Sunday, February 12, 2012

The One-Way Street

Some observations:

- Modern Orthodox/ Dati Leumi synagogues support Charedi charities, but Chareidi synagogues do not support Modern Orthodox/ Dati Leumi charities.

- Modern Orthodox/ Dati Leumi synagogues often have Chareidi rabbis, but Charedi synagogues never have Modern Orthodox/ Dati Leumi rabbis.

- Modern Orthodox/ Dati Leumi synagogues and organizations often have Chareidi rabbis as guest speakers, but Charedi synagogues and organizations never have Modern Orthodox/ Dati Leumi rabbis as guest speakers.

- Modern Orthodox/ Dati Leumi schools often have Charedi rebbeim, but Chareidi schools never have Modern Orthodox/ Dati Leumi Rebbeim.

- Modern Orthodox/ Dati Leumi Jews often fund Chareidi publications, but Chareidi Jews never fund Modern Orthodox/ Dati Leumi publications.

It's frustrating that Chareidim do not respect the Modern Orthodox/ Dati Leumi. But it's even more frustrating that Modern Orthodox/ Dati Leumi do not make more of an effort to perpetuate their own existence, and then complain about Chareidim.

(In other news - my Torah Tour of the National Zoo in Washington tomorrow has been replaced by a two-part multimedia presentation on the Animal Kingdom In Jewish Thought, at Beth Sholom in Potomac at 2.30pm, entrance donation $10.)

Friday, February 10, 2012

Extraordinarily Extravagant Exaggerations About Rav Elyashiv

Rav Yosef Shalom Elyashiv is an extraordinary person. He is extraordinarily brilliant. He is extraordinarily dedicated to learning Torah. He has survived to extraordinary age, notwithstanding his fragility.

Nevertheless, this editorial from Yated/ Matzav about his critical condition contains some extraordinarily extravagant exaggerations, which illustrate the problematic state of rabbinic authority in the chareidi world.

"We were confronted with a life-changing crisis and shocked out of our stupor when we heard news from Eretz Yisroel on Monday about the health of Rav Yosef Shalom Elyashiv. We have been hearing for several weeks now about his precarious situation, but each time, we davened and merited a strengthening of his situation. We began, perhaps, to take it for granted and slacken off in our tefillos for the posek and amud hador. We have it so good. We have had it so good for so long that we couldn’t imagine it being any other way."

We have had it good for so long? We are confronted with a life-changing crisis?

What were the recent rabbinic decisions issued in the name of Rav Elyashiv (and it's impossible to know how much he was actually involved with them) that were so invaluable? Was it banning charedim from seeking any form of professional training, and thereby condemning them to poverty? Was it banning Mishpachah? (Well, I guess that one was certainly invaluable to the Israeli Yated, and possibly also helpful for the American Yated.)

For many years now, the public pronouncements of Rav Elyashiv have been deeply problematic at best. They have often been issued without any attempt to hear the claims of the defendants. As Mishpachah magazine pointed out, this is a grievous abuse of rabbinic authority. Things have gotten so bad that YNet ran an article entitled "The Posek of the Generation is Disconnected from the Generation." To judge Rav Elyashiv favorably, once could say that all this is due to his being manipulated by the power-hungry zealots who control access to him. Even if this is the case, it still means that it is far from accurate to say that "we have had it good for so long." And it's a "life-changing crisis" for the power-hungry manipulative zealots who will no longer be able to manipulate him, not for the rest of the nation.

Then there's the way that the article portrays Rav Elyashiv as the halachic mentor for Rav Yitzchak Herzog. Now, it could well be that Rav Elyashiv contributed valuable analyses to Rav Herzog. But Rav Elyashiv went to hear shiur from Rav Herzog, not the other way around! He was his talmid, not his rebbe!

Praising people with false praise is not doing them, or the Jewish People, a service. And people should be placing rabbinic authority where it traditionally belonged: with local rabbis who are in touch with their flock, not centenarians who are cut off from the world and manipulated by askanim.

Thursday, February 9, 2012

A Dangerous Gamble

(Apologies for the delay in posting - I've been overwhelmed with my lecture tour as well as under the weather.)

Many readers misunderstood the point of the previous post, When The Winds Below. Which is my fault entirely, because I didn't spell out what my point was.

I was not getting into the topic of whether Rav Moshe Feinstein and others intended the term nishtaneh hateva as a euphemism for saying that Chazal were mistaken. I've heard Rav Moshe Tendler insist that he did, and others insist that he didn't. That's a fascinating issue to ponder, but it wasn't my point.

I was also certainly not making any point about changing halachah. On the contrary; I favor the approach of Rav Glasner and Rav Herzog, in which halachah does not change even if based upon mistaken beliefs.

My point was as follows: It can be very risky and problematic to insist, and make Judaism depend upon, science being wrong about something. Because maybe there's another way of looking at things. And maybe science will turn out to be correct, after all.

Rav Kook writes about how, when faced with a scientific theory that appears to challenge the Torah, one should not take a knee-jerk approach of insisting that it must be false. Instead, one should "build the palace of Torah above it." One should figure out how, even if the scientific theory turns out to be true, Judaism still survives. Then, when one is not religiously threatened by the scientific theory, one is in a better position to honestly assess its merits.

People who insist that the truth of Judaism depends on scientists being wrong about terefos, that the cessation of respiration is never reversible, or about there being no additional animals in the world with one kosher sign, or on there being no fish with scales and no fins, are taking a very dangerous gamble. And also an entirely unnecessary one.

Ride request: If anyone can drive me from Baltimore to New York on Monday, please be in touch!

Friday, February 3, 2012

When The Winds Blow

(REMINDER: Over the next ten days I am giving a number of lectures in the New York, Baltimore and Washington region. See my schedule here for more details.)

One of the sharpest statements against science from the medieval period, often cited by anti-rationalists, is from the great Rashba. The context was with regard to terefos. The Mishnah in Chullin lists certain physical defects that classify an animal as a tereifah, which is prohibited to be eaten, and also gives the general rule that animals with mortal defects are classified as tereifos. The Gemara (Chullin 57b) defines a mortal defect as one that prevents an animal from living for twelve months. A question was addressed to Rashba concerning an animal that apparently possessed one of the defects listed in the Mishnah but did survive for twelve months. Rashba replied:

"If you see or hear someone being lenient and pronouncing it kosher… do not listen to him, do not be drawn to him and let there not be something like this in Israel. Anyone who proclaims such a thing to be kosher appears in my eyes as someone who is raising suspicion on the words of the Sages. I am writing at length on this matter so that a line should be drawn for you and for everyone that fears and trembles at the word of God – and the sanctified words of the Sages of Israel should not become as a broken fence for every fox to breach! …That which the Sages listed in these principles can never, under any circumstances, become permitted… And since this is so, even if many were to come and say that they have seen [animals with these defects living longer than twelve months] we would deny it, such that the words of the Sages should be established, and we should not raise suspicions on the Sages’ words by establishing the words of these people… Let this person testifying and a thousand like him be invalidated, rather than invalidating a single thing from that with the holy Sages of Israel have agreed upon, the prophets and the descendants of prophets, and the words that were spoken to Moses at Sinai… the conclusion of the matter is that it is better to chase after arguments in order to establish [the Sages’] words rather than to dispel their holy, true and established words in favor of establishing the empty words of these people… Everyone needs to preserve the principles that are transmitted through the People of Israel--and even if all the winds in the world were to blow, they will not move us from this place." (Responsa 1:98)

Even though the testimony of two witnesses is considered extremely powerful in Jewish law, Rashba insists that that we would dismiss the testimony of a thousand witnesses who claim to have seen an animal with one of these defects living for more than a year.

Seven hundred years later, however, Rav Moshe Feinstein wrote the following remarkable words:

"…even the Rashba, were he to be alive today, and likewise now that he is in the World of Truth in Gan Eden, would agree that some of those listed in the Mishnah and Talmud as being tereifos are, in fact, able to survive…" (Igros Moshe, Choshen Mishpat vol. II 73:4, p. 308)

This is a remarkable development! The Rashba insisted that all evidence to the contrary must be dismissed, if necessary by way of "chasing after" arguments (i.e. contriving forced arguments). But seven hundred years later, Rav Moshe says that it's just not possible. The evidence is too strong. (Rav Moshe continues to state that Chazal's laws still stand regardless, for reasons that I have discussed in Sacred Monsters.)

There is another, similar, change that took place in a different area of halachah. In the eighteenth century, there was widespread fear that people were being buried alive due to their being mistakenly diagnosed as dead before they had actually expired. Many physicians of that era insisted that cessation of breathing does not suffice and that a thorough medical examination was required. A question arose as to whether a kohen could be the doctor to examine a corpse and certify that death had taken place. R. Tzvi Hirsch Chajes ruled that it was permissible, arguing that the absence of respiration did not conclusively mean that the person was dead and thus the doctor could potentially be saving a life. Chasam Sofer, on the other hand, firmly opposed the idea that a person who was not breathing could be considered even possibly alive:
"When respiration has ceased, one does not further violate Shabbos (in a rescue attempt); and this is necessarily a rule for all deaths, for it is the definition which is accepted in our hands from the time that we became a congregation of God and a holy nation. And even if all the winds in the world were to blow against us, they would not budge us from the position of our holy Torah." (Responsa Chasam Sofer, Yoreh De’ah #338)

This time, it only took two hundred years for the winds to budge us. As Rav Shlomo Zalman pointed out, the cessation of respiration should no longer be used to determine death, since it can be reversed:

"With regard to the fundamental words of Chasam Sofer, in my humble opinion it appears that just as with regard to the law that an eight-month fetus is like a stone and one does not transgress Shabbos on its behalf, certainly the rule has changed in our time, and forfend to rule in that way (of the Gemara)… and one is forced to say that only in the times of Chazal was the fetus given the status of a stone, because at that time they did not know how to enable it to survive, unlike in our time… So, too, in my humble opinion it appears clear that in our time, it is impossible to decide that someone as already died except via the latest techniques which establish the boundaries between life and death. And forfend to rely in our time just on the signs of breathing and suchlike, more than other checks, and to rule with someone under a collapsed building on Shabbos that if his breathing has stopped, and his heart has stopped beating, that he should be left under the rubble and Shabbos not be transgressed on his behalf…" (Shulchan Shlomo, vol. II, pp. 34-35)

Of course, irreversible cessation of breathing can still be used to determine death; but that is not what Chassam Sofer was saying. He was saying that all cessation of breathing is by definition irreversible. (See this post for further discussion regarding his view.)

And so we have two of the most famous and powerful rabbinic statements against accepting the scientific advances of their era, both dramatically claiming that all the winds in the world would not change their position. And in both cases, later rabbinic authorities acknowledged that the winds really have blown very strongly indeed, and that the counter-evidence can no longer be rejected.

There's a lesson here...

Wednesday, February 1, 2012

The Zealots' Perspective

The following extremely informative video includes an interview (in Hebrew) with the leader of the thugs in Bet Shemesh, as well as some important footage of events (please note that the video includes random advertisements, some of which, according to reader reports, include immodest scenes):


It shows how far apart their worldview is from normal society. I can't think of any short-term solution for this problem. In the long run, however, I think that their society is doomed, due to the freedom of speech and infiltration of ideas that the internet brings. I think that they know it, too, which is why they are getting so worked up lately.

It's good to see a sharp condemnation of their actions, in this report of a lecture by Rav Edelstein of Ponovezh.

(Hat-tip: Rafi G. at Life In Israel, the best news source)

Tuesday, January 31, 2012

The "Da'as" in Da'as Torah

Rav Aharon Lichtenstein delivered an important address recently on the topic of Daas Torah. I didn't have time to translate it into English myself, so I asked my friend Joseph Faith to translate it for the readers of this website, which he kindly agreed to do. You can download it at this link. I strongly recommend it!

(Tomorrow, I am leaving to the US for a two-week lecture tour. I'm not sure how often I will be posting. If you usually read this blog via visiting the website, you may want to subscribe via email, using the form on the right, in order to be notified when new posts appear.)

Monday, January 30, 2012

Gedolims' Edicts and Mishpachah

A while back, in a post entitled The Gedolim's Authority is Tested, I wrote about the ban on Mishpacha magazine by various Gedolim. Things have gotten more heated lately, with the Israeli Yated publishing a very sharp letter, signed by Rav Elyashiv, against Mishpacha.

Mishpacha's response included the following gem:

"While we are not privy to all that's going on behind the scenes, we highly doubt the authenticity of this letter. Anyone who has ever attended a Yeshiva knows that a posek cannot and does not issue a ruling, much less a ban, unless he is presented with both sides of the story and carefully weighs the evidence before he issues a ruling. We know for a fact that this procedure was not followed in this case, since not one person from Mishpacha's Hebrew staff was summoned to Maran Rav Elyashiv's home to explain their side of the story."

It's extremely similar to my own response, drafted with the help of an experienced posek, which I sent to the zealots who were threatening to publicize a ban on my books:
"...it is inconceivable that anyone, especially Gedolim, would condemn someone without meeting and talking with them. I am ready to meet with these Gedolim at their convenience and to hear what their objections are, and to discuss the matter fully. I am certainly willing to retract from anything in which I am proven wrong or mistaken, and kal v'chomer if I am proven to have written something that goes against the fundamentals of emunah, chas v'shalom. Surely to condemn someone without meeting them goes against both the spirit and the letter of Torah and Shulchan Aruch, and would be an unbelievable chilul Hashem befarhesya, and will be widely recognized as such..."

Mishpacha goes one step further and says that because it's so inconceivable that Rav Elyashiv would sign without hearing their side, his signature is suspect.

I have no idea whether the signature is genuine or not. But I assume that Mishpacha is well aware that Rav Elyashiv does indeed frequently sign off on such things without listening to the other side. Yet it is nevertheless true that a posek should never do such a thing. I have heard people claim, in the case of my own books, that there is no reason for a posek/ Gadol to meet with the author, since he can just read the book. But that could only be even suggested if the posek were to entirely initiate proceedings himself after reading the book/ magazine of his own accord. In these cases, he is presented with select parts of the publications, along with the all-important arguments of the zealots as to why the publication is so terrible. Since he is hearing arguments from one side, in person, he must also hear arguments from the person whose publication is being judged, in person.

Unfortunately I have heard an abundance of stories of Rav Elyashiv issuing "Daas Torah" after only hearing one side. Rav Nosson Kamenetzky's experiences are well-known. And a neighbor of mine told me about how his child was kicked out of school after the menahel consulted Rav Elyashiv. My neighbor went to Rav Elyashiv's gatekeeper, who did not want to let him in. My neighbor said, "Dinei nefashos b'tzad echad?" The gatekeeper paled and let him in. The child was reinstated to the school.

Mishpacha, I'm sure, knows such stories only too well. When they say that a posek not only cannot issue a ruling without hearing both sides, but does not, this is not the case and they know it. I don't expect Mishpacha to do an expose on the abuse of rabbinic authority with the Daas Torah system; in fact I am admiring their strategy. They are pointing out that to exercise rabbinic authority in such a way is absolutely wrong, without explicitly castigating those who do so.

It's amazing that there are still so many people who believe in the Charedi system of rabbinic authority and Daas Torah. But my impression is that the number of such people is steadily shrinking.

(My schedule for my forthcoming lecture tour in the US has been updated - you can see it here)