Questions from a College Student

Some time ago, I received the following series of questions from a (non-Jewish) college student from a course she was taking. These were questions that she had to answer about several different religions, and she had been referred to me as a resource on Judaism. I have edited the questions slightly, to focus specifically on Judaism (as the original questions were written with reference to multiple religions).

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How would Judaism react to the following issues:

• Animal testing 

Judaism recognizes a general prohibition against causing unnecessary suffering to animals. (This prohibition is derived from several Biblical sources, including Exodus 23:5.) Thus, for example, virtually all Jewish authorities prohibit hunting for sport. Even when the use of animals is permitted, which is the general rule for human benefit (e.g. food, clothing, labor), there is still an obligation  to refrain from causing excessive suffering. With regard to animal testing and experimentation, the general approach taken by most authorities is that, assuming steps are taken to avoid unnecessary suffering, animal testing and experimentation is permitted as long as it provides a real and non-trivial benefit to human beings. However, while simple in principle, practical application of this rule can be complex, and can only be determined on a case-by-case basis.

• Famine

(I’m not clear on what the “issue” of famine is in the first place. I am going to assume that the question is what the Jewish position is on helping people that are suffering from famine (although that would seem to be rather obvious).)

Judaism has always stressed charity as a moral obligation and providing aid to those who are suffering from starvation and famine is obviously an integral part of that obligation. In practical terms, when one personally encounters such suffering there is a clear obligation to provide aid to the best of one’s ability. There is also a broad moral obligation to make efforts to provide aid to suffering people wherever they may be, but what this means in practical terms must be dealt with on a case by case basis.

• Women’s reproductive rights

In general, the terminology of “rights”, rather than obligation, is foreign to traditional Jewish thought. Like every aspect of life, reproduction is encompassed by a number of laws and obligations in Judaism. There is a basic commandment to “be fruitful and multiply” (Genesis 1:28), which is understood to bear within it a prohibition against engaging in any kind of birth control (unless medically necessary). Abortion is forbidden as a crime akin to murder, and is only permitted when necessary to save the life of the mother. Again, outside of clear medical emergencies, the exact application of these rules can be complex and can only be determined on a case-by-case basis.

• Environmental concerns

There are many traditional Jewish teachings that indicate that, although God has given the earth to mankind to use for his benefit, we are expected to do so in a responsible manner. Wanton wastefulness is explicitly forbidden by Jewish law. (Maimonides, Mishneh Torah, Hil. Melachim 6:8-10) There are also sources that indicate an obligation to maintain the public domain in an aesthetically pleasing manner, and to avoid damaging the environment in a way that harms other people.

• Homosexuality

Judaism absolutely prohibits engaging in any form of homosexual relations. Male homosexual relations is explicitly forbidden by the Torah (Leviticus 18:22, 20:13) as a crime bearing the death penalty. The prohibition against female homosexual relations is derived from Leviticus 18:3, and while completely  forbidden, is of a less severe nature. It should be noted that all of this refers only to actual relations. Sexual orientation per se is of no significance in Jewish law.

What does Judaism teach about what happens in death? Reincarnation and the soul?

Judaism absolutely recognizes the existence of the “soul”, which can be best understood as the non-physical locus of the human personality. One of the basic foundations of Judaism is the concept of reward and punishment, i.e. that God rewards us for our good deeds and punishes us for our (unrepented) bad deeds. Included in this principle is the concept that the primary domain of reward and punishment is the afterlife.

The concept of reincarnation does exist in Judaism, however the concept is markedly different from popular conceptions of the idea.

How does Judaism view God? Does an all-powerful God allow people to suffer?

Judaism defines God as the omnipotent and omniscient Source of Existence. All existence is dependent upon Him, but He is not dependent on anything. He is the only true Power in the universe, and nothing can happen against His will. This includes that which we perceive as evil.  As the prophet Isaiah said, “I am the LORD, and there is none else, beside Me there is no God... That they may know from the rising of the sun, and from the west, that there is none beside Me; I am the LORD; and there is none else; I form the light, and create darkness; I make peace, and create evil; I am the LORD, that doeth all these things.” (Isaiah 45:5-7)

How can a person reach salvation in Judaism?

The general theme of “Salvation” is a Christian concept that does not carry over well to Judaism. Of course, when we are threatened with destruction, either as individuals or as a group, we pray to God for salvation from destruction. Similarly, when we have sinned we are required to repent and pray to God to forgive us and save us from our iniquity. However, the general idea that a human being is, by nature, “unsaved” is foreign to Judaism.

What is the meaning or purpose of life in Judaism?

Judaism sees the purpose and goal of human life as striving to achieve an ever-growing connection with God. One achieves this connection through the fulfillment of God’s commandments, prayer, and the study of His Torah.

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Tisha B’Av – The Ninth of Av

On the Ninth of Av it was decreed on our fathers that they would not enter the Land (of Israel) [Bamidbar 14], the Temple was destroyed the first time and the second time, Beitar (the stronghold of the Bar Kochba rebellion) was captured, and the city (of Jerusalem) was plowed under.

Talmud Taanis 4

As the anniversary of the most tragic events in Jewish history, the ninth of Av is the most important day of mourning in the Jewish year. Other than Yom Kippur, it is the only fast day in the year that lasts a full night and day. All other fasts begin in the morning and end that night. Tisha B’Av begins at sundown and continues till the following nightfall. Tisha B’Av carries several additional prohibitions that are not required by the other fasts.

Prohibitions

The following is a list of the basic prohibitions on Tisha B’Av:

• We are forbidden to eat or drink anything for the entire period. (A person who has difficulty fasting for health reasons should consult a rabbi.)
• It is forbidden to wash oneself, even just one finger. The only exception is the required washing upon rising in the morning and after using the bathroom. Even in these cases we may only wash until the knuckles. If one has soiled his hands he is permitted to clean the soiled area only.
• It is forbidden to wear leather shoes. (There is no prohibition against other leather items.)
• Marital relations are forbidden.
• With several exceptions, one may not study Torah on Tisha B’Av because the study of Torah brings joy. The exceptions are the book of Eichah (Lamentations), the book of Job, the “bad” passages in Yirmiyah (omitting the passages of consolation), and various Talmudic and Midrashic passages which deal with the destruction of the first and second Temples and with the laws of mourning. Even in these cases we are not permitted to study in depth.
• We are not permitted to greet each other on Tisha B’Av, even to say good morning. If you encounter someone who is unaware of this law and he greets you, it is best to inform him of the law (in a polite manner) so that he will not resent your non-response. If this is not possible, then one should respond in a low voice and with a somber manner.
• The night of Tisha B’Av and the following day until chatzos hayom (midday) we do not sit in a normal chair. Instead, we sit on the ground or on a low stool.
• It is best to avoid work on Tisha B’Av until chatzos hayom (midday).
• One should not go for pleasurable walks or engage in any other activity that might distract from the mourning.

The Day Before

Although the fast itself begins at sunset, certain aspects of the mourning of Tisha B’Av begin earlier. From chatzos hayom (midday) of the eighth of Av and on it is best to refrain from Torah study in the same manner that one must on Tisha B’Av itself. However, many authorities are lenient in this matter. Certainly one should not engage in frivolous activity but should prepare himself for the upcoming fast.

It is customary to eat a meal before Mincha (afternoon prayers). This meal carries no restrictions. It is customary to eat well at this meal in preparation for the fast, but care must be taken not to overeat so that one can eat the Seudah HaMafsekes comfortably.

Tachanun is not recited during Mincha.

After the Mincha prayers it is customary to eat the last meal. This meal is called the Seudah HaMafseket (Separating Meal). It is forbidden to eat more than one cooked food at this meal. (This includes any form of cooking even roasted, fried, or pickled.) Meat, wine and fish are forbidden. Intoxicating drinks should be completely avoided.

The meal is eaten sitting on the ground or a low seat. It is customary to eat a hard-boiled egg (which serves as the cooked food). It is also customary to eat a piece of bread dipped into ashes and to declare, “This is the Tisha B’Av meal.”

During the meal, three men should not sit together so that they will not have to recite the Birchas HaMazon (Grace after Meals) as a group (mezuman). If they do eat together they still do not form a group.

When the eve of Tisha B’Av falls out on Shabbat, none of these restrictions apply.

Tisha B’Av Night

All of the prohibitions of Tisha B’Av begin at sundown. It is therefore necessary to remove one’s leather shoes shortly before sundown.

It is customary to remove the paroches  (curtain) from the Aron Hakodesh (Holy Ark) in the synagogue before Maariv (evening prayers). It is also customary to reduce the lighting in the synagogue. (In many synagogues, it is customary to pray by candlelight on Tisha B'Av night.)

After Maariv is completed, the book of Eichah (Lamentations) is read aloud to the congregation. After Eichah is completed, the congregation recites Kinos, poetic prayers of lamentation.

It is proper for a person to sleep in a less comfortable manner than he is normally accustomed to. If he usually sleeps with two pillows then he should sleep with only one. Some have the custom to sleep on the ground on the night of Tisha B’Av and to rest their head on a stone.

Tisha B’Av Day

At Shacharis (morning prayers) on Tisha B’Av morning, talis and tefillin are not worn. (They are worn during Mincha instead.) The small tzitzit is still worn but no blessing is recited. Tachanun is not recited. The Torah is taken out and the portion of Deuteronomy 4:25-40 is read and the haftarah from Isaiah 8:13 - 9:23.

After the Torah reading the congregation recites Kinos. This should last until a little before chatzos hayom (midday). After Kinos the prayers are completed. Lamnatzeach and the second verse of Uvo L’Tzion (V’Ani Zot Briti…) are omitted. Some do not say Shir Shel Yom now but wait until Mincha.

It is proper for every person to read the book of Eichah again.

After chatzos hayom (midday) it is permissible to sit on an ordinary seat.

At Mincha we don talis and tefillin. The Torah is taken out and the standard portion and haftarah for fast days is read.

During the Amida (silent, standing prayer) the following prayer is inserted in the blessing of V’LeYerushalayim Ircha:

HaShem our God, console the mourners of Zion and the mourners of Jerusalem, and the city that is mournful, destroyed, shamed, and desolate. Mournful without her children, destroyed without her residences, shamed without her honor, and desolate without inhabitant. She sits with her head covered, like a barren woman who does not give birth. She has been devoured by the legions, and conquered by the worshipers of foreign powers, and they put your people, Israel, to the sword and willfully murdered the devout [servants] of the High One. Therefore Zion cries bitterly, and Jerusalem raises her voice, “My heart! My heart [aches] on the slain! My stomach! My stomach [aches] on the slain!” For You, God, with fire you burned her, and with fire you will rebuild her, as it is said, “And I will be for her, says God, a wall of fire around her, and I will be a glory within her.”(Zechariah 2:9) Blessed are You, God, Who consoles Zion and builds Jerusalem.

The Night After Tisha B’Av

Tisha B’Av ends at nightfall. Even though the fast ends that night, it is proper to not eat meat or bathe until chatzos hayom (midday) the following day. This is because the Temple continued to burn into the tenth day.

Shabbos and Tisha B’Av

When the ninth of Av falls out on Shabbos then the fast is postponed until Sunday. In such a case, while one should still abstain from meat and bathing the following night, one need not do so the next day.

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The Three Weeks

The three weeks that begin on the 17^th of Tamuz and end on Tisha B’Av are a period of mourning for the Jewish people. It was during this period that both of our Holy Temples were destroyed.

There are two periods within these three weeks. During the period beginning from 17^th of Tamuz until the end of the month of Tamuz (a period of twelve days) the mourning is not as intense. The mourning during the final nine days, beginning with the first of Av until Tisha B’Av, is intensified and many additional practices of mourning are added. (This is according to Ashkenazic practice. According to Sefardic practice, the mourning is only intensified during the actual week in which Tisha B'Av falls.)

During the first twelve days the following practices are observed:

• We do not perform weddings.
• We do not make the blessing shehechyanu. We therefore avoid purchasing or wearing new garments which require this blessing during this period.
• We do not shave or get a haircut.
• We do not listen to instrumental music.

During the final nine days we continue to follow these restrictions in addition to which we add the following practices:

• We do not eat meat or drink wine except on Shabbos.
• We do not do construction when its primary purpose is pleasure (such as building a swimming pool) or aesthetic (such as painting).
• We avoid pleasurable bathing during this period.
• We do not launder clothing during this period nor do we wear fresh clothing (except for Shabbos).
• We do not trim our fingernails during this period.

There are many leniencies that can be relied upon with regard to these restrictions in cases of significant difficulty. In any such case, one should consult a competent rabbi.

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Shiva Asar B’Tamuz – The Seventeenth of Tamuz

The Seventeenth of Tamuz is the anniversary of several tragic events in Jewish history.

1. The luchot were broken on this day when Moses came down from Sinai and found the Jews worshiping the golden calf.
2. The Tamid (daily) sacrifice was discontinued on this day. (There is some disagreement in the sources as to when this happened (or, more accurately, which interruption of the Tamid service is commemorated on the 17th of Tammuz). Maimonides writes that this occurred prior to the  destruction of the first Temple, when Jerusalem was under siege and they were unable to get the necessary sheep. Others say that it occurred prior to the the destruction of the second Temple. And some say that this refers to an interruption of the Tamid service that took place at an earlier part of the second Temple period, under Hasmonean rule.)
3. The Romans penetrated the city walls of Jerusalem on this day prior to the destruction of the second Temple.
4. An idol was erected in the Temple on this day. (There is a difference of opinion in the Talmud (Yer. Taanis 4:5) whether this is talking about the first or second Beit HaMikdash.)
5.  The Torah was burnt on this day by Apustemus, one of the Greek oppressors.

In memory of these events we are required to fast on this day to inspire ourselves to repentance.

The fast begins at the break of dawn and ends at nightfall. During this time we neither eat nor drink any food whatsoever, not even water. Even though we are, strictly speaking, permitted to bathe on this fast day (unlike Tisha B’Av and Yom Kippur) the custom is not to bathe on Shiva Asar B’Tamuz.

Pregnant or nursing women, as well as anyone else for whom fasting may be a health problem should consult with a rabbi whether they are permitted to fast. Children below the age of majority (bar or bat mitzvah) do not fast. (In some communities, it is customary for children to begin fasting a short time before they become bar/bat mitzvah.)

It is important to recognize that the primary idea behind a fast is to meditate on the fact that these sufferings came upon us because the sins of our ancestors, sins which we continue to commit, and that we must repent. Someone who fasts but spends the day in frivolous activity has completely missed the point.

The fast of Shiva Asar B’Tamuz marks the beginning of a three-week period of national mourning for the Jews that is completed on TishaB’Av, the ninth of Av.

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Cleaning for Pesach by Rabbi Gissinger

How to clean properly for Pesach without making yourself insane.

Cleaning for Pesach by Rabbi Gissinger

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(Thanks to Tuvia Poe for typing up the document!)

Cleaning for Pesach

        Pesach – Z'man Cherusainu – is quickly approaching. We are all anxiously and impatiently awaiting its arrival. After all – the Seder nights in all their glory. The entire family – father, mother and children – sitting around the lavishly laden table – discussing in depth the very foundation of our emunah – יציאת מצרים. Our anticipation grows stronger with every passing day. Its unbearable – we can no longer wait!!! Or can we?? I must sadly admit that I've heard people say, “Pesach is unbearable”, “It's too hard”, “Not worth the work”. If my previous description of the Seder doesn't seem to match yours – perhaps you're doing something wrong. I must elaborate a bit and I will occasionally quote and draw from the writings of HaRav HaGaon Rav Chaim Pinchaos Scheinberg שליט''א. Obviously, the primary problem is the pre-Pesach cleaning, cleaning and more cleaning. Unfortunately, the average housewife does 75% more cleaning than is required according to the halacha. Spring cleaning should be done after Pesach.

        The following items need not be washed for Pesach; Windows, walls, carpets,ceilings, doors and doorknobs. Linens, bedspreads, curtain, towels, fresh dish towels. For those who sell their chometz – all pots, pans, dishes, flatware, appliances (e.g. mixer, grinder, toaster, microwave etc.) and toys which are being stored away for Pesach.

        The closet / room where chometz and / or chometz utensils are being locked up does not need to be cleaned for Pesach. Rather, merely take a quick assessment of the approximate amount of chometz present there so that is may be properly listed among items being sold as chometz.

        Before beginning specific halachos regarding the preparation of the home and kitchen for Pesach, I wish to make it clear that I have no intention of abolishing Minhagim which have been passed down be Klal Yisroel from generation to generation. After all, the Shulchan Aruch and later poskim       (שער הציון סי' תמב ס''ק נב) commend Chumros (stringencies) for Pesach because, ישראל קדושים הם. Nevertheless, some practices adopted by women today are not an actual continuation of those minhagim. Furthermore, one is not permitted to perform stringencies when they infringe upon and undermine basic Torah obligations. For example, as stated above, women are obligated in all the mitzvos of the Seder as men are. They also have the mitzvah of Simchas Yom Tov –enjoying the Chag. How can these be accomplished when they are totally washed out, exhausted and too tense to even maintain a conversation!! We must maintain our priorities!

        Note: The rationale for some of the halachos stated below is based on the following premise. The obligation to search for and destroy Chometz applies to Chometz which is the size of one complete k'zayis (i.e. approximately the volume of one ounce. A standard whiskey cup holds one ounce) or more. According o some opinions even less than a k'zayis is problematic unless it is rendered unfit for human consumption. In consideration of that opinion, I have recommended, not required, (where applicable) to apply an ammonia/water solution to the chometz thus rendering it inedible. Do not confuse this halacha with the more stringent issur of consuming chometz.

Clothing: Pockets of adult clothing (i.e. specifically those which during the year mat have occasionally  contained chometz) and all children's clothing which will be worn on Pesach should be emptied of food and crumbs. Alternatively, if one resolves not to put any food in pockets during Pesach – follow the rules in the following sentence regarding other clothing. Pockets of other clothing (not to be worn on Pesach) need only be frisked for either edible crumbs of chometz (not little crumbs mixed with lint and dust) or a “considerable amount” of chometz.Note: a “considerable amount” equals a k'ziyas. Should one decide on Pesach to wear clothing whose pockets were not thoroughly cleaned – food may not be put into those pockets.Note: Clothing which will not be worn on Pesach and will be in a sealed closet and sold with the chometz – need not be checked at all.

Toys: a) Only those toys which may contain a ”considerable amount” of chometz must be cleaned of same. b) Toys which don't usually contain a ”considerable amount” of chometz but rather have small particles of slightly dirty chometz stuck to them, may be used as is on Pesach. c) in the rare case that small particles of chometz appear to be in edible condition – although according to the view of most Poskim, the toys may be used as is – care must be taken not to place those toys on areas where food is placed (e.g. tables, countertops, etc). Furthermore, as stated above, some poskim rule that in this case the chometz adhering to the toys should be rendered inedible. This may be accomplished in the following manner; 1)waterproof toys may be soaked (in a tub) in ammonia solution for a short time and then rinsed. By doing so, any chometz which may have been stuck to the toys becomes inedible and is no longer considered chometz. The toys may be dried and used as is. 2) Toys which can not be immersed in water can either be wiped with a sponge moistened with the ammonia solutuion as above or the chometz must be removed. Note: Any toys not being used on Pesach need not be checked but rather they may be sold with the chometz.

Seforim/Books: Since the only crumbs that might be present in seforim or books are less than a k'zayis, these items do not have to be cleaned for Pesach. However, care must be taken not to place them on areas where food is placed (e.g. tables, countertops, etc). Nevertheless, to avoid any problems, seforim/books which commonly have crumbs in them (e.g. Bentchers, etc.) should be cleaned or sealed away with the Chometz.

Preparing the Kitchen

Refrigerator/Freezer: should be washed with ammonia / water solution and may then be used without lining the shelves with paper etc.

Range Top: Clean thoroughly then light flames for ten minutes. Cover the area between the burners with aluminum foil. Note: the drip rings/pans need only be cleaned, not kashered.

Oven – self-cleaning: set the self clean at the highest setting for one hour.

Oven – non self-cleaning: apply acid solution (e.g. EasyOff), rinse and then light for one hours at the highest seting.

Microwave: Clean thoroughly (especially around fan area) then don't use for twenty four hours. Boil water in the microwave for several minutes so that it will fill with vapor. Since the validity ofkashering plastic for Pesach is questionable, use only when Pesach food is covered e.g in a plastic bag.

Sink: Clean thoroughly then don't use with very hot water (i.e. too hot to touch with one's bare hand) for twenty four hours and then perform Iruy (i.e. pour boiling water) on entire surface including the spout.

Counter tops: Clean thoroughly with ammonia solution then either cover with aluminum foil etc. or perform Iruy and use as is. Hot Pesach food should not be placed directly (i.e. without a dish or container) on counter.

Pantry and cabinets: Clean thoroughly with ammonia solution and then use as is (i.e. without lining with paper etc).

Food and Non food Products

        In order to understand the following halachos, a brief introduction is necessary: Torah – prohibited foods (e.g. non-slaughtered meat/fowl, pork etc.) which have become unfit for human consumption, are no longer prohibited Min HaTorah. Nevertheless, Mi'dRabbonon, one is forbidden to intentionally ingest these unfit foods. The reason for this issur is termed ‘אחשבי. By ingesting the unfit food one has made a statement that for him that food is indeed edible. Therefore, even if the food is unfit for animal (canine) consumption it is Rabbinically prohibited.

        Chometz, however, is somewhat unique in that it is prohibited to be eaten even if unfit for human consumption providing that is is at least fit for animal (canine) consumption. Being that the Torah prohibited leaven even though it is technically inedible, so too, moldy bread can also be used to ferment dough and is thus also prohibited. However, mixtures containing chometz which can no longer be used as a leavening agent fall back into the category of all Issuurim and thus when unfit for human consumption they are no longer prohibited. Nevertheless, consuming them is Rabbinically prohibited because of ‘אחשבי. 

There are three prohibitions relating to chometz; 1) Consumption, 2) Deriving benefit (e.g. feeding pets Chometz), 3) Ownership. Chometz which is inedible and unable to be used to sour dough may be owned and even used for any use providing that it is not ingested. Thus, the following products may be used on Pesach without any Kosher for Pesach label;

All cosmetics (e.g creams, ointments, powders, nail polish, lipstick, blush, eyeshadow, deodorants, hair spray, shampoos, perfumes, etc) Note: When not using a new lipstick, check the old one for crumbs.

All cleaning agents (e.g. soaps – solid /liquid, dish washing and laundry detergent, waxes and polishes, etc.)

All paper goods, plastic ware, aluminum foil, etc.

Once again I wish to reiterate that my intention is not to dissuade those wishing to follow more stringent opinions form doing so. Rather, I have presented the halachos according to the opinions of those Poskim whom I feel one may follow להלכה ולמעשה.

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The Weberman Conviction and Torah Justice

For most people who are aware of the case, the recent conviction of the child rapist, Nechemya Weberman, has come as a welcome sign that, even in the most insular of our communities, those who are willing to step forward and fight for what is right, can hope to see justice done, and - even more importantly - remove these violent predators from our midst.

Unfortunately, while the conviction itself was a good thing, there is also much about the case that is deeply discouraging. The fact that the leadership of Weberman's community came out aggressively in his support, even after it was absolutely clear that his behavior had long been in violation of halacha, indicates an almost willful blindness in many quarters with regard to this issue that is deeply disturbing.

That being said, I do not see myself as competent to discuss the communal aspects of this issue, which have been covered by far abler people than myself. I am also not going to address the issue of mesira, i.e. the prohibition against informing on a Jew to non-Jewish authorities. The poskim have already stated that the prohibition against mesirah does not apply to cases of abuse, whether physical or sexual. (For a full discussion, see Nishmat Avraham, vol. 3, ch. 18.)

What I wish to discuss here is a technical issue dealing with the question of the justice of Weberman's conviction from a Torah perspective. Throughout the course of the court case, I have come across the claim that from a Torah perspective the entire case is invalid, as the evidence against Weberman does not meet the standards of Jewish law. On the surface, this question, which I have encountered several times, seems to be valid. After all, one of the most basic concepts of Jewish law is that one can only be convicted for a crime when there are two eyewitnesses to the actual event. Circumstantial evidence and second-hand testimony are invalid. In general, Torah law describes a criminal justice system that is very heavily biased towards acquittal  So how can we support the conviction of Weberman when, it is argued, according to Torah law he would certainly not have been convicted him for anything?

While this might appear to be valid question, it is based on a critically flawed understanding of the reality of Jewish law as it was actually practiced when the Jewish people lived under Torah law. This issue is discussed at length in the Drashos HaRan (Rabbeinu Nissim, 14th century) in Drasha 11. The Ran points out that in a Torah society, the criminal justice system must serve two distinct functions, which can often be in tension with each other.

The first function of the Torah's criminal justice system is ישוב המדינה (yishuv hamedina), i.e. to provide a stable society in which people can function without fear of violence from others.

The second function of the Torah's criminal justice system is to enforce the laws of the Torah, as they are, regardless of the apparent utility of those laws from a yishuv hamedina perspective.

Most of the time, these two functions work together hand in hand. The reality is that the majority of people, in any society (and, hopefully, even more so in a society governed by Torah law), are basically law abiding citizens. Thus, even in the case of a violent crime, it is proper to give the ordinary citizen the benefit of the doubt, even to an unreasonable degree.

However, when applied to human predators, such as career criminals, serial murderers, rapists, and abusers, the simple reality is that this system does not work. If we would apply all the protections that are normally applied to the accused in Torah law, it would be virtually impossible to convict any of these criminals for their crimes. The Ran points this out explicitly:

אם לא יענשו העוברים כי אם על זה הדרך, יפסד הסדור המדיני לגמרי, שיתרבו שופכי דמים ולא יגורו מן העונש!

If law breakers are only punished under these conditions [i.e. the conventional standards of evidence required by Torah law] the order of society will be completely destroyed, for murders will increase and they will have no fear of punishment!

The Ran explains, therefore, that the Jewish criminal justice system actually had two tracks. The primary track, which functioned according to the ideal standards of pure Torah law, was run by the batei din - the Jewish courts that were established in every community. It was this system that the average citizen of the Jewish state interacted with when accused of a crime. Convictions, especially of capital crimes, were extraordinarily unusual under this system.

However, there was another system, which was specifically intended to ensure that true criminals would not be able to take advantage of the leniency of the standard judicial system to shield them from the punishment they deserved. This track was run by the king. Under Jewish law, the king was empowered to punish, and even execute, a criminal based upon his own judgement of what was necessary for the protection of society. The king was not required to follow the conventional laws of evidence that applied to the courts.

Indeed, the Ran points out that the king's power was so great that it was necessary to impose special obligations on him to teach him to restrain himself from abusing that power:

ולפי שכח המלך גדול, איננו משועבד למשפטי התורה כמו השופט, ואם לא יהיה שלם ביראת אלקיו יבוא להפריז על המדות יותר ממה שיתחייב לתקון הכלל, ציוהו שיהיה ספר תורה עמו תמיד... שכשיפריץ על מדות התורה לצורך תקון זמנו, לא תהיה כוונתו לעבור על דברי תורה כלל ולא לפרוק מעליו עול יראת שמים בשום צד, אבל תהיה כוונתו "לשמור את כל דברי התורה הזאת ואת החוקים האלה לעשותם", שבכל מה שיוסיף או יגרע, יכוון כדי שיהיו חוקי התורה ומצוותיה יותר נשמעים, כאשר נאמר על צד המשל, שכשיהרג הורג נפש בלא עדים והתראה, לא תהיה כוונתו להראות ממשלתו לעם שהוא שליט על זה, אבל יכוון בעשותו זה כדי שמצות "לא תרצח" תתקיים יותר ולא יפרצו עליה.

The power of the king is so great - in that he is not obligated to conform to the laws of the Torah like a judge - that if he is not perfect in his fear of God, he may go beyond those principles more than is necessary for the protection of the community. Therefore, he is commanded to always have a Torah scroll with him (Deuteronomy 17:18-19)... [to remind him] that when he goes beyond the principles of the Torah for the necessity of the situation, his intent should not be, in any way, to violate the words of the Torah or to cast off the yoke of fear of Heaven, but his intent should be "to guard all the words of this Torah and these decrees, that they be fulfilled." Whether he adds or detracts, his intent must be that the laws and commandments of the Torah be heeded to a greater degree. Thus, for example, if he executes a murderer without witnesses or warning. his intent must not be to demonstrate his dominion to the people, but his intent in doing this should be that the commandment of "Thou shalt not murder" will be upheld further and not violated.

The Ran also points out that when there is no proper king, as was the case for much of the Second Temple period, this power of the king is transferred to the courts. (See the Rambam, Hil. Sanhedrin 24:4-10, where he describes the extra-legal powers of the courts in detail.)

The point of all of this is that actual Torah law does not give a free pass for any criminal who is clever enough to figure out how to circumvent the - extraordinarily lenient - standards of the conventional Jewish court system. To imagine that this is so, is to imagine that the ancient Jewish government was unable to provide even the most basic protections to its citizens. Under a properly run Jewish government, a predator like Weberman would indeed have been convicted, and likely executed, for his crimes.

The fact that, in our current state of exile, the Jewish community no longer has the ability to protect itself from monsters of this sort and is forced instead to rely on the good graces of an - admittedly imperfect - non-Jewish justice system is indeed a tragedy. However, the fact that, in this case at least, the system worked is something for which we should be deeply grateful.

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The Prohibition of Ona'as Devarim – Hurting Another Jew's Feelings

“And you shall not hurt the feelings of one another, but you shall fear your God, for I am HaShem your God.” (Leviticus 25:17)

The Torah commands us not to hurt our fellow Jews in any way, even through speech. Harming another Jew with words is called ona’as devarim – oppressing with words. The Talmud (Bava Metzia 58b) tells us that harming another Jew’s feelings is even worse than cheating him of money.

The Talmud gives several examples of the kinds of harmful statements that are prohibited:

• Reminding a person of something shameful in his past, or in his family’s past. For example, if he was once not properly religious and has since repented, it is forbidden to remind him of his previous deeds. Related to this, if a person is a convert, we are not permitted to make remarks that imply that his non-Jewish origin somehow diminishes his status as a Jew.
• If a person is suffering from misfortune or illness, we are not permitted to tell him that his suffering is a punishment for his sins.
• Shaming someone in public. Even if it is sometimes necessary to admonish a person for his misdeeds, this should be done in private. Shaming a person in public is a terrible sin, even if it is done with good intentions. Obviously, to maliciously shame a person in public is far worse. The Talmud tells us, “Anyone who shames his fellow in public, it is as if he spilled blood.” Shaming another person in public is akin to murder.
  

  “Anyone who shames his fellow in public, it is as if he spilled blood.”

  Instead of saying that it is as if he spilled “his blood”, the Talmud refers to blood in the plural (which doesn’t translate well into English). The Ben Ish Chai (Rabbi Yosef Chaim of Bagdad – 1832-1904) explains that when one shames another person in public, every time the victim remembers his shame or meets someone who was present, he experiences the shame again. So when one shames his fellow in public, he has not merely shamed him once, but he has spilled his blood repeatedly! The Ben Ish Chai

• Calling someone an insulting name. This is particularly problematic if one calls someone by an insulting name so frequently that it becomes a popular nickname for the person.
• Giving misleading or self-serving advice. Do not think that since no one will know that the bad advice was given with bad intent that you will get away with it, because God knows. That is why the Torah adds here, “you shall fear your God”. (Rashi on Leviticus 25:17)
• Arousing false hopes. For example, if one goes into a store with no intent of buying anything, but asks the store owner for prices making him think that you are a potential customer.

The importance of this mitzvah cannot be understated. The Talmud (Bava Metzia 58b) states:

All those who go down to Gehinom (Hell) eventually come back up, except three: one who has committed adultery with another man’s wife, one who has shamed his fellow in public, and one who has given an insulting nickname to his fellow.

We must be very careful not to hurt the feelings of our fellow Jews. We must always bear in mind Hillel’s rule “What is unpleasant to you, do not do to your fellow” (Talmud Shabbos 31a). Sometimes we think that an insulting remark made in jest is harmless. Yet we all know many times when someone’s feelings were hurt from a joking remark. “I was only joking” is not a valid excuse. Just as one does not treat another person’s life as a joking matter, one must treat his fellow’s feeling with great respect. (Pele Yo’etz – Ona’ah)

In addition to the basic mitzvah not to hurt another Jews feelings, the Torah tells us to be extra careful about hurting the feelings of people who are particularly vulnerable. This includes a convert, “When a convert comes to live in your land, do not hurt his feelings” (Leviticus 19:33) or any other person who is not a native to your country, place, or culture (see Exodus 22:20). We must also be extremely careful about the feelings of widows and orphans, for the Torah says, “You shall not afflict any widow, or orphaned child. If you afflict them in any wise, and they cry to me, I will surely hear their cry; And my anger shall burn hot, and I will kill you with the sword; and your wives shall be widows, and your children orphans” (Exodus 22:21-23). The Talmud (BM 59a) also says that a man must be particularly careful not the hurt his wife’s feelings.

Despite the importance of not insulting another person, it is sometimes acceptable to respond strongly to someone who is verbally attacking you. However, even in such a case, one should use care and not speak out of anger. Moreover, it is considered a great level of righteousness to avoid responding even to those who verbally attack you. (Sefer HaChinuch 338)

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This material was originally written for young students.

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Forgiveness for Inter-Personal Sins

Jewish law requires us to ask forgiveness from anyone whom we may have harmed, whether the harm was physical, financial, emotional, or social. We are also required to be gracious in granting forgiveness. The Talmud (Bava Kamma 8:7) states, "From where do we know that it is cruel to not forgive? For it says, "Abraham prayed to God and God healed Abimelech..." (Genesis 20:17).

Maimonides writes (Hil. Teshuvah 2:9-10):

Repentance and Yom Kippur only atone for sins between Man and God such as eating forbidden foods or engaging in forbidden sexual relations. Sins between one man and his fellow, such as striking, cursing, or stealing are never forgiven until one pays up his debt and appeases his fellow. Even if he returns the money he owes he must still ask for forgiveness. Even if he only spoke badly about him, he must appease and beseech until he is forgiven. If his fellow refuses to forgive him then he must bring a group of three of his fellows and go to him and ask him [for forgiveness]. If he still does not forgive him he must go to him a second and third time (with a different group of three people). If he still refuses to forgive him he may cease and the other is the sinner. If [however, the injured party] is his teacher (rebbe) he must go to him even a thousand times until he is forgiven.

It is forbidden to be cruel and difficult to appease, rather, a person must be quick to forgive and difficult to anger and when the sinner asks for forgiveness he should forgive him willingly and wholeheartedly....

In Shulchan Aruch (R' Yosef Karo, d.1575) in the laws of Yom Kippur (Orech Chaim 606:1) we find essentially the same thing. The Rema (R' Moshe Isserles, d.1572) adds that one may withhold forgiveness if it is for the benefit of the person asking. The Mishna Berurah (R' Yisrael Meir Kagan, d.1933) explains that it may be appropriate to withhold forgiveness to teach the supplicant not to take it lightly. The Rema also permits withholding forgiveness when someone spread false rumors about you, however the Mishna Berurah says that in such a case one should still forgive.

In the prayer titled Tefilah Zaka which many people recite before Kol Nidrei on the eve of Yom Kippur it says:

I extend complete forgiveness to everyone who has sinned against me, whether physically or monetarily, or spoke lashon hara (negative speech) about me or even false reports. And (I also forgive them) for any damages, whether on my body or my property, and for all sins between a man and his fellow except for money which I can claim in a court of law and except for someone who sins against me saying, "I will sin against him and he will forgive me". Except for these I grant complete forgiveness and no person should be punished on my account. And just as I forgive everyone so should You grant me favor in the eyes of all men that they should completely forgive me.

The complete prayer is printed in many machzorim (holiday prayer books).

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Book Review - "The Neshamah Should Have an Aliyah" by Rabbi Tzvi Hebel

When I started this blog, I was approached by a good friend, Rabbi Moshe Haikins, the founder and director of the Chevrah Lomdei Mishnah - The Society for the Mishnah Study, with the request that I read and review a book that they had published (in cooperation with Judaica Press). Of course, there is a danger in accepting such a request from a friend, as it entails the risk of having to inform your friend of your true opinion of the book. This is especially daunting when the book is already in print and your criticism can no longer serve any constructive purpose.

Thankfully, I was not faced with this difficulty in this case. In The Neshamah Should Have an Aliyah, Rabbi Tzvi Hebel has succeeded in producing an outstanding work that will probably become a standard text in the English speaking Jewish world. The work deals with an issue that everyone is eventually faced with; how to properly memorialize a deceased loved one according to Jewish tradition.

The book begins with a general overview of the different concepts that underlie the various traditional Jewish practices for memorializing the departed. All of these concepts are based upon the basic principle that the departed do not cease to exist at death, and that even after death, it is possible for the living to continue to contribute to the welfare of our loved ones who have passed on. Most significantly, the departed continue to gain merit through the good deeds of their children and family. Moreover, good deeds done with the intent to bring merit upon the deceased, are themselves raised to higher level, for in addition to the good deed itself, such acts also include the elements of chessed (kindness) and kibbud av v'eim (honor of parents).

However, the real strength and uniqueness of this work is in the next section, which makes up the bulk of the work, titled, "What You Can Do - A Practical Guide." This is a comprehensive, and very practical, guide to the many different traditional practices used to memorialize and gain merit for the deceased.

The only way to really appreciate how comprehensive this work is to look over the table of contents. The topics covered include Torah study (both during the period of mourning and afterwards), charity and chessed, prayer (covering the recitation of kaddish, yizkor, and other such practices), the tombstone, visiting the grave, naming children after the deceased, the yahrtzeit (yearly anniversary of the deceased's passing), and so on.

All of these are accompanied by highly practical advice and information. Thus, in reference to the practice of studying mishnayos during the shivah (first seven days of mourning) based upon the name of the deceased (in which each mishnah begins with a letter from the Hebrew name of the deceased), the publishers included an appendix to the book that has a mishnah with translation for each letter of the Hebrew alphabet.

Similarly, when discussing charity and chessed, the author includes an introduction to setting up a gemach - a fund for free loans of money or other acts of kindness - which can be an outstanding source of merit for both the deceased and the living. This book even includes names and phone numbers of organizations and experienced individuals who are willing to help you set up a gemach.

And, in connection to the practice of visiting the grave site, the book includes a separate pamphlet, printed on glossy card-stock, with the traditional prayers that are recited at the cemetery. The book also includes a CD with a presentation, both in audio (for a conventional CD player) and video, titled, "Providing Eternal Merit" by the world-famous speakers, Rabbi Yissocher Frand and Rabbi Paysach Krohn. (Obviously, these items are not included in the Kindle edition.)

The book even includes a sample agenda for a family meeting for discussing what the family can do to memorialize their departed loved ones.

Yet despite the comprehensive and practical nature of this work, Rabbi Hebel has succeeded in producing  a book that is of a reasonable size (well under 200 pages) and which is written in clear, accessible language. The book includes an index and glossary, and the longer sections are followed by bulleted summaries. 

In short, with this work, Rabbi Hebel has performed an extraordinary service for the Jewish community. He has provided us with a user-friendly guide to a topic that we are often first confronted with at a time of great stress. I highly recommend this work for every Jewish home.

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Rabbi Hebel and the Chevrah Lomdei Mishnah have also published Mishnas Chayim, a collection of insights on the weekly Torah portion from the Mishnah originally published in their popular weekly parsha sheet.

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Emor - Kiddush Hashem - The Mitzvah of Martyrdom

In Parshas Emor, we read (Leviticus 22:32), “You shall not desecrate My holy name, and I shall be sanctified within the children of Israel.” This is the mitzvah of kiddush Hashem, the sanctification of God’s name, which requires a Jew, under certain circumstances, to refrain from violating the laws of the Torah even at the cost of his own life. While the normal rule (which we learn from Leviticus 18:5, “You shall keep My statutes and My laws, which a man shall do and live through them”) is that the Torah does not usually require us to sacrifice our lives for the sake of the mitzvos, there are several significant exceptions. The poskim (halachic authorities) define three basic circumstances in which we are obligated to choose death over violating Torah law:

1. There are three categories of sin which a Jew may never violate, under any circumstances, even if it costs him his life: Murder, sexual immorality, and avoda zara. (Avoda zara, usually, and misleadingly, translated as idolatry, refers specifically to the worship of anything other than God Himself, and, more broadly, to any fundamentally erroneous belief about God.) Thus, not only must a person accept martyrdom rather than violate one of these laws, but he must even accept death from illness or starvation if the only way to save himself would be by committing one of these sins.
   
   
2. If a Jew is being forced, at the pain of death, to publicly violate any Jewish law for the purpose of making him violate the law, then the Jew is required to refuse to violate the law, even if it costs him his life. If however, the event is not public, or if the motivation is not to force him to violate Torah law, then he should not – and may not – sacrifice his life. (He is, however, required to sacrifice all of his material possessions, if necessary, to avoid such a violation.)
   
   
3. In a time of shmad, i.e. a government campaign against Judaism (such as what happened under the Greeks in the period before the Maccabean revolt), a Jew is required to uphold all Torah law without exception, even if he will be killed for this. This applies even in private and even for non-Biblical laws, including even Jewish customs.

There are many important lessons we can learn from this mitzvah (which we hope we will never have to put into practice). The most basic lesson of all is that as Jews we must recognize that, ultimately, what gives our lives meaning and purpose is our adherence to God’s Torah, and that we must therefore be ready and willing to sacrifice our lives in His service. This lesson is brought out by Rabbi Samson Raphael Hirsch (Horeb 615):

Rabbi Samson Raphael Hirsch

You shall hallow by your example the Name of God among your brethren, you shall show by your example and bear witness by your deeds that the true son and true daughter of Israel hold nothing higher than God and the fulfillment of His Divine will. And you shall, if it be necessary, willingly seal this testimony with your life, in that, if it must be, you offer it up in order to preserve your loyalty towards God and to inspire such loyalty in your brethren.

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Lashon Hara – The Prohibitions of Harmful Speech

The Torah instructs us, “Do not go around as a gossiper among your people…” (Leviticus 19:6). This is the prohibition against rechilus—gossiping, which is the most basic prohibition against harmful speech. This prohibition applies to any statement made about a fellow Jew that could bring him harm, whether the harm is social, emotional, financial, or physical. This is true even if the statement is completely true and, in fact, not even disparaging of the person.

An Example of Rechilus Let’s say you know three people, Reuvain, Shimon, and Levi. Unfortunately, Reuvain and Shimon don’t get along with each other. Recently, Shimon had some financial difficulties and Levi, who is friendly with both sides, helped Shimon out of his difficulty. Now, in truth, Levi’s deed is praiseworthy but you know that, due to his dispute with Shimon, Reuvain will bear a grudge against Levi for helping his enemy. In such a case it would be forbidden to tell Reuvain that Levi helped Shimon even though the statement would be completely true and does not denigrate Levi.

The primary application of the prohibition against rechilus is involved in telling one person something that generate ill will towards another person, however, the principle of rechilus also discourages ordinary “gossip” in which we speak about the affairs of others for no beneficial purpose. Such speech, while possibly not intended to be harmful, will inevitably result in violation of the prohibitions of harmful speech.

As stated, the prohibition against rechilus applies even when the statement does not disparage the other person. If one makes statements which disparage another person then the violation is more severe. Such speech is called lashon hara—evil speech. If the statement is false then the sin is even more severe. False statements about another Jew are called motzi shem ra—sending out a bad name—and are the worst form of harmful speech.

In addition to the prohibition against speaking rechilus and lashon hara, there is also a prohibition against listening to and believing such forms of forbidden speech. The Torah teaches us, “Do not accept a purposeless report…”^[1] (Exodus 23:1). The main point of this commandment is that a judge may not accept testimony from a witness outside of the proper procedures of the court. For example, he may not listen to one side of the story unless the other side is present, he may not listen to witnesses who are not qualified to testify, and he may not accept the testimony of a single witness when two witnesses are required. Our Sages teach us that this prohibition also applies to ordinary people in their daily life. We are not permitted to listen to, and certainly not to believe, negative reports about our fellow Jews for no productive purpose.

These are the basic mitzvos that prohibit saying, listening to, or believing harmful statements about our fellow Jews. There are actually a number of additional commandments that deal with these specific prohibitions. In addition, many other mitzvos can play a role in these prohibitions, such as the laws against taking revenge and bearing a grudge, hating your fellow Jew, hurting the feelings of another Jew, causing others to sin, and the commandments to love our fellow Jews and judging them favorably.

Exceptions

Despite the severity of the prohibition against harmful speech, there are situations in which one is supposed to make such statements in order to prevent harm to others. For example, if you are aware that someone is planning to hire a person whom you know to be dishonest, or that a someone is considering marrying a person whom you know to be dangerous, then you have a responsibility to warn the innocent party. There are, however, a number of important conditions to be met before you may do this:

1. You must be absolutely certain that your statement is completely true.
2. Sometimes, what at first glance might appear to be an unethical and illegal act may actually be justifiable if one knows the full situation. Before you tell others that someone has engaged in illegal or unethical activity, you must be certain that your assessment is correct.
3. You must confront the person who committed the misdeed and gently admonish him. This gives the person the opportunity to either explain his act, and, if he was in fact guilty of a misdeed, he has the opportunity to repent his deed and undo it (if possible). Only after you done this and the person has not accepted the admonishment may you then inform others. If for some reason it is impossible for you to confront the person, or if you know that he will not accept admonishment, then this step may be skipped.
4. You must have positive intent. You are not permitted to make these statements due to your dislike for the other person, even when that dislike is justified.
5. There must be no other way to solve the problem. Making a harmful statement about another person must only be done as a last resort.
6. That no harm will come to the person you are speaking about beyond what is justifiable. Even if the person was guilty of a crime, he may not deserve the repercussions that might result from your statement. If, for example, the person was guilty of theft, but the people he harmed may retaliate with violence instead of using legal methods, then you may not tell them.
7. You must not exaggerate the information.

As you can see, the conditions under which a harmful statement may be made are quite limited. For this reason it is generally advisable to consult with a knowledgeable rabbi before making such a statement.

As we mentioned earlier, in addition to the prohibition against saying lashon hara, we are also prohibited from listening to or believing it. However, in a case where someone warns you of a potential risk to you from another person, you are permitted to take reasonable precautions to protect yourself. However, you are still not permitted to accept the statement as being true.

The Severity of Lashon Hara

Our Sages teach us that the sin of lashon hara is very great. The Talmud states, “Lashon hara is equal to the sins of idolatry, sexual immorality, and murder” (Arachin 15b). This is obviously a very strong statement, especially considering a Jew is required to give up his life rather than commit one of these sins.

The Sages also teach us that one who speaks lashon hara is considered as if he denied the basic principles of Judaism (Arachin 15b). At first glance this would appear surprising, why should this particular sin be considered so important? There are a number of explanations for this statement. The basic idea is that people who speak lashon hara will frequently act as if they don’t realize that they are speaking maliciously, and they will try to avoid speaking in the presence of the person that are disparaging. This behavior demonstrates that they are afraid of the opinion of other human beings and of the anger of their victim, but that they do not fear the judgment of God.

Our Sages teach us “Four groups do not merit to see the face of the Divine Presence: the group of liars, the group of flatterers, the group of mockers, and the group of those who speak lashon hara” (Sotah 42a). This statement shows us the importance of being careful of our speech, not only regarding lashon hara, but of all forms of improper speech.

As severe as the sin of lashon hara is, the reward for avoiding lashon hara is even greater. The Vilna Gaon, Rabbi Eliyahu of Vilna, writes in the name of a midrash:

Every single moment that a person seals his mouth [from improper speech] he merits to a stored “light” beyond the comprehension of any angel or creature.

Who is the man who desires life, and loves many days, that he may see good? Keep your tongue from evil, and your lips from speaking guile. Psalms 34:13-14

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[1] Can also be translated as “Do not accept a false report” or “Do not accept a destructive report”. All point to the same basic idea, we may not accept purposeless negative reports about our fellow Jews as these are inherently destructive and must be assumed false. (See HaKesav VeHaKabala and HaEmek Davar.)

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