And the Bans Just Keep on Coming...

Can anyone imagine a more Tznius setting than Bnei Brak? If there are highs standards of modesty anywhere it is there. But in the never ending effort to deal with every matter in the form of a ban, the rabbinic leaders in Israel have outdone themselves. Again.

An article in Ha'aretz reports that an outdoor Simchas Beis Hashoeva concert has now been canceled. Why? Because of the danger of "lewdness" during the festivities.

Bnei Brak? Lewdness?!

I don't know how many people have ever visited that city but lewdness has been 'abolished' there. It is a virtual impossibility for adolescent boys and girls to meet anywhere in that city. There are no movie theaters. There are no TVs. The internet is forbidden. Fast food restaurants are not allowed tables and chairs so as to prevent them from becoming hangouts. In short there is virtually no way for a young person raised in Bnei Brak to ever meet a member of the opposite sex or to know what lewdness even means.

About the only entertainment this community knows is of a religious nature. So when a Simchas Beis Hashoeva concert takes place in Bnei Brak on Chol HaMoed Sukkos it is a truly special event. With a dearth of activitites available to young people throughout the year this day must be a very special day.

So what has the rabbinc leadership done? They've banned it! At least those which take place on the outside in the open air. All concerts must take place indoors if at all. Why? They are afraid… very afraid! The rabbinic leaders have been convinced by their 'mafia' that lewdness takes place there. So they ban. Probelm solved.

Really?

I quote the following words written by a very popular Mechanech:

"Today… we have self proclaimed agitators and charlatans who have nothing to do with their time but to go around to our leading Torah sages and try to convince them that separate-seating concerts are a threat to our Yiddishkeit and to ban them. They falsely claim that there is pritzus in the hallways plus other fabrications. Exaggeration is a blood relative to falsehood, and almost as bad. A gossip is one who can give you all the details without knowing all the facts."

"When sports and concerts are forbidden, and all forms of kosher entertainment are off limits, we are asking for trouble. If our kids can’t find a place to vent their energy within a kosher environment, then they will find it elsewhere."

This good advice ought to be listened to by those who promulgate all these bans in Israel. Maybe they should consider that the bans are proving to be the cause of the problems rather than the cure. And if bans are not the cause, they are a major contributing factor. By continually limiting the availability of leisure time activities, it might just lead young people to find recreational outlets among the forbidden.

Isn't that what happened in the Catskills this summer? It was in part because there was a lack of such activities that young people were found participating in activities that were lewd… or worse! …activities far more lewd that anything one might find at a Simchas Beis Hashoeva concert in the middle of Bnei Brak!

One of the first things some very wise rabbinic leaders in the US did about the Catskill problem was to create more kosher entertainment events like concerts. It was apparently clear to them that by not providing kosher options for adolescents it will almost guarantee that restless adolescents… good kids in many cases from fine Charedi homes… will inevitably find places where unthinkable behavior will take place!

Should Israeli rabbinic leaders say that there is actually a lot more of this lewd behavior talking place in Bnei Brak than one could even imagine… then this ban is nothing more than a band aid anyway. If this is truly a problem in Charedi society then all that over protection clearly isn't working. They should consider that there is a flaw in their approach. If the hard core Tznius standards that this community imposes on their young people still has so many of them participating in lewdness at sepeaete seating concerts then there is something definitely wrong. They should reconsider their over-protectionist ways.

Chabad has decided to ignore the ban. Now it is quite true that Chabad does not listen to the pronouncements of rabbinic figures outside of their own. And I do have very serious issues with the movement as is well known by my readers. But in this instance I applaud them. They are very clearly making a statement. They are telling the Charedi world that they don't think much of their leadership. And that Neturei Karta is siding with the ban and protesting Chabad makes me certain of the fanaticism at play here.

The fact is that the leadership is not in control now and have not been in control for a very long time. It is the 'mafia' that surrounds them who is in control. They are nothing more than self proclaimed agitators and charlatans who have nothing to do with their time but to go around to our leading Torah sages and try to convince them to issue harmful bans.

Chag Sameach from the Holy Land – Guest Post

My usual habit on Erev Yom Tov is to depart from commenting on issues of the day and present a Dvar Torah related to Yom Tov… which in this case is Sukkos. Instead I present a Dvar Torah from a guest poster who wishes to remain anonymous. I will only say that he is a college educated Talmid Chacham.

Just a couple of definitions for purposes of this post:

* Ben Eretz Yisroel: Any Jew who has made Israel his permanent home.

* Ben Chutz La'aratz: Any Jew who lives outside of Israel... while in Israel (e.g. myself currently).

The post is in the form of a legitimate Shailah. I invite any and all serious comment and response.

To all who comment and read my blog as well as to all of Klal Yisroel: Have a wonderful Yom Tov.

May a Ben Chutz La'aretz do Melacha for a Ben Eretz Yisrael?

You read it correctly. Many will read this title and assume that it is an error. Usually, the discussion is the opposite; "may a ben eretz yisroel do melacha for a ben chutz la'aretz". That discussion revolves around people in Eretz Yisroel who only have one day of Yom Tov and people visiting from chutz la'aretz must keep a second day. Therefore one would assume that the ben eretz yisroel may do melacha not only for himself but even for his friend the ben chutz la'aretz. This is not the topic of our discussion. The title was written correctly.

The basis of our discussion is as follows. As is well known, although there are melachos that are forbidden on chol hamoed, many of them are permitted if they are done letzorech hameod (for festival purposes). Tzorech hamoed need not be for that specific day of the moed. One is permitted to do a melacha for any of the days of the entire yom tov.

The question arises: may one do melacha on chol hamoed for the purposes of yom tov sheni shel chutz laaretz?

Theoretically, one might assume it is forbidden. The reason is that there is a machlokes rishonim as to whether melacha on chol hamoed is forbidden m'doraysa or m'drabbanan. According to the opinion that it is d'oraysa, it should not be permitted to do melacha for yom tov sheni since m'doraysa it is not the moed. Certainly, a ben eretz yisroel can't do melacha for that day since for him it is not yom tov at all.

Nevertheless, as we are all aware (as everyone cooks on the last day of chol hamoed for the 2nd day of yom tov as well) it is permitted. The Rema (539:11) states so explicitly (see Pri Megadim there that questions this based on the fact that that since YT Sheni is a D'Rabbanan then it should be forbidden to cook for that day when on a YT D'Oraisa).

Yom Tov Sheni K'hilchaso brings adds an additional leniency from HaGaon Rav Shlomo Zalmen Auerbach ZT"L: A ben eretz Yisroel may do melacha on chol hamoed for yom tov sheni of a ben chutz laaretz, even though for the one who is cooking that day is not yom tov at all. HaGaon Rav Nissan Karelitz Shlit"a disagrees and holds that it is forbidden.

This year, for bnei Eretz yisroel, Simchas Torah falls out on Thursday. The next day, Friday, is completely chol (isru chag), and then Shabbos.

For the ben chutz laaretz, it is a 3 day yom tov, ending with Shabbos. Now for the ben chutz laaretz, it is permitted to do melacha on chol hamoed even for the Shabbos following the moed. For the ben eretz yisroel, it is presumably forbidden (אמנם ע' שעה"צ סי' תק"ג ס"ק ד' וסי' תקכ"ז סע' י"ג. ואכמ"ל) and it is certainly forbidden to do melacha for Friday. Here the question is posed:

May a ben chutz laaretz do melacha on chol hamoed for those days for his friend the ben eretz yisroel (e.g. may he buy something in the store on chol hamoed that the ben eretz yisroel doesn't plan to eat until Friday), or not. (this can be pondered whether or not one agrees with the aforementioned leniency of Rav Auerbach ZT"L).

A Gutten Yom Tov.

Where Will It All End?

This year I participated in one of the most inspiring Yom Kippur Services I’ve ever attended. It was in a very Charedi Shul called Maassas Mordechai. It is in its new home which is still under construction and just barely usesable.

You could feel the sincere Teshuva coming out of the Mispallelim (those in prayer) and the attendant joy in their hearts at this great occasion of a hopefully succesful atonement. The singing of virtually every single member in unison of the various Piyutim (texts in the Machzor) throughout the day was outstanding. I was very moved by it. The feeling in the air was palpable. And I have yet to be disappointed by the wonderful and warm hospitality of the people of this Shul.

In the main, they represent the Charedi mindset in Ramat Bet Shemesh. It is one of firm conviction of belief in the Mesorah as transmitted by the rabbinic leaders of our generation, Dikduk b’Mitzvos (extra care in their Mitzvah observance), a wonderful display of camaraderie among themselves, and friendship to the visitor making him feel like one of their own.

That said my enthusiasm was immediately tempered by the following article in the Jerusalem Post. The article is a synopsis of many of the issues written about here. And it reminded me that all is not well in the larger Charedi world in Israel... and that if things continue as they are, it could lead to disaster for the entire ountry.

It is certainly not the fault of these wonderful people in Ramat Bet Shemesh. They are merely citizens of the virtual 'Charedi ‘State’ and they listen to their leaders in complete faith.

The fact is that no matter how you look at what is going on in Israel and to a lesser extent in the rest of the Charedi world outside of Israel is a Chumraization in the extrme. Why is this happening? The reasons are complex and have been discussed here before, but the author of this article makes a valid point:

THE DECLINE of moderation can be traced to the influence of haredi teachers employed in national-religious educational institutions. That coincided with a trend among Israeli rabbis to compete with one another in demonstrating greater stringency in halachic interpretation of ritual observance.

The fact is that extremism is the order of the day in Charedi Israel and all ofn the recent bans only serve to corroborate that. The voices of reason have been silenced. Reasonable people in the Charedi world are afraid to speak out. And those who speak out from outside the Charedi world are either ignored or vilified.

The religious extremism is enhanced by the new found political power of the Charedi parties who are now in a position to get what they demand from political leaders in exchange for their votes. And as the article continues to point out, extremism does not stop with Charedim. It has found a home among religious Zionists too.

The article shows how damaging this could all end upbeing. And if the trend continues it can only have one result, the biggest backlash in modern times!

Rabbi Lau puts it nicely: "It is unacceptable for rabbis to scream while the public remains apathetic."

And that brings me back to the wonderful Charedi citizens of Ramat Bet Shemesh. They seem to be doing quite well materially. Many live in their own relatively new homes and many oif those are nicely furnished. Many have their own cars and/or vans. They are relatively well dressed. And many of the men in this community learn full time. I’m not exactly sure how they do it. Nor am I exactly sure how they are building a new Shul from the ground up, but I tend to doubt that this is a typical Charedi setting. I do not believe that this community is truly representative of the larger Charedi world who so struggle to make enough money for the bare necessities and in far too many cases they do not succeed.

I will close with the following excerpt which addresses the most current of Chumros, the ban on the Heter Mechira. It nicely summarizes my feelings:

The potentially catastrophic repercussions of the shmita crisis on the state should act as a catalyst for exchanging the current, haredi-controlled religious leadership for responsible, moderate rabbis, attuned to the people and motivated by a genuine desire to harmonize the application of Halacha with the national interest.

When Worlds Collide

One of the most beautiful large Shuls I have ever davened in is the Modern Orthodox Beth Avraham Yoseph of Toronto (BAYT) (named for its benefactor, Joseph Tennenbaum. It is located in Toronto’s upscale Thornhill section.

I am a big fan of this type of Shul but I am also a fan of the Lakewood type community Kollel. A very successful Kollel of that type exists in Chicago. They have been in there for well over 25 years and have largely (though not exclusively) been responsible for the near explosion of Torah learning by Baalei Battim over the course of their tenure there. Just about every Daf Yomi in existence in Chicago today can be in part traced to the Kollel in some way. The Kollel has over the years provided some of the most dynamic and important Mechanchim, pulpit and Kiruv Rabbanim in Chicago and elsewhere and has inspired several smaller communities Kollelim to open ip in Chicago.

What does a Lakewood Kollel have to do with a Modern Orthodox Shul in Toronto? An article in Canada’s Jewish Tribune reports that a Lakewood type Kollel is being brought into town and that they will be renting space at this Shul. That has led to a conflict between factions there. And that is sad.

Among the complaints by the faction on the left is that ideals of Modern Orthodoxy will not be kept. The believe that the entire character of the Shul will be changed by the Kollel’s presence. For example celebrations like Yom Yerushaliyim will be ignored, and there will be no recitation of a Bracha for the State of Israel. It appears there will also be an unsatisfactory shifting of an existing Young Family Minyan to an inferior location that will then impinge on the main sanctuary’s women’s section.

This is just the latest in what seems to be a tug of war between right wing and left wing elements in that Shul and it threatens to disrupt the relative peace and harmony that has long existed between these two factions.

Although I encourage Toronto to welcome with open arms the proposed new Lakewood Kollel, I cannot help but be upset by the thwarting of a similar attempt to establish a Yeshiva university type Kollel at the Shul by memebers of the right. I can’t really blame the Baalei Battim on the left there for being upset by that and reacting as they are.

This in microcosm seems to be the way things are going in the Torah world these days. The right wing is flexing their muscle and getting their way. And institutions like Yeshiva University are denied access to the public forum.

The ‘move to the right’ is not healthy one in my view. It is one thing to strive to be careful in one’s Mitzvah observance and it is fine to believe in the Hashkafa of the right as long as you do not deny the left to present a legitimate Hashkafa of it’s own in the public square.

Let the two philosophies have a place to teach their views to the public. And allow people choices. It will serve the community far better than would a single option community. We already know what that looks like. Its membership are physically impoverished with little hope of self sufficiency.

The Torah only lifestyle is a beautiful one that should be allowed expression. But so should the the Torah ‘and’ community. Rabbi Samson Raphael Hirsch knew that. His community was very successful and we have a lot to learn from it. To bad that Rav Hirsch’s vision is is all but obsolete in our day.

What’s going on in Toronto seems to be adding yet another nail into that coffin.

* My thanks to Mr. Joey Fried for bringing this issue to my attention.

According to Information Reaching Us...

The International Christian Embassy in Jerusalem (ICJE) is organizing the annual pilgrimage of Christians to Jerusalem of over 700 Christian tourists. And the Rabbanut which is now basically controlled by the ‘Gedolim’ is banning participation in their celebrations. Why? Because they fear that the event is a cover for missionary work.

If those fears were well founded, I would agree with it. But they are clearly not. There is nothing more obvious then the 180 degree turn by Christendom in recent years with respect to their relationship with the Jewish people and Israel.

But then, how would the 'Gedolim' know that? Have they spoken to any Evangelical leaders like Pastor Hagee? There are two chances of that having happened : Slim and none! (That’s putting it mildly.) This ban like many other of the recent bans is based not on the personal investigation by ninety year old plus Gedolim but is based heavily on information given to them by people they trust.

The title of this post is taken from a line in the Jerusalem Post article on this subject. And it just about sums up my view about how bans and boycotts come about from the ‘Gedolim’ in Israel. And it is no less true this time. The only difference is that this is the first time I’ve ever seen any kind of disclaimer in print quoted from them.

To be fair they are not calling for a boycott of the Christians themselves. If I recall correctly, a recent article said that the ban had actually welcomed these Christian tourists who come to Jerusalem for Sukkos to show solidarity with the Jewish people and Israel.

So what’s the problem? It is this. These Christians are displaying a solidarity and support for Israel that is unprecedented. They have admitted to Christendom’s sordid anti Semitic past. And the entire purpose of this new love is precisely to counteract world anti Semitism which is constantly on display in world community. They want to declare t that when it comes to Chrsitianity’s persecution of the Jews over the millennia, yes, it happened and they are here to say, ‘Never again!’

I have written about the obvious and clear differences between today’s evangelical Christians and their predecessors. These people really mean it. Are there missionaries among them? I’m sure there are. But they are a small minority and are not supported by the mainstream. This is what my friend Rabbi Yechiel Eckstein president of The Fellowship of Christians and Jews has told time and time again. And he is about as Ehrlich a Jew as I know. They bless us because they are bible believing Christians who know that God blesses those people who bless the Jewish people. The vast majority ask nothing of us but our friendship. And we ought to give it to them. One does not display friendship by telling people not to participate with them in the celebrations.

To be sure one must be careful and if one suspects missionary activity it ought to be reported to the authorities. I am pretty sure there is at least a municipal law in Jerusalem against it. If not, there ought to be. If anyone does see any missionary activity then those people ought to be exposed and boycotted. But to come out with a blanket ban based unsubstantiated ‘information reaching us’ is nothing short of a slap in the face of the very people who support us the most, Evangelical Christians. As the Jerusalem Post puts it:

“The ICEJ will be bringing more than 7,000 Christian pilgrims from some 100 countries this holiday. This has grown into Israel's largest single tourist event each year, with thousands of well-wishing Christians congregating in Jerusalem and revitalizing its economy.”

We have so few friends in the world community. We ought to be treating those who so strongly and completely support us ….both morally and with dollars a lot better than slapping them in the face.

…U’VeYom Tzom Kippur Yechasemun

This will be my final post before Yom Kippur. I am off to Israel to spend Yom Tov with my family in Ramat Bet Shemesh. We have always experienced the most wonderful of Yomim Tovim in this small suburban town. It has a spiritual beauty found in few places on earth. And it has physical beauty to match... both natural and man-made. The people I’ve encountered there are mostly Charedi. And they have been more than warm and welcoming.

Each time I visit I have felt a warm sense of family that seems to exude from this community. Whether Charedi or Dati, people there seem to get along quite well. At least that has been my experience thus far.

My son’s condo and Shul are good examples of that. The multi unit building consists entirely of religious Jews from all perspectives of Judaism. My son’s immediate neighbor is in the IDF and wears a Kipa Seruga. My son’s Shul is very Charedi but one can on any given day find a number of Daatim learning or Davening there as well.

Over the course of last year there were some horror stories coming out of this town… or more precisely it’s ‘twin’ across the road, Ramat Bet Shemesh B. The behavior of its residents that was reported in the media ...and here on this blog... was atrocious. It really upset me. The reported descriptions of behavior was unlike anything I had ever experienced ….some of it spilling over into Ramat Bet Shemesh A. I truly pray that it never happens again. I hope and pray that the peace and beauty I experienced in the past there still exists. I am really looking forward to that.

* The Gemarah tells us that Yom Kippur is transformational. The day itself atones for our sins. The relationship between man and God that has been strained or even fractured throughout the year is restored; a personality that has been sullied by sin is cleansed.

* The Rav, Rabbi Joseph Solveitchik tells us, the level of Kapparah (atonement) that this day provides is proportional to the degree to which a person relates to and internalizes its awe inspiring capacity. Thus the Kapparah is referred to in the Machzor in the plural form: Yom HaKippurim. The Kapparah available on this holy day depends on the lengths to which one goes in order to experience the Kedushas HaYom… the holiness of the day.

I will be having internet access while in Israel and hope to be posting regularly from the holy land after Yom Kippur. Until then I wish to use this opportunity to ask Mechila for any wrong I have done or said to anyone whether directly or indirectly. My primary intent on this blog is to seek the beauty and truth of Torah and rid the Torah world of Chilul Hashem… whether real or potential. It is also my purpose to promote the ideals of moderation… that elusive Midah HaEmtzais of the Rambam. I know I don’t always succeed and sometimes I fail miserably. But I do try. And so I ask for your forgiveness. And I hereby declare my forgiveness to all.

I wish all of my readers and commenters a Gmar Chasima Tova. May all of us be signed and sealed into the book of life, health, and happiness. And may we all have a blessed year 5768.

* Adapted from the introductory essay by Rabbi Menachem Genack and Rabbi Hershel Shachter in the Machzor Mesoras HaRav L’Yom Kippur, edited by Dr. Arnold Lustiger.

Respecting Secular Jews

When Rabbi Yakov Horowitz, Mishmar, DovBear, and I all have the same perspective on an issue, there must be some inner truth in it. This is the case with a recent article by Rabbi Horowitz. What is it that we agree upon? …that not every issue is worth fighting for.

Sometimes wining a battle will lose you the war. If Torah leadership in Israel desires in any way to win over the hearts and minds of secular Jews, they have a funny way of trying to achieve it. We are never going to convince secular Jews about the beauty of the Torah by giving into our every religious whim and then riding roughshod over the will of the secular majority. Just because the religious parties have the power to do it, doesn’t make it is wise decision to do so.

The example Rabbi Horowitz uses to illustrate this point is the legislation introduced by religious Kenesset members to shorten the day. Israel moves the clock back to standard time a few weeks earlier than the rest of the world. This is done so that the Yom Kippur fast will end one hour earlier. Why is this bad? Because it upsets our secular brothers.

They do not want to lose an hour of daylight at a time of year that has some of the most pleasant weather of the season. They want to be able to enjoy the outdoors with their families a bit longer. And it also means people returning home from work will be doing so after dark.

Is it worth increasing the already large hostility by many secular Jews towards religious Jews in Israel in order to have a one hour shorter fast on one day? I don’t think so. And this speaks to the issue of ‘shoving religion down people’s throats’. Rabbi Horowitz puts it this way: ‘…no one was ever brought closer to Hashem by force.’

As a Charedi Mechanech Rabbi Horowitz is a loyal adherent of Daas Torah. Yet he warns:

‘we rely on the daas Torah of our gedolim to guide us... But in all ...non-essential matters, we should practice the concept of darchei noam, ‘paths of pleasantness,’ and be sensitive to the wants and needs of others outside our community.’

… We would be well served to maintain our perspective on non-urgent communal issues and start acting as if we do not have a limitless number of cards in our deck to needlessly squander.

Michael Mukasey: A Kiddush HaShem

The United States has a new Attorney General. He has yet to be confirmed by congress but the word is that he is broadly respected by members of both political parties. This is truly a ‘win’ for the President. He has certainly had his share of problems of late. Especially when it comes to choosing good people for key positions in his administration.

The last Attorney General being a case in point. I personally believe that Gonzales was a victim of politics and that his errors would have normally been overlooked. But in the current political climate in Washington, nothing is going to get a pass from the President’s political enemies.

This makes the appointment of the Honorable Michael Mukasey as the new Attorney General of the United States… and the positive reaction to him all the more significant.

No he is not Irish. That’s what I thought when I first heard his name. He is in fact Jewish. And he is Frum… a Torah Observant Jew who is a member in good standing of an Orthodox Shul. What an honor it is for Judaism. And what a Kiddush HaShem. Here is a man who rose to the top of his profession without sacrificing his beliefs. (Kind of reminds me of Senator Joseph Lieberman.) I couldn’t feel prouder of one of my co-religionists.

The following has apparently appeared in the Kehilath Jeshurun Bulletin. It was forwarded to me by my good friend Steve Katz. I would only add my own public congratulations to Mr. Mukasey, his family and the entire Jewish community:

What a privilege it is for us to be able to honor the Hon. Michael Mukasey, Chief Judge of the United States District Court for the Southern District of New York.An alumnus of Ramaz, class of 1959, Judge Mukasey received his B.A. from Columbia in 1963 and an LL.B. degree from Yale Law School in 1967.

A recipient of an honorary doctorate from Brooklyn Law School, he also won the Federal Bar Council's Learned Hand Medal for Excellence in Federal Jurisprudence. Judge Mukasey served as an Assistant U.S. Attorney in the Criminal Division for the Southern District of New York and was a partner in Patterson, Belknap, Webb, & Tyler until his appointment to the federal bench in November, 1987. He also presently serves as Adjunct Professor of Law at Columbia Law School.

His wife, Susan, served Ramaz for 25 years with great distinction as a teacher and then as Headmistress of the Lower School. His children, Marc and Jessica, are both alumni of the school and he is the proud grandfather of two grandsons, William and Benjamin, born to Jessica and Corey Barkoff.

As will be apparent from our presentation of him on Shemini Atzeret, it is particularly gratifying for Kehilath Jeshurun to honor this outstanding jurist and heroic, American Jew. He and his family have made sacrifices for their commitment to America and to Judaism on a level reached by very few. It is our honor to honor him.

All You Need is Love

Rabbi Yaakov Love’s credentials seem impressive. According to his official bio at Yeshivat Chovevei Torah he learned under Rav Yisroel Gustman. He received Yoreh Yoreh and Yadin Yadin ordinations from noted rabbis and Dayanim in Israel. He taught at Shappel Institute and Machon Pardes in Israel , completed work on a MA/PhD in Talmud at Hebrew University and is an Associate Rabbi at the Young Israel of Passaic in Clifton, New Jersey. He is also on the faculty of Yeshivat Chovevei Torah (YCT).

This is quite a resume! And it is my further understanding that Rabbi Love is a man of impeccable character. So what is up with this? According to an article in the Jewish News of Greater Phoenix, he has put his imprimatur on a Mikvah built and approved under the auspices of Reform, Conservative and Orthodox rabbis.

From the article:

The rabbis involved in the project were Ben Zion Bergman, a Conservative rabbi who is professor emeritus of Rabbinic Literature at American Jewish University in Los Angeles, and Yaacov Love, an Orthodox rabbi in New Jersey. Bergman was involved in the development of Mayyim Hayyim - Living Water Community Mikveh and Education Center in Boston, the mikvah at the American Jewish University (formerly the University of Judaism), and numerous others.

In a letter certifying the mikvah, Love, who is associate rabbi at the Young Israel of Passaic-Clifton and chair of the Department of Halakha at Yeshivat Chovevei Torah in New York City, addressed the potential concerns of some Orthodox Jews about the mikvah being located on the campus of a Reform congregation for use by non-Orthodox Jews. He cites the opinion of Rabbi Moshe Feinstein that doing so no way undermines the kashrut of the mikvah.

I wouldn't be surprised if he is basing his cite of Rav Moshe on his Psak for the Chicago Mikvah Association (CMA).

When the West Rogers Park Mikvah was built about 35 years ago, the Chicago Jewish Federation (CJF) was approached for funding. The CJF gave the money on the condition that all Jewish religious denominations be permitted to use it. This of course meant allowing Conservative and Reform conversions.

Rav Aaron Soloveichik was asked a Shaila about whether they were permitted to accept funds with this condition attached. Rabbi S0loveichik was the head Posek of the rabbinic committee of the CMA. There were three members: Telzer Rosh HaYeshiva, Rabbi A.C. Levin; Rabbi Dovid Berish Meisel’s, Talmid Muvhak of his uncle, Rav Tzvi Hirsh Meisels who was considered a major Posek on Mikvaos; and Rabbi Soloveichik. He Paskin’d that it was Assur. The CMA was not permitted to take money with this condition attached as it would in effect end up contributing to non Halachic conversions.

This did not sit well with the CMA. The circumstances were dire. They really needed the funds. There was no decent community Mikva in Chicago at that time as the main Mikvah was broken beyond repair. A small Shul Mikvah in the neighboring suburb of Lincolnwood was primarily used for the entire city.

There was one kosher community Mikvah in an older run down neighborhood that was in very dilapidated condition and used mostly by Chasidic Jews. It was made available but few women wanted to use it. Many semi-observant women who had observed family purity laws were simply ‘scared off’. Many women traveled to Milwaukee, 90 miles away. A few just held their nose and went to the dilapidated Mikvah. But most women went to that crowded small Shul Mikvah.

The CMA was desperate. They decided to ignore Rav Aharon’s Psak and went to Rav Moshe. He Paskin’d they could take the money with those conditions attached. He reasoned that as long as they do not participate in any way with those non Halachic conversions, they could permit the Conservative Movement to use it for their conversions. Needless to say, Rav Soloveichik was very upset that he was over-ridden. And rightly so. It is in fact Assur to seek a Kula from another Posek once you've gotten a Psak L'Chumra from the Posek you originally asked. Once you get a Psak from a legitimate Posek, that is Halacha for you… even if the second Posek is greater than the first one.

The CMA went ahead and took the money and built what was at the time a beautiful state of the art Mikvah. Rav Soloveichik immediately resigned from the Halachic committee which was padded by the CMA with an additional 8 rabbis of lesser stature (to total a Halachic committee of ten). To its credit however, the CMA has also built many more Mikvaos in the Chicago Jewish community since then all of which are walking distance to most religious women in the various Jewish neighborhoods.

In any case... back to Rabbi Love. If this is the Psak of Rav Moshe that Rabbi Love relied upon, it is really not the same situation. Rav Moshe would hardly have given his OK to a Mikvah built and operated by a group of rabbis some of whom are members of heretical versions of Judaism. It is quite possible that the actual Mikvah is Halachicly valid. But the entire enterprise is certainly not. There is absolutely no way that any of the great Gedolim of the past, including Rabbi Joseph Soloveitchik would have approved.

But that didn’t stop this YCT faculty member from citing Rav Moshe’s name in an obvious attempt to associate Rav Moshe’s prestige with this project!

I guess if you believe in pluralism this is a wonderful step forward. But in my view, this step undermines the very essence of Torah. By joining in this project one gives the false impression that all denominations are legitimate: ‘You want to observe Halacha?’ ‘Fine, we’ve got a movement for you.’ ‘You want to reject Halacha? …we’re OK with that too.’ ‘Try our Reform branch.’ ‘You want to believe the Torah is a work of allegorical fiction?’ ‘That’s OK. You are well within the confines of the Conservative branch of Judaism.’ ‘It’s all OK with God.’

But worst of, all any conversion by any rabbi of any denomination that uses this Mikva will give the false impression of ligitimization by an Orthodox Rabbi. What a mess!

Even though Rabbi Love has apparently not himself partnered with these rabbis he has …perhaps unwittingly… helped paint an inaccurate portrait of Judaism as pluralistic by involving himself at all.

Those Orthodox rabbis who do cross the line and join in such partnerships, promote by their presence heretical or non Halachic versions of Judaism.

It is one thing to maintain friendly relations with rabbis of other denominations. That is right and proper. It is another to give them equal billing. By publicly joining with these rabbis on this kind of enterprise one gives the impression of endorsing their heresy. And that in my view de-legitimizes their position as rabbis, teachers, and preachers in Israel.

Revised: 9/18/07 - 7:45 PM CDT

Customs of The Rav, Rabbi Joseph B. Soloveitchik

One of the more informative publications in recent years is Dr. Arnold Lustiger’s Machzor Mesores HaRav, based on the Hashkafos and teachings of Rabbi Joseph B. Soloveitchik. There are two volumes, one for Yom Kippur and one for Rosh Hashanah. The early section of the Machzor contains among other things a list of 94 Minhagim… customs practiced by Rav Soloveitchik.

Not that these customs were unique to him but that he departed from many of the traditional ones practiced by Klal Yisroel. What was fascinating to me is that I have adopted many of these Minhagim myself not knowing that these were his Minhagim too. I’d love to say that great minds think alike but compared to the Rav’s mind, mine is extremely puny. Of course some of these were based upon those of my Rebbe Rav Ahron, the Rav's brother.

For those who do not own a copy of this Machzor, I’d like to share a few of the more interesting customs that I noticed.

* In the morning prayer service, Rav Soloveitchik’s custom for P'Sukei D'Zimra when reciting the Shira (Oz Yashir) was to end it with ‘HaShem Yimloch L’Olam Voed’. He did not add ‘Ki Vo Sus Paroh’ since it is not part of the Shira. This is indictaed by the fact that ‘HaShem Yimloch L’Olam Voed’ is repeated, signifying that it is the end of the Shira.

* When reciting the Kaddish he pronounced the opening words with a Tzeirei not a Pasach: ‘Yisgadeil ViYiskadeish’ and the word ‘Chirusei’ was prounced as ‘Kirusei’ ...that being grammatically more correct.

* He would never say ‘Ki Shem HaShem Ekra’ at the beginning of the Amidah at Mincha even though it is printed in just about every Siddur since there is no source for it anywhere in the Gemarah as noted by Rabbi Elijah Kramer, the Gra.

* He added the phrase Morid HaTal in the summer months as do those who Daven Nusach Sefard and the Bnei Eretz Yisroel (Israelis) whose customs are based on those of the Gra.

* During Chazaras HaShatz (…the cantor’s repetition of the Amidah) he would never answer ‘Baruch Hu Avaruch Shemo’ (…blessed is He and blessed is His name) as is the common practice and which is mentioned in the Shulchan Aruch.. He held that the cantor’s Amidah was a congregational (Tzibur) requirement and as such no interruptions may be made if we are to fulfill our obligation. This is the Halacha by Brachos. If one is to fulfill the requirement of the Bracha, one may not interrupt the Bracha by saying ‘Baruch Hu Avaruch Shemo’. One must only answer Amen at the end of each Bracha.

* At Maariv, the evening service, he did not say anything past Hashkivenu. Since the mention of the Geula (the final redemption) is supposed to immediately precede Teffilah (the Amidah) and Hashkivenu is considered as an extention of the Bracha 'Go-al Yisroel' (the Redeemer of Israel) one ends with the Bracha of Hashikivenu. That is then followed immediately by the Amidah. He would for this reason not say any of the other additions customarily said at various times of the year such as VeShamru at Maariv on Friday night. This is also the Minhag of Chabad and of the Bnei Eretz Yisroel (Israelis) who follow the customs of the Gra.

* He was opposed to singing Yigdal at the end of Davening, a common practice in many synogogues. Yigdal is a song that includes our principles of faith. Rav Soloveitchik held that there is no reason to do so and additionally, it mimics the practice of Catholics who summarize their dogma via the recitation of a catechism during their prayers. The Ari, Rabbi Isaac Luria, was insistent that Yigdal not be said.

These were some of the more interesting customs among a great many more.

Perhaps the most interesting of the Rav's Minhagim was that in his later years he stopped saying Brich Shmeh. This prayer is recited by the congregation when the Sefer Torah is taken out of the holy ark for Kriyas HaTorah, the reading of the weekly Torah portion. His original practice was to say it but skip the following line: ‘Velo Al Bar Elohin Samichna’... ‘I do not rely on the son of God.’ His grandfather, Rav Chaim explained that by saying this line one is acknowledging the existence of a 'son of God'… but that we just don’t rely on him. It is therefore wrong to say this line.

Frankly I never noticed that line since Aramaic is not my language and I didn’t really pay attention to the words as I said them in a rote like fashion. Besides, I haven’t said Brich Shmeh in years. But now that it was pointed out to me, it is ceratinly troubling that such a line is in a Tefilah taken from the Zohar that is commnly said several times a week. ArtScroll translates the phrase ‘Bar Elohin’ as angels. I think that is pretty much the accepted version. But it was pretty strange ...almost shocking ...to realize what they actually translate to.

Rabbi Binyamin Shlomo Hamburger in his Sefer, Shroshei Minhag Ashkenaz discusses Brich Shmeh in much detail and mentions this problem among other problems with it.

Among them…

* It is not mentioned anywhere in the Gemarah. It was not said by the Geonim nor was it said by the Rishonim. It is not mentioned in the Shulchan Aruch or by the Rama.
* Since it is taken from the Zohar, which is the Sefer of Kabala, saying it counters the practice of avoiding Kabala adopted in Klal Yisroel since the days of Shabsai Tzvi.
* This prayer contains the phrase ‘Ana Avda D’Kudesha Brich Hu’... ‘I am the servant of God”. According to the Chafetz Chaim we are not worthy to use that description about ourselves as this (Eved HaShem) is the phrase that the Torah ascribes to Moshe Rabbenu.

Rav Hamburger mentions that a student of Rabbi Yechezkel Landau, the Nodah B’Yehuda, asked him about skipping the words ‘Velo Al Bar Elohin Samichna’ when saying Brich Shmeh. The Nodah B'Yehuda answered him that he could skip the entire Brich Shmeh.

It should be noted that Rabbi Chaim David Azulay, the Chida, mentions that just because the custom to say it is near universal that does not mean it is correct to do so.

Far be it from me to propose eliminating a long established Minhag of Teffila in Klal Yisroel. But it certainly makes one wonder about just how appropriate it really is.

It is therefore proper for people who do say it to continue doing so if they wish. But it is also proper not to say it... as was the Rav's custom in later years... as long as the intent is L'Shem Shamayim...to serve God.

B'Rosh Hashanah Yekasevun...

Last Shabbos we read from Parshas Netzavim. This Parsha is very appropriate as we enter the Yom HaDin because it reiterates God's covenant with us and the oath He forged with to us to establish us as His people. Early in the Parsha the following admonishment is given to one who would turn away from God.

וְהָיָה בְּשָׁמְעוֹ אֶת דִּבְרֵי הָאָלָה הַזּאת וְהִתְבָּרֵךְ בִּלְבָבוֹ לֵאמר שָׁלוֹם יִהְיֶה לִּי כִּי בִּשְׁרִרוּת לִבִּי אֵלֵךְ לְמַעַן סְפוֹת הָרָוָה אֶת הַצְּמֵאָה

"When he hears the words of this curse, and will in his heart bless himself, saying, "Peace will be with me as I will go where my heart leads me," thereby…the drunk be added to the thirsty.

Rashi explains this last phrase. God will add punishment to what he did unintentionally until now . God would have overlooked these unintentional acts, but with this attitude he causes God to consider everything as though it were done intentionally. Therefore He will extract due ‘payment’ for all.

The Pasuk in essence describes an attitude which is the opposite of Teshuva and what will result from it.

The Ksav Sofer has an interesting interpretation of this Pasuk. He says that it refers to people whose actions are based solely on man’s interface with man…the Bein Adam L’Chavero.

Many people think that if one is good in their relationships with their fellow man, that is enough. They thereby think they can minimize or ignore their relationships with God... the Bein Adam L’Makom.

They will say ‘I will be good to my fellow man and otherwise follow my heart and all will be well’. ‘I will be blessed.’

The Ksav Sofer says this Pasuk is telling us that this rationalization is unacceptable to God. God does not take bribes. One set of Mitzvos does not atone for the lack of another set of Mitzvos. And if our humanistic concerns are not sourced in the Bein Adam L’Makom, our Bein Adam L'Chavero actions are not deemed worthy enough by God.

I most often focus on Bein Adam L’Chavero issues here. These issues are important. When they are violated innocent people often get hurt. But that does not lessen the importance of Bein Adam L’Makom. The soucre of all Mitzvah observance is God. It is He who tells us the right way to live. It is all about serving Him, not man. It is God’s will for us to observe Bein Adam L’Chavero and Bein Adam LaMakom, but one must remember that ultimately both are to be done in the service of God.

Mitzvos Bein Adam L’Makom are often all too easy to overlook or be lax about. If one lax in a Bein Adam L’Makom, nothing physically happens. Life goes on. However, even though we overlook some of those Mitzvos at times, God does not.

If the Midas HaDin ruled the world, man could not survive very long. But God in his infinite mercy rules the world through the Midas HaRachamim. That’s where Teshuva comes in. If done sincerely our Teshuva will be accepted.

Many people will say, ‘It’s just too hard.’ ‘I know myself.’ ‘I can’t change.’

God in his infinite mercy does not expect us to suddenly change and become saints overnight. All he wants is for us to be going in the right direction. If we resolve to change even the slightest little portion of any sinful behavior that is beloved to Him.

May God inscribe all of Klal Yisroel in the book of life for a year of good health, peace, and happiness.

Ksiva V’Chasima Tova.

Avraham Burg’s Journey

How far has the apple fallen from the tree! In his latest piece of drivel Avarahm Burg once again shows just how far from ones roots one can get. I am of course speaking about his father of blessed memory, former National Religious Party leader and Knesset member Rabbi Dr. Yosef Burg.

Dr. Burg was first and foremost a religious Zionist. He was a man who saw Eretz Yisroel for what it truly was… an inheritance promised by God to our forefathers. I’m sure Dr. Burg’s son, received an education from his father which included this principle. But Avraham has parted company with his father. Big time!

He joined the labor party, at a time when it was still the dominant party in Israel. And he rose through the ranks quite quickly. He had remained religious and never hid that fact from the media.

I remember being somewhat impressed with his independent kind of thinking. He remained religious and at the same time embraced the ideals of his socialist leaning political party. While those ideals are anathema to me, I still admired his independence. Or at least that’s what I thought it was. Here was a Frum Jew bucking the trend and doing his own thing.

I also remember thinking that if he continues to rise through the ranks of his party Israel could end up with a religious prime minister. He may have had some very leftist political views but having a Frum prime minister would have been a very interesting phenomenon. Although his politics were far from mainstream religious in any sense of the word.

Of course that never happened. He did become speaker of the Kenesset but that is about as high as he ever rose. Eventually other party members surpassed him for labor party leadership and his influence waned. And to that I say. “Thank God”. Today, as I understand it, he no longer even lives in Israel.

Avraham Burg as it turns out is a complete fraud and an opportunist. He uses his name recognition to make headlines. He is about his own self aggrandizement. And he will say just about anything to gain attention for himself.

Not only is he no longer a Zionist if he ever truly was, he is instead an outright Israel basher. He bashes the State of Israel every chance he gets. What a disappointment he would have been to his father! Here is an example of his ‘brilliance’.

Instead of fighting Islam and Islamism, his new god is pluralism and it begins with embracing our Muslim ‘brothers’. Does he really think we ca all just ‘get along’? Does he really believe that if we only embrace them all of our troubles will be over?

Here is more of what he says.

‘The future of the world to a large extent depends on the West's ability to be fertilized and impregnated with the new Islam; to include Muslims, instead of rejecting them as they did us; and then together to give birth to a new world discourse.’

How lovely. Of course in an ideal world it would be great. Let bygones be bygones. Who wouldn’t cherish the ideals of getting along peacefully with our Muslim ‘brothers’ Let’s shake hands and be friends. Let’s forget all the suicide bombs. Let’s ignore all the wars Israel fought all the blood spilled. Let’s ignore 9/11.

That was in fact the dream of the earliest Zionist pioneers… to live in peace and harmony with their Muslim neighbors.

But if they have been consistent about anything, it is their rejection of ‘getting along’. There has in recent years been some lip service being paid to it, but Islam still hates Jews and western values us as much as they ever did. We are a theological impediment to them.

The real Islam is that of Hamas and Hezbolla. Islam’s unfettered ideology is espoused without any filters by the Ahmadinejad’s and the Nasrallahs. It is preached by the religious fanatics to young Muslims in Madroses all over the world.

Now I will grant that the majority of Muslim though believing in these doctrines would just as soon get on with their lives and make some sort of peace. But they do not control things. It is the zealots who are in control.

Avaraham Burg’s new world order is at best a naïve one and at worsts a cynical way to get media attention.
Does he really think we will win over Muslims by telling Muslims that we were victims once too? He doesn’t think they know about the holocaust… and that their educators deny it?

Has he not been paying attention to the Arab media. Is he not aware that one of the most popular books selling in Arab countries is the anti Semitic ‘Protocols of the Elders of Zion? Doesn’t he realize that most Arabs think 9/11 was a Mossad plot? Does he really believe that Western Christians can create a bridge on which Western Muslims and Christians can step as they go to meet each other? Has he never heard of Iraq? Or Iran?

It would be nice if the West could solve its problems with an embrace its Muslim citizens. It would be nice if we could cause them to ‘see themselves, their religion and their traditions in a new light - a light of openness, tolerance and religious pluralism.’ It would also be nice if Moshiach came.

He’s been around the block a few times. He knows what kind of world we live in. But what does he care about the truth as long as they spell his name right!

9/11 heroism and sarifice The Story of Abe Zelmanowitz

I have often wondered if I would be able to risk or sacrifice my life in order to save another Jew. And in light of the righteous gentiles who risked and in some cases gave up their lives to save a Jew would I have been able to do the same, had the tables been turned. Could I have risked my life to save a gentile life? Any life? Is there anyone among us who would? The answer is yes. His name was Abe Zelmanowitz. He was recognized as the hero and singled out by President Bush.

One can raise many religious issues about what this man did, but it all boils down to one thing. This Orthodox Jew was hero who bought himself a very bright spot in Olam Haba.

I'm not sure if I ever mentioned this story but if I did it certainly bears repeating. This poignant 3 minute video will make you tear. On this, the anniversary eve of 9/11 when radical Islam attacked the United States and brought down the World Trade Center, I present a story of sacrifice, of heroism, and of Kiddush HaShem. I present the story of Abe Zelmanowitz.

Knowing God

‘The minute you prove God exists, there’s no more Judaism.”

So says HaRav Aharon Bina in an interview by the YU Comentator.

For those who don’t know him, Rav Aharon Bina is the son of Yeshivat HaKotel founder Rav Aryeh Bina. Having left Yeshivat HaKotel he is currently on the faculty of Yeshivat Netiv Aryeh, whose senior Rosh HaYeshiva is Harav Avigdor Nebenzahl.

At first glance Rav Bina’s statement may seem a bit shocking. But in fact he is quite correct. He explains what he means:

What does emunah mean? If I see that there is a table in front of me, it is not emunah. I see the table. Emunah is something which you cannot prove. There’s no pictures. There’s no DVD.

These comments were preceded by a reference to Rav Solovetichik, the Rav, who said, that ‘…everyone is allowed to be unsure about God. We all have times when things about God are unclear to us.’

This is the time of year when Jews are thinking about Teshuva and God’s relationship to man. And this can sometimes give rise to recurring questions about Him. Does God in fact really exist? His existence cannot be proven. Maybe we should just chuck the whole thing? But of course, just as God cannot be proven, so too He cannot be disproven. And that is perhaps the key element of Emunah.

Asking questions, however is part of human nature. The rational mind naturally seeks answers to questions that arise. When confronted with contradictions, it can easily create doubt. That is part of human nature too. It is almost impossible to totally ignore these kinds of questions once they come up and one begins to think about them.

Although many questions can be answered to the satisfaction of the rational mind, many cannot. Thus the creation of doubt. One might say that seeking truth is therefore to be discouraged as doubt can lead someone astray and away from belief in God. That is obviously true as is the case of many once religious Jews who are now skeptics and atheists. So if seeking truth is so dangerous that it can lead to atheism how can one be permited to even ask these kinds of questions? The answer is obvious. The questions are there. And very few of us can simply ignore them.

Institutionally it is criminal for Yeshivos do so. Questions should never be ignored in the quest for truth. If one has such questions and seeks answers one should be provided an environment to do so. Questions, as indicated by Rav Bina’s statement, are by nature the very essence of Emunah. Belief in God, as Rav Bina asserts requires a certain degree of uncertainty. Because once you are certain, belief is no longer required.

Very few of us are capable of Emunah Peshuta, simple faith. If I recall correctly, the Baalei Machshava, Jewish theologians (…perhaps it is even a Gemarah, I don’t recall) have the consensus that simple faith is purer and therefore the more preferable form of belief. Unquestioning faith fosters a climate of D’veikus… a clinging to God. This helps generate a more enthusiastic approach to God. The faith is pure and unfettered when there are no questions asked. Questions that come up are simply put out of mind. No time is spent dwelling on what are in many cases unanswerable questions. But thoughtful people who are raised to think critically are rarely capable of doing that.

There is a very thoughtful article in The Commentator by a student who articulates these issues clearly and recommends a structure within Yeshiva University to deal with them. I agree and think that every Yeshiva should have one.

It is important that anyone who thinks about these issues be given the right atmosphere to deal with them. Belief in God not a subject that should be taken for granted. I think that Rav Bina is right when he says, ‘I like to believe that every Jew is born with something inside them, but it has to be developed.’ And there is no better place than a Yeshiva environment to do so successfully.

Warning:
This post is not meant as an opening to for a debate about God’s existence. It is meant only to recognize that questions of faith and doubt exist in the minds of many Yeshiva students of all stripes and that these thoughts should not be ignored. There will be no debating God’s existence or the authenticity of Judaism on this blog. Any such attempts will be deleted.

A Woman Scorned in Lakeview

The following is a version of an incident that actually happened as reported in the media. And it is an outrage:

A native of the modern Orthodox upscale enclave of Lakeview on the near north side of Chicago, Chedva Gross, is not unfamiliar with the mores of her community. But she never expected to be persecuted for choosing to dress slightly differently.

Unlike most Lakeview women, who wear very fashionable clothing, Gross, 25, wears the traditional dress of the Chasidic women of Satmar consisting of very modest loose fitting and long dresses, long sleeves, opaque stockings with a visible seam, and wigs covered by a pill box hat.

And that, in the eyes of a clandestine group of Lakeview inquisitors, constitutes communally unacceptable behavior. Gross and her husband, Yoel, awoke Tuesday morning to find the tires of their silver Chevy Impala slashed and white oil-based paint splashed on their new, black Mazda Van. Written in white paint were Hebrew words that Gross interpreted in English as "get out" and "greasy Chasid."

Chicago police Sgt. Warner Hein said his departmnt is treating the incident as criminal mischief and are interviewing residents for potential leads. Police are also investigating another incident that occurred about a month ago, in which fliers slandering Gross were thrown on Lakeview streets.

Just before this week's vandalism, Gross and her husband received several letters — one was hand-delivered by a modern Orthodox man. The man told them that he and 24 other men have decided that the couple should leave Lakeview immediately. "He had a lot of guts coming up here in person," Yoel said.

Lakeview is a village populated by about 5000 observant modern Orthodox Jews. Its residents hold fast to modernity and are considered by many other Orthodox Jews as too modern.

The Grosses said they do not believe that their persecutors are representative of Lakeview, but are rather a fringe group of radicals who have taken it upon themselves to make an example of them. The couple at first suspected the attacks to be the work of the so called “Committee for Good Taste in Clothing’ …the fashion police in Chicago.

But when Chedva's family confronted members of the group, they denied responsibility for the acts, she said. Still, The committee has been suspected of acting through other agents of the community to achieve its ends, she said. Speaking with a reporter yesterday, Chedva wore a the traditional modest clothing that is typical of the Satmar community. Yoel, who works in construction, stood by her, as their 1-year-old daughter, Zlaty, played.

The couple at first thought about ignoring the threats, but changed their minds after their cars were vandalized. "I want these people arrested," Chedva said. "I want them to pay for my damaged property and to pay for what they are putting my family through."

Shlomo Heligman, an expert in Modern Orthodox culture at Yeshivas Toras Yoel of Rogers Park, said Chedva Gross's plight is not unusual given Lakeview's anti Frum attitude. "The whole image she is projecting with her clothing is that of someone who despises the modern world.

How can anyone treat a fellow human being this way? Especially a Jew… a Frum one no less! Is there no shame? What are these Jews thinking? Is this how they express their Judaism? Through intolerance?! … by destroying property!?

Is this Yiddshkeit, Lakeview style? Is mode of dress so important to these people? Must homogeneity of dress trump Mentchlichkeit? What kind of value system is it, that values clothing styles above human decency? What kind of priority is clothing style? They persecute decent human beings for fashion violation. Is this what modern Orthodoxy teaches? Absurd!

Apparently the Modern Orthodox Jews of Lakeview have no clue about how to treat a fellow human being who is just a bit different than they are. They are so absorbed in their own culture that they do not recognize the folly of their own ways.

The fact that the actual violence was done by a fringe group does not absolve the community at large. The disgusting and destructive vandalism perpetrated by this group is a logical extension of the kind of intolerance that this community has for anyone who do not conform to their shallow Modern Orthodox value system. One that is clearly at odds with the values of the Torah.

I have a message for Lakeview. It’s just a few days before Rosh Hashanah. I’m sure that even Lakeview residents heard of that holy day. Stop your sinful ways and learn to love your fellow Jew.

Disclaimer: Some of the details in this version of the story may be a bit off. For the actual story, see here.

No Child Left Behind

Yesterday I attended HTC’s annual ‘Shabbos of Chizuk’ Luncheon for Alimuni. Rabbi Yaakov Sussman, a Rosh Yeshiva (senior Magid Shiur at HTC) spoke. He related the following story.

He was a sixth grade Rebbe for a class at Arie Crown Hebrew Day School. It was his first year as a Rebbe ...just of out of Kollel. There was a boy in his class who was... simply put… incorrigible. He did not what to be a part of anything that was going on in the school rebelling at everything in sight. It turned out the boy was a Ger Katan, a child of non Jews adopted at birth by a Frum couple.

At Bar Mitzvah a Ger Katan is given the option of not choosing Judaism. They may in fact opt out. In most cases this is just a formality. The child is asked at Bar Mitzvah if he wants to remain Jewish, he says yes, and that’s that. (I’m not sure if they have to undergo another Tevila, but that isn’t the issue here.)

After a few months with this disruptive student, Rabbi Sussman thought that perhaps it might actually be in his best interests if he were told to opt out. Why, he reasoned, should this boy be put in a circumstance where he would be subject to severe heavenly punishment for actions that would not apply to him if he was not a Jew?

He thought about it for a while; thought about the repercussions for the parents; and decided he would speak to the principal, Rabbi Meir Shapiro. He hesitatingly approached the office full of trepidation but entirely convinced of the rectitude of his decision.

Rabbi Shapiro welcomed him into his office and warmly asked him how things were going? Rabbi Sussman immediately updated the situation with this student and made his suggestion. The normally kind and gentle Rabbi Shapiro nearly exploded and read him the ‘riot act’. ‘What?!’ he said. You’re giving up on this boy?! Some of the biggest Talmidei Chachamim and Gedolim were thrown out of school. Some were thrown out, returned… and then thrown out again. One does not give up on any child. Needless to say the child was never given the advice to opt out.

I don’t know what happened to this child, I hope he straightened out eventually. But a very important lesson was learned that day by Rabbi Sussman. It is a lesson for all of us. One should never give up on any child, no matter how bad that child behaves… no matter how much he refuses to learn or to cooperate. Every child has a key to his heart. It is up to those people who are in the front lines of Chinuch to find that key. That is a principle Rabbi Shapiro lives by to this day. However, to be fair, it must be noted that a disruptive child will be counter-productive to the welfare of the other students, a dilemma that every Mechanech faces.

One cannot truly fault schools if they cannot continue to have such children in the school. Sadly, parents of such children are asked to take their children out of the school. But that does not absolve the Jewish community of their responsibility of Arvus. Such children cannot be abandoned. But by default, that has unfortunately been the case for all too long.

Three years ago, Rabbi Shapiro retired from Arie Crown at age 70. He thought he was going to live a quiet life… free of the enormous responsibility of being a principal of a day school of over 700 students for 40 years. But it was not meant to be.

Rabbi Shapiro was asked to lead a new day school, Gesher HaTorah. This is a school that is specifically geared to students that do not ‘fit in’ …students that have special needs whether they are emotional or physical… students that become at times social pariahs to their peers …students who would very often become disruptive and rebellious at every turn. These are the potential ‘dropouts’ …the ‘kids at risk’.

The school has been an immediate success after just one year. Many parents from all walks of religious Jewish life who could not keep their children in any of the mainstream day schools, and who had exhausted every option for their child… some of whom had already been enrolled in public school… were now given special attention in small classes by specially trained Mechanchim and professionals in the mental health field. They are learning. They are happy. They are no longer social pariahs.

What a brilliant choice! Rabbi Shapiro at age 73 has once again triumphed. May he go from strength to strength.

Truth Must Be Told

It important to note that this key paragraph from Rabbi Teitelbaum’s original article was omitted in the modified version now up on the Yeshiva World Blog:

Things haven’t changed much since ancient times. Today, too, we have self proclaimed agitators and charlatans who have nothing to do with their time but to go around to our leading Torah sages and try to convince them that separate-seating concerts are a threat to our Yiddishkeit and to ban them. They falsely claim that there is pritzus in the hallways plus other fabrications. Exaggeration is a blood relative to falsehood, and almost as bad. A gossip is one who can give you all the details without knowing all the facts. Unfortunately, they often succeed in their mission. All it took was one Korach to convince the 250 heads of Sanhedrin of the holiness and purity of his mission.

Why was it omitted? Did he receive yet another nasty letter in the mail from a prominent Rosh Yeshiva?

If what he originally wrote is true then it is vital for us to know that. If ‘self proclaimed agitators and charlatans’ are influencing the decisions of great rabbinc figures, how can we ever listen to anything they ever say again? How can we even listen to what they said? Their words are based on the ‘fabrications’ and ‘exaggerations’ of ‘agitators and charlatans’!

As of now, the words spoken by these leaders are treated as infallible DaasTorah by the vast majority of the Charedi world! But should they be in light of the above? Rabbi Teitelbaum did not nake anything up. These are his beliefs. And now he is being denied their expression.

As I stated in the past, I have concluded… based on the very same observations that led Rabbi Tietelbaum to write the above paragraph… that there are no Gedloim today in the sense of ‘leaders of our generation’.

And ince again to be abundantly clear I want to reiterate that I do not God forbid belittle people like Rav Elyashiv. He is holy man who possesses more Torah knowledge than the vast majority of Jews anywhere on earth and whose only concern is the spiritual and material well being of Klal Yisroel. But because of the ‘charlatans who have nothing to do with their time’ and upon whom Rav Elyashiv and others great Rabbanim rely, they have lost their status as leaders of our generation. How can anyone lead based on lies?

Rabbi Teitelbaum’s inference is clear. And it took a great deal of courage to express it.

Obviously there are some who feel that this information should not be shared with Klal Yisroel. And they have prevailed upon Rabbi Teitlebaum to remove it from his essay. Apparently they feel that Kavod HaTorah has now been restored.

The mentality which says, ‘How dare anyone even remotely imply that the edicts of ‘Gedolim’ are wrong’ …would say, ‘Yes! Of course it has been restored’ The removal of such offensive remarks was imperative.’ ‘Our Gedolim must never be undermined. ‘We must listen tot the Gedolim, mo matter what.’ ‘Once you undermine them, you undermine Torah itself!’

The Charedi world view is that our Daas is Batul to theirs no matter how much we don’t understand it. Because of their great Torah knowledge, we must deny our own ...ours being so much inferior to theirs. They are the true possessors of Torah wisdom. We are not.

But this ignores the fact that they are so often misinformed and that their edicts are based on that misinformation. In my view, removing this paragraph has the opposite effect. Kavod HaTorah has not been restored but undermined.

If rabbinic leaders are misinformed they cannot be considered leaders. Their Daas Torah is not applied to reality and any resulting Psak is incorrect. Even the most diehard adherent of this version of Daas Torah must admit to that.

The bottom line is that whoever prevailed upon Rabbi Teitelbaum to remove the offending paragraph has in effect aided and abetted the ‘agitators and charlatans’. And that will perpetuate the kind of harmful ‘bans’ Rabbi Teitelbaum was talking about.

What will result from all of this? Well to put it the way Rabbi Teitelbaum did in the name of his father:

“Restrict everything and everything becomes permitted.”

Update:

Since this post was written, the modified version of Rabbi Teitelbaum's article has been removed from the YW blog. How has Klal Yisroel been served by this?

I don’t know if we will see yet another modified version. But it would not surprise me if the final ‘approved’ version has no resemblance at all to the original.

Modified: 9/7/07 6:08 PM CDT

A Charedi Hero

“I still remember when the Pirchei Agudas Yisrael put on a play and concert more than forty years ago in Montauk Junior High School. ( The play was based on the book Family Aguilar. ) There were some who tried to convince the rabbonim to put a ban on it. Since I was the president of Pirchei at the time, Rabbi Moshe Sherer z.l, asked me to go down to the venerable gaon hador, Rabbi Moshe Fienstien z.t.l., to get his halachic opinion. Not only did he not ban it, but he gave it his blessings. He understood only too well the importance of giving the boys a kosher alternative; otherwise they would soon find their pleasures elsewhere. One must be very careful before imposing restrictions”

“When some tried to ban the Miami Boys Choir Concert in N.Y. and tried to get Rabbi Pam z.t.l.s’ signature as well as that of the Mirer Rosh Yeshiva to ban it, they both refused to sign.”

“When sports and concerts are forbidden, and all forms of kosher entertainment are off limits, we are asking for trouble. If our kids can’t find a place to vent their energy within a kosher environment, then they will find it elsewhere. In a time of war even the Torah itself permitted one to marry a captive non-Jewish girl under certain conditions. Chazal explain the logic behind this law. The Torah understood that a person is only human and therefore in this instance, while fighting a war, it gave him some leeway”

“But in every generation we have the likes of Doeg and Achitofel who misled great people such as Shaul and Avshalom with falsehoods and lies that caused them to try to kill Dovid. Doeg even succeeded in getting Shaul to kill all the Kohanim in the city of Nov. This shows how falsehoods can be spread, how easily they are believed, and the terrible damage that can result. Even the greatest of the great are vulnerable to such camouflaged slander and can be misled by advisors they trust. Just turn to Shmuel II chapter 16 and read the story of how Dovid who knew better than anyone else of the great dangers of an evil tongue was himself taken in by Tziva who fabricated a false story about Mefiboshes. If even the greatest of the great can be misled, then we’d all better be very careful and constantly on our guard least we too fall into the same trap.”

“Things haven’t changed much since ancient times. Today, too, we have self proclaimed agitators and charlatans who have nothing to do with their time but to go around to our leading Torah sages and try to convince them that separate-seating concerts are a threat to our Yiddishkeit and to ban them. They falsely claim that there is pritzus in the hallways plus other fabrications. Exaggeration is a blood relative to falsehood, and almost as bad. A gossip is one who can give you all the details without knowing all the facts. Unfortunately, they often succeed in their mission. All it took was one Korach to convince the 250 heads of Sanhedrin of the holiness and purity of his mission.”

The preceding comments were not made by me. Not this time. They were made by a Chashuva Rav by the name of Eli Teitelbaum on the Charedi blog, Yeshiva World.

When I make similar comments, I almost immediately hear, “How dare anyone say such things as this?” “Is this not Bizuy Talmidei Chachamim?” “Do you really think that the Gedolei Yisroel are so gullible?” “Does a blogger sitting in Chicago presume to know more about Torah than these giants?” “Daas Torah Hephech Daas Baalei Batim!” “What a Chutzpah!” “What a Chilul Hashem!” “You should be begging Mechila from these Torah giants!”...And my personal favorite, “I don’t envy your Olam HaBah!”

All my protestations explaining that this does not denigrate anyone but just recognizes reality… are scoffed at. When I point out that Chashuva Charedi Rabbanim have privately agreed with me, I am accused of lying if I don’t reveal their names... ignoring the very real Issur of Lashon Hara involved… all while constantly accusing me of it.

I never reveal the names of these Rabbanim because of the reality of severely negative repercussions that such publicly expressed views could have for them. It could so negatively impact upon their careers, that it could destroy them entirely ...and in the process destroy the peace and well being of their families.

I of course could not agree more with Rav Teitelbaum. In fact I agree with the vast majority of what he says in the article, including his comment about the destructive forces that dominate the various media so pervasive in western culture. Of course I do not see everything in his article the way he does. But as it pertains to this issue we are in complete agreement. People who read this blog regularly already know that.

Is it possible Rav Teitelbaum reads my blog? (…asked with tongue firmly implanted in cheek.) Who knows? But I doubt it. But he certainly reads my mind. To me Rabbi Eli Teitelbaum is a hero. Her has the courage of his convictions and tells it like it is. I envy his Olam Habah.

I would ask my critics be consistent in their criticisms. Should Rabbi Eli Teitelbaum be begging Mechlila from these Torah giants? Is this not Bizuy Talmidei Chachamim? Does he really think that the Gedolei Yisroel are so gullible? How dare anyone say such things! Does he know better than the Gedolim? What Chutzpah! What a Chilul HaShem! Daas Torah Hephech Daas Baalei Battim. I don’t envy his Olam HaBah!

Any takers?

If at First You Don’t Succeed…

I don’t know Amnon Rubenstein. I have no clue what his politics are or whether he is secular or religious. But I agree with him entirely on this issue. Israel must educate its youth to be productive citizens. And I agree with the renewed attempt to introduce a core curriculum in Israeli high schools as a requirement for government funding.

This has always been vehemently and successfully opposed by the Charedi leadership through their political representatives in the Kenesset. No doubt they will do so again this time. And as Mr. Rubenstein points out politics in Israel always trumps everything else …even when the country’s best interests are at stake. Politics have caused good programs to either be ignored or subverted. So the outcome for this new attempt at a minimal secular education for Charedi high school students is likely to fail yet again.

I have long advocated for the type of Charedi educational system we have here in the west. If it is Halachic here, it is Halachic there. There are not two Torahs, one for Israel and one for the west. But that is in essence what many Charedi defenders say when comparing the two systems. ‘Our needs are different than theirs’ they might say or something similar .

Why is it more important for Americans to have better secular educations than it is for Israelis? I do not recall seeing or hearing about any Teshuva saying anything like that.

There is no Halachic reason to bar secular studies from every single Charedi high school student.

I can understand although I may not agree with the desire to have some students stay in Torah only tracks. Those with the potential to be Torah giants might be given exemptions. But for the majority of students there is absolutely no excuse for not preparing them for the future instead of leaving their fortunes to chance. The system as it exists now perpetuates an intolerable situation that continues to grow every time a Charedi child is born.

Yet the Charedi leadership continues to insist on rejecting even the most modest of proposals. Are they so certain that they will be able to politically extort government funding forever? And even if they can ...as they increasingly gain greater control of the government though their increased numbers… will there be the funds available to meet their ever increasing needs as the tax base continues to erode? … in part because of this very policy?

Some of their opposition is based on the model of the Yeshiva of Volozhin during 19th century Czarist Russia. The Czar mandated a core curriculum that seemed relatively innocuous. Volozhin closed rather than submit to the demands of a Czar. So too must we do now, they might say. Better to close down shop rather than submit to a forced core curriculum of an anti religious Israeli government.

But the differences are so obvious that one would have to be completely blind to not see them. The Czar had a stated goal of destroying Torah observance. The education ministry has no such goal. The curriculum suggested is far smaller than the one accepted by the religious Dati Schools. And far smaller than any American Charedi school. Furthermore the ministry has expressed a willingness to work with the Charedi leadership to devise a core curriculum that would be acceptable to them.

But... nothing doing!

Yes, there are anti religious people in government. But they are the proverbial ‘red herring’. The education ministry proposals are not governed by them. There is a major difference between the anti Semitic Czarist government in Russia that was helped along by anti religious Jewish advisors… and what Israel is doing. In Israel it is clearly about the economic well being of its citizens and the desire to keep them off the welfare rolls. It is about providing them the ability to get decent jobs.

There are so many ways to achieve a fair an equitable program. If only the Charedi leaders would agree to any compromise. No one is trying to shove anything down anyone’s throat that is even remotely anti Torah. Yet, the Charedi leadership continues to refuse and reject everything as though the Czar were still alive.

If things don’t change soon there will come a time where the bottom will fall out. Welfare will not be the answer. The Charedi political parties can demand funding in exchange for votes for just so long. Eventually the demand for funds will exceed the supply. And that could force a change.

A change that happens in that way will be catastrophic. There will be so much dysfunction accumulated in families as a result of the poverty that it will inevitably push huge numbers of children out of Charedi Judaism forever or even out of Torah observance, God forbid. It’s already happening to a significant extent, but it can easily explode to unprecedented proportions. And it will be impossible to stem the tide.

A little foresight now can go a long way. I agree with Mr. Rubenstein’s concluding comments:

Mandating the core curriculum for boys in ultra-Orthodox schools, broadening the curriculum for girls, and providing graduates who want to continue their studies with state-funded courses to prepare for matriculation exams addresses the severe problem created by the inadequate education in the haredi sector.
From that, we must not back down.

Selling Israeli Land to Arabs: The Heter Michira

Rav Aaron’s son, R. Chaim Soloveichik has paskined for one of his Daati constituents in Ramat Bet Shemesh that he could rely on the Heter Mechira. This is a Heter (a 'permit' in Halacha) that allows one to buy produce of Israel during a Shmitta year through the mechanism of selling the land upon which it will be grown to a non Jew, usually an Arab.

Shmitta is the once in every seven year cycle where the Torah mandates fields in Israel to lay fallow. This coming year is a Shmittah year. How could R.Chaim do this in light of the recent Kol Korah issued by the ‘Gedolim”? It is because he has the courage of his convictions. Something his father taught him to follow.

Let us examine briefly the pertinent Halachos*.

There are many places in Shas, (both Bavli and Yerushalmi) where Tanaaim argue about whether a Non-Jew can make a Kinyan in Israel in order to remove one's obligations of Maaser. Both the Talmud Yerushalmi and the Talmud Bavli discuss it.The Talmud Bavli (Gitin 47A) states that those that say a non Jew may not buy land, base it on the Pasuk of "Ki Li Kol HaAretz". All the land is God’s and therefore due to its intrinsic holiness a non Jew buying the land does not remove its intrinsic holiness.

Those who say a non Jew may buy land, interpret the words "Reshis D'Gancha" …”The first of your grain” to mean that only the grain owned by a Jew is governed by these laws not the land. So if a non Jew grows grain, it has no intrinsic holiness.

The Rambam (Terumos 81:10) and the Raavad (there Halacha 13), the Shulchan Aruch (Yorah Deah Ch 331:3)and others Paskin that a non Jew does not have the ability to purchase land in Israel. The words of the Rambam: "A Goy that buys land in Israel does not remove from it's Mitzvah obligations; it retains it's holiness.”

Therefore, if a Jew buys grain from Israeli land ‘sold’ to a non Jew it is subject to all the laws pertaining to land (One has to separate Terumah and Maaser… and bring Bikurim, etc.) It is as if he never sold it to him. On the other hand, the Kesef Mishna (a commentary on the Rambam) interprets the Rambam as holding this postion only if after he bought the produce back from the non Jew. But, if he still owns it, it indeed, not obligated in laws pertaining to the land in Israel in all matters of Kedusha.

The Kesef Mishneh Paskins that fruit of a non Jew is NOT subject to the strictures of Shmitah. Indeed, the Rambam Paskins (Hilchos Shmittah VeYovel Ch 84 Halacha 29) that a non Jew that buys land in Israel and plants during Shmittah, that those fruits are permitted. Their fruits are not subject to Shmittah laws as they serve "Sin" and are therefore, not commanded on the laws of Shmittah.

The Bais Yosef (Rabbi Joseph Karo, author of the Shulchan Aruch) gave another reason to be Matir the produce of a non Jew during Shmittah. From the Pasuk “VeHaysah Shavas HaAretz Lachem”: “And it should be a ‘rest’ for your land., “Lachem VeLo Nachrim.” This applies only to land that is yours and not land that is purchased by a non Jew. From this it can be seen that only land of a Jew is subject to the laws of Shmittah.

Today, Shmitah is D’Rabbanan according to many Poskim and according to all of them, a non Jew may purchase land in Israel in order to remove from it the laws of Shmitah. The only violation is possibly that of Lo Sechanem. But once it is sold, it’s theirs and is absolved of the laws of Shmitta.

So what's the problem with Heter Mechirah?According to the "Mabit" and Mahrit" the Rambam is to be interpreted differently. They say that the Rambam only meant that before Biur, Goyim do not have GzeirasSphicham on them. But Kedushas Shvi'is (Shmittah) they do have.

The Ridvaz in his Teshuvos elaborates on this point but Paskins like the Bais Yosef and concludes with the following: "It is certain ( Barur KaShemesh) that it is permissible to buy and eat grain and fruit purchased from non Jews in Israel without it having Kedushas Shvi'is. This is the basis of the Heter Mechirah.

Now it’s true that the Heter by Rav Kook was given B’Shas Ha Dechak under conditions of extreme dificulty. But the Heter is there... and the basis for it is solid. And that’s why the stridency of calls to reject it by some of the Rabbinic leadership is so troubling.

I agree that it should not be relied upon L’Chatchila. But to say that one who relies upon it desecrates the "holy and precious" mitzvah of shmita, is an unfair characterization of Halacha, in my view. By putting it in those terms it will have the effect of increasingly driving a wedge between great numbers of Jews. Many peope rely on it. Why paint them in those terms? It is a devise statement, not a uniting one. The more I hear statements like this, the more convinced I am that the purpose is in fact to divide Jews!

Why must everything coming out of those quarters be put in such stark black and white terms? Why must this community be so intent on separating themselves from the rest of Frum Klal Yisroel?

An article in the Yated describing the ‘post concert ban’ 'sellout' attendance at the Avarham Fried concert also highlights this attitude of seperatism. They claimed the ban to be a complete success. Why? Because the only ones who attended were Daatim… as if to say, “You are not part of Klal Yisroel anyway.

There may not be any love lost between Charedim and Daatim which is sad enough. But why perpetuate and increase the divide?!

*Based mostly upon Torah L’Daas by Rabbi Matis Blum

The Racists Among Us

Are Israeli Jews racist? The answer is that in far too many cases, yes. They are. And it doesn’t seem to matter whether they are religious. Chances are they will have bias against certain ethnicities and/or the skin color. The prejudice that exists is not innocuous. It has a serious negative impact on the economic, social, and educational welfare of entire groups of people.

What about prejudice against Charedim by secular Jews. Are Charedim the most despised? The answer is... not really. Charedim did fairly well in an experiment conducted by Yedioth Ahronoth:

An Ethiopian, Arab, Russian, strictly Orthodox, Ashkenazi and Sephardi man of the same age group and same educational background were sent by Yedioth Ahronoth to look for a job, find an apartment and enroll a child in kindergarten.

And the results were dismal. The secular Ashkenazi Jew did best of all, as might be expected. Second best was the Sephardi. Third was the Charedi followed by the Russian, Ethiopian, and Arab in that order. As the article then informs us, the Arab had a 70% rejection rate which is understandable under current conditions in Israel. But “…more than half of the calls made by the Ethiopian representative, Senbato Tamanu, resulted in a refusal and dozens contained derogatory remarks.”

It is so sad that a Ethipoan Jews, who were so despised as Jews in the land where they and their ancestors were born, raised and lived for many generations, now come to Israel and are treated no better, by fellow Jews whose own ancestors in Europe were just as hated by their own fellow citizens there, if not worse. That their status as Jews is a matter of Halachic debate, doesn’t detract from this problem. No one was biased because of their Halachic status. They were biased against skin color.

Prejudiece in Israel seems to be in full bloom. The venues for this experiment were varied and included Tel Aviv, Jerusalem, Haifa, Bat Yam, and Holon. Only Holon proved to be prejudice free.

So what about Charedim. How do they do in the prejudice department? Not very well.

In an unbelievable display of prejudice, a child whose grandparent was Sepahrdi was turned down by a Charedi Talmud Torah in Bet Shemesh.

That’s right. I said grandparent.

The child’s father is completely Ashkenazi. Only the mother’s father is Sephardi. That was enough of a reason it seems to reject this child. He apparently was not pure enough for this Charedi school. He had a stain in his genealogy. This is oddly reminiscent of another era where people were sent to their deaths because of such a ‘stain’. Having one Jewish grandparent was a death sentence. This school has the same standard for admittance. They apparently require the same level of purity in their school.

The mother’s heartfelt plea was to no avail:

“I begged the principal. I explained that my child is truly Ashkenazi and looks exactly like his father. Our son also speaks Yiddish, but nothing helped,” the mother said. “They explained to a friend of ours that they didn’t want to ruin their Talmud Torah with ‘damaged goods’.”

Damaged goods. Is that what my grandchildren are? Damaged goods?! They too are 25 percent Sephardi. I’m glad my grandchildren didn’t apply to that school.

Of course the principal completely denied this when Keneset member Meir Porush investigated it. He was petitioned by several other parents who experienced the same rejection. The principal claimed that the child was rejected only because the enrollment was at capacity and they simply had no more room. Right! Of course that’s what happened. All the Ashkenazim applied first. The Sepahardim were all late. (…wink wink!)

Now I’m sure that not every Charedi school has this kind of discriminatory policy. But that any do shows that it exists at a significant level. How pervasive is it? I don’t know, But to which ever level it does exist, it ought to be completely eradicated. There is simply no excuse that God’s chosen people have any degree of prejudice against fellow Jews or anyone else for that matter. No mother should ever have to go through what this mother did.

Is Shlagging Kapparos Humane?

I have never understood the roots of the Minhag to Shlag Kapporos. For those who don’t know what that is, Shlagging Kapparos is an annual custom performed by many Jews on Erev Yom Kippur (Yom Kippur eve). One takes a live chicken and waves it over one’s head three times while saying a Hebrew phrase to the effect that this chicken should be slaughtered in lieu of oneself who may be deserving of like punishment for sins committed throughout the year. Some actually throw the chicken on the floor. The chicken is then slaughtered and eaten or in many cases it is given to the poor for them to eat.

I suppose the root of this custom is based on the idea of Karbanos… animal sacrifices permitted only during the Temple era… as Kapparos for our sins. It is similar to the concept of Korban Chatas. This is an animal sacrificed in the Beis HaMikdash for unintentional violations of sin that… if done intentionally would require the death penalty in some form. The animal sacrificed was in lieu of the death penalty one might have incurred.

Neither the Rambam nor the Shulchan Aruch approved of this ritual saying it is akin to practices of idolatry. But this custom is still practiced today based on Rabbi Isserles whose glosses to the Shulchan Aruch are authoritative for Jews of European descent, known as Ashkenazim. Shlagging Kapparos is therefore done by many people, especially Chasidim. But many non Chasidim have shied away from using live chickens substituting money which is then given to charity.

But now the custom of using chickens has returned with a vengeance and many non Chasidim …in the never ending move to the right… are using chickens instead of money. They seem to think it’s the frummer thing to do. But is it? Not if one looks at the result.

A huge problem has been created: that of the inhumane treatment of animals. Because of the huge numbers of people who now have this custom there are vast numbers of chickens that require slaughtering all at the approximate same time. This makes humane treatment almost impossible. Inhumane treatment is almost guaranteed when there are such large numbers. An article in the Forward describes the extent of the problem. Here is an excerpt describing some of the deplorable results of the current trend:

In 2006, the American Society for the Prevention of Cruelty to Animals discovered 700 chickens that had been left in a garage in Brooklyn and, in another instance, PETA filed a complaint with the ASPCA in upstate New York when it found a batch of similarly abandoned birds.

PETA’s letter this year was accompanied by a lengthy video from ceremonies in 2005 and 2006. Included are scenes of live chickens being stuffed into garbage bags and teenagers ripping the heads off of chickens, which would clearly render the chickens un-kosher.

“The risk of communicable avian diseases and bacterial contamination is alarming, and the inhumane treatment and mishandling of animals at every stage of the process must be prevented,” the letter said.

One might be tempted to say, “Who are we to worry about the humane treatment of animals?” “This is a Minhag Yisroel and should not be tampered with.” “We should be as careful as possible but nonetheless, Shlagging Kapparos should be continued as is.”

But this view would counter the Mishnah Berura’s approach. The Chafetz Chaim, who is the author of the Mishnah Berura saw the inherent problem and said if the demand exceeds the ability to do proper Shechitah, one should not do Kapparos on Erev Yom Kippur. He should instead do it earlier… at any time during the Aseres Yemei Teshuva (the 10 days between Rosh Hashanah and Yom Kippur designated to promote penance).

But at current numbers, even staggering the slaughter across 10 days will not significantly reduce the problem. Considering the seriousness of the violations that could occur, it behooves everyone who is considering doing it this year to re-think Shlagging Kapparos with live chickens and substitute money instead.

Why Rabbi Karo’s approach was not more accepted doesn’t really make sense to me anyway. It does smack of idolatry. And anything that smacks of Idolatry ought to be forbidden entirely.