Author: Moshe Taub

  • Taanis Esther & Its Mysterious Origins

    The fascinating history behind this most mysterious fast, which is unlike all other Taanaisim of the Jewish year.

    February 2015

    This post explores the Taanis Esther’s meaning, reason, and history.

    Looking back at past Purim columns, I noticed a trend, in that we discuss in this column odd this time of year odd Purim minhagim. Be it the ‘Purim Rav’ (last year) or Purim gemara Parodies (several years ago). The latter is a subject that, if we wanted to, we can continue, as mesechtas ‘TRUMP’ was published last year! (Really)

    However, it struck me that the most obvious minhag of them all was ignored all this time. I am referring to the accepted practice, and now standard halacha of fasting on the 13th of Adar, the date that we call taanis esther.

    Some people may be surprised by the fact that this date of fasting is not mentioned anywhere in chazal, and that it is certainly not mentioned along with the other rabbinical fasts in the pasuk in Zecharia (8:19).

    In fact, the history of taanis esther leads to more questions than answers. And by the end of this week’s column I hope to reveal some amazing secrets about this mysterious day.

    The Rambam (5:5 hilchos taanis) is the first to codify this practice of fasting on this date:

    And in our times we follow the custom of fasting…on the thirteenth of Adar, in commemoration of the fasts that we took upon ourselves in the time of Haman, as mentioned (Esther, 9:31): “the matter of the fasts and the outcries.”

    And, as it relates to this year, he continues:

    “If the thirteenth of Adar falls on shabbos, the fast is held on Thursday, which is the eleventh of Adar…”

    The reason why we don’t fast, generally, on erev Shabbos is simply because davening on a fast-day takes longer due to selichos etc., and people need time to prepare for shabbos. Nevertheless, should someone forget this year to fast on Thursday, they would indeed need to fast on erev Shabbos (Magen Avraham with Mishneh Berrura).

    But back to our original question, what is the reason behind this fast?

    While some (see Magid Mishneh ad loc.) wish to find a source directly from chazal, the Rambam above instead brought reference directly from the megilla.

    Here is the pasuk (9:31) in full: “[Mordechai and Esther instructed the Jewish people] to observe these days of Purim on their proper dates, in the manner established for them by Mordechai the Jew and Queen Esther, just as they had accepted upon themselves and upon their descendants the observance of the fasts and their lamentations” (Megillas Esther, 9:31)

    This is indeed an ambiguous pasuk. What fast do these words in the megilla allude to?

    While Rambam seems to suggest that the ‘fasts’ referenced refers to Esther’s declared days of public fasting found earlier in the megilla, and to our acceptance of the 13th of Adar each year as their memorial, most disagree with this.

    After all, they point out, were not those original fasts declared by Esther held in the month of nissan? And, were they not three days of fasts, as opposed to the one day minhag we observe today? (See however Kol Bo siman 62; Magen Avos from Meiri, siman 23 who seem to agree with Rambam that this verse is indeed a reference to our Taanis Esther).

    So, if this pasuk in the megilla was not referring to our present-day taanis esther, what what is referencing?

    Maharal (Ohr Chodosh 9:31) as well as Siddur Rashi (siman 345) therefore suggest that all that the pasuk was saying was that due to our salvations from our crying and fasting regarding the decree do we have this day of Purim to celebrate our salvation. It was not referencing a specific fast, and certainly not a fast we are to still observe!

    In a different manner, Ibn Ezra explains the pasuk to mean that just like on sad days we rightfully commemorate with fasting, on days such as Purim we celebrate with feast and drink.

    The Vilna Gaon offers a similar interpretation, in that just as the Jews then accepted Esther and Mordechai’s three day fast, so too did they accept the new day for the future of Purim in all generations.

    In any event, according to all these views that this pasuk in the megilla is not referring to our taanis esther, from where indeed does this minhag derive?

    Famously, the Mishneh Berrura brings an idea, first found in the Rosh (1:1), Rashba (2a), Rabeinu Tam and even alluded to in the Shiltos D’rav Achai (Vayakhel 67).

    They explain that we know that Moshe Rabbeinu fasted when he had to fight against Amalek. We see from here that bnei yisroel fasts before seeking to defeat an enemy, we can therefore assume that Esther, Mordechai and klal yisroel must have fasted as well on this date (see Yaaros Devash 9 for how we would have been able to fast during a war, which is forbidden).

    So according to the Chofetz Chaim and others the purpose of taanis esther is simply to commemoratewhat likelyhappened on the 13th of Adar.

    However, this explanation behind taanis esther has always vexed me greatly. For if we know a fast happened when Moshe fought Amalek, why not make a fast on that date? Why instead create one on a later historical date that only through conjecture do we assume they also fasted (tannis esther)? What is so special about this date?

    However, this year I discovered two amazing insights that may answer my question, and bring new light to what taanis esther is all about.

    The first comes from shu’t Tashbeitz (2:271)by Rav Duran (d.1444). He says something unbelievable.

    All the fasts that are rabbinicaly required throughout the year (save for Yom Kippur) that are mentioned in the aforementioned pasuk in Zacharia were first first accepted on the 13th when we vanguished our enemies in the Purim story!

    Meaning, the pasuk from the Megillah that references ‘accepting fasts’, was referring to tzom gedalia, asareh b’tevas, shiv’asar b’tamuz and tisha b’av!

    The depth of this view is explained by the Chasam Sofer (Derashos Chasam Sofer p. 96) with a mashal.

    Imagine a king exiles his son to a poor section of the kingdom. Now poor, he lives among paupers and every day the prince must not scavenge for food, steal for clothing, and hide in alleys for warmth.

    He and his new friends constantly wonder when the king will take him out of his exile.

    One day, a large shipment arrives. The guard leading this delivery gets off a horse and stands in front of the shipment reads a proclamation before the prince: “The king brought us here to build for the prince a fine home so that he no longer need live in squalor”.

    The prince hears this and begins to wail and sob.

    “Why are you sad?” ask his pauper friends, “Why, now you will finally live in comfort!”

    “You fools!” replies the prince. “Until now I thought that any day my father will bring me home to the palace. But now that he is building me a permanent home in my exile, there is no hope for his desiring my return ever!”

    This, explains the Chasam Sofer, is the meaning of the Tashbeitz’s words. When Hashem saved us from Haman, in Persia, we feared that Hashem was building us a home in our exile, making us comfortable here in galus, never to bring us back to eretz yisroel. So we decided then and there to begin fasting on the dates that recall when we were first thrown out of Yerushalim, so Hashem would hear our cry and still bring us to our real home.

    What a majestic idea! This explains why we have taanis esther –as it is the day we accepted all other fasts!

    It also explains why we did not choose the day of Moshe’s fast, for only this historical fast in the days of Esther represents all pain of bnei yisroel throughout the ages and out hope for a return.

    Perhaps this better explains the second item I discovered this year: The words of Rav Shmuel Uzida (the author of Midrash Shmuel on Avos, student of the Ari’zal). He teaches that of all months, Adar is the most set to lift up klal yisroel and have its teffilos answered (this is why we delay trials to this month). And, out of the entire month of Adar there is no day like the 13th, taanis esther when these gates are opened!

    Perhaps this is due to the fact that taanis esther is the day when we remind ourselves each year that our comforts in galus should never blind us to the ultimate comfort and home that we await!

    Have a Happy Purim!

  • Cremation: A Story & Chizuk

    Should a Tahara Be Performed On Someone About To Violate Halacha?

    Length/Detailed Post

    January, 2017

    I. The Greatest Chesed

    Few precious physical things last forever. Prizes and awards, diplomas, even marriage contracts – they are all fated to fade with time, to be discarded or lost, and even to lose their value in the eyes of those to whom they are to be bequeathed.

    Think of all the ‘stuff’ that existed hundreds of years ago, thousands of years ago; where did it all go? And, those priceless items that somehow, inexplicably, do manage to withstand the test of time and war and destruction are then destined to become the treasures of museums, galleries, and universities, gawked at and studied for generations to come. This is true no matter the significance, or lack thereof, that this particular ‘found’ item held in its own time.

    Yet, even knowing this destiny of our most prized possessions, no one in their right mind would actively burn the above items at some point long after their origination simply because they will, in time, anyway become devastated by history.

    That would be silly, disrespectful to one’s own accomplishments and what they represent.

    And yet, today, when it comes to our human bodies so many opt for cremation instead of burial. ‘Why be buried when, ultimately, the body will decompose?’ they tell me. Citing additional reasons both silly (‘the environment’ –when in fact cremation is far worse for the environment than burial) or of convenience (‘visitation to a cemetery is often out of the way and difficult’- however, who, pray tell, will be watching this urn in 40, 70, 100 years?!), I have heard them all.

    Sadly, I deal with this issue too often. In one of the first issues of Ami I shared a story of taking a family to court when they decided to deny that their daughter was a g’eoris and instead wished to cremate her, claiming her to be Catholic, R’l.

    While to most readers of this magazine, cremation sounds anathema, this method is on the rise, and fast. In just five recent years (2010-2015) the cremation rates in the United States jumped close to 10%!

    In 1979 the country of France had a cremation rate of 1%; today it is at 50%; the United Kingdom is now at 75%; Japan at 99%.

    And what about North America?

    According to CANA, a cremation society, in the United States the total rate of those who choose cremation is now close to 50%, while in Canada its closer to 70%. While most agree the rates in Canada are about that high, in the United States some put the rate closer to 35-40%.

    It is an issue about which many rabbanim now need to be educated.

    For instance, in the case of this young g’eoris who passed, it turned out that NY State law has a very specific and helpful provision, at least as it relates to autopsies, and perhaps cremation as well (NY State Public Health Law 4210-c)

    This was enough to allow for a hearing before a judge.

    I wrote, “Before the hearing, because this story could reverberate in the Catholic Church (“A rabbi vs. the Church!”), I thought it would be best to get support from someone powerful. Being that the family lived in Southern Ontario, Canada I called the Bishop of that region. At first I was nervous to make the call but then I realized that just as I had no idea how to talk to a bishop, this bishop, most likely, would have no idea how to talk to an orthodox rabbi.

    “Mutually assured discomfort.

    “The phone call could not have gone better (and we ended up giving her a kevuras yisroel).”

    Since that time the Vatican has changed their tune on this subject. Just four months ago, the new pope sent out new rules relating to this subject, highly skeptical of cremation and outright banning certain practices linked to it. Reading the church’s remarks one is reminded of how much of their faith is lifted from us: “By burying the bodies of the faithful, the Church confirms her faith in the resurrection of the body, and intends to show the great dignity of the human body as an integral part of the human person whose body forms part of their identity”.

    But the salient question is ‘Why?’.

    Why are so many opting to physically annihilate the vessel in which they delighted in life? Why would they devastate a gift of such wonder and symmetry that does not, and never did, belong to us in the first place?

    Well, in many cases, if not most, it comes down to cost.

    Cremations can often be a savings of thousands of dollars. To wit, the court-case I mentioned above was not ‘won’ by us, per se, as much as it was dismissed after the family realized that our side was willing to pay for a burial!

    Think about an elderly person in a non-Jewish nursing home facility. They pass without leaving a will and with no, or little family and almost zero resources. Do we think that such a meis will be given the dignity of a kevuras yisroel?  Indeed, such cases are becoming a daily tragedy, and the frum nursing homes must lead the way (some already are) in assuring that every resident signs a burial directive assuring a kevuras yisroel, or at least giving them the clear option (NASCK, see below, is at the forefront of this cause and any nursing home director reading this urged to contact their office).

    Yesterday (of this writing) I had a meeting with Rabbi Elchanan Zohn, the head of the Queens chevrah kaddisha, and one of the leading rabbanim and askanim in the world when it comes to the observance of chesed shel emes, and who is the founder and president of NASCK, the National Association of Chevra Kadisha.

    While every city has their own prominent chevre kadishe, to whom does that chevra kadishe turn when they need help, say getting a meis to eretz yisroel, or stopping an unnecessary autopsy? Very often they turn to Rabbi Zohn.

    Even while I lived in Buffalo, New York I would call upon his expertise in moments of crisis. As I sat by the meeting the other day, calls were coming though from disparate places, such as North Carolina and Monsey, seeking his and his organization’s guidance and assistance. It was a wonder to behold.

    I was meeting with him because I had a concern relating to these inyanim that was specific to Queens and it was not my place to deal with it alone before counseling with him.

    Without boring the reader with that particular issue was, the conversation soon veered to cremation. He is now dedicating much of his resources to creating a system, in nursing homes and the like, to assure proper kevuras yisroel. Amazingly, NASCK recently opened the ‘South Florida Jewish Cemetery’, a land and project dedicating to ensuring that the many older Jews who live in that part of the country have access to a low cost burial option to compete with the ever growing cremation market.

    This is an issue of such urgency, and one that rabbanim need to stress.

    As our meeting came to a close, I turned to Rabbi Zohn and said, “Being that you started in the field several years before Rav Moshe Feinstein’s passing, asking him many of your shailos, tell me a story of dealing with him”.

    He paused for a moment, and then looked up with heavy, wet eyes and shared an amazing story that touches upon the halachos of burial vs. cremation and the wisdom and siyatta d’shmya of Rav Moshe.

    We will share this story next week, iy’h when we conclude our discussion of this painful, yet critical, subject.

    II.

    “Mer Ken Nit Vissen”

    The Chochma of Rav Moshe

     “…As he came, so shall he go”

    Koheles 5:15

    From this pasuk the Sefer Chasidim (#560) finds allusion to the tahara performed on a meis before burial. Just as one of the first acts upon a baby’s birth is to have it bathed, so too should this be one of the final acts upon a death.

    The tahara is an ancient minhag yisroel which is mentioned already by the mishneh (Shabbos 141a).

    According to kabala (see Maaver Yavok, sefas emem, ch. 25) the tahara is the final element that completely severs the neshama from the body, hence its name connoting complete purity.

    As a kohein I have never had the zechus in taking part in this holy action, but as a rav I am privileged to know the people who do. They are deserving of their role as the last people to see the physical form until bias goel tzedek.

    Shailos abound in the arena of a chevra kadisha and taharos. One of the most prominent, about which one will find differing views depending on one’s city, is what to do in the case of an non-observant person with no request for a tahara.

    For example, Rav Moshe Feinstein rules that such an individual, while being given tachrichim and having their body washed, need not be given the full tahara (Ig’m y’d 3:147;1).

    The ‘Tahara Manual of Practices’ reports in the name of Rav Moshe’s students that even in such cases, or in a case where the meis or their family directed that no tahara be done, a rav may still officiate at the funeral.

    But what about cremations? Last week we wrote about the epidemic in this country, and indeed around the world, of such directives, due to cost and, sadly, a lack of awareness toward halacha and techias hameisim.

    The initial question is if such an urn, rachmana l’tzlan, may be allowed burial in a Jewish cemetery. Rav Moshe (ad loc. #2) states as follows: “Those that cremate (for whatever their chosen reason) and dictated that they be burned, we are not to bury the remains in a Jewish cemetery, and even generally speaking ashes do not necessitate kevurah”

    But what about a tahara? Should a chevrah kadisha perform this holy ritual on someone who anyway will not have a kevuras yisroel (for those that pasken not to bury an urn)?

    This is a sensitive question, one in which leads to different minhagim in different cities. On the one hand, what harm would be caused by preforming a tahara? On the other, the tahara is something sacred and is done before a burial and not willy-nilly, or ‘just because’. And indeed, the poskim, and chevra kadishas are divided on this issue.

    It was on this topic that I concluded my meeting the other week with Rabbi Elchanan Zohn. A leading figure in the chevrah kadisha field, I asked him if he could perhaps conclude our meeting with a maaseh with Rav Moshe Feinstein, as he had asked an untold number of shailos to him when starting out in his chesed shel emes.

    The following is the amazing story, related to all of the above, that he shared.

    Many years ago he had asked Rav Moshe the delicate question regarding a tahara for someone who directed in their will to be cremated.

    Rav Moshe was clear in his response that in such a case no tahara is necessary.

    However, Rabbi Zohn related, there is another chevra kadishe in another city that does indeed perform a tahara even in such cases. But more, remarkably they also claim support for this from a psak of Rav Moshe Feinstein!

    Now, how can this be? Rabbi Zohn knows he can trust his own ears, yet on the other hand he recognizes the head of this other chevra kadisha as a deeply honorable man.

    For years he was troubled and confused by this inconsistency in psak.

    Something in this story must be missing, he thought.

    Now jumping ahead over thirty years, a few weeks ago Rabbi Zohn had to travel to another city, and in the midst of meeting with a leader of that city’s chevra kadisha this very subject came up.

    The response he got was shocking: “Well, you know the story of Rav Moshe Feinstien and cremation in that city to which you refer, don’t you?”

    Rabbi Zohn was nonplussed and anxious to hear.

    The year was 1971 and a woman passed away in this city. She lived a full life and was someone of great means. She used her wealth during her lifetime to support all the local frum institutions, and her death reverberated throughout the city.

    She left one child, who came into the chevra kadisha with her mother’s will. In it were two crucial directives:

    • Upon my death I must have a tahara
    • Once that is complete, I wish to be cremated

    Now, leaving aside the mystery of this latter request (perhaps she was simply ‘culturally’ orthodox and was unaware of the importance of kevurah), the chevra and local rabbanim were beside themselves. They tried to reason with the remaining child, but she was determined to follow the will of her mother.

    Should they do the tahara anyway? Perhaps this would set a precedent to others who wish to cremate! On the other hand, to not do a tahara on this woman who supported the community for all of these years seemed anathema!

    So, they did what many would do in 1971who has a serious shailah-they called Rav Moshe Feinstein.

    Rav Moshe listened carefully to the case, the importance of this baalas tzedaka, and responded that they should do the tahara.

    Rav Moshe explained his ruling with four words,“Mer ken nit vissen (we just can’t know)”. Meaning, right now you have a tahara to do, what will be tomorrow ‘mer ken nit vissen’.

    So, they performed the tahara, and with great pain they released the body the next morning. The hearse picked up the meisa and drove it across town to the retort to be cremated.

    As they were unloading the nifteres, a car came screeching around the corner, pulling up behind the hearse.

    The door swings upon and running out of the car was the nifteres’s child, the one who just the day before was demanding that her mother’s wishes be honored.

    In a panic she yelled, “Stop! Do not perform the cremation!”

    What happened to change her mind?

    She later explained that the night after the tahara her mother came to her in a dream and pleaded with her to give her body a true kevuras yisroel.

    Mer ken nit vissen!

    Who knows what what Rav Moshe knew? Perhaps he felt that such a ballas tzedaka would never be allowed by the Riboneh Shel Olam to wind up cremated.

    Who knows?

    This story gives up keen insight to how a minhag could start in a city, as till today, since that incident, that city will always do a tahara even before an assumed cremation.

    Chazal inform us that although nevuah was taken away from the prophets in the time of the second temple, it was not taken from talmidie chachamim (Bava Basra 11b-12a).

    The Ramban there raises a fascinating point: prophets too had to obtain the level of a ‘chachom’ before meriting the level of navi (see Nedarim 38). This being the case, how does this stoppage effect anything; would not the prophets anyway still have neviis by dint of their own attained chochma?

    The Chasam Sofer, in his elucidation of the Ramban’s answer to his question, explains that there is a distinction between ‘nevuah’ mamesh –which comes directly from Above – and nevuah by dint of chochma. The latter is not the classic nevuah, per se, rather a keen understanding of how matters will likely turn out based on attained Torah wisdom and seichel. And, although such chachamim receive guidance from Above in this chochma, it still takes on the form of tevah/natureand is not deemed complete nevuah. (See also Ritva, and this Chasam Sofer in full s.v. ‘af al pi’)

    This is a wondrous opening to our understanding of daas Torah, and to the story Rabbi Zohn shared.

    U’bila Hamaves LaNetzach, Umuchah Hashem Elokim Dimah M’al Kol Panim!

  • Pringles, Berachos and Sefardim

    Pringles, Berachos and Sefardim

    May 2016

    Let me begin this ‘Pringle Discussion’ with a personal and demonstrative recent story.

    Walking into one of the high school classes that  I teach, a young student raised a bag of snacks she was eating and asked if I could tell her what beracha to make on them.

    The bag was for a type of tortilla chip, where they start with ground corn, after which it is then shaped, baked and spiced.

    It was a heimeshe brand, the student explained, and the beracha was noted on the back of the bag.

    “Be careful Rabbi Taub!” the student warned, “I have the answer in front of me!”

    It is a popular idiom among yeshiva bochurim, “On Pringle potato chips one does not make the beracha of ha’adama rather one makes a shehakol”. This, they will likely volunteer, is because these particular chips are not made from slices of whole potatoes, rather they are shaped and baked from ground, dehydrated potatoes.

    Of course, if someone is repeating this because they heard it personally from their rav then indeed it would automatically be correct. Otherwise, however, such a ‘fact’ is highly questionable and indeed hotly debated.

    In case the reader questions this last sentence, let me offer a challenge: does anyone make a shehakol on kugel? Why not, it too is made from ground, crushed potatoes, especially today when many use a food processor? And what about latekes? They too are processed!

    In fact, Rav Wosner (Shu’t Shevet Halevi 10:46) rules that the beracha on these last two common dishes is in fact a shehakol!

    Rav Elyashiv however rules like most of us that on these two items the beracha is a ha’adama.

    Some years ago Rabbi Yisroel Pinchas Bodner of Lakewood, and the author of the highly popular ‘Halachos of Berachos’ for Feldheim visited with Rav Shlomo Zalman Aurbach and showed him Pringles and he in fact ruled that the beracha is as well a ha’adama! (ad loc.p. 407 note 39.2)

    So, back to my story.

    I asked another student to run upstairs and retrieve a Mishna Berrura chelek beis. Upon their return, I opened to siman 202, 203, 204 and 208.

    (Yes, this question involves four different simanim!)

    The basic issue is this: when one crushes, say, apples, at what point does the beracha shift from a haeitz to a shehakol?

    To simplify the discussion, and as I explained to these teenagers: the Shulchan Aruch rules that when one crushes dates to a pulp they still retain their original beracha rishoneh and achroneh.

    However the Rema disagrees, strongly urging one to make a shehahol on such an item.

    The achronim debate the precise rules of this intricate debate. The upshot, as recorded in the Mishneh Berura, goes something like this (everyone is strongly encouraged to speak to their personal rav): When an item is crushed beyond all recognition –like manufactured apple sauce –then the beracha would be shehakol; however should a fruit or vegetable be crushed but not to a pulp, and their form is easily recognizable, then the beracha, even according to the Rema, would be retained (either a haeitz or ha’adamah depending on the item under discussion).

    What comes out from all of this is that if one has a pureed jam made from raspberries, and one only knows that they are raspberries only because of the label, then the beracha would be shehakol. However, if it is not crushed beyond recognition, and one can decipher that these are indeed raspberries even without the label, then the beracha would be haeitz.

    As I recounted all of this in front of the class –where everyone but me knew what beracha was written on the back of the bag –I gave my psak.

    As opposed to Pringles that are brought back into the shape of a potato, and dehydrated potatoes that become reformed when water is added (where at least according to Rav Shlomo Zalman and the simple reading of the Rema the beracha is retained as ha’adama), these crushed corn that are shaped into an unnatural triangle should be a shehakol.

    They all clapped, as the student turned around the bag for the big reveal…where it stated in lashon kodesh, “birchaso Shehakol” its blessing is shehakol).

    The students were surprised at my look of disappointment.

    I explained that the reason for my disappointed continence was due to the fact that the student who asked me this question was a sefardi! For this particular student the beracha should be ha’adama!

    This is because everything we have been discussing until now –how crushed the item is, if it re-forms, or is noticeable –is only according to ashkanzaim and the Rema! However, for sefardim, who follow the Shulchan Aruch they would have to follow his basic rule mentioned above (202:7) that all crushed fruits retaining their beracha! (See Rav Ovadia Yosef, Yalkut Yosef 202:22).

    The class could not understand how I could say such a thing, after all the bag said shehakol! How could I argue with a snack bag from Lakewood?!

    So, to teach the class that not everything they see printed is necessarily a universal opinion (even things written in this column!) I took out my phone, put it on speaker and called the Lakewood company.

    The secretary who answered the phone seemed a bit taken by my question and explained that their posek is in charge of such matters. I then asked if I can be given his number.

    After a short time on hold, she was kind enough to come back on the line with his phone number.

    Now taking the phone off of speaker –after all, this should be a phone call between two rabbanim – I explained to him my concerns.

    The rav explained that based on the Rema his psak was correct. But I explained that many sefardim are also eating this snack. He understandably explained that they can’t list every permutation and psak on their bags.

    Perhaps this is true, but the reader can learn from this a valuable lesson: just because it is printed does not mean all would agree.

    I remember hearing a story as a child regarding how Rav Chaim Ozer –legendary for his unique genius-was once travelling, and in the course of this long journey was stopped by a yeshiva bachur. The young man wishedto speak in learning with the gadol hador. “What would you like to speak about?” asked Rav Chaim Ozer. “Well I have been studying hilchos berachos…” began the student. Before he could even finish the sentence Rav Chaim Ozer stopped him. “I have been traveling for days, and I do not wish to make an error, please choose a topic other than the intricate laws of berachos”

    If even Rav Chaim Ozer in his brilliance appreciated the complexity of these laws, all the more so us.

    In fact, the gemara (Berachos 35a) cautions us to avoid the high crime of a mistaken or unmade berachos and instructs each of is to learn these halachos from a proficient rebbe. The Maharsha (ad loc.) asserts that the chazal here are referring specifically to the complex laws of birchas hanehenin –the berachos we make on food before we consume them.

    Let us take the time to review these important halachos, and never assume anything.

  • The Halacha & Kashrus of ‘Forest Honey’

    The Halacha & Kashrus of ‘Forest Honey’

    Lengthy/In-depth Post

    April, 2015

    Since Rosh Hashanah, and through Shemeni Atzeres, many Jews worldwide have been dipping their Challah in Honey.

    Aside for the risk of attracting bees inside our Sukkos, there are other, halachic, factors to consider when enjoying this sweet nector.

    The following is a short monograph regarding a new ‘hot topic’ in the world of kashrus that concerns honey.

    This was not written with psak Halacha in mind, rather for the reader to gain some insight and appreciation for all of the Torah study that goes into kashrus.

    I

    Meet ‘Forest Honey’

    “They (the Torah and her Laws) …are sweeter than honey and the drippings of honeycombs”

    -Tehillim 19:11

    Rav Yosef Shlomo Kahanaman, the famed Ponivzher rav was once asked what is the one common denominator that can be claimed from all of his travels on behalf of his yeshiva.

    He is purported to have responded: “I can share with you two things that one can find anywhere in the world: Coca Cola and Chabad!”

    This is no small matter in terms of the kosher food we put down on the table. Often, when a product is produced in a far-off country, the only mashgiach available to send is from a nearby Chabad House.

    A few weeks ago I received a call from a distinguished head of a major kashrus organization. He asked me, “Do you certify ‘Forest Honey’?”

    He knew the answer, as he was also holding in his hand a certification of mine from seven-years prior that listed ‘Forest Honey’ among other products under a proprietary name, and certified by us.

    One of the plants that I certify has a side-room where they process and package honey. Several years ago they received a request from a separate company asking if they can process and package their raw honey in that plant.

    The facility explained that this being a kosher plant they would need to first speak to the rabbi.

    After some investigation, it turned out that this honey was being imported from the Congo.

    At first, thinking I would have to send a mashgiach, I did what virtually every kashrus head would do: I Googled ‘Chabad Congo’. And what would you know? I got a result! The Chabad House is located in Kinshasa, Congo!

    Back to the original phone call, the kashrus administrator seemed uninterested when I responded by sharing that raw honey may not need much Kashrus at all (although, customer beware: honey, especially local honey is often processed in non-dedicated plants).

    Rather, he repeated, he was interested in the phrasing for one of the honeys processed in our plant that was listed on our certification- ‘Forest Honey’.

    When we think of honey we tend to think of bees gathering nectar from flowers.

    But that is not always the case. Like with alcohol, that can be produced from any sugar, honey too can be produced by the bee from any sugary substance it picks up.

    For this reason, we find a variety of honeys on the market, from ‘clover’ honey to ‘orange blossom’ honey.

    Connoisseurs can taste the difference. In fact, there are honey connoisseur clubs all over the country, as well as books on the subject, suggesting, like with wine, the best honey to go with which dish!

    (There is also another type of honey, about which we will not be touching upon: ‘Royal Jelly’. This comes directly from the queen bee, and which is the source for its own halachik debate, see shu’t Tzitz Eliezar 21:59)

    In fact, in lashon kadosh, Rashi explains that the term ‘devash’ is even more all-inclusive, referring to any rich, sweet nectar, mostly from fruits.

    Now, none of these popular honeys on the market have any distinction in terms of their kashrus status, with some rabbanim even allowing such honeys to be purchased without any hashgacha (although, this is debatable; everyone should speak to their local rav).

    However, as mentioned, this rav wanted to know specifically about about a more unique type of honey, the aforementioned ‘Forest’ honey.

    This honey actually carries two names: Honeydew Honey and Forest Honey.

    This type of honey is now part of a reinvigorated halachik debate, with various kashrus agencies setting differing policies on how to view it.

    Because honey is a popular product and commonly used ingredient, it is important for the reader to be aware of this vociferous discussion now taking place in the world of kashrus.

    At first blush, Forest Honey seems innocent. It gets its name for the obvious reason in that there are not enough flowers nearby from which the bee can gather its nectar, so instead it gathers it off of trees.

    In fact, quite often, this darker, richer honey is sold using the name of the tree from which it likely originated, i.e. ‘Pine Honey’. Some honey experts claim that they can even taste from which type of tree the honey came!

    The kosher customer, seeing such an item on the grocery store shelf, will likely not think much of this, as with ‘Clover’ honey.

    But, alas, there is much to think about.

    Although sounding innocuous, a highly insignificant portion of the sap that the bees draw from these trees actually come from the tree itself. If so, where does the majority of the sap come from? It comes from something called Honeydew.

    Not to be confused with the delicious fruit, this honeydew is something else entirely.

    Are you sitting down?

    I will quote directly from Wikipidia: “Honeydew is a sugar-rich sticky liquid, secreted by aphids and some scale insects as they feed on plant sap. When their mouthpart penetrates the phloem, the sugary, high-pressure liquid is forced out of the gut’s terminal opening. Honeydew is particularly common as a secretion in hemipteran insects and is often the basis for trophobiosis.”

    As for the hemipteran insect –that includes the dreaded aphid and thrip, from which we clean our romaine lettuce!

    And, although not the halachik focus, the ‘high-pressure liquid is forced out of the gut’s terminal opening’ means precisely what it sounds like.

    The sweet honeydew nectar of aphid-like insects has long been known of, and has been the stuff of legends, medicinal claims and poems for centuries.

    With this information the reader may walk away thinking that such honey is most certainly treif, and he may be right. But, he also may be wrong.

    Indeed, why is even flower-nectar honey kosher? Does it not derive from the issue of a bee, a non-kosher creature?!

    II

    Lac(h) Nisht

    “And the am went into the forest, and behold, there was a flow of honey…”

    -Shmuel 1 14:26

    For many centuries, for reasons of water retention as well as for appearing appealing, many fruits are layered with a wax before being sold.

    In today’s wax market, because wax generally needs a protein, they either use soy or casein – a milk derivative.

    Leaving aside the dairy and cholov stam issues, most wax also contains something called oleic acid, mainly used as an emulsifier, as well as stearic acid.

    These ‘fatty acids’ can often come from animals.

    Putting aside, as well, this potential treif issues, another common ingredient in wax is shellac.

    Now, shellac is a term many are familiar with, yet few know from where it comes or how it got its name.

    Instead of educating you in my own words, I will allow a large fruit growers association do the work for me:

    “Fruit coatings used by the Pacific Northwest tree fruit industry are derived overwhelmingly from two natural sources, carnauba and shellac wax… Shellac wax is a resin secreted by the lac beetle, found in Asia, on trees to protect its eggs… No synthetic-based waxes are used on Pacific Northwest apples. Both carnauba and shellac are approved by the U.S. Food and Drug Administration (FDA) as food coatings and have been safely used on produce and other edible products for decades…Pacific Northwest fruit producers recognize that consumers have diverse dietary needs. No waxes are used that are derived from dairy or meat products…’

    Not only do they admit to using shellac, and how it comes from the lac beetle, but they brag how they use this instead of synthetics!

    The process of taking this secretion to an ingredient in a widely used food product is fascinating in and of itself. Collected from the trees into canvas sacks, one is left with a mix of tree-bark, female lac beetles and the shellac. The canvas bag is then heated over a fire where the shellac liquefies, separates from the bugs and bark and oozes out of the sack.

    They then take that liquid and harden into sections to be sold on the market.

    How do we get around this serious concern?

    Rav Moshe Feinstein, some 50 years ago, dealt with wax, shellac and the lac beetle (Ig’m yoreh deah 1:24) and suggested a number of reasons for its permissibility.

    This is where the question of shellac and forest honey collide.

    To understand his response, we first have to go back to how chazal viewed honey.

    The gemara teaches us the dictum that all food that comes from a non-kosher species is itself non-kosher. For this reason, for example, an egg of a non-kosher bird would automatically be deemed non-kosher.

    Basing itself on this principle, the gemara wonders(Bechoros 7) that honey derived from bees (which are themselves, of course, non-kosher) should be non-kosher in turn!

    So, leaving aside forest honey for a moment, it would now seem that all honey (and certainly shellac) should be forbidden!

    How does the gemara gets out of this problem, at least for bee honey? It is important to first understand how all bee honey is made, not just forest honey.

    A bee will venture as far as four miles to find nectar. Let us assume that she (all worker bees are female) finds sufficient nectar from flowers. It will then stick its long nose, suck up the nectar and temporally swallow it into one of its two stomachs.

    Inside the stomach it will mix with special enzymes that will help thicken the nectar and will, eventually, turn it into honey.

    But she is not nearly done yet. She will then fly back to the hive and vomit the nectar into the mouth of another bee, and that bee will do the same to another, and so on, all adding more and more enzymes to the recently received nectar.

    It is finally evacuated from the last bee inside the honeycomb where it will be covered and slowly thicken into the honey we know and love.

    With this is mind, the gemara brings two reasons why honey would be allowed.

    These two reasons will give us insight into not just the allowance of bee honey, but shellac as well, and perhaps, according to some rabbanim, the newly popular forest honey.

    III

    From Bee or Not From Bee

    “Out of the eater comes sweet food and out of the strong came forth sweetness”

    -Shoftim 14

    This pasuk is the famous ‘chidah (riddle) of Shimshon with which he challenged to the pelishtim. While we do know that Shimshon was referencing a swarm of bees and their honey that he discovered inside the notorious lion he had earlier slain, untangling the riddle’s deeper mysteries has been a challenge for centuries.

    We are in the midst of a honey riddle of our own, and there could not be a more apropos pasuk with whichto open this the culmination of our own mystery.

    We mentioned above the rule: “kol hayotzei min hatemei, tamei –all that is derived from a non-kosher species is itself non-kosher”

    So we went from questioning the kashrus of forest honey, to showing the kashrus concerns of shellac, only to find ourselves back at plant-derived honey and the gemara questioning even that!

    Let us now tie it all together:

    The gemara (Bechoros 7) offers two explanations as to how bee honey, although excreted from a forbidden insect, is indeed kosher.

    The first justification comes from the unique production of honey. The Tana Kama explains that since honey is not part of the bee itself per se, rather a secretion that it first ingests from an outside source, the final product of honey is not deemed a yotzei (a secretion) of a tamei (non-kosher species).

    This is true although a bee does indeed add its own enzymes into the nectar which helps transform the sugars, in time, into recognizable honey, as these bug-additives would not be enough to make it forbidden (see Tur siman 81 and Madenei Yom Tov, Bechoros #90)

    If we accept the Tana Kama’s view as normative, an amazing heter emerges: all bugs, or any forbidden species, that secrete matter once injected, even should small quantities of natural additives from the forbidden species be tacked on inside of it, would be permissible for consumptions once secreted. This would seem to allow for not just plain, industrial honey, but honey sourced from honeydew (aphids) as well. For, the aphids’ ‘honeydew’ is also created through a secretion of an insect of a once kosher matter (the sap from the tree drawn out by the aphid) and would therefore itslef be permissible!

    This would also be true regarding the secretion of the lac beetle-which we turn into shellac –which is derived in a similar manner from the sap of trees. Although both the aphid and the lac beetle add a little of their own acids and enzymes to the final product, this, like with plain honey, would not be enough to make it assur.

    Putting it all together: when a honeybee draws nectar from ‘honeydew’ it would be drawing permissible matter, according to the Tana Kama. And, when it is finally secreted into the honeycomb from the forbidden bee, we would simply be relying on the general sevara (logic) of honey’s allowance.

    However, it is not so simple. After quoting the Tana Kama’s reason for allowing honey, the gemara then offers Rav Yaakov’s alternative justification for its permissibility.  Seemingly rejecting the logic of the Tana Kama, Rav Yaakov would ban honey if basing himself solely on halachik reasoning.Rather, explains Rav Yaakov, the reason plain honey may be eaten is based on solely on a pasuk.

    Although one may guess that the allusion in the Torah to honey’s acceptability is the fact that eretz yisroel is praised as ‘…zavas cholev u’devash’ – the honey referenced there is actually date honey (refer to Madenei Yom Tov, ibid.).

    Rather Rav Yaakov draws his inference of allowance from a pasuk in vayikra (11:21) that discusses the kosher types of insects, that are now largely lost to history (save for some Yemenite and Moroccan traditions). The pasuk states, “Only this (‘zeh’) you may eat from among all flying teeming creatures…” The pasuk, and the word ‘zeh’, is alluding to the fact that only the creatures themselves were made assur, but not what it produces from its body. The gemara concludes the lesson of the pasuk with the following: “…and what is ‘this’ referring to? The honey of bees”

    Now, all of us are aware that because Rav Yaakov, as opposed to the first view, derives his allowance from a pasuk, he is limited in its application, as we do not conjecture when dealing with the mesorah of pesukim.. Indeed the gemara states that based on Rav Yaakov’s view honey derived from other insects, like wasps, which bear the name of the forbidden species (e.g. ‘wasp honey’) would not be allowed, although according to the Tana Kama they would.

    Conversely, according to the first view, any insect which secretes a matter largely from an outside source would be, most often, permissible.

    The application of these two views to modern times, and to our discussion, is enormous. For, only if we hold like the first view, would honeydew be kosher.

    However, seemingly, according to the second view in the gemara, that of Rav Yaakov, we would not be able to apply the pasuk to anything other then to bee honey, no matter their similarity, This would make forest honey, and its cousin shellac, forbidden for consumption.

    So, which view is followed in halacha? This too is not entirely clear. We find differing views among the rishonim. While, for example, the Rosh follows the more limiting view of Rav Yaakov, both the Rambam (hil. machalos assuros 3:3) and Shulchan Aruch (yoreh deah 81:8 -in his initial view) rule like the more permissive, first view, even extending the heter for honey beyond bees, to wasp honey!

    Being that we are dealing with issurei deroiasa (Biblical concerns), it would seem that we need to rule strictly regarding forest honey, and indeed this is how Rav Wosner ruled in a teshuvah published in the Torah journal ‘Mesorah’.

    The oserim assert that the first step in allowing honey must be that the initial source of nectar is kosher. Even though one may argue that honeydew itself should carry the same permissibility as honey, we can’t apply a pasuk beyond anything chazal inform us about. And even according to the more permissive view of the Tana Kama, it is possible that we may also only apply his allowance to the few items chazal spoke of, like wasp honey, but not to extend it to anything and everything similar.

    As Rav Herschel Shechter, the posek for the Orthodox Union, is quoted as saying: “A bee is not a mikveh tehoirah for forbidden foodstuffs (thereby making anything that passes through kosher)”

    In this complete article in Mesorah (ibid.) written by the rav of Lyon, France, there is little room left for allowance.

    However, some argue, still, for its permissibility.

    They base themselves on a teshuva of Rav Moshe Feinstein (Igros Moshe 1:24) where he discusses shellac and offers several reasons why it is of no concern.

    Now, it is certainly true that some of Rav Moshe’s reasons for allowing shellac found in wax and in its own glaze do not apply to forest honey. For example, this that he writes how shellac is nullified into the wax and its glaze – whereas by forest honey there is no nullification as we eat the actual matter -, and, that he offers that shellac is not a ‘food’ item per se, or that it does not taste edible, but rather serves other purposes  -whereas forest honey is sweet and tasty and certainly a food –would be arguments of no consequence to forest honey.

    However, one of Rav Moshe’s other arguments may indeed apply to forest honey. Explains Rav Moshe that even if we accept the more stringent view of Rav Yaakov, the Levush who explains this limiting view to be unique to items with the name of the forbidden species in them – and this is why ‘wasp honey’ was disallowed according to his view – otherwise the pasuk allows for all items produced in a similar manner to bee honey!

    ‘Forest honey’ would then almost certainly be included in the allowance, according to Rav Moshe.

    So here is where we arrive: allowing forest honey would only be acceptable if:

    1. we accept the view of the Shulchan Aruch and Rambam, who follow the Tana Kama, as normative. And even then, only if we then extend their view to all items created in a similar process to honey (which many do not to extend it).

     2- or, even according to the Rosh and the other poskim who are strict like the second, limiting, pasuk-basedview of Rav Yaakov, if we accept the Levush’s explanation that the limitation inherent in this view is only activated in substances that carry the name of the forbidden species in it (e.g. ‘wasp honey’).

    At the end of the day, and certainly by the end of this year, one may simply find that forest honey sold in stores carries only certain hashgagos.

    This brief monograph should be filed under ‘appreciating what goes into kashrus’. It is also a heavy reminder that just because a group of hashgachos are reliable does not mean that they agree on even matters touching upon Biblical law. For this reason, one must have a morah horah who can guide them in not just which hashgoachos are reliable, but when and on which items to be rely on them.

    Let us end with an amazing insight that I heard in the name of the Brisker Rav. Rashi tells us (Devarim 1:44) that the Amorim were compared to bees because like bees that die upon stinging, so too the Amroites died after waging war on klal yisroel.

    The pasuk tells us (Tehillim 118:12) “savavuni k’devorim -They will surround me like bees”. This, explained the Brisker Rav, is a reference to Yishmoel, that will commit suicide in order to bring us harm, just like a bee.

    As this prophesy has been painfully borne out, let us hope for its ending (118:14), “vayehi li l’yeshuah”, when Hashem will provide our ultimate redemption.

    May it be soon!


    [1] Much of this material was taken from this writer’s weekly column in Ami Magazine

  • Butter and Cholov Yisroel

    Butter and Cholov Yisroel

    ​​August 2021

    ​​Old McDonald’s Butter

    An Uncomfortable Rejection

    We have all had something like this happen to us. A well meaning person going out of their way to offer us what they believe to be “kosher” food. 

    As kosher consumers living in a wonderful country, we are often victims of kindness.

    I was recently on a plane, when the flight attendant, seeing that I was the only noticeably frum person on the flight, came over and gave me extra “kosher” snacks. She was trying to be nice and accommodating, but the snacks had a hechsher few rely upon. I thanked her and told her I would “save” them for later (by save, I meant to give to someone on the plane).

    But it was a few weeks ago when I saw this on a grand and public level. 

    Like many families in late summer, we were looking for somewhere to go with the kids, a swan-song of summer, one last hurrah.

    My wife came up with the wonderful idea of heading to Pennsylvania.

    On our last day there, we decided to go to a farm that was located at least ten miles from the nearest town. While that may sound boring, this farm was the perfect place to spend a day with a family with children kn”a of all ages. With the state’s largest corn maze, hay rides and a myriad of activities for people of all ages, this farm was something to behold.

    Arriving in the parking lot—which itself was in a corn field—we noticed that it was filled with one mini-van after another. Virtually every one had a license plate from either New York or New Jersey and had magnetic bumper stickers representing one of the frum camps.

    Walking into the farm was like walking onto 13th avenue, if 13th avenue had a petting zoo and sling-shots. There weren’t just a lot of frum families there; there were virtually only frum families there.

    After completing the corn maze, which actually has a store—a store!—in the middle of it to purchase sandwiches and drinks, we divided up among age groups. Suddenly there was an announcement on the speaker system: “For our Jewish visitors, Minchah (pronounced the way most non-Jews pronounce “ch” as in “‘charge”) will take place at 2:30 in Barn B.”

    At first I thought I was hearing voices, but my wife and kids heard it too. We made up that we would meet after Minchah at the butter-making seminar to be held across from davening.

    At about 3 P.M., we met up and took our seats along with all the other frum families on one of the benches. An older woman came onto the stage. She had with her a bottle of heavy cream, small plastic containers—a little larger than a schnapps glaizel—with covers for them, as well as a few packages of saltines.

    Anyone familiar with butter production saw where this was headed. We were each going to be making butter—by simply rigorously shaking our small containers of cream—and then we would get to eat “our” butter with crackers.

    Ever the showman, she promptly explained to the crowd that she made sure to purchase cream and crackers with a reliable kosher marking.

    Oh boy, I thought to myself, she went out of her way to buy kosher, but it’s doubtful that anyone in the crowd will be taking advantage of her kindness, as close to 100% of this crowd, I presumed, ate only chalav Yisrael.

    While there was little room to allow this butter to be eaten for those who do not eat chalav stam, it allowed for an enjoyable conversation—a mini shiur—that formed among the fathers.

    Butter is produced by taking heavy cream and churning it (or shaking it) until it reaches the point of flocculation, when the butterfat becomes a butter-solid, leaving behind a liquid that we call buttermilk.

    The word for butter is chemah, but even that’s not so simple. As noted kashrus expert Rav Zushe Blech points out, “We know that Avraham fed chemah to the visiting malachim, but was it really butter? Rashi (Bereishis 18:8) explains chemah as the fat that one collects from the surface of milk, which implies that it is cream and not butter. The Targum seems to concur by translating as ‘shman’, which would mean the fat. Rav Aryeh Kaplan,z”l, feels that the verse is referring to cottage cheese. Interestingly, some editions of Rashi translate it as buerre—the French word for butter! Rav Dovid Tzvi Hofman, z”l argues that chemah originally referred to a fermented milk product (leben?), derived from the word chemah. Clearly, things are not always as they seem.”

    The siman in Shulchan Aruch dealing with dairy products, (Yoreh Deiah 115), is one of the most important for people to learn, as there are many, many misconceptions regarding its laws.

    Firstly, chalav Yisrael is not a chumrah! Rather, it is a matter of clear, undisputed halachah (cf. Pri Chadash ibid.). While it is true that Rav Moshe Feinstein and others allowed milk that we have termed chalav stam, they did so because they believed that such milk is indeed chalav Yisrael, and only to avoid confusion from classic chalav Yisrael do we call it stam (but never chalav akum!).

    In other words, we all only eat what we believe to be chalav Yisrael.

    The misconceptions don’t stop there. Next, the Shulchan Aruch speaks about gevinas (cheese) akum. The prohibition of such cheese has nothing to do with the chalav akum halachah that precedes it, as cheese can only be made from milk that comes from kosher animals. While the reason for gevinas akum is debated, the Shulchan Aruch accepts that the concern was that when making the cheese they may use the lining of a (non-kosher) cow’s fourth stomach for use of the enzyme that separates the whey and the curds. The minhag is to follow the strict view of the Shach, who understands that this concern is only assuaged if a Jew pours in the kosher enzyme-rennet into the milk himself. Based on this, there are some people who while they never would drink chalav stam milk would in fact eat kosher cheese (i.e. a mashgiach poured in the rennet and made sure all other ingredients are kosher) made from chalav akum.

    The reason why most people who only eat chalav Yisrael also only eat cheese that is chalav Yisrael is because the Rama and others mention an additional concern: although cheese can only be made from kosher milk (hence, there is no need for a chalav akum ban on cheese) there is still a small fear that a manufacturer will put in small amounts of milk from a non-kosher animal and the kosher milk will harden into a cheese around the non-kosher liquid, which would give the cheese a special flavor. (The reader is directed to Chelkas Binyamin 115:67 at length)

    Finally, there is the category of butter. The Gemara never mentions butter in it discussion of these halachos, which leaves room for a great debate.

    Butter, too, can’t be made from the milk of a non-kosher animal, and further, according to the Rambam and the Shulchan Aruch and some of the Geonim, butter was not under the ban of milk or even cheese and may be eaten even if made from truly chalav akum milk!  

    The Shulchan Aruch explains therefore that when dealing with clear, solid butter (without apparent cream residue, which could be milk from a non-kosher animal), a city with no minhag regarding butter may allow chalav akum butter.

    However, he clearly states that many cities had the minhag to still avoid stam butter, and this is still the minhag among all chasidim and some of the litvishe.

    We would be remiss not to point out that today the process of making butter is far more complex than it used to be and simply purchasing any butter may not be so simple as it once was.

    Based on the above—especially in a place where there is no set minhag, such as, perhaps, a farm in Pennsylvania—some fathers suggested an allowance of this butter; after all, isn’t this what the Shulchan Aruch allows, and wouldn’t this save this woman from feeling bad?

    Yet, on the other hand the Rama (end of se’if 1) clearly makes an important distinction:

    This that cheese and butter can’t be made from milk derived from a non-kosher animal, which then opens the door to all the potential leniencies mentioned above, would only be true once made. However, should a Jew take milk that has already been deemed assur to him because it is chalav akum and then the Jew himself makes it into butter or cheese, it would retain its initial issur status. 

    This would mean that those who only eat chalav Yisrael would have very little to rely on and could not eat this butter.

    So, back to the farm: what did we end up doing? We went over to the kind lady and, after thanking her for going out of her way to purchase kosher, explained that most of the Jewish parents will not be eating the butter they make today. She looked perplexed. “But isn’t the cream kosher?”

    How did we explain to a farmer the complexities of these laws just laid out above? 

    With a smile and a heartfelt thank you for trying to accommodate us.

  • RAV NOTA GREENBLATT, ZT”L

    RAV NOTA GREENBLATT, ZT”L

    BY: RABBI MOSHE TAUB

    WE WILL OPEN WITH A SHORTER BIO & PERSONAL REFLECTIONS

    I.          A Loss for Klal Yisroel

          This past erev Shabbos parshas acharei mos, klal yisroel lost one of its most unique poskim and American rabbanim, Rav Nota Tzvi Greenblatt, at the age of 96. Rav Nota, as he was known by thousands, was born in 1925 in Washington D.C. to Rav Yitzchak, and his mother, Sara Rivka neé Appelbaum. His parents were originally natives of Brisk, and Rav Chaim Solaveitchik was their mesader kiddushin. His father was in America collecting funds for the Brisker yeshiva Toras Chesed, and soon assumed his position in Washington. After serving as a rav in Washington, and then in New York State, Rav Yitzchak would later become a rav in Newark, N.J. where he opened up its first Day School. A masmid at a young age, in the 1930’s Rav Nota would join a chabura under Rav Dovid Leibowitz in the new Yeshivas Chofetz Chaim. He was thirteen years old at the time!

         Later, after spending time with Rav Soloveitchik and Rav Michel Feinstein in Boston, Rav Nota would Rav Michel to the Lower East Side and spend the next several years under the tutelage of Rav Moshe Feinstein. Rav Nota was known as one of Rav Moshe’s closest talmidim.

         Soon, after spending some years in eretz yisroel, Rav Nota would move to Memphis. Rav Binyamin Kamenetzky drove Rav Nota to the train station in 1949 for Rav Nota’s trip to Memphis to assume the position of Talmud Torah teacher and chazan of the Anshei Sefard shul, and his meeting with destiny. Rav Binyamin said upon dropping him off,  “I will be back in tow years to pick you up”. However, Rav Nota would stay in Memphis until just last year.

       Soon after his arrival in Memphis, he would hear of a ‘Kaplan girl’ who could not find a shidduch, as she keeps Shabbos and Torah and the South offered few men who had her Torah aspirations. Rav Nota thought that such a girl -who, along with her family, could maintain yiddeshkeit in the South without even the benefit of a traditional Beis Yaakov education -was someone for him. They were soon married, and she and their five children would join Rav Nota in sacrificing for the community and the klal, as we shall see below.

         Aside for building its Day School, High School and yeshivos, he was far from a simple local Memphis rav. Rav Nota spent several decades travelling around the globe each-and-every week writing gittin, performing milos, and taking care of all matters where there was no rav, or the rav felt unworthy.

         He was the posek that many well-known poskim would call. His calls and his calling brought him to travel all over the world -which he did until well into his nineties.

         Yehi Zichro Baruch.

    II.         One Person’s Story

        I am not worthy to be writing about Rav Nota. I am far from his closest talmidim. However, as mentioned above, Rav Nota travelled the world, and forged bonds with rabbanim in many cities, both large and small. My connection with him is not special considering how he lived his life for the klal, which is what makes it so…special! The impact he had on so many of us was enormous, and we each felt a unique and distinctive bond with him. He would always tell us how important our sacrifice was and give important words of encouragement to our wives who needed it most.

          Interestingly, Dr. Rubin Cooper was the first to inform me. “Rav Notta Greenblatt, BDE” was all he wrote last erev Shabbos parshas Acharei Mos. Dr. Cooper is a renown pediatric cardiologist, well respected among his peers and in the medical profession. He is also a prior president of our shul.

        However, he is not a big ‘texter’, and, in the moment, I did not focus on the incongruity of it being him, of all people, sending me this information; however, the explanation to this would on Shabbos, when Dr. Cooper, for the first time, shared that Rav Nota had spoken to him when my shul was thinking of hiring me. Yet another item added to the list for which I owe Rav Nota hakaros hatov, and his taking time for the needs of all.

         When I received the text, I was numb. Waves of memories poured over me. When feeling finally came back, it was not sadness that first hit, rather a more selfish one: regret.

        You see, for the past year and a half, my eldest daughter, Racheli, had been urging me to visit Rav Greenblatt in Memphis. Being the oldest, she has the most vivid memories of the many days Rav Nota spent in our home.

        Calling him was no longer the option it once was due to a precipitous decline in his hearing and health. Going to see him in person was always something I was planning ‘next week’. This was yet another painful reminder of the mishnah in avos: “Al tomar l’kshe’efna eshneh. Shema lo tipaneh -don’t say ‘when I have the time’, for perhaps that time will never arrive”. For the reader with such plans on his mind relating to their own rebbeim, close the magazine right now and just GO!

        I needed to hear his voice, so I ran to my computer to find a recording I made with him. We would stay up late and sit in my study or dining room table where he would regale me with stories of his life, early America, Brisk and the many gedolim he encountered. He learnt by Rav Moshe Feinstein when Rav Moshe’s beard was still jet-black, and one would marvel at their closeness. Alas, I have, as of yet, been unable to locate this recording. For now, my private memories will have to suffice. Because of the timing of this writing, what follows are devarim hayotzim min halev, and although somewhat without order, I hope it suffices in giving the reader a picture of what we had, and what was lost. Read on, you will be amazed.

    III.        The Man

         Rav Nota was a true, living ‘Brisker’. Not a ‘Brisker’ as we may define it today -as having learnt by Rav Dovid, Rav Berel, or Rav Avraham Yehoshua. Although that imprimatur is a dignified one, Rav Nota was a Brisker in a different sense.  His father, Rav Yitzchak, and his mother, Sara Rivka neé Appelbaum, were Brisk natives, having first come to America to collect funds for the Yeshiva on Kisawa St. in Belarus.  His father instilled in him the avirah d’brisk. His older sister, when asked to describe Rav Nota as a child, said, “From the age of seven onward, Nota would leave the house at six in the morning and wouldn’t return till late at night”! Speaking of Brisk, Rav Nota would soon learn in Boston under Rav Michel Feinstein who had learnt under the Brisker Rav -Rav Michel would marry the Brisker Rav’s daughter soon after leaving America.

         The America that Rav Nota was born into was vastly different than our own. He shared with me how he once walked several miles with friends on a two-day yom tov just to see the face of a ger, so inspired were they as children in the early 1930’s that someone would convert to yiddeshkeit when it was yet to thrive here!

        His Brisker mentality was seen in his caring for only Torah and Truth as well.

          On Truth: I recall once sharing with him an idea on the parsha. Rabbanim -and I speak of myself here -can sometimes search too hard for a heart-pulling idea on the parsha, losing focus on the amito she hadavar.    

           Naïvely, I was proud of an original idea and how it worked in the derasha the Shabbos before. So, sitting at the dinner table, I shared the kasha with which I opened. “Nu, ah gutta kasha!” he said. But then I told him what my then twenty-five year old self said as an answer, so as to inspire his shul. Let’s just say the answer -while innocent -was not a ‘brisker’ approach. Rather, it was saccharine, pulpit-y and mawkish. One of those ideas for which the only proof to it being emes or not would be how someone may ‘feel’ upon hearing it, and not mesorah or chazal.

       He was having none of it.

       He looked at me as a parent to a child who was let down. “Let me tell you”, he began, as I leaned in hoping for a compliment, “One thing is for sure…Notty Greenblatt would never say such a pshat!” He said this with pride. My wife, in reaction, could not help but to begin laughing, enjoying the needed come-down to her young, newly-minted rav husband.

       The reader may take the above as a ‘sharp’ retort -and Rav Nota could be biting -but he would also have a keen ability to disarm anyone he met, as we will see in some amazing stories below. He had a unique skill in that he was able to tell it like it is without ever offending. In fact, on the contrary, people would thirst for it. In Buffalo, thousands of visitors would come through during the year for davening. I would often ask the chashuvim to speak in my stead in-between mincha and maariv. They always spoke well, and tailored their remarks to such a crowd, as they perceived them. Not Rav Nota. Not only would he speak to them as if he was giving a shiur to the greatest lamdanim, he would never shy away from saying things exactly as he saw them. Never once did anyone complain; indeed, they looked forward to his perennial visits.

        To him toras emes should not change based on one’s audience. How one gives it over may be different; but not What one gives over”.

          And, on Torah: while I will share more stories on this theme below, here I will share one. I once received a very complex shailah. After working on it for the better part of the day, I decided to call Rav Nota in Memphis. He was not home, and I left a message. A few more hours pass, and I finally came across a seemingly obscure and cryptic comment of the Magen Avraham in hilchos yom tov that I thought may be a good source l’hatir (to allow). A few minutes later my cell rang. It was Rav Nota. I shared with him this very rare and unique shailah, and without missing a beat, he exclaimed, “It’s a mefurash Magen Avraham in hilchos yom tov…”!

    IV.        Lav Ish Itti Anochi

          To understand his eclectic life, one could start by looking at his sefer on chumash, titled K’rayach Sadeh. Because it was published after the passing of Rav Moshe Feinstein, his rebbe muvhak, there is but one haskama, from his other rebbe, Rav Michel Feinstein.

          After learning under Rav Dovid Leibowitz, and before Rav Moshe, Rav Nota learnt by Rav Michel. Before I go on, I should point out the video that has been making the rounds these past few days. In the 1920’s a gadol made a comment at an agudas harabbanim meeting that he feared American boys will never be great bnei Torah. In the words of Rav Nota, “They thought all we cared about was if the Dodgers or the Yankees would win the World Series. But Rav Dovid responded that we can become greater than the boys in Lita! He believed in us”

         The haskama from Rav Michel shares some American Jewish history unknown to many. It reads: “In 1941 I was in Boston” – Rav Michel arrived in America together with Rav Aaron Kotler that year –“There, we had a group of students who were exceptional in their Torah” -This yeshiva was named Yeshivas Heichel Rav Chaim, and was run by Rav Michel together with Rav Soloveitchik, before he would assume his title at Yeshiva University – “I would there give shiur to these boys, the youngest among them was the esteemed gaon Rav Nota Greenblatt, shlit’a. He was then also a great aid to me in preparing articles for the Torah journal HaPardes…”. Rav Nota would have been all but sixteen at the time.

         As I was looking at the sefer in preparation for this expeditiously written article, to my amazement, I noticed one page that I must have folded onto itself years ago to mark an idea therein. I was shocked to discover that it was an idea on the parsha of his petira, acharei mos. What is even more remarkable is that not only was it the rare entry that was not lomdus, but it also perfectly captured Rav Nota as a person.

         The pasuk describes the man who takes the Azazel on yom kippur as ‘ish itti’. The meforshim debate precisely to what this term. Rashi teaches that this term itti denotes to the fact that this person was set aside already before yom kippur, which the Gur Aryeh explains is alluded to by its shoresh -eis, time.

         Rav Nota takes this shoresh idea one amazing step further (translation and errors my own):

    “The world/reality of the type of person who is drawn toward sin is that of the ish itti, ‘A Man of the Times’; a person who lives and is swayed symbiotically along with the winds of the cultural and social milieu. It is only appropriate that such a person be the one who handles such a sacrifice, the very symbol of sin. A korban in the beis hamikdosh, however, as in the other avodas yom kippur, especially in the kodosh hakodhim, is represented by an old man, as the gemara quotes Shimon HaTzadik as witnessing every year (Menachos 109b)…”.

        When I met Rav Nota he was that old-man, unchanging from the Torah and mesora of his youth.  After moving to Memphis in the late 1940’s he never changed. He was in his mid-eighties when I first met him but stuck in a ‘time warp’. If you wanted to know what a yeshiva bochur in the 1940’s looked like, talked like, learned like, you only had to meet him. His slicked back hair, a goatee and a straw hat, and, all along with a mastery of shas, poskim and middos. Memphis never changed him, rather he changed Memphis! He was the quintessential lav ish itti anochi!

         Rav Moshe Heinemann, the Rav of Agudah of Baltimore and the posek for the Star-K shared by the levaya that Rav Nota dressed like a simple man only to abstain from kavod.

    V.         Rav Nota and Rav Moshe

         Writers would often call Rav Nota to ask for stories of his rebbe, Rav Moshe Feinstein. While he would always share these in conversation, he was often a little more reluctant to share them with writers. I only know this because I once received a call from someone working on a sefer about the hashkafos of Rav Moshe. “I never met Rav Moshe, why are you calling me?” I asked in wonderment. “Rav Nota gave me your name to call”. I laughed out loud. I explained that this is likely because he was just by my home. When he stays by me, I always press him on Rav Moshe. While much of what he shared is not for public, a few incidents I feel I can repeat.

       He was once walking with Rav Moshe in Connecticut one summer. Relaxed, he felt comfortable asking his rebbe, “When did rebbe first finish shas?” He shared that Rav Moshe responded that while he could not remember if he was fourteen, fifteen, or sixteen, he did recall the date. “Daled adar”, he said.

          Wow! This is why chazal teach us to listen to the sichos chullin of our chachamim. Perhaps the reader caught the amazing gem hidden in this story. Rav Moshe’s birthday was zayin adar. This means, although he was working on this goal of finishing shas -we would imagine -for some time, he did not speed up or slow down to mark this milestone on his birthday (Rav Moshe would call his children and grandchildren on theirs, so we know he marked such dates). Rather, his learning was not tied to sentimentality, or his precious time and schedule!

        His relationship with Rav Moshe ran very deep. He left Boston with Rav Michel to MTJ, and there developed a life-long rebbe in Rav Moshe.

         His son recounted learning a teshuva from Rav Moshe with his father (many teshuvos in Igros Moshe were written to Rav Nota, and his nephew, Rav Efraim). This was relating to a pressing case at hand. As they were reviewing it, Rav Nota kept questioning Rav Moshe’s sevaros (logic) and rayos (proofs), even commenting that it was hard to fathom how Rav Moshe came to such a psak. However, to his son’s surprise, when they concluded, he picked up the phone and described how to handle the case according the teshuva they just read. His son questioned his father, “What about all the questions you had on it?” Rav Nota replied that what came from Rav Moshe was as if it came from the lishkas hagaziz (where the Sanhedrin sat), no matter our questions!”

         This is similar to how Rav Chaim once sent a shailah to Rav Yitzchok Elchanan and requested to send back the psak only and not the sevaros. “Sevaros I can always refute, but a psak from the posek hador is untouchable.

          As Rav Nota felt about his rebbe, Rav Moshe felt about him. A few weeks ago, the family found a hamlatza (letter of approval/acceptance) that Rav Moshe wrote for the-then twenty-one year old Rav Nota when he went to learn in eretz yisroel. “He will be the primary baal horoah in America one day” Rav Moshe wrote!

         Let me share two more stories he shared about his rebbe. He chose these stories wisely to share with a young rabbi out of town. There was once an individual who took it upon himself to make a mocheh (protest) against Rav Moshe and his psakim (rulings). While this had happened before, this man went the extra mile. He was able to print a sefer with the same font and look of an Igros Moshe, only to, in order, seek to undermine and dismantle each of Rav Moshe’s points to each teshuva, and written with a disregard of derech eretz. Rav Nota was in Memphis at the time and was unaware of this development. A few weeks after the publication of this book, Rav Nota was visiting Rav Moshe in MTJ. A group from the yeshiva surrounded him and filled him in. “You have to speak to the rosh yeshiva, he must make a public mocheh against this breach in kavod haTorah!” they exclaimed.

        “I too was incensed!” Rav Nota shared. “But, let me tell you, Rav Moshe was smarter than us all. When I went into his office, I cried out, ‘Rebbe, rebbe! What of kavod haTorah?!’ Rav Moshe looked at me and smiled. If I go to the beis midrash and klap on the bima and protest, do you know what will happen next? Everyone will run out and buy this book. If I am quiet, the storm will pass. Soon no one will know this book’s name’”.

        Looking at me with a twinkle in his eye, Rav Nota asked, “Nu R’ Moshe Mordechai! “Do you know the name of that book?”

        “No” I admitted.

           “Aha! That was the pikchus of Rav Moshe!”

         I only once saw Rav Nota cry, and it was when he was describing his rebbe.

         We were sitting in my office in Buffalo late one night -after a day of writing gittin, see below – when he started to pace my office and peruse its sefarim. He took out a yaaros devash, held it in his hand and began to sob.

        I waited, and he then shared:

          “I was by his kever. So many tzadikim are buried all around him, but only by Rav Eibishitz does the matzeiva I read ‘ish kodosh’. Do you know why? Rav Eibishitz was one of the most prolific writers in our history. Yet, he did this, while surrounded by machlokos. Rav Yaakov Emden, as is known, not only battled against him, but lived just down the street. Families in klal yisroel were split due to this machlokos. And yet, he was kodosh -able to separate himself -and focus on Torah.

        “So too my rebbe.” He began to cry again. “No one could learn during the early 1940’s. The news would slowly trickle in and the rebbeim would sometimes open their gemaros and begin to cry like newborns. Who could blame them? They were reading about their parents, brothers and sisters, about whom they were reading about! The Holocaust was having its first impact on the first ‘survivors’.

       “There was only one man then who learnt like nothing was happening in the world -a kodosh, a man apart -my rebbe Rav Moshe Feinstein”

        I was surprised to hear myself question this. “But shouldn’t a gadol be broken from such destruction?” I asked.

        “You think he was not broken? The SCREAMS that came from Rav Moshe during davening were deafening. But as soon as the last amein from the last kaddish was said, Rav Moshe -ish kodosh – would wipe the last tear from his cheek, gird himself, and only then learn like nothing was going on”

       Wow!

          At his levaya, one of Rav Nota’s talmidim, shared a story that demonatrates how Rav Nota acted on this message. One evening some decades ago, Rav Nota was giving a chabura. It was normal to have calls come in during the shiur, some of which Rav Nota having to take. The bochurim and yungeleit were used to this. But this time, something was different. Rav Nota was not responding with many words, just a simple, “Yes” or “Ok”, or “I see”. After each of these terse calls, he would return to the shiur at hand, only for the phone to ring again, with Rav Nota, again, answering swiftly.

       It was only when the shiur was over that the boys discovered that Rav Moshe was just niftar and that was what these calls were about. Imagine! His own rebbe muvhak, and yet, it was during shiur, so he had to be short so as to focus on the learning at hand; he could cry later. Kodosh indeed!

    VI.        30,000 Gittin?     

    Rav Berel Feinstein, the current Rosh Yeshiva of MTJ shared in his hesped that Rav Nota was the Shmuel of our dor. Like Shmuel he traveled all over to judge. As the reader will soon see, this was no exaggeration.

       It is here, finally, we arrive at the true gadlus of Rav Nota, his rebbitzen, and how I got to know him.

         Many years ago, as a young rav in Memphis, there was a man in need of a get. Rav Nota was busy building the day schools and the community and assured the man and his wife that it will be taken care of. But one day there was a knock at the door. What I am about to tell you is true -I heard it from Rav Nota himself, and confirmed it with his nephew, Rav Menachem Greenblatt, Rav of the Agudah in St. Loise.

       Opening the door, Rav Nota saw the man draw a gun. “Rabbi” he began in his southern drawl, “I need that get, and I ain’t leaving here till I have it!”

         Rav Nota brought him in -or maybe, better said, the man with the gun lef Rav Nota -into his study. It was then and there that Rav Nota called Rav Moshe who reviewed hilchos gittin on the phone with Rav Nota, and answered several relevant issues for writing a get in Memphis (each city must be written in a certain way, with particular descriptors). The rest is American history.

        If one thinks that the above story is wild, Rav Nota said to his son once of himself, “There is nothing that could happen to a rav that I have not experienced!”

        His son recounted that over sixty-five years Rav Nota wrote some thirty-thousand gittin. I was not sure if this was a guzma (exaggeration), but the cheshbon works out. Most weeks, Rav Nota would awaken Sunday morning, pack his bags and return Thursday. He would travel to the most far-flung areas of the country. If a get needed to be written, he was there. He may have written more gittin than anyone in the history of am yisroel!

        When I would bring him to Buffalo a few times a year, it was only after an accumulation of gittin needed -in the frum, conservative and reform communities. So, if he wrote, say, an average of two gittin in each city he stopped in, and was in a different city each day (he often was!) and did this, say forty weeks out of the year, for sixty-five years, that already brings us to over twenty-thousand gittin.

          His son recounted that he never saw his father during the week. Imagine the sacrifice for these agunos, for kedushas am yisroel. Imagine the sacrifice of his rebbitzen, may she be well!

        Often, he would arrive home on a Thursday after five days on the road exhausted. “Daddy, let me feed you” recounted his son. “Let us first go to shul to daven Maariv. But, before they left, invariably, the phone would ring. It was a woman, or a man, or a rav. A get was needed, or some other serious matter, and the cycle would continue again.

         I once witnessed this myself. After a day of writing gittin in Buffalo, I walked Rav Nota upstairs well passed midnight. His cell phone rang. I could hear tha man screaming through the other end. When the call was finished, Rav Nota shared the story behind it. It was a severe case in hilchos nashim, and this frum man was not allowed to marry a certain frum woman due to a prior forbidden relationship. The man was crying, “Please rebbe! There must be a way!” But there wasn’t.

        If I may be so bold, I was surprised that all of these ‘free aguna’ organizations did not show at his levaya. No one has done more for women bound to prior marriages as Rav Nota had, perhaps in the history of am yisroel!

        I -and the myriad of other rabbanim who would write gittin with him -witnessed the most brilliant skill in which he worked,

        Rav Heinemann shared how there was once a man that refused to give a get, this after Rav Nota travelled a great distance to write it.

       “I have no time, Rabbi” claimed the husband.

    “Tell me, do you travel” asked Rav Nota.

       “Of course, for business and pleasure”.

       “When is your next flight?”

        The man shared the information. Rav Nota then asserted that surely he doesn’t work on the plane. He then, along with eidim, etc. joined that flight a few weeks later to write the get!

        Rav Heinemann then marveled. “To write a get one has to state the city etc. in where it is written. How does one do that on a plane travelling over great distances? Only Rav Nota could figure that out!”

        He would arrive at my house with some bread and a boiled egg. My wife would learn to always have read some hot water and a cookie or cake. He was not a man of great tastes or luxury.

    VII.       Get Stories and More

        Rav Heinemann shared in his hesped a fascinating story. He once had to do a chalitza. The problem was the man was in jail. After negotiating, they agreed for a one-day release. But there was a catch: to release him they had to put on a monitoring device on his foot. Without getting into all the halachic details, suffice it to say that such a device on one’s foot may be in an issue for a chalitza.

        Rav Heinemann called Rav Nota and was surprised when he responded that he needs three hours to get back to him. “Surely Rav Nota could give an answer on the spot” Rav Heinemann wondered. Three hours later, Rav Nota called back. It only then became clear why he needed this time. First Rav Nota went to the local prison. He wanted to see this ankle bracelet. Suffice it to say, they didn’t let him in. Then he went to the local police station. Being a Sunday, no one could help him. He then went to knock on the homes of local judges, etc.. This is why he needed three hours!

        Anyone who met Rav Nota would not be surprised by his sacrifice for the klal and halacha.

         One would think after having written so many gittin, he would become immune. Not so. The first time I flew him to Buffalo, we arrived back home late at night after a day of writing gittin, mostly for people even I never met. My wife, Nechama, is a brilliant person in her own right, and asked Rav Nota if she could see -first hand a get. Rav Nota let out a shriek. “The daled amos of a home should never here that term uttered!” After composing himself, this eighty-five year old man, after some twenty-thousand gittin, then said, “I understand your curiosity. I will show you one, but not in the house”. I watched as she followed him outside -at least daled amos from our home -and showed it to her. 

        Another time, I flew him in just for one get. This was rare, but it was needed. A well-to-do man about town left his wife an agunah for many years. And, although not frum, she refused to remarry without a get. Finally, he agreed to give it.

        I quickly flew in Rav Nota. Alas, the husband was a no-show. “Lets go to his office” said Rav Nota. The wife did not seem to believe this would make a difference, and to be honest, neither did I.

         While I cannot disclose where this office was, suffice it to say, he was a very powerful man. I walk into his office with Rav Nota, and the man -to my shock -shares how he went to Torah V’Daas as a child. He began cursing out all that his holy…in very unholy ways.

        I started to tremble. “We flew Rabbi Greenblatt, who is not spring chicken, to Buffalo, NY, and now you are pulling this shtick…?!”

        Rav Nota cut me off. I can still hear the words today that he whispered in my ear, “Rav Moshe Mordechai ben Harav Baruch Alter hakohein (that is what he would call me when he meant business, as its how I signed countless gittin), go pull up the car. We will be down in a moment.”

        I begrudgingly complied, leaving Rav Nota alone with the husband still cursing and blaspheming halacha, gittin and Toras Moshe.

        Not three minutes passed, and I get the car to the front of the building. Right on cue, Rav Nota walk out with his arm linked in the arm of this husband, whose face was pale as if he just saw a ghost.

        The writing of the get was quiet and adventure-less.  Finally, alone in the car on the way back to my home, I asked: “What did Rav Greenblatt say to him when I left? How did the rav change his demeaner so?”

         “Freg nisht kein shailos, R’ Moshe Mordechai, don’t ask such questions”. Till this day, I never found out what he said. The husband has since passed.

        Sometimes in Buffalo -and in the many oher cities he would visit each and every week -finding eidim to sign the get was not simple. I have watched him train simple balla battim in the art of eidus and ksav ashirus. Not only did he not make them feel foolish, but they walked away feeling like kings.

         Rav Yirmiyahu Milevsky, my predeccesor in Buffalo, and then a rav in Memphis (now a rav in Toronto) shared that the goy to whom Rav Nota would sell the city’s chometz would feel the same way. He would leave the meeting erev Pesach feeling like a king. Rav Nota would sell it to a simple, yet sharp man. But he would beam with pride that the rabbi of the city spent this time with him and entrusted him with ‘Jewish Law’.

    VIII.      More Gittin Stories

    Rav Akiva Tendler, rav of Kahal Bnei Torah in Monsey, and a rabbinical coordinator for the OU, shared with me the following. In the early 1980’s he was learning in the famed yeshiva of Scranton. They were learning meseches gittin at the time, and the bochurim were excited to learn that Rav Nota was in town to write gittin. This way, they could witness first-hand what they were learning in yeshiva. R’ Akiva and some friends went to the shul where Rav Nota was working, when the gabbei stopped them. Turning to Rav Nota, he said, “Perhaps it is not appropriate to have these innocent yeshiva students be here for a get?”

        Rav Nota thought for a moment, and said, “Let them in, perhaps one of them will be a mesader gittin one day and can learn from this”.

       Rav Akiva was greatly inspired by this. And today is indeed a well-regarded mesader gittin.

        To get a feel for just how much Rav Berel’s words of Rav Nota being the Shmuel of our generation ring true, let me share the following. After a few days of gittin it was time for Rav Nota to leave. He informed me that he had to be in some far-flung city (North America, South America, I couldn’t keep track) to write gittin in the morning. “What time does the rav need to be in the airport to catch his flight?” I asked.

        Rav Nota laughed. What I am about to say is hard to believe, but I saw it with my own eyes. He took out the most interesting card, made of metal. “I have flown so many miles, that the airline gave me this card. Only two or three people in the world have it. When I go to the airport I can get on any plane, at any time”!

         A Shmuel of our dor indeed!

       Rav Milevsky shared how Rav Nota would always travel with a razer, so as to cut the get after mesirah. Rav Nota knew everyone at security at the Memphis airport, of course.  After 9/11, they went through his bag and found the razor. “Rabbi Greenblatt, we are sorry, but we can not let you on the plane with this”.

       “But you know me! Do you think I am a terrorist?”

       “No, no, of course not Rabbi Greenblatt!”

        “Well what f a real terrorist, Heaven forfend, does get onto this plane. Will you be ok if you took away the one weapon I could have used to foiled the plot?”

        They all laughed…but the razor was left behind.

          Allow me to conclude this section with two critical points. Out of thirty-thousand gitin, and million upon millions of miles travelled over seven decades, Rav Nota was only mattir two women to marry without a get. There are few who had the power to do so. But no one should ever think he was a kal, chalila. This leads to my second point, by way of a last get story. I once received a call from a prominent beis din. They were researching a case of mamzeiros. One of the notable and scholarly rabbis of the early Conservative movement lived in Buffalo. He was the one who wrote the get that could free these children. I was asked if I would go the Buffalo University to review his archives and see if I can locate this get. The story of the amazing discoveries and letters found in this archive is its own story, for another time. I was able to locate his file of gittin. Before I called back this beis din, I thought to call Rav Nota. He was furious. “Under no circumstances to play games with this. Conservative gitin are meaningless. Tell this beis din you couldn’t make it”.

    IX.        Memphis

    It would only be proper if I leave Rav Nota’s footprint on the city of Memphis to someone from that town. The Torah he built, the dorei doros of Torah he molded. But a few vignettes I will share.

       His son recounted at the levaya that he asked his father if he was ever scared, at the young age of twenty-four, if the day school he was starting would fail.

       “Never! The Torah sells itself. I all I needed were children.”

    He then shared a great secret of chinuch. “Sometimes, simply pausing to collect oneself at the mention of Avraham and Sarah can have a great impact on a child.”

       Rav Milevsky shared that at one meeting among rabbis there was a question about kevura. Everyone said their piece, but then Rav Nota spoke. “We can bring a raya from Rambam in hilchos bigei kahuna…”.

         When there was no mohel in the early days of Memphis, he trained to become one. When people complained, “Why would I get a rabbi when I could use a doctor?”, Rav Nota purchased a doctor’s white coat and a doctor’s bag in which to carry his tools.

        His home was open to all. And I mean ALL. He was kulo chesed. He and, lhbch’lch, his rebbitzen, taught several generations what it means to be a Torah Jew.

    X.         Back Home

    His son shared how a few years ago they came to visit MTJ. Although it had been some seventy-five years, it was as if he never left. Rav Nota did not wish to leave. But, sadly, it was time to go.

       As he suffered a precipitous decline this past year, he would speak to his son in the middle of the night. He always had one request, “Maybe we can go to the yeshiva today?” Unfortunately, that second trip never worked out.

        Speaking at MTJ at the leavaya, with his father’s aron in the beis midrash where his guf toiled countless hours so many years ago, his son cried out, “Daddy, I finally brought you back to yeshiva!”.

        On behalf of the klal I thank the Greenblatt children and their mother for the sacrifice they made on behalf of all of us for so many decades.

        Zechuso Shel Rav Nota Zvi Ben Yitzhok YaGein Aleinu.

  • Smoking In Halacha

    Smoking In Halacha

    LENGTHY/DETAILED POST

    Originally Published 2013

    “There is something about the smell of old sefarim that I just love”, I once told my wife. She responded, “That is not the smell of old pages, rather old sefarim have the smell of cigarettes!”

    She was right.

    When I first came to Lakewood I was using an old shtender that had, strangely, holes drilled in to its side. It was explained that this shtender was first made years ago when smoking was common in the beis midrash and ashtrays were bolted onto each shtender! Another told me how at the end of each day a blue cloud hung over the beis medresh in the yeshivah where he learned some 40 years ago. Although there was once a heter to smoke in a beis medresh (see Shaarei Teshuvah 154:20) it is hard to be meykel today, especially in America (see below).

    For a long time after Sir Walter Reilly popularized tobacco in Europe the dangers of smoking were unknown. In fact, old issues of American magazines have advertisements declaring smoking beneficial for one’s health, or that a particular brand is recommended by doctors (“More Doctors smoke Camel than any other cigarette”)!

    Slowly this began to change –in 1958 only 44% of Americans believed that smoking can lead to cancer – coming to a head with the Surgeon General’s 1964 report on the dangers and risks related to smoking.

    Things have changed in the yeshiva world as well. By the time I arrived in yeshivah smoking was, to say the least, frowned upon by the hanhala, at risk of being expelled; and such is the rule across almost all yeshivos in America. Rav Meir Stern once asked me –after discovering I was a smoker –if I would like to join him on a trip to an ICU or cancer ward. Rav Meir Stern is a prince of a person and I still shudder at the memory of such stern words coming from his mouth. When I did finally quit several years later, his were the words echoing in my head.

    In truth, we already find the Chofetz Chaim writing negatively about smoking, during a time when it was quite popular (Likutei Emorim, 13). Nevertheless, in his halachik writings he seems to allow smoking on Yom Tov (see below).

    The Nishmas Avraham (oh’ch siman 503) even brings from the Birkei Yosef (Machzik Beracha oh’ch siman 210:13) who records that his grandfather asked in a dream what they think in shomayim about smoking. The reply came that anyone who smokes on yom tov is put in cherem!

          I often hear balla battim complain about the smoking of yeshivah students, and while I don’t wish to diminish their concern, a little perspective will help this discussion. In my time in yeshivah about 10% of bachurim were regular smokers (while anecdotal, it could not be far off as smokers always knew of each other). That number is far less than, say, a college campus. A recent survey of charedim in Israel reported that 17% smoke compared to 28% of Israeli general public. That being said, yeshiva bochurim must be made aware of the chilul Hashem smoking causes in present society. Subway Corp. and other vendors would never allow a worker wearing their uniform to be caught smoking, and Gd’s army mustn’t have any less a standard.

    Smoking on Yom Tov, in a Shul

    In the Pnei Yehoshua, for whom the Baal Shem Tov was the shochet while in his self-caused galus, we find references to smoking. He is often falsely quoted as saying that smoking is healthy (I saw one rabbi quote him this way in an article where this rabbi wanted to show how halacha can change with new information). In discussing smoking on Yom Tov, the Pnei Yehoshua says that so long as one is doing something which is benefiting him in a physical way, like smoking, “…which helps with digestion and appetite…” it would be permitted. This was a halachik argument that relates not to overall health. Rather, and simply, that a taanug (act for pleasure) done for just taanug alone should be viewed differently than a taanug that also serves some physical purpose [regarding if to view an act as a violation of Yom Tov law].

    The Yaavetz (Siddur Beis Yaakov, relating to Tisha B’Av) marshals the same logic in relation to smoking on a taanis, explaining that so long as it is not done for pleasure rather to help stomach ailments etc. it would be allowed then.

    Indeed, far from showing that the Pnei Yehoshua is disproven by modern science, the physical benefits relating to smoking of which he spoke are still held up by science today – in addition to digestion and appetite, nicotine can help and/or stave-off Parkinson’s, Alzheimer’s, and is beneficial for short-term memory (in need not be said that these benefits are eclipsed by the risk of carcinogenic intake).

    This is not to say that the Pnei Yehoshua had a modern understanding of smoking, rather that this entry in his work is not a strong proof to that fact.

    As for presently smoking on Yom Tov, while Rav Moshe (Igros Moshe, ohr hachaim 5:34) seems to be meyekel, many others are stringent. I am sure many readers will disagree, but the goal here should be better to get one to actually quit smoking entirely than to turn so many into mechaleli yom tov. When I was a smoker – and boy was I – I would not hear of not smoking on Yom Tov and even once paid a friend to walk all the way to Dayan Fisher zt’l –known for kulos in this area –to ask if I could smoke on Yom Tov. The shu’t Teshuvos Vehangos 1:316 quotes a general assumption with which he seems to concur that even those who allow smoking on Yom Tov speak only about those addicted, about whom cessation of smoking for a couple of days would sully their simchas Yom Tov. The Piskei Teshuvos (511: footnote #57) finds a source for this view in the Sdei Chemed. See also Shemrias Shabbos K’Hilchasah 13:7.

    Should one be lenient regarding this debate he should be highly cognizant of the innumerable shailos that arise in addition to its general Yom Tov allowance. The Piskei Teshuvos siman 511:11 lists seven different concerns should smoking be allowed on Yom Tov: is one allowed to light a cigarette from candles lit l’kavod Yom Tov?; may one smoke cigarettes with words on them? Etc. In addition to his list are even more concerns, for instance questions of carrying on Yom Tov more cigarettes than needed (Rav Moshe in two separate teshuvos allows it) and the allowance of smoking and leaving ashes in a Sukkah.

    Kashrus and Fast Days

    The old yeshiva joke went like this:

    Why don’t we make a shehechiyanu on our first cigarette?

    For an American: because its always in a bathroom.

    For an Israeli: because they are too young to make a beracha

    Behind this is a real halachik question.

    In a recent news story the following was reported:

    “University of Sydney Professor in Public Health Simon Chapman points to recent Dutch research which identified 185 different industrial uses of a pig – including the use of its haemoglobin in cigarette filters.”

    “Prof Chapman said the research offered an insight into the otherwise secretive world of cigarette manufacture, and it was likely to raise concerns for devout Muslims and Jews.”

    “I think that there would be some particularly devout groups who would find the idea that there were pig products in cigarettes to be very offensive,” Prof Chapman said today.

    “’The Jewish community certainly takes these matters extremely seriously and the Islamic community certainly do as well, as would many vegetarians.’”

     “The Dutch research found pig haemoglobin – a blood protein – was being used to make cigarette filters more effective at trapping harmful chemicals before they could enter a smoker’s lungs.”

    Prof Chapman said while tobacco companies had moved voluntarily list the contents of their products on their websites, they also noted undisclosed “processing aids … that are not significantly present in, and do not functionally affect, the finished product”.

    Would this be a halachik issue? The thrust of the question would be if smoking is like eating. The Pri Chadash warns us not to light a cigarette from a candle made from cheilev (forbidden fats) unless one lights from far atop the flame so that there is a fear of some of the cheilev substance interacting with the cigarette. Now, cheilev is only forbidden to eat, deriving pleasure in other ways from it is allowed. We see from here (see footnote in shut Yechaveh Daas 2:17 at length) that, at least according to the Pri Chadosh smoking is not a simple hanah/pleasure rather it falls under the rubric of halchik eating/drinking!

    While I doubt the measurement of blood found in cigarettes is halachikly viable, should it be shown to be significant then according to him it would indeed be problematic, although rabbinical in nature (especially since it will be cooked by the time one ‘eats’ it).

    The Shaar HaMelech (see article from this writer in the Torah journal ‘Haamek’ titled ‘Lifnei Ever’ where this Shaar HaMelech is discussed at length) (hilchos meacholos assuros, ch. 13) discusses cigarettes flavored with non-kosher wine where he is lenient for a number of reasons (although he recommends being strict). Rav Ovodia Yosef (ibid.) deduces from this that the Shaar HaMelech argues on the opinion of the Pri Chodosh and holds that smoking is simply a pleasure –although a bodily one- and does not fall under the rubric of eating. For this reason shu’t Mateh Yehudah siman 210 explains why we do not make a birchas hanehenin (blessings before one has pleasure/food) on smoking. A similar line of reasoning is given why there is no beracha achrona on smell (see Magen Avraham and Chazon Ish oh’c 25).

       In any event, should smoking in modern times be deemed assur (see below), all would agree that smoking has no beracha as we see from Shulchan Aruch 196:1 that one should not make a beracha on forbidden substances.

    For the above reason (i.e. smoking not deemed eating) many allow smoking on fast days, including Tisha B’Av (see e.g. shut Har HaKarem siman 19). The Chafetz Chaim (Mishna Berrura 556:sif katan #8) strongly disagrees and disallows smoking on any taanis, especially Trisha B’av by pain of excommunication! Others are lenient (see Yabia Omer 1:33 who allows one to be meikel in private).

    Smoking in a Shul or Beis Medresh

    The gemara teaches (Megilla 28) that we do not allow kalos rosh in shuls and batei midrashim this includes eating and drinking. In a beis medresh we can be more meikel, for even though it has a higher degree of sanctity, if someone spends most of his day there it may be allowed.

    Rav Moshe (Igros Moshe choshen mishpat 2:18) holds that if someone is bothered by cigarette smoke then it is certainly forbidden to smoke in a shul. He goes on to say that even if one’s smoking in their private home is proven to bother a neighbor then one would have to cease smoking in his home!

    Some point out, relating to smoking in a beis medresh, that even if technically allowed (so long as it does not bother another person) we should still not allow it since non-Jews are strict not to smoke in their places of worship and it would be a chillul Hashem if we did (we should point out however that we should not encourage non-Jews to enter a beis medresh accept meshum darkei shalom, especially if they have religious paraphernalia on them, see shut Har Tzvi siman 85 and Yabia Omer y’d 3:15).

    Smoking in Halacha

    Danger to Life

    So what is the halachik view of smoking in general?

    There are many sources, starting with Igros Moshe ch’m 2:76 and Tzitz Eliezer 15:39.

    Sakana/Dangerous Activity:

    The gemara (Chullin 9b-10a), after a lengthy discussion, concludes with the famous idiom, ‘Chamira Sakanta MeIsurah’, that halacha is more stringent when it comes to issues of bodily danger than it is toward issues that are purely halachik in nature.

    The gemara  (Berachos 32b, 55a, Rosh Hashana 16b, Shavous 36a) speak harshly of those who put themselves at risk, and the Shulchan Aruch rules (choshen mishpat 427:8) ‘Any obstacle which has risk to life there is a positive commandment to remove it, to guard from it and to be very fastidious regarding it’. The Chochmas Adam adds that those who see this and do not do anything to stop it or remove it are also liable. It would seem from here (see also Marcheshes 3:29) that there is both a positive mitzvah to protect life and a negative mitzvah prohibiting dangerous actions.

     The Be’er HaGoleh (ad loc.) explains that by doing so one displays a laissez faire attitude toward the life Hashem blessed one with and the mitzvos for which life is needed to perform.

    [Surprising though it may be to some, there is significant debate if this obligation is biblical or rabbinic in nature (see e.g. Levush in Ir Shoshan 426:11 and Tosphos Yom Tov, Berachos 3:4 who hold it is rabbinic; see e.g. shu’t Noda B’yehudah, kama, #10, Aruch HaShulcha c’m 427:8 for the majority view that it is biblical)]

    A frightening statement is found in the Sefer Chasidim (siman 675) where asserts that anyone who dies through their own negligent actions will have to come to din for causing his own demise!

    In order to give perspective to the issue of putting ourselves at risk (sakana) it would be worthwhile to briefly discuss sakana in cases of need, as opposed to reshus (choice) like smoking.

    The prohibition of putting our bodies in risk is so severe that Rav Moshe Feinstein (y’d 2:74, see also Dibros Moshe to Shabbos 32a) disallows one to induce labor –unless a life is at risk, the mother’s or the baby’s –due to the prohibition of putting ourselves in sakana. He explains that since Hashem gave us the commandment to procreate he clearly allows us to be the risk of giving birth, but no more than that, and one can therefore not choose when to begin that risk. In a later teshuvah (y’d 3:36) he discusses risky surgeries and rules that one would not be allowed to undertake such procedures for the sake of eliminating pain (not all agree with this psak) and further argues that if someone is very ill and will perhaps die unless a risky procedure is done, while he may be allowed to undergo it, he by no means would be obligated to.

    As to how much risk halacha allows to take in order to extend one’s life see Avodah Zara 27, shut Chasam Sofer yd 76, shut Achiezer 2:16, as well Igros Moshe and others. Some hold that so long as there is at least 50% chance of survival it would be allowed, while others would allow a patient to take on an even greater risk.

    If we find such discussion regarding inducing labor and risky-yet-beneficial procedures all the more so must we be stringent relating the risks of smoking which serves no benefit or need!

     On the one hand we have a mitzvah deoreisa: ‘ushmartem meod lanefshoseichem (Devarim 4:9,15), that we must exceedingly guard our bodies from harm, yet on the other hand not all dangers are forbidden.

    In fact there is a complicated principle based on another pasuk, ‘shomer pesaim Hashem’, that Hashem guards the simpletons (Tehillim 116:6; see Shabbos 129b, Yevamus 72a, et al). Meaning that should something be of tolerable risk, and not shunned by society, it may be allowed in spite of its risk. Because the world is filled with innumerable risk it would be difficult to know what we can and cannot do. Therfore one yardstick availed to us is the ‘ways of the wold’, which under certain conditions, may be followed (see Rav Elchanan Wasserman to Kesubos #136)

    For instance we see, as Rav Shlomo Zalman Aurbach in a letter to Dr. Abraham points out, as did the Tzitz Eliezar in a teshuva, that the Rambam lists foods that are dangerous in both hilchos deos and in hilchos rotzeach ushmeres hanefesh. While the latter list would seem to be clearly assur mamesh (forbidden in the strictest sense), the former is only severely frowned upon. Rav Moshe (ibid.) points out that there are many foods that may shorten one’s life yet are not be viewed as assur mamesh; smoking, he argues, should fall into this category. Many point to this teshuvah as a way to prove smoking is allowed.

    We will return to his perceived allowance at the end of this article.

    What then is the distinction between tolerable risk in halacha and one that is not tolerated? Rav Chaim Ozer (Achiezar 1:22) and the Aruch L’ner (Binyan Tzion 1:137) seem to have different criteria, but it is clear that a risk accepted by the masses and is common –like air or car travel (the Steipler is quoted as saying that if the Sanhedrin was around they would ban cars!) –would fall into the former, more permissive category.

    Today it is hard to argue that smoking falls under the permissive category. As Rav Shternbuch succinctly put it (shu’t Teshuvos V’Hanhgos, 1:316) we can’t choose to listen to doctors when allowing us to eat on Yom Kippur and conveniently ignore them when they are stringent regarding other things (like smoking). Rav Ephraim Greenblatt (Rivevos Ephraim, 8:586), a prime disciple of Rav Moshe, posits that the dispensation for accepted risk no longer applies to smoking as we see culture clearly rejects this vice nowadays.

    As for the argument marshaled by some that dangers that accrue over a long period of time do not fall under the rubric of ‘guard yourselves’, I would argue, as a former smoker, that the ill affects of smoking are both immediate and long term. Indeed, the mortality rate for a smoker over 45 goes up 85% compared to non-smokers! It is only a long-term problem before the cat-scan, lo Aleinu.

    Yeshiva bochurim who spend their days engrossed in Torah and seeking to avoid kol minei issur are simply seeking for a kosher escape, this we understand. We need to teach them and have them believe, however, that smoking is simply not one of them.

    An unnerving statement about smoking, considering its source, was written by Rav Dessler (Michtav Me’Eliyahu, Volume 1, page 79): “I intuit and it is intellectually certain to me, for example, that smoking cigarettes is bad for my health…nevertheless, I go ahead and (continue to) smoke. Why is this? Clearly an emotional attachment cannot be overridden by that which I know rationally.”

    Once, while still in Gateshead, Rav Dessle put up a sign on his office door stating that he had officially quit smoking. He explained that he was testing himself to see which temptation is greater: his desire to continue smoking, or his desire to be seen as a man of truth!

    Being a former smoker myself I can relate to the following words of Rav Shach: “When I used to smoke I thought I could never understand a Tosefos without a cigarette; now that I quit I do not know how I ever managed to learn with a cigarette!”

    Rav Hirsch was at one time so addicted to snuff that before retiring to bed one evening he caught himself placing his snuff box under his pillow in case he wanted a pinch in the middle of the night. Shocked at the power his habit had over him he quit that night, never to touch it again.

    Today the vast majority of major poskim –including Rav Shmuel Aurbach, Rav Elyashiv, Rav Scheinberg, the Tzitz Eleizar –have come out to declare that smoking is forbidden.

    While Rav Moshe allowed it, it must be pointed out that the concept of acceptable risk disappears should the culture be keenly aware of something’s dangers and if its risks are shown to be both present and long term (see Kesubos 39b with Rashi).

    Halacha is not magic, and one cannot blindly apply a teshuva to modern times without a deep understanding of the reasons behind it and if they still apply.

       In addition, Rav Moshe was not writing during a time when a ben Torah smoking in public is seen as a chilul Hashem. Personally, although I knew I had to quit, it was the invitation to be a scholar-in-residence in the Five Town one Shavous when I was still in Lakewood that was the catalyst. I just would not allow myself to be seen in public as both a speaker and a smoker.

    Furthermore, the issue of taking on a new addiction or a new demanding pleasure is discussed elsewhere by Rav Moshe (y’d 3:35) and he is indeed very strict.

    Yes, it is true that many tzadikim smoked (as Rav Moshe points out in his reluctance to ban smoking), but there are also many who quit once they learned of its dangers. In addition, we can’t pick and choose our maasei rav (halacha based on the lives of our sages). Should someone choose to live in every way like those great men who smoked then perhaps their argument would have more purchase.

    The negius of an addiction is so profound that it causes one to wonder if such an addict should be the one deciding if his addiction of choice is halachically acceptable (see however the amazing words of the Chazon Ish in Emunah U’Betachon 3:30 –quoted in Shaarei Aron to Devarim 16:19 – where he explains that often halacha does indeed allow one who has what to gain or lose from a psak to be the arbiter)

    The Midrash Tanchuma (Shemini 11) relates the story of a son who slowly weaned his drunken father off his dependence on alcohol. When he felt it was safe to let his father out of the house they went for a walk, and came upon an old drinking buddy of his father’s. The friend was lying in his own filth in the road, laughing to himself. Hoping that his father would now see the loss of dignity associated with drunkenness, the son pointed him out to his father. However, the father ran over to his old friend and whispered into his ear, “Where did you find such good wine?”

    Based on the above Tanchuma and Esther Rabba (5:1) the Gra interprets the verse in Mishlei (23:35), “They struck me and I did not become ill” as symbolic of an alcoholic who becomes oblivious to alcohol’s negative effects and even claims that his addiction is virtuous—a sort of Stockholm syndrome. (See Artscroll’s Esther Rabba ad loc., footnote 28 and Insights A for further elaboration.)

    [For a wonderful treatment of this topic and on addiction in general, see Rabbi Shais Taub’s article in this issue of Ami, and, Judaism and Psychology by Moshe HaLevi Spero, Ktav Publishing, Yeshiva University Press, 1980, pages 120-141]

    For those who are smokers, let me end with the following.

    I loved smoking. I thought I could never quit. One day I was walking into yeshivah and a friend told me he quit. “How did you do it?” I asked. He replied, “It was the easiest thing I have ever done”.

    I borrowed his attitude and eventually, when I was ready, quit myself. While it was not as easy as he made it, his refusal to give in to its grip, to fight it, helped me more than he could ever know.

    And I hope that it helps you.

  • “Chapter and Verse”:      Where Did The ‘Chapters’ of Tanach Come From?

    “Chapter and Verse”: Where Did The ‘Chapters’ of Tanach Come From?

    LENGTHY/DETAILED POST

    Ami Shavuos Feature, 2014

    I

    Introduction

    Many of us may recall the first time as children observing a weekly parsha that begins in the middle of a perek and wondering why this was so. Our respective rebbeim would have likely informed us that the perakim are ‘nisht fun unzerer’ –not from Jewish sources.

    We should note that the division of the parshios of the week as well is of non-Sinai origin, as many would only complete their reading of the Torah every three years or so. While our currency yearly cycle was observed by some in the days of chazal, it was only universally adopted –along with a yearly Simchas Torah –about 800 years ago. However, as opposed to the perakim, the division of weekly parshios were chosen not just by Jews but our chachamim. Cf. Ohr Zarua hilchos Shabbos siman 45, Meiri, Kiryas Sefer maamer 5 perek 1, and Tanchuma Ki Sisa 3 where views are brought suggesting that even our present-day divisions were taught from Moshe or from Ezra. For the complete history of our reading of the Torah each Shabbos and the yearly completion see “Toldos Simchas Torah’.

    Many, myself included, left it there. Sure, we continue to use the division of chapters and verse as a reference point, but that is where it ends.

    However, and as we shall see, there are blatant blunders in basic pshat – and in emunah pshuta – that one can make should one view these chapter divisions as anything accurate or m’sinai.

    While nobody disputes the strange origin of the chapter divisions found in Tanach, nevertheless some continue to see these perakim as something spiritual. They explain that once something becomes accepted and used by bnei Torah it can take on a new kedusha. (See Likutei Sichos, chelek 16 p. 229, and Oberlander quoted below)

    The Chabad chumash for instance (Gutnick, p. 1339) explains that parshas Ha’azinu begins in, and spans, the 32nd chapter of Devarim. This represents, they explain in quoting the last rebbe of Chabad, the ‘lev/‘heart’ (32=lev). Furthermore, the Torah itself , they continue, begins and ends with ‘lev/32’: the beis of ‘Berieshis ‘and the lamed of the last word of the Torah, ‘Yisroel’.

    Even in standard editions of chumash we find at the end of sefer Bereishis a listing of the number of verses in that sefer and their significance…as well as the number of perakim (50) and their significance! (On this last source, see Ayin HaSofer, ad loc)

    Stranger still is when it comes to sefer Tehillim. Our editions have 150 chapters, the gemara (see Yerushalmi, Shabbos, Kol Kisvei, Tosphos to Pesachim 117a, and Meseches Sofereim,) had 147 – corresponding to the years of Yaakov – and the Meiri (peirush on Tehillim) even had 151!

    In this monograph, and in honor of Shavous, we will delve into this complex and intriguing history and how it effects halacha and hashkafa. We will explain the divisions that came from Sinai and how over time they have become seemingly eclipsed in common usage by the ‘Chapter and Verse’ system found in all chumashim. While we simply do not have room to get deep into everything, the goal here is to give a basic primer.

    II

    Twenty-Four Sifrei Tanach

    Our mesorah is infused with the idea that there are but twenty-four sefarim comprising all Tanach, Torah, Neviim, Kesuvim.

    • The gemara (Bava Basra 14-15) lists the books of neviim and kesuvim, as well who composed each. All one has to do then is to add the chamisha chumshei Torah and we have a total of 24 sifrei Tanach.
    • The gemara (Taanis 8a) explicitly gives us this number: “Rav Adda bar Ahava reviewed his studies twenty-four times corresponding to Torah neviim and kesuvim…”
    • The numbers 12 and 24 (double 12) repeat over and over again, from the 12 months, to the 12 shevatim, the 12 hours in day or night, to 24 hours in a full day cycle, and the 24,000 who died by baal peour, and that same number in the days of Rebbe Akiva. Based on the this, the Midrash (Bamidbar Rabba 14:18), in a long discussion of the numbers relating to the nissi’ims’s gifts to the mishkan quotes that pasuk (Bamidbar 7:88) “and all the cattle for shelamim equaled 24 oxen”… and adds, “corresponding to the 24 books [of Tanach]”.
    • In Koheles Rabba, the midrash, in commenting on the pasuk (Koheles 12:12) “More than these, my child, beware…”, teaches us that Shlomo was referring to learning as sacred anything beyond “the 24 books [of Tanach]” (cf. Targum ad loc) (see also Tanchuma Vayelech 3, Shmos Rabba 41:5,. Cf. Targum to Koheles 12:12)

    The above information is critical for our discussion because it is not just the perakim that is ‘nisht fun unzerer’, but some of the divisions we find in modern sifrei Tanach as well.

    I was in 7th grade when I first visited eretz yisroel. I remember very little of the trip –or of the many tours our family took. I do, however, remember a joke one of the tour-guides made. As we were driving up a hill he said, “If you look out your window to your right will see the kever of Shmuel aleph, and to your left that of Shmuel beis.”

    As a 7th grader I though this was the funniest thing I have ever heard. However, as I got older I realized how deep this silly joke is. This is due to the fact that not only is there but one Shmuel hanavi in both books (of course!), but there is really no such thing as two books of Shmuel!

    The pasuk (II Divrei Hayamim 29:29) and the gemara (Bava Basra 14b) tell us the Shmuel wrote the sefer (singular) that bears his name.

    In fact, the pasuk referenced above from Divrei Hayaim was from ‘II’ Divrei Hayamim, yet Divrei HaYamim too was initially only one sefer!

    The same goes for Melachim –now, oddly, in two parts.
    Indeed, based on our current counting of books we have far more than twenty-four sifrei Tanach!

    Strangest of all is the ‘books’ of Ezra and Nechemia. Not only is sefer Nechemia not mentioned in the listing found in Bava Basra, but in another gemara (Sukka 37a) a pasuk in Nechemia is mentioned as being from sefer Ezra (Nechamia 8:15)!!

    This is because there is no Sefer Nechemia, rather it is to be the second half of Sefer Ezra! (See Yad Yosef to Ein Yaakov, Sanhedrin 93b)

    In fact, a member of my shul (R’ Fruchter) kindly checked on his Bar Ilan search tool how many times Rashi references a pasuk in Nechemia by referencing it as if it was from Ezra. He left a list on my desk of more than ten occurrences, explaining that there were still many, many more he left off!

    (I saw a bold claim in the Artscroll Ezra [p. 59] where they suggest –to answer an unrelated question – that Rashi already saw Ezra and Nechemia as two separate books. Their proof is from a Rashi to Sanhedrin 93b. It seems to me, however, that this assertion may be based on a faulty reading of this Rashi, not to mention the countless other times Rashi implies the opposite of their conclusion.).

    So how did it come to be that today we divide the one long sefer Ezra into two books, Ezra and Nechemia?

    Further complicating matters is another gemara (Sanhadrin 93b). The gemara outright asks why Nechemia, who said much of the book of ‘Ezra’ (the original version) was not zoche to have the book named after him. The gemara explains that this is a punishment for the fact that Nechemia took too much credit for all that he accomplished.

    What comes out of this is not just a problem of splitting Ezra into two books (a problem we have with Shmuel, Melachaim, and Divrei HaYamim as well) but of splitting Ezra and then naming the second book ‘Nechemia’ when the gemara explicitly tells us not to name a book after him!!

    To this last question, Rav Reuvien Margilios (Margolios Hayam) quotes the Chida as explaining that chazal did not mean that Nechemia’s punishment was to be indefinite, as certainly, at a certain point in history, he would become absolved. This is why Hashem, later, allowed the division of ‘Ezra’ into two books and for the latter to indeed be called ‘Nechemia’.

    Interestingly, although Christians have also divided trei asar into separate books (making a total of 39 book to Tanach!), this has not entered most editions of Tanach.

    I say ‘interestingly’ because this fact carries a hint of irony, for this is one instance where new divisions would make the most sense. The gemara informs us that the twelve sefarim that make up trei asar are/were indeed separate books, and rather because of the small size of each of these sefarim (Hoshea, Yoel, Amos, Ovadia, Yona, etc.) there was a fear that if we would leave them as individual sefarim that they may become lost (Bava Basra 13b, 14b, with Marahsha who posits that this is the case with all twelve books and not just Hoshea).

    III

    How Did It Happen? Part 1

    Parsha vs. Parsha

    Both the additions of chapters as well as the separation of certain books entered into klal yisroel at about the same time.

    To understand how this happened, and when, we must start at the beginning.

    A sefer Torah is divided by ‘parshios’ (not to be confused with what we colloquially call the weekly parsha). These are breaks inside the Torah scroll that represent a new subject, event, or simply the pause that Moshe was given when he was being taught by Hashem (see Rashi to Vayikra 1:1 with Toras Kohanim).

    Even Nach (Neviim and Kesuvim) has such breaks (although, sometimes, what/where those are up for vociferous debate).

    There are two types of these breaks:

    • Pesuchos (represented in most standard printed chumashim as a letter pei)
    • Setumos (represented in most standard printed chumashim by the letter samech).

    Between these parshios, the Torah will leave a space. This space will consist of an area the size of nine letters.

    So that a ‘stumah’ refers to when a break between the end of one parsha and the start of a new one happens on the same line, but with a nine- letter space in between them, while a pesucha reffers to the end of a parsha on one line with the new parsha starting on the next (also having a break of nine letters).

    Any sefer Torah that is missing even one of these breaks is deemed pasul.

    In any event, historically, in order to reference a pasuk, a person would have to be proficient in these pesuchos and setumos.

    All of this began to change at two distinct points in Jewish history. In this section we will discuss the first step.

    Debate and Concordance

    (For a thorough review of the details of this forthcoming discussion see yarchon Sinai, 42, article by Rav Shmuel Weingarten; Sicha L’Sefer Hoshea, Rav Yehudah Eisenberg; Minhag Avoseinu B’Yadeinu, Rav Gedelia Oberlander, and Rav Finfer’s sefer mentioned below, et al.)

    It all began in the early 13th century. Although the church started to divide Tanach in this fashion for about one hundred years prior –likely begun by either Bishop S. Langton of England or Hugh of Saint-Cher of the Dominican Order –it would still take some time for it to catch on, as this was well before the printing press.

    By the late 1200’s the first translated concordance was composed, and utilized by many Jews.

    A concordance is a listing of all the words –and where to find them –in all of Tanach.

    (I remember the first time I saw an English concordance thinking that they borrowed the word ‘concordatzia’ from the Yiddish! But in fact it is the other way around; for whatever reason the Christians were the first to put such a book together)

    Already by 1330 we find our own chachamim utilizing this system, with Rav Shlomo ben Yishmoel wrote in his side-notes:

    “These are the chapters of the nations –which they call ‘kapittalash’ -, each of the 24 books in their language and copied from them so that one may be able to answer their questions quickly, those [questions] which they ask [us] each and every day on matters that relate to our faith and our holy Torah…”

    In addition these reasons, many of our greatest leaders had to publicly debate priests and other Christian leaders. The only viable way to prepare for these events was to first become familiar with their new system of division so that they don’t look the part of the ‘fool’ when sources are thrown out.

    Whatever the reason for these concordances finding their way into our midst, once there, it was hard not to take advantage of their easy chapter divisions.

    Then, in 1448, the first Hebrew concordance was written by Rav Yitzchak Nasson Kalonymos.

    In fact, one may be surprised to learn that that the word ‘kappitel’ is not Yiddish nor ‘Yeshivish’, rather it is derived from the Latin word for chapters, ‘kapittalash’. Rav Shimon Krasner quotes Rav Yaakov Kamenetzky as explaining that in order to show that these chapters were not from Sinai or chazal we purposefully choose to use the non-Jewish term as a constant reminder of this fact! (Nachalas Shimon, Shmuel, chelek 1, as quoted in Oberlander p. 374).

    The dates above may explain why the Meiri, who died sometime after 1300, had a different division of Tehillim than did chazal, as mentioned in Part II above.

    (See, however, shu’t Teshuva M’Ahava siman 112 and the response of the Noda B’Yehudah where it would seem that Tosphos also had more than 147 chapters of Tehillim, as did, perhaps, chazal; see Obalander, p. 383ff for a thorough discussion of the division of Tehillim)

    Note that all of the above took place before mass-publication was even possible, so that even if many Jewish scholars utilized this new system it had yet to totally enter our nomenclature.

    That would not happen until the early 1500’s.

    Yet, before we explain how that came to be, we must draw our attention to another issue: nefarious motives or blatant errors in their new divisions.

    IV

    Manipulating The Divine

    Even before the rise of Christianity, many gentiles wished to separate themselves from the Jewish system, such as beginning their week on Mondays and ending on Sundays. For Christians too, it was anathema to follow the Jewish Sabbath, and in order to continue their Monday-Sunday week they toyed with the chapter divisions.

    How?

    Well, open up a Torah to parshas Bereishis. The Torah begins with a description of each day of creation, culminating with Shabbos.

    The next section begins (see first mishna to the 4th perek of Taanis), “Eilah toldos shomayim v’aretz” along with the story of gan eden and Adam.

    Yet, like magic, the Christians placed a new chapter (chapter 2) not before this verse, rather before Shabbos, after the sixth day, making it as if the concepts of Shabbos and Creation are less symbiotic!

    Chapters two and three of sefer Bereishis are not much better.

    In the Torah these are to be one ‘parsha’ (a setuma). Yet the Christians did something peculiar. Smack in the middle, after we are told that Adam and Chava were unclothed and not ashamed, they start a new chapter (chapter 3)! Chapter 3 then begins with the nachash (snake). Isn’t this part of the verses, story, and ‘chapter’ before?!

    Why would they do such a thing?

    The answer reflects the very nature of Catholicism and their principles, ‘Original Sin’ (hameivin yavin).

    There are other, even more painful, examples. The worst of which come from sefer Yeshayahu and Hoshea that relate directly to their beliefs regarding bnei yisroel and inyanei d’moshicha.

    For example, after Hoshea uses very harsh language to reprimand the nation (see Pesachim 87 and Ibn Ezra from Hoshea chapter 2 onward), the phophet concludes by issuing an entreaty for us to return:

    “Israel, return to Hashem your Gd, for you have stumbled in your iniquity…”

    This is a clear break from the prior tone. This embracing and sweet tenor continues until the end of the sefer.

    Yet Christians make this opening verse the second verse of chapter 14! They begin this chapter with Hoshea’s last, harsher tone, “Samaria will be laid to waste...”, so as to support their wild claim that Israel as we know it was already declared lost, R’l.

    In addition, some of their divisions were based on utter foolishness (see, eg., the opening to parshios Bechukosei, Mattos, etc.).

    V.How Did It Happen? Part 2

    Guttenburg & Bomberg

    Up to this point (1300-1500), while many Jewish scholars took advantage of the Christian concordance, it had yet to hit the mainstream.

    Then came the printing press.

    Between the years of 1511-1517 Gershom Soncino published a version of Tanach that followed the Torah divisions only.

    In addition, he –being a Jew –kept Shmuel, Melachim, Divrei HaYamim, Ezra, all as one book each.

    But then came along a gentile publisher, Daniel Bomberg, perhaps the most important and influential person in the history of Jewish publishing (ironically).

    Even the gemara that we use today is based on his versions.

    It was he who created the gold standard of chumash printing:

    The Mikroas Gedolos Chumash of 1517, and, more prominently, of 1525.

    The 1517 edition was riddled with errors, and had on as an editor a priest who was a born Jew. While the 1525 was much improved,it was still far from perfect.

    Regardless, imagine what a breakthrough this was!

    All of a sudden Rashi, Ibn Ezra, Ramban, Targum, etc. were available to all!

    Up until the printing press few owned such holy writings, and if they did they kept them chained to a wall so as not to be stolen, as these were all hand written.

    Although well meaning, Daniel Bomberg was also a Christian, and used the Christian chapters as well as their divisions of certain books within Nach in his publication of Mikoras Gedolos.

    In fact, Rav Yaakov ben Chaim, whose manuscripts were used for tis publication, asks forgiveness in his introduction for utilizing the chapter divisions. Yet he goes on to explain that these divisions will make it easier to reference pesukim, etc. (cf. Rav Yitzchak Hutner’s letter regarding Otzar Meforshei HaTalmud).

    The proverbial cat was now out of the bag. Due to the popularity of this work these chapters soon entered our lexicon and learning.

    The popularity of the Mikroas Gedolos was fueled by other matters as well. Until that point in time there was much debate as to the proper nikud and spelling of certain words throughout Tanach. Bomberg worked with a team of skilled rabbanim and medakdim to arrive at a more perfect text of Tanach.

    While this search for the most accurate text would go on in earnest until the 1620s – with the publications of Ohr Torah and Minchas Shei – for about one hundred years, Bomberg’s was the Tanach, the one with the most precise and accurate text.

    Immediately after Bomberg’s Mikroas Gedolos came out new sefarim on dikduk, as well new Jewish concordances and new commentaries, would be published –all following these new divisions.

    So ingrained were these chapters that by the late 1700′, when the Vilna Gaon desired to write Nach on klaf, many were at a loss as to where the proper setumos and pesuchos should be placed. Some would even claim that the idea of steumos and pesuchos in (certain parts of) Tanach were an invention of the Vilna Gaon! On March 11 1783, the Vilna Gaon’s Nach was completed, with pesuchos and setumos where he felt the mesorah demanded. Alas, the full story of the Gaon’s Nach will have to wait for another post, iy”H.

    In 1903 Rav Pesach Finfer the rav of Vilna published a sefer titled Mesoras HaTorah V’Haneviim where he bemoans the fact that we have come to accept the Christian chapter divisions. The Aderes, in his haskama, is equally perturbed.

    The Pardes Yosef (Shimini) states, rather matter of factly, that the chapters are not from Jews and that simply by chance do we utilize them.

    Bear in mind that, aside for the obvious concerns, by adopting the Christian standard we have ceased to be aware/knowledgable of our own divisions (setumos and pesuchos). This leads to horrible mistakes, for example when someone suggests an “ein mukdum u’meuchar b’Torah” incorrectly (as this principal can never be true within a parsha itself)

    To their great credit, some editions of the Koren chumash goes so far as to ignore the Christian divisions all together.

    We have certainly reached a point in our history, and our level of learning, that the aid that these chapters provide is priceless. In addition, as Jews in a world of communication, knowing how others divide our holy Torah has much value.

    However we mustn’t forget that these divisions do not represent Torah M’Siani.

    This is not to dispute some who give these chapters a spiritual power –as explained in Part I –rather, even if that is true, we must be aware of its limits, and disingenuous errors.

    While much wisdom went into these chapters, they also demonstrate, in certain places, bad reading and, worse, nefarious motives. In addition, the Twenty-Four books of Tanach must not be forgotten.

    The fact that some readers learned here for the first time that sefer Nechemia does not even trully exist on its own in our mesorah demonstrates Rav Finfer’s fears.

    However, the silence from many, if not most, of our leaders throughout the generations supports our continued usage of these divisions…so long as we know the truth.

    Puk CHazi Mah D’Ama Devar

  • ‘Shirah. Chadasha?’                Baby Naming in Halacha & Hashkafa

    ‘Shirah. Chadasha?’ Baby Naming in Halacha & Hashkafa

    LENGTHIER POST

    Summer 2013//Written for Ami Magazine

    I. Our Names Define Us

    Once upon a time there was a man named Winner, and his little brother Loser.

    This is not an opening to a joke, or a parable. Once upon a time there really was a man named Winner and his brother, Loser.

    In a famous paper from a joint study between the University of Buffalo and the Military Academy at West Point (Implicit Egotism, Journal ‘Attitudes of Social Cognition’) the notion of our names having an impact on our life choices was seriously observed and analyzed. For example, men and women whose first names contain the letters ‘DE’ or ‘DEN’ were far more likely to become dentists!

    To demonstrate the fallibility of this theory, economist Steven Levitt from the University of Chicago, in his now iconic ‘Freakonomiks’ (p. 163), examined the story of one Robert Lane. In the late 1950’s, for reasons not entirely clear, Mr. Lane thought to perform a cruel experiment: he named his sixth son Winner, and his seventh Loser.

    The consequence of their names may seem curious to some. ‘Loser’ went on to live a winning life. He is now a family man and serves honorably in the NYPD. ‘Winner’ on the other hand became a reprobate and has been arrested, so far, over thirty times.

    While academics are just now seriously investigating these topics, the idea within yiddeshkeit of names and their power is well known, and applies both to Jews and non-Jews alike.[1] Indeed, it even applies to creatures other than Man. Immediately following creation, the Ribona Shel Olam directed Adam to name all the animals. “And Adam assigned names…” (2:19,20) is not referring to an arbitrary communical tool, rather to a perfect depiction of each animal’s quintessence, their mahus (see Radak, Rabeinu Bachayay, Bamidbar Rabbah 19:3 and Koheles Rabba 7:32).

    Due to the significance of names, rabbanim are approached with any number of interesting, intriguing and odd questions relating to this topic, shalom bayis sometimes is threatened, and family members go without speaking to each other.

    • Who has the right to name a child, the mother or the father?
    • May one fill out the baby’s birth certificate application before the baby is officially named?
    • May One name after a person who died young or tragically?
    • May one name a daughter Shira, or other ‘new’ names?

    These questions and more will be discussed in the next few chapters.

    People often quote chazal as teaching that all (Jewish) parents are gifted with a quasi ruach kakodesh when naming their children. While, to my knowledge, chazal never say this directly (I await a reader who has access to Bar Ilan or Otzar HaChochmah to prove otherwise), it is however implicit in many, many statements (see also Shaar HaGilgulim, hakdama; see however Bereishis Rabba 37:7 where one can infer that today we do not have special assistance when naming our children).

    As the gemara (Berachos 7b) explains, due to a name’s significance and its role in influencing the life of its holder Hashem must, in some way, guide its creation:

    “From where do we know that a (person’s) name is the harbinger (of things to come/their personality)? Said Rabbi Elezar, for the verse says (Tehillim 46:9), ‘Go out and witness the works of Hashem, Who has wrought destructions (‘…shum shamos…’) in the land’. Do not read it as ‘shamos’ (destructions), rather as ‘shaimos’” (names)”

    Meaning, Hashem Himself plans the names for each person (see HaKoseiv who proves from here that a parent indeed does have ruach hakodosh when naming a child).

    Based on what we have seen so far, which of the above two studies is correct according to our mesorah? The ‘DEN’ study that demonstrated correlation between names and action, or the Winner/Loser story that, perhaps, revealed that it does not? (Of course, these studies were focused on behavioral science, i.e. names subconsciously causing us to act in certain ways, while chazal are dealing with influence on a much deeper level)

    It would seem clear that yiddeshkeit would support the first study, the one that proved that names are a portent. But it is not so simple.

    The gemara (Yoma 83) brings two views: Rabbi Meir would investigate people’s names so as to ascertain what type of people they were; Rabbi Yehudah and R’ Yosi did not. This gemara has always troubled me. Based on the gemara in Berachos that Hashem directs the names of each person, why wouldn’t the latter investigate names? It would seem that Rabbi Meir was obviously correct!

    The truth is, like all grand and deep concepts, Rabbi Yehudah and R’Yosi had reason not to rely on the information provided by someone’s name alone.

    The medrash (Bamidbar Rabba 16:10) teaches us that at not all people with a ‘disgusting’ name are disgusting, nor do all people with pleasant names act pleasantly. Based on this, explains the Tosphos Yom HaKipurim, Rabbi Meir was simply relying on the rules of majority, whereas the rabbis, it would seem, were taking into account the possibility that the names of these particular people would not be a proof to anything. As the Zohar (Bereishis 59b) explains, the ‘good’ in a name, or the ‘bad’, is our choice to follow or to ignore. Maharal (Ohr Chodosh) further explains that for this reason we find that by a rasha the Torah will say a name first (e.g. “and Naval was his name”), for reshaim took control of their name and ignored their true calling; whereas by a tzadik the Torah will say his name last (e.g. “…and his name was Mordechai”), for they allowed their destiny to take hold (on this last point, see Artscroll’s Divrei HaYami vol.1, p. xxxvi).

    Whatever the degree, names do matter. It is for this reason, explains Rav Gedalia Shor, that we wait until a boy’s bris to give him his name, as opposed to a girl who typically receives her name before she is eight days old. Since until the bris the boy is somewhat incomplete, his mahus/purpose is also unclear. Once the bris is performed he is then ready, as is Hashem, for his name.[2]

    Furthermore, the Noam Elimelech (Shmos) teaches that the name given to a child will become the very name for the neshama!

    This is why we call someone by their name to wake them up – not to get their attention but to call the neshama by its name so that it comes back down to earth!

    Based on the power and mystery behind our names it becomes understood why Yaakov and the angel ended their struggle with an exchange of their names, why Hashem would seek a name change when bestowing a new beracha on someone, and why the halacha is to change a name when someone is seriously ill R’l (Rama 355:10). It explains why Moshe, Shlomo Hamelech and a host of others were given names beyond the ones conferred upon them at birth (see Shmos Rabbah 40:4, Sota 34, et al.), as names are always used as the best descriptive of either who we are or who we became, or who we should become.

    Names are what connects human beings to each other, how we call those that are dear to us. Never should they be the cause of machlokos.

    On this last point, let us explore some the halachos surrounding the issue of names and baby naming.

    II. Naming After One Who Died Young or Tragically R’l

    Rav Yitzchak of Vienna had a dream.

    Rav Yitzchak, the author of the 13th century classic ‘Ohr Zarua’, was also a great mystic. A student of Rav Yehudah HaChasid, he was a member of the mysterious (and first) Chasidic movement. He was also a great halachist, having been one of the prime teachers of none other than Rav Meir M’Ruttenberg, himself one of the greatest poskim who ever lived.

    According to the Seder HaDoros (p. 309, Warsaw ed. [1878]), Rav Yitzchak went to bed one evening vexed by a question, “How should the name Akiva be spelled”?

    This was not simply a matter of curiosity, but one of law; knowing the proper spelling of a name is critical as it relates to the laws of gitten. The root of his doubt stemmed from fact that the gemara always refers to Rebbe Akiva with an ‘aleph’ at the end, whereas most people spell it with a ‘hei’. In his dream the following famous verse (Tehillim 97:11) entered his mind: “Ohr Zarua L’Tzadik U’lyishrei Lev Simcha”. The last letters of each word combine to spell Akiva with a ‘hei’ (perhaps he was so taken by this dream that he also used this verse to name his magnum opus, the ‘Ohr Zarua’).

    Perhaps in another space we can delve into the issue of dreams,[3] but for now we shall ponder something else: why is Rebbe Akiva’s name spelled one way in the gemara and one way after its closing?

    Some five hundred years after the Ohr Zarua’s dream the Chasam Sofer (shu’t Evh’e 2:28, s.v. “v’ulei’) quotes ‘achronim’ who explain the shift in this spelling as being due to raya mazlei (dangerous mazel/destiny). Even though Rebbe Akiva lived a noble life and was willing to die for yiddeshkeit, due to his tragic end we would need to make a change in the name before applying it to our children.[4], [5]

    How does the above relate to the more common question of desiring to name a child after a loved who, l’a, died young?

    Sadly, this question became very real for me. My first child, a daughter, was born on the third day of shiva for my mother. While a rabbi can coolly discuss an issue from an academic standpoint, having had the experience myself I understand the dilemma. On the one hand one desires to protect their child from any physical or metaphysical harm, and on the other hand one pines, yearns, for a proper zikaron for the beloved nifter(ess).

    Rav Moshe Feinstein (Igros Moshe y’d 2:122) was asked directly if naming a child after someone who died young is a real problem. He answers that we should have ‘ktzas kpeida’,[6] a little reservation about choosing such a name.

    Rav Moshe brings from Rav Shlomo Luria [d.1573] (Yam Shel Shlomo, Gittin 4:31) who felt very strongly that one should avoid such names, and who writes that even the name Yishayahu (Isaiah) has been changed to Yeshayah due to his tragic end (at the hands of his grandson Menasheh, see Yevamus 49b).[7]

    While Rav Moshe argues that this matter is a debate,[8] and one can often be lenient (one must speak to a rav to understand when a leniency here is warranted),[9] he does say that in certain cases all would agree that such names should be avoided.

    • If one’s spouse is concerned. In such a case, even if a rav says that one need not worry, one should yield to the spouse
    • Someone who died (young) without children[10]
    • Even according to the more stringent viewpoint that one must always avoid names of those who died young, this is only true if the person died before the age of 52. That would be the cut-off simply because we see clearly that the minhag has always been to name children Shlomo and Shmuel, both of whom in died at the age of 52.

    Rav Yaakov Kamenetzky is quoted by Rabbi Paysach Krohn as putting the cut-off age at 60 (Bris Mila, p. 45).[11]

    As we pointed out from Rav Moshe, not all agree that there is any concern at all. Rav Yosef Eliyahu Henken the leading posek in America until his death in 1973 at the age 92 was asked by Rabbi Noach Gutman if he could name a child after his father in-law who had died young. Rav Henken replied that he himself (Rav Henken) was named after an uncle who died at the age of 30. “Halevay all of klal yisroel should live as long as me!”[12]

    We should note that naming after those who died young would differ from naming after someone who died tragically. After all, Rabbi Akiva was in his 80’s when he died and, as seen, we are still careful to change the spelling of his name when naming after him because of raya d’mazlei.

    Nevertheless, some poskim allow one to name a child after someone who died al Kiddush Hashem (e.g. the Holocaust).[13]

    Based on all of the above, what should one do when naming after a loved one who died young or tragically? Should they change the spelling? Add a name?

    III. Of Gender & the New

    Let us continue our discussion of names the issue of names in halacha and Jewish thought with a bang; a quick case that will explode into a fountain of fascinating fragmental questions relating to our subject.

    Imagine a new family moves to your neighborhood. They have two children, a boy and a girl. “This is my bechor” the father says, “his name is Yona, as he was born on Yom Kippur when we read Sefer Yona”. “How nice” you sincerely respond.

    A few minutes pass and his two-year-old daughter wanders into the room.

    “Oh, and this is my daughter, Yona, named after the bird.”

    For this story, the name ‘Beracha’ also works, as it is found in Tanach (Divrei Hayamim) as a male name, and in modern usage (and Sheimos HaGittin) as a female name.

    Before the eye rolling at the far-fetched nature of the case (although, in halacha we are expected to use the most extreme case so as to better distill the law to its core systematic essence), consider the following:

    What if one has a daughter named Beracha and a son named Baruch, would that be a problem?

    This is in fact a very realistic case, for if a beloved great grandfather was named, say, Boruch, and after he passes away and the next child born into the family is a girl, so they name her Beracha, a feminization of Baruch. Some time later they have a boy and want to name him Baruch, would this be a problem? This case works for Chaim/Chaya, Dan/Dina, Yehudah/Yehudis etc.

    Another example would be the name Esther. Should one have a girl with that name and then, some years later, another girl is born on Purim it would be natural for the parents to desire a ‘Purim’ name. Being that Esther is taken by another one of their daughters already, would they be able to name the second daughter Hadassa, which was Esther’s other name? [14]

    Some achronim point out that Yaakov avinu did just that; he names one son Dan and a daughter Dina! Rav Chaim Kinievsky[15] allows the case of the Hadassa/Esther daughters as well, while he does not recommend the Yona/Yona case.

    In addition, the amara Rav Chisda had to sons with the same name, ‘Mar’ (nicknames were assigned to each to distinguish them, see Kesubos 89b).[16] [17]

    Let us now consider the following cases:

    • may one give two children the same name, say Moshe for two different sons[18]
    • if not, what if each name, although the same, is after two different people (the zaide Moshe, and Moshe Rabbeinu)[19]
    • may one give a boy a girls name, and vice versa[20]
    • may one name a boy Yona after a female relative named Yona, even though the connation and meaning will be changed. This question would apply as well to the name ‘Simcha’ where sefardim use this name for a girl and Ashkenazim use it for a boy[21]

    Relating specifically to the issue of feminizing a name, the Tzitz Eliezar mentions a case where a family named a girl after someone named ‘Eliezar’ by calling her…’Eliezarah’!

    While the minhag is to masculinize or feminize names[22], some are strict[23].

    Finally, and perhaps the question rabbis have been asked most frequently of late would be born from the fact that ‘Yona’ for a girl is a fairly recent usage. Rav Chaim Kinievsky has been quoted often as stating that ‘new names’ should not be utilized, and if one has such a name they should change it or add a name.

    In fact, the discussion about names in these pages had their genesis when my wife asked me if Rav Chaim is really saying this and why.

    IV. ‘New’ Names

    The reports have begun to spread, and many rabbanim have been inundated with requests for clarification.

    The stories all go something like this:

    A man comes to Rav Chaim Kinievsky asking for a beracha for a daughter named Shira, or Aviva – or a son named Oren, or Ari[24] – and Rav Chaim advises that he change her/his name first, as such ‘new’ names should not be used.

    My wife was the first to bring this to my attention, wanting to know if these stories were true and, if they have verified provenance, must we abide by his psak.

    The following is one story that I not only have heard but also found in a sefer.[25] A man once came to see Rav Chaim Kinievsky asking if he could name his daughter Shira. Rav Chaim replied in the negative. The father persisted, “But she was born on shabbos shira (parshas b’shalach)!”

    Rav Chaim humorously responded, “And what would you name her if she was born parshas parah?!”

    [We should point out that there once was a Talmudic sage named for a cow: Rabbi Yochanan ben Purta (cow). In fact, this name was to represent something positive about him![26]]

    Before we continue, a word to those readers with such ‘new’ names who may, or who already have, become distressed from this ruling of Rav Chaim: Rav Menashe Klein[27], Rav Zalman Nechemia Goldberg and, most prominently, Rav Elyashiv (Rav Chaim Kinievsky’s own father-in-law) all say that there is no issue in giving ‘new’ names.[28]

    In addition, there is any number of opinions regarding names. For instance, my name is Moshe[29] and there is an opinion –as implausible as it may sound – not to use even that name![30] Another example is the view of the Mabit (d. 1585) who argued[31] that we mustn’t give any names that are found in the Torah before Avraham.[32] This would mean that we could not use the name Noach!

    Ironically, it is Rav Chaim Kinievsky who shows that we do not follow this view. In his peirush al haTorah (Taamei D’kra, p. 16 in the 5th edition) he offers 33 examples in Tanach and the entire corpus of Talmud and poskim where this clearly was not followed, and names such as Noach, Adam, Chanoch were used.

    So, while no one should grow worried, nevertheless all final psakim must come from one’s own personal rav.

    With this is mind, let us return to ‘new’ names.

    If we would distill everything to its core, we have four questions:

    • what is Rav Chaim’s source
    • must we follow this ruling
    • what is considered a ‘new’ name
    • how would one go about changing a name (this last question is also a call-back to past chapters on the subject of Names)

    These are not simple questions. Consider the problem of defining what a ‘new’ name is. For example there are many relatively recent Yiddish names, translations from the Hebrew (e.g. Dov/Ber, Aliza/Freida[33]). Are these ‘new’? What about secular names that have crept into our nomenclature, such as Zalman (Solomon), Bayla[34], and Maimon[35]. The Gemara –as Rav Moshe Feinstien points out –is chock-full of ‘new’ names.

    Even names like Shneur may be a relatively recent invention. Rav Shlomo Luria[36] (d. 1573) famously recalls how his grandfather’s father’s name was Meir while his wife’s father’s name was Uri. When he had a boy a debate arose as to which one of the newborn’s grandfathers to name after.[37] Rav Luria continues by telling us that his grandfather came up with a pshara: he named the boy Shneur, which means ‘Two Lights” (as both Meir and Uri allude to light)!

    So, would Shneur be considered a ‘new’ name”?

    In fact, it has recently been discovered that in a 17th century Spanish-Portuguese siddur, that the complier, Binyamin Shneur Godinitz, translates his name therein as Benjamin Senior Godinitz! So that, perhaps, this name too had a secular origin, or, that non Jews got the title ‘Senior’ from our name Shneur! This last possibility is supported by the fact that, contra Rav Luria, Rabbeinu Yona –who died about 310 years before Rav Luria –quotes a rebbe of his named Rabbeinu Shmuel bar Shneur (in his brief Sefer HaYirah).[38]

    One more interesting example:

    Several years ago I was speaking during shalosh seudos when I mentioned Basya bas Paroah.

    Someone corrected me, asserting that her name was Bisya, not Basya.

    Indeed, in Divrei Hayamim (1:1:4) she is called Bisya. However Rav Chaim Kinievsky[39] himself explains that at some point in Jewish history we likely changed the name so that it represents the more positive idea that we are children of Hashem (Bas=daughter Kuh =of Hashem).

    As we can see from the above, knowing the source of Rav Chaim’s stringency regarding ‘new’ names will help us answer the other questions.

    Recently a reader called me to share his story. He had named his daughter Shira and Rav Chaim said they should simply remove the yud and call her Sarah![40]

    While many believe that Rav Chaim is the first to have this hakpada (and that, indeed, ‘new’ names only became a problem of late –see further), this may not be accurate.

    Rav Avraham Eliyahu Makatovsky (d. 1976) seems to have mentioned this concern over fifty years ago!

    Now, many readers may think they have never heard of Rav Makatovsky, but most have –under his penname ‘Eliyahu Ki Tov’.

    His most famous book was the Sefer HaToda’a, translated into English by Rav Nachman Bulman under the title ‘The Book of Our Heritage” and found in so many Jewish homes.

    An earlier sefer of his was titled ‘Ish U’Beisu’, also a classic, it reviews the essentials of a Jewish home; chinuch, kashrush, tznius, shalom beis.  On page 301 (ch. 23) of this book he describes the procedure for naming children. He writes, “One must make sure to give a name that is clear/precise (‘barrur’), from the names found in Tanach (‘mikra’)”.

    It is surprising that this very popular book would write such a thing and yet few have heard of such a hakpada. This mystery was solved the other day when I discovered my shul’s copy of the English translation of this work (also by Rav Bulman) where this sentence seems to have been left out –likely because it is both without a source and would cause much confusion.[41]

    It may also be true that his concern was not a hakpada of ‘new’ names per se, rather, because this book was initially written for people uneducated in Judaism or new to our faith the author wanted, simply, to make sure that they should not run in to any problems with baby namings. So, without getting into all the various and complicated rules, he gave them one easy directive to follow that would help bypass most problems.

    As for Rav Chaim Kinievsky, he makes his source clear. The Midrash (Bereishis Rabbah 37:7) says in the name of Rebbe Shimon Ben Gamliel how the earlier generations, either through ruach hakodesh or specific wisdoms, would choose unique names for their children; but as for us, who do not have ruach hakodesh[42], we should simply name after our forefathers.

    Some bring support to this idea from a verse in Shir HasShirim (1:8, translation based on Rashi): “If you do not know where to graze (your young goats) then follow the footsteps of the sheep (that came before you), then you will graze your young goats even among foreign sheperds”.

    The word for young goat is ‘gedi’ which in English means ‘kid’, which can also mean, in English, ‘a child’. What one may not realize is that in lashon kodesh as well, the term ‘gedi’ is used to mean both a young goat and children.[43]

    What comes out from the above is that, although historically we have made up our own names, we see (from the Midrash) that a certain point we must realize we are no longer capable of this and must therefore rely on the names of the ancients. In addition, due to the many dangers of the present galus –of having to raise children among a culture that can be, at times, pernicious and pugnacious, it is high time to follow the footsteps (i.e. names) of our forefathers as protection.

    As we have pointed out above, most, if not most, disagree with Rav Chaim’s ruling. This is likely because up until this generation we have been coming up with new names without protest, and, the Midrash quoted seems to have been not used for final halacha as many after it continued to use new names. Nevertheless the surreptitious and formidable je ne se qua of a gaon  of Rav Chaim’s caliber should give us pause.

    Perhaps he sees it as if we have reached a certain tipping-point of galus where we need to lean on the shoulders of our past.[44]

    Famously, the Midrash (Vayikra Rabba, 32) teaches that among the many merits for geulas mitzraim was the fact that we did not change our names. Perhaps it does not mean that we used names in lashon hakodesh (as indeed maintaining their language was anyway the next on this list of ˆzechusim’) rather that we did not change from the names of the past. Meaning, on a subconscious level perhaps, being called “Miriam” or “Moshe” awakens our neshama in a very dark galus, attaching us to the past, and protects us for the future.

    Of course, regarding all of the above a rav should be consulted (especially if one’s ‘new’ name has a negative connotation).

    Someone once came to the Chazon Ish explaining that his wife was ill and how they desired a new name be added, and if the Chazon Ish can suggest this new name. “Miriam” he replied. The husband explained that they had a daughter named Miraim. “Devorah” said the Chazon Ish. The man left satisfied. When the Chazon Ish was asked how he came to those names he replied, “My reasons were chesed! For, in truth, any name would due, rather I saw that if I would tell him a name, any name, he would leave without worry as to what name to choose!”[45]

    I only wish this discussion abated fears, explained Rav Chaim’s psak, and has given its readers the tools to approach their rabbanim should they still have doubts.

    Footnotes

    [1]Although there may differences in degrees, see Ohr HaChaim to Shmos 2:10. See also gemara Berachos 7b brought below which is the major source that parent’s have inspiration when naming a child. This gemara was actually a discussion relating to the name ‘Rus’ who, of course, was named by gentile parents! See Maharatz Chiyus ad loc.  Compare Sefer Chasidim # 460 where he states that non-Jews may name their children after the living, while Jews should not do this, from which one can infer that issues of ‘names’ are indeed stricter by Jews than by gentiles. Incidentally, this line in the Sefer Chasidim is the main source for Ashkenazim not to name children after the living, a subject we will discuss, iy’H, in later part of this series.

    [2] See  shu’t Tzitz Eliezar 18:54 for a number of additional reasons why we wait for the bris to name a boy. These and others will be explored when we discuss the issues of using a name before a bris (say, for a birth certificate, or, l’a to daven for a child).

    [3] We should note that the poskim do discuss a case where a name came to a parent in a dream and if one is then obligated to use it for their child. See Otzar HaBris vol. 1 p. 363 note #9.

    [4] It would seem that an amazing chiddush is born from this: even if one is not naming a baby after the tanna Rebbe Akivah, but rather after a great uncle who lived, say, in Brooklyn who also had this name, we still must be concerned. Meaning if the very first person who had this name, that is the source for all of those named after him in the future, dies tragically then a change may be necessary.

    [5] If the Ohr Zarua had this same concern, or if he simply wanted to know what the right spelling was, is unclear. However, it is interesting to note that one of the first sources to discuss these issues was the Sefer Chasidim (#244,246), whose author was Rav Yehuda HaChasid, a teacher of the Ohr Zarua.

    [6] See Siach Hasadeh vol. 1 p. 45 [gilyon] from Rav Chaim Kinievsky and Shemiras Haguf V’Ha’Nefesh p. 449 note 1 if such concepts, of staying away from certain names, is a halachic one or simply midas chasidus.

    [7] See however Rav Schwab’s commentary on sefer Yeshayahu (Artscroll, introduction) where his dialogue with an Israeli professor is documented regarding the fact that even the ‘dead-sea-scrolls’ have this sefer named Yeshaya, without the final vav. In addition, I would add that other religions too seemed to have, for whatever reason, transliterated the name of Yeshayahu without the final vav.

    [8] Between the Rama evh’e 129:26 who does not seem to be bothered at such namings, and the aforementioned Rav Luria who does. We should note, as does Rav Moshe, that the Chasam Sofer rejects any debate on the matter and asserts that the Rama also would be makpid.

    [9] He explains that there is a difference in one was determined to live a short life or if one should have lived a long life yet was punished with an early death. Only the latter, he feels, would be a concern. Yet it is impossible to know why a person died young. He therefore surmises that should someone l’a die at a very young age there is A) a doubt if this was a punishment B) a doubt/debate if we even must be makpid regarding such matters. Thus we have a s’feik s’feika (double-doubt) and may be lenient.

    [10] At first blush, it seems to this writer, Rav Moshe argument that one mustn’t name after someone who died (young) without children would seem to be challenged from a gemara in Yavamus 24a. There the gemara teaches that although the pasuk says (Devarim 25:6) that when one performs yibum the firstborn son from that union should be given ‘…the name…’ of the deceased brother, the true meaning is rather in reference to inheritance. The gemara proves this from a gezeira shava. Rava then questions the need for this gezeira shava by demonstrating that the pasuk could not mean an actual naming. See there for how he shows this. Now, this would have been a perfect time for Rava or another amara to strengthen the question by saying: “And, in any event, how could we name after a young man who, by definition, died without having children?”! Indeed Rav Moshe himself would prove from a gemara’s silence on an issue that it must be allowed [see his teshuvah on elective/cosmetic surgery]. There are a number of answers to this challenge, which are beyond the scope of this article.

    [11] The Minchas Yitzchak is quoted as giving the cut-off age as 50 (Shemiras Hanefesh V’Haguf p. 449, end of note 2). Sheimos Yikarei, p. 113 note 62 quotes Rav Elyashiv as putting the age at 60.

    [12] Otzar HaYedios (Eisenberger) p.640

    [13] See shu’t Sheilas Yitzchak as quoted in Birrur Halacha (Rabbi Bohm) p. 192 and Otzar HaBris p. 347 inter alia. It would seem that these views should also allow the spelling of Akiva to go unchanged, as he too died al Kiddush Hashem. Indeed, Rav Moshe, after he gives the age-52 cut off, mentions in passing the issue of changing Akiva’s spelling without further mention. It would seem then that even a tragic death al Kiddush Hashem does not take away the concern of the Yam Shel Shlomo. Nevertheless, it seems that the minhag is to be lenient regarding the Holocaust and names.

    [14] Although tragic, a similar question is raised concerning a child who dies young and naming the next son after him. Growing up one of my closest friends was named after a brother who passed away young; his second name was after the brother and a first name was added

    See Maaseh Rav #51 and shu’t Beis Yitzchak 2 (Even HaEzer) 183 where he also rules that the new name should be the first one.

    [15] Sheimos B’Aretz p. 91

    [16] See also shu’t Tzitz Eliezar 11:56. These nicknames would solve the issue mentioned by the Yaskil Avdi 8:20;22 as well as by the Divrei Malkiel that having two brothers with the same name can lead to serious sins.

    [17] Some marshal another source for two sons with one name. The Chizkuni and Ibn Ezra to Vayigash state that aside for Chushim ben Dan was another child who died young also named Chushim. Yet, as the Tzitz Eliezar ad loc points out, they do not assert that they shared the same name, only that the Torah does not mention the name of the other since he had already passed. However, see the amazing idea (although he ultimately rejects it) in Taamei D’Kra by Rav Chaim Kinievsky who suggests that they did have the same name –‘Chush’ –and to express both of them the Torah used the plural ‘Chushim’!We do find that Dovid Hamelech had sons with the same name (Divrei HaYamim I ch. 3)

    [18] See Pischei Teshuvos Yoreh Deah 116:6, shu’t Divrei Malkiel. Cf. shut’ Shoel U’Meishiv 3:15

    [19] We should point out that what one has in mind, or rather who one has in mind at the time of naming seems to carry weight. The Steipler (‘Kreina D’Agrasa’ 2:149) would tell people who felt compelled to use a name a name that they were also uncomfortable with – say for a grandfather who tragically died in Auschwitz – to think of the original name upon naming. In other words, should his name have been Avraham, then, when naming the child, have in mind the biblical Avraham, or say the Raavad, as who you are naming after, this way whilst one is naming after someone else the grandfather will still retain some type of ‘zikaron’.

    [20] We are not referring to naming a boy Esther or a girl Moshe –which all hold is not done (and perhaps lo yilbosh, Rav Shlomo Zalman is quoted as saying such a name is is ‘hevel v’ra’os ruach’) rather feminizing the name of a male relative for a female newborn or vice versa. See Divrei Malkiel ad loc., Bris Avos 8:29

    [21] This was the case brought in the Divrei Malkiel. Note that the name ‘Simcha’, although used, is first mentioned in the gemara Sukka 48b about an individual with that name in very negative context. Rav Chaim Kinievsky is quoted (Sheimos B’Aretz p. 51) as explaining that since it is the custom to use this name, and because it carries its own positive inflection and meaning it is used. See also Pnei Yehoshua to Kesubos 104b who explains that often times we find names that are used yet whose first mention is by the wicked (e.g. the meraglim). We would have to assume in these instances righteous people used these names long before these reshaim came along.

    [22] See Midrash Pinchos (siman 12) that this will even bring an aliyah for the soul of the opposite gender

    [23] Shu’t Tzitz Eliezar 7 p. 251 where he says that perhaps one can be strict.

    [24] See Sheimos B’Aretz p. 166-178 for a complete list of names that Rav Chaim considers ‘new’ and to what new name each should be changed to.

    [25] Ibid. p. 177.

    [26] See Midrash Rabba to Ki Sissa parsha 40 with Artscroll ed., ‘Insights’ s.v. “The Man Named for a Cow” for the fascinating story behind his name adapted, with additional sources, from the Pesikta Rabbasi 14:3. A Jew once sold a cow to a gentile. The latter was unable to get the cow to work on Shabbos. When he complained of his purchase the Jewish seller whispered in the cow’s ear that now he works for a gentile and could work on Shabbos. Indeed, the cow then began to work on that day. When the gentile realized how even a cow can recognize Hashem, he converted. When he chose a new name for himself (as converts are to do, based on Tosefta Gittin 6:6) he chose ben Purta, as a cow was his inspiration to become Jewish!

    [27] Shu’t Mishneh Halachos 9:308

    [28] See Vayikareh Shemo B’Yisroel p. 168 footnote 1 for the author’s report of their psak. We should note that Rav Shlomo Zalman Aurbach was not thrilled by such new names, although it is hard to argue that he took the more extreme view of Rav Chaim, see Valahu Lo Yuval vol. 2 p. 142.

    [29] This, in truth may not be my ‘name’, as I have two names, Moshe Mordechai, and in the future iy’h will bl’n discuss both the history of having two names and if, like the Chazon Ish seemed to have argued, those two names really make up one full name, and what difference such a view would make.

    [30] This is brought in several places in the name of the Avnei Neizer who once was handed a kvittel with the name Moshe on it and said that one is not to name after Moshe rabbeinu. When the father explained the the child in question was born on 7 Adar (Moshe’s yartzeit) the Avnei Nezer was unmoved from his position. Indeed, one will not find any tanna or ammara with that name. While one 12 volume work on names (Kuntros HaSheimos HaChodosh, vol 1, hakdama, p. 10) who seeks to find one instance (Menachos 65) it would seem to be based a misreading of that gemara. We should also note the few occasions that tannaim and ammoriam were given biblical names; although we do find Rabbi Ahron and Rabbi Mordechai (see Bava Kama 109, Menachos 64, respectively). Nevertheless, the minhag is, of course, to give the name Moshe. Indeed Rav Moshe Feinstien was also born on 7 Adar and for this reason was given the name Moshe (Igros Moshe vol. 8, Biographical Sketch).

    [31] Shu’t Mabit 2:186

    [32] While the Mabit does not give a source for this, see Chida in Shem HaGedolim, meraches Gedolim, Aleph:32 for a source. The Chida himself disagrees with the Mabit (see also Pischei Teshuvah, Yoreh Deah, 265:6).

    [33] See however Bava Kama 38b, ‘shtei preidos tovos…’ and Sheimos B’Aratz p. 50.

    [34] See Shu’t Rabbenu Tam #25 as brought in JHCS 1997 article where it is asserted that this name comes from Rabbeinu Tam’s aunt named ‘Belle-Assez’)

    [35] Rambam’s father. See Igros Moshe Even HaEzer 3:35 where Rav Moshe Feinstien suggests that this and many other secular names slowly became accepted as Jewish names.

    [36] Yam Shel Shlomo, Gittin 4:26. See Chida in Shem HaGedolim, kuntros acharon.

    [37] In the future we will, bl’n, delve into the issue of who has the right to name a child.

    [38] While certainly the events that Rav Luria described happened, however, instead of inventing a name perhaps his grandfather was searching for an already exisisting Jewish name that would act as a memory for both fathers.

    [39] Sheimos B’Aratz p. 99. All bold words in this particular sefer is a direct quote from letters received from Rav Chaim. See there footnote #54 where the compiler brings from Pardes Yosef, who in turn brings from Vayikra Rabba 1:3 that Bisya herself was named as ‘daughter of Hashem’.

    [40] When a name needs to be changed, or a Hebrew name need be given to an adult, we always seek a shem domeh, a name that is simeler

    [41] See the teshuva of Rav Menashe Klein referenced above where the questioner seems to have brought this quote to the attention of Rav Klein, and why Rav Klein rejects it.

    [42] See Part 1 on Names where we discussed the idea of all parents, even today, having ruach hakodesh of some type when naming children, and if, indeed, this comes from chazal.

    [43] See Artscroll Shir HaShirim ad loc.

    [44] See however page 52 of Sheimos B’Aretz where Rav Chaim seems to suggest that Yiddish names such as Menachem Mendel or Shraga Feivel may also have been based on a false understanding of the original name-carriers true name. Rav Moshe Feinstein (Igros Moshe in several places) seems to suggest the possibilty that some non-Hebrew names entered our lexicon in every galus and due to kibud av v’eim were/are kept in use. See also Chazon Ish as quoted in Orchos Rabbeinu 3, mila, 31, and the Steipler in Toldos Yaakov p. 317 who is quoted as saying not to use Yiddish names today (this would seem not to apply to chassidim who are naming after the rebbes – see VaYikare Shemo B’Yisroel p. 180)

    [45] Maaseh Ish vol. 1 p. 203

  • Shabbos Erev Pesach

    Shabbos Erev Pesach

    A Most Complex Shabbos!

    Rabbi Moshe Taub

    Written Nissan 5885

        If the reader is overwhelmed and confounded regarding this upcoming Shabbos-erev-Pesach, he is not alone. Even the Shulchan Aruch remarks on the confusing nature of these halachos.

       To aid the reader, I will discuss the most commonly vexing issues, opening with a more-detailed discussion about the uniqueness of this year’s taanis bechorim.

    1. Taanis Advanced

       Quick Riddle: What are the two occasions where halacha would sanction an official erev Shabbos fast-day? While most would immediately, and correctly, get the first one – ‘asarah b’teves’, the additional erev Shabbos fast may prove more allusive. Some readers, noting my introduction, may be thinking, “It’s a year like this! When the 14th of nissan falls on Shabbos, we advance the fast to erev Shabbos!” However, this would be incorrect, as we actullay advance the Taanis two days, to Thursday. This confusion is only magnified when we consider the fact that when the 14th of nissan falls on a Friday, then halacha indeed does affirm an erev Shabbos taanis bechorim. This second case would be the correct answer to our ‘riddle’.

       Why the distinction? Why not have this year’s taanbis also be on a Friday?

        As mentioned in the Purim issue this year, not only may one fast on a erev Shabbos, but the Shulchan Aruch records how some ‘anshei maaseh’ (holy Jews of distinction) would make a point to fast every Friday so as to enter Shabbos in a state of hunger! However, in our generation we are advised against this practice, as fasting all day would cause exhaustion and deleterious dispositions, all leading to a low desire for delighting in the seudah, etc.

       So, while we wouldn’t, dafka, place a taanis on a Friday, should either of these two fast-days naturally arise on an erev Shabbos then we keep it in place.

        As to this year -when the taanis falls on Shabbos-while we advance it to Thursday, the Shulchan Aruch brings an opinion not to fast bechorim bechorim at all this year! This is because, as opposed to asareh b’teves which is predicated on a pasuk in zecharia, taanis bechorim is but a minhag, for which we, perhaps, say by, “Once its missed, its missed”.

           The Rema rules, however, like the first opinion.

         Nevertheless, certain leniences are intoridces this year. Some poskim allow one to rely on the view of attending a siyum wendesday night, therby allowing him to eat on Thiursday, while others allow one who can’t attend a siyum to redeem the Taanis with tzedakah. Of course, these are for cases where one is otherwise stuck, only for this year, and still one should consilt their rav.

       On the other hand, some poskim, like Rav Shternbuch,urge bechorim to make a second siyum of Friday in addition to Thuirsday’s! Other poskim, like Rav Moshe Feinstein, support this chumrah but without recommending it (4:69).

       While this chumrah may seem hard to comprehend on a taanis that is but a minhag- it actualy has strong support that begs a larger quarrion: By our one other taanis that is a minhag–taanis esther- the Rema rules that should it fall on a Shabbos we similarly advance it to the Thurday before. He then adds that if one had a bris on that Thursday, allowing him to eat, he must make up this fast the next day, erev Shabbos!
         So consider the similarities to our erev Pesach this year, where one makes/attends a siyum which allows him to eat on Thursday…should he not similarly have to make up this fast the next day, erev Shabbos?!

     Rav Karelitz quotes his uncle, the Chazon Ish, who dismisses this concern of needing to make-up taanis bechorim on Friday because this fast is but a minhag. However, can’t one retort that taanis esther is equally a minhag?!

        Nevertheless, as Rav Moshe makes clear, the minhag for a year like this is to fast/attend a siyum for Taanis bechorim only on Thursday, and without making it up, and, for whatever reason, we differentiate from a Thursday taanis esther.

    1. Bedika Beracha Memory

    Thursday night –the 13th of Nissan –the bedika will be performed with a beracha and a kol chamira at the end. There are many obvious reasons why this cannot be done on Friday night erev pesach –not the least of which being the impossibility to search with a candle.

       What is unique –and what risks creating a false memory, a concern the Shulchan Aruch will mention below –is the beracha we say on this Thursday bedikah. In a regular year one never makes a beracha when done before the 14th (say, for one going away Pesach). This year’s night of the 13th is an exception to that rule.

    1. Chometz, Where Art Thou?

       One may keep Chometz needed for the next day’s burning/eating and for Shabbos in a secure location.

    While many houses become pesachadik at this point (save for the bedika bread needed for biur the next day), there is no halachic obligation to refrain from eating Chometz until early Shabbos morning (times depend on location).

      The one main action to perform on Friday is biur chametz.

    However, we do not say the kol chamira then, rather we say it before the fifth hour on Shabbos.

    While an actual burning obvoulsy can’t be performed on Shabbos erev Pesach, why not perform it later in the day on Friday? One can technically eat chametz all day Friday, so one should be able to do the biur up until they accept Shabbos. Why limit its timing?

       The Shulchan Aruch explains that this, too, is so as to avoid creating false memories and confusion in future years.

    IV. Eggs Matzah vs. Rolls. Vs. Soaked

       We are confronted with a quagmire on Shabbos erev Pesach–on the one hand we must have lechem mishneh by each of our Shabbos meals, but on the other hand we can’t eat matzah erev Pesach (this is a halachah; not to be confused with the minhag of refraining from rosh chodesh; if this halacha already begins Friday night is beyond the scope of this short treatment).

        The poskim offer three options.

    Chametz challah, egg matzah, or soaked matzah.

       Should one’s minhag be to use chometz, I would recommend bagels or pitas as they cause less crumbs. One would make sure to serve these on towels/plastic table cover etc., and each person would eat a kezayis over those towels immediately upon washing. These towels would be discarded down the toilet, or, if there are far too many chometz crumbs to flush, one may pour designated bleach over it in the trash, or, wrap up the tablecloth and place it somewhere hidden and secure and have in mind during the kol chamira, to be dispose of properly (burning, etc.) on chol hamoed.

    Some make the hamotzi/eat the chametz in a different room, and after following the steps above, eat the rest of their kosher l’pesach meals in their dining room. If this is followed, it is best if the dining room where the rest of the meal will be eaten can be seen from this other room. It is, however, not recommended that one make the hamotzi on a porch, balcony or the backyard and then return to eat the rest of the meal.

    Rav Moshe Feinstein and many others (ashkanazim only) recommend using kosher l’pesach egg matza.

      Care should be taken that it not mix, or crubms fall, with Pesach utensils, food, etc. (although allowed for the sick and infirm on Pesach).

       According to Rav Moshe Feinstein and others, Ashkanazim must cease eating Egg Matzah before same time one must refrain from chametz. Some (e.g. Noda B’Yehudah) allow Egg Matzah to be eaten until chatzos.

       Many sefardim encourage the use of regular kosher l‘Pesach matzah used for these Shabbos meals. In order to get around the prohibition of matzah on erev Pesach, one keeps their matzos soaking (e.g. in soup, but not to the point of breaking apart).

    IV. Biur Chometz

    Before the fifth hour chamira should be said., with some reecomending to think-but-not-recite the word  ‘hefker’.

    V. Shalosh Seudos

        In order to fulfill both the morning meal and seudas Shlishis many break their early morning meal into two, provided they wait several minutes in-between.

       Because seudas shlishis is supposed to be eaten no earlier than half hour after midday (according to many), it is recommended that some fruits or other items be eaten after this time, as well.

       Others avoid splitting their morning meal into two, rather partaking of a non-washing seudas shlishis later in the day, while making sure not to spoil their appetite for the seder.

       May Hashem see His nation’s desire to fulflfil hilchos Shabbos along with hilchos Pesach and bring us a sheffa tova!