jewish times - vol. xi> no> 10 - february 17, 2012

7/29/2019 Jewish Times - VOL. XI> NO> 10 - FEBRUARY 17, 2012

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https://www.Mesora.org/ReligionofReason

33 pg Previewwww.Mesora.org/ReligionofReason

AstrologyReincarnationPraying to the DeadSuperstitionDemonsBashertEvil EyeRebbe WorshipSegulasSatan

AngelsWestern Wall Prayers

Red BendelsKabbala

MysticismMiraclesWhat is God?Jewish SoulsTalmudic Stories

MetaphorsBelief vs. ProofDo Rabbis Err?Gentile Equality

Mans Purpose

RABBI REUVEN MANN

Rabbi, Y. Israel of Phoenix; Founder, Masoret Institute; Menahel YBT

Rabbi Moshe Ben-Chaim has written extensively about thephilosophy and Hashkafa of Judaism for many years. As the

title of his book, Judaism; Religion of Reason indicates, his

ideas are rooted in an uncompromisingly rational approach to

Judaism. He follows the guidelines of the great rationalist

philosopahers such as Rmbam and Saadia Gaon in his

exploration into the values and ideals of Torah Judaism. He is convinced that all

of the teachings of Judaism and the statements of the Sages make perfect sense

and are amenable to the rational, inquiring mind.

He is absolutely opposed to all forms of mysti-

cism and seeks to debunk all practices and beliefs

which are rooted in superstition or are contrary to

reason. This collection of writings covers a wide

variety of topics that are of interest to contempo-

rary Jews. It also contains insightful analyses ofBiblical narratives as well as the underlying

significance and relevance of many mitzvot.

Rabbi Ben-Chaim demonstrates that

Judaism can be harmonized with human

reason. Indeed he asserts that one can only

understand and appreciate Judaism by analyz-

ing it in a logical manner in order to elucidate

its deeper ideas. He is not afraid to ask the

most penetrating and challenging questions

because he is absolutely convinced that

Torah is the Word of God and thus based

on the highest form of wisdom.

Jews who have a profound desire to

make sense out of their religion willbenefit greatly from reading this book.

One need not agree with all of Rabbi

Ben-Chaims ideas, but his questions,

analyses and original thoughts will

open your mind to a new appreciation

of the wisdom and logical consistency

of Torah Judaism.

RABBI STEVEN WEIL

Executive Vice President, The Orthodox Union

Rabbi Moshe Ben-Chaim has followed in the footsteps of thegreat Medieval Rishonim (Rambam, R. Avraham ben HaRam-

bam, etc.) in trying to explain, define and lay out the world

outlook of Torah and the philosophy of Judaism in rational,

logical terms. Rabbi Ben-Chaim asks critical, crucial and

defining questions that any thinking Jew needs to ask. He is

extremely critical of approaches to Judaism that superimpose external methodologies

(such as mysticism, other religions) and project primitive emotions onto the

Almighty. Although one can disagree with some

of the conclusions; his approach, his questions

and method enable the reader to explore and

engage our theology in a meaningful and serious

way. When chazal employ certain terms and

convey certain images, the student is forced to

conceptualize, extract and deduce profoundpsychological and philosophical principles.

Unfortunately, many take chazal at face value or

project onto chazal, motives and rationalizations

they never meant. Rabbi Ben-Chaim following

the method of the Rishonim, forces us to define,

weigh and analyze each word and phrase of

chazal. Rabbi Ben-Chaim shows there is no

contradiction between a serious investigation of

Science and a serious investigation of Judaism.

Rabbi Ben-Chaim has written a work that

addresses the thinking, seeking person of all faiths.

This work speaks to the scholar and lay person

alike. Once again, one may not agree with specifics

within the book but at the same time will appreciateit and gain insight into how the great Rishonim

define how we view the world. Rabbi Ben-Chaims

website, Mesora.org is a very serious tool and

resource for thinking human beings who want to

engage and explore the Almighty, the Almightys

universe and do so within the realm of wisdom,

rationality and intellectual honesty.

REVIEWS

PARTIAL CHAPTER LIST

Jews have succumbed to mystical religion and pop-kabballa. Tenyears in the making, the author cites authentic Torah sourcesunveiling the fallacy of widespread beliefs. He focuses on Torah'sbrilliance and method of decryption; unraveling metaphors andinterpreting texts to reveal hidden gems. Readers will enjoy along overdue, rational expos of cultural beliefs, and a uniquelook at Torah's deep insights. Free 33 page preview at right...

by Rabbi Moshe Ben-Chaim, Founder Mesora.org

RELIGIONofREASONRELIGIONofREASONRELIGIONofREASON

Are your beliefs trueor simply popularamong other Jews?


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eekly Journal on Jewish Thought

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feb. 17, 2012

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Were Not Ready

MoshiachWithout correcting the trend, Jews willfail to relate to Moshi ach properly.

Knowledge and

Love of GodIs one greater? Can we love Godwi thout kn owledge of Hi m?

Understanding

SuperstitionThis common practice shares thesame roots as idolatry.

Weekly Parsha

PietyThe true test of mans perfection;relating to others as himself.

Weekly Parsha

Two LawsWhat is the relationship between theWritten and Oral Laws?

Why so vital?

KaddishWhat renders this prayer distinct?What is its true objective?

It is not that I am smarter;but that I remain with a

problem longer.

Albert Einstein


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itnessing the Jews idolatrousworship of the Gold Calf, Moses

rightfully destroyed the Tablets thatpossessed Gods miraculous writing. AsDivine objects, Moses knew the Jewswould treat the Tablets even worse thanthey had treated the inanimate Calf. Theintended lessons revealed in the Tabletswould be discarded in favor of relating tothese Divine items in a superstitiousmanner.

There is little difference between thoseancient Jews who sinned by deifying thatgold statue, and todays Jews who sin byattributing powers to a red string and othernonsense. In both cases, Jews haveabandoned the lessons of the Patriarchs,Matriarchs and Prophets; great peoplewhom God recorded for their exemplary

philosophies and practices. Theseperfected individuals never viewed physi-cal items as powerful, or greater than God.

Such heresy was alien to their sense ofreality. When in need, they prayed to God:no intermediaries, no amulets. This issensible, since an intermediary or amulet

possesses no abilities at all, whereas Godcontrols everything, as He created every-thing. Perfected individuals throughouttime distinguish truth from fallacy;

between God and inanimate creations.And God clearly prohibits mankind fromsuccumbing to his weak insecuritiesseeking quick fixes in the form of supersti-tious practice:

You must not eat on blood. You mustnot act on the basis of omens. And youmust not act on the basis of auspicioustimes (Lev 19:26).

Here, God instructs us to refrain fromacting in a manner that is unsupported byreality. Eating with blood was imagined to

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(continued next page)

RABBI MOSHE BEN-CHAIM

create a camaraderie with the demons(Maimonides). Seeking signs or amuletswas believed to protect, as was acting oncertain dates. But all such practices areunrelated to the natural course of causeand effect. As the world's events are due tonatural properties and the above acts arenot, there is no control we exert with such

practices. If we wish success, we work. If

we desire a home, we build it. If we aresick, we take remedial action and correctour diets. But if we were to address any ofthese needs by wearing red strings,

bowing to gold statues or acting at 12:00and not 12:01, we would remain in need.

No effect would occur. As these acts areuseless, God prohibits them (Ibn Ezra).

To the intelligent person, this is soobvious. One wonders why there exists aneed to speak of this topic at all. But theneed has never been greater

Last week, the Jewish Press newspaperagain misrepresented Torah, giving licenseto Rabbi Gershon Tannenbaum to promotefalse ideas. Not only is the Jewish Pressirresponsible in failing to research theTorah before promoting red bendels, butthe publishers and the author sin greatly.Maimonides teaches, those who misleadthe masses, sin grievously (Laws ofTeshuva 4:1):

Twenty-four matters prevent repen-tance. Four of them are most severe sinsand one who commits one of these four,God will not allow that person to repentdue to the greatness of the sin. These

four are: 1) Causing the masses tosin

Maimonides is clear: misleading themasses (here, encouraging Jews to violatesuperstition) will meet with Gods removalof that persons repentance. What can beworse? Over the years, the Jewish Presshas promoted stories on human deifica-tion, Rebbes who work miracles, Chassi-dish silver rings, etc. If a publicationwishes to represent itself as Jewish,certainly, as orthodox, it must be familiarwith the Chumash, the Five Books. TheJewish Press and Rabbi Tannenbaum donot follow the hierarchy of Torah authority:Gods words trumps all others. So thesources Rabbi Tannenbaum cites support-

Judaisms Fundamentals

W

AWHY WERENOT READY

FOR HIM

MOSHIACH


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ing red bendels as powerful, are of noavail, since God prohibits it. RabbiTannenbaum writes:

Some have likened the red strings ofKever Rachel to superstitious practicesresembling idol worship as described inTosefta Shabbos 7:1, where certain

practices, including tying a red stringaround ones finger, are prohibited

because of darchei emori.

It is alarming that the Rabbi dismissesthe Toseftas clear prohibition, sayingSome have likened the red strings ofKever Rachel to superstitious practices. Afurther distortion is that the Rabbi does notcite the Torah source above prohibitingsuperstition, or Torah, Neveim and Kasu-vim where superstition is never practiced

by a single Prophet. He continues to citeRabbis who say the following:

it is an established segulah to

ward off pains and the evil eye, forfertility, easy birth, and more.

it is an old custom to tie the redstring around the neck or wrist, as a

protection against many dangers,especially for pregnant women. Firstone should wind the string around themonument at Kever Rachel, thus trans-

forming it to a segulah, proven effectivetime after time.

It is well known that our mothers andgrandmothers did so from the earliesttimes, and that it is a tradition passed

down from generation to generation.

Rabbi Gershon Tannenbaum rejectsGods command, while the incomprehen-sible and baseless claims of some Chassi-dishe Rabbis are promoted instead. This isnot Torah, but human worship. The attach-ment to man has blinded Rabbi Tannen-

baum, the Jewish Press, and many genera-tions. Organizations likeWesternWallPrayers.org and promoterslike FutureSimchas.com also promote theviolation of superstition, selling prayers atthe Wall, as if God cannot hear man from

any location.

Jewish leaders and those possessing avoice have a huge responsibility toaccurately study Torah before presenting a

notion as Jewish. Sadly, in this case,Torah study is ignored and what is popularhas become accepted.

Had God granted Moshiach to us today,it appears that Jews would relate to himlike they relate to Rebbes and red bendels:they would view him in a superstitiouslight, the antithesis of Gods intention in

brining a messiah. God wishes us to focuson Him, not powerless men or amulets.

Until a generations leaders will studyTorah, learn what is true and what is false,and only then speakMoshiach might beof no benefit. Nonetheless, whether we areready or not, we anticipate the coming ofMoshiach and accept that God can usher inthis era at any moment.

On a positive note, it is gratifying that afew Rabbis are outspoken against Torahviolations. These include Rabbi HershelSchachter, Rabbi Reuven Mann, RabbiSteven Pruzansky, Rabbi Bernie Fox and

Rabbi Saul Zucker. May other Rabbis, theJewish media and Jewish organizationsfollow their lead, for when they speak, theyrepresent Gods Torah, not mans imagina-tion.

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(continued next page

eader: It seems that yourviews of Judaism are heavilyMaimonidean in scope and

substance. I am wondering how yourespond to views of other Rishonim, suchas Hasdai Crescas, who critique theMaimonidean approach.

In "Or Hashem", Crescas tries to provethat the soul not the mind holds the

potential for knowledge. After this step he

argues that the true goal of the soul is notrational knowledge but the love of God. Inthis argumentation, Crescas criticizes theopinion of Maimonides that love of God isa function of knowledge. According toCrescas, love is related to the will, whichitself is the concordance of the appetitiveand imaginative parts of the soul and isnot related to the mind. Moreover, the trueessence and the true goal of the soul is notto acquire knowledge on this view, but todelight in loving God.

he considers to be the traditional Jewishview. He first tries to prove that theopinions of the Aristotelians are philo-sophically mistaken, and then goes on toargue that what he considers to be thetraditional view is philosophically true.

In the opinion of Maimonides, themajority of the commandments (and all ofthe practical commandments) are only

intermediaries to achieving philosophicalknowledge, which is the supreme goal ofhuman endeavor. This opinion is one ofthe more problematic aspects ofMaimonides from a traditional point ofview. Through his critique of the Aristote-lian view, Crescas builds a defense ofwhat he considers to be the traditionalview of the commandments as the way toachieve the highest religious and spiritualgoals.

Rabbi: Firstly, Maimonides does not

stop at knowledge as the final objective;love of God is a command that heendorses. Secondly, Maimonides teaches,"In proportion to one's knowledge is hislove of God." Now, according to yourview of Crescas, how can one love some-thing without knowledge of the lovedobject, or more than one's knowledgeallows? A man cannot love a woman hehas never met. But once he meets her, loveis possible; his continued acquisition ofhis knowledge about her fine qualities canalso increase his love. One cannot loveGod, if he has no knowledge of God.

Would you not agree?

Reader: I agree that one cannot love Xwithout having at least some knowledgeof X. Indeed, one cannot have any attitudetoward any X without having someknowledge about what it is that hisattitude is directed toward. However, thefact that some knowledge of God is neces-sary for love of God doesn't entail that (a)knowledge of God is suff icient for love ofGod or that (b) the state of knowing Godalone is superior (in terms of the perfec-

tion of the individual who is in that state)to the state of loving God.

For instance, it is possible for one toknow everything that there is to knowabout a paperclip, or one's wife, withoutthat knowledge translating into love of the

paperclip or one's wife. Nor does thismean that one's knowing about one's wifeis better than loving one's wife. It is truethat one must know one's wife in order tolove her, but it is not the case that knowingone's wife entails loving her, or that know-

According to Crescas, the easiest way toexpress love for God is to do what Hecommands. It is the reason why the Torahand particularly the commandments thatare integral to it are the best way to attainspiritual reward after death. After theseparation of the soul from the body, thesoul stands by it and naturally wants toexpress its true essence (loving God). Ifthe soul loves God in this world, it

becomes joyous and can now love Himmore, as bodily temptations no longerdistract us. This rapture is the reward ofthe just individuals in the hereafter. But ifa person does not fulfill the love of God inthis world, the soul becomes despondentat his or her rebellion against God in thecorporeal world, an error that it plainlyunderstands after the death of the body.

In his critique of the Aristotelianposition on these subjects, Crescas tries toconstruct a philosophical defense of what

R

Letters

a Dialogue:

Knowledgeand Love of

GODRabbi Moshe Ben-Chaim


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feb. 17, 2012

ing her is better than loving her.Moreover, as Maimonides himself suggests, our knowledge of

God is exceedingly limited. Indeed, He is unintelligible in anypositive terms, thus, "he who affirms [positive] attributes ofGod" argues Maimonides...unconsciously loses his belief in God.For "in reference to God, in whose real existence there is no

plurality, it is impossible that one thing should be known, andanother unknown." (LX.88) However, despite the epistemicconstraints present on our knowledge of God, it seems that ourlove of God is not limited.

So, perhaps human perfection consists not in the little knowl-edge of God that is obtained by negation, but rather in love ofGod. The little knowledge of God that we may have perhapsserves only the "fix the reference" of our love, i.e., to direct ourlove toward the proper aim.

Rabbi: Would you say that 2people can have identical "knowl-edge" of God, but experience highlydivergent degrees of "loving" God?

Reader: It certainly seems

plausible for two people to haveidentical knowledge of God, but forone to manifest love of God morethan the other. Person A and personB might have the same knowledge,

but A could disregard God'scommandments while B abides bythem. Having knowledge of Xdoesn't seem to entail love of X.

Forgive the anthropomorphism,but two brothers may have the sameknowledge of their father, but onefollows his father's word and mani-fest love more-so than his brother.

The source of the former's insubordi-nation needn't be a lack of knowl-edge.

Rabbi: I question your conclusion.I suggest that if two people haveidentical knowledge, they will haveidentical love.

However, if their love varies, thenthis must be explained by the one with lesser love as havingfaulty knowledge (lesser) knowledge. He in fact cannot expresshis love due to some ignorance; i.e., he values money more thanis proper, so he spends less time loving God. This would be

considered lesser knowledge of God, since money is overesti-mated and belittles his potential love of God. But two people withidentical knowledge, and no emotions clouding the expression ofthat knowledge or obscuring the knowledge itself...will haveidentical love.

Alternatively, if both people possess identical knowledge, butone is more expressive in his love, I question that this is true"love", or love of "God." It may simply be an emotion to "express"more, with nothing to do with his knowledge, in such case it isnot a better state, but worse.

Reader: I am not doubting whether knowledge and love arerelated; indeed they must be one cannot love anything withouthaving some knowledge of that thing. Knowledge seems to be anecessary, but not sufficient condition for love.

Rabbi: You say "Knowledge seems to be a necessary, but notsufficient condition for love." I ask, what else can generate love,if it is not knowledge? I contend there is no other means to lovingGod, other than that single faculty of intelligence; the singlehighway to understanding God as far as humanly possible.

Reader: The key question can thus be put crudely as follows:what is Man's ultimate felicity? Contemplation of God throughthe acquired intellect or love of God? While the latter may

require a certain degree of theformer, is the perfected person theone who merely knows the good, orthe one who loves the good anddesires it? Does the Torah establish a

political order in which only anintellectually gifted few can attain

perfection, or does it provide toolscapable of enabling and ennobling

all?

Rabbi: 1) Perfection is attained onmany levels...it need not be all ornothing. 2) I maintain that when oneis impressed with a marvel ofcreation, this automatically results ina certain appreciation, or love of theCreator, unlike your paperclipexample where knowledge does notnecessitate love.

Additionally, when marveling atcreation and God's wisdom, one

wishes to probe further. The knowl-edge is the sole catalyst for the love,which is expressed naturally as aresult. I do not argue whether knowl-edge is of the faculty of intelligence,or if love is a function of anotherfaculty called soul. I merely contendthat love is a natural result, and notdue to some volition despite our levelof knowledge. It is natural to admire

the Orchestrator of our stupendous creation. A person cannotartificially manufacture love from another source of his psycheor soul.

In the end, we can only recognize God through our intellects,

our soul. He is not perceptible via the senses. And as all wepossess are these two faculties (intellect and senses) it is theintellect alone that offers us knowledge of God. Until we possesstrue knowledge of Him, we cannot love Him. But once we doattain such knowledge, we can love Him, and grow in that love indirect proportion to our knowledge, as Maimonides taught.

You suggest Crescas maintained all man needs is some knowl-edge of God, and then he can engage in loving God to the nthdegree. But I see no reasonable explanation that would explainhow one can love God more than his knowledge dictates.


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jewishtimes 10 feb. 17, 2012

You must not eat on blood.You must not act on the basisof omens. And you must notact on the basis of auspicioustimes (VaYikra 19:26).

Parshat Kedoshim includes many prohibi-

tions regarding occult practices and supersti-

tions. We are not permitted to base decisions

upon omens or adopt behaviors associated

with the occult. Maimonides includes all of

these prohibitions in the section of his code

devoted to idolatry. He explains that supersti-

tions and occult practices were used by the

idolaters to deceive their followers. He

further explains that it is incorrect to maintain

that there is any value or wisdom to these

practices. Superstition and occult ritual are

foolish and of no benefit.[7]

It is readily understandable that belief in the

occult is associated with idolatry. However,

we need to understand the relationship

between superstition and idolatry.

Superstition is based upon human imagina-

tion and fantasy. It attempts to create order

and security in an ever-changing world. For

example, journalists have noted that many

professional athletes develop involved rituals

or adopt specific practices which they

believe will bring them good fortune. In gen-

eral, all omens and superstitions are

designed to provide either insight into the

future or protection from mishap. In short,

superstition involves a flight from reality.

Truth is too harsh. The fantasy of superstition

provides solace.

The Torah requires that we approach life

and the universe intelligently. The Torah

implores us to understand reality and find

truth. This search, honestly conducted, inevi-

tably results in an appreciation of the Creator

and His Torah. The perspective and attitude

underlying superstition is antithetical to the

Torah perspective. Escape from reality

results in an outlook that has no basis in truth.

A superstitious perspective can only produce

a fanciful and implausible theology. This the-

ology is a projection of the individuals imagi-

nation upon reality.

Idolatry and superstition have identical

roots. The idolater does not base religious

beliefs upon wisdom and truth. Inspection

and investigation are replaced by projection.

The theology of the idolater is an expression

of the imagination not tempered by serious

thought. The connection is now clear.

A person guided by superstition has suc-

cumbed to the very attitude that underlies

idolatry.

Superstition Leads to

IDOLATRYRabbi Bernie Fox

THE FIRST COMMANDTHE FIRST COMMAND


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DisprovingSegulas (pg 189)


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feb. 17, 2012


Weekly Parsha

THETRUETEST

OFPIETYThis weeks Parsha, Mishpatim, deals with civil laws that govern

the interactions of people, especially those having economic conse-quences. Theft, property damage and physical assault are some ofthe topics touched upon in this sedra. While there is no doubt aboutthe practical necessity for these ordinances we need to understandtheir religious significance. Ramban quotes the Midrash whichstates, The entire Torah depends on Justice, therefore the Holy Onegave the civil laws after the Aseret Hadibrot. At first glance thisstatement is puzzling. Religion is generally associated with spiri-tual activities such as prayer, study and mitzvot. While everyoneacknowledges the need for appropriate social behavior, its religious

importance is not fully appreciated. A disparity can be discerned inthe way some people relate to ritual as opposed to ethics. Some may

pray with great fervor and be exceedingly strict in what they acceptas kosher, and yet fail to display the same intense reverence in theirtreatment of others and conduct of business.

Our parsha is teaching us of the supreme religious importance ofethical and moral behavior especially as it relates to others. All of thelaws of Mishpatim can be subsumed under the banner of You shalllove your fellow as yourself. This ideal has been challenged asunrealistic since it is contrary to the selfish nature of man. Let usadmit that we are narcissistic beings whose primary concern is our

personal gratification. Is it reasonable to demand that we love everyJew as we love ourselves? There are, of course, certain relationships

in which one values his friend so much that he will sacrifice every-thing, if need be, for his welfare. Parents are prepared to give up theirlives for the sake of their children. However, the Torah goes way

beyond these limited instances and requires that we love every Jew,even a total stranger, as we love ourselves. How is this possible toachieve?

Hillel, the great Talmudic sage provided a brilliant exposition ofthis imperative. He said, That which is distasteful to you, do not dounto others. We are obliged to treat others as we would want themto treat us. As Rambam teaches, just as we are concerned for ourwelfare, property and honor, so should we be solicitous of the dignityand concerns of others. This is contrary to our natural feelings. We

are very sensitive to the slightest insult, real or imagined, yet aregenerally not as protective of the feelings of others. The Torahteaches that we cannot base our behavior toward fellow humans onthe basis of our emotions. This is a true test of our connection toHashem. If our love of G-d is of the narrow, self serving kind, inwhich we serve Him for the sake of what He will do for us, then our

primary attraction will be to the ritualistic aspects of Judaism. Wewill pray with great focus and perform mitzvot conscientiously

because this caters to our desire for Divine protection. Such a personwill not be as attracted to those commandments in which we are

bidden to do things for the benefit of others, especially if they are

strangers.We are exhorted by parshat Mishpatim to strive for the level of one

who serves Hashem out of love and not only for personal reward.Such a person cultivates a sense of awe for all of G-ds creationswhich exhibit His infinite wisdom and compassion. This will affecthis attitude toward his fellow human beings. He does not regardhimself as the center of the universe. Rather, he considers himself to

be a special creation of Hashem whose uniqueness lies in theDivine soul with which he has been endowed. His respect forothers is based on his awareness that they too have been created inG-ds image, and as such are entitled to the same rights and

privileges he enjoys by the will of Hashem. He realizes that allpeople are equal in the sight of their Creator, and that mistreatment ofothers violates the will of Hashem and negates the fundamental

principle of, In the Image of G-d He created him, male and femalecreated He them.

We can now understand why the entire Torah is contingent onjustice. The purpose of all the mitzvot is to perfect our naturethrough recognition and love of Hashem. No area of Torah requiresthat we overcome our primal narcissism and act in accordance withobjective truth more than that of ethical and just behavior in ourdealings with others. The meticulous fulfillment of these laws canelevate us to the level of those who serve Hashem out of love. That isthe objective of the entire Torah. May we merit to attain it.

Shabbat Shalom.

RABBI REUVEN MANN


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And Hashem said to Moshe: Ascend themountain to Me and be there. And I will

give you the stone Tablets and the torahand mitzvah that I have written for you toteach to them. (Sefer Shemot 24:12)

1. The Torah is comprised of aWritten and Oral Law

Parshat Mishpatim continues the enumera-tion and explanation of the Torahs command-ments and laws that began at the end ofParshat Yitro. The end of Parshat Mishpatim

returns to the events at Sinai. In thesepassages, Moshe is instructed to ascend themountain and there he will receive the Luchot

the Tablets of the Decalogue, the torah andthe mitzvah. The term torah generally isused to refer to the entire body of law thatincludes the individual mitzvot. However, inthis passage it is clear that the terms torahand mitzvah refer to two mutuallyexclusive entities. In this context to what dothese terms refer?

Rabbaynu Avraham ibn Ezra and othersrespond that the term torah refers here tothe Written Law. The term mitzvah refershere to the Oral Law. This interpretation isdrawn from the comments of midrash.Maimonides expands on these comments. Inhis very first remarks introducing his code oflaw Mishne Torah he interprets the above

passage. He explains that, in the abovepassage, the term torah refers to the WrittenLaw and that the term mitzvah refers to itsexplanation.

2. The relationship between theWritten and Oral Laws

Maimonides comments add to theinterpretation of Ibn Ezra. Maimonidescomments include a description of therelationship between the Written and the OralLaws. The Oral Law provides the interpreta-tion of the Written Law. In itself, the WrittenLaw is often vague or confusing. The OralLaw provides the interpretation andcommentary required to understand and

properly observe the Written Law.

Six days you shall perform your tasksand on the seventh you shall rest. (This is)

so that your oxen, and donkeys will restand the son of your maidservant and yourconvert. (Sefer Shemot 23:12)

Shabbat is one of the commandments

included in the Decalogue. Parshat Mishpa-tim returns to the discussion of Shabbat.

Shabbat is a day of rest. Nowhere does theTorah actually describe in precise terms themeaning of the admonition to rest on Shabbat.However, the Oral Law provides directionsfor fulfilling the commandment. It is the OralLaw that identifies the thirty-nine majorcategories of prohibited activities and theirmany derivatives. This is an example of therelationship between the Written and OralLaws. The Written Law provides a brief and

basic description of the commandment. Inthe instance of Shabbat, the Written Lawcommands that we rest on Shabbat. The OralLaw provides the additional detail that is

essential for observance of the command-ment. In the example of Shabbat, it provides adescription of those activities from which weare required to rest.

And his master shall bring him close tothe judges. And he shall bring him close tothe door or to the doorpost. And he shall

pierce his ear with an awl. And he will behis slave forever. (Shemot 21:6)

3. The freeing of the Jewish

servant with the arrival of the

Jubilee yearThe above passage provides anotherfascinating example of the relationship

between the Written and Oral Laws. Theparasha describes the laws governing aJewish slave or servant. The Torah allows fora Jewish male to be sold into servitude in twocircumstances. A Jewish man can be sold bythe court. This occurs if the individual isconvicted of stealing and cannot repay thevictim. The court sells the thief into servitudeto another Jew. The proceeds of the sale areused to reimburse the victim of the theft.There is a second circumstance in which

servitude is permitted. If an individual is indebt and cannot repay his creditors, he maysell himself. The proceeds are used to repaythe creditors.

In both of these cases the sale is for asix-year period. If the Jewish servant wishesto remain with his master, then the master andservant must consult bait din the court. Theabove pasuk describes the procedure forextending the term of the servitude. The

pasuk explains that the ear of the servant is

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(continued on page 15)

Weekly Parsha

Reconciling the

Written &Oral LawsRabbi Bernie Fox


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pierced against the doorpost of the court. Thepasuk states that as a result of this procedurethe term of servitude is extended forever.Targum Unkelus interprets the passage in avery literal sense. According to this interpre-tation, the passage indeed requires that theservant remain in bondage indefinitely.Rashbam suggests a very similar interpreta-tion. He explains the passage as meaning thatthe servant remains in servitude for the

duration of his life. However, both of theseinterpretations seem to contradict theinterpretation of the passage provided by theOral Law. The Oral Law teaches that theservitude is extended only to the Yovel theJubilee. At the Jubilee the servant must befreed. The Talmud explains that the termforever is not to be understood literally. Itshould be interpreted to mean until Yovel.

4. A reconciliation of the Writtenand Oral Laws

How can the message of the Written Law asconfirmed by Unkelus and Rashbam be

harmonized with the Oral Laws interpreta-tion of the passage? A possible answer isprovided by an interesting comment ofNachmanides. Nachmanides explains thatthe above passage is not the source for therequirement of freeing the slave at the Jubilee.Instead, the source is found in Sefer VaYikra.There, the Torah explains the restoration law.This law states that at the time of the Jubileeevery man returns and is restored to his

portion of land in the Land of Israel. In otherwords, each person is restored his ancestrallegacy in the Land. According to Nachman-ides, the Talmud concludes from this require-

ment that the servant too is released andrestored to his legacy. Nachmanidesacknowledges that the Talmud interprets theterm forever in the above passage to meanuntil Yovel. However, he suggests that thisinterpretation is only intended to reconcile the

passage with the restoration law in SeferVaYikra.Nachmanides assertion that the servants

emergence into freedom with the Jubilee isderived from the restoration law in SeferVaYikra has an important implication. Itsuggests that the servant is not freed becausehis period of servitude has reached its natural

termination with the arrival of the Jubilee.Instead, it seems that the servitude has nonatural termination as suggested by theliteral interpretation of forever. Servitudeends because the Jubilee arrives and therestoration law takes effect. Every person even the slave must be restored to his legacy.

An analogy will help clarify this distinction.Marriage creates a relationship between manand woman. This relationship continuesindefinitely. These two individuals mayterminate the marriage, after any period,

through divorce. Nonetheless, it is proper to

say that, by nature, a marriage represents anagreement to enter into a relationship for anindefinite period.

The piercing procedure, like marriage,creates a relationship that is indefinite inlength. However, as in the case of marriage,this relationship is subject to terminationthrough an outside force. In marriage thisoutside force is divorce. For the servant, thisagent is the Jubilee.

Apparently, Unkelus and Rashbam shareNachmanides view. These commentatorsmaintain that the Jubilee does not represent alimitation of the period of the servitude.

Indeed, the period of servitude does extendindefinitely or throughout the life of the slave.This is the message of the term forever inthe passage. However, the Jubilee interruptsthe servitude and ends it.

5. An alternative reconciliation ofthe Written and Oral Laws

Rabbaynu Avraham ibn Ezra offers anotherapproach to reconciling the Written Law tothe Oral Law. He suggests that term forever leolam in the pasuk means until the Yovel.How is this possible? He explains that the

term leolam can best be translated as for anage. Adopting this translation transforms themeaning of the passage. It is telling us that asa result of the ear piercing procedure theservitude is extended for an age. Now, the

period represented by the term age must beidentified. According to Ibn Ezra, an agemust be the longest calendar unit recognized

by halachah.Halachah recognizes various calendar

units. These units include day, week andmonth. Halachah also has created two

calendar units that are composed of groups of

years. Six years followed by a seventhSabbatical year is recognized as a unit. Sevenof these units contain forty-nine years. Thefiftieth year is the Yovel. This fifty-year

period is the largest calendar unit used byhalachah. Ibn Ezra explains that this is theage specified in the pasuk.

6. Two distinct approaches toreconciliation

These two interpretations suggest differentapproaches to reconciling the Written andOral Laws. Nachmanides seems to suggest

that the Written Law and Oral Law doactually suggest different messages. Our

passage suggests that the servants period ofservitude extends indefinitely. This does notconform to the actual law derived from theOral Law. However, the Written Law

presented by Parshat Mishpatim is composedin a manner that seems to contradict the OralLaw in order to communicate a deeper andmore meaningful understanding of the law.The contrast between the Written and OralLaws alert the student that the servantsservitude is not naturally limited to a fiftyyear period. Instead, it ends at Jubilee

because it is interrupted and canceled by therestoration law. Unkelus and Rashbam seemto accept this perspective.

Ibn Ezras interpretation suggests analternative approach to reconciling theWritten and Oral Law. His approachresolves the perceived conflict. The OralLaw provides interpretation and meaning.The Oral Law forewarns the reader toreplace forever with for an age and then

provides a meaningful interpretation of theterm age.

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ever the Israelites go into the synagogues andschoolhouses and respond: May His great name beblessed!(yehei shmei hagadol mevorach) the

Holy One, blessed be He, shakes His head and says:Happy is the king who is thus praised in this house!Woe to the father who had to banish his children,and woe to the children who had to be banished

from the table of their father

This should seem like an odd story to most people.Beyond the anthropomorphic liberties being taken,how do we begin to understand this lamenting by God?And what is so important about this specific prayer?

There is another, more well-known reference in theTalmud depicting the importance of yehei shmei rabba(Shabbos 119b):

R. Yehoshua b. Levi said: He who responds,Amen, May His great Name be blessed, with all hismight, his decreed sentence is torn up, as it is said,When retribution was annulled in Israel, For thatthe people offered themselves willingly, Bless ye the

Lord: why when retribution was annulled?Because they blessed the Lord.

This should seem to be even more troubling. Whattype of formula is this? What is this causal relation-ship? And why this specific tefila?

The fact that the Talmud isolates this particular linefrom kaddish indicates one important fact: the essenceof kaddish, the main idea of this tefila, can be found inthis one line recited by the chazzan and the congrega-tion. What is so important about this one line?

The Aruch Hashulchan (OC 55:1), when discussingkaddish, offers us a brief history of its development. He

writes how this prayer was introduced by the AnsheiKneses HaGedola soon after the destruction of the firstTemple. In essence, this tefila is addressing the chillulHashem, or desecration of God, that emerged fromthese devastations, including the destruction of theTemple and ravaging of Eretz Yisrael, as well as thediaspora of Jews across the world. The tefila, then, isthe verbalization of our desire for the name of God to

become great and powerful throughout the world.This serves as a much needed introduction into

understanding the importance of kaddish. When wethink of the terrible sequence of events involving thedestruction of the Bais Hamikdash and subsequentexile, we are faced with our f laws and defects, and how

these led to the dreadful yet necessary consequences.We are reminded about these flaws every day that wedo not have the Redemption, the door open for repen-tance. However, that is Bnei Yisrael looking inwards.There is an equally important idea that was the directresult of the Temple's destruction, and this is thedesecration of the name of God. But what exactly isthis referring to? One idea of chillul Hashem(desecration of God's fame) is an active engagement inthe defilement. For example, someone who violates


Nobody would argue that kaddish has acentral place in Jewish practice today. In theminds of many, it is the centerpiece of

aveilus, mourning. At any given moment in a shul,there are numerous mourners reciting this tefila, andmissing this opportunity is viewed as almost sacrile-gious. Would it be surprising to know that there is noTalmudic source for a mourner reciting kaddish? (Itfirst appears in Maseches Sofrim, but only referring tothe time of the burial) Kaddish also presents itself inthe order of tefila, inserted by Chazal at various points,reiterated throughout tefila. In fact, it is the most often

repeated of all prayers. Why? Furthermore, it happensto be that the one halachic reference to kaddish in theTalmud refers to reciting it after completing somelearning of Torah (a vague reference, to be sure). What,then, is the common denominator here? How couldone tefila be relevant to mourning, the order of tefilaand learning Torah? We will set out to explore thisimportant tefila over the next several articles.

The starting point for this endeavor lies in two placesin the Talmud, along with some commentary byTosafos. In Maseches Berachos (3a), we find a conver-sation between Eliyahu HaNavi and Rabbi Yose.Rabbi Yose had chosen to pray in one of the ruins of

Yerushalayim. After some back and forth, Rabbi Yosereported hearing a Divine voice, telling him thefollowing:

Woe to the children, on account of whose sins Idestroyed My house and burnt My temple andexiled them among the nations of the world! And he

said to me: By your life and by your head! Not in thismoment alone does it so exclaim, but thrice eachday does it exclaim thus! And more than that, when-

Prayer

PART I

KaddishWhy is it so Important?

Rabbi Dr.Darrell

Ginsberg


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Shabbos in public is engaging in chillul Hashem. Butthere is another concept of chillul Hashem - namely,the inability to completely sanctify God. As long as theBais Hamikdash lies in ruin and Bnei Yisrael exiled,and as long as the redemption does not materialize,there is no mechanism that allows for a completesanctification of His name. As the Jewish people, we

play an essential role in bringing this about. Therefore,

we see in this tefilah a unique request from us to God.We are not requesting any self-benefit whatsoever. Weare not turning to God for our needs. We are not

beseeching God to elevate ourselves. This tefilafocuses our attention on the importance of sanctifyingthe name of God in the world, how much we desire forthis result. And this can only emerge through the geulaasida, the future Redemption.

This explanation can now help us with the two ideasin the Talmud. In the first story, God laments thecurrent state of affairs, provoked to this feeling by therecitation of yehei shmei (not literally, of course). Whatthis could be referring to is the resulting chillul

Hashem that emerged from the Temple's destruction.Bnei Yisrael had to be punished in such a manner fortheir straying from God. But in doing so, the ability formankind as a whole to embrace God was nowinterrupted, only to be fulfilled in the times ofMoshiach. The recitation of this tefila reflects the greatimportance we place on the chillul Hashem that existstoday. God is noting, so to speak, this reality that

emerged from the Temple's destruction. However, BneiYisraels involvement in this tefila demonstrates ourunderstanding of this loss. The importance of this ideais the main feature of the statement of Rabbi YehoshuaBen Levi. Tosafos points out that the idea of saying thistefila with all of ones might (koach) really means withall his intention (kavana). Does this mean one should

be closing his eyes even tighter when reciting this

tefila? Doubtful. Instead, what Tosafos is telling us isthe need for this idea to be internalized. The impor-tance of the inability for God to be completely sancti-fied in this world must be clear to us, evident in ourrecitation of kaddish. If this idea is truly clear to us, itcan have a powerful result. One should not simply

believe that kavana in kaddish means he is forgiven forall his sins; putting aside the causal absurdity of such aconcept (it completely negates teshuva), what need isthere then for Yom Kippur? What it could mean here isthat his relationship with God changes, in so far as howman views God, provided this idea is internalized.When man is able to view the importance of Godsname being sanctified in the world at large, he is

demonstrating a greater understanding of God. Hesees God in a different way, and this by definitionchanges how he relates to God.

At this juncture, we can see how important the tefilaof kaddish is. The question that we must now take up isits halachic evolution, which we will get to, bezrasHashem, next week.


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