this is far from the truth. Our sexuality, just like every other part of our life, is a gift from G-d. Therefore it can be a way of bringing spirituality into our lives. Sex, in Judaism is very much a religious discussion. We also consider humanity as an integrated whole. That food (and the laws of Kashrut) the quest for power (and the laws of Shabbat) go together with sexuality (and the laws of family purity). Sex is one way we express the idea that we are created in the image of G-d, with the G-d given gift of procreation. And yet, it is not a gift that we flaunt in public. Modesty is also a value that shapes our sexual life. People may speak to strangers on national television about their sexual life, but Judaism says that it is a part of our life that we only discuss with our sexual partners. There are also issues relating to respect for each other, honesty, health and safety as well as holiness.
Judaism feels that such values can be best expressed in the context of marriage. That promiscuity and culture that it engenders is an anathema to Jewish society. Adultery, in Judaism is a capital offense, against humanity and against G-d. Sex in the context of marriage is best for meaningful companionship and for providing a stable home for children. When a marriage does not provide this kind of companionship and sexual support, than divorce must end that relationship before a new relationship can begin. Conservative Judaism admits that non-marital sex is a part of society, but it continues to assert that sex within the context of marriage is the ideal. However, it is not a "zero sum game" that if a person, for a particular reason, engages in non-marital sex, the other values still hold, especially that of honesty, health and safety and fidelity. It is a most adult activity and not appropriate for teenagers and the immature.
We must also teach the difference between "social intimacy" and sexuality. Conservative Judaism does not frown upon holding hands, hugs and social kissing. These are a natural way for people to convey a host of feelings and to provide comfort and support for others. Other activities, that indicate a more personal relationship, rightfully belong in private.
Finally, there are also religious aspects to relationships as well. Conservative Judaism feels very strongly about dating and marrying only Jews. This is important not just for the continuity of our faith, but for the strength and longevity of the marriage. Sex and religion are bound to each other and, when they are in concert, they can make a strong healthy bond that will last a lifetime. Judaism depends upon such strong relationships, for only these families, built upon a meaningful and healthy sexual ethic, will enable our faith to speak to the next generation.
As a resource, The Rabbinical Assembly publishes a booklet, "This is My Beloved, This is My Friend, A Rabbinic Letter on Intimate Relations" available from The United Synagogue Book Service at www. USCJ,org Click on the links to the Book Service and it can be found in the Rabbinical Assembly section.
Next week: Judaism and Conversion
February 28, 2005 - Number 5765-22
Judaism and Sex IV: Teaching Sexual Values to the Next Generation
Sex Education is seen on one hand, as an important part of what being a parent is all about, and yet, on the other hand, is seen as one of the most difficult lessons we have to teach our children. Parents have a tendency to leave sex education to the school system, either the public schools or to private schools. There is a flaw in this system that parents just don’t seem to want to confront. Schools can teach the biology of sexual reproduction, but the value system that underlies human sexuality, depends on families to transmit them from one generation to another. Even a Jewish day school, which may share our outlook on most other aspects of life, can not, in the impersonal atmosphere of the classroom, teach sexuality to children. It is a lesson that belongs in the home in the hands of thoughtful parents.
The first step in this, and any other teaching situation, is for the parents to be able to articulate for themselves a sexual ethic. Since parents often had an incomplete or inadequate sexual education themselves, we need to be able to clearly state what we believe to be a proper sexual ethic. It has to also be the ethic that we live by; we can not be hypocritical when we go to teach our children. Society today gives us all kinds of ethics to choose from, and if we don’t articulate what we believe, a generic ethic, one that arises from movies, television and books will step in to fill the breach. Generic values such as these do not guide our children, they often only teach our children to think of sex as a commodity, a reason to buy clothing, cars or perfume and to believe that if they don’t have a certain amount of sexuality, they will be a failure in life. Judaism teaches that there is more to sex than biology and that sexuality is the most personal of values, one that should not be shared in public. This is why guidance from home is so crucial. We need to understand how we feel about intimacy so we can teach our children well.
Conservative Judaism teaches us that sexuality is one value in a society that balances many values. As such, it should fit smoothly in with the other values we teach. First of all, that a discussion on sexuality is indeed a religious discussion. Often we think that religion has little to say on sexuality, that religion frowns upon all aspects of sex, seeing this aspect of our lives as "dirty, animalistic, and profane" In Judaism this is far from the truth. Our sexuality, just like every other part of our life, is a gift from G-d. Therefore it can be a way of bringing spirituality into our lives. Sex, in Judaism is very much a religious discussion. We also consider humanity as an integrated whole. That food (and the laws of Kashrut) the quest for power (and the laws of Shabbat) go together with sexuality (and the laws of family purity). Sex is one way we express the idea that we are created in the image of G-d, with the G-d given gift of procreation. And yet, it is not a gift that we flaunt in public. Modesty is also a value that shapes our sexual life. People may speak to strangers on national television about their sexual life, but Judaism says that it is a part of our life that we only discuss with our sexual partners. There are also issues relating to respect for each other, honesty, health and safety as well as holiness.
Judaism feels that such values can be best expressed in the context of marriage. That promiscuity and culture that it engenders is an anathema to Jewish society. Adultery, in Judaism is a capital offense, against humanity and against G-d. Sex in the context of marriage is best for meaningful companionship and for providing a stable home for children. When a marriage does not provide this kind of companionship and sexual support, than divorce must end that relationship before a new relationship can begin. Conservative Judaism admits that non-marital sex is a part of society, but it continues to assert that sex within the context of marriage is the ideal. However, it is not a "zero sum game" that if a person, for a particular reason, engages in non-marital sex, the other values still hold, especially that of honesty, health and safety and fidelity. It is a most adult activity and not appropriate for teenagers and the immature.
We must also teach the difference between "social intimacy" and sexuality. Conservative Judaism does not frown upon holding hands, hugs and social kissing. These are a natural way for people to convey a host of feelings and to provide comfort and support for others. Other activities, that indicate a more personal relationship, rightfully belong in private.
Finally, there are also religious aspects to relationships as well. Conservative Judaism feels very strongly about dating and marrying only Jews. This is important not just for the continuity of our faith, but for the strength and longevity of the marriage. Sex and religion are bound to each other and, when they are in concert, they can make a strong healthy bond that will last a lifetime. Judaism depends upon such strong relationships, for only these families, built upon a meaningful and healthy sexual ethic, will enable our faith to speak to the next generation.
As a resource, The Rabbinical Assembly publishes a booklet, "This is My Beloved, This is My Friend, A Rabbinic Letter on Intimate Relations" available from The United Synagogue Book Service at www. USCJ,org Click on the links to the Book Service and it can be found in the Rabbinical Assembly section.
Next week: Judaism and Conversion
Monday, February 21, 2005
HMS 5765-21: Special Edition:
Lessons in Memory of my brother Dale Alan Konigsburg
February 21, 2005 - Number 5765-21
Special Edition:
I received an E-mail this week from Beryl Glansberg that warrants some extensive comment. Not because Beryl’s letter has any problems, but because it speaks to the way many people look to Jewish Law and Halacha. So while Beryl has raised an important issue, I want to pause this week to address the larger issues that she raises, issues that many people raise about Halacha everyday. Here is her letter:
(Last week I wrote:) "Homosexuality is forbidden in Jewish Law. There is a full review of this stand taking place in our movement as this is written."(Beryl Replies:) I certainly hope so. This is an archaic view that truly alienates people that are born Jewish and want to be accepted into the Kehillah. As a people in crisis, with staggering intermarriage and divorce rates, logic would dictate that we do not chase people away and discriminate against them because of their sexual preference. I am not interested in Rabbinic Jewish law that was written to be applicable to a culture long ago.I certainly hope that our Conservative movement gets with the times and accepts these members of our Kehillah and supports them, just as they would a heterosexual.
While there are many good comparisons between the Torah and the Constitution of the United States, there is one fundamental difference between them. The Constitution was written by human beings and their words can be amended in times of need. The Torah, however we received it, is considered to be the word of G-d. It cannot be amended. The Torah also does not allow for any legislative body to create new laws or to change old ones. G-d’s law is as perfect as G-d. This is one reason we are so careful about every letter in a Torah scroll. We must not change one dot of the divine revelation. Therefore when the book of Leviticus calls homosexuality an "abomination" we have to deal with the law as it has been received. We cannot just change it to suit our needs. We cannot erase it because it makes us uncomfortable. We cannot ignore it because it is the word of G-d. We have no choice but to follow its teaching.
And yet, the Sages of the Talmud did have one way of keeping the Torah from becoming a stagnant law. For a law to be alive, it has to be able to adapt and change. As any good lawyer or lawmaker can tell you, there is yet one way to change even the Law of G-d, and that is through the actions of Rabbinic courts. It is these courts over the centuries, that have ruled on how laws are to be followed or not followed. Which ones were "qualified" out of existence, and which ones were magnified in order to effect an important change in society. People change, society changes and the law must change as well. Otherwise we would be saddled with laws that could be considered immoral or unethical. It has been the role of the Rabbi, and of the Rabbinic deciders (called "Poskim") to make the rulings that keep our Torah alive and meaningful.
There are many considerations that go into this process. I classify them into four categories. 1. What is the law as we received it? 2. What are the modern issues it raises? 3. What are the implications for the individual Jew? And 4. What are the implications for Jewish society? These four categories must be in balance. If not, the poskim need to address the issue to bring them back into balance. The issue is not "a law applicable to a culture long ago" the issue is if the law is meaningful today. The issue is also not "getting with the times" but what is good for Judaism and for the Jews who take Halacha seriously.
What really got my attention was the notation, (and please Beryl, I don’t mean to pick on you, there are at least two dozen people who would easily agree with you and I address myself to them as well, you were just the one who wrote, and I do thank you for this opportunity to clarify the issue) "As a people in crisis, with staggering intermarriage and divorce rates, logic would dictate that we do not chase people away and discriminate against them because of their sexual preference" In fact, we could make a very compelling case that homosexuality would add nothing to the Jewish people because this particular sexual preference would not help in the least the growth of the Jewish people. Judaism depends on heterosexual families for the growth and continued viability of our people. And even these families are not having enough children to replace themselves. Jewish Society is very concerned with our low birthrate and our losses from the holocaust. Homosexual behavior will help little or not at all with this crisis in our society.
What are the issues? Why does the Torah condemn homosexuality as an "abomination"? What was it about this sexual behavior that warrants this strict terminology? Is it similar to other laws that forbid idolatry? If so, than perhaps we are talking about a different kind of homosexuality than the one forbidden by the Torah. If not, perhaps as a form of sexuality that has no hope at all of procreation, it is to be forbidden as one forbids other, non-heterosexual forms of sexual activity (Leviticus is full of such laws). What would be the impact on Jewish Society if homosexuality was permitted? Would we only permit monogamous homosexuality and shun promiscuous behavior as we do with heterosexuals? Should there be a "commitment ceremony" for these relationships and could we call it "kiddushin" (holy)? What is the impact this will have on individual homosexual Jews? Will changing this law help or hurt the vision that all Jews have toward Torah and Halacha? These are all important questions and these are the kinds of discussions now taking place at the Rabbinical Assembly’s Law and Standards Committee.
One thing is very clear. While homosexual behavior is not permitted in Jewish law, discrimination against anyone who is a gay or lesbian is also very much against Jewish law. Halacha is quite clear that the law applies to everyone equally. A homosexual Jew may not, according to Torah, be permitted to engage in homosexual behavior, but he can still hold a job, buy a home, and has the right to live without fear. Discrimination against anyone for any reason, including sexual orientation, is antithetical to Halacha and to any Jewish sensibility. Gay and Lesbian Jews are still Jews and have all the rights and privileges that come with being Jewish including being called to the Torah, leading services, serving as Rabbis and serving as Synagogue officers. Jewish Law may have a problem with their sexual orientation, but not with their humanity. Discrimination and hate are out of the question. There are many resolutions in Conservative Judaism that affirm this position. We do not discriminate against those who violate Shabbat and Kashrut in their daily lives, why should sexual orientation be any different?
Whatever may be my personal understanding of the law, I will wait until the poskim of our movement will publish their positions and then I will comment on what they have to say. It would be unfair for me or any other Rabbi to make rulings while the discussion is still underway. It is my hope that G-d will guide their discussions to an acceptable conclusion (or conclusions - it is very possible that there will be more than one opinion on this subject). I can assure everyone, however, that the discussions are being done with great sensitivity and great respect for people and for Halacha.
Next week we will continue with our series.
Next week: Judaism and Sex IV: Teaching Sexual Values to the Next Generation
February 21, 2005 - Number 5765-21
Special Edition:
I received an E-mail this week from Beryl Glansberg that warrants some extensive comment. Not because Beryl’s letter has any problems, but because it speaks to the way many people look to Jewish Law and Halacha. So while Beryl has raised an important issue, I want to pause this week to address the larger issues that she raises, issues that many people raise about Halacha everyday. Here is her letter:
(Last week I wrote:) "Homosexuality is forbidden in Jewish Law. There is a full review of this stand taking place in our movement as this is written."(Beryl Replies:) I certainly hope so. This is an archaic view that truly alienates people that are born Jewish and want to be accepted into the Kehillah. As a people in crisis, with staggering intermarriage and divorce rates, logic would dictate that we do not chase people away and discriminate against them because of their sexual preference. I am not interested in Rabbinic Jewish law that was written to be applicable to a culture long ago.I certainly hope that our Conservative movement gets with the times and accepts these members of our Kehillah and supports them, just as they would a heterosexual.
While there are many good comparisons between the Torah and the Constitution of the United States, there is one fundamental difference between them. The Constitution was written by human beings and their words can be amended in times of need. The Torah, however we received it, is considered to be the word of G-d. It cannot be amended. The Torah also does not allow for any legislative body to create new laws or to change old ones. G-d’s law is as perfect as G-d. This is one reason we are so careful about every letter in a Torah scroll. We must not change one dot of the divine revelation. Therefore when the book of Leviticus calls homosexuality an "abomination" we have to deal with the law as it has been received. We cannot just change it to suit our needs. We cannot erase it because it makes us uncomfortable. We cannot ignore it because it is the word of G-d. We have no choice but to follow its teaching.
And yet, the Sages of the Talmud did have one way of keeping the Torah from becoming a stagnant law. For a law to be alive, it has to be able to adapt and change. As any good lawyer or lawmaker can tell you, there is yet one way to change even the Law of G-d, and that is through the actions of Rabbinic courts. It is these courts over the centuries, that have ruled on how laws are to be followed or not followed. Which ones were "qualified" out of existence, and which ones were magnified in order to effect an important change in society. People change, society changes and the law must change as well. Otherwise we would be saddled with laws that could be considered immoral or unethical. It has been the role of the Rabbi, and of the Rabbinic deciders (called "Poskim") to make the rulings that keep our Torah alive and meaningful.
There are many considerations that go into this process. I classify them into four categories. 1. What is the law as we received it? 2. What are the modern issues it raises? 3. What are the implications for the individual Jew? And 4. What are the implications for Jewish society? These four categories must be in balance. If not, the poskim need to address the issue to bring them back into balance. The issue is not "a law applicable to a culture long ago" the issue is if the law is meaningful today. The issue is also not "getting with the times" but what is good for Judaism and for the Jews who take Halacha seriously.
What really got my attention was the notation, (and please Beryl, I don’t mean to pick on you, there are at least two dozen people who would easily agree with you and I address myself to them as well, you were just the one who wrote, and I do thank you for this opportunity to clarify the issue) "As a people in crisis, with staggering intermarriage and divorce rates, logic would dictate that we do not chase people away and discriminate against them because of their sexual preference" In fact, we could make a very compelling case that homosexuality would add nothing to the Jewish people because this particular sexual preference would not help in the least the growth of the Jewish people. Judaism depends on heterosexual families for the growth and continued viability of our people. And even these families are not having enough children to replace themselves. Jewish Society is very concerned with our low birthrate and our losses from the holocaust. Homosexual behavior will help little or not at all with this crisis in our society.
What are the issues? Why does the Torah condemn homosexuality as an "abomination"? What was it about this sexual behavior that warrants this strict terminology? Is it similar to other laws that forbid idolatry? If so, than perhaps we are talking about a different kind of homosexuality than the one forbidden by the Torah. If not, perhaps as a form of sexuality that has no hope at all of procreation, it is to be forbidden as one forbids other, non-heterosexual forms of sexual activity (Leviticus is full of such laws). What would be the impact on Jewish Society if homosexuality was permitted? Would we only permit monogamous homosexuality and shun promiscuous behavior as we do with heterosexuals? Should there be a "commitment ceremony" for these relationships and could we call it "kiddushin" (holy)? What is the impact this will have on individual homosexual Jews? Will changing this law help or hurt the vision that all Jews have toward Torah and Halacha? These are all important questions and these are the kinds of discussions now taking place at the Rabbinical Assembly’s Law and Standards Committee.
One thing is very clear. While homosexual behavior is not permitted in Jewish law, discrimination against anyone who is a gay or lesbian is also very much against Jewish law. Halacha is quite clear that the law applies to everyone equally. A homosexual Jew may not, according to Torah, be permitted to engage in homosexual behavior, but he can still hold a job, buy a home, and has the right to live without fear. Discrimination against anyone for any reason, including sexual orientation, is antithetical to Halacha and to any Jewish sensibility. Gay and Lesbian Jews are still Jews and have all the rights and privileges that come with being Jewish including being called to the Torah, leading services, serving as Rabbis and serving as Synagogue officers. Jewish Law may have a problem with their sexual orientation, but not with their humanity. Discrimination and hate are out of the question. There are many resolutions in Conservative Judaism that affirm this position. We do not discriminate against those who violate Shabbat and Kashrut in their daily lives, why should sexual orientation be any different?
Whatever may be my personal understanding of the law, I will wait until the poskim of our movement will publish their positions and then I will comment on what they have to say. It would be unfair for me or any other Rabbi to make rulings while the discussion is still underway. It is my hope that G-d will guide their discussions to an acceptable conclusion (or conclusions - it is very possible that there will be more than one opinion on this subject). I can assure everyone, however, that the discussions are being done with great sensitivity and great respect for people and for Halacha.
Next week we will continue with our series.
Next week: Judaism and Sex IV: Teaching Sexual Values to the Next Generation
Subscribe to:
Posts (Atom)