Talmidav Shel Aharon
19-5767: Mitzvah 50
March 26, 2007
Mitzvah 50 – It is a positive commandment to accord honor to a Kohen (A direct male descendant of Aaron).
Hafetz Hayim: As Scripture says: “You shall hallow him” (Lev. 21:8) which means to make him holy and prepare him, that he should be fit and ready to offer up sacrifices at the Sanctuary, and also to treat him with honor, making him first in every matter of holiness; to begin as the first at the reading of the Torah, to be the first to say the benediction at a meal, and to take a fine portion at the start. We are duty bound to hallow him thus even against his will if he does not wish it since Scripture states, “You shall hallow him” even against his will. Even if a Kohen has a disfiguring defect, and thus is not fit for service, we are obligated to honor him. It is in effect everywhere and every time for men and for women.
The Conservative/Masorti movement has addressed most of the issues in this Mitzvah but I am going to save those comments and opinions for the next lesson. (Which, believe it or not, is harder than this one). Let us address the sacred honor that the Hafetz Hayyim is asking for in this Mitzvah so that we can understand why it is so difficult today.
The force of this Mitzvah comes from the fact that it is spoken by G-d to Moses. It is not a matter of debate or human decision. G-d chose Aaron, the brother of Moses and the descendants of Aaron to the priesthood as an everlasting covenant. There is nothing a descendant of Aaron can do to end this sacred relationship. It is as much a part of their life as their DNA. In fact, much has been made of the fact that there is a genetic marker that seems to indeed identify the descendants of Aaron. It is so reliable, it seems, that there is a tribe in East Africa that also seems to have the marker and an old tradition that speaks of them migrating from somewhere else. Perhaps they are ancient Kohanim who migrated south thousands of years ago. It is intriguing but really not relevant to our lesson.
In order to officiate in the Sanctuary, the Kohanim had to be between the ages of 20 and 50 and unblemished. There is a list of physical defects that invalidate a Kohen for service. Blind, lame, missing limbs, etc. They did not have to be handsome, but they needed to be whole. If a defective animal was not permitted to be a sacrifice, a blemished Kohen was not permitted to officiate. In the period of the second Temple, a Kohen could be called to service perhaps once or twice in a lifetime. They served that one day and then went back to whatever it was that they were doing. There were only a set staff of Kohanim that worked in the Temple, the High Priest and his staff. The rest were brought in on a rotating basis.
When the Temple was destroyed, the issue of a physical defect became moot and all Kohanim were given a variety of privileges as a way of remembering the holiness that they once enjoyed. A Kohen was to receive the first Aliyah to the Torah whenever the Torah was read. If there were two Kohanim, only one was given the honor, the other could not go second or third or later since that would imply that one Kohan was greater than the other. The honor of leading the Birkat Hamazon was a similar honor, if a Kohen was present, he would always be the first to be asked to lead. If he could not lead than another could be asked. Kohanim were also designated to recite the benediction that is found in the Book of Numbers which we call the “Priestly Benediction”. To this day, in Israel and on the pilgrimage festivals in traditional congregations, they will, take off their shoes and wash their hands, stand before the congregation on a raised platform, put a Tallit over their heads and hands, lift up their hands and intone the blessings. It is a ritual that is not only old but still holds an element of the sacred in it.
There has been a movement in recent years to include women in the rituals of the Kohanim. A woman who marries a Kohen does not become one, but is entitled to enjoy whatever honors he is given. The status is passed down to both boys and girls but only the boys can pass it on to their children. A woman Kohenet is the daughter of a Kohen. In some congregations, she is given all the same honors as her brothers. In addition, her first born son, even if his father is not a Kohen, does not have the ritual of Pidyon Ha Ben performed. We will explain this further in a future lesson. When the first Temple was destroyed, our people went into exile in Babylonia. According to the book of Ezra, when they returned, only the Kohanim who could prove their pedigree (Ezra himself was a Kohen) were allowed to officiate in the second Temple when it was completed. Today, when we have moved far beyond animal sacrifices and we no longer long for a rebuilt Temple, there are those who ask why we are still honoring the Kohanim. It is a good questions and one that we will look into in the next lesson.
Monday, March 26, 2007
Tuesday, March 20, 2007
18-5767: Mitzvah 48-49: Shechitta
Talmidav Shel Aharon
18-5767: Mitzvah 48-49
March 20, 2007
Mitzvah 48 – It is a positive commandment to ritually slaughter a domestic or untamed animal, or fowl, if one wishes to eat of their flesh.
Hafetz Hayim: As Scripture says: “then you shall slaughter some of your herd and your flock as I have commanded” (Deut. 12:21) which teaches us that Moses our teacher was instructed orally the laws of shechitta (ritual slaughtering): That it must be at the gullet and the windpipe, cutting most of one tube in fowl and most of both in an animal; and about pausing, pressing the knife, inserting it under cover, cutting at a slant and tearing loose that these disqualify shechitta. It is in effect everywhere and every time for men and for women.
Mitzvah 49 – it is a positive commandment to cover the blood of the shechitta (ritual slaughtering) of pure (Kosher) untamed animals of fowl.
Hafetz Hayim: Scripture says: about an untamed animal or fowl, “he shall pour out its blood and cover it with earth.” (Lev. 17:13) It is necessary to put earth underneath, then do the ritual slaughtering, and then cover it; for the term “with earth” [lit. “in the earth” as Rashi] denotes earth underneath and above. It is in effect everywhere and every time for men and for women.
Kosher meat is not meat that has been blessed by a Rabbi, it is, from the moment of slaughter, handled in a special way. Here we have the Mitzvot of Kosher slaughter, called “shechitta” It has long been considered a form of slaughter that takes into account that an animal is giving up its life so that we can eat it for food. We have to be aware that we are taking a life and to treat that life with great respect. There are animals that can never be used as food. These are listed in the Torah. But even the animals we are permitted to eat, these must be slaughtered in the prescribed fashion so that we will take cognizance of their pain and give respect for the life we are taking.
I am not going to go into the details of kosher slaughter. The rules are spelled out in the Talmud and are studied by those wishing to practice as a Shochet, or one who is expert in ritual slaughter. As we see here, the Hafetz Hayim tells us that if any part of the slaughter goes wrong, Jews cannot eat that animal. The meat is not kosher. Since the blood of an animal carries life like the blood of a human, the blood must be covered once it has been drained out of the animal. Jews do not eat the blood of any animal or fowl but bury it in the earth.
In ancient days, only when a animal was to be sacrificed could its meat be eaten, later, when people would want to eat meat outside of the Temple, these laws of “secular sacrifice” were given. Notice that the details are called “oral law”. The written Torah is a wonderful text that teaches us many laws. It is very terse, however, and many details, necessary to keeping the Mitzvot are missing. The Sages therefore declared that, in addition to the written Torah, there was an “oral Torah” given verbally to Moses by G-d at Sinai and passed down from generation to generation of scholars. Much of the Talmud is the effort of Sages to get this law down in writing before it could be forgotten in the turbulent times of the Hadrianic Persecutions. This oral law was considered as binding as the written law.
While these laws of Shechitta were meant to help ease the pain of suffering of the animals, they do not do the job all by themselves. Questions in modern times have been raised about the way animals are treated before they are slaughtered. Some are kept in small pens, fed special foods that make the meat tender but do not nourish the animal. That the animal may be terrified by the way it is handled, hoisted by its hind legs into the air to put it in a better position for the slaughter. This seems to undermine the very principles that Shechitta should be all about. The Conservative/Masorti movement is committed to ending the suffering of animals not only at the moment of slaughter, but in all of their life.
Now there is a new concern. Some Rabbis have expressed a concern that we are treating the animals in a better way than the people hired to process the meat. Such thinking reminds us that Kashrut is about being as ethical with what goes in our mouth as with what comes out. If the factory workers are underpaid, understaffed, working in dangerous conditions and without adequate benefits, than how can we say that this meat was processed with a minimal of suffering? Tzedeck Heksher is what is being developed that will insure that neither the animals or the factory workers will suffer so that we can eat meat. Finally, notice that the rules only apply if we want to eat meat. It is not a commandment to eat meat. One is permitted to be a vegetarian and in fact, the Torah, it the early chapters of the book of Genesis, seems to imply that G-d intended us to be vegetarians and only after the flood, was divine permission given to eat meat. Vegetarianism seems to be the preferred form of eating, with meat eating being a concession to the more violent aspect of our humanity.
18-5767: Mitzvah 48-49
March 20, 2007
Mitzvah 48 – It is a positive commandment to ritually slaughter a domestic or untamed animal, or fowl, if one wishes to eat of their flesh.
Hafetz Hayim: As Scripture says: “then you shall slaughter some of your herd and your flock as I have commanded” (Deut. 12:21) which teaches us that Moses our teacher was instructed orally the laws of shechitta (ritual slaughtering): That it must be at the gullet and the windpipe, cutting most of one tube in fowl and most of both in an animal; and about pausing, pressing the knife, inserting it under cover, cutting at a slant and tearing loose that these disqualify shechitta. It is in effect everywhere and every time for men and for women.
Mitzvah 49 – it is a positive commandment to cover the blood of the shechitta (ritual slaughtering) of pure (Kosher) untamed animals of fowl.
Hafetz Hayim: Scripture says: about an untamed animal or fowl, “he shall pour out its blood and cover it with earth.” (Lev. 17:13) It is necessary to put earth underneath, then do the ritual slaughtering, and then cover it; for the term “with earth” [lit. “in the earth” as Rashi] denotes earth underneath and above. It is in effect everywhere and every time for men and for women.
Kosher meat is not meat that has been blessed by a Rabbi, it is, from the moment of slaughter, handled in a special way. Here we have the Mitzvot of Kosher slaughter, called “shechitta” It has long been considered a form of slaughter that takes into account that an animal is giving up its life so that we can eat it for food. We have to be aware that we are taking a life and to treat that life with great respect. There are animals that can never be used as food. These are listed in the Torah. But even the animals we are permitted to eat, these must be slaughtered in the prescribed fashion so that we will take cognizance of their pain and give respect for the life we are taking.
I am not going to go into the details of kosher slaughter. The rules are spelled out in the Talmud and are studied by those wishing to practice as a Shochet, or one who is expert in ritual slaughter. As we see here, the Hafetz Hayim tells us that if any part of the slaughter goes wrong, Jews cannot eat that animal. The meat is not kosher. Since the blood of an animal carries life like the blood of a human, the blood must be covered once it has been drained out of the animal. Jews do not eat the blood of any animal or fowl but bury it in the earth.
In ancient days, only when a animal was to be sacrificed could its meat be eaten, later, when people would want to eat meat outside of the Temple, these laws of “secular sacrifice” were given. Notice that the details are called “oral law”. The written Torah is a wonderful text that teaches us many laws. It is very terse, however, and many details, necessary to keeping the Mitzvot are missing. The Sages therefore declared that, in addition to the written Torah, there was an “oral Torah” given verbally to Moses by G-d at Sinai and passed down from generation to generation of scholars. Much of the Talmud is the effort of Sages to get this law down in writing before it could be forgotten in the turbulent times of the Hadrianic Persecutions. This oral law was considered as binding as the written law.
While these laws of Shechitta were meant to help ease the pain of suffering of the animals, they do not do the job all by themselves. Questions in modern times have been raised about the way animals are treated before they are slaughtered. Some are kept in small pens, fed special foods that make the meat tender but do not nourish the animal. That the animal may be terrified by the way it is handled, hoisted by its hind legs into the air to put it in a better position for the slaughter. This seems to undermine the very principles that Shechitta should be all about. The Conservative/Masorti movement is committed to ending the suffering of animals not only at the moment of slaughter, but in all of their life.
Now there is a new concern. Some Rabbis have expressed a concern that we are treating the animals in a better way than the people hired to process the meat. Such thinking reminds us that Kashrut is about being as ethical with what goes in our mouth as with what comes out. If the factory workers are underpaid, understaffed, working in dangerous conditions and without adequate benefits, than how can we say that this meat was processed with a minimal of suffering? Tzedeck Heksher is what is being developed that will insure that neither the animals or the factory workers will suffer so that we can eat meat. Finally, notice that the rules only apply if we want to eat meat. It is not a commandment to eat meat. One is permitted to be a vegetarian and in fact, the Torah, it the early chapters of the book of Genesis, seems to imply that G-d intended us to be vegetarians and only after the flood, was divine permission given to eat meat. Vegetarianism seems to be the preferred form of eating, with meat eating being a concession to the more violent aspect of our humanity.
Wednesday, March 14, 2007
17-5767: Mitzvah 47
Talmidav Shel Aharon
17-5767: Mitzvah 47
March 13, 2007
Mitzvah 47 – It is a positive commandment to circumcise every male at the age of eight days
Hafetz Hayim:As Scripture says: “And he that is eight days old shall be circumcised among you, every male.” (Gen. 17:12) I must be specifically by day as Scripture says, “On the eighth day the flesh of the foreskin shall be circumcised” (Lev. 12:3). And the circumcision shall be done after the dawn came up, he fulfilled the duty . When both the obligation and the time of the circumcision are certain, it thrusts aside Shabbat (usually it is a violation of Shabbat to make a wound that draws blood) Circumcision is a positive commandment that for its violation involves “Karet”, (Divine severance of existence) since Scripture says, “and any uncircumcised male who is not circumcised in the flesh of his foreskin shall be cut off” (Gen. 17:14). It is a religious duty for the father to circumcise his son; and if the father transgresses and does not have him circumcised, he disobeys this positive commandment but he is not punished with “karet”, since “karet” is meted out to none but the uncircumcised person himself. For if the father did not circumcise him, he himself has the duty to circumcise himself when he grows up, and every day that passes by from the time he is grown, and he does not circumcise himself, he disobeys the positive commandment and deserves “karet” if he dies having deliberately not circumcised himself. Whoever thus violates the covenant, even if he has Torah learning and good deeds to his credit, has no share in the world to come. And how great is this religious duty, since thirteen covenants were made over it. It is in effect everywhere and every time.
We can understand most of this mitzvah if we remember that this is the second mitzvah found in the Torah, one of only three mitzvot in the entire book of Genesis. Jews have chosen to risk their very lives to make sure that a child is brought into the covenant through the ritual of Brit Milah, the ceremony that includes circumcision. In ancient Egypt, Jews circumcised their boys even though they were to be thrown into the river by Pharaoh. The Maccabees fought the Syrian-Greeks over the issue of circumcision. Jews in Europe risked Nazi wrath in Ghettos and continued to circumcise their sons. It is also clear that at many points in history, Jews who have sought to be accepted by non-Jews tried to cover over, remove or refuse circumcision. We can begin to see why the Hafetz Hayim spells out this duty so clearly.
I also want to clarify that what the Hafetz Hayim is referring to is not the surgical procedure called “circumcision” in medical texts. Rather he refers to an ancient ceremony, that includes bringing a boy into the covenant of Abraham by circumcising the child on the eighth day and then giving that child a Hebrew name. If the surgery is done before the eighth day, it does not fulfill the mitzvah. It can be done later but then it will not, as above, be permitted to violate Shabbat for it. If the surgery is done without the blessings and rituals, it does not fufill the requirements of Brit Milah and one has not fulfilled the Mitzvah described above.
The mitzvah is the responsibility of every Jewish male. We are required to be circumcised properly. Since it has to be done on the eighth day, Fathers are required to act on their son’s behalf. If a father fails to do this, than, once the boy becomes an adult (at age 13 in Judaism) the boy becomes responsible. Practically, it means that when he turns 18 and no longer needs his father’s approval, he can arrange for the ceremony himself (it is a much bigger operation at 18 years than it is at 8 days) he does not have to do the surgery himself, on himself, rather he consults the proper doctors and Rabbi to see that it is done properly. If a man is circumcised already but it was done incorrectly (or he was born circumcised) a different procedure is used, called Hatafat Dam Brit, where a drop of blood is drawn from the scar of the original circumcision so that the blessings and prayers may be recited. Boys are not given Hebrew names until they are circumcised.
The professional associated with circumcision in Judaism is called a Mohel. He is the one who is responsible for the prayers, the naming and the surgery. He is trained medically to be able to inspect the child to make sure there will not be any complications and trained ritually to make sure that all is done properly.
As we may expect, there are a lot of traditions and superstitions that have crept into the Brit Milah ceremony. For example, there is a long tradition that Elijah the Prophet is at every Brit Milah. This is because he told G-d that the people would never keep this Mitzvah. To prove Elijah wrong, G-d ordained that he be in attendance at every one. We reserve a chair for him in his honor. There is a superstition that at the end of the ceremony, a woman who sits in the chair will give birth to a boy before the year is over. (I do not recommend this particular fertility treatment but hey, if you want to give it a try, it can’t hurt!)
The other person who is involved in this ceremony is called the “Sandek” this is the honor given to the one who will hold the child during surgery. Usually this is not done by a parent, who is to close to the child for this, but a religious relative who would feel honored by his or her selection. The ceremony is concluded with a Seudah Mitzvah, a special meal of celebration.
Converts to Judaism are circumcised (or hatafat dam Brit is performed) before their immersion.
This is not some barbaric rite of passage or blood ritual. It is the mark of the agreement made between Jews, as descendants of Abraham, and G-d. Many have made all kinds of claims against this ritual but it had endured. Many of the attacks against Brit Milah have been shown to be anti-Jewish in nature. On the other hand, whether or not there are any health benefits to circumcision is not relevant to the Jewish ritual of Brit Milah. We do it because G-d commands it and that is enough.
One final note on the punishment of “karet”. This refers to a punishment by G-d after a person dies. It is the total elimination of that soul. What exactly that means is really in G-d’s hands. It does mean, however, that the punishment is not in human hands. There is no punishment in this world for failure to be circumcised.
17-5767: Mitzvah 47
March 13, 2007
Mitzvah 47 – It is a positive commandment to circumcise every male at the age of eight days
Hafetz Hayim:As Scripture says: “And he that is eight days old shall be circumcised among you, every male.” (Gen. 17:12) I must be specifically by day as Scripture says, “On the eighth day the flesh of the foreskin shall be circumcised” (Lev. 12:3). And the circumcision shall be done after the dawn came up, he fulfilled the duty . When both the obligation and the time of the circumcision are certain, it thrusts aside Shabbat (usually it is a violation of Shabbat to make a wound that draws blood) Circumcision is a positive commandment that for its violation involves “Karet”, (Divine severance of existence) since Scripture says, “and any uncircumcised male who is not circumcised in the flesh of his foreskin shall be cut off” (Gen. 17:14). It is a religious duty for the father to circumcise his son; and if the father transgresses and does not have him circumcised, he disobeys this positive commandment but he is not punished with “karet”, since “karet” is meted out to none but the uncircumcised person himself. For if the father did not circumcise him, he himself has the duty to circumcise himself when he grows up, and every day that passes by from the time he is grown, and he does not circumcise himself, he disobeys the positive commandment and deserves “karet” if he dies having deliberately not circumcised himself. Whoever thus violates the covenant, even if he has Torah learning and good deeds to his credit, has no share in the world to come. And how great is this religious duty, since thirteen covenants were made over it. It is in effect everywhere and every time.
We can understand most of this mitzvah if we remember that this is the second mitzvah found in the Torah, one of only three mitzvot in the entire book of Genesis. Jews have chosen to risk their very lives to make sure that a child is brought into the covenant through the ritual of Brit Milah, the ceremony that includes circumcision. In ancient Egypt, Jews circumcised their boys even though they were to be thrown into the river by Pharaoh. The Maccabees fought the Syrian-Greeks over the issue of circumcision. Jews in Europe risked Nazi wrath in Ghettos and continued to circumcise their sons. It is also clear that at many points in history, Jews who have sought to be accepted by non-Jews tried to cover over, remove or refuse circumcision. We can begin to see why the Hafetz Hayim spells out this duty so clearly.
I also want to clarify that what the Hafetz Hayim is referring to is not the surgical procedure called “circumcision” in medical texts. Rather he refers to an ancient ceremony, that includes bringing a boy into the covenant of Abraham by circumcising the child on the eighth day and then giving that child a Hebrew name. If the surgery is done before the eighth day, it does not fulfill the mitzvah. It can be done later but then it will not, as above, be permitted to violate Shabbat for it. If the surgery is done without the blessings and rituals, it does not fufill the requirements of Brit Milah and one has not fulfilled the Mitzvah described above.
The mitzvah is the responsibility of every Jewish male. We are required to be circumcised properly. Since it has to be done on the eighth day, Fathers are required to act on their son’s behalf. If a father fails to do this, than, once the boy becomes an adult (at age 13 in Judaism) the boy becomes responsible. Practically, it means that when he turns 18 and no longer needs his father’s approval, he can arrange for the ceremony himself (it is a much bigger operation at 18 years than it is at 8 days) he does not have to do the surgery himself, on himself, rather he consults the proper doctors and Rabbi to see that it is done properly. If a man is circumcised already but it was done incorrectly (or he was born circumcised) a different procedure is used, called Hatafat Dam Brit, where a drop of blood is drawn from the scar of the original circumcision so that the blessings and prayers may be recited. Boys are not given Hebrew names until they are circumcised.
The professional associated with circumcision in Judaism is called a Mohel. He is the one who is responsible for the prayers, the naming and the surgery. He is trained medically to be able to inspect the child to make sure there will not be any complications and trained ritually to make sure that all is done properly.
As we may expect, there are a lot of traditions and superstitions that have crept into the Brit Milah ceremony. For example, there is a long tradition that Elijah the Prophet is at every Brit Milah. This is because he told G-d that the people would never keep this Mitzvah. To prove Elijah wrong, G-d ordained that he be in attendance at every one. We reserve a chair for him in his honor. There is a superstition that at the end of the ceremony, a woman who sits in the chair will give birth to a boy before the year is over. (I do not recommend this particular fertility treatment but hey, if you want to give it a try, it can’t hurt!)
The other person who is involved in this ceremony is called the “Sandek” this is the honor given to the one who will hold the child during surgery. Usually this is not done by a parent, who is to close to the child for this, but a religious relative who would feel honored by his or her selection. The ceremony is concluded with a Seudah Mitzvah, a special meal of celebration.
Converts to Judaism are circumcised (or hatafat dam Brit is performed) before their immersion.
This is not some barbaric rite of passage or blood ritual. It is the mark of the agreement made between Jews, as descendants of Abraham, and G-d. Many have made all kinds of claims against this ritual but it had endured. Many of the attacks against Brit Milah have been shown to be anti-Jewish in nature. On the other hand, whether or not there are any health benefits to circumcision is not relevant to the Jewish ritual of Brit Milah. We do it because G-d commands it and that is enough.
One final note on the punishment of “karet”. This refers to a punishment by G-d after a person dies. It is the total elimination of that soul. What exactly that means is really in G-d’s hands. It does mean, however, that the punishment is not in human hands. There is no punishment in this world for failure to be circumcised.
Monday, March 5, 2007
16-5767 Mitzvah 45 & 46
Talmidav Shel Aharon
16-5767 Mitzvah 45 & 46
March 5, 2007
Mitzvah 45 – It is a positive commandment to marry the wife of one’s brother who has died without children.
Hafetz Hayyim: Scripture states: “If brother dwell together and one of them dies … her husband’s brother shall go in to her and take her to him for a wife (Deut. 25:5). In our time however, when there is no intention in this for the sake of the religious duty to establish a name for one’s dead brother, the law of levirate marriage is not in force but only Halizah described below.
Mitzvah 46 – It is a positive commandment that a yevamah (a childless widow) should remove the shoe of the yavam (her husband’s brother) if he does not want to take her in levirate marriage.
Hafetz Hayyim: Scripture states: “And if the man does not wish to take his brother’s widow … then she shall remove his shoe from his foot etc. (Deut. 25:7,9). This ritual of halitzah (removal of the shoe) is to be carried out only through learned rabbis who are expert in these matters. Whoever does not allow his brother’s widow halitzah disobeys this positive commandment. There are men who refuse to grant their brother’s widows halitzah, saying that through this there will be some danger for them But that is a great mistake. The ways of HaShem are right and no evil will befall them if they fulfill this religious duty. On the contrary: if they will not want to observe the positive commandment, their sinfulness is enormously great. It is in effect everywhere , at every time.
In the time of the Hafetz Hayyim, this was already on the wane and today, it is very rare that these laws would still apply. To understand what is happening, we need a bit of history.
Judaism has never had a “will” in the sense that we use it today. One is not allowed to divide up one’s possessions except as prescribed in Jewish Law. First, if the wife survives her husband, her Ketubah was paid first from his estate. If there were sons, the sons got an even split of the estate with the firstborn son getting a double portion. For example, if there were three children, the estate would be divided into four parts with two going to the firstborn and the rest evenly divided by the other two brothers. If there were also daughters, the sons were obligated to support them until they were married, even if they were reduced to begging door to door. Daughters could inherit directly only if there were no sons. If there were no children, then the next in line were the brothers of the deceased.
What this meant was that a portion of the deceased father’s estate was not to be re-divided by the surviving brothers. And it would be as if the dead brother never existed. What the Torah asked of the eldest brother was that he marry the widow of his brother and have a child so that the child that they would bear would inherit the estate of the deceased brother. That was the plan. The deceased brother’s line would thus be preserved.
If the brother refused to marry the widow and have a child, then there was a ceremony where the widow would remove a shoe from the eldest brother’s foot and declare that he was unwilling to fulfill this mitzvah so she was free to marry whoever she wanted and the estate would be lost to whatever future children may come. It was supposed to be enough of an embarrassment for the brother to encourage him to “do his duty”. That ceremony was called, Halitztah.
That was the plan, but there was a big flaw in it. With one brother dead, the others would then re-divide their father’s estate and it could be a rather big addition to their holdings. The monetary issue was so great that who would want to marry the widow and lose all that property? Eventually Halizah became the rule, not the exception and everyone would be able to move on with their lives. The widow would be paid for her ketubah and the brother would have the estate.
In the time of the Hafetz Hayyim Halitzah was still being done. I don’t know that it happens anymore today. Since both parties gain by doing it, Rabbis assume that this is what both sides want. The laws of inheritance now follow local laws (not Jewish law) so the money is no longer an issue and there is no more tie between the family and the widow. I can not say that it is NEVER done anymore, since there are always some who may be doing it. The law remains on the books that Halizah is required (one is not allowed to opt to marry the widow) but I have never seen it done. The Rabbis also note that if someone should marry a woman who needed Halizah and it was not done, it is a valid marriage (and if it should end, it requires a get). All this is another example of how laws grow and change, not just in Conservative Judaism, but in all of Jewish Law, and that Judaism has always made accommodations when the law does not turn out quite as it was expected to turn out.
16-5767 Mitzvah 45 & 46
March 5, 2007
Mitzvah 45 – It is a positive commandment to marry the wife of one’s brother who has died without children.
Hafetz Hayyim: Scripture states: “If brother dwell together and one of them dies … her husband’s brother shall go in to her and take her to him for a wife (Deut. 25:5). In our time however, when there is no intention in this for the sake of the religious duty to establish a name for one’s dead brother, the law of levirate marriage is not in force but only Halizah described below.
Mitzvah 46 – It is a positive commandment that a yevamah (a childless widow) should remove the shoe of the yavam (her husband’s brother) if he does not want to take her in levirate marriage.
Hafetz Hayyim: Scripture states: “And if the man does not wish to take his brother’s widow … then she shall remove his shoe from his foot etc. (Deut. 25:7,9). This ritual of halitzah (removal of the shoe) is to be carried out only through learned rabbis who are expert in these matters. Whoever does not allow his brother’s widow halitzah disobeys this positive commandment. There are men who refuse to grant their brother’s widows halitzah, saying that through this there will be some danger for them But that is a great mistake. The ways of HaShem are right and no evil will befall them if they fulfill this religious duty. On the contrary: if they will not want to observe the positive commandment, their sinfulness is enormously great. It is in effect everywhere , at every time.
In the time of the Hafetz Hayyim, this was already on the wane and today, it is very rare that these laws would still apply. To understand what is happening, we need a bit of history.
Judaism has never had a “will” in the sense that we use it today. One is not allowed to divide up one’s possessions except as prescribed in Jewish Law. First, if the wife survives her husband, her Ketubah was paid first from his estate. If there were sons, the sons got an even split of the estate with the firstborn son getting a double portion. For example, if there were three children, the estate would be divided into four parts with two going to the firstborn and the rest evenly divided by the other two brothers. If there were also daughters, the sons were obligated to support them until they were married, even if they were reduced to begging door to door. Daughters could inherit directly only if there were no sons. If there were no children, then the next in line were the brothers of the deceased.
What this meant was that a portion of the deceased father’s estate was not to be re-divided by the surviving brothers. And it would be as if the dead brother never existed. What the Torah asked of the eldest brother was that he marry the widow of his brother and have a child so that the child that they would bear would inherit the estate of the deceased brother. That was the plan. The deceased brother’s line would thus be preserved.
If the brother refused to marry the widow and have a child, then there was a ceremony where the widow would remove a shoe from the eldest brother’s foot and declare that he was unwilling to fulfill this mitzvah so she was free to marry whoever she wanted and the estate would be lost to whatever future children may come. It was supposed to be enough of an embarrassment for the brother to encourage him to “do his duty”. That ceremony was called, Halitztah.
That was the plan, but there was a big flaw in it. With one brother dead, the others would then re-divide their father’s estate and it could be a rather big addition to their holdings. The monetary issue was so great that who would want to marry the widow and lose all that property? Eventually Halizah became the rule, not the exception and everyone would be able to move on with their lives. The widow would be paid for her ketubah and the brother would have the estate.
In the time of the Hafetz Hayyim Halitzah was still being done. I don’t know that it happens anymore today. Since both parties gain by doing it, Rabbis assume that this is what both sides want. The laws of inheritance now follow local laws (not Jewish law) so the money is no longer an issue and there is no more tie between the family and the widow. I can not say that it is NEVER done anymore, since there are always some who may be doing it. The law remains on the books that Halizah is required (one is not allowed to opt to marry the widow) but I have never seen it done. The Rabbis also note that if someone should marry a woman who needed Halizah and it was not done, it is a valid marriage (and if it should end, it requires a get). All this is another example of how laws grow and change, not just in Conservative Judaism, but in all of Jewish Law, and that Judaism has always made accommodations when the law does not turn out quite as it was expected to turn out.
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