Thursday, May 17, 2007

Two Torahs

There is a Mitzvah in the Torah called Lo Sisgodidu It is mentioned in Devorim (Deuteronomy 14:1). It is a Lav, a negative commandment. “Banim Atem Lashem Elokeicham Lo Sisgodidu, VeLo Sasimu Karcha Bein Enechem LaMes”. “You are children of the Lord, do not cut yourselves and do not put a bald spot between your eyes for the dead.”

The simple meaning of the word Lo Sisgodidu is as translated, “Do not cut youerself”. This fits in very nicely with the context of the Pasuk. People should not cut themselves as a sign of mourning because that was a Pagan rite.

But there is a second more relevant interpretation which is derived from the word cut. It is the idea that one must not ‘cut’ or separate the Torah into two Torahs… with one set of laws for one group and another set of laws for another. As Rashi explains, that would give the impression that there are two Torahs. The Rambam agrees with the interpretation but provides a different reason. By setting up two sets of laws, it creates potential conflict between one community and another. And such conflict must be avoided as a matter of Torah law.

This brings into serious question the many different customs that exist in Klal Yisroel. It would seem that this Lav was observed more in the breach. Especially in recent times.

One such example is Nusach HaTeffila, the text of formal prayer. One could perhaps excuse the development the different texts of on the one hand, Edot Mizrach the official text of for Sephradim. and on the other hand the development of Nusach Ashkenaz used by Jews of European descent. Those two traditions developed independently of each other. Each claims theirs is the authentic 2000 year old text of the original composers, the Anshei Keneses HaGedolah. There was little contact over the millennia between the two separte geographical groups. So even though I don’t see how that removes the Issur of Lo Sisgodidu, at least it is understandable how each group claims to be the original.

But the adoption in the late 18th century of Nusach Sefard by the early Chasidism who were of European descent and lived in Ashkenazi (European) communites seems to be in direct violation of this Torah commandment. There can be no claim that Nusach Sefard Sefard or Nusach Ari (a version of it) is the original. Nusach Sefard changes significant portions of the original text. It uses a Kabbalistic interpretation of prayer written by Rabbi Isaac Luria, (known better by his Hebrew acronym the Ari) and modifies it into what they considered a holier version of prayer.

So now we have two Torahs: One for Chasidim and one for non Chasidim. Why was this not a violation of Lo Sisgodidu? It would seem to me that anyone who Davens a Nusach other than Nuasch Ashkenaz, is in violation. Yet it is seems to be completely accepted by the all Poskim.

Rav Moshe Feinstein has an interesting Teshuva about this. It’s been many years since I looked at it but it had to do with a Shaila asked by an individual about what Nusach he should Daven. Rav Moshe Paskin’d that he should Daven whatever the Nusach of his father because that is his Mesorah. But if an individual didn’t know what his father’s Nusach is, than he argued that the correct Nusach is Nusach Ashkenaz. He argued pretty much along the same lines I’ve been discussing… that is… he asked the question, “Who gave the Chasidim permission to change the Nusach HaTeffila?”

I remember thinking that if this is the correct Nusach, why should anyone Daven Nusach Sefard? Why perpetuate bad Mesorah? Why isn’t perpetuating an error a violation of Lo Sidgodidu?

My father Davened Nusach Sefard. I now Daven Nusach Ashkenaz. Why did I leave my father’s Mesorah? Well, it isn’t that simple in my case. After learning in elementary schools and Yeshivos that all Daven’d Nusach Askenaz, my Nusach was kind of a hodgepodge. It was Ashkesefard. I decided to “pick one” and after seeing the Teshuva by Rav Moshe I leaned very heavily toward his argument.

And then there was this:

My famous (amongst Chasidim) paternal ancestor Rav Shimon M’Yaroslav rebelled against his father, Rav Yisroel Leib Elbaum who was a strident Misnagid . R’ Yisroel Leib was so opposed to the Nusach change that on his deathbed he told his son, that if he said Kaddish in Nusach Sefard (which adds the line ‘VeYatzmach Purkanei V’karev Mishichei) then he should not say Kaddish for him at all! This story is actually brought down in Seforim as a Shaila about how far one is obligated to honor a father’s wish. It can be found in Shaarim Metzuyanim B’Halacha.

Rav Shimon’s father, and Rav Moshe were right. It was Rav Shimon who changed his Mesorah. I was merely correcting the error. My son has done the same thing. And when he asked Rav Ahron Soloveichik about it, Rav Ahron said, “you did good”. I told my father that I decided to Daven Nusach Ashkenaz and he nodded his approval too.

Now many will say that I have departed from my Mesorah anyway, permission or not. Well I have a great example in my illustrious ancestor, Rav Shimon, who did the same thing.

My little contribution to Lo Sisgodidu.