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.
Monday, February 26, 2007
15-5767 - Mitzvah 44 Part II
Talmidav Shel Aharon
15-5767 Mitzvah 44 Part II
February 26, 2007
Mitzvah 44 – It is a positive commandment to a wife by Kiddushin (consecration, the wedding ceremony). [What follows is the second half of the Hafetz Hayyim on this Mitzvah]
Hafetz Hayyim: Now, we were commanded in our holy Torah that if someone wishes to divorce his wife because he has found some aspect of indecency about her, he needs to send her away with a get, a bill of divorcement, as the custom is in Jewry. For scripture says, “And it shall be, if she does not find favor in his eyes, because he has found some unseemly thing in her, that he shall write her a bill of divorcement” (Deut. 24:1) [Which means a get]. All matters concerning a get are to be carried out only through expert learned rabbis who are familiar with the subject of bills of divorce. Whoever is not familiar with the nature of a get, even if he is a great scholar in other areas of the Torah, should not occupy himself with this. For in a get there are many basic, important details, and whoever is not very well versed in them is likely to come to grief over them. If a woman is bad in her concepts, which is to say that she denies faith in Hashem and His Torah, and she is not modest in her ways like the daughters of Jewry; and certainly if he [the husband] becomes sure that she does not go to have the ritual immersion [in the Mikveh, to purify herself] from the menses – it is a religions duty for him to divorce her, as Scripture says, “cast out the scorner, and the contention will go out” (Proverbs 22:10)
It applies everywhere and at every time.
I repeat here how I started the last lesson. When Jewish Law is the subject, there always will be gender issues to address. There are plenty here and I will deal with them as we go along. I only ask that the reader be patient since the Hafetz Hayyim was writing for a different time, before the advent of equal rights for Women and he is relatively liberal in his approach to them.
First let me note that there is divorce in Judaism. Even in the Torah, there is the possibility raised that a marriage may not work and there is a process to end marriage. According to the Torah, a man writes a bill of divorcement to his wife to end the marriage. The problem is, of course, that it never says what the document is supposed to say and how the divorce is supposed to take place. The Torah often is long on ideas and short on explanations. Therefore the Sages of the Talmud try to fill in the gaps.
Since marriage is established by the Sages, it can be undone by the Sages as well. The Hafetz Hayyim, and other, understand well that if a Rabbi does not do a wedding right, it is annoying, but not a great catastrophe. If a divorce, however, is not done correctly, than the lives of a husband, wife and their children can be destroyed forever. This is why all the Rabbis and Sages insist that every divorce be handled by someone who is an expert in this ritual, a person called a “Messader Gittin” the one who sets up a get. It will take a small court, three Rabbis, to finalize the get and to insure that all the details are addressed. It sometimes seems like it is a stilted ritual, without any recognition of the strong emotions that the couple are experiencing. While this may be true, a boring ritual is a small price to pay if one never has to revisit the divorce again.
I am a bit surprised about the grounds for divorce raised by the Haftez Hayyim. There is an argument in the Talmud between Hillel and Shammai about what constitutes grounds for divorce. Basically, Hillel maintains that if the man wants the divorce, than he should be able to get it for any reason at all. That is the rules that are still in effect today. The issues that the Hafetz Hayyim raises, immoral behavior, scorning Jewish Law, or acting immodestly ( and the famous sin of being barren for over 10 years) are issues that may REQUIRE a man to divorce his wife. Modern Rabbis do not hold by these. If a couple want to work out differences and stay together and work on improving the marriage, than we do not require a get. If one of the partners does want out, we do not force a man or a woman to stay in a marriage that makes them unhappy.
It is true that a get, the bill of divorcement, has to pass from the hand of the husband to the hand of his wife to end the marriage. It is not true that only a man can initiate a divorce. Either the man or the woman can ask a Rabbi to call a Rabbinic Court together to write a get. The Husband and the Wife have to agree before the get can proceed. One cannot be divorced against one’s will. Either party can delay or prevent a get from happening. Rabbis work hard to get both sides to agree to finish the get and to move on with their lives. 95% of the time this is enough. Some couples are so angry at each other over some unresolved issues (one Rabbi noted that most of the time they are financial issues between a husband and wife who are so wealthy that the sum is insignificant) That they refuse a get out of spite or as blackmail. This is a grave sin and a useless action. In times of great need, Rabbis can avoid one side’s posturing to make sure that the refusing spouse will not be able to remarry, but the one who wants out will get out anyway and will be permitted to marry. Remember, what the Rabbis create, they can undo as well. In short, no person should block a get from happening if one of the parties truly wants the marriage to end. In spite of the hurt, both sides should want this to be over and to move on with their lives. This also applies when a husband or wife disappears and can not participate in the process of a get. There are ways the Rabbis have to prevent someone from being “chained” to a marriage that needs to end. The text of a get basically “undoes” the wording of the Ketubah. In modern times it is only written and delivered after the civil divorce is final and the divorce courts have resolved all financial and other issues. The get is then just the formality of ending the Jewish part of the marriage.
15-5767 Mitzvah 44 Part II
February 26, 2007
Mitzvah 44 – It is a positive commandment to a wife by Kiddushin (consecration, the wedding ceremony). [What follows is the second half of the Hafetz Hayyim on this Mitzvah]
Hafetz Hayyim: Now, we were commanded in our holy Torah that if someone wishes to divorce his wife because he has found some aspect of indecency about her, he needs to send her away with a get, a bill of divorcement, as the custom is in Jewry. For scripture says, “And it shall be, if she does not find favor in his eyes, because he has found some unseemly thing in her, that he shall write her a bill of divorcement” (Deut. 24:1) [Which means a get]. All matters concerning a get are to be carried out only through expert learned rabbis who are familiar with the subject of bills of divorce. Whoever is not familiar with the nature of a get, even if he is a great scholar in other areas of the Torah, should not occupy himself with this. For in a get there are many basic, important details, and whoever is not very well versed in them is likely to come to grief over them. If a woman is bad in her concepts, which is to say that she denies faith in Hashem and His Torah, and she is not modest in her ways like the daughters of Jewry; and certainly if he [the husband] becomes sure that she does not go to have the ritual immersion [in the Mikveh, to purify herself] from the menses – it is a religions duty for him to divorce her, as Scripture says, “cast out the scorner, and the contention will go out” (Proverbs 22:10)
It applies everywhere and at every time.
I repeat here how I started the last lesson. When Jewish Law is the subject, there always will be gender issues to address. There are plenty here and I will deal with them as we go along. I only ask that the reader be patient since the Hafetz Hayyim was writing for a different time, before the advent of equal rights for Women and he is relatively liberal in his approach to them.
First let me note that there is divorce in Judaism. Even in the Torah, there is the possibility raised that a marriage may not work and there is a process to end marriage. According to the Torah, a man writes a bill of divorcement to his wife to end the marriage. The problem is, of course, that it never says what the document is supposed to say and how the divorce is supposed to take place. The Torah often is long on ideas and short on explanations. Therefore the Sages of the Talmud try to fill in the gaps.
Since marriage is established by the Sages, it can be undone by the Sages as well. The Hafetz Hayyim, and other, understand well that if a Rabbi does not do a wedding right, it is annoying, but not a great catastrophe. If a divorce, however, is not done correctly, than the lives of a husband, wife and their children can be destroyed forever. This is why all the Rabbis and Sages insist that every divorce be handled by someone who is an expert in this ritual, a person called a “Messader Gittin” the one who sets up a get. It will take a small court, three Rabbis, to finalize the get and to insure that all the details are addressed. It sometimes seems like it is a stilted ritual, without any recognition of the strong emotions that the couple are experiencing. While this may be true, a boring ritual is a small price to pay if one never has to revisit the divorce again.
I am a bit surprised about the grounds for divorce raised by the Haftez Hayyim. There is an argument in the Talmud between Hillel and Shammai about what constitutes grounds for divorce. Basically, Hillel maintains that if the man wants the divorce, than he should be able to get it for any reason at all. That is the rules that are still in effect today. The issues that the Hafetz Hayyim raises, immoral behavior, scorning Jewish Law, or acting immodestly ( and the famous sin of being barren for over 10 years) are issues that may REQUIRE a man to divorce his wife. Modern Rabbis do not hold by these. If a couple want to work out differences and stay together and work on improving the marriage, than we do not require a get. If one of the partners does want out, we do not force a man or a woman to stay in a marriage that makes them unhappy.
It is true that a get, the bill of divorcement, has to pass from the hand of the husband to the hand of his wife to end the marriage. It is not true that only a man can initiate a divorce. Either the man or the woman can ask a Rabbi to call a Rabbinic Court together to write a get. The Husband and the Wife have to agree before the get can proceed. One cannot be divorced against one’s will. Either party can delay or prevent a get from happening. Rabbis work hard to get both sides to agree to finish the get and to move on with their lives. 95% of the time this is enough. Some couples are so angry at each other over some unresolved issues (one Rabbi noted that most of the time they are financial issues between a husband and wife who are so wealthy that the sum is insignificant) That they refuse a get out of spite or as blackmail. This is a grave sin and a useless action. In times of great need, Rabbis can avoid one side’s posturing to make sure that the refusing spouse will not be able to remarry, but the one who wants out will get out anyway and will be permitted to marry. Remember, what the Rabbis create, they can undo as well. In short, no person should block a get from happening if one of the parties truly wants the marriage to end. In spite of the hurt, both sides should want this to be over and to move on with their lives. This also applies when a husband or wife disappears and can not participate in the process of a get. There are ways the Rabbis have to prevent someone from being “chained” to a marriage that needs to end. The text of a get basically “undoes” the wording of the Ketubah. In modern times it is only written and delivered after the civil divorce is final and the divorce courts have resolved all financial and other issues. The get is then just the formality of ending the Jewish part of the marriage.
Monday, February 19, 2007
14-5767 Mitzvah 44
Talmidav Shel Aharon
14-5767 Mitzvah 44
February 19, 2007
Mitzvah 44 – It is a positive commandment to a wife by Kiddushin (consecration, the wedding ceremony).
Hafetz Hayyim: As it says in Scripture: “When a man takes a wife” (Deut. 24:1) So when someone comes to wed a wife, he needs to consecrate her first, to acquire her for his wife. He is to consecrate her with money of his [or its equivalent] that he gives her – either a p’rutah [a minimal amount, at least] or something worth a p’rutah; and he is to say to her, “You are hereby consecrated to me with this according to the law of Moses and Israel” and it has to take place before qualified witnesses.
Before the kiddushin (ceremony of marriage) it is necessary to say the benediction of erusin (betrothal), which is this: “… who hallowed us with His mitzvot and commanded us about forbidden conjugal relations, forbade us those betrothed to us, but permitted us those married to us by the ceremony of the bridal canopy and consecration.”
When one consecrates a wife [as described above] she is called arusah (betrothed), and he is forbidden by the law of the Sages to be conjugally intimate with her until she undergoes the ceremony of the bridal canopy, and the seven benedictions [of marriage] are recited. Before she enters upon the ceremony of the bridal canopy, he has to write a ketubah (marriage contract) for her; and once she undergoes the bridal-canopy ceremony she is called married, even if the marriage has not been consummated – but this is if she is fit for conjugal intimacy. If she is ritually unclean from the menses, however, ten even if she as undergone the bridal –canopy ceremony and he as been alone with her, the marriage has not been carried through, and she is legally like an arusah in every respect.
It applies everywhere and at every time.
(To be continued…)
When Jewish Law is the subject, there always will be gender issues to address. There are plenty here and I will deal with them as we go along. I only ask that the reader be patient since the Hafetz Hayyim was writing for a different time, before the advent of equal rights for Women and his is relatively liberal in his approach to them.
The Torah is filled with married people, but it never tells us what a wedding should look like. The Sages of the Talmud fill in the gap with a two part wedding ceremony. There is erusin and kiddushin. Then we can be assured that the couple are married. Erusin is a betrothal ceremony. It used to take place up to a year before the actual wedding. It was a state of being married without the conjugal rights. The extra time was given for the bride and her family to raise the dowry promised to the groom. Today it is the blessing quoted by the Hafetz Hayyim or some alternative blessings that are a bit more egalitarian. Kiddushin, the actual wedding ceremony, consists of three ways that the marriage is contracted. By writing a Ketubah and having it witnessed by two proper witnesses. It is then given to the bride. Then an object worth, minimally a p’rutah (the smallest ancient coin, today the value has to be our smallest coin, a dime. When they say “small” they mean in size) is given to the bride. It must be something owned by the groom, he has to give it to the bride and say the formula recited above. The couple end the ceremony with some time spent alone together. This is the third method of acquisition. Prior to this time alone (called “Yihud”) seven wedding blessings are recited. The significance of the p’rutah is that it should not be expensive for a man to get married lest he not marry because he can’t afford it. The Ketubah is also part of the Sages plan to keep marriage affordable. The Ketubah is an insurance policy that basically puts off the payment from the groom to the bride until his death or divorce. He then owes her the money (traditionally 200 zuzim, a big sum since two zuzim can buy a goat, this could buy a whole herd. In fact, the payment had to be in real estate if the husband owned any, and it was to be paid before any other creditors were paid) The entire ceremony, Erusin and Kiddushin, are now done together under the bridal canopy (the Huppah).
Today, we do our best to try and make a wedding more egalitarian. While we still hold on to the traditional forms, we try and add a number of feminine elements. The Ketubah can have several clauses that relate to the responsibilities of the bride. The bride can give an item to the groom even as he gives one to the bride and they both make declarations of their intention to be married.
At the end of this section, the Hafetz Hayyim makes mention of the Laws of Family Purity (Taharat HaMishpacha) the rules that require sexual separation during the wife’s menstrual period, and the requirement of her immersing in a Mikveh before they can resume marital sexual relations. These laws begin when a woman becomes married and continues as long as she is menstruating. Even on the wedding day, he is forbidden to consummate the marriage if she is menstruating and has not yet immersed in a Mikveh. Mikveh immersions are done about 12 days after the start of menstruation; five days of menstruation and seven days without any bleeding are the minimum. For very erratic periods, a rabbi should be consulted. While it is called “ritual impurity” it has no bearing on any other aspect of a woman’s life. She can do all her other activities normally, with the exception of sexual relations with her husband. These laws are a Mitzvah for women that apply all times. Some women think they are wonderful, giving a cyclical nature to sexual activity in the marriage. Others think it is a great imposition and ignore it. My take has been to encourage women (and husbands) to give Taharat HaMishpacha a try and see how it can enhance their marriage.
The Hafetz Hayyim continues this Mitzvah by including the rules of divorce as well but I will include that in next week’s lesson.
Lee Levitan writes:
A couple of comments that demonstrate the continually evolving nature of Conservative Judaism. (a) A 1994 responsum adopted by the Committee on Jewish Law and Standards stated that if the husband cannot procreate, he is exempted from the commandment.(1) (b) A 1997 responsum adopted by the Committee stated that a man fulfills the mandate of procreation in having a child with a surrogate (either an ovum surrogate, in which case both the surrogate’s ovum and womb are used, or a gestational surrogate, in which case the woman is impregnated with a fertilized ovum of the intended parents).(1,2) Thus, the man need not be married to fulfill the mitzvah. I have not found anything on whether a “blind” sperm donor (who does not know to whom his sperm will be given) fulfills the mitzvah: perhaps you could enlighten me, Rabbi? And, finally, it is my understanding that fulfillment of the mitzvah (at least originally) required the man to produce both a male and a female child and that each child must in turn be capable of procreation. Am I correct here?
Rabbi Konigsburg Replies: The commandment to have children also involves being involved with their upbringing and teaching them Torah. This would not be fulfilled by a blind donor. It is required to have two children, a boy and a girl according to the ruling of Hillel in the Talmud but I never heard that they had to be able to procreate. That sounds to me like some modern interpretation but I would have to look into it more.
14-5767 Mitzvah 44
February 19, 2007
Mitzvah 44 – It is a positive commandment to a wife by Kiddushin (consecration, the wedding ceremony).
Hafetz Hayyim: As it says in Scripture: “When a man takes a wife” (Deut. 24:1) So when someone comes to wed a wife, he needs to consecrate her first, to acquire her for his wife. He is to consecrate her with money of his [or its equivalent] that he gives her – either a p’rutah [a minimal amount, at least] or something worth a p’rutah; and he is to say to her, “You are hereby consecrated to me with this according to the law of Moses and Israel” and it has to take place before qualified witnesses.
Before the kiddushin (ceremony of marriage) it is necessary to say the benediction of erusin (betrothal), which is this: “… who hallowed us with His mitzvot and commanded us about forbidden conjugal relations, forbade us those betrothed to us, but permitted us those married to us by the ceremony of the bridal canopy and consecration.”
When one consecrates a wife [as described above] she is called arusah (betrothed), and he is forbidden by the law of the Sages to be conjugally intimate with her until she undergoes the ceremony of the bridal canopy, and the seven benedictions [of marriage] are recited. Before she enters upon the ceremony of the bridal canopy, he has to write a ketubah (marriage contract) for her; and once she undergoes the bridal-canopy ceremony she is called married, even if the marriage has not been consummated – but this is if she is fit for conjugal intimacy. If she is ritually unclean from the menses, however, ten even if she as undergone the bridal –canopy ceremony and he as been alone with her, the marriage has not been carried through, and she is legally like an arusah in every respect.
It applies everywhere and at every time.
(To be continued…)
When Jewish Law is the subject, there always will be gender issues to address. There are plenty here and I will deal with them as we go along. I only ask that the reader be patient since the Hafetz Hayyim was writing for a different time, before the advent of equal rights for Women and his is relatively liberal in his approach to them.
The Torah is filled with married people, but it never tells us what a wedding should look like. The Sages of the Talmud fill in the gap with a two part wedding ceremony. There is erusin and kiddushin. Then we can be assured that the couple are married. Erusin is a betrothal ceremony. It used to take place up to a year before the actual wedding. It was a state of being married without the conjugal rights. The extra time was given for the bride and her family to raise the dowry promised to the groom. Today it is the blessing quoted by the Hafetz Hayyim or some alternative blessings that are a bit more egalitarian. Kiddushin, the actual wedding ceremony, consists of three ways that the marriage is contracted. By writing a Ketubah and having it witnessed by two proper witnesses. It is then given to the bride. Then an object worth, minimally a p’rutah (the smallest ancient coin, today the value has to be our smallest coin, a dime. When they say “small” they mean in size) is given to the bride. It must be something owned by the groom, he has to give it to the bride and say the formula recited above. The couple end the ceremony with some time spent alone together. This is the third method of acquisition. Prior to this time alone (called “Yihud”) seven wedding blessings are recited. The significance of the p’rutah is that it should not be expensive for a man to get married lest he not marry because he can’t afford it. The Ketubah is also part of the Sages plan to keep marriage affordable. The Ketubah is an insurance policy that basically puts off the payment from the groom to the bride until his death or divorce. He then owes her the money (traditionally 200 zuzim, a big sum since two zuzim can buy a goat, this could buy a whole herd. In fact, the payment had to be in real estate if the husband owned any, and it was to be paid before any other creditors were paid) The entire ceremony, Erusin and Kiddushin, are now done together under the bridal canopy (the Huppah).
Today, we do our best to try and make a wedding more egalitarian. While we still hold on to the traditional forms, we try and add a number of feminine elements. The Ketubah can have several clauses that relate to the responsibilities of the bride. The bride can give an item to the groom even as he gives one to the bride and they both make declarations of their intention to be married.
At the end of this section, the Hafetz Hayyim makes mention of the Laws of Family Purity (Taharat HaMishpacha) the rules that require sexual separation during the wife’s menstrual period, and the requirement of her immersing in a Mikveh before they can resume marital sexual relations. These laws begin when a woman becomes married and continues as long as she is menstruating. Even on the wedding day, he is forbidden to consummate the marriage if she is menstruating and has not yet immersed in a Mikveh. Mikveh immersions are done about 12 days after the start of menstruation; five days of menstruation and seven days without any bleeding are the minimum. For very erratic periods, a rabbi should be consulted. While it is called “ritual impurity” it has no bearing on any other aspect of a woman’s life. She can do all her other activities normally, with the exception of sexual relations with her husband. These laws are a Mitzvah for women that apply all times. Some women think they are wonderful, giving a cyclical nature to sexual activity in the marriage. Others think it is a great imposition and ignore it. My take has been to encourage women (and husbands) to give Taharat HaMishpacha a try and see how it can enhance their marriage.
The Hafetz Hayyim continues this Mitzvah by including the rules of divorce as well but I will include that in next week’s lesson.
Lee Levitan writes:
A couple of comments that demonstrate the continually evolving nature of Conservative Judaism. (a) A 1994 responsum adopted by the Committee on Jewish Law and Standards stated that if the husband cannot procreate, he is exempted from the commandment.(1) (b) A 1997 responsum adopted by the Committee stated that a man fulfills the mandate of procreation in having a child with a surrogate (either an ovum surrogate, in which case both the surrogate’s ovum and womb are used, or a gestational surrogate, in which case the woman is impregnated with a fertilized ovum of the intended parents).(1,2) Thus, the man need not be married to fulfill the mitzvah. I have not found anything on whether a “blind” sperm donor (who does not know to whom his sperm will be given) fulfills the mitzvah: perhaps you could enlighten me, Rabbi? And, finally, it is my understanding that fulfillment of the mitzvah (at least originally) required the man to produce both a male and a female child and that each child must in turn be capable of procreation. Am I correct here?
Rabbi Konigsburg Replies: The commandment to have children also involves being involved with their upbringing and teaching them Torah. This would not be fulfilled by a blind donor. It is required to have two children, a boy and a girl according to the ruling of Hillel in the Talmud but I never heard that they had to be able to procreate. That sounds to me like some modern interpretation but I would have to look into it more.
Monday, January 29, 2007
13-5767-Mitzvah 43
13-5767 Mitzvah 43
January 29, 2007
Mitzvah 43 – It is a positive commandment to marry in order to be fruitful and multiply (have children).
Hafetz Hayyim: As it says in Scripture: “And G-d said to them, ‘Be fruitful and multiply’.” (Gen. 1:28) One’s intention should be the continuation of the human species. When a man is eighteen, he becomes subject to the duty of begetting children; and if he passes the age of twenty without having married, he thus transgresses and disobeys this positive commandment. If he is occupied in Torah study and he fears that the problem of earning a livelihood will interfere, he is permitted to delay – but in any event, not beyond the age of twenty-five
It applies everywhere and at every time.
I have cleaned this mitzvah up a bit. The Hafetz Hayyim notes that this Mitzvah is only for men. The mitzvah to have children is, in Jewish Law, only for men. Women were exempt, I suspect, because having children could put their lives in danger and Jewish Law could require no one, to endanger their own life. Men therefore have the obligation to have children, not women. Since a woman is needed for this Mitzvah (in fact she is indispensable for this Mitzvah) a man must be married. If a woman is not willing to help a man with this mitzvah, she should not marry him. In ancient days, her refusal would be no problem, since he could marry a second wife to bear his children. Since the year 1000 CE (and unofficially for centuries before that date) men are forbidden to have more than one wife. If she cannot or will not bear his children, they can divorce and he can try with someone else.
There is a question over whether or not the man has to divorce his wife if she cannot or will not bear children. There are some who say that the divorce, after ten years without a child, is required. Most Rabbis however are lenient in this matter since the love that the couple share is not a trifle. There are many examples in the legal literature of those who stay married even without children.
What I find even more important with this Mitzvah, however, is the time restrictions placed upon it. Rabbi Elliot Dorff, the Rector of the University of Judaism in Los Angeles has been on a long campaign to get young Jewish men and women to marry and have children earlier than they are doing it now. One of the great problems of our times is that couples are marrying later, sometimes in their mid 30’s and not having children until they are almost 40. Infertility issues are soaring and Jews are not having enough children to replace those who are dying. Our demographics are slowly shrinking since we have children when we are older and we don’t have the minimum of three children needed to replace our numbers.
Rabbi Dorff makes a strong case. The Hafetz Hayyim notes that this is a matter of the survival of the human species. Rabbi Dorff notes that it is also about the survival of the Jewish people. Young people should marry earlier and have three or more children.
I do note here that many of those who do marry later, have children quicker as well. With couples “living together” for years, when they do marry, it is often for the purpose of having children and I have noticed that many of these couples return from their honeymoon pregnant. The fact remains, however, that the best age in terms of being a good parent and fertility, is the mid twenties. I would not like to see more young couples wed at the age of 18.
L. Levitan writes:
The Rabbis, always alert to nuances in the Bible, noted that while the fifth of the Ten Commandments says “Honor your father and your mother . . .”, the subject of the mitzvah in last week’s blog says “. . . fear his mother and his father.” Why does father come first in the fifth commandment and mother come first in this week’s mitzvah? The Rabbis said that honoring one’s mother was natural but honoring one’s father was not, so father comes first in the fifth commandment. On the other hand, fearing (or standing in awe of) one’s father was natural, but not so for the mother, so mother comes first in this week’s mitzvah. I have always wondered why the Rabbis felt this way, and perhaps they have given their reasons but I am simply not familiar with them, but I remain curious about this to this day.
Rabbi Konigsburg replies: I am not comfortable with the sexism of the Rabbis in relation to this explanation. The Rabbis claim, with this explanation, that it is natural for a child to “fear” his father and “love” his mother, so that the Torah comes and teaches that we should also “fear” our mother and “love” our father. It is an interesting historical note but the fact remains that we are commanded to love, honor and fear both our parents. That is the thrust of the commandment and I am just happy that the text gives top billing one time to both parents.
January 29, 2007
Mitzvah 43 – It is a positive commandment to marry in order to be fruitful and multiply (have children).
Hafetz Hayyim: As it says in Scripture: “And G-d said to them, ‘Be fruitful and multiply’.” (Gen. 1:28) One’s intention should be the continuation of the human species. When a man is eighteen, he becomes subject to the duty of begetting children; and if he passes the age of twenty without having married, he thus transgresses and disobeys this positive commandment. If he is occupied in Torah study and he fears that the problem of earning a livelihood will interfere, he is permitted to delay – but in any event, not beyond the age of twenty-five
It applies everywhere and at every time.
I have cleaned this mitzvah up a bit. The Hafetz Hayyim notes that this Mitzvah is only for men. The mitzvah to have children is, in Jewish Law, only for men. Women were exempt, I suspect, because having children could put their lives in danger and Jewish Law could require no one, to endanger their own life. Men therefore have the obligation to have children, not women. Since a woman is needed for this Mitzvah (in fact she is indispensable for this Mitzvah) a man must be married. If a woman is not willing to help a man with this mitzvah, she should not marry him. In ancient days, her refusal would be no problem, since he could marry a second wife to bear his children. Since the year 1000 CE (and unofficially for centuries before that date) men are forbidden to have more than one wife. If she cannot or will not bear his children, they can divorce and he can try with someone else.
There is a question over whether or not the man has to divorce his wife if she cannot or will not bear children. There are some who say that the divorce, after ten years without a child, is required. Most Rabbis however are lenient in this matter since the love that the couple share is not a trifle. There are many examples in the legal literature of those who stay married even without children.
What I find even more important with this Mitzvah, however, is the time restrictions placed upon it. Rabbi Elliot Dorff, the Rector of the University of Judaism in Los Angeles has been on a long campaign to get young Jewish men and women to marry and have children earlier than they are doing it now. One of the great problems of our times is that couples are marrying later, sometimes in their mid 30’s and not having children until they are almost 40. Infertility issues are soaring and Jews are not having enough children to replace those who are dying. Our demographics are slowly shrinking since we have children when we are older and we don’t have the minimum of three children needed to replace our numbers.
Rabbi Dorff makes a strong case. The Hafetz Hayyim notes that this is a matter of the survival of the human species. Rabbi Dorff notes that it is also about the survival of the Jewish people. Young people should marry earlier and have three or more children.
I do note here that many of those who do marry later, have children quicker as well. With couples “living together” for years, when they do marry, it is often for the purpose of having children and I have noticed that many of these couples return from their honeymoon pregnant. The fact remains, however, that the best age in terms of being a good parent and fertility, is the mid twenties. I would not like to see more young couples wed at the age of 18.
L. Levitan writes:
The Rabbis, always alert to nuances in the Bible, noted that while the fifth of the Ten Commandments says “Honor your father and your mother . . .”, the subject of the mitzvah in last week’s blog says “. . . fear his mother and his father.” Why does father come first in the fifth commandment and mother come first in this week’s mitzvah? The Rabbis said that honoring one’s mother was natural but honoring one’s father was not, so father comes first in the fifth commandment. On the other hand, fearing (or standing in awe of) one’s father was natural, but not so for the mother, so mother comes first in this week’s mitzvah. I have always wondered why the Rabbis felt this way, and perhaps they have given their reasons but I am simply not familiar with them, but I remain curious about this to this day.
Rabbi Konigsburg replies: I am not comfortable with the sexism of the Rabbis in relation to this explanation. The Rabbis claim, with this explanation, that it is natural for a child to “fear” his father and “love” his mother, so that the Torah comes and teaches that we should also “fear” our mother and “love” our father. It is an interesting historical note but the fact remains that we are commanded to love, honor and fear both our parents. That is the thrust of the commandment and I am just happy that the text gives top billing one time to both parents.
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