Category: Halacha

  • Navigating Pesach: Balancing Halacha and Joy

    Navigating Pesach: Balancing Halacha and Joy

    Chumros Are Not Always Right!

    “A PERSON IS OBLIGATED [BY TORAH LAW]1 TO BE HAPPY AND IN GOOD SPIRITS ON THE YOMIM TOVIM; THE HUSBAND, HIS WIFE, AND THEIR CHILDREN…”

    – SHULCHAN ARUCH ORACH CHAIM 529:2-

    April, 2022

    Unfortunately, in spite of the above requirement, not only do many women not enjoy Pesach, but they often dread its arrival.  The sad irony is that chazal teach that Pesach and the geulah it comes to celebrate are owed specifically to the Jewish women and their merits (Sota 11b).

    Rabbanim have seen all too often the joy of Pesach sullied, the anticipation for this yom tov frustrated by unnecessary behavior done in the name of halacha.

    We must put Pesach chumros in perspective.

    There was a famous frum psychologist in Monsey who used to write to the Steipler Gaon regarding interesting cases. Many of those published letters discuss people with certain compulsive disorders hiding behind stringency in halacha. Of course, I am not suggesting a comparison, but it’s a useful metaphor that while there is room and even great importance for certain chumros, if left unchecked Pesach could be abused for unwarranted self-harm.

             It should be said at the outset that there are various wonderful chumros relating to Pesach, as well as innumerable minhagim, all of which must all be observed in their respective homes. We all know the words of the Arizal that he or she who is careful about even a trifle of chometz will be protected from sin throughout the year (See Baer Heitev, siman 447:1; See also Zohar, parshas ki seitei as brought in Kaf HaChaim).

    What follows are a few rules of chumros that one must keep in mind:

    Chumros do not exist in a vacuum bound by no rules whereby they can potentially metastasize into adversities that are unrecognizable even to their creators. Chumros too are restricted by halacha. In fact, we need to be machmir regarding chumros, to learn when chumros are unnecessary and, sometimes, even forbidden.

    In addition, by confusing chumros with real halacha we can create an atmosphere where what has to be done is eclipsed by what one desires to be done, leading to unhealthy consequences. In the words of the Netziv, “…we run away from the fox but into the mouth of a lion.”4

    What follows is meant as informational; all final ruling must come from one’s own personal rav (See introduction of Rav Yosef Karo to his Kesef Mishna and his Beis Yoseph. See also Maharal, Nesivos Olam, Nesiv HaTorah 15).

       RULES RELATING TO CHUMROS

    1. A chumrah must have a source – All chumros – aside for one’s familial/ group’s minhagim – must have a source, a singular opinion, for instance, found in the poskim, and it certainly cannot go against a ruling of chazal. A stringency made up out of whole cloth is not acceptable unless it is a specific tradition (by tradition, we don’t mean “well, I did it last year”).6, 7  
    2. A chumrah cannot conflict with a clear halacha If a newly decided-upon chumrah would be in direct conflict with a clear halacha it must be abandoned. Examples abound, and halacha is vast, so a rav should always be consulted. In my view,  this includes taking on a new chumra that could severely harm one’s simchas Yom Tov and/or shalom bayis.8
    3. Chumros relating to medicine in pill form –When Rav Moshe Feinstein, Chazon Ish, Ksav Sofer, etc. were asked about pill-form medications that was known to contain chometz, they all allowed it on Pesach. This is because a pill is not edible to a dog (and is in fact produced to be that way) which the Torah itself allows. While we can’t be stricter than the Torah (baal tosif), there is a minority view (the Rosh) who posits that there would still be a rabbinical concern when such permissible chometz is actually consumed, and not just in one’s home (achshivei). Yet, even if one wished to follow this minority/rabbinic concern, the poskim explain that it would only be in effect when such indelible chometz is eaten, not when swallowed whole. While some kedoshim wish to still be machmir, one should not be machmir and refrain without speaking to a rav. That’s the only shailah they should ask about pills -if they are allowed to be machmir! Personally, I am trying to say every word of pesukei d’zimra, and work on my middos, before assuming a chumrah on a derabbanan that can impact one’s very health, and that the poskim do not reccomend.
    4. Taking on a chumrah for someone else – One cannot take on a chumrah for someone else – or for one’s wife (see Igros Moshe eh’e 2:12 at end, et al., that a husband cannot be machmir against the basic din when it affects only his wife).

          If a husband desires to take on chumros  -especially when it comes to cleaning for Pesach – that are new and not a part of standard practice in their family, he is more than welcome to do so, and his wife should show him where the cleaning supplies are kept. Yes, we must be vigilant, machmir even, when it comes to the laws of Pesach, but never at the expense of others.

    • A wife foregoing her family minhagim for her husband – the concept that a wife forgoes her family customs so as to follow the minhagim of her husband is not as simple – or as ancient – as many assume. There are times when she would not, could not. This topic was explored several years ago here, and one should speak to their rav.
    • Cleaning for Pesach
    • If one fears there may be chametz behind a large appliance or shelf space (e.g. a bookshelf) that cannot be moved without great effort (e.g. unscrewing panels, or very tricky lifting) there is no need to remove it, especially if any chametz there would be inedible (Shulchan Aruch HaRav, some understand his words as applying to even large pieces of chametz).
    •  While it is praiseworthy to clean seforim / books of tiny crumbs, it is not an obligation (Rav Shlomo Zalman Auerbach, et al.). Nevertheless one should not bring unchecked seforim to the table where a crumb could fall into food (Rav Moshe Feinstein). Pockets of clothing, however, must be checked (Rema).
    • All areas of one’s home and property (e.g. car) must be cleaned of chametz, save for an area where one is certain no chametz has entered. In homes where young children are present, even such spaces must be checked unless the children have no way of entering.
    • All areas that are to be sold/rented to a non-Jew for Pesach need not be checked or cleaned for chametz (Rav Shlomo Zalman Auerbach; cf. Mishnah Berurah 436:32). Nevertheless, any such chametz must be out of view over Pesach (behind a mechitzah / barrier of at least 38 inches high). Regarding one who is selling their entire home, speak to a rav.

    Deracheha darchei noam -the Torah and its laws are pleasant. We must never forget that. As chazal teach, just as one gets schar for doing, they sometimes also get schar from pulling back (Kiddushin 57a).

        Wishing everyone a chometz-free and anxious-free home this Pesach!

  • Impact of Permanent Daylight Savings on Halacha

    Impact of Permanent Daylight Savings on Halacha

    March, 2022

    A classic and well-known Jewish joke:

     “There is a zoology course at a distinguished university in which the students were requested to write a term paper on the subject of elephants. The French student writes a paper with the predictable title, “On the Food Habits of the Elephant”; the German student submits a teutonically comprehensive “Introduction to the Bibliographic Sources for the Study of the Elephant”; the American student submits a paper on the topic of “Breeding Bigger and Better Elephants”; and, finally, the Jewish student chooses as his theme —what else?—“The Elephant and the Jewish Question.” (Santer, Johns Hopkins University  Press).

             While my next sentence may sound like the above joke’s continuation, I wish to discuss ‘Daylight Savings Time and the Jewish Problem’.

            The issue of Daylight Savings Time has always been discussed, debated and even experimented with.  I am a contrarian. Put me in front of a chavrusah and have him say a pshat that I’ve always thought of myself and, suddenly, I will see its flaws.

         I never really thought deeply into Daylight Savings Time, save for every November when I would have a flash-of-a-thought, “Why don’t they just keep the time-gain of an hour of sunlight?”

         But then, the other week, I heard on the news that the Senate voted unanimously to make Daylight Savings Time permanent. It was only then when, all of a sudden, I was awakened to the many issues it would cause for bnei Torah.

        The bill was titled ‘The Sunshine Protection Act’. It is an odd name, as if they were Yehoshua who can, by fiat, decree the sun stay in the sky longer. In fact, Senator Marco Rubio, who introduced this bill, made sure to explain on his website that, “This bill does not…change the amount of hours of sunlight, etc.”!

        According to this law -which still must be voted on by congress and then signed by the president -in 2023 we will change the clock one last time, leaving DST in place for good.

          In truth, this is not the first change relating to DST. Let us go back in history for a moment.

        DST was enacted in the United States following Germany’s 1916 effort to conserve fuel during World War I. Initially, it was authorized for only half of the year, but in 2005 Congress extended DST to eight months, leaving only four months of standard time. The United States has also gone through periods where we have had year-round DST, including in 1942-1945 and 1974-1975.

         Those brief changes, obviously, didn’t last.  In the Fall of 1974, a poll was commissioned where opposition to DST outran support by a 53% to 41% margin. The reason was as clear as day -or as dark as night! -people didn’t want to send their kids off to school, or go to work, in the pitch black.

         Funny enough, polling hasn’t gotten much better, with over seventy percent in favor of keeping the status quo (CNN, March 14th 2021, ‘Americans Don’t Like Changing the Clocks, But Can’t Agree on a Solution’).

         The reader may be wondering what the problem may be for us. After all, Chanukah licht would be at around 6pm instead of 5pm, allowing for more fathers to be home to light on time! In addition, even during the winter, most shuls would be able to expect ballabattim to have returned from work so that everyone can make a unified mincha and maariv each and every night of the year. So what’s the issue?

          The issue is davening in the mornings!

          Right now, the goal of ST and DST is to have it so that the sun will be rising as most people get up in the morning. Sunrise changes within a two-hour window throughout the year.

        So, dear reader, follow me into the future:

          Let us fast-forward to March 12th, 2023, the first day of our new permanent DST. In New York City, sunrise, or neitz hachama, will be at 7:12am.  From there it will get earlier, reaching its nadir around June 15th, at 5:24am. By November 4th, 2023 – the morning before we would have switched back to ST -sunrise will be at 7:29am.

         Now, would laws stay the same, the next day would be a 6:30am sunrise, but if we stick with DST, it will be at 7:30am.

        The time for sunrise will keep moving up from there, reaching its zenith in the beginning of January 2024, when sunrise will be as late as 7:20am, even at ST…and 8:20am if we keep DST!!!

          It goes without saying -leaving halacha to the side for a moment -that our challenge of getting our young boys and girls out of bed in the morning will only be greatly increased because of this, and, that safety in bussing will also be pushed to its brink.

         Yet, it will be the halachic and societal changes that will be the most noticeable. Most insignificantly, no Shabbos of the year will end before, around, 6:30pm, but let’s go back to those sunrise mornings.

       Chazal teach that the ideal time to daven is netz (Berachos 30a). But when is the earliest one may daven? While the gemara does allow for an earlier (and certainly, later) time, it is unclear when that is.

        The Rambam rules that one could, bdieved, daven at alos, or ‘dawn’ (hil. teffila 3:7).

         The Rosh gives a later bdieved staring time, when the eastern sky is illuminated (Berachos 4:1).

         Rabbeinu Yeruchem gives, still, a later time than that: when one can recognize a friend at four amos distance (nesiv 3:3; see Beis Yosef to siman 89).

       We rule that one should never daven before the time of the Rosh, unless one has no other option.

         Now, to be sure, when alos/dawn is exactly is a debate with close to ten opinions. But let us take the most lenient view. Say one wishes to daven at alos (already a great leniency), and takes the view that this is 90 minutes before netz (another lenient indulgence) -even then the earliest minyan would still be after 7am! And this is only if our poskim sanction such a broad halachic allowance. They may instead urge that, like with mincha, people find minyanim near their offices at a more lichatchila time. We cannot overstate how troubling this would all be to the chinuch of our children. Part of yiddeshkeit is the witnessing of thousands coming to and from shul each morning.

          In addition, yeshivos and chedarim will have to have learning start much later -as certainly they would never sanction a chinuch of a bdieved. Imagine the amount of bitul Torah this will cause!

            Gevalt!

         Rabbi David Warshaw, the president of the National Council of Young Israel recently lamented –“Since Covid, shuls need stability now more than ever. This new law will take our shuls five steps back!”

        So, what do we do?

    I am not sure. The first step, of course, is to inform.

        I hope this column will be a good start.

  • Vegan Restaurants: A Kashrus Minefield

    March, 2022

        Last week we discussed the halachos and hashkafos of being vegan. While most readers are not contemplating such a move, there is one area that has become a popular issue to be brought up to rabbanim, especially in New York City.

        Often, it’s the kosher certification agencies that are known to not follow modern kashrus policies (policies created due to new realities) that certify vegan restaurants in the city (many vegan establishments are indeed under good certifications, that follow modern protocols; I’m referring to one’s that are not and do not).

            However, some people will go to these establishments anyway. When I ask why, they either explain that they accept that hashgacha, which is their choice, or more commonly, they will say, “Rabbi, it is vegan! What could be the issue! This teudah should certainly be enough for such a place!” I’ve heard this argument from otherwise very smart and frum people.

           While I am not here to say which hashgacha a person should accept, I can say that such an argument is absurd, or better said, not fully thought out.

           First, let me share a story or two.

        When I was a rav in Buffalo, the dream was to create a sit-down kosher restaurant. While we had several food options -a meat deli, a JCC dairy takeout, a university cafeteria, and various caterers -a real, tabled restaurant would be the mark of a stable and secure community. But to support such a venture a town needs one of two things: either a critical mass of frum people that will keep it in business every night of the week (which we did not have), or, a restaurant that would appeal to non-Jews as well.

           Growing up in Toronto, whenever we would drive to New York to bake matzos for Pesach, we would stop in (my future home!) the Young Israel of Buffalo for shacharis, and then head off to Bakerman’s for breakfast. It was a classic donuts and bagel all day ‘breakfast’ spot. True Americana, and the perfect restaurant for an out-of-town city like Buffalo, catering mostly to non-Jews yet under the hashgacha of the local vaad (run then by the stupendous Rav Yirmiyahu Kaganoff).

    It was there where I tried my first tuna melt, as well as first heard such terms as ‘over easy’.

          Several years into the venture, the mashgiach noticed that the first batch of donuts were being sold less than an hour from opening. This was suspicious, as he had to be the one to turn on all cooking equipment, and fryers take time to heat up.

          It was the late 1980’s or early 90’s, and when he shared this information with the rabbi, his only option was to purchase a camcorder and follow the owner. (Why not use a PI? For one thing, at such late-stage suspicions, immediate confrontation is apt, as being caught red-handed by the rabbi deflates excuses, even when one’s livelihood is, sadly, on the line. Secondly, this issue arose due to putting matters into non-rabbinic hands; to investigate by those very means seems peculiar).


    The next morning, the rabbi – parked outside the non-Jewish owner’s house since the crack of dawn – began following the owners car to the store. However, the owner didn’t go toward the store! Instead, the rabbi followed him to a warehouse we they picked up their first batch of very-non-kosher donuts -ready to sell before his regular donuts could be fried. (The reader should note that off-site frying is becoming the norm, and even your local Dunkin likely does not fry their own donuts).

         Suffice it to say, they lost their hashgacha.

            Next story:

           Fast forward fifteen years, and now I sit at Rav Kaganoff’s desk. We are approached by the owner of a large Indian restaurant. His restaurant took up a huge modern building, was centrally located, and all VEGAN!

    What he was missing was more customers, and he called our office to see if going kosher would be feasible.

         This was a gift! What a boon this could be for the community! What a hero I would be if I could make this happen!

       I suggested we meet at the actual restaurant so that I may see the lay of the land etc. We agreed to meet there before he opened the next morning.

         I arrived at the designated time and waited in the empty lot for the owner to arrive. I called his cell phone to no avail. After close to two hours, I wondered if he lived i the top floor, as this was a huge building. Maybe he is inside waiting for me. I knock. No answer. Maybe he is in a back office, I think. I turn the knob and the door swings open. It was gorgeous inside, with high ceilings, and with the entire space used for an oppulant eastern design. He certainly didn’t live there.

    I walked alone throughout the large restaurant, to the back offices. No one is there.

    “They just leave their store open all night?!” I wonder to myslef.

    In the kitchen, I go through some of their products. Many of them would seem ‘vegan’ to many, but are certainly not. Stearates and Caseins and other ingredients abound in their packaged, dried, and canned goods. I found at least ten products that have ingredients derived from meat!

        Finally, after an hour of my perusal -and thre hours of waiting total- the owner shows up.

    No apology.

    Not a word.

    Rather, he sat down and demanded I join him.

    “Ok, Rabbi, so we are already vegan, tat means we are kosher. So why don’t we make a deal that you come here for free once a month with your family and in exchange you give a sign that says we are kosher”!

        I wasn’t sure if he was joking or not. “Well, first of all, your security is awful. Secondly, I perused your products and many are problematic to kosher and to your vegan customers. In addition, we have the issue of bugs. This is not to mention….

        He cut me off.

         “Rabbi. I did not come to my own store to hear you lecture me. My brother owns three vegan restaurants in Manhattan. I know exactly what kosher is…”

         I extended my hand, got up, then turned around and left -not saying another word then, nor speaking to him ever again.

    Because:

            It’s a funny thing. The fact that I’ve ver pulled my certification from any factory, company, or restaurant causes the simple to assume this is a sign of weakness, or of my not taking kashrus seriously enough. In truth, it proves the opposite. Eighty-percent of the real kosher security is done before shaking hands. I said “No” more often than “Yes”. When one looks for honesty and humility then he will rarely if ever be let down. That is the reason I never had to pull my kosher certification!

    These stories did not even touch upon the most severe issue relating to vegan restaurants.

         Bishul Akum.

            A simple eggplant -a vegetable that one can’t eat raw -can treif up all the dishes in a ‘vegan’ kitchen! A can of veggies from the wrong company (depending on how and when they cook it) -like asparagus -will do the same. Without a set-up for deliveries and a mashgiach, it is, in many ways, the vegan restaurant that scares me the most. That is when one’s guard could be down, that is where new ingredients and products are tried the most often, and that is where critical kashrus errors happen -by accident or with malice.

            The above is not a comment on any particular vegan facility, rather for the reader top understand why major kashrus agencies have increased and changed their standards over the years.

       May Hashem protect us from michshol!

  • The Meaning Behind Waving Hands Before Shabbos Candles

    The Meaning Behind Waving Hands Before Shabbos Candles

    Some Secrets of Ner Shabbos

    January, 2022

    Dear Rabbi Taub,

    “…Your column recently explained the reasons for braiding and the long shape of challah, as well why we call Shabbos lechem the odd term  ‘challah’. These are questions I always had! So, once ‘on the subject’, I was hoping you could help us understand some of the other strange minhagim we do on erev Shabbos kodesh. I always wondered about why my mother (and I!) waved her hands before making the beracha on candles Friday night…

    D.S.

    Lakewood, NJ”

       The above letter reminded me of a story. Years ago, I was asked by a cholev yisroel cheese manufacturer to help oversee the production of a cheese product at an Amish farm. It was an exhausting process, not the least of it being due to getting up at three-a.m. and driving through a blizzard in farm country. Having arrived, I parked my car and waited outside the dark building for someone to arrive. Not a few minutes later I heard the distinct sound of a horse and buggy, transporting me back to a myriad of baal shem tov stories!

         A young Amish farmer, Jedediah, alighted from his ‘vehicle’. He looked the part in every way, down to his overalls and blooming beard. He led me into the facility, and with that our work began.

        Knowing we would be spending the better part of twelve hours together, I began to schmooze with him a little. At first, these were innocuous questions, “Do you live near here?”, “How old are you?”, etc. But then I strated to direct my questions toward my curiosities about his way-of-life. “Isnt it freezing in the buggy?” “Do winter road conditions effect horses in the same way it does cars?” etc.

         Finally, I felt comfortable enough to ask my sapere aude query toward which I had been building.

        “Would it be ok for me to ask a more personal question about your way of life?” He said that would be fine.

          “I have always wondered: why indeed don’t the Amish use electricity and other modern and convenient marvels…”

         I am sure the reader too has always been curious about this. I was anxious for his explanation, yet could have never guessed his response. He looked at me blankly, paused and then smiled.

       “I don’t know” he sheepishly said. “It’s just how I was raised”

         At first this flabbergasted me. How is it possible to forgo central heating, cars and the light bulb, to live as we did one-hundred years ago, and at the same time never knowing why?! But then I realized how, lahavdil ad lanetzech, many of us are unaware as to why precisely we ourselves do not use electricity one day a week!

        Of course, there is an importance and beauty in performing tasks and mitzvos by way of mesorah alone, and sometimes even a danger in questioning the modes of the past. However, and at the same time, the navi warns us, “…and with [only] their lips do they show Me honor; but [with] their heart they draw far away from Me, and their fear of Me has become but only a command of people, which has been taught..” (Yeshayahu 29:13). In other words, even fear of Hashem could come from rote!

        For these reasons do we here delve into the secrets behind our more mysterious customs from time-to-time. Not simply because of the brilliance behind them, but also to bring individualistic meaning to our actions.

        So, why do some wave their hands by hadlakas neros? It begins with a halacha. All berachos we make fall into three distinct categories: shevach (praise, e.g. oseh maaseh bereishis), hanah (pleasure, e.g. borei pri haeitz), and mitzvos (e.g. al mitzvas teffilin).

         Each one of these three types carry with them their own set of rules. When it comes to berachos we make on a mitzvah, it must be said before the mitzvah is performed. This is known as over l’asiyasah. For this reason, many first turn their esrog upside-down, make the beracha, and only then orient it halachicly.

         As many are aware, this presents a problem for the mitzvah of Shabbos candle lighting. Although the mitzvah of neros Shabbos dates back to Moshe rabbeinu (Pisikta to shmos 35), it is one of the seven mitzvos derabanan, which nevertheless brings with it a beracha (cf. shu’t Chasam Sofer 168 who posits it’s from the Torah).

        However, because there is an assumption that women accept Shabbos with this beracha, how would they be allowed to light after -when it’s now Shabbos kodesh?! Therefore, the Rema suggests she first light and to then cover the candles with her hands and only then recite the beracha. Since she will then only benefit from the candles after the beracha – when she removes her hands from the face of the candles – it is considered over l’asiyasah, as if the beracha preceded the mitzvah.

          But how did we get from covering the candles with our hands to waving? Well, there are mystical reasons why closing one’s eyes at this time is also apropos (Ben Ish Chei, Noach 2:8). So, we would like to both cover the candles – as the Rema taught – and close our eyes However, today this is not so simple. This is due to the relatively recent minhag of lighting a candle for each child born to a mother. While there is no clear source for this now universal minhag, most assume it is due to the gemara that teaches that those careful in this mitzvah will be zocheh to special children (Shabbos 23b with Likutie Maharich). Others suggest that this newer minhag is due to pains of childbirth, giving women at that time a new chumrah to take on, i.e., an additional candle (shu’t Chayay Halevi 1:34;3).

         In any event, we now have many more candles to cover with our hands, making it impossible to block their light! In addition, our modern candles yield a much stronger and more stable flame than the average candle of yore. Blocking these with our hands would be accomplish little.

        We therefore close our eyes and cover each candle-one by one -which indeed looks like one is waving! (Some bring the three-hundred-year-old Noheg K’Tzon Yosef as a source for waving, but he too only meant this is a way to cover each candle). We then cover our eyes with our hands, as this is the best way to represent the Rema’s covering of the candle with our hands. The Aruch Hashulchan indeed writes to close our eyes and to cover them with our hands.

        What about ‘waving’ three times, as some do? I have searched and could not find a source. Indeed, one modern sefer posits that there is no source (Piskei Teshuvos, p. 203, footnote 163). I would however suggest based on what we suggested last week relating to those who make three braids in their challah. The Zohar teaches that each meal on Shabbos represents one of the three avos. Since the candles are to be lit in the place where we are eating, perhaps the three waves represent Avraham, Yitzchak and Yaakov.

     In fact, in addition to the meals and, perhaps, waving, doing actions in triplet form so as to represent the avos comes up in other ways on Shabbos. For example, the three pesukim we recite when taking out the Torah on Shabbos (shma, echad, gadlu) are also an allusion to the avos (siddur Otzar Hateffilos, peirush Eitz Yosef). In addition, chazal allude to the fact that each section/mitzvah of the Torah was itself taught three times, which is why in preparation for Shabbos we are to learn each week’s parsha three times (the pesukim twice, and Targum once -see sota 37b w/ Raavan; see Asifas Gershon, Shabbos p.456)

         And with that, let us next week finally conclude our discussion of challah. For, many other fascinating events, stories and discussions have happened in the rabbinate since we began this mini-series, and I can’t wait to soon share them!

     

  • A Secular Date for ‘V’Sein Tal’?

    A Secular Date for ‘V’Sein Tal’?

    Understanding An Imponderable

    Rabbi Moshe Taub

    December, 2021

    I. The Question

         “Rabbi, why does the English date of December 4th-5th determine when we begin to say v’sein tal umaatar?”

    “Rabbi, how is it that there is a halacha that is dependent on the secular calendar which is capricious and arbitrary in nature, while halacha is consistent and unchanging?”

          The two forms of this question express two distinct curiosities: Why we do this, and, How it works.

         To make the explanation as simple as possible, we will first eliminate the possibility of using our Jewish calendar for our v’sein tal needs and starting date.

          II. The Jewish Calendar’s ‘Flaw’

    Chazal tell us that we are to begin saying v’sein tal outside eretz yisroel sixty days after ‘tekufas tishrei/autumnal equinox/the first day of Fall’ (taanis 10).

        Now, our Jewish calendar offers us no aid in giving or easily finding a fixed date for this event.

    This is because sixty days from the beginning of Fall will vary in our calendar widely from year to year (e.g., for the last three years, of this writing, this would have fallen on the 27th of kislev in 2018; the 7th of kislev in 2019; the 19th of kislev 2020, etc.)

        Fair enough.

           But how does the secular calendar enter the equation?

      III. Secular Calendar to the ‘Rescue’ 

    To answer that question, the reader need only know the following important feature of the secular calendar:

    The non-Jewish calendar was designed specifically so that the seasons of the year would fall on relatively consistent dates. Seasons was its chief focus.

          While chazal were also concerned with seasons (tekufos), and had methods for their calculation, they did not go so far as creating set dates for them in our calendar.

    This being the case, we can now simply print in our siddur the date of sixty days after the Julian Calendar’s correct and consistent commencement of Fall.

    (While our secular calendar was known as the ‘Julian Calendar’, we will explain below how and why it shifted to be known as the ‘Gregorian Calendar‘)

       If the reader wishes, he could stop at this point, as the basic issue has been resolved.

    …However, something still doesn’t add up – literally! -as sixty days from the start of Fall is not December 4th, rather November 22nd!

    IV. December 4th or November 22nd?

       Indeed, Rav Yosef Karo himself codifies that secular date, “…the 60th day will come about on the 22nd of November” (Beis Yosef, siman 117).

    Stranger still, in most modern editions of the Beis Yosef, they replace this with, or place in brackets, “4th of December”.

               So, what’s going on here?

            To understand this, we must start at the basics:

    V. What Are Seasons?

         The Seforno (bereishis 8:21) teaches us how after the mabul Hashem tilted the earth on an axis of, about, 23°.

    It is this tilt that creates our four seasons.

    How so?

    When the earth is in its cycle around the sun, there will be times when the northern half of earth is tilted away from the sun and its southern half is therefore butting closer toward the sun, and then, some six months later, the opposite will be true, with the earth tilting its northern side closer to the sun.

         This is why those who live below the equator have opposite seasons than us.

            The above examples represent the two extremes of the seasons. Not only are the north and south sides of the equator experiencing opposite weather phenomena, but also opposite lengths of the day. When the northern half is tipped away from the sun, their days naturally become shorter, and, for those below the equator they will experience longer daylight, and vice versa when the earth moves 180 degrees from this position. These two days of the year are called the ‘solstice’, which will be either our longest (summer) or shortest (winter) daylight days of the year, depending on if one is above or below the equator.

          When the earth continues it rotation around the sun 90 degrees, or halfway from either of these two positions, then it will reach a point where the sun is perfectly equal to both the north and the south -as the tilt of the earth is no longer away from the sun, rather toward the ‘right’ or ‘left’ of it. This is called the ‘equinox’. This too effects the length of the day, but not in the same manner the solstice does -rather on the equinox day and night and day will be of equal length, a perfect 12 hours each. This happens twice a year, as well.

        The above four phenomena make-up our four seasons, or as chazal term them ‘tekufos’.

    VI. Something In Common With the Secular Calendar

                 Originally, the secular (Julian) calendar divided the four seasons that made a complete year equal to 365 days and six hours. This Julian calendar was tremendously helpful to us, as we follow the view of the amara Shmuel who also says to calculate the four seasons into a year of 365 days and six hours.

          Both the Julian calendar and, lahavdil, chazal (i.e. Shmuel), are not meant to be precise, rather to giove us a clean and rounded number.

    Both Shmuel and, lahavdil, Julius Caesar (‘Julian’) ignore about 11 minutes and 15 seconds of the earth’s yearly rotation around the sun. They did so to help makes calculations simple (see Rav Dovid Feinstein, below).

    Acknowledging this asa rounded figure, the gemara (eiruvin 56) also records the more accurate view of Rav Ada.

    Nevertheless, for seasons/tekufos and most other calculations, halacha generally follows Shmuel’s less-accurate-but-far-more-simplified approach (for reason well beyond the scope of this article; see Rabbi Bleich’s Birchas HaChama).

    So then why do we wait until December 4th? Why not switch already on November 22nd? After all, that date would be sixty days from the autumnal equinox, as correctly set on an established date in the Julius Caesar’s calendar?

    VII. 11 Minutes=Eternity

              The above-mentioned 11 minutes discrepancy in both our and the Julian calendar may not seem as much time, but over the course of centuries it can add up.

    By 1582, this discrepancy made the true Seasonal start dates off by about ten days!

    To rectify this, and to keep the seasonal start dates on more accurate footing, that same year, Pope Gregory XIII implemented two changes to the secular calendar:

    • The first thing he did was to skip-ahead ten days. Meaning, that year, on October 4th, it was agreed that the next day will be October 15th.

    While this made up for the past discrepancies, how would it protect the secular calendar from continuing to slip in the future?

    To ward of this concern, he made his second implantation.

    • An 11-minute discrepancy adds-up to a whole day every 130 years or so. So, he imposed that we simply neglect to add an extra day to leap years in Centenary Years (1700, 1800, etc. There are certain exceptions to this rule, see The Jewish Calendar by Rav Dovid Feinstein, p. 120).

          Having ‘fixed’ the Julian calendar, we now call it after his name, the Gregorian Calendar.

    It is still the one still in use today.

    VIII. Putting it All Together
       

    While it appears he ‘fixed’ the secular calendar, in reality, Pope Gregory, introduce a halachic complexity.

    As mentioned above, halacha follows the less accurate seasonal/yearly calculations of Shmuel. The original Julian calendar also followed that ‘averaged’ halachic approach. BUt with the Pope’s changes, oddly enough, we have to figure out Julius Caesar’s original calculations!

         Thankfully, this is far simpler than it may seem, and is accomplished by adding Pope Gregory’s ten skipped days, which brings sixty days from Fall to December 2nd.

    This gets us back to Shmuel’s date of starting v’sein tal.

    Why do our siddurim say December 5th?

    Well, keep in mind that Pope Gregory made rules of further skipping of days in the future. As those rules of neglecting to add a leap-year day (February 29th) came and went -as in the year 1700 – halacha would again make up for it by adding one day; e.g. in 1700 to December 3rd, again, just so as to get back to Shmuel’s ’rounded’ calculations.

    In 1800, when the Gregory’s secular calendar rules called for skipping a day for the purposes of accuracy, we added it back, pushing v’sein tal to December 4th

    … and in 1900, when the Gregory’s secular calendar rules called for skipping a day for the purposes of accuracy, we added that day back too, pushing v’sein tal to December 5th.

    Note that the year 2000 did not have a change in the Gregorian calendar.

    In 2100, when they will once again skip a leap-date, we will have to add that day back, moving v’sein tal to December 6th.

    IX. Conclusion

         In Short:

    • We follow Shmuel’s division of the seasons, although meant to be less accurate.
    • The original Julian calendar followed those rule as well.
    • Julious Ceasor wanted to have the each season fall on a set date each year
    • These alligned with Shmuel’s, and halacha
    • The Jewish calendar does not concern itslef with set dates for the yearly seasons’ and therefore, from one year to the next, the seasonal starts will fall on varying Jewish dates
    • V’sein Tal beings sixty days after Fall (the autumnal equinox)
    • For centuries we simply added sixty days to this halachicly accurate secular Fall start date
    • In 1582, Pope Gregory ‘fixed’ the calendar to make it more accurate scientifically -but not halachickly. All the days he skipped that year, we must add back so as to return us to the cheshbon of Shmuel (and, lahavdil, the Julian (cf. Machatitz Hashekel 117:1)

           Perhaps, when moshiach comes we will revert to pre-mabul arrangements, and the tilt/axis of the earth will be straightened (lulei d’mitapina -I have no source for this) causing many of these issues to become obsolete.

    Either way, may that Day come soon!

  • Houdini, Magic, and Rabbi Drachman’s Unique Bond

    Houdini, Magic, and Rabbi Drachman’s Unique Bond

    Magic, Rabbi Drachman, Sir Arthur Conan Doyle…and the Rambam?!

    In The Course of this Lengthier Four-Part-Post, Magic in Halacha Will Be Discussed

    Written by Rabbi Moshe Taub for Ami Magazine December, 2021

       Having recently constructed new book shelves, my sefarim, yarchonim (Torah journals), notes etc. were scattered for some time around my house and various offices.

        Recently I took the time to gather them together to place on my new shelves. In that process, I came across sefarim I thought were long lost as well as old shiurim handout sheets. I also rediscovered English books I had forgotten that I owned.

        One of these was a book published in 1948. It was purchased from the Cornell University Library by an unknown person. How I became its owner I do not remember, but I likely held onto it for a future Summer History Series column. At the rate our summer series is going, we will be up to the rabbanim of late 19th/early 20th century New York in some time, iy”H, so I wish to share a bit from this treasure now.

          The title of this tome is ‘The Unfailing Light’, and it is one of only a handful of such volumes. That it is an autobiography is not what makes it unique, rather what does is that it one written by a rav about his life in rabbanus.      

          Rabbi Bernard (Dov Ber) Drachman was one of the first American Orthodox rabbis to both be born a in America. Born in 1861, he was raised in Jersey City. It was a disappointment to many of his reform teachers and their leaders when this smart and energetic young man returned from studying in Europe with a semicha and declaring himself Orthodox.

        He would later go on to become the president of the Orthodox Union – which he actually assisted in forming, with the direct purpose of slowing the tide of Reform -he was a supporter of Rav Yaakov Yosef, and even translated some of Rav Hirsch’s works, specificly parts of ‘The Nineteen Letters’ (this was stunning, as some of Rabbi Drachman’s own ‘Orthodox’ teachers were named by Rav Hirsch as dangerous to our mesorah). He would even become a finalist to serve as the Chief Rabbi of Great Britain, losing in 1913 to Rav Yosef Tzvi Hertz (d. 1946; today best known for his translated-to-English ‘Hertz Chumash’).

           Over Sukkos, I wrote a feature on the history of mechitzah in America -where the first synagogue without one first occurred. There we recounted, briefly, Rav Eliezer Silver’s famous testimony in the case of the Cleveland Jewish Center.  He asserted the central role of halacha in general and mechitzah in particular. But he was not the lone voice.

        The JTA reported at the time (November 4th, 1927) “…So far the testimony of Dr. B. Drachman, Rabbi Leo Jung, Rabbi M. S. Margolies, Rabbi Eliezar Silver of Springfield, Rabbi J. L. Selzer of the Union of Orthodox Rabbis, Rabbi Herbert S. Goldstein of the Union of Orthodox Congregations and Mr. Gedaliah Bublick, editor of the Orthodox “Jewish Daily News” has been taken.  The witnesses are asked to answer to 33 questions which pertain to the charges brought by the Orthodox committee against Rabbi Goldman. Among the charges are that Rabbi Goldman had denied the Sinaitic origin of the Torah and the Decalogue, that he had permitted men and women to sit together in the synagogue…

         What I did not know at the time of that writing is that this was not the first time Rabbi Drachman fought such a Torah battle. After serving Oheb Shalom of Newark for two years, in the spring of 1887 Rabbi Drachman was hired by Congregation Beth Israel Bikkur Cholim to serve as their rav. Rabbi Drachman was engaged to be married, and very much needed this parnasah. But soon the winds of change swayed the fragile among his flock, and those susceptible to cultural swings soon demanded that their shul too shall demean the mechitzah to a religious artifact. Although he fought against it, ultimately it was up for a vote which mechitzah did not win (p 200).

        Now married, and with a family he would need to support, what was he to do? The first Shabbos after the vote he arrived in shul as if nothing happened. Likely the congregants believed that, like them, he too quickly adapted to change thereby compromising his morals.

        After leining, when the Torah was put away, it was time for the rav to speak. Many articles recount what happened next with simplicity, but his autobiography demonstrates how he had to still defeat the yetzer hara in his ear. He wondered to himself not if he should acquiesce but rather if he should choose a less dramatic venue and method to be mocheh (protest).  

         “Perhaps I should switch to an innocuous sermon” he thought to himself (p. 202). In the end, he gave his planned remarks. He was also helped by the fact his father-in-law, Mr. Weil, stopped by his home before davening to express his pride in what his new son-in-law was about to do.

       And so, to the shock of the audience this typically soft spoken man saw his voice steadily rise in passion as he discussed halacha, mesorah and the future of the children in the attendance. “I spoke with a fire and force quite unusual for me…but my feelings on the subject were so deeply stirred that once I began to speak I put my whole sould into my words”.

        He concluded his drasha with the following words, “Since they had acted in direct opposition to Biblical passages and Talmudic dicta…I no longer consider[ed] the rabbinical post at this congregation worthy one, and that, with the conclusion of the present service, I would cease to be their spiritual leader”.

            Perhaps the greatest surprise in reading him tell the story of his life is that he almost became an essential part to my background and that of both of my parents. In 1925 Rabbi Drachman was invited to become the rav of Toronto. Although tempted by the offer, he did not accept this position because his wife had just died (p.393). Toronto already had a great gaon -Rav Graubart-but perhaps the need for a new rav came when the Rav Graubart announced his departure for St. Loise (he would soon after return to his position in Toronto). Rav Graubart’s life and geonis will have to wait for another article (see HaPardes, November 1937 p.5ff for an article about his life).

         There is so much more discuss about Rabbi Drachman’s life – including working with Rav Hillel Klein to found the Vaad L’mishmeres Shabbos (Rabbi Klein was married to the granddaughter of Rav Hirsh) and his being the rabbi of one of the most famous Americans of his day…Houdini!

         Indeed, it is this last point that I want to focus on, as it relates to a serious shailah I just received. We will iy’H discuss what that current issue is next week.

        II.

    Last week we introduced the reader to the fascinating life and career of Rabbi Bernard (Dov Ber) Brachman.

         Born in New Jersey in 1861, he would go on to become one of, if the not the first American born and serving rav. I had found an old book in a box in my basement titled ‘The Unfailing Light’, which was Rabbi Brachman’s own autobiography.

         Rabbi Drachman dedicates a chapter describing the sad state of affairs when it came to the observance of Shabbos, along with his efforts to repair it. He opens this chapter by expressing his surprise that here in America when we were finally granted a constitutional right that protects religious liberty in galus is also when so many turned away from yiddeshkeit. Of course, this is an old conundrum.

        While he writes with great passion in defense of Shabbos, he also describes with delicate sensitivity the non-observant and the challenges they faced that may have led to this unholy breach.

         Together with his brother, Gustave, Rabbi Drachman worked with politicians to change New York’s laws so that the shomrei Shabbos would be better fiscally protected. He also helped found an organization helping to educate Jewish Americans about the vitality of shemiras Shabbos. He was very successful in both of these endeavors.

        Humbly, he does not mention in his book that he was elected the president of this early American vaad l’shmiras Shabbos organization, and it was left to the editors to add this fact in a footnote (p. 229). When I saw this, I was reminded of the great quote often attributed to Sir Winston Churchill that should inspire all those involved in tzarchei tzibbur b’emunah –“It is amazing what can be accomplished if one does not care who gets the credit”.

         A more humorous portion of his story is his recounting of his and other early rabbanim’s relationship with chazanim. One of the chazanim tenured at Ohab Zedek was none other than the famed Yoselle Rosenblatt. The senior rav at the time was Rabbi Phillip Klein, grandson in-law of Rav Hirsch. Rabbi Klein and Rabbi Drachman worked well together, so when the shul requested an English speaking rav to work together with Rabbi Klein, Rabbi Drachman was the obvios choice (p.278). Rabbi Drachman would switch off each Shabbos between his main shuk -Zichron Ephraim -and Ohab Zedek each week. In any event, the latter had a rotation of chazanim, no one of which impressed Rabbi Drachman. Although an appreciator of music, he would describe some chazanim by their “sometimes joyous, sometimes pathetic rendition of the prayers”. Yet, because many of these members did not have a sophisticated understating of yiddishkeit, often chazanus was their only way to feel close to Hashem. IN fact, Rabbi Drachman reports that when Rabbi Klein would give his Shabbos Hagadol derasha -which was chock-full of lomdus and erudition – “…to the ordinary layman [in attendance] they were absolutely unintelligible”. He goes on to explain that therefore “To have a chazzan for Shabbos was the highest delight of the old-time Jew…Listening to those melodious outpourings, he forgot all about the hard realities of the unkind present and felt himself transplanted to a holy realm, in the company of the saints and sages of Israel’s past”.

        As for Rosenblatt, Rabbi Drachman records that the annual income to the shul that this one chazan would bring in annually was $25,000, which corrected for inflation would equal about a quarter of a million dollars each year for the shul!

        However, as anyone familiar with rabbanus is aware, rabbis and chazanim were often like oil and water. After recounting the large funds that just Yoselle Rosenblatt brought in to the shul, he immediately then writes, “In the matter of chazanus I did not see eye to eye with my congregants”. Before explaining his reasoning, he first wants the reader to be aware that he too loves music. He spends significant space recounting yiddeshkeit’s important connection to music. He then goes on to explain how too often the chazan’s role in the shul becomes exaggerated. Davening loses its religious function and becomes more of a concert. While he admits, “Even in the case of Joseph Rosenblatt, who was a sincerely devout Jew and strictly observant in the Law -which not all chazzanim are -his repute was not due to his [very real] conscientious piety and religious loyalty, but purely his musical ability.

        Rabbi Drachman’s concern was specific for his time, when people would only come to shul for the concert, rarely daven themselves, and most certainly did not stay for the derasha.

        He goes on to express his frustration in the constant repeating of words that some chazanim utilize. He recounts, “On a certain Shabbos, a chazzannot Joseph Rosenblatt -was conducting the service.” It was rosh chodesh, and they were saying a piyyut that referenced the idea that we can’t bring the day’s korbonos because Titus destroyed the beis hamikdosh. When the chazan got to the words of that rasha “…he repeated them no less than eight times, each time in a different tone of lamentation and threnody”.

       When after a davening a member asked the rav how he enjoyed the chazan, he replied, “He is worse than Titus!” “How can you say that” asked the befuddled congregant?” “Very simple” replied Rabbi Drachman, “Titus harasha destroyed Jerusalem but he did it only once, but this chazan destroyed the Holy City and the Temple eight times!”

          Perhaps the most fascinating element of this autobiography is his description of his deep relationship with arguably the most person on earth at that time -Harry Houdini. It is hard today to understand just how celebrated this man was across the globe.

        Ironically, or perhaps by design, there is a lot of mystery surrounding Houdini’s background. While we know his real last name was Weiss, there is some debate if his father was trully a rav. In addition, many say his first name was just simply Eric/Erich. According to Rabbi Drachman, his father was a rav, and his Houdini’s real Jewish first name was Yaakov (p. 337). Rabbi Drachman even shares how Houdini and his tw siblings went to Rabbi Drachman’s shul’s cheder,which was held inside Congregation Zichron Ephraim!

         The Jewish life of Houdini, his relationship with his rav, as well as some more on Rabbi Drachman will all be discussed next week when we conclude the story of his life and rabbanus.

    III.

        Why would Sir Arthur Conan Doyle -famed creator of Sherlock Holmes– quote a hesped from a rav, and do so with the express purpose  of the world reading it?

         The above question is intriguing, based on real history, and one of the oddest sentences I’ve ever put to paper.

         For the last couple of weeks, we have been discussing the life of Rabbi Bernard (Dov Ber) Drachman, the first American-born Orthodox rabbi.

        We ended last week with a section from his published (1948) autobiography, where he makes mention of his close relationship with Harry Houdini, who was, arguably, at one time the most famous man on earth. We discovered that Houdini’s first name was Yaakov -and not simply Eric(h), as all historians believe, and how as a young child, he and his brother and sister attended the Hebrew School housed in Rabbi Drachman’s shul. We will now pick up from there.

         Houdini’s father is described by Rabbi Drachman as a rabbi, although refers to him as ‘Dr.’. I have indeed heard this fact before, and often repeated, “Did you know that Houdini was not just Jewish, but that his father was a rav?!” ‘Rav’ may be a strong term. Meir Samuel Weiss was a part of a lesser-known movement in Budapest called ‘Neolog’, a close cousin to modern-day conservative Judaism, although even this is a broad-brush description. An older woman in my shul who grew up in pre-war Hungary remembered her father not allowing her to step foot in those shuls. The full story of the Neolog’s, and how even Hungary’s Ksav Sofer once tried to approach them, will have to wait for another time, perhaps. Regardless, Rabbi M. S. Weiss was certainly learned.

           Houdini’s greatest escape may have been at the age of three, when his father fled the poverty suffered in Hungary. R. Weiss would soon become the first rabbi in Appleton, Wisconsin. Sadly, he was let go after a just a few years.

         Penniless and without skills, the Weiss’s would find themselves in New York where both father and son Eric(h) would support the family through working at the R. Richter and Sons tie factory.

       It was at around this time when Rabbi Drachman began to study with and oversee a young Yaakov/Eric(h)’s, initially preparing him for his bar mitzvah.

        Although Houdini would soon, R’l, leave yiddeshkeit, he retained his relationship with Rabbi Drachman, even during the peak of his fame. Rabbi Drachman would have Houdini to his home for seudos and sought to keep Houdini connected to the shul of his youth as much as possible.      

        Rabbi Drachman shares an amazing story of how his shul wished to raise funds so as to pay off their mortgage. He called Houdini when he had already “become a world-renowned and wealthy man”. After meeting with Houdini, he agreed to donate five-hundred dollars -which would be the equivalent of about fifteen-thousand dollars today. But Houdini had one condition (the following quote is taken directly from the book):

        “I will gladly assist your synagogue. I will give five-hundred dollars toward your fund. But I want you to do me a favor too”. Rabbi Drachman wondered what the request may be for. Houdini continued, “You remember that set of Maimonides [the Rambam’s Yad Hachazaka] you bought of [from] my father? I would like to keep it in his memory”.

       Within twenty-four hours of return the set of Rambam, the shul had the check from Houdini. Rabbi Drachman then records, “I considered it an extraordinary act of filial devotion on the part of Harry Houdini that, although his Hebrew attainments were extremely weak, and could not [himself] read the code of Maimonides, he desired to keep it out of respect for his father” (p, 338-339).

         Later in his book, Rabbi Drachman discusses the death of Houdini and he being the rabbi who ran the levaya (p. 417). This recounting brings us back to how we opened this column, as it is here that Rabbi Drachman mentions how Doyle used his hesped in one of his books.

        To get the basic background, Houdini spent his life disputing the occult, and explaining that all magic is but trickery and sleight-of-hand. In this, his view, lahavdil, matched the words of the Rambam who states that such matters are “emptiness and vanity which attracted the feebleminded” (yad, avodah zara 11:16; cf. Biur Hagra to siman 179 s.v. af al pi)).

        In this point in history, the world was obsessed with the accult and black magic, ad it was Houdini who almost single handedly taught the world that these were all fakers, actors and charlatans. He thereby changed how the world approached magic shows, and while many poskim still forbid them, some poskim were far more lenient, now that world became aware that this is simply a human skill that can be practiced and learned by anyone (Rav Moshe, Chazon Ish, Klausenberger rebbe, etc.; next week many sources will be shared).

         But not everyone was ready to let go of their ‘beliefs’. Many even believed that Houdini himself -although trying to disprove sorcery -was himself a sorcerer, and his outward cynicism was but a red-herring, a ruse, so that no one would catch on.

        One of these true believers was Sir Arthur Conan Doyle who, while writing about great detectives was a horrible one himself. After the death of Houdini, he published a bestselling book, a collection of essays, titled ‘The Edge of the Unknown’.

         There he writes, “At that burial [of Houdini] some curious and suggestive words were used by the presiding rabbi, Barnard Drachman. He said: ‘Houdini possessed a wondrous power that he never understood, and which he never revealed to anyone in life.’ Such an expression coming at so solemn a moment from one who may have been in a special position to know must show that my speculations are not extravagant or fantastic when I deal with the real source of those powers. The rabbi’s speech is to be taken with Houdini’s own remark, when he said: ‘There are some of my feats which my own wife does not know the secret of.’…”

       Rabbi Drachman was aghast that his hesped was used by some as proof that their unsophisticated worldview was correct. He explains that he meant those words in “their narrowest and simplest sense”. Simply, that Houdini was talented, and had the ability to capture attention, etc.

         But the story doesn’t end there. As we will see next week, Houdini, his relationship with Rabbi Drachman, and the returned Rambam has an impact on psak halacha till today.

     

    INSERT -ONE ARTCILE OF HIS ARRIVAL, AND ANOTHER OF HIS DEPARTURE:

    Friday, March 23, 1883, edition of The Courier-Journal. Aside for describing his upcoming class on Eishes Chayil, note how it also inconceivably asserts Dr. Weiss as being “one of the most learned Rabbis in the United States”

        The Appleton Post from Thursday, August 10

    IV.

    Now, where were we?

    Before Ami’s two wonderful Chanukah issues, we were in the midst of sharing the events surrounding the fascinating rabbinical life of Rabbi Bernard Drachman, the first American-born rav, and one of the founders of the Orthodox Union. We also spoke of his unique relationship with Houdini, who had grown up going to the Hebrew School in the very shul Rabbi Drachman would go on to serve as rav.

    We will conclude his life this week where we will also touch upon a shailah with which every rav has had to deal -especially if their shul has a special youth department, a pirchei, etc.

    One of Houdini’s life missions was to prove that magicians have no special powers. He travelled the word seeking to disprove the acts of psychics, shamans and other artists of the ‘occult’. The reader should note that until this undertaking, most audiences earnestly believed that magicians had special powers. The magicians themselves not only did nothing to dispel this thinking but would advertise as being the real deal! (See the book ‘Learned Pigs’ by R. Jay where he describes how these acts were presented and were viewed by audiences throughout history).

    Therefore, not wishing to admit being bamboozled, many attacked Houdini’s mission. We even made mention how Sir Author Conan Doyle sought to use Rav Drachman’s hesped for Houdini to prove that even Houdini’s rav was aware of his ‘secret powers’.

    But there was one story that is steeped in irony, that will then lead us to our shailah -Houdini’s Rambam.

    After Houdini agreed to donate five-hundred dollars to Rabbi Drachman’s shul -a huge sum in those days – he had laid-down one condition (what follows is verbatim from his autobiography).

    “You remember that set of Maimonides [the Rambam’s Yad Hachazaka] you bought of [from] my father? I would like to keep it in his memory”.

    Rabbi Drachman then records, “I considered it an extraordinary act of filial devotion on the part of Harry Houdini that, although his Hebrew attainments were extremely weak, and could not [himself] read the code of Maimonides, he desired to keep it out of respect for his father” (‘The Unfailing Light’, p. 338-339).

    Little did Houdini know that the Rambam may have held the strictest view when it came to the practice of magic. In line with this new 20th century movement, after describing all matters of the occult -from witchcraft, incantations, talking to the dead, magic, etc. -the Rambam concludes with the following words (Yad, avodah zara, 11:16):

    “All the above matters are falsehood and lies…. It is not fitting for the Jews who are wise sages to be drawn into such emptiness…Whoever believes in [occult arts] of this nature and, in his heart, thinks that they are true and words of wisdom yet are forbidden by the Torah, is foolish and feebleminded…The masters of wisdom and those of perfect knowledge know with clear proof that all these crafts which the Torah forbade are not reflections of wisdom, but rather, emptiness and vanity which attracted the feebleminded and caused them to abandon all the paths of truth. For these reasons, when the Torah warned against all these empty matters, it advised (Devarim 18:13) ‘Be of perfect faith with God, your Lord.’”

    After speaking to magicians -both frum and non-Jewish -in preparation for this article, it is clear that today any magician who even hints at having any ‘special powers’ is mamash excommunicated from their community. In other words – Houdini had great success in his mission.

    Does this in any way effect halacha today? Does the fact that the audience is keenly aware, that it is fake, change its halachic status? Can we assume that they all have such an awareness?

    Many camps, Beis Yaakovs, Shuls, etc. hire (frum) magicians from time-to-time. Should their rabbanim put an end to it?

    Some may opine that, it would appear, according to the Rambam who mentions specifically the prohibition of ‘achizas aneyim’- which seemingly means stam illusions -Houdini’s influence on the world is then of no matter. For, Rambam appears to hold that magic has always been fake, and therefore that is precisely what the Torah prohibited! (For explanations as to how Rambam could hold a view that seems counter to many chazals, see Vilna Gaon in his Hagoas HaGra to Shulchan Aruch, yoreh deah, siman 179; shu’t Rashba 413; shu’t Radvaz 5:63; see below shu’t Igros Moshe for a novel reading of Rambam; see also the yarchan ‘Talpiot’, Tammuz 5709)

    However, many others – such as the Ramban to Devarim ibid., Nemukei Yosef to Sanhedrin 16b, Rav Yehudah HaLevi in Kuzari 1:79, Maharal in Gur Aryeh to Bereishis 25 and Shemos 8, Ramchal in Derech Hashem 3:3, et al. – differ from Rambam and discuss the concept and the force behind real magic (still forbidden to practice!), as well as why it was created, and if this tradition is still known today.

    The famed R’ Menashe ben Yisroel – about whom we spent much time discussing in our summer history series – writes that while the real forbidden magic about which the Torah speaks is no longer fully extant, it may still be found in pockets of India (Nishmas Chaim, p.186 in Hebrewbooks edition). Rav Shach is famously quoted as relaying a mesorah from the Chofetz Chaim that remnants of this forbidden tradition are found today mostly in Africa, somewhat in India, and a little among Native Americans.

    Some would assume that this debate among rishonim -and lahavdil the mission of Houdini – is at the heart of how to view sleight of hand today, where the magicians wants the audience to know it is not real.

    Before sharing the views of the major chadisheh and litvehshe poskim, it is fascinating to point out how some linguists trace the word ‘magic’ to a gemara in Sota 22a. There the gemara speaks of someone who issues halachic rulings without understanding the background. One view there states that such a person is like a ‘magush’; meaning a magician who says incantations without knowing their meaning (see ‘A Jewish Guide To The Mysterious’-with haskomos from gedolim -p. 291 note 3).

    A more known connection to yiddeshkeit may have as its first source Rabbi Aryeh Kaplan’s hakadama to Sefer Yetzira (p. xvi). The gemara famously shares how Rava created a golem. The expression used is rava bara gavra (Sanhedrin 65b). He goes on to suggest that the term ‘Abracadabra’ comes from the Aramaic term ‘abrey k’adabrei -I will create as I speak’.

    A few years ago, a sefer was published with haskamos from many leading poskim – like Rav Shlomo Miller – and written by Rav Rephoel Szmeria of Lakewood. In it, the author explicates the views of the rishonim regarding any alternative medical therapy and if violates any number of halachos. He wonderfully elucidates the above Rambam and how it applies to many things around us that science may have a hard time explaining. I highly recommend this sefer, titled ‘Alternative Medicine in Halacha’, Feldheim, especially the latter (Hebrew) section of this sefer. Indeed, I often call the mechaber when issues that relate to his focus come up in my shul or work.

    So, how do we rule? Can one’s shul hire a magician for Avos U’Banim?

    Of course, the rav of each shul will have to decide.

    For instance, the Radvaz, (Metzudas Dovid, #61, first column) states “It is difficult for me to comprehend that the Torah prohibits mere trickery and sleight-of-hand”. Rav Moshe Feinstein, who after an innovative approach to the Rambam, demonstrates from the speed of Naftali, the strength of Shimshon and other natural-but-rare skills found in tanach that natural talent- no matter how baffling- would always be allowed. He says, however, that he would seek to avoid answering a direct shailah relating to magic (Igros Moshe, y’d 4:13). The previous Klausenberger rebbe was similarly inclined to be lenient, but wished to keep it theoretical (Divrei Yatziv 1:57; see also Sefer Hachinuch 250) and lhbch’lch Rav Moshe Shternbuch felt that so long as the magician makes it clear that it is all illusion and sleight-of-hand it is allowed, although regarding certain illusions stringency may be warrented (Teshuvos V’Hanhagos 1:455).

    However, many other poskim follow the words of Rav Avraham Danzig (d. 1820) who disallowed even a badchan who performs tricks for a chosson and kalla (Chochmas Adam 89:6). Although, even regarding this strict view, some differentiate depending on what type of magic is being performed (shu’t Btzel Hachachmah, 4:13 end of os vav)

    Everyone should of course follow the psak of their own rav.

    Let us end with the words of the Nefesh Hachaim (3:12; see A Jewish Guide, ibid. p. 313), that we should approach our lives with temimus, and put our faith only in Hashem.

  • Understanding Yartzeit Customs: A Deep Dive

    Understanding Yartzeit Customs: A Deep Dive

    Tikkun? Candle? Aliyos? The Shabbos Before? Yartzeit Questions, Answers and Conundrums

    November, 2021

          My eldest daughter was named for my mother a’h. This was an easy choice, as she was born on the third day of shiva. That daughter is now back from seminary and entering shiduchim; it’s hard to believe how fast time has flown.

         My mother was the consummate rebbitzen -having fed thousands and thousands, as well taught many (including innumerable kallos)-and was taken young.

         As this is the week of her yartzeit, it is a good opportunity to discuss some interesting yartzeit issues, relating to rabbanus, hashkafos and interesting shailos.

        This week we will focus on some of the fascinating minhagim we tend to associate with yartzeit.

    1.  Birthday or Day of Death?

          A member once asked me, “If we wish to celebrate and remember a life lived and deeds accomplished, would it not be more apropos to accomplish that task by using their date of arrival into this fleeting world, as opposed to their departure from it?”

         This question was posed by, among others, Rav Chaim Friedlander (Sifsei Chaim, moadim, vol. 2, p. 44).

         He explains that when a person is first born he is an empty vessel. His bechira may bring him to choose good, or, R’l, bad. It is only now, when they are niftar, when we know for certain who they became. More, we are commemorating the day that the niftar himself discovered who he was -when they received a full account and schar for a life well-lived.

       In other words, one’s yartzeit is not so much their ‘day of death’, but rather their true birthday, when they first entered the kingdom of their olam hanitzchi (their eternal world).

           Rav Moshe Heineman of Baltimore added to this idea by suggesting a novel insight. The word for mourner in lashon hakodosh is avel.     

          Perhaps that root was chosen so as to be shared with the word aval which means the ‘kushta d’milsa -essence of truth’, as in ‘…aval anachnu v’avosienu chatunu’. An avel too only now can testify as to the essence of who this person was and how they ended-up living their life (quoted in the astounding Kol Bo L’Yartzeit, vol. 1, p. 71 note 97, by Rav Aaron Levine zt’l).

    1. Tikkun?

       As I have gotten older, I try not to eat anything heavy in the morning. But as a rav this presents a problem when after davening someone announces “I am making a tikkun in the beis midrash, on the back table, for my father…” There one finds cakes and cookies, as well as kol minei mashkeh. Well, it wouldn’t be right of I didn’t eat anything….

         What is the source for this practice? What is its purpose?

    What makes this minhag even more peculiar is that, if anything, there is a concept of fasting on a yartzeit (Shulchan Aruch, Rema, yoreh deah 376:5 in the name of the Rivash), and although today many, if not most, are lenient, why would we publicly do the opposite?

       Indeed, Rav Yaakov Kamanetzky once commentated that in Europe he saw many who put out a tikkun on a yartzeit, yet only in America did he first see the baal yartzeit himself also be from those who ate from it (ibid. p. 287, note 197).

    • The main source behind this custom comes from a sefer titled Chesed L’Avraham/Shaar HaEmunah. In its introduction to its commentary to the Mishnah it states: “…we can no longer (easily) fast on a yartzeit…we therefore fulfill the mitzvos of tzedakah and hachnasas orchim instead…by gathering a group of friends to have a joyous and unified food and drink, as a seudah among friends is also hachanasas orchim….achdus is what Hashem wishes for…such a meal has the status of a korban…because some may not be able to afford a lavish feast, nevertheless they simply put out some mezonos and whiskey…this is a great tzedakah -to give a friend some whiskey to drink [especially on an empty stomach -see Nachalas Shiva], as this works to strengthen their heart…

        It is magnificent that we all make a simple a tikkun for the benefit of the poor; if only we would do the same for weddings.

    • Rav Yaakov Yitzchak Weiss (d. 1989; shu’t Minchas Yitzchak 6:135) offers further rational for this minhag. He reminds us that a yartzeit is an ominous day, specifically for one’s mazal. Therefore, having friends wish him a l’chaim on this day is no small matter. He goes on to point out that the gematria for l’chaim is minhag! In that, by simply keeping a minhag -like the tikkun- one can nullify a negative din.
    • There are many others who seek to explain the reasoning behind the tikkun. In the sefer Hadras Kodesh (78) he suggests that since the atonement for stealing when one doesn’t know from whom he stole is to do tzarchei rabbim, so as to protect the niftar from any unkown theft for which he now has no way of returning the children peform this pubic service.

         In fact, the previous Klausenberger rebbe posited that the tikkun helps the neshama more so than davening for the amud (first edition Piskei Teshuvos to Shabbos, p. 68)!

    II. Flames and Forgetfulness

         Several years ago a member of my shul called in a state of panic. Through tears they explained that they misunderstood when the first yartzeit would be for her father. Now, four days later she realized her error. He chief concern was that she did not light a yartzeit licht.

           Perhaps the most famous minhag for a yartzeit is to light a candle, as indeed these types of candles bare the name ‘yartzeit candles’.

          Many may be surprised to learn that this minhag is not mentioned in the classic poskim, first mentioned by Rav Shlomo Luria (d. 1573; shu’t Mararshal # 46).

          The closest remez we find in the Shulchan Aruch is by hilchos yom kippur where the Rema tells us that we are to light a ‘ner neshama’ for departed parents before Yom Kippur (siman 610:4).

         However, although only a minhag, many seek sources from the times of chazal. For instance, the Mishnah makes reference to a flame for the departed (Berachos 8:1); the midrash teaches us that when Avraham stumbled upon maaros hamachpeilah he found Adam and Chava laying down ‘sleeping’ with neros upon their heads (Pirkei D’Rav Elazar, ch.36); some sefarim conjecture that the ner maarivi of the menorah in the beis hamikdosh that was always lit was for the departed neshamos of klal yisroel (see Darchei Chaim, and ibid. p. 303 note 219); most famously is the verse ‘ner hashem nishmas adam-the lamp of Hashem is the soul of man…’ (Misheli 20:27; see sefer Nachamu Ami p. 50 for more suggested sources for the yartzeit candle).

          Nevertheless, the sifrei kaballah speak about the great importance and power of the yartzeit candle, even expressing the nachas ruach (peaceful state) it can bring to the departed (see Maaver Yavak, ch. 15).

         So, what about this woman who forgot to light?

             Unlike the requirement of Shabbos candles – for which there may be a fine should one forget – a forgotten yartzeit candle would not carry such a penalty (however, see shu’t Minchas Arhon 2:66, p. 221 who indeed does suggest such a fine -to light two candles every year going forward!).

          If one remembers when it is still the yartzeit -even moments before sundown – then they should of course light right away.

          But in a case when only remembers the next day, Rav Chaim Kinievsky told Rav Ahron Levine zt’l that one may light the next night (this is not an ayin hara). However, both Rav Scheinberg zt’l and Rav Elyahsiv zt’l told Rav Levine that there is no purpose to light after the yartzeit has passed. Rather, one should simply give to tzedakah the amount of value of a candle and oil.

           Some sugesst that one should pay for candles/electric costs of the neros by the amud (shu’t Be’er Moshe 8:112).

          In fact, the Chasam Sofer writes that giving to tzedakah is always the better option for the neshama than lighting a candle (shu’t Chasam Sofer, 6:27, s.v ya’an).

          Although we do not follow the view of the Chasam Sofer, I told the woman that she will be able to follow his minhag just this year, and next year she can return to the Maharshal and others who say to light.

      III. Source For Yartzeit?

          It is indeed fascinating that the development of the yearly yartzeit is without a clear marking point. While some point to tanach (see Shoftim 11:40; II Divrei Hayamim 32:33; II Shmuel 1:12), most dismiss these as being the source for our current minhag.

            Even the minhag of simply reciting kaddish on a yartzeit is without clear provenance. While some claim it was a takana from ashkanaz (Keser Shem Tov vol. one p. 101), others suggest that this minhag dates back to the days of Rav Hai Gaon (see Otzar HaGeonim, mashkin, p. 79).

            Some point to various gemaras that may allude to our minhag of a yearly yartzeit (see, e.g. nedarim 12a and shavuos 20a).

            Whatever its source -it is certainly a part of the fabric of yiddeshkeit after it became accepted practice, we must wonder what precise purpose it serves.

        • Now, the average person may say, “It is simply a day to remember one’s parent”. While that reasoning may sound unsophisticated, it is in fact one of the many reasons given. The gemara teaches us that the mitzvah of kibbud av v’em applies even after a parent’s death (kiddushin 31b), and based on this the Torah Temima states, “There is no greater failure in proper kavod (for one’s parent) than forgetting them and their memory after their demise, for this demonstrates that (the child) lacks recognition as to their importance and feelings of love toward them…and since chazal state that forgetfulness begins after twelve months…we establish such a day every year (every twelve months)…” (Mekor Baruch 2:15; see also Sefer Chasidim #231).
        • Some explain that the minhag of a yartzeit is due to the fact that each neshama is judged on the day they departed from this fleeting world to see if it should be granted an even higher position in shomayim. Their progeny therefore performs special acts, and certain mitzvos, in their zechus (see Panim Yaffos to parshas Bahaloschah).
        • Others take an entirely different approach. Because the day one commemorates a parent’s yartzeit is a day of ‘reyah d’mazlei -bad mazal’(and because of this, one commemorating a yartzeit avoids travel etc.), the child spends the day in taanis and teffila in order to protect themselves. Indeed, the Chasam Sofer writes that such days should be considered as yimey teshuvah for the rest of one’s lives (shu’t Chasam Sofer, y’d 156).
        • There are many more approaches, but there is one final one I wish to share, as it had a tremendous impact on those in my in shul with whom I shared it. Kol Bo L’Yartzeit brings from Rav Dovid Asaf (sefer Yalkut Das V’Din, p. 76) that the goal of and the particular sadness we feel on a yartzeit is due to the fact that we are victims of our own success. Every mitzvah we peform, any chesed we do and all the Torah that we learn is all due to those who raised us. These zechusim cause our parents to ascend even higher into heights of shomayim. Therefore, since it is on the yartzeit when they receive their new elevated status (see below for more details), each year we become more and more distant from them, as they ascend. We are mournful of the now even greater distance between us!

             IV. Rabbis First?

        I have written in the past regarding what to do when a rav is one of a few who share a yartzeit, I see my job by such conflicts as being the mevatter; as this is the perfect opportunity to demonstrate to congregants how to act and avoid machlokos. Not all rabbanim agree. They cogently argue that the zechus for one’s parent’s neshama is not the child’s to be mevatter. However, my feeling is that if my precedent can help avoid many future fights this may be the bigger zechus. In fact, Rav Nosson Gestetner tz’l lists nineteen reasons to be mivatter the amud or kaddish if it may avoid machlokos (kuntros Mikdash Me’at, ch. 7).

            The other week was my first year I can recall where -as a rav -I had the amud and maftir all to myself -as the one member with whom I shared this yartzeit moved to eretz yisroel.

        V. The Shabbos Before

              There is a minhag that the Shabbos before a yartzeit one should seek to get an aliyah (Shaarei Efraim 9:42) and daven for the amud (Rav Chaim Vital). What is the reason behind this custom?

          • The sifrei kabala teach us that the main judgment for an aliyah for each neshama is done each year on the Shabbos before a yartzeit Therefore, we try to perform extra mitzvos on that day in their honor.
          • One of the reasons given for our reading of the haftara each Shabbos is due to a historical gezeira against us disallowing public reading of the Torah. Because this represents a dark period, we end with berachos that include being ‘ne’eman’ in the ‘tzikkus’ of Hashem. This is reminiscent of the tziduk hadin said at a levaya.
          • Since these berachos make specific mention to bendovid and the coming geulah, they are reminiscent of kaddish.

                 In fact while not mentioning this specific practice, the Shulchan Aruch does mention the idea of an avel getting maftir throughout his first year (Rema, y’d, 376:4).

             Nevertheless, and while an important minhag, because its origin is not clear, such an aliyah is last in line. A chasan (on the Shabbos before and after his weeding), bar mitzvah, father of a newborn etc. may all take precedence.

              This minhag can also lead to rabbinic quandaries. Several members may have a yartzeit during a coming week. How does a shul choose who gets maftir, an aliyah or is given the amud? While the Magen Avraham (siman 324) says to make a gorel/lottery between them, there are poskim who offer a different calculus. For example, the Chofetz Chaim (Biur Halacha, siman 237) says that if one of the sons is a talmud chacham he should be the one to get it. In modern times, such a practice can lead to its own machlokos, as the reader can only imagine. How would explain my decision? “You sir are an am Haaretz, so sorry”? (see also mishneh to gittin 59a for a similar concern).

              Others suggest the opposite approach: since the talmud chacham will have others ways to uplift their parent’s neshama, let the simpleton have this zechus (Chida; see Shaarei Rachamim to Shaarei Efriam 2:5 and 9:19).

             Some suggest that a father’s yartzeit takes precedence over a mother’s. This is due to the fact that we have to assume a male -with more mitzvos, and for other reasons -may have more sins to atone for than a woman (Kol Bo L’Yartzeit, p.354 note 23)!

              However, in practice we always view to members as equals. As Dayan Felder from Toronto cogently points out, this is not about kavod but rather a mitzvah. Therefore, all are deemed equal (Yesodei Yeshurin vol. 2).

             

        1. Guns & Halacha: In Shul & On Shabbos

          November, 2021

              Among the many shul and rabbinical challenges over these difficult past two years was the issue of security. Cases of hate ‘events’ against shuls and frum people were on the rise -from the severe to the petty -and balla battim were understandably concerned.

             For some, the additional security apparatuses we put in place was enough -from panic buttons fashioned all around the shul to security guards. But others wished to have even more reassurance.

              These people requested that those members with active carry licenses should be able to bring their gun to shul. More, I was informed that there are frum organizations that train members in creating a wise protection and defense group within the shul. They give courses in shooting, defense and fighting.

              Suffice it to say that most shul memberships are divided on these issues, as the topic of gun control is a hot button issue. So while many would feel more at ease if responsible and trained members have guns, others feel the exact opposite.

              This is a debate that far proceeds American politics, and it is indeed one that goes back to parshas Bereishis (4:23 with Kli Yakar s.v. ki and yeled)).

               Lemach had three sons. The first he taught shepherding, the second music, and the third he taught war and weapon fashioning and handling.  His wives were not happy with this last development. But Lemach responded (and this is a direct translation) “It is not weapons that kill people, rather people kill people, and this can be done with no weapons…” So we see, clearly, ein davar chadash tachas hashamash -there is nothing new under the sun!

              In addition to the politics is the issue of the halacha of guns in general and in a beis haknesses.

               In the parsha of Pinchas killing Zimri, we find Pinchas making a point to first exit the assembly of bnei yisroel and to only then take his weapon:

               “Vayakom m’toch ha’eidah, vayikach romach b’yado -He arose from amidst the assembly and he took a spear in his hand (Bamidbar 25:7)

             From this pasuk chazal conclude:

               “From here, we learn that one does not enter the beis hamedrash with a weapon” (Sanhedrin 82a).

               However, curiously, when the Shulchan Aruch records this halacha (151:6) he does so in a measured way, and specifies a particle type of weapon: “Some say that it’s forbidden to (even) enter (a Shul) with a long knife…”

                Why would the Shulchan Aruch write ‘some say’ when it is a clear gemara?

             Some suggest that this because the gemara only references a beis hamidresh which has a higher degree of kedusha than a shul, so perhaps this ruling does not extend to a shul (see sources in shu’t Tzitz Eliezar 10:18).

            Nevertheless, we pasken like this halacha, disallowing weapons even in a shul.

              The poskim explain the reason behind this halacha as being due to teffila carrying the power to extend life. We therefore avoid materials that could, chalilah, shorten it.

               Based on this reasoning, this halacha would apply to any deadly weapon, not just a knife or spear. Also, because it is the act of teffilah that invites this concern, some suggest that even one davening at home should remove all weapons from that room during that time.

                Some poskim suggest that the reason the Shulchan Aruch specifies a ‘long knife’ is due to the fact that it is difficult to conceal. A short knife may therefore be allowed (see, e.g., Taz at length). Some see this as a possible allowance for guns in shul as well –when held discreetly in holsters or covered with one’s tallis.      

               However, even if one accepts this sevara, a tool, unlike a knife, that is only used as a weapon of war, like a gun, may still be a concern in just being in a shul, even if concealed (see Tzitz Eliezar ibid.).

             In the end, we seem to pasken that it is best not to bring even a small, concealed gun into shul. If that is difficult, then one should remove the bullets. At the very least, no one should be able to sense that the gun is there.

              However, in the words of the Tzitz Eliezar, the above is only true in times of low/no security risk. Yet, if there is a threat, then of course a gun would be allowed in a shul (although it should still be concealed if possible). He goes on to suggest that a soldier may have an additional heter in that his gun is seen simply as part-and-parcel with his standard attire and his weapons therefore do not bring any unique attention that counter teffila.

              But the above halacha is not the only concern. Most balla battim who are demanding guns in shul are asking for this specifically on Shabbos.

               Now. there is some debate at to which category of muktzah a gun falls under –which makes a significant difference in how one may or may not handle such weapons when not in a moment of danger (see Shemiras Shabbos K’Hilchoso ch.20 footnote 29; cf., e.g., Shulchan Shlomo 308:16, Nishmas Avraham 308:19;6, and shu’t Rivivos Efraim 4:88).

              Most assert that a gun does have a usage that concerns no melacha, making it a kli shemelachto l’heter (Shulchan Shlomo, ibid.)and allowed to be handled on Shabbos.

              What is this usage> Well, by simply brandishing a gun one can put fear in the heart of one’s attacker. Indeed, that may be guns most common usage -not being used to shoot but rather to scare.

              Many of us have seen frum IDF soldiers carry guns on Shabbos even when in a safe and protected area. This is the IDF’s policy, and found in their ‘Toras HaMachaneh’: all soldiers should carry weapons on Shabbos when active, even when not for protection.

              Yet for non-soldiers, what type of risk would allow one to carry a gun on Shabbos, both in lieu of those who say it is indeed a muktzah concern, and in a place with no eruv?

             After the Har Nof massacre in a shul, their Chief Rabbi, Rav Dovid Yosef (son of Rav Ovadia) ruled on this and a number of Shabbos/gun issues (interview on Kol B’Rama radio, 26th of cheshvan 2014).

              He first made a point to state that while it is true that nothing stands in the way of pikuach nefesh, this doesn’t mean that we should have a needless amount of protection on Shabbos kodesh. “One needs to act based on the potential of saving even one life, and not based on sheer panic or dread”, he said.

             However, he continued to state that due to the pressing threats, all those who own a gun should have it on their person on Shabbos.

              Dealing with issues of carrying is far more severe, as one may be potentially dealing with a deoraisa. Therefore, a rav may suggest that such weapons be kept safely in shul, or to carry with a shinuy.

            Some may wonder that, perhaps, we should hire a private, non-Jewish security force be hired to avoid these issues. However, the Shulchan Aruch rules (328:12) that when it comes to sakana it is wiser to have a Jew be the one to be mechalel Shabbos (cf. Rema; see Aruch HaShulchan at length).

                While we hope that the risk today in America is nominal at worst, each rav will have to decide what is best for their individual shuls. As Rav Moshe Feinstein writes in a teshuva, emunas chachamim in our leaders –and their decisions – alone can be its own great source of protection and beracha.

        2. Hoshanos:                  Understanding the Hoshana Chart & Daily Order Found in the Siddur

          Hoshanos: Understanding the Hoshana Chart & Daily Order Found in the Siddur

          And Some Calendar Anomalies

             October, 2021

          The Special Inspector General for Afghanistan Reconstruction, or SIGAR, was formalized under the Bush administration. Its mission is self-explanatory.

                Leading into our current yom tov season, when the blunder in Afghanistan began to unfold, SIGAR published a one-hundred-and-forty page document titled ‘What We Need to Learn: Lessons from Twenty Years of Afghanistan Reconstruction’.

             It is an intense and eye-opening read, and opens with these introductory remarks:

          “‘What We Need to Learn: Lessons from Twenty Years of Afghanistan Reconstruction’ is the 11th lessons learned report issued by the Special Inspector General for Afghanistan Reconstruction…”

          What an amazing quote, their 11th ‘Lessons Learned’ Report?!

             I told my kehilla that this is the perfect introduction to the yom tov season, as depending on our age, this will be our own ‘Xth Lessons Learned Report’.

             I was not referring only to the yimei hadin and our need to always assess our standing, but the yimei simcha of sukkos as well.

              Things change, causing many changes and reevaluations, be it in theatre of battle, or even. lahavdil, our actual calendar.

              In this column I will demonstrate the many unique qualities of this coming year.

               A member commented to me that we ‘never’ have Sukkos in September. This is a misconception. Sukkos occurring at all in September happens about fifty percent of years. To have it fall like this completely in this month actually happens about thirty percent of years (34.4% to be exact).

               Many have suggested that this year is unique in that it is both a Shemitta year and a leap year. This is an understamble concern, as we would be extending a difficult year for farmers. Indeed Rashi makes this same point when the gemara teaches us that we may not create a shemitta during a leap year (Sanhedrin 12).

             So how come we see this phenomenon somewhat regularly? We last saw this type of leap/shemitta year in 2008, and we will iyH see it again in 2043. Rav Heber of Baltimore, in his sefer Shaarei Zemanim (siman 9) explains (see also shu’t Seridei Eish 1:39) that rule of not extended a shemitta year by adding an extra adar is when the desire to do so is due to communal concerns – such as giving time to fix roads before the annual Pesach pilgrimage. However, for the other reason leap years are mandated, we can and must do so, even during shemitta. The Torah teaches us that Pesach must be in the spring. One of the goals of a leap year is to keep each yom tov in its proper season. This concern trumps the Shemitta concern.

             We see this concern this year beginning to creep up now –as elul zman began mid-August. In order to fix this  

          Growing time-gap, a leap year is now critical.

                But this year has been a unique calendar yom tov season too, especially for a rav.

              Whenever there is a year when erev Pesach will be falling out on Shabbos, that year’s Rosh Hashana will be falling out on a Tuesday, and Sukkos Monday night. This happened only twelve times in the 20th century, and will happen twelve times in the 21’st (2199 being its last). So don’t fret just because this year’s chol hamoed schedule is not made for long trips; it happens rarely.

              Leading into this yom tov season, this came to mind as I read the pizmonim avoneinu’ and all ofthe ‘seventh day’ selichos – as they to are only recited about twelve times a century!

              It being an earlier yom tov season also allowed for Shabbos shuva to fall on September 11th, the 20th anniversary of that fateful day, thereby creating an opening to give over a derasha that seaks directly to our vulnerability and the fleeting nature of hai almah.

             A member approached me after the derasha with an amazing thought. I had mentioned the question regarding the term ‘ashamnu m’kol am-we are more guilty than any nation’. How could this be? I asked. Not ‘than some nations’, but ‘all’?!

               Many answers have been proposed. Rav Levi Yitzchok suggested that perhaps our translation of this phrase is askew. Instead of translating it ‘worse than all nations’, this phrase can also be read as follows: “ashamnu? M’kol am! –are we guilty? If so this is due to the influence of and pressures from the other nations’.

               Rav Sorotzkin suggests this phrase should be perhaps rendered as a question, “Are we worse, more guilty, than the other nations?

              This balabuss however had a different approach. Klal yisroel is given this gift of elul, selichos, teffilos Rosh Hashana, aseres yimei teshuva, the ninth of tishrei, Yom Kippur, Sukkos, Hoshanah Rabbah and Shemini Atzeres. All of these days are designed to allow us space to revaluate our relationship with Hashem and with each other. But with this gift comes responsibility. If we waste these days, if we retreat and disregard the influence of these days than we become culpable; maybe even more so than all other nations.

             Perhaps this is why we chose the pizmonim avoneinu’ to be said only during this type of year. Precisely because we have an extra day of selichos, an extra day to become close to Hashem, our responsibility is that much greater, and so we beseech Him over-and-over again in this pizmon, “Do not rebuke us in Your anger…’

           Interestingly, this is not the earliest that Sukkos could fall out. In 1994 the yom tov season began two days earlier (September 5th). This will happen again in 2089 and 2146. After that, the next time this will happen again for another….seventy-five thousand years!

               Because of the early nature this year –and the days on which the yom tovim fall –rabbanim had but a day-and-a- half to prepare Shabbos shuva, and shuls such as ours that sell daled minnim had to begin this work early in the summer.

                As it relates to Sukkos, this year is anomalous for a different reason –its anomaly is that its normal! What do I mean?

             Each day of Sukkos we have hoshanos. Every reader is familiar with the chart in each siddur explaining how each day’s hoshanos may change depending on which days Sukkos falls out.

              The Machatitz Hashekel states (siman 662:4) “The reason for this order I have not found, save for in the words of the Levush…”.

          He goes on to give us the reasons for some of this ordering:

             The day before Hoshana Rabbah should always be Adon Hamoshia. This is because it references rain, and rain on Sukkos is a siman kelela, so we save it to the end.

          The first day of chol hamoed should always be E’Erach Shuey. This is because it references our prayer and fasting, i.e. Yom Kippur. While we should really begin yom tov with its recital –as the Rokeach and others indeed argue – however due its acting as a formal prayer and because the first day of chol hamoed is the same day of the week Yom Kippur falls, we save it for then. And, of curse, the first day of Sukkos is always to be Lmaan Amituch.

              However, there is a hiccup. On the Shabbos of Sukkos the hoshanah is always to be Oim Netzorah.

              This means that if Shabbos is on the first day –when Lmaan Amituch should be said – or on the first day of chol hamoed –when E’Erach Shuey should be said Oim Netzorah would push them to another day.

             Because of this, each year the standard order needs to be modified every year….accet this year!

              This is the one calendar year Sukkos (out of four options) where all the hashonos stay in place! This can only happen when Shabbos does not take place on the day Yom Kippur fell (thereby moving E’Erach Shuey) or if Shabbos falls out the day before erev Hoshana Rabbah (thereby totally removing the hoshana for rain), or if Shabbos is the first day of Sukkos (thereby pushing aside the typical first hoshanos of L’maan Amituch).

              In the midst of this anomalous year, and after all the strangeness, horror, and tragedy of the past twenty months, it is nce to have something stay unchanged.

              May the only change to come next be the arrival of moshiach tzikainu!

             Good yom tov!

        3. The ‘Second Day’ of Yom Tov Explained

          Yom Tov Sheni
          &
          the Misunderstand of the History and Logic Behind this Halacha

          See also the following posts:
          Visiting Israel & the Second Day/Yom Tov Sheni: the Debate Explained

          October, 2021

          Space, Time and the Second Day of Yom Tov

          I.

             Every year at this time I receive two common, albeit conflicting, questions. The first goes something like this:

             “Rabbi, this particular yom tov season is so exhausting. Of course we thankful for all the amazing mitzvos with which Hashem gifted us, but are two days of yom tov still necessary?”

          The second, usually asked by younger members, is as follows:

          “Rabbi, should not Yom Kippur have two days our of doubt, like any other biblical day?”

               So many mitzvos come down to the two factors of space and time.

           Zman itself may share its root with zimun, order. Without time there is no order, and without order there is no halacha.

                For this reason did the Syrian-Greeks wish to ban the keeping of Rosh Chodesh. Without our calendar our system collapses.

                 Kedusha can also exist inside a vacuum of space. Sometimes we create it (a shul, a beis midrash) and sometimes it is imbued so from above (the macheneh shechina, the beis hamikdosh, not to mention the heady topic of tzimtzum). Indeed the word for space –makom – is often used as a term of endearment for Hashem, as it is He, and His Torah that imbues a space with its holiness (See Meshech Chochma to Moshe’s smashing of the luchos for a fundamental discussion of this point).

               Sometimes these two values of space/time can merge, such as by a shemitah year, like we just entered into. On the one hand it comes about but once every seven years; and on the other hand it exits only within very specific boundaries.

               However where the time-space dichotomy is most mystifying, most vexing to common halachik practice is Yom Tov Sheni Shel Golyos.

               There is no greater example of a seemingly purely zman-based mitzvah than our yomim tovimzman simchaseinu, zman cheiruseinu, etc. -and yet, which days are kept hinges upon the makom, the space, of the individual.

             Let us start at the beginning…

          II.

          Yom Tov, the Calendar, and Chazal

                 The gemara (Shabbos 75a) teaches us that when the Torah exclaims that our nation’s wisdom will be apparent to the nations of the world (Devarim 4:6) it was referring to the art of calendaring, which in its classic and most basic form is a system of witnesses testifying to beis din regarding a new moon.

              Rav Yitzchak Hutner (Sefer Zichronos, pp. 164-165) wonders what is so special about the calendar that it demonstrates our wisdom; are we not simply following a simple system of witnesses? Furthermore, Rav Hutner wonders, why this was also  our first mitzvah (Bo, 12:2 the mitzvah of sanctifying the month i.e. our calendar system)? Certainly we must have always had some form of time-keeping method before this! Would it not therefore have been more symbolic to introduce us to the Torah with something more novel?

              Before sharing his stunning answer, let’s propose the following. What if we never sanctified the months one year during the time of the beis hamkidosh; would yom tov happen with-or-without us? The Raaved (Toras Kohanim, Emor) is of the opinion that the moadim will spontaneously exist on their respective dates even if we do not sanctify and/or declare the months. The opinion of the Ritvah however is that the chachamim were actually given full power, in that if they do not declare it, even the moados cannot take place (Chulin 101b, s.v. eleh)!

               In fact the shu’t Avnei Nezer (301:6) suggests that when chazal teach (Sanhedrin 10b) that should no witnesses come then shomayim sanctifies the month, it only means that Hashem, as it were, gives His stamp of approval on beis din’s own declaration.

                Rav Hutner, based on this profound power given to us, explains that it is that very novelty that Hashem chose with which to introduce us to His Torah. As if to say, look at the power with which I am entrusting My nation!

                The Gemara (Chulin ibid.) tells us how during a time of persecution the sages of eretz yisroel sent word that Yom Kippur would be postponed until Shabbos –not its true Torah date –thereby fooling the Romans as to why we were in shul. Based on this, the Gemara teaches that whereas the day of the week Shabbos falls Shabbos has been already set in motion since creation, Yom Kippur (and all the yomim tovim, presumably) is dictated by beis din. (See also Klei Chemda, Bo)

                  The Pnei Yehoshua (Beitza 5a) shows how chazal’s ability to control the calendar was even used to support even a minhag (such as aravos).

              In Rosh Hashana 30 we are taught how Rav Yochanan changed the calendar system to preserve the daily shir. There, the Pnei Yehoshua comments just how much power the chachamim had when it came to the calendar.

              Concepts such as lo a’d’u rosh, etc. are tools uniquely in man’s domain so as to create zman as chazal and mesorah see fit.

              The present Second Day of yom tov is not, then, merely a necessary annoyance, rather it is a beautiful affirmation of the power Hashem gave over to His nation.

              More, the present yom tov sheni is not even the first of its kind. We already find in the days of the beis hamikdosh that many would keep two days of Rosh Hashanah, and even those in Yerushalaim would, at the very least, keep the first night out of doubt (as to how they acted that night, see Meiri to Beitza 5a; Rashi and Ritva to Rosh Hashana; Rav Zevin, Moadim B’Halacha p. 26 s.v. b’rishonah; Chazon Ish, oh’c 141:6).

               In fact, we already in tanachwe find a two-day Rosh Hashanah! (Nechemia 8:13. See also Beitza 6a)

               Nor was this was not limited just to Rosh Hashanah. Already in the early days of our settlement in eretz yisroel it was difficult to get the word out to all Jews if the last month was 29 or 30 days, and those living far from the declaration would have no choice but to keep two days.

                Some even suggest that the concept of Jews who lived far from beis din’s declaration observing two days on each yom tov is a halacha Moshe m’sinai! (Rav Hain Gaon; See Chasam Sofer, Beitza 4b)

                We continue to see the power chazal had over the calendar some time later when Rav Yochanan ben Zakei created a system just for Rosh Hashanah (Rosh Hashana 30) whereby, under cetain conditions, two days of Rosh Hashana would be kept even in Yerushalaim.

               We see from all the above that irrespective of why chazal instituted yom tov sheni (see below), our second day is by no means unique when one looks through the prism of our long history.

          III.

          New Calendar System

               The Rambam and Rambam have a fundamental debate. (See Sefer Hamitzvos, aseh, 153; Yad, Kiddush hachodesh, chapters 5 and 6; Peirush Hamishnayos, Rosh Hashanah 2:6).

                According to Rambam the standard way to establish the month is through eyewitness accounts of the new moon. Nevertheless, there is a halacha Moshe m’sinai that if the sanhedrin is no longer active, and hence no witnesses are testifying, then a beis din may establish the months based on calculation alone. (See Kisvei Rav Chaim, 46; Brisker Rav in Chidushei Hagriz, kuntros Kiddush hachodesh, p. 10)

               Ramban disagrees with Rambam, and argues that our present system is not an ongoing sanctification; rather it was a system ordained and sanctified from the days of Hillel, which took place in the year 4119/359 (year based on shu’t Rav Hai Gaon). Hillel, seeing the end of the era of true semuchim, had the semuchim in his day empower each of our past, present and future months with the needed kedusha.

                Moreover, we even find many rishonim (Rav Sadia Gaon; shu’t Ri Migash siman 146; Rabbeinu Channel) who suggest that sanctification through calculation was a tool that was always in use. Rabeinu B’chayay (Shmos 12:2) even wonders how the yidden would even have been able to sanctify the months through eyewitness accounts in the midbar, as the anneinei hakavod were blocking their sight! (See Chazon Ish, oh’c, siman 140:3; Netziv to Sifrei, Bahaloschah; Chazon Yechezkal, et al. who all question and seek to explain this view. See also Otzar Iyunim to Mesivta Rosh Hashanah pp. 50-56)

          IV.

          Two Days…Still?

                As seen thus far, a two-day yom tov was not a novelty. However, once Hillel established his calendar it would seem that its need vanished. For now we know when rosh chodesh falls.

               The Gemara (Beitza 4b) explains that because this has been the minhag in chutz l’aratz (see above) and because the calendar is so complex that havoc or decrees can cause us to forget even the system we have now (the Syrian/Greeks tried!), we must continue in what we had been doing –keeping two days of yom tov outside of eretz yisroel. Some rishonim apply it in eretz yisroel too, in the cities where the sheluchei beis din would not historically reach. See Mikroei Kodesh, pesach vol. 2, siman 57.)

           Halacha has to survive long trials of galus. How many people does the reader know who can figure out even Hillel’s calendar should all communications suddenly cease?

          V.

          Yom Kippur

               As for Yom Kippur, historically some would fast for two days, and the sefarim, including the Mishnah Berrura, discuss these halachos. This does not mean that the Chofetz Chaim condoned such behavior, rather that he was recording more ancient discussions on the subject. Indeed he writes (siman 624:17) that since even in the days of the beis hamikdosh they did not fast two days out of doubt there is no minhag to emulate here! This is based on a chazal where those fasting two days yom kippur were reprimanded (Yerushalmi, Challa, 1:1). Already in the days of the Bach we find him and others saying that they have never heard of anyone taking on this stringency.

              Others suggest that fasting two days would mitigate the mitzvah to dafka eat the day before yom kippur!

               May we soon merit the words of the Chasam Sofer (to Beitza 4), that when moshiach comes there will still be a second day of yom tov, but instead of being called yom tov sheni shel golyos (second day of exile) it will be called yom tov sheni shel geuloseinu (the second day of our redemption)!