Halakhic Positions Archives - Torah Musings https://www.torahmusings.com/category/magazine/halakhic-positions/ Thinking About Jewish Texts and Tradition Thu, 02 Jan 2020 22:37:32 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 20608219 Kavanah For Kriat Shema https://www.torahmusings.com/2020/01/kavanah-for-kriat-shema/ https://www.torahmusings.com/2020/01/kavanah-for-kriat-shema/#respond Thu, 02 Jan 2020 22:30:43 +0000 https://www.torahmusings.com/?p=50910 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

The Mitzvah of reciting the Shema involves both the act of reciting a series of words as well as having the proper intention, namely, the acceptance of the yoke of the Kingdom of Heaven. We should note that the concept of Kavanah (proper intention) regarding Kriat Shema is fundamentally different than the concept of performing other Mitzvot. With respect for putting on Tefillin, for example, we must merely have an intention to act in accordance with the Divine Will of HaShem. By contrast, the Kavanah for Kriat Shema involves meditation and the turning and directing of the heart toward HaShem.

The specific Kavanah necessary for Shema involves “Avodah Sheh’baleiv”, service of the heart, which asserts itself in the great experience of the awareness of Gd and His closeness to us. Krias Shema does not demand the state of consciousness required for Shemoneh Esrei, as accepting the yoke of Heaven is not tantamount to entering the Divine Presence. No encounter takes place during Kriat Shema – the element of dialogue is lacking. Instead, the Kavanah of Kriat Shema expresses itself in the form of a declaration of faith.

The Rambam (Hichot Kriat Shema 1:2), in defining the essence of Kabalat Ohl Malchut Shamayim, (accepting the yoke of the Kingdom of Heaven), points to the first three pesukim of Shema which contain the basic principles that HaShem is One, that we must love Him, and that we must study His Torah, implying, that these are the three components of this acceptance. The most important of these three principles is the last, the need to study Torah.

(source: MiPeninei HaRav, p 28)

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Jewish Identity – Recognizable To All https://www.torahmusings.com/2019/12/jewish-identity-recognizable-to-all/ https://www.torahmusings.com/2019/12/jewish-identity-recognizable-to-all/#respond Wed, 25 Dec 2019 23:30:42 +0000 https://www.torahmusings.com/?p=50876 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

In the Bracha of Havdalah, we praise HaShem “Who distinguishes between Kodesh and Chol (holy and secular), between light and darkness, between Israel and the nations”. The distinction between light and darkness is an obvious one, clearly for all to perceive. The distinction between Kodesh and Chol (profane), however, is a more subtle one, hidden from the perception of the physical senses. A person needs a special intuition, a spiritual sensitivity, to see with his heart and mind the difference between the sacred and the secular.

After the Bracha mentions the clearest of Havdalot, namely, between light and darkness, and the most hidden, between the holy and profane, the prayer then presents a third Havdala: between Israel and the nations. Should the distinction between Israel and the nations resemble the distinction between light and darkness or should it resemble the distinction between the holy and the profane? Should one act as a Jew only in the recesses of his home, closing the windows and drawing the shades behind him before putting on his yarmulke (kipah) to daven amongst the Egyptions, “Israel was distinct there”.  This concept is inferred from the pasuk because the Hebrew word for nation is “goy”, related to the Hebrew word “geviya”. The connection implies that just as every person is unique and every face different , so too the Jewish people stood apart from the other nations around them. However, our Sages were not merely communicating  a historical fact, they were relating to us a religious imperative as well; that the distinction of a Jew must be evident for all to see. The Havdalah between Israel and other nations is not meant to be a hidden one but rather one that is apparent and obvious as the distinction between light and darkness. Judaism does not merely require a Jew to perform the Mitzvot; it requires that his Mitzvah observance and Jewish identity be recognizable to all.

(source: Drashot HaRav p.180)

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Being Counted, Being Important https://www.torahmusings.com/2019/12/being-counted-being-important/ https://www.torahmusings.com/2019/12/being-counted-being-important/#respond Wed, 18 Dec 2019 22:30:32 +0000 https://www.torahmusings.com/?p=50830 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

In the secular world, the underlying theme of “taking a census” is that the individual, the YACHID, means nothing; he is but a number. Only the masses are important; only the total nation collectively is meaningful. Only statistical facts are to be gleaned from a census- the average income, output, the health situation, etc. The individual does not count. Interesting is that in our Torah, the Torah has a unique expression when calling for a census, namely, “LIFT THE HEADS OF ALL BNEI YISRAEL” (Bamidbar 1:2). Why the strange expression of LIFTING THE HEADS when it simply means to count the people?

We find a parallel theme in Parshat Vayeishev (Bereishit 40:19). When Yosef was asked by Pharaoh’s jailed butler and baker to interpret their dreams, he said to both “In three days Pharaoh will lift your head”. Although their fates would be completely dissimilar, the butler would be reinstated, and the baker would be hanged. Yet Yosef began with “lift your head” for both?

Rav Soloveitchik suggested that the term “lifting heads” means “to be remembered”. Usually, those thrown in jail would be forgotten from the memory of the king for many years until he decided to investigate their crime. So when Yosef told them that in three days they will be remembered, this was an opportunity for freedom (or death).

Moshe Rabbeinu was the Manhig of Klal Yisrael. HaShem commanded him, together with his brother Aharon, to personally count every Jew. It was not sufficient to send out census takers to obtain the statistics; Moshe had to do it all by himself. HaShem wanted that Moshe personally meet each of the 600,000 Jews. Moshe had the Herculean task of knowing each Jew. The Ramban explains that each person would pass before Moshe and Aharon. They counted people by going from house to house, and in the process, learned about each family; how they lived, their problems and their joys. For the leader must know all his people.

This kind of a census gave the people a tremendous uplifting, for they will have a personal audience with the Manhig of Yisrael. This gave them status and a feeling of importance. “Se’uh Et Rosh Bnei Yisrael”- Lift our head and raise our spirit for being counted is an indication that WE COUNT. We are now a “Davar Sheh’be’minyan” a commodity that is counted, and a Davar Sheh’be’minyan is never Bateil-it is never insignificant.

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Eating before Havadalah https://www.torahmusings.com/2019/12/eating-before-havadalah/ https://www.torahmusings.com/2019/12/eating-before-havadalah/#comments Wed, 11 Dec 2019 22:00:15 +0000 https://www.torahmusings.com/?p=50771 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

After the conclusion of Shabbat we are not permitted to eat before reciting Havdalah over a cup of wine (Havdalah al HaKos). This is true even if we have already recited Havdalah during Arvit, which serves to remove the prohibition of performing forbidden work.

While we find in many contexts a similar prohibition against eating before performing a Mitzva in order not to delay its performance, the prohibition of eating before Havdalah Al HaKos is unique, as it is connected to the essence of the Mitzva itself. For example, the Gemara (Pesachim 106b) quotes an opinion that if we inappropriately eat before reciting Havdalah Al HaKos, we have not only violated the prohibition of not to eat, but we can no longer recite Havdalah at all. This stands in contrast to other Mitzvot in which we do not find that eating before their fulfillment would invalidate the Mitzva. For example, it is forbidden to eat before Davening (Praying) Shacharit (Brachot 10b), but if we have eaten, we can (and must) still recite the morning prayers.

This discrepancy between Havdalah and other Mitzvot arises from the fact that there are two aspects to Havdalah, parallel to the two aspects of Kiddush. Kiddush in the Amida of Shabbat evening ushers in Shabbat and its restrictions against doing Melacha, while Kiddush al HaKos introduces the Se’udot of Shabbat. Similarly, the Havdalah in Arvit ends Shabbat and makes work permissible, while Havdalah al HaKos concludes the Se’udot of Shabbat and marks the beginning of the meals of the week.  Thus, eating before Havdalah al HaKos not only delays the fulfillment of the Mitzva, but undermines its essential purpose; to serve as the conclusion of the Shabbat meals and the commencement of the weekday meals.  Therefore, there is an opinion in the Gemara that if we improperly eat before reciting Havdalah al HaKos, there is no longer any purpose in reciting it at all. Furthermore, Havdalah al HaKos not only marks the end of the meals of Shabbat, but concludes all of Kavod and Oneg Shabbat. Thus, even though Yom Kippur has no Mitzva of Se’udot Yom Tov, we still recite Havdalah al HaKos at its conclusion to mark the end of the Mitzva of Kavod Yom Tov that we fulfill through wearing of Yom Tov attire.

This also explains the ruling of the Magen Avraham (262:2) that we should not change out of our Shabbat clothing until after Havdalah al HaKos. Even though there is no more prohibition to perform work after that Havdalah in Tefilla, it is the Havdalah al Hakos which marks the end of all aspects of Kavod  and Oneg Shabbat.

(Source: Shiurim LeZecher Abba Mari, vol 2, p. 131)

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Torah Position On Use Of Force https://www.torahmusings.com/2019/12/torah-position-on-use-of-force/ https://www.torahmusings.com/2019/12/torah-position-on-use-of-force/#respond Tue, 03 Dec 2019 22:30:41 +0000 https://www.torahmusings.com/?p=50724 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

According to Rav Soloveitchik, the main goal of the Torah is to establish a world dominated by peace, understandings patience and a resolve to settle differences amicably.

Some people turn to the Bible with accusations, quoting the Torah’s statements about the seven nations of K’na’an and the command not to spare human beings. These critics overlook the facts that Yehoshua, the successor to Moshe Rabbeinu, who led the battles in conquering the Land of K’na’an, offered each nation a covenant of peace. But since this was not accepted Yehoshua had had no choice but to lay siege to the enemy cities. He nevertheless, left one side open so they can escape (Rambam-Melachim 6:1-5).

The Torah philosophy is very clear on this; in order to gain anything precious, we must be willing to make sacrifices. For a businessman to earn money, he must first invest capital he already has. For one to be able to enjoy family time one must first give up his personal time for work and making a living. Similarly, to acquire peace, we must be ready to fight for it, and sometimes, to relinquish peace temporarily, in order to keep it in the long term.

Peace cannot be attained by appeasement, said The Rav. A true peace lover has to be ready to take up arms and resort to their use if necessary, and he must be ready to protect the sacred institutions that the aggressors seek to destroy. In the Bible, (Bamidbar 25:8), Pinchas, the son of Elazar, the Kohen Gadol (high Priest) understood that the Jew who publicly flaunted his immorality, without shame or fear, represented a disease to our Holy Nation. If such behavior would be allowed to exist it would bring the destruction of everything that Moshe Rabbeinu had accomplished in his lifetime. The fight for peace therefore required giving up peace by killing the perpetrator.

Pinchas did not relish the role of using force, and he certainly was not eager to kill the sinner. He did it most reluctantly, but with the conviction that only through his bold action could the Jewish people be saved. It is such individuals who are prepared to fight for peace, and risk their entire credibility for the sake of peace, who succeed in creating an inner unity. It is most appropriate that the covenant of peace should be their reward.

(Source: Rabbi Heshy Reichman)

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Shabbat Observance Requires Feeling Taste of Olam Haba https://www.torahmusings.com/2019/11/shabbat-observance-requires-feeling-taste-of-olam-haba/ https://www.torahmusings.com/2019/11/shabbat-observance-requires-feeling-taste-of-olam-haba/#respond Wed, 27 Nov 2019 20:30:55 +0000 https://www.torahmusings.com/?p=50698 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

(19:3) “VE-ET SHABTOTAI TISH’MORU”-[And you shall observe my Shabbatot]. The Zohar in parashat Teruma notes that the plural “SHABTOTY” signifies two Shabbatot, Shabbat of above, and the earthly Shabbat below.

This means, that when Adam HaRishon ate the forbidden fruit, HaShem cursed him (Bereishit 3:17). However, since GD also blessed the Shabbat, Adam’s curse became nullified upon the arrival of the first Shabbat. Adam’s curse contained four components. The first component is hard labor: “With the sweat of your brow shall you eat bread (3:19). Th second is “Amal”- “endless, uninterrupted non-productive work” .The third component of the curse is “Itzavon”- the restlessness, the fear and suffering that characterizes competitive society. A person in need of a livelihood is always frightened that someone will take his possessions away from him. The fourth component is our mortality- “for dust you are and to dust you shall return (3:19)”. Adam’s curse was to suffer continuous, exhausting, pointless labor that is by nature unproductive , resulting in conflict and ultimately, death.

The blessing of Shabbat relieves us from all four components of the curse. Work is dignified and ennobling as long as one knows when to stop. “VA’YECHAL ELOKIM BA’YOM HA’SHE’VI’I MELACH’TO ASHER ASA” [AND GD COMPLETED ON THE SEVENTH DAY HIS WORK THAT HE HAD DONE] (2:2). The Torah is telling us that GD worked and then stopped, so that we may imitate Him. On Shabbat, we are released from our relentless and competitive pressures that are often a part of mundane pursuits.

Endless work usually estranges us from our families. The Torah commands that the family rest together. Ties between parents and children are renewed on Shabbat. All members of the family are released from the curse of competition and alienation from their neighbors. The Gemara tells us (Sanhedrin 65b) of the Sambatyon River which is so turbulent and dangerous during the week that no one can cross it, but it becomes calm and peaceful every Shabbat. This is a reflection of the “earthly Shabbat”.

The fourth component of the curse, the curse of death, is addressed in “The Shabbat of above” or the “Heavenly Shabbat”, alluded to in the final Mishnah in Tamid, “Mizmor Shir LeYOm HaShabbat” “A psalm, for the Shabbat” meaning, a song for the time to come, for the day that will be entirely Shabbat and rest for everlasting life.

Shabbat itself is associated with the World to Come, based on Bereishit 1:31, “And GD saw all that He had made, and behold it was VERY good,”. At the end of the sixth day, the pasuk states that the world was VERY GOOD, a world of complete unity and totality, as implied by the word “all” .The world was in a state of wholeness and perfection. However, after the sin of the Tree of Knowledge, the world was no longer whole, it divided into separate entities of good and evil, light and darkness. After the sin, the world reverted to being merely “good” as on the first five days of creation, as opposed to ”very good”. On Shabbat, however, the world reunites with the Creator, recreating the wholeness of Creation as on the original Friday, a wholeness that will be replicated in the World to Come. That is why our Sages tell us that Shabbat is a foretaste of the World to Come.

In the Friday night Tefillot, we ask HaShem to “spread His Sukkat Shalom”, His shelter of peace, over us. A shelter of rest and peace descends from heaven and rests on earth and in our homes.

GD is giving us our taste of Olam HaBa a “Heavenly Shabbat”.

(source:Beit Yitzchok, Vol 40, p. 288)

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Baruch Shem Kvod Malchuto – Silently https://www.torahmusings.com/2019/11/baruch-shem-kvod-malchuto-silently-2/ https://www.torahmusings.com/2019/11/baruch-shem-kvod-malchuto-silently-2/#respond Thu, 21 Nov 2019 22:00:01 +0000 https://www.torahmusings.com/?p=50670 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

The Gemara Pesachim (56a) records, that Yaakov Avinu recited the phrase of “Baruch shem kevod malchuto le’olam “(Blessed be the name of His kingdom forever) upon hearing the declaration of Shema by his sons. However, since the phrase was not included by Moshe Rabbeinu in the Shema section of the Torah (Devarim 6:4-9), the Sages enacted that we should only recite it quietly. Rav Soloveitchik maintained, that the restriction on reciting Baruch Shem aloud applies only to a Minyan davening together, but an individual praying alone may recite the phrase Baruch Shem aloud within his restriction of Shema.

The explanation of the Rav’s view is that responsively reciting Baruch Shem aloud after the Shema declaration would be a form of angelical Kedushah, and we do not have permission to use this format if the words are not found in the written Torah. The Midrash Devarim Rabbah (2:36) explains that we do not recite Baruch Shem publicly because Moshe overheard the Malachim (angels) reciting it as a Shirah, and to recite it publicly would be tantamount to theft from the king’s palace. If Baruch Shem would be recited aloud and responsively, it would be unauthorized theft of the angel’s Keddushah. Since Baruch Shem is not recorded in the written Torah, we have no permission to recite it as Kedushah.

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The Internal Search For Chametz https://www.torahmusings.com/2019/11/the-internal-search-for-chametz/ https://www.torahmusings.com/2019/11/the-internal-search-for-chametz/#respond Thu, 14 Nov 2019 23:00:27 +0000 https://www.torahmusings.com/?p=50574 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

The opening Mishna of Gemara Pesachim (2a) tell us that on the night before the first Seder, we must search for chametz by the light of a candle. Why a candle? The Gemara explains by citing two biblical passages, “At that time (of Moshiach) I (GD) will search out (the transgressions of) Yerushalayim with candles.”(Tzephania 1): and “the candle of HaShem is the soul of man” (Mishlei 20)

Clearly, these pesukim, said Rav Soloveitchik, are mandating an internal search as well as an external one. What does chametz symbolize? Let us consider the chemical process that leavening entails. When any of the five grains-barley, oat, rye, spelt, and wheat-are mixed with water, the dough will rise, creating the leavened bread [we so much enjoy]. Only human intervention-continuously kneading the grain-water mixture and placing it in the oven within 18 minutes –will yield unleavened bread, or matza.

So, the prohibition against chametz teaches us never to give in to our negative impulses. We must not say it’s our nature to be angry, greedy or callous. Rather, we can and we must overcome our own nature to achieve the desired result. But we must be constantly “kneading away at it”

The Gemara Avoda Zara (17a) relates a fascinating story about a person addicted to sex. He heard about a special prostitute in the coastal cities, so he traversed 7 rivers to meet her. At .the time of the act she said, “just as expelled wind will never return to its place, so Elazar ben Duradiya will never be accepted with Teshuva (repentance)”. Elazar was shaken by her words. He begged the Earth, sun, moon and stars to pray for him, but to no avail. Finally he said, ‘the matter depends entirely upon me’ and he wept until he gave up his soul. A voice descended from heaven declaring, “R’ Elazar ben Duradiya is welcome to eternal life’”. The Gemara is telling us about a classical case of an individual predestined to an addiction. During the act of sin, he became convinced that his lifestyle needed changing. He finally realized that he had to overcome his evil inclination by himself. Thus, he learned the lesson of searching for the internal chametz.

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Double Purpose of Learning Torah on Shabbat https://www.torahmusings.com/2019/11/double-purpose-of-learning-torah-on-shabbat/ https://www.torahmusings.com/2019/11/double-purpose-of-learning-torah-on-shabbat/#respond Thu, 07 Nov 2019 22:30:40 +0000 https://www.torahmusings.com/?p=50520 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

Kedusha often symbolizes itself by the concept of withdrawal; for example, Kedushat Shabbat obligates a person to refrain from productive work of the 39 melachot. However, we must also sanctify the Shabbat through positive actions, and not merely through passive abstentions. One such way we are Mekadesh the day, according to Ramban (Shemot 20:7) is “to turn away from preoccupying thoughts and give our souls pleasure in the ways of GD, like visiting the sages and prophets to hear the word of GD”.

When the Shunamite woman tells her husband that she is going to visit the prophet Elisha, he asks her, “Why are you going to him? Today is not Rosh Chodesh nor Shabbat” (Melachim Bet-4:23). The Ramban quotes the Gemara (Rosh HaShana 16b) which infers from this pasuk that on those days, on Rosh Chodesh, there is a Mitzvah to visit the prophet or the Chacham in your midst. Similarly, we find that in the days of the Talmud, everyone would gather on Shabbat afternoon to listen to a scholar’s communal lecture. Furthermore, the Rabbis even created a prohibition against studying Ketuvim on Shabbat to ensure that people would come to the public drasha (see Shabbat 115a).

Thus, on Shabbat, learning Torah is double Kiyyum; it is a fulfillment of Talmud Torah as on any other day of the week, but it also a fulfillment of “Le’kadesho”, which is imbuing the day with Kedusha and spiritual delight. Learning Torah is, and it should be, a delightful experience.

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Physical and Spiritual Priorities https://www.torahmusings.com/2019/10/physical-and-spiritual-priorities/ https://www.torahmusings.com/2019/10/physical-and-spiritual-priorities/#respond Thu, 10 Oct 2019 21:30:12 +0000 https://www.torahmusings.com/?p=50324 Halakhic Positions of Rav Joseph B. Soloveitchik

by R. Aharon Ziegler

At the end of Sefer Shemot (35:2), at the very conclusion of GD’s command to Moshe regarding the Mishkan, HaShem once again appends a warning regarding keeping Shabbat. Rav Soloveitchik explained, in the name of his great grandfather, the Bet Halevi, (Rav Yosef Dov Soloveitcik-died May 1 1992). that there are basic necessities to maintain a physical life, and then there are luxuries which are greatly enjoyed but do not constitute necessities. In our spiritual life as well, there are Mitzvot which are basic to our existence as Jews, and there are other Mitzvot which, although beautiful, we can survive without, as a people, if necessary.

If a person becomes mentally deranged, he no longer differentiates between necessity and luxury. He will neglect his body, will not eat, and will not protect himself from the cold. In the same way, when our nation was of sound spiritual foundation, it was unnecessary to include a warning about Shabbat, and therefore, the command to build the Mishkan in Parashat Terumah did not include this warning. However, after our people worshipped the Golden Calf, we experienced a spiritual mental deterioration. No longer could we differentiate absolute necessity from luxury. It therefore became necessary for GD to warn us about Mitzvah priorities; GD must now emphasize that Shabbat supersedes the Mishkan.

If one reads the Shabbat Shuva drashot that were delivered to our people in Europe over the last few centuries, they never contained warnings to keep Shabbat, Kashrut, to wear Teffilin, or to give children a Jewish education. Such exhortations were unnecessary, as the people recognized that their very existence depended upon these fundamentals. Instead, these drashot contained warnings about Lashon HaRa, how one should not dress too luxuriously, and abour speaking kindly to one’s spouse and to those who are less fortunate.

Only in our generation, with our confused priorities, are exhortations regarding spiritual necessities required to be discussed. For example, reciting Kaddish over a decease parent, a relatively minor custom, is today considered more important than Shabbat or expressing rudeness and even hurting the feelings of other people. That’s a confused mind and needs special exhortations.

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