Monday, January 28, 2019

Most Mitzvot Are For Everyone, and non-ritualistic

Parshat Mishpatim

by Rabbi Avi Billet

Mishpatim is one of the more prolific parshas in terms of numbers of mitzvot it contains: close to 10% of the mitzvot of the Torah are in Mishpatim.

What sometimes gets lost in translation is where the mitzvot of the Torah focus. Owing to how we view shul as so essential to our daily and weekly existence, we somehow get the impression that shul ritual is where most of our day to day mitzvot are observed. In that sense, on account of how we conduct synagogue ritual in the Orthodox community, sometimes the feeling is that our community is more male-centered in terms of religious obligation than female-centered. This would certainly be a valid argument if Judaism were all and only about the wearing of a tallit and tefillin and the reading of the Torah and leading the prayers in a minyan.

But here is the little secret. Judaism is not heavily centered or focused on the shul and on shul ritual. Shul is a means for fulfilling a small number of mitzvot in a more special atmosphere, in the presence of a minyan.

It helps elevate davening, but one can pray, and have elevated "tefillah" almost anywhere. It gives those who go daily a mini-structure to the day, but having set times for “tefillah” can give anyone structure anywhere. It gives us a forum for fulfilling our mitzvah of reading from the Torah, but full-blown Torah study is available to everyone, with a vowelized (and translated) Chumash anywhere. Beyond that, shul is not where the center of Judaism and Jewish practice lies.

That center lies in the home. It lies in the world. It lies in how people deal with one another. It is in the settling of disputes which inevitably rise. When two people get married, we don’t bless them that they should have a great shul life. We say “You should build a Bayit Neeman B’Yisrael.” A house of faith, of trustworthiness, where God is placed on a pedestal, and how people behave and act defines our values.

That’s the difference between middot (model behavior) and mitzvot (fulfilling commandments) as well. Some mitzvot contain in them good middot. Consider the following mitzvot: Sharing with the indigent and needy, standing for the elderly, loving your neighbor, loving the stranger. Mitzvot in general are meant to help us develop our middot skills, to have awareness of our surroundings, our goals in life, our relationship with God, and how that relationship is supposed to inform our development as a good person.

And Parshat Mishpatim is a great example for this. How many of the mitzvot in Mishpatim deal with shul?

Maybe one. “Three times a year all your remembrances shall appear before the Master, Hashem.” This refers to going up to Jerusalem during the holidays when there is a Temple. But there is no Temple today.

What follows are mitzvot many of us can relate to on a more regular basis than whether we find ourselves in synagogue on a regular basis.

Not to strike or curse our parents.

Not to hit anyone in a manner that may lead to their death. The responsibility of having to pay people for injuring them. If your property causes someone else damage, you have responsibility to pay for it.

Don’t oppress stranger, or widow or orphan – these are, in some cases, the most vulnerable people in our society. They need to be treated nicely, warmly, welcome, a part of things.

Not to tell stories about people – Lashon Hora, slander, true or false – aimed at bringing people down.

Distancing from falsehood – Midvar Sheker Tirchak. The pasuk doesn’t say not to speak falsehoods – which we are actually told elsewhere in the parsha - but to distance from falsehood. Sometimes people say things, do things, believe things, talk about things that are untrue. Maybe they live a lie, maybe they create an image which is untrue. You have two choices – investigate to find truth, or recognize that without that investigation, you don’t know what the truth is.

Respect for the Ger – the person who joins the Jewish people.

The parsha also mentions resting on Shabbat, observing the holidays, and not mentioning other gods by name.

There are many more mitzvot in the Torah that relate to our relationship with others and with God. This list includes the rules surrounding whom we may and may not marry, the rules to not eat unkosher food, not to murder, not to be a false prophet, not to worship idols.

Our lives are meant to be guided by a thoughtfulness and mindfulness, recognizing and understanding that there’s so much to learn.

Too many distractions take us away from fulfilling our mission to learn. May we be blessed to find incredible ways to fill the precious time we have, as we grow in knowledge and in our connection to God.

Thursday, January 24, 2019

An Open Letter to the Jewish Community

An important conversation is needed in the Jewish community in the very near future.

Regardless of where one stands on the spectrum of health-decisions, the vaccine question (mandatory, optional, only beneficial, questionable side-effects) is one which will not be settled in any forum. Certainly not online, in chat groups, or even in person. There are those who feel there is only one side. There are those who feel there are two sides.

Those who vaccinate believe strongly in their position. Those who do not vaccinate believe strongly in their position. There is an insurmountable impasse that no amount of sharing of information will convince the other side to accept or change.

The biggest concerns I have are over the repercussions of the realities just laid out because they are currently impacting the Jewish community, and we must come up with solutions soon, or many Jewish families will find themselves without a community.

  1. We must realize that every Jewish soul is precious, even with a different view of health 
  2. We must realize that every Jewish family is part of our collective family – they and we are all included in Acheinu Kol Beit Yisrael 
  3. We have to come to an understanding of what constitutes a danger to others vs what is not a danger to others 
  4. We have to find a compromise that allows all children to attend school regardless of family health choices (contingent on acceptable answers to #3) 

I know there are people who are willing to have this conversation. A forum needs to be provided so that all fears can be addressed, and compromises and understandings can be reached.

An equally important burden we face is regarding the issue of Sinat Chinam. We all know that “Sinat Chinam” destroyed the Temple. Arguably, it continues to prevent the Temple from being rebuilt. Sinat Chinam doesn’t mean baseless hatred – in most cases everyone has a reason for hating. The Netziv explains that Sinat Chinam is the kind of hatred that either leads to murder or that leads to wanting others to die.
 http://arabbiwithoutacause.blogspot.com/2017/07/baseless-hatred-and-love-is-never.html

In this circular dispute, which will never end, I keep seeing patterns of behavior, most of which I believe are detrimental to the Jewish community. I have been contacted by people around the country who have been the recipients or subjects of the following:

Lashon Hora, inexcusable Sinat Chinam, character smears, assumption of motivation, name-calling, labeling, the calling for excommunicating others or the active excommunication which has taken place in some cities around the country, turning people into pariahs over their personal and private choices, breaking friendships over these differences, pressure being put on educators, camps, communal leaders to specifically exclude certain families from the community, lack of civility towards others who think differently.

I do believe everyone has everyone else’s best interests in mind and does not believe they are a danger to anyone else. Additionally, no one who truly loves Am Yisrael wants for anyone to get sick or die.

Without hearing different sides and being able to process as much information as is readily available, we will remain at an impasse, incapable of coming to an equitable compromise and reasonable solution to our quandary.

How can we live together, share our communities and infrastructures of schools, shuls and camps, and still view each other as having supreme human and Jewish value?

Can we have the conversation? Neshamas are at risk!

Tuesday, January 22, 2019

Considering the Viewpoint of the Minority Opposition

Parshat Yitro

by Rabbi Avi Billet

I’m a big of a fan of Menachem Begin OBM. One of the things I most admire about him is his tenacity in being the leader of the opposition in Israeli politics for close to 30 years, before he became Prime Minister in 1977.

Opposition is good. Sometimes it helps us fine-tune our thoughts and beliefs. Sometimes it exposes us to new ideas, and forces us to at the very least consider the validity of a different point of view. Sometimes it gets us to reconsider and even change our own views. In the best cases, even when we have ideological and philosophical differences, the best of humanity can emerge when people who think and believe differently can keep their disagreements on policy in one arena, while being very good friends in “real life.”

I have friends who live their Judaism differently than I do, friends who think very differently politically, and friends with whom I share very little in common. I’m not sure how to explain it beyond, “I just like the guy.”

Moshe’s father-in-law shows up, not having been with the Israelites through their plight in Egypt of slavery, plagues, Exodus and salvation at the sea, and after formalities Yitro watches his son-in-law judge the people. All day long people stand in line waiting for their turn with Moshe. Yitro is critical (which father-in-law would not be critical?) because he is sure he has a better system.

And what is his system?
 “You must be God's representative for the people, and bring [their] concerns to God. Clarify the decrees and laws for [the people]. Show them the path they must take, and the things they must do. 'But you must [also] seek out from among all the people capable, God-fearing men - men of truth, who hate injustice. You must then appoint them over [the people] as leaders of thousands, leaders of hundreds, leaders of fifties, and leaders of tens. 'Let them administer justice for the people on a regular basis. Of course, they will have to bring every major case to you, but they can judge the minor cases by themselves. They will then share the burden, making things easier for you. If you agree to this, and God concurs, you will be able to survive. This entire nation will then also be able to attain its goal of peace.' (18:19-23) 
There need to be multiple judges. Different viewpoints need to be considered and brought in. Life is filled with subtlety and nuance. You can’t possibly do it alone. Your life experience is not necessarily their life experience. You can teach law! But you need other people, who are God-fearing and who seek truth.

While the personality-traits of these judges focused on their hatred of injustice and love of truth, we know nothing of their politics or their views on any aspect of life.

There is a fascinating rule of the Sanhedrin. Rav Kahana said, “A Sanhedrin who all see the defendant as guilty? He (the defendant) is exempt.” (Talmud Sanhedrin 17a) While a majority often rules, when the consensus is all on one side, and there is no opposition, and no one to advocate for the other side, for the defendant to have a hearing, then the case is essentially thrown out. If everyone is biased against the defendant, it’s not a court “case.” It’s simply an execution.

In high school, I remember our class being assigned to watch the film “Twelve Angry Men.” It is a play that was turned into a movie, and it surrounds a murder case with a young man on trial for his life. The jurors are warned to be impartial, to consider all the evidence, and to remember: “One man is dead. The life of another is at stake. If there is a reasonable doubt in your minds as to the guilt of the accused . . . then you must declare him not guilty. If, however, there is no reasonable doubt, then he must be found guilty.”

They are not a Sanhedrin. As a jury, they have to come to a unanimous decision.

So they all file into the jury room. Each juror has his own reasons for why he wants to get this over with and leave. Before discussing the case, they have a preliminary vote in which everyone but one (Juror 8) votes “Guilty.” The play is great – it touches on a number of issues of racism and bigotry, mistrust of the other, of the foreigner, etc – and the way each member of the jury slowly turns to “not guilty” (as they actually examine the evidence!) is an incredible journey with dramatic appeal.

This is how No. 8 begins the drama:

NO. 10: (to NO. 8). Well, do you believe his story?
NO. 8: I don't know whether I believe it or not. Maybe I don't.
NO. 7: So what'd you vote not guilty for?
NO. 8: There were eleven votes for guilty. It's not so easy for me to raise my hand and send a boy off to die without talking about it first. 
NO. 7: Who says it's easy for me?
NO. 8: No one.
NO. 7: What, just because I voted fast? I think the guy's guilty. You couldn't change my mind if you talked for a hundred years.
NO. 8: I don't want to change your mind. I just want to talk for a while. Look, this boy's been kicked around all his life. You know, living in a slum, his mother dead since he was nine. That's not a very good head start. He's a tough, angry kid. You know why slum kids get that way? Because we knock 'em on the head once a day, every day. I think maybe we owe him a few words. That's all.

Maybe Yitro was trying to ease a tremendous burden off his son-in-law. But maybe he was also trying to say, “Having many voices is also good! Have dialogue. Have dissent. Hash it out. Keep it civil! But each side needs to be heard. There’s a reason why you need to have an opposition!”

“Moses took his father-in-law's advice, and did all that he said.” (18:24)

He brought in the judges, he had multiple viewpoints presented, and the dialogues began. Different sides and different views had their day in court. In short, it was an honorable symphony of disagreement.

It’s a good lesson for all of us to put in practice as well. To consider another point of view, to see the other view as valid, even when there is disgreement, and to remember that our love of our fellow Jew should always triumph over our not agreeing, in whatever arena we find ourselves on different sides of an aisle.

Menachem Begin was in the minority for 29 years. And then he became Prime Minister. Which just goes to show that winds change. The "majority" might one day become the minority. And when that happens, we still need to live together in peace.


Sunday, January 20, 2019

ונשמרתם מאד לנפשותיכם - And you shall be very guarding of your souls

The Talmud records a tale of a non-Jewish officer who came across a pious Jew praying. When the Jew did not interrupt his prayer to greet or respond to the officer, the officer waited for him to finish praying, then berated him, “Boor! Does it not say in your Torah ‘Beware for yourself and guard your soul very much!’ and ‘You shall beware for your soul very much’ (Devarim 4:9,15)? Were I to cut off your head, who would [hold me accountable]?” (Brachot 32b, bottom of the page)

In other words, this officer was demonstrating, through his vast knowledge of the Torah (a tongue in cheek approbation), that the mitzvah to guard your “Nefesh” (soul) means you must take care of your physical body. In this particular case, interrupt your prayer to God, to avoid a Roman officer’s chopping off your head.

The Jew responded to the officer logically, saying “If you were speaking to your king and your friend greeted you, would you respond to your friend?” The officer replied, “Of course not! The king would chop off my head!” And the Jew said, “Well I was talking to the King of Kings. So of course it would have been inappropriate for me to respond to you.”

It seems the Jew was a little more knowledgeable in Torah, and knew what these verses actually meant. The souls of the Jewish people are most important. The body is only a vessel that allow us to perform mitzvos.

Most interestingly, that is the ONLY time the verse ונשמרתם מאד לנפשותיכם appears in the Talmud!! (the phrase also appears in Yehoshua 23:11)

In looking up those verses, the earliest commentary I found who actually said that the verses in question mean “You must take care of your bodies” is a passing reference in the Kli Yakar (early 1600s), and beyond that only the Netziv – the last Rosh Yeshiva of the Volozhin Yeshiva, who died in the late 1890s. [My research is not exhaustive - that is impossible. The Torah Temimah has a discussion about it (see at the very end, below), and he also raises the connection to physical care, while noting the other side of spiritual care.]

Prior to that, and most assuredly based on the context of the verses, the only understanding of these verses - with one very notable exception - is that we must guard ourselves from idolatry, and protect our souls from influences that would turn us away from God. 

The exception to this is Maimonides, of course, who, as a physician, put much information about health and taking care of oneself in "Hilchos De'os." Maimonides certainly was a medical expert in his time, following medical science of his time. And he imparted that knowledge in his halakhic work, because it is certainly true that in order for a person to take care of one's soul properly, one needs good health. (Contemporary nutritionists and medical-personnel might take issue with much of Rambam's health and nutrition advice - a topic well beyond the scope of this little essay)

There is no question that our souls need constant care. We need to pray, study, learn, refuel, reconnect as often as possible. The survival of the Jewish people as practicing Jews is undoubtedly due to our success in that arena. 

And this is why, the Jewish people, of all people, must be most concerned and most on top of the need for every Jewish child to be able to be given a Jewish education. So that we are all fulfilling our true mandate - after all the verse is written in the plural and is an instruction to the masses - to protect and guard our souls, our spiritual essence.

Should we take of our bodies? Absolutely. There are many ways to do that.

But to use this verse as the source to take care of our bodies is a little disingenuous, as the verse is referring to guarding over one's spirit.

*****************************************************
See here, where Rav Elyashiv suggests that cursing oneself (a prohibition) is considered a violation of this verse, which would suggest that tangentially this verse relates to taking care of one's {presumably physical] life. The line in bold and underlined is where he says "how people are accustomed to express - that one must be careful of life-threatening situations because of the verse 'you must carefully guard your souls' - that is surely an error." Guarding your soul is therefore a warning about the spiritual...

הערות הגרי"ש אלישיב מסכת ברכות דף לב עמוד ב
וכן מה שמורגל בפי העולם לומר שצריך ליזהר בפקוח נפש משום ונשמרתם מאד לנפשותיכם לכאורה הוא טעות. אמנם אפש"ל מנהג העולם עפ"י מה דאיתא בשבועות דכל המקלל את עצמו עובר בונשמרתם מאד לנפשותיכם חזינן מהאי ענינא דלשמור על החיים כלול בהאי קרא.

******************************************
See Abravanel
אברבנאל דברים פרק ד
כמו שאמר בענין האמונה האמתית (חבקוק ב) וצדיק באמונתו יחיה. והוא אמרו ונשמרתם מאד לנפשותיכם. רוצה לומר ונשמרתם מאד מזה בעבור נפשותיכם והכריחם על השמירה מזה באמרו כי לא ראיתם כל תמונה ביום דבר ה' אליכם בחורב מתוך האש והוא המורה שאין גשמות למעלה ואיך אם כן תעשו אתם תמונה. 

See the Torah Temimah who references a number of passages from the Talmud regarding ושמר נפשך מאד.  For ease, here is the Torah Temimah's cross references. The first one is the Talmudic tale with which this article began.



תורה תמימה דברים פרק ד פסוק ט
(ט) ושמר נפשך - ת"ר, מעשה בחסיד אחד שהיה מתפלל בדרך ובא שר אחד ונתן לו שלום ולא החזיר לו, לאחר שסיים תפלתו, אמר לו, והלא כתיב בתורתכם רק השמר לך ושמור נפשך, וכתיב (פ' ט"ו) ונשמרתם מאוד לנפשותיכם, ולמה לא החזרת לי שלום, אם הייתי חותך את ראשך בסייף מי היה תובע את דמך מידי, אמר ליה, אלו לפני מלך בו"ד היית עומד ובא חבירך ונתן לך שלום היית מחזיר לו, אמר ליה לא, אמר ליה ומה לפני מלך בו"ד כך, אני שהייתי עומד לפני מלך מלכי המלכים הקדוש ברוך הוא על אחת כמה וכמה, מיד נתפייס אותו השר    טז) [ברכות ל"ב ב']:

ושמר נפשך - תניא, המקלל עצמו עובר בל"ת, דכתיב רק השמר לך ושמור נפשך מאד, וכדר' אבין, דאמר כל מקום שנאמר השמר פן ואל אינו אלא ל"ת    יז) [שבועות ל"ו א']:

פן תשכח - תנן, ר' מאיר אומר, כל השוכח דבר אחד ממשנתו מעלה עליו הכתוב כאלו מתחייב בנפשו, שנאמר ושמור נפשך מאוד פן תשכח את הדברים אשר ראו עינך   יח) יכול אפילו תקפה עליו משנתו, ת"ל ופן יסורו מלבבך, הא אינו מתחייב בנפשו עד שישב ויסירם מלבוי    ט) [אבות פ"ג מ"ח]:

פן תשכח - אמר ריש לקיש, כל השוכח דבר אחד מתלמודו עובר בלאו, שנאמר השמר לך ושמור נפשך מאוד פן תשכח וגו'    כ), רבינא אמר, השמר ופן שני לאוין נינהו, רב נחמן בר יצחק אמר, עובר בג' לאוין, שנאמר השמר לך ושמור נפשך מאד פן תשכח, יכול אפילו מחמת אונסו, ת"ל ופן יסורו מלבבך, במסירם מלבו הכתוב מדבר    כא) [מנחות צ"ט ב']:

Here are his footnotes on the passages he quotes. The part I put in bold specifically addresses the verse in question. Please note the debate he records between the different authorities - Maharsha versus Maimonides - as to whether this verse refers to protecting the soul or protecting the body...

תורה תמימה - הערות דברים פרק ד
טז) צ"ל דלא מדינא עשה החסיד כן אלא ממדת חסידות יתירה, שהרי לדינא קיי"ל דלמלכי עובדי כוכבים פוסקין, או דידע החסיד באותו השר שלא יהרגנו ורק יחכה לתשובתו אם תעלה יפה, והיה בטוח שבתשובה זו יתפייס, יען כי זולת זה אפשר לומר שאפילו ממדת חסידות אסור לעמוד במקום סכנה, ודרכי התורה דרכי נועם. -
והנה כתב המהרש"א כאן וז"ל, האי קרא בשכחת התורה מיירי וכו' ולא איירו כלל הני קראי בשמירת נפש אדם עצמו מסכנה, עכ"ל. ולפי דבריו צ"ל דרק לדחויי בעלמא השיב החסיד לההגמון מה שהשיב, אחרי דלא איירו כלל בשמירת הגוף, וכן מה דמרגלי בפומא דאינשי הפסוק ונשמרתם מאוד לנפשותיכם לכל ענין היזק גופני הוא לדברי המהרש"א בטעות.
אבל לא כן מפורש דעת הרמב"ם שכתב בפי"א ה"ד מרוצח וז"ל, מ"ע להסיר כל מכשול שיש בו משום סכנת נפשות ולהשמר בדבר יפה יפה שנאמר השמר לך ושמור נפשך מאוד, עכ"ל. הרי מפרש לשונות הפסוקים האלה מפורש בשמירת הגוף.
ויש ראיה לפי' זה ממ"ש בשבועות ל"ו א' דאסור לאדם לקלל עצמו [כלומר את גופו] וילפו זה מפסוק זה השמר לך ושמור נפשך מאוד.
וקרוב לומר שמפרשים חז"ל שיעור הכתובים האלה ע"ד הצווי בפרשת ק"ש השמרו לכם וגו' ומה שתפס שמירת הגוף בשם שמירת הנפש לא קשה כלל, דכך לשון התורה בכ"מ, כמו טמא לנפש, הנפש הנוגעת, כי הצלת נפשי ממות, המבקשים את נפשך והרבה כהנה, ויותר מזה מצינו בתענית כ"ב ב' אסור לאדם לסגף עצמו בתענית דכתיב ויהי האדם לנפש חיה, נשמה שנתתי בך החייה, הרי דמביא ראיה לשמירת הגוף מלשון חיות הנפש, ובב"ק צ"א ב' יליף דאסור לאדם לחבל עצמו מפסוק אך את דמכם לנפשותיכם אדרוש, ואף הכא כולל במצות אזהרת שמירת הנפש גם אזהרת שמירת הגוף, ודו"ק:

יז) ועיין ברמב"ם פכ"ו ה"ג מסנהדרין, המקלל עצמו לוקה כמו שקלל אחרים שנאמר השמר לך ושמור נפשך, עכ"ל. ויש להעיר לפי המבואר בדרשה בסמוך ממנחות צ"ח ב' דהשמר ושמור נפשך הן שני לאוין למה לא ילקה שמונים כאן, וצ"ל דלענין מלקות כיון שהוכפלו בענין אחד נחשבין כחד, ורק לענין תוקף האזהרה אמרו דעובר משום שני לאוין, וראיה לזה דבמקום שהדין שלוקה משום שני לאוין אמרו מפורש לוקה שתים לוקה שלש, כנודע, ועיין בסה"מ להרמב"ם בשורש התשיעי:

יח) איירי בשוכח על ידי שמתעצל מלחזור עליה תמיד, דבזה גלי אדעתיה שאינו חושש אם ישכחם. ואמנם אין לפרש דהלשון אשר ראו עיניך קאי על ראיית נסים במדבר, דהא זה נאמר גם לדורות האחרונים שלא ראו עוד הנסים וכפי שנבאר בסמוך:

יט) ר"ל יכול אפילו אם היה הענין שלמד עמוק הרבה מכפי כח השגתו וע"י זה לא נקלט הדבר במוחו ושכחו והו"א דהזהירה התורה שלא יזוז משם עד שישיגנו ויבינהו היטב, ת"ל ופן יסירו, מלמד שאינו חייב אלא אם הסירם מחמת עצלות והתרשלות לחזור על מה שהשיג ביגיעה וכשרון. -
והנה אינו מבואר כל כך הענין שאמר כאלו מתחייב בנפשו, דלשון זה רגיל בעלמא על מי שנענש באיזה עונש גופני או רוחני אמרו על זה שהוא בעצמו מתחייב בנפשו על העונש וכאן הלא לא נתפרש בפסוק שמגיע לו עונש, ורק אזהרה בלבד היא.
ואפשר לומר דמכוין למ"ש ביומא ל"ח ב', כל המשכח דבר אחד מתלמודו גורם גלות לבניו שנאמר ותשכח ה' אלהיך אשכח בניך גם אני, ר' אבהו אמר, מורידין אותו מגדולתו שנאמר כי אתה הדעת מאסת ואמאסך מכהן לי, יעו"ש. ולפי"ז הלא גם נענש על זה, ואמר בזה שהוא בעצמו מתחייב בנפשו על העונשים הבאים עבור זה:

כ) עיין מש"כ בדרשה דלעיל, וסמך על מה דקיי"ל בעלמא כל מקום שנאמר השמר פן אינו אלא ל"ת:

כא) עיין מש"כ לעיל אות י"ז, ולכאורה משמע דרבינא ורנב"י שמוסיפים כל אחד לאו אחד אליבא דנפשייהו אמרו כן ולא אליבא דר"ל, אלא ר"ל ס"ל דעובר רק בלאו אחד. אבל באמת נראה דשניהם מפרשי אליבא דר"ל, והיינו דרבינא ס"ל דר"ל כיון לשני לאוין ורנב"י אמר דכיון ר"ל לשלשה לאוין, וראיה מכרחת לזה נראה מיומא פ"ט א', אמר ר"ל, מפני מה לא נאמרה אזהרה בענוי [ביוהכ"פ] משום דלא אפשר, עיין שם בטעם הדבר, מתקיף לה ר' הושעיא, ולכתוב רחמנא השמר פן לא תעונה ומשני א"כ נפישי להו לאוי, ר"ל דהשמר ופן הם שני לאוין ואנן בעינן רק לאו אחד, וכל זה מוסב אליבא דר"ל, ולפי"ז אי נימא דר"ל כאן ס"ל דאינו עובר רק על לאו אחד אף דכתיב כאן השמר ופן א"כ מאי קאמר א"כ נפישי להו לאוי, אלא ע"כ דרבינא ורנב"י מפרשי אליבא דר"ל, ולפי"ז מכוונת דעתו דר"ל כאן לדעת הגמרא אליביה ביומא, ודו"ק: 

Monday, January 14, 2019

Zeh Keli V'anVayhu - This is my Vessel? Or my God?

Parshat Beshalach 

by Rabbi Avi Billet

On a whim I checked out the website of a renowned Judaica store to see what’s available these days. Leaving aside that the only Judaica I really buy these days are books, I felt a little out of touch when I clicked on the garment section of the website.

Of course size (the amount of fabric) will change the price a little. But after going through the “Talis Wizard,” I found that buying a basic tallis with no trimmings was to cost $160. Once you start throwing in hand-tied strings (especially techeiles – blue strings), and even a remotely ornate atarah (not sure how to translate… it’s a head-band for the tallis), the tallis gets into the realm of $300-$400. Throw in a silver or crystal atarah, and the price has gone up anywhere from an additional $250 to $1000.

And the decisions! Do I want a weekday tallis? A Shabbos tallis? Cashmere? Texture? Summer wool? Winter wool? Non-slip? Traditional/classical slippery?

Then I moved onto kittels. And while the cheap ones were $60, the elegant and ornate kittels cost as much as $250.

Challah boards – the low end ones cost $20. The highest? $460! More decisions! Wood, glass, tempered glass, artistic, metal, silver? With a salt dip, with a place for the knife, with a built in challah cover?

Candlesticks? $13 to $690!

Please do not misunderstand. I do not begrudge the store for giving people options. I do not begrudge those who can afford the higher end items, who would like to beautify their Shabbos table. Similarly, those who believe a beautiful tallis and kittel will enhance their davening and connection with God, more power to you. Thank God, gartels are affordable!

However, let us not fool ourselves into thinking that the only reason we spend this kind of money on “things” is to glorify God.

The second verse in “Az Yashir” (15:2) includes the phrase “Zeh Keli V’anvayhu” – This is my God, and I will glorify Him.

It is Rabbi Yishmael, the son of Rabbi Yochanan ben Berokah who asked “Is it possible for a person to glorify God? Rather, glorify Him through the performance of mitzvos. Have a beautiful lulav, a beautiful sukkah, beautiful tzizis, beautiful tefillin.” (Pesikta) The Talmud (Shabbat 133b) adds a few more items: a beautiful shofar, a beautiful Torah (written with beautiful ink, a beautiful quill, etc.)]

The Talmud (Shabbat 25b) has the following comments about wealth: Who is wealthy? Anyone who takes pleasure in his wealth. These are the words of Rabbi Meir. Rabbi Tarfon says, Anyone who has a hundred vineyards, a hundred fields, and hundred servants. Rabbi Akiva says, Anyone who has a wife beautiful in deeds, Rabbi Yose says, Anyone who has a bathroom close to his table.

Maharsha explains Rabbi Yose’s opinion to mean that one’s ability to live longer (equating wealth with health) is enhanced by having convenient access to good hygiene behaviors.

All of this simply indicates that wealth priorities are in the eye of the beholder. Certainly the teaching of Rabbi Yishmael is that the people at the sea essentially pointed to God and said, “Zeh Keli!” This is my God! “V’anvayhu” and I will glorify Him!

Today, it seems that many people forget that the word “Keli”  (ק-לי) (my God) is actually modified from its correct pronunciation, because we do not want to say God’s name in vain. As a result, it sounds like we are saying “Zeh keli” (כלי) – this is my vessel (a “klee” is a vessel) and I will glorify it! 

When men come hours late to davening on Shabbos, then pull out their tallis with the 7 inch deep silver-atarah, throw it over their heads in a fitting display of “Do you see how fancy my tallis is?,” then sit engrossed (Don’t disturb me!) in catching up to the davening, the focus is on the klee (the vessel) (כלי), and not on God (ק-לי).

The people at the sea were so enamored by their God that all they could do is point and say “I want to glorify HIM.” Because it’s not about me. It’s about how I can use the gifts He has given me to enhance my relationship with Him!

Rabbi Meir and Rabbi Tarfon remind us that those who are blessed with financial wealth are only truly “wealthy” when they can use the money to glorify God, whether through charitable or philanthropic work. Rabbi Akiva reminds us that true wealth can be found at home, if we only let the best of others bring out the best in ourselves. Rabbi Yose reminds us that wealth can be described as making good choices for one’s health, mostly in hygiene decisions and opportunities.

Rabbi Yishmael’s view focuses on physical items. But he never recommends that the items become the goal. They are the means for better serving God, and not for showing off.

Buy the fancy tallis, the fancy kittel! But be the most humble and inspiring “mispallel” (one who prays) in the synagogue! Have the fancy candlesticks, the fancy challah board, esrog box, sukkah, etc. But make sure that the observance of these mitzvos is elevated. That the Shabbos table is elevated. That the mitzvah-experience becomes a source of inspiration to others. All rounded by the humility that should accompany a person who is serving the Almighty.

When one uses wealth to properly glorify God, without glorifying the wealth itself or the vessels it buys, one is truly reaching the heights of the service of God.

Wednesday, January 9, 2019

I will be Running in the Jerusalem Marathon - with your help!

To my Dear Family, Shul Members & Friends:

On March 15th 2019 I will, God willing, be running my first half marathon (13.1 miles) in Jerusalem for the benefit of Kav L’Noar through the help of the RabbisCanRun (RCR) program.  Kav L’Noar is a special family center in Israel that provides subsidized behavioral and emotional rehabilitative services to adolescents at risk and their families. The RCR initiative was developed to help raise much needed funds while also helping Rabbis improve their health and get more active. This year 13 Rabbis will be training and running together in Yerushalyim.

I have already started my training and will slowly be building my endurance in order to reach my training goal. I know training for the race will not be easy and will require time, commitment and consistent running. However I am ready for the challenge and believe that youth at risk and good health are matters worth the effort.

Please join me now in supporting Kav L’Noar to help me reach my individual goal of raising $6,000 and our collective goal of $90,000.  Funds raised will be managed by Olami but distributed to Kav L’Noar. Donations for any amount will be accepted and greatly appreciated.

Monday, January 7, 2019

Independent Thought: A Hallmark of Judaism that is Disappearing

Parshat Bo 

by Rabbi Avi Billet 

There is a tremendous quality that defined the Jewish people forever: Being receptive to opposing ideas and innovative thought, and coming to conclusions through processing as much readily available information as we can.

One of the early challenges to Moshe takes place in Bamidbar 11, when Eldad and Meidad prophesy in the camp. Yehoshua, ever the protector of his master Moshe, declared “My Master, Moshe, imprison them!” And Moshe’s response is, “Are you jealous for my sake? I only wish that all of God's people would have the gift of prophecy! Let God grant His spirit to them [all]!” (Bamidbar 11:26-29)

What a refreshing thing for a leader to say! Dissent is good! Disagreement is powerful! Sharing a platform of prophesy is good for the Jewish people. Hearing different voices is a strength for our community!

Demographics of communities often reflect this. In towns where there is always one shul, and the rabbi rules with an iron fist, shutting down any attempts at a new shul opening, one of two things happen.

The first possibility is that the rabbi lives and dies by the sword. The shul/community doesn’t grow, and when the rabbi retires or dies, the community falls apart.

The other result is that people eventually ignore the rabbi, and the community grows despite the rabbi’s objection, and the rabbi loses support from people who disagreed with his “my shul or bust” approach.

The most successful rabbis and leaders are comfortable in their skin, are cognizant of how a community grows, appreciate and understand how demographics move, adjust, and change, and they respond to the needs of evolving times.

One of the most revealing moments in the beginning of Parshat Bo comes when Pharaoh’s officials say to him, in advance of the pending plague of locusts, “How long will this [man Moshe] continue to be a menace to us? Let the men go, and let them serve God their Lord. Don't you yet realize that Egypt is being destroyed?” (10:7)

Imagine if Pharaoh had listened to another opinion! Imagine if he took their collective voice into consideration! Not only would he have avoided the last three plagues, and saved all the first borns of his nation, but there is a good chance the Israelites would have left for the 3-day journey they had been asking for, to worship God in the wilderness, and they would have returned to Egypt!

It is incredible to consider what the consequences are when the attitude is “my way, or the highway.”

Two of the greatest scholars of the Talmudic era were very rigid in their approaches to Torah study. Rabbi Eliezer ben Hyrcanus, one of the great students of Rabbi Yochanan ben Zakkai, was described by his teacher as “a plastered cistern that does not lose a drop, like a flask covered with pitch which retains its wine.” Using more modern imagery we might say his mind was like a steel trap. But his creativity in thought (certainly as compared to Rabbi Elazar ben Arakh, the absolute favored student of Rabbi Yochanan) was unimpressive. (See Sukkah 28a) In time, due in part to his inability to bend to see other views, he was excommunicated (Bava Metzia 59b).

Rabban Gamliel of Yavneh (aka Gamliel II) conducted himself in a manner which essentially silenced voices of dissent. After Rabbi Yochanan ben Zakkai petitioned Vespasian to save the family of Rabban Gamliel the Elder and the Torah academy in Yavneh (in addition to a doctor for Rav Tzadok), Rabbi Yochanan instituted new practices that would adjust to the new reality of a Temple-less Judaism. He was creative.

Not so Rabban Gamliel! Without going into too much detail, Rabban Gamliel aimed to destroy Rabbi Yehoshua on a number of different occasions, due to Rabbi Yehoshua’s having a different view (Mishnah Rosh Hashana 2:8-9; Talmud Brachot 27b-28a). Rabban Gamliel even played a significant role in deposing his own brother-in-law, Rabbi Eliezer ben Hyrcanus (see above), who in one significant case ruled differently than everyone else! And, in time, Rabban Gamliel himself was deposed and replaced as Head of the Academy by 18-year-old Rabbi Elazar ben Azariah.

The result of the change in leadership was that 400 or 700 benches were added to the Academy, and Torah study became accessible to many more students than ever before.

It took time, and perhaps several doses of humility, before Rabban Gamliel reconciled with Rabbi Yehoshua, realizing that there is room for different voices and different understandings of law. He was subsequently reinstated.

Indeed, any practice relating to the human experience may have different opinions and voices. Until recently, that kind of dissent was welcomed under what many people refer to as the “big tent.”

Now, more than ever, some of us are so rigid, our attitude is no different than Pharaoh or the stubborn rabbi: “My way or the highway.” This applies not just in halakha, but in other areas of how some people define "being part of a Jewish community."

Moshe Rabbenu taught us that even previous “nobodies,” Eldad and Meidad, are allowed to become prophets. Yehoshua had no more right to silence their voices than he had to silence Moshe’s voice. 

Silencing voices of opposition is contrary to Judaism. In fact, the opposite is true. When we open our ears and our minds to different opinions, and have the opportunity to process new information for ourselves, we only grow from the exposure to ideas we had never heard before, even and especially as we draw our own conclusions. All of us benefit from our newfound knowledge when, unlike Rabbi Eliezer and Rabban Gamliel, we are able to listen to dissenting voices and bend our own thinking in response to our newly acquired knowledge.

Friday, January 4, 2019

Moshe's Difficulty Speaking

Parshat Va'Era

by Rabbi Avi Billet

Twice in Shmot Chapter 6 Moshe issues the claim that “Ani Aral S’fatayim.” I have an uncircumcised lip.

Strange language, for sure. Uncircumcised usually means there is something covering that which we want to reveal so its goodness can be utilized. That is certainly one of the subtexts of the mitzvah of Bris Milah. It is also the clear metaphorical meaning of the removal of the “foreskin of the heart” (Devarim 10:16).

This is not the first time Moshe has talked about his mouth. He made a claim of having a “kvad peh ukhvad lashon” in 4:10, which we could translate to mean “a heavy mouth and a heavy tongue.”

Of course, Chizkuni explains that deficiency as Moshe’s attempt at claiming he has forgotten how to speak Egyptian. Other commentaries try to explain exactly what Moshe’s speech impediment was. 

Suffice it to say, the fact that the Torah has very significant doses of Moshe speaking to God, to Pharaoh, and to all of Israel, it is hard to argue that he had a deformity and speech impediment.

This is why I have long been of the belief that Moshe’s speech impediment was in his mind. Ibn Ezra says he couldn’t get the words out. Does this mean a physical deficiency? Or could it be he had no confidence to speak publicly?

While Rashi suggests Moshe’s repetition of “Ani Aral S’fatayim” is in fact a repeat, the context of the verses paints a very different picture.

After having been assured by God that Aharon would be Moshe’s spokesperson to the people (4:16), it seems Moshe and Aharon carry out their duties (4:28-31). Then when they come before Pharaoh, Aharon’s role is expanded as the verse tells us “They spoke before Pharaoh.” (5:1,3) Originally only Moshe was to speak to Pharaoh! But he needed support, so the plan changed. But did it? Or HaChaim notes that only Moshe spoke in chapter 5, but the verse says “they” spoke because when the guy next to the spokesman is nodding his approval the whole time, it’s as if both of them are speaking.

Which brings us to our verses.

6:9 – Moshe tells over God’s instructions [from the beginning of chapter 6], and the people do not listen from shortness of breath and hard labor.

Next verse: “Speak to Pharaoh that he shall send Israel out of his land.” Moshe’s response: “Israel did not listen to me, how will Pharaoh listen to me? And I, uncircumcised lips.” (6:12)

Moshe’s argument, first and foremost, is that if Israel is not convinced to listen, certainly Pharaoh will not be interested. The Israelites need to want to leave! If they’re too focused on work to want to go, Pharaoh needs no convincing to let the slaves leave. They don’t want to go! And my lips situation, Or HaChaim says that’s another knock in my leadership with respect to Pharaoh. If Pharaoh sees I have a difficulty speaking (and here we can branch off and say it doesn’t matter if he has a speech impediment or a mental block in getting words out), he’ll further say “If your God is so powerful, why doesn’t He help you speak?”

God’s response to this is twofold. First, He commands both Moshe and Aharon to the Israelites and to Pharaoh. Or HaChaim suggests the word “commands” is the word used to describe how the prophet Shmuel “appointed” Shaul to be a leader over Israel. In other words, God was anointing both of them to be rulers over Pharaoh and over Egypt. It is quite clear that their clout everywhere is quickly lifted, even though it will take Pharaoh a long time to finally let Israel leave.

Second, we are told the lineage of the families of Reuven, Shimon and Levi, with Levi expanded down to Moshe and Aharon’s family. This helps us understand why Israel should be more tolerant and accepting of Moshe, understanding he is one of them. This point is emphasized in 6:26-27 when they are listed first as Aharon and Moshe, then as Moshe and Aharon – putting them on equal footing and billing – that they are the men in charge of both Israel and Pharaoh.

Again Moshe is told to speak to Pharaoh (6:29) and his response is “I am of uncircumcised lips, and how will Pharaoh hear me/ listen to me?”

In case Moshe’s appointment as king over Pharaoh hadn’t been made clear, God tells him (7:1) “See that I have placed as you as a god to Pharaoh, and Aharon your brother will be your prophet. You will say all that I command you, and Aharon your brother will speak to Pharaoh…” (7:2)

Was Moshe asking for his own status to be elevated above his brother? Wasn’t Moshe the humblest of people? Why did Moshe recall his lips situation after God said it would be addressed through the presence of Aharon?

I think it’s because Moshe knew and understood Pharaoh. Pharaoh’s initial response to Moshe indicated that he did not care about the One God. If Moshe and Aharon show up as co-kings, Pharaoh will say “I see you like the idea of multiple kings. Maybe you like the idea of multiple gods!”

Moshe’s feeling was that if God’s message – which no one else can hear - comes through me, a human intermediary, Pharaoh needs to see how such a thing can work in a manner he could relate to and understand.

If I have a speaking problem (again I think it’s a mind game, building confidence), and can’t be understood, if my prophet can speak on my behalf as I slowly build up confidence, my adversary is seeing how the system I believe in works. There’s a god, a prophet, and a recipient of the message. With a little creativity Pharaoh can put the pieces together and get the message.

But Moshe is most certainly not repeating himself. His concerns are global, in terms of what impact his inability to speak will have on the people. And that is why he expresses his concern, seemingly repeating himself, but in fact addressing the repercussions of the reality he’s facing, needing a slow build up of confidence until he’s ready to become the great leader and speaker, Moshe, our Master Teacher.