Tag Archives: charedi

Is Modern Biblical Scholarship A Danger to Traditional Belief? (Part 2)

Me with James Kugel!

Me with James Kugel!

Picking up where my last post left off, I’m going to write down some of the notes I took on Dr. James Kugel’s talk at Lincoln Square Synagogue the other night. Dr. Kugel, beyond being an eminent scholar in the Bible and its early ancient interpretations, is a charming speaker with a subtle sense of humor (the same goes for his writing). He clearly enjoys the topics he writes about, and as a reader and listener, I find his attitude infectious.

Entertainingly, he began with a “PG13” warning. Biblical scholarship is not for everyone in his opinion. In fact, when asked to speak more loudly after he had listed some of the challenges that modern scholarship poses to traditional faith (he must have listed somewhere between 6 to 9 examples in quick succession), he joked that we were better off for not being able to hear him.

Some of the challenges arising from biblical criticism strike right at the heart of Jewish belief; the Torah implies (and later tradition asserts outright) that all of the Torah was given at Sinai, but the Documentary Hypothesis and its derivations argue there were many authors, who lived in different time periods. They also make this claim about several other books in TaNaKH (the Bible), and question whether or not King Solomon really wrote proverbs or the Song of Songs, and whether or not many stories in the Torah are historically accurate, including the Exodus, the conquest of Israel, and King David’s dynasty. (He mentioned that while some elements of the Exodus story have been affirmed by archeology, the evidence doesn’t seem to point to the Israelites having been there when the Torah implies.) And so on, and so forth.

In Dr. Kugel’s opinion, there are 4 ways for the faithful to approach modern biblical scholarship.

1) Dismissal of archeological evidence: Kugel thinks this is too hard to do, and he also mentioned that most Bible scholars are not out to disprove the Bible. The exception, he quipped, was in regards to the children of ministers who later become scholars. I think he really meant this though.

2) Some choose to accept what goes well with faith, and to ignore the difficult parts. Thus, we might say Isaiah has 2 authors (Ibn Ezra says this, after all!) but to say this about the Chumash itself is too hard, and we draw a line. Kugel doesn’t think this is a good idea, and he thinks if you accept the basic approach of the critics, then it is very hard to draw a line denoting when you no longer accept their conclusions.

3) To say “it’s right, but I don’t want to know”. It seems obvious to me why such an approach really doesn’t work. Kugel confessed that he is unable to live like this, and that he couldn’t hold himself back from studying research which is vital to the things he believes. In fact, he told us, it was the things that bothered him which brought him to the road he’s on now, and led to his career.

4) The fourth option isn’t hard if you think about it, or so Dr. Kugel told us. Or at least, it didn’t seem hard to him, since he’s adhered to this option for some 40 odd years.

The way Kugel phrased it, modern scholarship is NOT the truth about the Bible. Rather, it is the truth about a certain kind of way of looking at the Bible. As he explains it, modern scholarship is born in the Protestant Reformation when Protestants attacked Catholic readings of the Bible, which consisted of many oral traditions. This tactic served to undermine Catholic power and influence. The argument between the Catholics and the Protestants could be rephrased as follows: do the words of the Bible tell you the whole story? If yes, as the Protestants believed, then traditions which deviated from it should be ignored. If no, as the Catholics believed, then extra-biblical traditions were a vital part to understanding the words of the Bible. The Protestant motto was sola scriptura, “just the words (on the page) of the Bible”.

Of course, even with just the words on the page, interpretation was hard to pin down, and some people were being sentenced to death by Protestants for not keeping the Sabbath! Pinning down the objective meaning of the text being the goal, they sought to learn more about the text from just the words themselves.

What do they tell us?

If we just look at the words themselves, we’ll naturally have many questions about historical accuracy, since verification (as well as many details) is not included in the word economical Bible.This serves as the basis for modern scholarship, which to this day seeks to learn about the text from itself.

Jewish tradition, however, has a different perspective. Jews have never thought the Bible was just the words on the page, and we have always had an Oral Torah, with commentary and meaning clinging to every word. “An eye for an eye” now means money, and there are 39 categories of prohibited creative labor on the Sabbath, etc. Our Torah is incomplete without the oral traditions which came down with them.

But how old are these traditions?

Quite old, in Kugel’s opinion. Jubilees (c. 200 BCE) talks about Abraham’s 10 tests 400 years before the Mishnah does, and the Dead Sea Scrolls similarly contain many traditions which weren’t written down in Rabbinic writings until later on.

“This is no minor disagreement” in Kugel’s opinion. Modern scholarship is not interested in these traditions, but Judaism doesn’t think the Bible can be read without them. Because modern scholarship doesn’t focus on the Bible with its traditions, it should not be considered the objective truth about the Bible. Rather, when the scholarship is good, it is the truth about a certain conception, the “just the words on the page” conception, of the Bible.

As for us, we’re obsessed with the Oral traditions, which basically tell us how to fulfill the most basic idea of the Bible: How do we serve God?

If it seems the literal text of the Bible contradicts this goal, then the Sages informed us how to reread the verse. Why? Because the Oral tradition and the goal of serving God come before the literal text of the Torah. This may seem like a radical idea, but in truth, those of us who study Talmud know that the phrase “Don’t read it this way; rather understand it to mean…” is quite common.

The Torah serves as the first word in how to serve God, but this mission is continued and embodied in the Oral tradition, later written down in the Mishnah, Talmud, etc. Our oral tradition continues, and in Kugel’s opinion, now includes the prohibition of using electricity on the Sabbath. All of this in order to better serve God, in the most exact way possible.

When we stop to think about Kugel’s conception, Rabbinic Jews will probably find it easy to understand. Abraham is not the first monotheist in the Torah. Esau doesn’t really seem so bad. But the Sages read the literal words in light of Rabbinic theology, and we don’t read the Torah without the captions written in by the Sages.

In regards to the divine origin of the Torah, Dr. Kugel echoed Rabbi Leibtag’s point that modern scholarship simply cannot shine any light on this issue. We don’t know the rules of how God communicates with man, and the Torah doesn’t contain markings that tell us exactly how prophecy works. While scholars can help us understand the historical context of the Torah, in the end divine origin is beyond their purview.

However, Kugel asked, if divine origin can’t be proven (and if it can’t be disproven, it can’t be proven either), then why believe it? A rabbi once told Kugel that he thought the Torah is man’s response to the ineffable (too great to be expressed in words) God. In Kugel’s opinion, this approach is far from the truth. In fact, “ineffable” is the opposite of God’s policy. God is “extremely effable” in Kugel’s words.

What this means is that Judaism believes it is God’s policy to talk to man, and a lot. He comes into our world, and He interferes in it. A man made Torah is impossible in Judaism. Rather, God, who constantly speaks to man, comes down and gives it to us.

While we hold that God comes into our world, and that the Torah came from heaven, it is important to note that God has given it to us. There was a “hand off” (his phrase) from God to us, and now we’re in charge, and we’re responsible for interpreting the Bible.

Kugel concluded his speech by telling us that his words were basically plagiarized from his forthcoming book “The King in the Sacntuary”. I cannot wait to read it.

I’ll finish this section with Dr. Kugel’s quote of the night. He told us that a teacher in an Orthodox high school remarked to him that they were using his book, “How To Read The Bible”, to teach seniors about biblical criticism. “Don’t do that!” he responded. “It wasn’t written for people in 12th grade!”

The teacher,however, retorted that Kugel is fooling himself if he thinks seniors don’t know what biblical criticism is, and if they don’t know in high school, they’ll be in for a real shock when they get to college. At least with proper instruction, they will not find it so threatening.

I’ll finish off part 3 with some of the questions the crowd asked to Rabbi Leibtag and Dr. Kugel, and the answers they gave to them. I’ll also just mention here that after he was done speaking, Kugel twice said that he really had a lot more he wanted to say, but he didn’t have time. Some of what he wanted to say will be in his forthcoming book, and if I recall correctly, he told us at least one point he wanted to discuss is in his book on Jubilees, “A Walk Through Jubilees“. If you’re interested in it, go to a library, because it is prohibitively expensive.

Part 3 will also make explicit the disagreement between Dr. Kugel and Rabbi Leibtag that I mentioned in the last post, but if you’ve read both of them, you’ll be able to figure out what it is before I tell you.

If you’d like to submit a guest post or response, please contact me on Facebook or Twitter.



Filed under Miscellaneous, Tanakh/Bible

Must I Wear a Hat?

“When will you wear a hat?” My Chavruta (learning partner) asked.

He was a young Israeli rabbi, and we had become quite friendly over the months that we had been learning together. While the question could be understood as coming from a ‘holier than thou’ perspective, I do not think it was. He was my friend, and he wanted me to wear a hat, because he wanted me to do what he thought was right.

I understood this, so I answered without insult or malice.“When I find out that it’s halakha (Jewish law), I’ll wear one.”

“Really?” His eyes glimmered. He thought he had me.

I have to be clear with you, I was already fairly certain it was not mandated by Jewish law to wear a hat, because while my father wanted me to wear a hat when I turned 13 (it’s a Rav Soloveitchik thing), he never really got into the issue with me, or told me that it was halakha1. Mostly because it’s not. But my friend thought that it was, and he got a Mishna Berura (written by the saintly Rabbi Yisrael Meir Kagan) to prove it.

I don’t remember the specific placement anymore (perhaps someone could provide it in a comment), but if my memory serves Rabbi Kagan’s ruling was that while praying (and especially while reciting the blessing after meals) one must wear a hat, since we wear hats in the street. Being that while in public we dress with a certain level of respect for those around us, how can we dress in a less respectable manner before God Himself?

I agreed with this logic. I think we should dress respectably to pray, don’t you?

“But I don’t wear a hat in the street…” I countered. Rabbi Kagan was clear. If wearing a hat is part of dressing in a respectful manner, then we should wear one to pray. But if it is not part of dressing respectably, then it is no longer relevant!

“So what?” my friend countered back. “It’s the halakha!”

“But he made it dependent on the reason!”

“Maybe it was dependent on the reason then; but now, it is halakha.”

I shrugged, and that was that. We had finished our learning for the day, and I went home.

It seems to me that my friend was advocating a position where anything that was ever done as a part of Jewish law or life in the past must be kept even when the reason no longer applies. In his opinion, this would apply not only to laws from the Sages (who themselves argued about this point), but seemingly to every custom or law ever made, like the law of wearing a hat to pray, which was declared based on a reasoning that no longer applies today.

Certainly, this point is not intuitive, and the rabbis I consider my teachers have not advocated this position. I think the onus is not on me, but on my old friend, to prove that Jewish law and custom really do travel through history like fly-paper, so that while we may add, nothing can be taken off.



1-Though if you actually want to know my father’s position on the matter, you will simply have to ask him. I may have wildly misunderstood him, and I cannot take responsibility for representing his opinion on this or any other matter, in fact.


Filed under Miscellaneous

Will Keeping the Mitzvot Really Build the 3rd Temple?

Twice in the past few weeks, I have come across the same message from “Chabad In the Cardo”, which goes as follows:

“Help Build the 3rd Bais Hamikdash…By Doing Acts of Goodness & Kindness”

What exactly is the meaning of this statement?

I believe Chabad in the Cardo is implying that by being nice to people (an important Mitzvah, ask Hillel or Rabbi Akiva), we may literally cause the 3rd Temple to be built. Lest you be fooled into thinking that being nice to others is merely conducive to the kind of constructioni that occurs in a natural manner (Bob the Builder style), the sign comes with a picture, akin to Ikea instructions. In fact, this picture tells us, if we are goodii and keep the mitzvot the Temple will come down ready-made from heaven!


But is such a thing really possible?

This belief, which is extraordinarily popular in our community, may be found in many important classical sourcesiii. Despite this, Rambamiv rejects this belief completely, because there’s no way Mitzvot could have anything to do with the spiritually enchanted appearance of a building-even the Temple- from the sky. In fact, not only is this view untrue in his opinion, but it may be a damaging one, as we will show later on.

There are two reasons Rambam rejects the idea that mitzvot could have magical powers, both of which are explained in Menachem Kellner’s fantastic book ‘Maimonides’ Confrontation with Mysticism’ v.

1) It is logically simpler to explain that mitzvot are not mystically endowed with powers, or do not have special inherent qualities, than to say that they do. Rambam prefers the simplest solution available when answering a question.

We may see his philosophical preference for simplicity when he says that “species and the other universals are…mental notions and that every existent outside the mind is an individual or group of individuals.vi

Why consider species and universals nothing more than categories man has thought of? Because Maimonides, Kellner explains, holds that we shouldn’t suggest a complex answer when a simpler one is available. In our case, this translates into rejecting the belief that mitzvot have qualities that are inherent, essential, or existential to them.

2) Rambam believes that God is “…One to whose unity there is no comparison…in the universe…His power is infinite….and the knowledge of this Monotheism is a mandatory commandment”vii. Because God is completely unique and alone in the heavens, there must not be any magic to affect or control Him. Furthermore, since it’s impossible for mitzvot to share a quality with God, it’s impossible that they are inherently holy or powerful in the way that God is.

For these two reasons, we may see that Rambam constantly demystifies the mitzvotviii, explaining them in historical and philosophical contexts that disagree with the idea that mitzvot have any inherent qualities, let alone the ability to build the Temple.

Rather than explain that they are spiritually mystical rituals that affect the universe or our souls, Rambam explains that every mitzvah “exists either with a view to communicating a correct opinion, or to putting an end to an unhealthy opinion, or to communicating a rule of justice, or to endowing men with a noble moral quality…”ix. They bring us to be “occupied with” Godx, and are “the path of wisdom” which we follow because “it is true”xi. But these are all completely natural elements of the world, and there’s nothing supernatural, mystical, or magical about any of the goals of the Mitzvot.

In contrast, the statement that by doing acts of kindness we will rebuild the Temple implies that the mitzvot have the spiritual magical ability to build something, or to force heaven to build it! Rambam completely rejects this notion, since it contradicts his principle of God’s unity and uniqueness, as well as his philosophical doctrine that the simplest solution should be preferred.

In his view, all buildings must be built in completely natural ways, including the Temple. The Messianic process will be a completely natural onexii, and indeed, we will be able to say that keeping the mitzvot allowed us to reach that point. This natural process of redemption and the building of the Temple is a good example of how the mitzvot work in his opinion. They are a challenge for us, and not a kind of spiritual mysticism with seemingly magical properties.

Even though we have great leaders who held an enchanted mystical view of the mitzvot, there are some dangers in seeing the world this way.

If we tell everyone that keeping the mitzvot will protect them, or spiritually cause physical changes in our world, they may stop keeping them if they come to the conclusion this does not work. Furthermore, the belief that mitzvot are to be kept because they have spiritual powers may also cause some of us to forget that though we may keep the mitzvot so that God should protect us, we should strive to keep them because we desire to serve Him.

Additionally, this “enchanted”xiii view of our religion encourages a rejection of science, objective cause and effectxiv, and the way that the world works generally, since it could cause people to they think they have an “in” of sorts with the rules of the universe, and may manipulate the physical world. And that will probably make Bill Nye very angry.

The Science Guy aside, Rambam holds that keeping the mitzvot cannot stave off cancer, build the Temple, or protect us from robbers. If we rely on supernatural means of protection we will each suffer the consequences.

However, if we keep the mitzvot for the reasons Rambam lists, we may be able to return the focus of the mitzvot to the service of God, striving for perfection, and helping each other reach these goals, without the damages of assuming the universe or our mitzvot will do it for us. If we do that, then indeed, perhaps we will soon hire a good contractor to build the Temple, or one will even volunteer.

iRashi on dor haflaga

iiFor example, say, by not shouting or crying, as one had better not.

iiiMidrash Tanchuma, Pekudei, sec. 11, Rashi Tractate Sukka 41a ‘Ee nami,’ BT Rosh Hashanah 30a ‘lo’, Tosafot BT Sukka 41a ‘Ee nami,’ BT Shevuot 15b ‘ein’,Ritva BT Sukka 41a. Hai Gaon lists lists this as a possibility but appears to find it more likely the resurrected dead will be the ones to rebuild the Temple. (cited in ‘Theology in the Responsa’ p.23, Louis Jacobs, Littman Library,2005)

ivHe relies on other sources in this particular matter (ie:how the temple will be built), such as JT Megillah 1:11, Pesahim 9:1, Leviticus Rabbah 9:6, and Bamidbar Rabbah, 13:2. This is also likely the opinion of his followers and later rationalists, but we’ll leave that unanswered for now. However, we can say with confidence that it is certainly not the opinion of any of the Aristotelian Rishonim (Ralbag being perhaps the most prominent among them), for the reasons we will provide, which should make sense according to any Aristotelian.

vLittman Library of Jewish Civilization, 2006 (Oxford), pp.11-15,33-42,59-65. Suffice it to say that this post was made possible by Kellner’s writings, which I am a big fan of.

viGuide for the Perplexed, 3:18

viiMishnah Torah, Yesodei Hatorah, 1:7

viiiAs well as pretty much else anything he can get his hands on. For example, see Shapiro, Marc B., ‘Maimonideian Halakha and Superstition’, pp.95-150, in his ‘Studies in Maimonides and His Interpreters (University of Scranton Press,2008)

ixGuide 3:31

xGuide 3:51

xiMT Teshuva, 10:2

xii MT Hilchot Melachim 11:1, Hilchot Beit Habechirah 1:12

xiii This is how Kellner refers to the world of Maimonides’ opponents throughout his writings.

xiv Not exactly what Hume was aiming for.


Filed under Kabbalah and Chassidus, Rationalism

You’re an Apikores!

One of my pet peeves is how much people throw around the term heresy in Orthodox Judaism. Why does this bother me? Because they have no idea what they’re talking about.

Fortunately for you, I was obsessed with the question of “what is Jewish heresy?” for some time, so I have done a lot of reading (for a layman) on the matter. Furthermore, I have been called a heretic, a kofer, and an apikores, you name it! So if you’re looking for someone with some personal experience in the area- you got the right guy.

Heresy, as it is generally understood in Judaism, is an idea or belief that deviates from dogma, or authoritative beliefs that must be held. To disagree with dogma means a person has broken with Judaism. There are a lot of arguments over why you cannot deviate from certain beliefs, but at any rate, that is the bottom line.

So, for instance, it is usually considered OK to have diverging opinions over whether or not the Red Sea split into two or 12, since this is not a question of dogma. However, whether or not the Torah is from heaven is the kind of argument that can legitimately lead to someone being called a heretic.

If we can prove that Judaism has a set of beliefs that qualify as “dogma”, than any beliefs or ideas that deviate from them are heresy. If we cannot prove it, we will have less success.

The most famous proposed set of Jewish dogmatic beliefs is the 13 principles of Maimonides, which includes things like proper beliefs about God, that Torah is from heaven, and that God will eventually resurrect the dead. Presumably, according to Maimonides, if you deviate from these beliefs you are a heretici.

Now you may say that the 13 principles are our dogma, and they are certainly the most popular candidate that I know of. But a lot of people will disagree with you, and Marc B. Shapiro wrote a book that is simply a list of accepted Orthodox scholars who disagree with the 13 principles. It’s not such a short book either.

Examples of principles that are disputed:

3)That God has no body:

I don’t know anyone myself who believes that God has a body, but Raavad, the most accepted rabbinic authority in France in his own lifetime, did. He writes in his critique of Hilkhot Teshuva 3:7 that people “greater than he (ie:Rambam)” believed God has a body. Ok, so maybe this one isn’t dogma.

6)Moses’s prophecy is the most superior:

Not so says the Ari and the Alter rebbe of Chabad, R. Shneur Zalman. Kabbalists have a better understanding (likutei amarim, ‘igeret hakodesh’, no. 19).

Also, Rav Yosef Albo and R. Tzvi Hirshy Chajes both hold the Messiah will have greater prophecy than Moses did.

7) Every verse of the Torah was given to Moses at Sinai.

Modern Orthodox readers should also be made aware that Rav Soloveitchik’s view (as reported in Nefesh harav) that Yehoshua wrote the last 8 verses of the Torah contradicts this principle. Of course, this opinion appears in the Talmud 3 times, and once in Sifrei.

According to Rambam, it is a mitzvah to hate and destroy anyone who disagrees with his principles. If you will read Shapiro’s book, you will see this list contains many of the Sages, so I would would recommend that you wait to act on this instruction until you have read the book thoroughly. It is called ‘The Limits of Orthodox Theology’, and it is published by the Littman Library on a print by demand basis.

I should add that according to most interpreters, Rambam would see the idea of Sefirot as encroaching on the unity of God, which is of course against his 13 principles. Again we see that kabbala is in hot water with him.

On the flip side, there are those who hold it is heresy to not accept the kabbala, but obviously Maimonides opposes this idea, as is made eminently clear in Kellner’s ‘Maimonides’ Confrontation with Mysticism.’ I can’t imagine a person reading this book and coming away with another idea.

So kabbala might be a moot point, despite the almost daily attempt to claim it is dogma.

I highly recommend every book I have listed here, and I encourage everyone to stop calling each other heretics until they at least peruse a few of them. Also recommended is Doniel Hartman’s ‘The boundaries of Judaism’ and Kellner’s ‘Must a Jew Believe Anything?’.

Kellner’s fantastic book ‘Dogma in Medieval Jewish Thought’ goes through several attempts at Jewish dogma in the two centuries following Rambam, and you can see there that at the very least, Judaism lacks an agreed upon set of beliefs, and even lacks an agreed upon definition of dogma!

In all this uncertainty, it appears that the norm has become to simply accept anyone who keeps the mitzvot as part of the team, an opinion Maimonides seems to vociferously oppose. At any rate, rationalists continue to daven with kabbalists, and in my experience, very few fights break out.

iI say presumably because Menachem Kellner holds this really only applies to the first 5 principles. He discusses this in his Dogma in Medieval Jewish Thought, mentions this in ‘Maimonides’ Confrontation with Mysticism’, and I believe he goes over this as well in his “Must a Jew Believe Anything?’. All are published by the Littman Library.


Filed under Kabbalah and Chassidus, Miscellaneous, Rationalism

Do the Mitzvot Count Outside of Israel?

A friend of mine once taught me a song some campers and counselors used to sing in Camp Moshava of Ennismore, which has the following line in it:

Everybody make Aliyah;

Mitzvot don’t count in Canada!”

Intuitively, we would say that not only is this opinion incorrect, but that it has no place in Orthodox Judaism. How could mitzvot not count somewhere? Is there a source for this assertion? Furthermore, what exactly do they mean when they say the mitzvot “do not count”?

I came across what i assume is the source for this in a book I’m researching for a paper, which is pretty exciting, since now we should be able to answer all of these questions. Of course, for all I know this could be in 35 midrashei halakha (unlikely as that seems to me), since I’m just not familiar with them. Having the opportunity to look at some now, I highly recommend it to everyone.

Anyway, in piska 43 of Sifre on Dvarim, it explains the following quote from Deut. 11:16-18:


הִשָּֽׁמְר֣וּ לָכֶ֔ם פֶּ֥ן יִפְתֶּ֖ה לְבַבְכֶ֑ם וְסַרְתֶּ֗ם וַעֲבַדְתֶּם֙ אֱלֹהִ֣ים אֲחֵרִ֔ים וְהִשְׁתַּחֲוִיתֶ֖ם לָהֶֽם׃ 

וְחָרָ֨ה אַף־יְהוָ֜ה בָּכֶ֗ם וְעָצַ֤ר אֶת־הַשָּׁמַ֙יִם֙ וְלֹֽא־יִהְיֶ֣ה מָטָ֔ר וְהָ֣אֲדָמָ֔ה לֹ֥א תִתֵּ֖ן אֶת־יְבוּלָ֑הּ וַאֲבַדְתֶּ֣ם מְהֵרָ֗ה מֵעַל֙ הָאָ֣רֶץ הַטֹּבָ֔ה אֲשֶׁ֥ר יְהוָ֖ה נֹתֵ֥ן לָכֶֽם׃ 

וְשַׂמְתֶּם֙ אֶת־דְּבָרַ֣י אֵ֔לֶּה עַל־לְבַבְכֶ֖ם וְעַֽל־נַפְשְׁכֶ֑ם

16:Take heed to yourselves, that your heart be not deceived, and you turn aside, and serve other gods, and worship them:

17:and then the Lord’s anger be inflamed against you, and he shut up the heavens, that there be no rain, and that the land yield not its fruit; and you perish quickly from off the good land which the Lord gives you.

18: And you shall lay up these my words in your heart and in your soul…1

In the Sifre2, the Sages explain that God is saying the following to the Jewish people:

Even though I am about to exile you from the Land (of Israel) to a foreign land, you must continue to be marked there by the commandments, so that when you return they will not be new to you.”

So basically, according to this source, for someone who lives outside of Israel, the mitzvot are just for practice, so that we know what we’re doing when we live in Israel again.

The Sifre continues:

A parable: A king of flesh and blood grew angry with his wife and sent her back to her father’s house, saying to her, “Be sure to continue wearing your jewelry, so that whenever you return, it will not be new to you.” Thus also the Holy One, blessed be He, said to Israel, “My children, you must continue to be marked by the commandments, so that when you return, they will not be new to you.”

Well, I think that pretty much confirms our reading that according to this opinion, we are commanded to perform the mitzvot for practice outside of Israel, which I assume is what campers at Ennismore mean when they say (or sing) mitzvot “don’t count in Canada”. Still, I think saying mitzvot don’t “count” is very misleading, and that is not the intention of the Sages here.

Anyway, the opinion of the Sifre here is also famously quoted by Ramban in his commentary on Levitcus 18:25 and he takes it very seriously, and personally I have come across many people in Israel who take this to be the normative opinion.

However, we should not forget that the Sifre lists another opinion just after this, which goes as follows:

Another interpretation: And ye perish quickly from off the good land (11:17): You will be exiled from the good land to a land that is not like it in goodness. R. Judah says: Good refers to Torah, as it is said, For I give you good doctrine-(In the Land of Israel)-forsake ye not my Torah (Prov. 4:2)- outside the Land.

This seems to imply that God is commanding us to keep the mitzvot even though we have been exiled, and implies no connection to their practice in Israel in the way the first opinion does.

While the first opinion assumes the mitzvot are really supposed to be performed in Israel, so that when we are outside of it they are only performed for practice, the second opinion says the verse is a warning/commandment to remember to keep the mitzvot no matter where we are, because it makes no difference; we are always commanded to keep the mitzvot.

This opinion is the simple understanding of the Mishnah in Kiddushin (36b) that “Any commandment that is not dependent on the Land (of Israel) must be performed outside of the Land, and any of them that is dependent on the Land is not performed except for in the Land.”

The gemara takes R. Judah’s opinion (which we listed earlier) as the normative one, so that mitzvot “(incumbent on) the body” apply anywhere in the world, while commandments that can only be performed in Israel due to their dependence on the Land-such as shmittah- do not. Of course, being that so many of the commandments have to do with the Temple, we should not forget how big this number is.

This seems also to be the opinion in Sifre 59, which appears to be cited by the gemara here as well, and of Sifre 613 as well. So, the mitzvot can be categorized into those that only apply in Israel, and the ones that apply everywhere, including every “Lo Taaseh” (prohibitive commandments), and I think this is also the opinion of the Talmud in Sotah 14A, where we are told Moses wanted to enter Israel so that he could practice the mitzvot specific to it.

Keep in mind, if the opinion that mitzvot are just for practice outside of Israel is correct, it seems likely that the entire first generation of Jews given the mitzvot practiced for nothing, or only so that their children would be familiar with the mitzvot when they would go into Israel 40 years later. This interpretation does not seem to be the simple reading of the giving of the Torah to me, but I’m not qualified to make that call.

Going further, my wife pointed out an even stronger question on this opinion to me: If the mitzvot are performed for practice outside of Israel, then we should practice all of the mitzvot- including those that pertain to the land- so that we are familiar with them.

Since we see that only mitzvot “of the body” are performed outside of Israel, while no practice is required for those of the land, we see the halakha presumes that mitzvot are actually commanded upon us no matter where we are, and some only apply to the Land of Israel.

Anyway, it seems from the sources we have just listed that the mitzvot do “count” in Canada, the U.S., etc. This being the case, the song should be edited a bit. Since it encourages children to make aliyah, I will try and leave the spirit of the song intact.

The new lyrics will say “Everybody make aliyah; Mitzvot still count in Canada!”. This will imply that it is a mitzva to make aliyah no matter where you live, which I think the Moshava people will approve of. This is of course despite the fact that Rambam famously does not codify living in Israel as a commandment.

I feel we have righted the wrongs of this song, and I can get back to my paper now.

Shabbat Shalom!

1Tanslation from the Koren Jerusalem Bible.

2I’ve taken the translation from the Yale Judaica Series, Volume XXIV, “Sifre on Deuteronomy”, which is translated, introduced, and annotated with notes by Reuven Hammer. (Yale University Press 1986)

3Both on parshat Re’eh, entitled “These are the laws” and “You should shatter” respectively.


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“We Follow Our Rabbis Until It’s Inconvenient, Right?”

“We Follow Our Rabbis Until It’s Inconvenient, Right?”

Boy have I heard that (rhetorical) question a million times. This is usually how it goes.

Person A advocates a lenient position in Halakha, which some or many Rabbis disagree with.

Person B responds by asking a rhetorical question: “We follow our rabbis until it’s inconvenient, right?”.

With this little question, the responder implies that the aforementioned leniency was suggested out of a lack of commitment to Judaism. “Judaism is hard”, Person B tells us, “and you’re not trying hard enough”.

Let’s talk about this question for a moment, and examine whether or not it’s actually a good question that should be taken seriously. We’ll do this by looking at the implications of the statement.

1)“We follow our rabbis”: Now Orthodoxy is predicated on following Jewish law as set down in the Talmud, and interpreted and passed on through the generations. So there are many rabbis from over the generations who will be “our rabbis” to both sides in the aforementioned argument. However, not all rabbis are followed by everyone.

With this in mind, make sure that when a person starts telling you about who your rabbis are that you’re talking about the same people. Otherwise, the statement is already meaningless. For example, if somebody tells a Modern Orthodox person about the Satmar Rebbe’s view’s on Zionism, they are no longer dealing with shared leaders. Another example of this might be when a little girl asked my wife “why are you wearing red if you’re Jewish?”. Presumably, my wife and I do not have the same rabbis as that little girl and her family.

2) “Until it’s inconvenient”: This statement implies that halakha doesn’t take seriously when a person is inconvenienced. While I’m not an expert, I do know enough to say that’s not true. That’s why the Talmud discusses the concept of “istinus” (a particularly sensitive person) numerous times, why we are told God is sensitive to the economic needs of the Jewish people, why Hillel made the Pruzbol, why there is the concept of ‘tirkha d’tzibura’ (inconvenience to the congregation) and many other laws.

This is not to say that “inconvenience” is a valid reason to not follow halakha. But everyone should know that rabbis do care about what’s convenient for their followers, or at least that they should.

3)This statement shifts the conversation away from the actual content being discussed. Instead of saying “your statement is factually incorrect”, or any other statement that actually has substance to it, this statement is a personal attack on the commitment of another person. However, the personal commitment of the person advocating a lenient position is not what is up for discussion, so much as whether or not their statement is correct.

Being that oftentimes (or perhaps usually) the commitment of Person A, who advocates s a lenient position, is no less strong than anyone else’s, this actually turns into an unfair and often vicious accusation, which hurts the reputation of another person or a group of people.

How many halakhot are violated when someone tells you that “We follow our rabbis until it’s inconvenient, right?”?

A whole bunch.

So don’t imply you have the same poskim if you don’t, don’t imply that halakha does not take into account the condition of the Jewish people, and don’t attack people personally in what is at best a distraction.

I admit, you may encounter a person who actually argues that we should not follow halakha when it becomes inconvenient. At that time the statement we have just discussed (hopefully for the last time ever) will become perfectly relevant, if perhaps too sarcastic and rude. In that case, rephrase it as a polite question, and go for it.


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‘He is Charedi’: A Short Response to Rabbi Rosenblatt

I am charedi. I was born in Brooklyn, went to mainstream charedi elementary and high schools, spent two years in Mir Yerushalayim and attended Kollel at Beth Medrash Gevoha in Lakewood, New Jersey. I wear a black hat on Shabbos and dark pants and a white shirt much of the week. My yarmulke is large, black and velvet and being a frum and inspired Jew is my most basic self-definition, on par with being human and being male.

Read more: http://www.cross-currents.com/archives/2012/08/06/i-am-charedi/#ixzz23K8p5Bvh
Under Creative Commons License: Attribution

This morning I glanced at Cross-Currents  (while avoiding my studying) and saw an interesting and enjoyable post from Rabbi Yaakov Rosenblatt, who is the CEO of a meat company, a rabbi at NCSY- Dallas, and a self-identifying Charedi. This last point is a large part of how he sees himself, and he seeks through some short examples to carve out a niche for himself in between those to his right and left on the Orthodox spectrum, which I think he does successfully.

However, there were two things his post left me wondering about.

1)Rabbi Rosenblatt writes that he believes in the “utter supremacy of Torah wisdom to secular knowledge”. What intrigues me about this statement is that it assumes something that is true could be inferior to something else that is true.

 Presumably, Rabbi Rosenblatt assumes our ability to learn and discover information outside of the Torah is God-given, so it is odd that this information should be any better or worse than other information that comes from God.

Perhaps the author could argue that not all of that information brings a person to the service of God, and therefore the Torah, which does, is superior. However, he himself admits that analysis of the physical world may bring one to a “richer appreciation” of God. That sounds like “Torah wisdom” to me. So what causes the “utter superiority of Torah wisdom” to “secular knowledge?

As Maimondies wrote in his “8 Chapters”, (from the Twersky “A Maimonides Reader”) “one should accept the truth from whatever source it proceeds”. He similarly states in Laws of the New Moon, chapter 17 that “we need not be concerned with the identity of…authors, whether they were Hebrew prophets, or Gentile sages….we rely on the author who has discovered them only because of his demonstrated proofs and verified reasoning.”

It seems to me that Rambam holds all truth is the same, as long as it leads to ‘avodat HaShem’ (serving God).

2)Rabbi Rosenblatt says that part of being Charedi is the belief that “Torah study is a most worthy pursuit”, as is value to “lionize” great scholars. To me this implies that the Modern Orthodox do not believe these things.

I can only strongly disagree. At least from my own experience, the great majority of the Modern Orthodox would profess that Torah study is a most worthy pursuit, even while refusing to write a cheque for a local Kollel and hoping that their kids end up working as lawyers or doctors. These values and desires do not necessarily contradict each other, as Rabbi Rosenblatt seems to be aware of, since he says he is no longer certain that “Kollel-for-the-masses” is a good idea.

Similarly, many people simply want their children to prosper, and do not believe that Kollel is the proper way to live in a non-utopian society.

At any rate, I did like his post, and it’s always nice to see normal people trying to influence others in that direction. Best of luck Rabbi!

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