Category: Hashkafa

  • The Role of the Rabbi

    December, 2015

    …The editor of the paper wished to do an essay on rabbanus. In order to facilitate this mission, he set out to interview four great geonim of the time and ask them, each, what the role of the Rav is…

    It is said that when Rav Chaim Volozion would send off a yungerman to a position of rabbanus he would first call him into his office.

    Likely assuming that great mysteries of the trade would be shared -treasured advice and collective wisdoms – we could only imagine the mixture of dread and anticipation these young men must have felt as they slowly made their way to meet with their holy rebbe.

    However, they were likely surprised when Rav Chaim would open his drawer and hand the young musmach a luach.

    A luach?

    He would explain that the role of a rav is many things. However, a rav must also keep in mind what balla battim may assume his role to be. While talmidei chachamim may understand that it is not shocking to be well-versed in the laws of choshen mishpat yet at the same time be unsure as to when the minhag of av harachamaim is said Shabbos morning, some in the audience may be shocked at this breech in knowledge.

    A rav must have the calendar on the tip of his tongue, explained Rav Chaim; the schedule for davening must be something that the rav never hesitates about, because it is something-rightfully-balla battim take very seriously.

    This past week in my shul a number of families had sons who received semicha from Yeshiva University, and over the course of the following Shabbos these families sponsored a kiddush, and, the newly-minted musmachim gave over a number of divrei torah and shiurim.

    To introduce the simcha felt among these families, I thought to say over the above story and hand each one a luach.

    I am now thankful for the fact that the sefarim store was out of luach; in hindsight it would have been a somewhat anti-climactic message.

    But then I remembered a story, a story that I had heard from one of the leaders of their yeshiva,  Rav Ahron Soleveitchik.

    I called my father to confirm the events, as I was but a child at the time.

    Rabbi Soleveitchik’s son-in-law, Rav Refoel Marcus, was a rav in Toronto until his untimely passing, and his father in law would visit from time to time. On occasion my father (and I) would go meet or hear him.

    It was at one of these visits that he shared the following story with us.

    At the turn of the century there was a non-religious newspaper, I believe named ‘Hatzoar’.

    While not religious, no doubt that each of the Hebrew writers grew up in religious homes, and some even spent time learning in yeshivos.

    The editor of the paper wished to do an essay on rabbanus. In order to facilitate this mission, he set out to interview four great geonim of the time and ask them, each, what the role of the Rav is.

    The first was Rav Refoel Shapiro, son in law of the Netziv, rosh yeshiva of Volozion and father in law of Rav Chaim Soleveitchk.

    “What is the job of the Rav” the reporter asked the holy gaon.

    As we would hope a rosh yeshiva would respond, Rav Shapiro said that the main goal of a rav is to make sure that the level of Torah and its learning was of the highest caliber.

    The reporter then went to Kovno to visit with Rav Yizchak Blazer. Also known as Rav Itzelle M’Petterburger (‘from St. Petersberg’ where he served as rav when he was but 25 years old), he was not just a gaon but also one of the prime disciples of Rav Yisroel Salanter.

    His response: A rav must give mussar to his congregants so that they should continually grow.

    The reporter then set out to Nevarduk to meet with illustrious posek Rav Epstein, who would go on to author the Aruch Hashulchan.

    It should surprise no one that when this important posek was asked by this reporter what the main job of rav was that he responded emphatically: ‘To pasken shailos’.

    Now it was time for this reporter to make one last stop. He boarded a train to Brisk to meet with Rav Chaim Soleveitchik.

    The reporter must have been beyond curious as to what answer Rav Chaim would give to his question.

    After all, it seemed that any of the previous answers would each be suited for his style.

    After posing the question, Rav Chaim paused. Always the wisest in any room, Rav Chaim first turned to the reporter and asked, probably half-jokingly: “First tell me what the others responded”.

    Rav Chaim carefully listened to the sage advice of those geonim v’tzadikim who were interviewed before him.

    He nodded his head in agreement to each. “Yes, yes, to make sure everyone is holding in learning. Avadeh! Ki Heim Chayeinu! Torah must be a high virtue. But the job of a Rav? After all, this is everyone’s responsibilityas well.

    “To give mussar? Of course, of course. But, after all, we all have a mitzvah of hochayach tochiyach, not just the Rav, so this can not be the one job unique to to the rav.

    “To pasken shailos? No one can deny that this is from the most important jobs a rav has. But this too is not the ikar role of the rav.

    At this point we can imagine the reporter waiting with baited breath to hear what indeed was the main job of a rav in the eyes of Rav Chaim.

    Rav Chaim leaned in and said, all that you have heard from the prior geonim is emes l’amito, however if you would like to know the main job of a Rav is, it is this: make sure the almana has food, the yosom has clothing and warmth. Do not go to bed until the poor have been fed and the lonely are made to feel less alone!

    And this was the message I gave over to the new musmachim.

  • Blowing Out Candles – Halacha or Myth?

    Blowing Out Candles – Halacha or Myth?

    December, 2015

    Candles seem to revisit us throughout our Jewish lives.

    Whether through our homes that are aglow each week with neros Shabbos, or our singing around the yearly neros Chanukah, and, l’havdil, our tears that threaten to extinguish a yartzeit licht, a candle is significant to our faith and culture.

    And, like the mysterious nature of fire itself, there exists so many secret meanings surrounding the halachos and minhagim that relate to fire.

    Let us discuss one these, and one of the most famous, that also happens to relate to Chanukah.

    Is it true –as I have often heard since childhood –that al pi kabbalah one mustn’t blow out candles? And, that should one need to extinguish a small flame they must do so in a secondary manner (e.g. through waving their hand, or the like)?

    How does this question relate to Chanukah? Throughout the halachos of Chanukah there is much discussion relating to blowing out candles, specifically the candles of one’s menorah. Yet, intriguingly, although this would make the perfect opportunity for the poskim to parenthetically make mention of the concern relating to how one blows out a candle, they are taciturn on the subject.

     For example, say a family has a simchah or an event to go to soon after lighting their menorah and do not wish to leave their home with burning candles unattended. The Shulchan Aruch rules that once the length of time when the candles need to be lit for is completed (about thirty minutes) one may indeed extinguish the candles (siman 672:2). We should point out that because today the length of permissible lighting time is extended –as mentioned in last week’s column- a morah horah should be consulted before blowing out one’s candles at home.

    Although a most perfect opportunity to tangentially mention the sakana of blowing out candles with our our mouths, neither the Shulchan Aruch nor the classic commentaries make mention of this mystical concern.

    Another example of Chanukah and blowing out candles comes from a more common concern. We have a well established minhag, and halacha, of lighting the menorah with berachos in a shul on Chanukah. When I lived in Buffalo, where the shul would empty soon after maariv, there was a fear among many of leaving the unguarded menorah burning.

    May a shul extinguish them upon the completion of maariv?

    This is a more complicated issue than the first because in most cases maariv will conclude before thirty minutes have transpired since the candles were lit.

     While some, like Rav Elyashiv and Rav Wosner (Peninei Chanukah p. 128 and Shu’t Shevet Halevi 8:156, respectively) are strict – unless there is danger – others are lenient and allow a shul to extinguish these mitzvah flames before their completed zman (see Shu’t Melamed LeHoil 121).

    Again, while a textbook opening to mention the aforementioned mystical apprehension relating to blowing out candles, I have seen no mention here as to how one extinguishes these menorah candles.

    When I was younger, and with unwarranted skepticism, I thought-erroneously-that this concern regarding blowing out candles was but one of the many halachic myths from my childhood that could be traced to another cryptic halacha.

    In siman 296 the Rema mentions a number of minhagim regarding havdala, what is said and how it is performed. He ends by citing the custom of putting out the candle with the wine of havdala, either through spilling from the kos unto the flame or from placing the flame into a plate that has been wetted from the wine sherayim/leftovers.

    This indeed is a mysterious custom with unclear provenance. The Vilna Gaon (ad loc. 4) teaches that this comes from rishonim and is based on the gemara (Sukkah 38a) that teaches us that a segulah to ward off unfortunate events can come from even the sherayim, ancillary parts of, mitzvos. The Shulchan Aruch Harav, among others, also offer solutions to the source for this minhag.

    In any event, because this is a popular minhag, and due to its ambiguous reasons to most observers, I assumed that from it many assumed it was born out of the concern of blowing out the havdala flame. This then, I thought, soon led to a ‘myth’ about blowing out candles.

    However, I was mistaken. The concern of blowing out candles goes back many generations.

    The Kolbo (siman 118), written by an unknown author, and which was likely a condensed version of the 13th century work Orchos Chaim by Rav Ahron KaHohen M’Luniel (see Chida in Shem HaGedolim) is the first to mention a concern in blowing a flame.

    Perhaps a more ancient source comes from Otzar Hamidrashim (pirkei rabbeinu hakodesh).

    This concern is again repeated by the Reishis Chochma and the Ben Ish Chei, among other more recent poskim and tzadikim.

    Based on the earliest sources mentioned, blowing out a candle can lead to a very specific tragedy (nefeilah).

    Some suggest that the concern is due to the fact that the sound one makes when blowing is identical to a name of a specific malach. This latter reason is hard to understand, being that it should not then be reserved for fire, i.e. blowing on food to cool it for a child. Being that this source is kabbalistic, however, it would not be for us to expect to fully appreciate, and certainly it would be beyond our province to question on our own.

    Still others suggest that the reason for this concern is due to the fact that one’s neshama is compared to a ner/candle; one neshama (a person)blowing out another candle is then seen as incongruous. This last reason perhaps comes with certain leniencies: the concern would only be true for a candle and not other types of flames. I have since seen in Hegyonei Haparsha, Devarim, p. 763 where the author argues a similar position.

    Rav Chaim Kinievsky (Derech Sicha p.282) gives yet another, more practical, reason for the concern of not blowing out candles: because many candles used to be made from forbidden cheilev (animal fats) there was a concern of blowing them out and getting to close to the forbidden substance.

    So how should one extinguish candles, be it the Chanukah lights or another candle?

    Many bring an ancient custom of blowing out candles through overly pronouncing the words ‘Pesach’ or ‘Purim’!

    At the very least, we can see that this concern is a real one that is supported up until our generation, even in the classic poskim such as Rabbi Ephraim Greenblatt (Shu’t Rivvevos Ephriam 54:35) and Rav Yosef Chaim Sonnenfled (Shu’t Salmas Chaim, Page 213, siman 499 in the Bernstein ed.) and the Steipler Gaon (Orchos Rabbeinu).

    Nevertheless, why do we still find many chashuvim who do not seem to be too concerned for this minhag of not blowing out candles? Furthermore, why indeed is this concern not mentioned by the examples from Chanukah mentioned above?

    Rav Ovadia Yosef suggests (Yabia Omer 9:95) that a concern such as this that is not mentioned anywhere in shas perhaps need not be carefully heeded (cf. Shu’t Noad Beyhudah, even haezer #79).

    Furthermore, many have observed that in most cases when we blow out candles we are involved in a mitzvah of some kind; this alone has special protection which may allow us to not be concerned (based on Koheles 8:5).

    One last issue: what about candles on a birthday cake? May one blow those type of candles out? Should we refrain from allowing our children to do so?

    Well, before we answer that question we must first ask another: what is the source for having candles on birthday cakes? And, auxiliary to that issue, what is the source for celebrating birthdays to begin with?

    Alas, these last questions sound like the making of their own column!

    May the candles of our menorah only be extinguished through the winds of eagles descending to take us to Yerushalaim.

    Happy Chanukah!

  • A Sefer Torah’s New Home & Jewish Survival

    September 2014

    I was made way back in 1842,
By a humble man, a real G-d fearing Jew.
Who did his work with honesty, feeling and with pride,
He was known in Kiev as Yankele the Scribe.

With loving care, his hand so sure and still,
He formed me with some parchment, ink and quill.
Each day he'd slowly add to me just a few more lines,
With words to last until the end of time.

(Famous ode to a Sefer Torah written by Abie Rottenberg to the tune of Chassal Siddur Pesach. We will complete the poem as the article continues)

    The other day my shul celebrated a hachnasas sefer Torah. Such a simcha is one of the purest one can attend.

    The sefer Torah being donated to the shul was not a new one. Rather, it is a one-hundred-year-old sefer that was used in many shuls and communities on both sides of the Atlantic until the 1960’s. It was, then, placed in a crate and forgotten about for many years until it was recently handed over after a death of a relative of one of my members. It had recently gone through a long process of being checked and fixed, prepared for regular usage.

    The story behind this sefer Torah only added to the celebration. Having sat alone for so long, it will now be read again, and placed together with the other sifrei Torah.

    It was coming back to a home.

    The singing in the street, the dancing, and the hakafos and other various minhagim performed upon its arrival to its new family were all a sight to be seen.

    …And on the day that I was finally complete,

    Over the next few weeks we will iy’H discuss the writing, completion and the celebration of a sefer Torah; its various laws and its fascinating minhagim and stories.

    Rav Steinman, in a drasha by a hachnasas sefer Torah (Toras Emes Likut Hachnasas Sefer Torah, p. 53ff) wonders why we go to such a celebratory degree for a new sefer Torah. After all, in most cases the shul to which the sefer is being dedicated already has other sifrei Torah to read from, and, the new sefer Torah need not be special or unique from the others in any way.

    Furthermore, he points out, according to many the mitzvah to write a Torah can today be fulfilled with the purchasing of any important sefer, say, a shas. On that note, do we celebrate in the same manner when a new shas is purchased for a shul? Why, even for the purchase of the one-hundred and fifty volume ‘Mesivta’ Shas –a shas that has revolutionized the study of daf yomi– does not engender such joyous activity!

    What is unique about a hachnasas sefer Torah that causes us to literally rejoice in the street?

    Rav Steinman points to a gemara (Sanhedrin 102b) that questions why the wicked King Achav merited twenty-two years of kingship. In sefer melachim (1:20:2-9) we learn how Achav was forced by the Syrian king Ben Hadad of Aram to give up everything, even his family. Achav agreed to the demands, yet refused to give up his sefer Torah.

     Concludes the gemara that Achav merited twenty-two years of kingship because he honored the Torah which is made up of twenty-two letters.

    Now, continues Rav Steinman, would not our questions be equally valid for this gemara as well? Why would Achav go to such an extreme to save this one sefer Torah when there would be many more in the world remaining? Why would this noble yet apparently superfluous act cause such Divine reward to be placed upon this wicked king?

    To all this, Rav Steinman gives us a wonderful insight. Chazal teach (mishneh, Sanhedrin 37) that Man was created alone in order to impart the lesson that if one destroys but one life it is as if he destroyed the entire world, and similarly should one sustain one life it is as if they had sustains the entire world.

    Explains Rav Steinman, this ideal is true for human life and one other area: a sefer Torah. Just as one person can turn into the whole world –as did Adam harishon–  so does each and every sefer Torah carry within it the potential to teach, and to change, the entire world!

    This potential is unique to Torah sh’bksav but is not true by Torah sh’baal peh, and other sefarim, as we see from the story of Osniel ben Kenaz. The gemara relates (Temurah 16a) that by the time Yehoshua finished mourning for Moshe rabeinu thousands of halachos were forgotten. Not being able to turn to prophets –for the Torah may only be learned through human study and not from the heavens (Devarim 30:12) – Osniel ben Kenaz was able to use his penetrative skills to relearn these forgotten laws from the verses in the Torah itself.

    Concludes Rav Steinman, that Osniel could have only done this for sh’baal peh, but as for Torah sh’bksav no human intuition could ever cause someone to ‘figure out’ the Divine verses of the Torah on their own. Should a Torah have R’l even one letter be missing, one word be absent, on break be misplaced, we would have no way of rediscovering the truth.

    Perhaps for this reason is the mitzvah of writing a sefer Torah the last mitzvah found in the Torah, and the first mizvah found in the Torah is pru u’revu; the Torah bookends the importance of populating the world with individual physical potentials, and ends on the same note with spiritual potentials.

    Indeed, many sefarim tell of a segulah for having children through the dedication of and/or the celebrating with a new sefer Torah.

    …And in a case of glass they put me on display,

    Where visitors would look at me and say,

    “How very nice, how beautiful, a stunning work of art,”

    But they knew not what was inside my heart.

    And across the room I saw upon the shelf,

    Some old friends of mine who lived back in Kiev.

    A silver pair of candlesticks, a menorah made of brass,

    We’d all become mere echoes of the past…

    While the rest of the world searches for our secret –to our successes and our survival – and as we sadly witness a generation of Jews searching anywhere but home for their self-worth, we need a reminder from time to time that there is little mystery, and no other ‘new’ path for us to venture upon.

    Our dancing in the street, our pure joy, arrives from an epiphany of the already known, but sometimes forgotten – lulei sorascha sha’ashuai, az avidity b’oni/if not for the Torah I would perish in my (mental and physical) anguish (Tehillim 119:92).

    If anyone wishes to know the ‘secret’ to our survival, if any Jew is searching for meaning, the key is laid out in the open. On the holiest day-Yom Kippur, in the holiest hour-Neilah we say it loud and clear: Ein Lanu Shir Rak HaTorah Hazos!

    So if you hear my voice, why don’t you come alongAnd take me to the place where I belongAnd maybe even sing and dance when you carry me away To some little wooden shul where I can stay.

    And as the rabbi holds me close against his chest,He’ll speak out loud and clear to all the rest.He’ll say, “No matter if you’re very young, or even if you’re old Live by the words you’ll find inside this scroll.”

    We will iy’H continue next week with the laws of writing and donating a sefer Torah.

  • Turkey: A Bird, Name, and Some Halachic History

    Turkey: A Bird, Name, and Some Halachic History

    November, 2018

    “But if thought corrupts language, language can also corrupt thought.”

    George Orwell, 1984

    he other day, as I was walking into shul, an elderly man, a guest, came over to me with an intriguing question.

    “Why is it that the word for turkey in English refers both to a bird and a country of the same name?”

    Sensing my curiosity at to why he would direct this question to a rav, and not perhaps to a student of William Safire, he continued.

    “In Hebrew too we call this bird tarnegol hodu, which means ‘Indian bird/rooster. So why do these two languages choose to name this bird after a country?”

    The truth is that he was touching upon an issue that relates directly with halacha, as we shall soon see.

    But he was also mistaken, Hebrew and English are far from the only two languages that one finds this strange occurrence.

    I first answered him with the following question of my own: “How does one say ‘turkey’ in Yiddish?”

    Indik!” he responded.

    Of course, indik is also the Yiddish word for India!

    Already in Megilas Esther we find that hodu refers to India, so indeed why did we choose this name, in Hebrew and Yiddish, for the turkey? And why does the English language also name it after a country, although a different one?

    The truth is that one would have many reasons to think that Americans and Israeli’s have a lot in common when it comes to turkey. It is fascinating to note that the number one and two countries in their per capita consumption of this bird is Israel and the United states respectively! (sliced turkey by Shabbos morning’s seudah is likely what puts us at the top spot in the world)

    However, as a point in fact, Hebrew, Yiddish and English are not alone in this odd linguistic phenomenon.

    We find the same ‘Indian’ name for this bird in Italian, Russian and French, and many other languages. If anything, English is the outlier in that it is named after Turkey -and not India.

    To make matters even more bizarre: In Turkey itself this bird is called a hindi –‘from India’! And in India (Hindi) it called… tarki-‘from Turkey’!!

    Several year’s ago The Atlantic magazine (2012) dedicated much space to the issue of the Turkey/turkey English question, even zeroing in on its possible Hebrew origins:

    In the early 1990s a debate broke out in the “letter to the editor” section of The New York Times over the possible Hebrew origins of the word “turkey.” On December 13, 1992, Rabbi Harold M. Kamsler suggested (as a follow-up to a Thanksgiving-themed piece titled “One Strange Bird”) that the New World fowl received its English name from Christopher Columbus’s interpreter, Luis de Torres, a Jewish convert to Catholicism. In an October 12, 1492 letter to a friend in Spain, de Torres had referred to the American bird he encountered as a tuki, the word for “peacock” in ancient Hebrew and “parrot” in modern Hebrew.

    Kamsler’s letter, however, was met with a firm rebuttal from the president of the Association for the Study of Jewish Languages, David L Gold

    [Cf. see Sota 31a, mishneh, with Rashash with regard to a Halacha relating to a ‘talking bird’ and its identification and name]

    So what is going on here, and how does it relate to halacha?

    While no one is one-hundred percent certain about why this particular fowl has such an odd dialectal commonality across so many cultures, the general theories that abound have a few things in common that can help us understand its peculiar naming history.

    According to Mario Pei of Columbia University, an expert in linguistics and neologisms (newly formed words), in early America guinea-fowl –a completely different species of bird –were imported through Turkish merchants. Mistakenly believing that what we know today as turkeys were guinea-fowl, early settlers named the bird ‘Turkish hens’, which soon became, simply, ‘turkey’.

    So, that explains the Turkey/turkey connection in America and American English; but what about the India connection in most other languages?

    If one recalls, a few months back I sent to the shul an article about the West Indie esrogim being used in America in the 1850’s.

    What was not mentioned is why was this southern local to the United States termed with this imprimatur.

    Well, when Columbus sailed to the Americas, he thought that he arrived in the ‘West’ Indies. The East Indies, of course, was a part of India proper, and Columbus assumed he simply arrived at the other side!

    Even after we realized that the Americas was in fact a new continent the name ‘West Indies’ largely remained.

    With this bit of history, we can begin to unfold this bird’s naming.

    When the American turkeys were shipped from the Americas back across the Atlantic in the 1500’s many named it after the ‘West Indies’, and soon ‘India fowl’, and then finally…’India’!

    So, how does this all relate to halacha?

    As many of you are likely aware, the issue of the kashrus of turkeys has been questioned over the years. In fact, some do not ever eat this fowl.

     Their concern is not insignificant. The Rama codifies a simple rule based on Rashi—we eat only those birds for which we have a mesorah that they are kosher. Meaning birds and animals of which we have been eating for many, many generations are the only animals we consume. Should a new animal be discovered which has all the signs of being a kosher animal we would still need to refrain.

    While the Shulchan Aruch agrees with the Rama, he allows for certain leniencies in regard to particular classes of birds.

    Now, it would seem that turkeys –  seemingly only introduced late in our history (although, truth be told, some poskim argue they have been around for longer) should then not be eaten!

    The rational behind why a super majority of frum Jews still eat from this bird is beyond the scope of this brief monograph. However, it is critical to point out one of the Netziv’s rationales for our allowance of consuming this ‘new’ bird, against the ruling we follow of the Rama (Meishiv Davar 22): the mere fact that Jews had begun, even mistakenly, to eat this bird, which aside for the Rama’s strict view has no clear signs of being non-kosher –would allow us to continue to eat it.

    But why, indeed, did we begin to eat this new bird before the posekim sanctioned it? To this question many have suggested the following brilliant approach:

    After this new bird arrived in India and Turkey the sefardim –not bound by this Rama and thus allowed to eat new birds –began to consume them.

    When then these birds were sold from these countries to Europe and Russia, it carried the name indek, which many Jews wrongly assumed was due to the fact that these birds were indigenous to India and had been eaten in that and other sefardi countries for centuries, when in truth A) The name was based ona nickname for America and B) sefardim ate it because they were not bound to refrain from new animals. In other words, the name of this new creature mistakenly convinced many that this bird had a mesorah!

    What a story!

    Let me end on two notes. First, nothing written above is to question the consumption of turkey. I eat turkey and rely on the Netziv and the many poskim who allow its consumption for a variety of reasons. Primarily, I rely on minhag avosei, and so should the reader.

    Finally, how amazing that the turkey in Hebrew also shares its root in the word for ‘thanks’. For, regardless of our many mesorahs from rebbeim and parents regarding how to celebrate this day, we most certainly all thank Hakadosh Baruch Hu for gifting us and the world with this amazing country.

    May her best days lay ahead.

  • Taanis Esther & Its Mysterious Origins

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

    February 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    The prince hears this and begins to wail and sob.

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

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

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

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

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

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

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

    Have a Happy Purim!

  • Cremation: A Story & Chizuk

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

    Length/Detailed Post

    January, 2017

    I. The Greatest Chesed

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

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

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

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

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

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

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

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

    And what about North America?

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

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

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

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

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

    “Mutually assured discomfort.

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

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

    But the salient question is ‘Why?’.

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

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

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

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

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

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

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

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

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

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

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

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

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

    II.

    “Mer Ken Nit Vissen”

    The Chochma of Rav Moshe

     “…As he came, so shall he go”

    Koheles 5:15

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Something in this story must be missing, he thought.

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

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

    Rabbi Zohn was nonplussed and anxious to hear.

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

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

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

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

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

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

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

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

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

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

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

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

    What happened to change her mind?

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

    Mer ken nit vissen!

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

    Who knows?

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

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

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

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

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

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

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

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

    LENGTHY/DETAILED POST

    Ami Shavuos Feature, 2014

    I

    Introduction

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

    (We should note that the division of the parshios as well is of non-Sinai origin, and were only accepted by all of klal yisroel –along with a yearly Simchas Torah –about 800 years ago. However, as opposed to the perakim, the division of weekly parshios were chosen not just by Jews but our chachamim. Cf. Ohr Zarua hilchos Shabbos siman 45, Meiri, Kiryas Sefer maamer 5 perek 1, and Tanchuma Ki Sisa 3 where views are brought suggesting that even our present-day divisions were taught from Moshe or from Ezra. For the complete history of our reading of the Torah each Shabbos and the yearly completion see “Toldos Simchas Torah’.)

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

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

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

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

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

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

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

    II

    Twenty-Four Sifrei Tanach

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    III

    How Did It Happen? Part 1

    Parsha vs. Parsha

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

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

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

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

    There are two types of these breaks:

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

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

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

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

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

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

    Debate and Concordance

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    That would not happen until the early 1500’s.

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

    IV

    Manipulating The Divine

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

    How?

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

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

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

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

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

    Why would they do such a thing?

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

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

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

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

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

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

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

    V.How Did It Happen? Part 2

    Guttenburg & Bomberg

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

    Then came the printing press.

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

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

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

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

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

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

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

    Regardless, imagine what a breakthrough this was!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Puk CHazi Mah D’Ama Devar

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

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

    LENGTHY/DETAILED POST

    Written 2013

    All About Naming, New Names, and Odd Names

    Part I – Our Names Define Us

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Rav Yitzchak of Vienna had a dream.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Part III – Of Gender and the New

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

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

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

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

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

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

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

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

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

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

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

    Let us now consider the following cases:

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

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

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

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

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

    Part IV – New Names

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

    The stories all go something like this:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    One more interesting example:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Footnotes

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

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

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

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

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

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

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

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

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

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

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

    [12] Otzar HaYedios (Eisenberger) p.640

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

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

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

    [15] Sheimos B’Aretz p. 91

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

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

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

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

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

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

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

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

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

    [25] Ibid. p. 177.

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

    [27] Shu’t Mishneh Halachos 9:308

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

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

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

    [31] Shu’t Mabit 2:186

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

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

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

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

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

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

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

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

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

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

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

    [43] See Artscroll Shir HaShirim ad loc.

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

    [45] Maaseh Ish vol. 1 p. 203

  • Making-Up (On Shabbos) Is Hard To Do

    Making-Up (On Shabbos) Is Hard To Do

    March, 2022

    1. Preamble

     Over the years I have met some extraordinary individuals and often cannot remember how we first came into contact, or worse, the details of our conversations.

     Some years ago, I had the zechus to have a phone conversation with Rav (Dr.) Yaakov Greenwald (d. 2019). Rav Yaakov was an American original. A true tzadik and osek b’tzorchei tzibbur. He used his knowledge in mental health -of which he was a frum pioneer – to counsel many thousands. Famously (and reported by his son in an article published one year after his father’s passing) the Satmar Rebbe once was discussing the phycological needs of one of his chassidim. At the end of the conversation, the rebbe humbly asked “What about me? What would the doctor be concerned about? What issues should a rebbe look out for?” Without hesitation, he answered the rebbe’s request. He shared the famous mesorah that to understand the true essence of a term, word or concept one should find its first occurrence in chumash. The initial time the Torah shares the concept of something not being good is when Hashem states, ‘lo tov heyos ha’adam lavado-it is not good for man to be alone’. He explained that a gadol b’yisroel, especially a rebbe, must always be concerned about loneliness. The Satmar rebbe was astounded at this swift wisdom.

     There are two things I recall from my phone conversation with him. The first is discussing his letters to the Steipler. He would often write to him, asking how to deal with certain patients, especially those whose mental suffering or anguish were affecting their avodas Hashem. OCD, for example, may be difficult to differentiate from one simply being overly machmir. Many of these letters have been published.

     And then, there was the story he shared. When Rav Yaakov Kamanetzky moved to Monsey, he would be called for any number of communal matters. He shared that the many began to become concerned regarding a laxity of tznius in town. The question was how to deal with it. The rabbanim decided that they will invite all the women of the-then-smaller town to a communal event where they would speak to them about the importance of this mitzvah as well as to teach many of the pertinent halachos. They also decided that it would be best of the rosh yeshiva would be the one to open this event with divrei beracha and a shiur on the topic. However, when he was asked, Rav Yaakov gave an atypical negative response, turning them down. When asked why he would not speak at such a gathering for women about tznius, Rav Yaakov responded, “Because…its not tznius”!

     As a halacha teacher in a Beis Yaakov, I have always refused to answer any question that centers around tznius. This is not only because of the above story, but for an additional reason as well: every bas yisroel needs to find a female role model in this area. It could be a mother, an older sister or student, or a rebbitzen. Issues of nashim should be brought to her. Of course, should a serious matter arise, her personal rav should be called, and I would never negate that.

     In addition to the above two reasons, is a third: effectiveness. A lesson would be more enhanced and taken to heart if it comes from someone who better understands the sensitivities and challenges involved. I also say this as a afather of four daughters, kn’ah.

    1. The Issue

     Nevertheless, a few weeks ago, when I sat at my desk to begin my hilchos Shabbos class a student raised her hand and -speaking for the class -asked if we could discuss makeup on Shabbos. This was not pat of the curriculum for the year. It soon became clear that the issues involved were greatly misunderstood by the class -and perhaps the reader as well. I therefore spent that morning explaining its backround, and became convnvced that a short article on this same subject could also be useful.

     What I share below is only meant so as to take these facts to your rav or to a frum female mentor.

     There are certain miktzoas, subjects, that the classic pulpit rabbi wisely avoids. Halacha demands that under certain conditions, and at times, it is better not to go out of one’s way to teach halachos when there is a real fear that it would then be ignored by some in attendance.

     In our day, however, I find that, within reason, these subjects could -and should-be taught. It must be done with sensitivity, of course.

     The classic example is hilchos chol hamoed. Those without a classic yeshiva backround (and some with) are often unaware of the severity of these days, and that their ability to go to work may be contravened. I have found that if done in the right setting, and with pikchus, those attending are only gratful…and have many, many shailos.

     However, the one topic that I nevertheless have been tempted to avoid (unless asked a shaliah, of course) is the issue of makeup on Shabbos. There are any number of reasons for this, hameivin yavin, and in addition it could lead to shalom bayis issues in a multitude of ways.

     However, since the start of Covid I began a Zoom shiur where we have been reviewing hilchos Shabbos in their totality. We are up to shiur number ninety and yet have yet to even touch upon the thirty-nine melachos -as Shabbos is so chock-full of Torah and halacha aside for just these (e.g. kiddush, seudos, neros, amira l’akum, muktzah, psik reisha etc.). This weekly shiur took a brief hiatus over tishrei due to the yom tov season. Upon our return last week, I decided to open with something that would get people animated therby helping to regain our momentum. I further explained to the group that slthough the topic I chose related to a melacha, we would return to havdala (where we are holding) the next week.

     “This is not a derasha, you are not a captive audience and you came because you desire to learn about Shabbos. And so, let us discuss the ‘third rail’ -makeup on Shabbos”.

     This wasn’t my first time. In Buffalo, I gave a similar hilchos Shabbos shiur. The office sent out an email for that week’s shiur and its topic, “Shabbos Halacha: Makeup Shiur”, it said in the subject line. No one showed up! I thought it was due to the topic, and only later learnt is was because the title confused them -they thought it was a Shabbos makeup/review shiur!

     Several years ago, a sincere couple from Brooklyn asked to meet with me. They were earnest yorei shomayim, and wished to find a haskama for their new product. It was a blush or rouge that was fashioned in a way, they felt, to be used on Shabbos itself. I am not one -nor am I worthy -to write haskamos. But even if I was, this would not be a product on which I wished to be an official part. Instread, I shared with them why they were having a hard time finding a rav who would give his imprimatur. They had done extensive research into the sugya, and much of hwta I shared was likely nnot new to them.

     There are two types of Shabbos makeup. The first, is a series of different and typical makeup products that are long lasting. These are made to be used on Friday afternoon, as they will last till after Shabbos. Sadly, because some of these are marketed as ‘Shabbos Makeup’ some mistakenly assume that its meant to be used on Shabbos itself, leading to much confusion of these forthcoming halachos. This is simaler to the ‘Shabbos Mode’ oven. There too, I have seen where, some, assume that when this mode is on it allows one to place pre-cooked food inside the actual oven or warming drawer. Of course, this is in no way the case (it serves only to avoid light issues, as well as to circumvent automatic twelve-hour shut off, and other smaller issues of inconveince).  Why would such long lasting makeup be an issue?

    The mishneh and gemara offer the example of a woman who puts
    on certain types of makeup as being assur on Shabbos (perhaps not a Shabbos concern for men; see Mishneh Berurra 303:79). The only debate found there is if this is a Torah or rabbinic violation (see Shabbos 94b-95a). The issue at hand is the melacha of tzoveah/coloring. The Shulchan Aruch codifies this ruling, as well as Rashi’s view that even the act of placing (sticky) dough on her face so that its removal causes rosy cheeks would also be forbidden on Shabbos (siman 303:25). While most take the view that makeup is a rabbinic violation, this may be due to the coloring taking place on one’s skin (see Mishneh Berrura, ibid.); meaning, nail polish application may be a biblical violation (its removal
    may also be an issue; other makeup removal is often allowed on
    Shabbos).
    In addition, when it comes to lipsticks, creams, packed powders and brushes there may be a variety of other melachos involved, aside for tzoveah.
    The reader may now be wondering, ‘Based on the above, how could there possibly be erev Shabbos makeup?’. In a very brief teshuva, Rav Moshe Feinstein writes, “…and so too it is forbidden for a woman to color her face, due to tzoveah, but to throw white powder (he would later [5:27] identify that he was referring to ‘talc’) on her face, which is short lasting, would not be tzoveah”.
    Although, many disagree even with this allowance (Rav Shlomo
    Zalman Aurbach quoted in Shemiras Shabbos K’Hhilchasa
    14:note#148).
    In a later teshuvah (ibid.), Rav Moshe mentions the possibility of
    allowing even colored powders if they should fit the talc criteria (no oils, loose, short-lasting, etc.). Yet he concludes that it would still be hard to give a general allowance.
    Nevertheless, there are some poskim who would certain makeups,
    and under certain conditions (Rav Ovadia Yosef, Rav Chaim Noeh, et al.).

    It is also critical for the reader be aware that in cases of need (such
    as scaring, burns, deformities, and even, at times, shalom
    bayis/shidduchim reasons, etc.) a rav should be consulted (see Piskei Teshuvos, 303:14, note #74).
    When that couple left my office after letting me test their samples, it took days until I cleaned the powder up -it was that loose and oil free!
    So, what should a woman do? Speak to a rav; or do as my wife did:
    she spoke to the wife of a prominent posek, who was both familiar with her husband’s psak as well as able to explain his criteria to another woman with ease and makeup expertise.
    While a sensitive topic, it must be reviewed from time-to-time. And, we must never use the above information to embarrass anyone. Torah should never be a weapon, only a darchei noam.

  • Killing the Captured Terrorist & Ethics of War

    When peace comes, we will perhaps in time be able to forgive the Arabs for killing our sons, but it will be harder for us to forgive them for having forced us to kill their sons. – Golda Meir

    The questions of the ethics of war may seem oxymoronic. Isn’t the purpose of war to kill people and destroy things?

    However, halachah is replete with guidelines for ethical conduct in war, to the point of warning us not to cut down fruit trees in the heat of battle. Indeed, after the Iraq invasion of 2003, the American administration was reproached for not defending landmarks and artifacts more carefully. It would seem that as Jews, we should relate to such a charge.

    Recently The Jerusalem Post covered issues of halachah and war, in particular the treatment of captured killers and terrorists. While there are many issues that fall under this rubric, we will focus here on the issue of whether a subdued terrorist may be killed. What follows is a discussion of Talmudic law and not of practice.

    From the article:

    “Several senior rabbis have raised a heated debate in the last few days over the approach in Jewish law toward a terrorist who has committed a terror attack but is subsequently wounded and incapacitated. …

    “Rabbi David Stav said that the nation was facing trying and difficult times but insisted that a terrorist who has committed an attack but has been wounded and therefore no longer represents a threat should not be further harmed.

    “‘In these days in which the blood is boiling…it is important to preserve our moral superiority: [We must] not harm those who are not involved in murderous acts, and we must not harm those who have already been neutralized and do not represent a threat,’ the rabbi ruled.

    “Rabbi Shmuel Eliyahu, municipal chief rabbi of Safed, reacted to Stav’s comments and said a terrorist who had committed murder should himself be killed.

    “’It is forbidden to leave a murderer alive,’ Eliyahu told the Galei Yisrael radio station on Wednesday. He accused Tzohar rabbis of ‘forgetting Jewish law’ and said ‘they are only interested in looking good to non-Jews.’”

    This is a most serious issue, one best left to our greatest poskim and those who live in Eretz Yisrael. Following is a review of some of the factors involved in making such a decision.

    First, Rav Moshe Feinstein, zt”l, recognized that not all cases are equal when it comes to imposing the death penalty for a criminal act. In a famous teshuvah to the governor of New York,1 he outlined how halachah views the death penalty. Rav Moshe sought to dissuade the governor from using the death penalty, explaining that one of the reasons the Torah prescribes it is to impress upon us the egregiousness of certain acts and that the halachic bar is set too high to allow regular use of such punishment.

    Nevertheless, he ends with the following message: “The above is true regarding crimes of passion…but if people are killing because of cruelty and because the lives of others are meaningless to them…or if there appear to be many murderers,” a country must do what is in its best interest.

    It would seem that a country that is under constant attack and is therefore in a perpetual state of war has every right at least to consider whether such terrorists deserve to be put to death by the state.

    Noncombatants

    It should not suprise the reader that such serious questions have been discussed throughout the generations, beginning with an event early in the Torah itself.

    The Ramban and Rambam famously debate the general question of war as it pertains to ostensibly innocent civilians. The debate, which is based on Shimon and Levi’s battle over their sister Dina’s abduction, is germane to the question of captured terrorists.

    The Ramban believed that Shimon and Levi’s decision to kill all the males of Shechem was an error, one for which Yaakov reprimanded them. After all, why should the city’s ordinary citizens have been held accountable for the action of their leaders? How could they have stopped it?

    Rambam, however, believes that the citizens were not powerless; in fact, they had failed to fulfill the universal obligation to establish justice systems. Because setting up courts is one of the seven Noachide laws, those who fail to do so are equally liable to death.

    In Gur Aryeh, the Maharal seeks to combine these two views. He suggests that although, on one hand, the civilians of Shechem cannot be held responsible, the rules in a time of war are different. A nation must respond to threat with force so as to end present and future danger, and this means that civilians may be affected. While this position is not an argument for the capricious killing of civilians, the Maharal does seem to support strategic strikes even if noncombatants will be harmed.

    A quick look at modern warfare would support a silent secular agreement with the Maharal’s view. From the United States’ recent bombing of a hospital (purported to be an accident) to the more than 100,000 victims of the bombings of Hiroshima and Nagasaki, which brought World War II to an end, it seems that world powers are resigned to such carnage when it is absolutely necessary.

    In the case of a captured terrorist, therefore, it seems there may be support for a country under attack to carry out unceremonious executions of captured killers, since this is a means of deterring the enemy.

    Rodef

    Even when in a situation involving two Jews, the Torah makes it very clear that one is allowed to kill a pursuer (rodef) in self-defense. We should also point out parenthetically that the Bach and the Shach discuss the issur of retzichah and whether it is suspended during a time of war for the zayin amim.2

    Although a terrorist is clearly a rodef, a halachicpursuer whom we are permitted to kill, we can only do so if there is no other way of stopping him. As Chazal point out, if one can stop a pursuer by shooting him in a limb, for example, that is all that would be allowed. Someone in captivity is already immobilized, so what allowance would there be to kill him based on the principle of rodef?

    One may argue that a subdued terrorist should be seen as a passive pursuer. This means there are times when the mere presence of an innocent person is dangerous3—for example, a case where a baby’s crying will alert the enemy to one’s presence, or when the enemy orders a community to hand over an innocent person on the threat that they will all be killed otherwise. In such a case, halachah will sometimes view the innocent person as a rodef.4

    Based on this idea of a “passive rodef,”perhaps one can argue that the fact that we choose to keep enemy prisoners alive and in relatively good health during a time of war only emboldens the enemy to continue killing us. Astonishingly, the average weight gain among al-Qaeda detainees in American hands is about twenty pounds!5

    However, all of this is academic as many poskim contend that the halachah of dina d’malchusa (adhering to modern secular law) outweighs the halachos of redifah. This means that even if a cogent halachic argument can be made for putting to death a captured killer, there would be little an IDF soldier could do about it legally.

    Sofek Rodef: A Possible Future Rodef

    The issue of prisoner exchanges is a related—and volatile—issue that we have discussed in the past (see issue 43, “Gilad Shalit: Sundry Matters”). According to those poskim who favor such exchanges, killing the terrorist may mean eliminating a real negotiating tool. This is not to support such an argument, of course, but simply to raise awareness of it.

    Indeed, strong disapproval of such exchanges based on the argument that they may result in Jewish deaths may actually be an argument in favor of execution, because it prevents dangerous terrorists from being returned to the street. Yet at most, such an argument would only make the captured terrorist a safek rodef (possible rodef).

    Aside from the fact that the principle of dina d’malchusa dina eclipses such arguments, Rav Chaim Ozer and many others6 argue that a possible rodef is not the same as a rodef.

    Geneva Conventions

    Even if we could resolve all of the dilemmas raised thus far, perhaps the most critical issue is how the state of Israel and halachah should view the rules of war established at the Geneva Convention, as well as various United Nations agreements.

    Rav Chaim Jachter, after a lengthy treatment of the issue of killing innocents in wartime, cites the following passage from The Case for Israel by famed professor Allen Dershowitz, in support of the argument that not all international laws, or countries following them, are created equal:

    “Although collective punishment is prohibited by international law, it is widely practiced throughout the world, including the most democratic and liberty-minded countries. Indeed, no system of international deterrence can be effective without some reliance on collective punishment. Every time one nation retaliates against another, it collectively punishes citizens of that country. The American and British bombings of German cities punished the residents of those cities. The atomic bombings of Hiroshima and Nagasaki killed thousands of innocent Japanese for the crimes of their leaders. The bombing of military targets inevitably kills civilians.”

    In other words while there are certainly agreements like the Geneva Conventions, there seems to be surreptitiously accepted understandings, practices and immunities in a time of war. This is without even addressing the latest United States targeted drone killings, which some argue are questionable according to a strict reading of codified international law.

    Chillul Hashem

    Above all, we must be mindful of chillul Hashem.

    Let us conclude with the words of Rav Yehudah Henkin, grandson of Rav Yosef Eliyahu Henkin, one of the great poskim of the last generation, and the father of Eitam Henkin, who was murdered along with his wife, Naama, during Sukkos in what is now viewed as the beginning of the current wave of attacks.

    In his halachicwork Bnai Banim7 he focuses on questions similar to the ones we have raised here. He writes that even in war, regardless of what halachah permits, we also must be concerned about chillul Hashem.

    He points to Sefer Yehoshua (ch. 9), in which the Givonim fool Bnei Yisrael into entering into an alliance with them and allowing them to remain alive. The Gemara8wonders why this treaty was not voided as soon as the ruse was discovered. The Gemaraanswers, “In order to sanctify Hashem’s Name”; Rashiexplains that Yehoshua was concerned about the Jewish army’s reputation among the nations if it did not honor its treaties.

    It is of interest, I believe, that while the Gemara uses a positive expression (“due to a kiddush Hashem”), the Rambam, in codifying as law the story of the Givonim,9 uses the negative (“due to a chillul Hashem”). The indication is that even during a war, when defending ourselves is a top priority, we must find ways to prevent a chillul Hashem—as well as going out of our way (if it won’t put lives at risk) to create an active kiddushHashem.

    May we achieve both of these ideals, maintaining our achdus as we debate these serious matters. And may these attacks end quickly, leaving all such questions academic in nature as we herald Moshiach Tzidkeinu.

    NOTES

    1. Igros Moshe Choshen Mishpat 2:68.
    2. See Shulchan Aruch Yoreh Deah, siman 158:1. Regarding the application of this concept today, see, for example, Rambam Hilchos Melachim 5:4, and Tashbeitz 93.
    3. See Rama Yoreh Deah 157:1 et al.
    4. See note 20 in Rabbi Bleich’s “Torture and the Ticking Time Bomb” for further details on this type of rodef.
    5. USA Today, 10/3/06. See also the thorough study conducted by Seton Hall’s Center for Research and Development, which reports that 50.67% of the detainees housed there are overweight!
    6. See the strong words of Rav Moshe in Choshen Mishpat 2:69:4.
    7. Vol. 3, maamar 4, page 4, 185-194.
    8. Gittin 46.

    Hilchos Melachim 6:5.