All posts by Yonaton Behar

“I Am Entirely Rabbi Kook”: Rabbi Dov Yaffe ztz”l

In memory of Rabbi Dov Yaffe, the senior ‘mashgiach’, who passed away last week * His joy over every new book by Rabbi Kook, and his shock at those who humiliated him * Tearing his garment when Rabbi Charlap died * His undertaking for a student who was forced to leave the yeshiva * The spreading of Torah and Mussar in yeshivas throughout the entire country * How yeshiva students can participate in a faraway wedding – without leaving the Beit Midrash * One of the tenets of his teachings: be true, and beware of imitations and fakes * How to calculate the amount of flour required to take ‘challah’

Rabbi Yitzhak Dadon shlita, who has written more than ten books (including ‘Atchalta He‘) about the supportive attitude of the ‘Gedolei Ha’Rabbanim’ (eminent rabbis) of all ethnic denominations towards Zionism, and other topics in halakha and aggadah from the teachings of Rabbi Kook and his students, sent me articles he had written about the “zaken ha’mashgichim” (the senior of the spiritual yeshiva supervisors) Rabbi Dov Yaffe ztz”l, who died a week ago on the 19th of Marcheshvan. Rabbi Yaffe served as the ‘mashgiach‘ at Yeshiva ‘Knesset Yehezkel’ in Kfar Chassidim and at the ‘Kol Ya’akov’ Yeshiva, and spread his patronage over other yeshivas. In order for us to be privileged to participate in eulogizing this ‘tzaddik’ (righteous man), I will quote mention what Rabbi Dadon wrote me.

“It came to my attention that the eminent rabbi, Rabbi Dov Yaffe, had probed the writings of Maran Harav Kook ztz”l, and I paid a visit to his tiny room in the ‘Kol Ya’akov’ yeshiva to see if it indeed was true, and if so, to ask for his help in opposing an evil man, Avraham Hazan, may the name of the wicked rot, who published a book ‘Da’at HaTzionut’ (‘The Religion of Zionism’) full of abuse and blasphemy against Rabbi Kook ztz”l. With his typical patience, Rabbi Dov listened to me till the end, and when I had finished, he quietly asked me in complete shock: “He (that evil man) has no fear?” Then, with his charming smile, he said to me: “I am entirely Rabbi Kook!” I didn’t understand, and asked him what he meant. He answered: “I have built myself entirely from Rabbi Kook!” He told me that he had read his books, and was elated over every book published from the works of Rabbi Kook ztz”l, so I decided that every book that came out, I would bring to him. And when they published “Pinkasei Ha”Ra’aya” I quickly brought them to him, and he accepted them affectionately (in the presence of some yeshiva students who were a bit puzzled, but Rabbi Dov was faithful to his inner truth…). From then on, I had the privilege of sitting with Rabbi Dov for hours on end, in conversations about ‘mussar‘ (ethics) and rabbinical history. He also received my books warmly, and said that he had very much enjoyed my book “Sichat Avot” – the words of Maran HaRav Kook and his students on Tractate Avot. When I brought him the book of the Gaon Rabbi Yaacov Moshe Charlap ztz”lRazei Li“, after a few weeks he said to me: “This is a superior book.” When I published my book of ‘Ke’marei Barak’ – insights of Rabbi Kook ztz”l on the revealed Torah (‘pilpul’ and halakha) on the weekly Torah portions – Rabbi Dov honored me with a letter of approbation which appears at the beginning of the book.

“On one day during ‘bein ha’zmanim‘ (semester break in yeshiva), I went with my son David to visit him at his son-in-law’s house, and while giving my son some advice on ‘mussar’, he suddenly turned to me, and said (next to his son-in-law): “Did you tell him?” I didn’t understand what he meant, and asked: “What should I have told him?” Rabbi Dov smiled, and motioning with his hand from head to toe, said: “Didn’t you tell him that I built myself up entirely on Rav Kook?” We left in awe.

His Position against the Evil Ridiculer of Rabbis

As mentioned above, the beginning of the acquaintance between Rabbi Dadon and Rabbi Dov Yaffe was in the context of the activity of that evil person, who disseminates in his book and website slander and libel about ‘Gedolei Ha’Rabbanim‘ (eminent rabbis) – first and foremost, Rabbi Kook. In order to stifle him, Rabbi Yitzchak Dadon came to Rabbi Dov Yaffe ztz”l and informed him about it.

“Rabbi Yaffe asked to meet with Rabbi Elyashiv ztz”l at his home, and consult about how to prevent the publication of the book. The meeting was attended by five people, and as per the decision of Rabbi Elyashiv ztz”l, it was decided not to publicly protest against the book, so as not to publicize it even further, but rather to contact the distributors in order to stop its distribution. We turned to the distributors but, unfortunately, under various pretexts, they continue to distribute this venom – the power of money has caused them to deny their rabbis…

“Afterwards, a group was formed of ‘b’nei Torah‘, specifically from the Haredi sector, who came out publicly to fight that heretic, and when they came to Rabbi Dov, he said to them: ‘I am at your disposal, whatever you ask, I will try to help you in this matter.”

His Life Story

Rabbi Dov Yaffe was a virtuous man, an architect of the paths of ‘mussar’, and a leader of its ranks. He was born in Vilna in in 1928, and at the age of seven immigrated to Israel. His family lived in Tel Aviv. In his early life, he studied in the yeshiva of the ‘Yishuv Ha’Chadash’, and later, ascended to Jerusalem to study in the Hebron Yeshiva. There, he became devotedly attached to the head of the yeshiva, the Gaon Rabbi Yechezkel Sarna ztz”l. During that period, he was introduced to a number of outstanding figures living in Jerusalem, the most special of whom was the Gaon Rabbi Yaacov Moshe Charlap ztz”l, the Rosh Yeshiva of Merkaz HaRav. He was close to Rabbi Charlap for about six months, and quoted his words and teachings until his death. When Rabbi Charlap died, Rabbi Dov tore his shirt, as is the halakha when one’s ‘rav muvhak’ (primary rabbi) dies. In time, he said: “The holiest person I was privileged to meet in my life, was Rabbi Yaakov Moshe Charlap.”

“In 1948 Jerusalem was besieged, and his family became increasingly worried about their son. As a result, he was forced to move to the Ponevezh Yeshiva in Bnei Brak. There, he grew close to the Gaon the Chazon Ish ztz”l and became extremely attached to him. Similarly, he became close to the legendary ‘mashgiach‘ of Ponevezh, Rabbi Eliyahu Dessler ztz”l, author of ‘Michtav Me’Eliyahu‘.

The Move to the Slobodka Yeshiva

“In Ponevezh, there was a young yeshiva student who had problems with Torah learning and faith, and Rabbi Dov, who was studying at the yeshiva at the time adopted him, and tried in every way possible to help and encourage him, and instill in him the spark of faith and love of learning. However, his circumstances were shaky. The yeshiva was not patient with him, and, forced to leave, he decided to move to the Slobodka yeshiva. When Rabbi Dov found this out, he made his way to the home of the Chazon Ish, and unfurled the case before him. To his surprise, the Chazon Ish said to Rabbi Dov: “This young man is dependent on you. You must leave the yeshiva with him, and go to the Slabodka yeshiva. And so he did.

“About ten years ago this young man, who by then had already become a husband with his own grown children and grandchildren, met Rabbi Dov’s son in the street, accompanied by some of his children. He stopped the rabbi’s son and said to him: “Do you see these children with whom God has blessed me? You should know that all of them are on account of your father! Thanks to him, I remained in the world of Torah!”

This wonderful story demonstrates the profound understanding of the Chazon Ish, who recognized Rabbi Dov Yaffe’s educational powers as a young man.

Mashgiach’ in Kfar Hasidim

“From Bnei Brak, Rabbi Dov moved on to the main station of his life, the ‘Knesset Chizkiyahu’ yeshiva in Kfar Hasidim, where he was appointed as ‘mashgiach’ under one of the eminent and righteous rabbis of the generation, the senior ‘mashgiach’ Rabbi Eliyahu Lopian ztz”l, and when he passed away in 1970, Rabbi Dov was appointed in his place as the ‘mashgiach’ of the yeshiva (its spiritual administrator). Shortly after his appointment, he was required to make a decision. One of the most prominent yeshiva students was about to get married in Bnei Brak. At that time, transportation from the north to the center of the country was limited, and the journey to and from the wedding would take two days. Since this was an important young man, all the yeshiva students wanted to attend his wedding. The question was whether it was proper to close down the yeshiva for two days in the middle of the semester? The Rosh Yeshiva hesitated, turned to Rabbi Dov, and said to him: “You are the spiritual administrator of the yeshiva – you decide!”

Rabbi Dov thought to himself: How, on the one hand, could he have all the young men take part in the joy of their friend, but on the other hand, not close the yeshiva for two days? His decision was: half of the boys would attend the wedding, and half of them would remain in the yeshiva, but so that those who remained would also be able to participate in the groom’s joy, a festive meal, similar to that of the wedding, would be served in the yeshiva, and the boys would dance in the dining room at the same time as those in Bnei Brak. Thus, the young men who remained, along with their devotion to learning Torah in the yeshiva, would be able to experience the joy of their friend’s wedding.

His Doctrine: Be True

Over the years, other yeshivas sought his guidance, and thus, in addition to his spiritual work in Kfar Hasidim, he was appointed ‘mashgiach‘ at the ‘Kol Yaakov’ yeshiva in Beit Vegan in Jerusalem, and other yeshivas. From then on, he began travelling all over the country, wherever he was asked to come and illuminate the Torah of the masters of ‘mussar’. In the year 2012, he was assigned to the Council of Torah Sages of ‘Degel HaTorah’.

“He warned against imitations, and desires and yearnings for momentary and transient possessions, which are only imitations and forgeries of the Eternal Source. He encouraged aspiring to true greatness, to be true in all ways of life, and thus, his students decreed that his book be entitled: ‘L’avdecha B’emet’ (‘To Serve You in Truth’).

The Measurement of Taking ‘Challah’

Q: How large must the dough mass be to require the taking of ‘challah’ with a blessing?

A: From the amount of one kilo and a half of flour, ‘challah‘ should be set aside with a blessing, and from one kilo and eighty grams, ‘challah‘ should be set aside without a blessing.

The measurement is determined by the volume of flour of 43 ‘beitzim’ (eggs) and one fifth of an egg, which is 2.16 liters. If we had a utensil of this volume it would be excellent, but since we are used to measuring by weight, we have to compare the volume to the weight. According to Rambam, the weight of the flour is about two-thirds of its volume (when the flour is tightly packed), thus, for flour weighing 1.471 kg ‘challah’ must be taken (Laws of Bikurim 6:15). According to many poskim, the flour should be approximated in its normal state as it is sold, or as it is poured out of the bag (Magen Avraham 456:4, Machatzit HaShekel, ibid; Pri Chadash 1), and then, its weight is about half of its volume. And since their opinion should be taken into consideration, ‘challah‘ should be taken without a blessing already from the measurement of 1.080 kg.

However, according to the calculations of Rabbi Chaim Na’eh, the measurements are larger, but this is because he calculated them according to the weight of the coin mentioned by the Rambam (zuz- darham) after the Turks added on to it over 12 percent. The weight of the darham during the days of Rambam was about 2.83 gram, and about four hundred years ago the Turks increased its weight to 3.2 grams. After becoming absolutely clear that the weight of the darham during the days of Rambam was about 12 percent less, the measurements should be updated, and the measurement for Rambam for taking ‘challah‘ is 1.471 kilos, and not 1.666 (the same holds true for a ‘beitza‘, whose volume is 50 cc and not 56, and the measurement of a ‘revi’it‘ is 75 cc, and not 86).

All this refers to regular wheat flour, but barley flour is more airy, and already from approximately 1.060 kilo, ‘challah‘ should be taken with a blessing, and from 880 grams, ‘challah‘ should be taken without a blessing.

It would be appropriate to produce a vessel whose volume is 2.160 liters, in order to ensure that in it, one could safely estimate the measurement of all types of flour obligated by the mitzvah of taking ‘challah‘.

This article appears in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at:
http://revivimen.yhb.org.il/

Not Only Animals Suffer

People are willing to work hard to make a living, even to buy luxuries, therefore, it is justified that animals should also work hard * Just as a waiter works hard for the pleasure of others and earns a salary, animals also work hard and receive payment: in exchange for their efforts, they are cared for * Many leftists active for animal rights accuse others of exploiting animals as part of a distorted moral worldview * Striving towards vegetarianism is unnecessary – when the entire world reaches a higher spiritual level, people will not eat meat * Do not be frightened by videos of slaughtered animals: the spasms after slaughter are involuntary reflexes

From the numerous questions and responses I received in the wake of my articles on cruelty to animals, it clearly is an issue concerning many people, therefore I will devote another article to the subject. In the future, I will try to answer questions I did not have time to address.

Cruelty to Animals for Man’s Pleasure

Q: “Rabbi, you wrote in your column ‘Revivim’ that under certain circumstances it is permitted to fatten geese to increase their liver. Shouldn’t the fact that goose liver, or foie gras, is not a basic necessity, but rather a luxury dish, be taken into consideration in this issue?”

Someone else asked: “Is it worthwhile causing animals to suffer so that people can eat a fancy dish of foie gras?”

Another question: “Last summer while vacationing, my wife and I spent time horseback riding. Rabbi, after reading what you wrote about using of animals, including the fact that horseback riding involves sorrow to the horse because of the pain caused by the bridle in their mouths and kicking them to ride faster, we have a question: Was it okay for us to have gone horseback riding for our recreational enjoyment, or perhaps, riding a horse is permitted only for a greater need?

The Suffering of Animals is Similar to that of Man

Anything that is for the benefit of man and his enjoyment, and does not cause great suffering to an animal, is permissible and proper – provided one treats his animal fairly, feeds it when it is hungry (Gittin 62a), and refrains from muzzling his animal while it is working, thus preventing it from eating. Also, if one’s animal suffers greatly, he should try to spare it of its grief.

Earning a living and survival involves suffering. Just as man struggles, works, and takes pain to make a livelihood, how much more so is he permitted to use the animals in his possession for his livelihood, given that their sensitivities and consciousness are considerably less than those of human beings. If a person is willing to work in physically difficult jobs for his livelihood, such as construction, farming, hauling loads, working night shifts, or mentally straining office work, all the more so is he is permitted to distress an animal for his livelihood. Animals earn their living in a similar fashion, for thanks to their helping man, he takes care of them, and feeds them. Regarding this, a fitting adage might be: “The reward is according to the suffering” – in other words, according to an animals’ suffering, is his livelihood.

Therefore, as long as the goal is not to grieve the animal and people are willing to pay for it, and the animal is not caused terrible suffering, it is permitted to grieve animals for the purpose of one’s livelihood. In the same manner as we do not claim in regards to people attending a wedding: Is it right for them to have workers toil from morning to night for their sake, so they can indulge themselves, finding neatly-set, well-designed tables arranged with elegant tableware, decorative napkins, and countless selections of attractive and adorned portions of food. Not only that, but if the workers are remiss in their cleaning, setting the tables, or making the food tasty – they are reprimanded. In the same manner, claims should not be made that it is not right to fatten geese for the personal pleasure of geese breeders and those who eat foie gras; because had the workers not toiled in preparing the wedding, they would not have received their salaries, and if the geese had not been fattened – they would not be bred, or ever existed. True, if the fattening involves terrible and great suffering it should be prevented, but standard fattening does not involve great and terrible suffering.

Similarly, one is also permitted to ride a horse for pleasure, because this is a horse’s chore and does not cause it great suffering, and for this it receives its salary – i.e., food, lodging, and medical care, and by means of this, it subsists.

This is the general rule: anything that people are willing to pay for, and have no intention of causing grief to the animal, is a sign that it is important to them, and therefore, one is permitted to make use of the animal.

Why are the Activists Leftists?

Q: “As an animal rights activist who lives in Samaria and is observant, I am disturbed by the fact that there are almost no observant people among the activists for animal rights. This fact creates the perception that leftists are ethical people, whereas for the rightists, morality doesn’t matter. Wouldn’t it be a sanctification of God if we were more sensitive to the short lives and tragic deaths of calves and birds?

A: It seems to me that the fact that most animal rights activists are inclined to support the evil side of the Israeli-Arab conflict, as they do in other conflicts around the world, proves that their position is flawed.

The Moral Flaw of the Left

Out of motives of morality, social justice, and concern for the rights of the powerless, left-wing movements proposed plans for a new and improved world, but, in order for it happen, the old world had to be destroyed. By destroying the old, they severed the connection between rights and responsibilities, sabotaged all basic moral systems, and disrupted all social and economic systems. One can no longer know what is worthy, and what is not; what a person has the right to demand or what he can ask for, but not demand. In the imaginary world of the left, there is no real way of gaging the value of things and salaries, and thus, it is unsustainable, but when attempts are made to keep it alive, all systems are ruined. In the leftist world – in the name of “freedom of speech” – they use violence and the banning of all media outlets and public institutions against the freedom of speech of those with different views. In the name of “political correctness”, they censor and gag mouths.

In contrast, the moral rules of the Torah are based on reality and on the rules of ‘derech eretz’ (ethical behavior), according to which the value of things is determined by the willingness of people to pay for them, and as long as there is no injustice or corruption involved, things are valid, and justify payment. Therefore, it is permissible to employ a worker to decorate a wedding hall with all types of extras, in accordance with what makes people happy and what they are willing to pay for provided the employer does not humiliate his employee to work needlessly, with the intention of showing his superiority over the worker, for example, telling him to clean a crumb off a table that the employer could easily remove himself, or to dig pits in a place where there is no need – similar to what we were commanded: “Do not dominate such a slave to break his spirit” (Leviticus 25:43).

This is also true regarding all other rights, namely, they must be based on the real human world. Just as the threshold in employment is abuse of the worker, so too in all other rights the threshold is abuse or violence. And not like the leftist position which establishes a range of abstract values ​​that blames the suffering of the weak on all the rest of the world, and for that reason, the weak must be called “disadvantaged”, and consequently, all others can be mistreated in order to presumably correct the injustice done to the “disadvantaged”. At first glance, such a position seems to benefit the weak, but with further inspection, it actually undermines all systems of morality, society and the economy, and leads all of us into the abyss of dispute, strife, and deprivation. It is no wonder then, that an extreme leftist will hold the same distorted values ​​about animals who were weakened by a more developed animal called ‘man’, portraying himself as superior to the rest of the species in order to exploit them, because all of life can be described in political terms – it’s a struggle between oppressors, and the oppressed.

Striving for Vegetarianism

Q: “Rabbi Melamed, peace and blessings! Thank you so much and ‘yasher koach’ for your articles in general, and for the one’s concerning cruelty to animals in particular. There were times when I debated whether it was right and ethical to eat meat. When I was young, for two years I abstained from eating meat, and it damaged my health. Rabbi, you wrote things from the wisdom of the Torah that resolved all my doubts. It is important to eat meat, especially since ritual slaughter causes animals minimal suffering… Indeed, I do not eat meat every day, also because I heard that it is not healthy to eat a lot of meat, and also because it is a higher spiritual level. I just wanted to ask, is it worthwhile in the course of time to aspire to become completely vegetarian because of its higher spirituality (if it does not harm my health), or is this an important step forward to reach only in the times of the Final Redemption?

A: There is no need to aspire to reach a level of vegetarianism, rather, we need to strive to improve ourselves in the challenges in which we are commanded, namely, the observance of Torah and mitzvoth, and the refining of good character traits. When the world reaches a higher level, we will not eat meat, and there will be no need to eat meat.

Claims against Ritual Slaughter

Some readers sent me links to problematic videos, indicating that in slaughterhouses animals are abused and that slaughtering involves great and terrible suffering, and therefore, people should stop eating meat.

The claim against ritual slaughter is incorrect because all laws of ritual slaughter are intended to ease the suffering of animals, for indeed the knife must be sharp and the motion of slaughtering is fast, so that immediately the blood ceases from reaching the brain – and as a result, within a few seconds the brain can no longer absorb the pain. The animal’s spasms following this are reflective movements of the nerves, devoid of any feeling or awareness. The videos do indeed depict crude and wild behavior on part of the workers, but their savagery following slaughter, although it does not cause the animals suffering, is contrary to halakha and secular law. The behavior during transportation to the slaughterhouse, of course, must be corrected. However, there is no room for exaggerated claims based on the projection of human feelings onto animals.

Raising Household Pets

Q: According to halakha, is it permissible to buy pets such as a dog, a cat, or a parrot, and raise them?

A: It is permitted (Beit Yosef, Yoreh Deah 117; Birkei Yosef 2). However, when the pet causes grief to one of the family members, it is forbidden to bring it into the home. Likewise, someone who has a dog who frightens visitors to his house should send the dog to a trainer, so that the dog learns to stop barking, and its owner can host guests with due respect (Shabbat 63a, b).

Our Sages said that a person should not bring an animal into his home or yard without knowing he can provide food properly (Yerushalmi, Ketubot 4:8), including being able to provide a suitable kennel or cage for it, clean its place as needed, and ensure that it is vaccinated if necessary.

If one’s pet becomes ill, the owner must take care of it as customary, and if the pet’s illness is terminal and it suffers, it’s best to put it out of its misery.

This article appears in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at:
http://revivimen.yhb.org.il/

Cruelty to Animals versus Human Needs

The three determining rules in cases of a conflict between human needs and animal suffering * Cruelty versus mild suffering * Animals possessing developed senses versus those with less * Domestic animals versus wild animals * Due to the great financial loss of chick breeders, it is permissible to destroy chicks with modest suffering * The dispute over whether the killing of animals is considered suffering * There is no holiness in every moment of an animal’s life, thus, it is permissible to kill it in order to prevent it from suffering * The false image created by the Broadcasting Authority regarding the kosher certification of the Rabbinate – another proof the Broadcasting Authority should be shut down

The Rules of Cruelty to Animals

I received several questions and responses following my column on cruelty to animals, and I learned something from each response. From most of them, I learned about the various questions bothering people, and from the hateful responses, I learned just how distorted people’s ethics and thoughts can become – even reaching heights of evilness – as a result of a distorted moral viewpoint.

In order to answer the majority of the questions, I would like to emphasize that the essential rule in this issue is that it requires a balance between two values. On the one hand, the needs of man precede those of animals, as the Torah says: “God said to them: Be fruitful and multiply. Fill the land and conquer it. Dominate the fish of the sea, the birds of the sky, and every beast that walks the land” (Genesis 1:28). After this, the sons of Noah were permitted to eat the flesh of animals, as it is written: “There shall be a fear and dread of you instilled in all the wild beasts of the earth, and all the birds of the sky, in all that will walk the land, and in all the fish of the sea. I have placed them in your hands. Every moving thing that lives shall be to you as food. Like plant vegetation I have now given you everything” (Genesis 9: 2-3). On the other hand, it is a mitzvah to try as best as possible not to afflict animals and not to treat them cruelly. Therefore, when the sons of Noah were permitted to eat meat, the Torah forbade eating ‘eiver min ha’chai’ (a limb torn from a live animal) because of the cruelty it entails.

In practice, when there is a conflict between human needs and the goal of not causing suffering to animals, one must weigh the necessity of man versus the suffering caused to the animal. For example, eating meat is essential for humans, and ritual slaughter causes animals’ minimal suffering, therefore it is permissible to slaughter them. But when it comes to a less vital need for man, or when the need causes the animals’ great suffering, the question is more complex. The halakhic ruling is determined by weighing three basic rules:

The First Rule: Levels of Suffering

There are different levels of suffering: great and terrible suffering, great suffering, and ordinary suffering. Great and terrible suffering is forbidden, just as the Torah forbade eating a limb torn from a live animal. However, in very rare cases, and for highly essential purposes, it is permissible to cause great and terrible suffering to animals, such as the decree to “sterilize” horses (to cut off their feet above their hooves) which were bought in a market of idolatry (Avodah Zara 13a).

Great suffering: Our Sages taught that if a beast fell into an aqueduct on Shabbat and there was no way of feeding it there and consequently it would starve, since this is considered great suffering, it is permitted to violate ‘issurei d’rabanan’ (prohibitions of the Sages) in order to extricate it. But if the beast can be fed there, although it is suffering, since this is not considered a great suffering, one must wait until Shabbat is over, and then extricate it (Shabbat 128b).

Normal suffering: For the purpose of one’s livelihood and other uses of man, it is permissible to cause suffering to animals, including burdening them with loads, and riding horses with bridles that cause them pain. When necessary, it is even permissible to cause them great suffering for the purpose of earning a living, such as training a horse by using a whip, or loading heavy cargoes onto beasts of burden.

The Second Rule: Categories of Animals

Animals are divided into different categories; the more developed the species, the more suffering it feels, and thus, the more careful we must be in dealing with it. The level of development is measured by the brain and nervous system. In mammals such as dogs, beasts, monkeys and dolphins, these systems are relatively developed and therefore feelings of sorrow and joy can be discerned in such animals, they can be even be taught certain things, the mother animal recognizes her children, and takes care of them compassionately. There are also differences between the species of mammals. For example, a dog is more developed than a lamb and thus is more capable of expressing certain emotions, and when afflicted, its suffering is greater. On a lower level of the mammal family are birds; beneath them are reptiles, such as lizards; then fish, and on the lowest level, insects.

Therefore, for example, when a person has to get rid of mice from his house, when possible, it is best to hound them out or kill them quickly, in order to minimize their suffering. But when a person needs to get rid of insects from his home, he can kill them in any manner whatsoever and without hesitation, since their feelings are weaker.

One of the main reasons for the mitzvah of ‘shechita‘ (ritual slaughter) is based on this rule. Therefore, we are commanded to slaughter mammals with two ‘simanim‘ (physical signs), which is the easiest form of death; for birds whose feelings are less sensitive – we are obligated to slaughter them with only one ‘siman‘; for fish and grasshoppers who are even less sensitive – there is no mitzvah of ‘shechita’, rather, they can be killed in the most convenient way for man. Similarly, when scientific research is required when possible, it is preferable to perform it on a species that is less sensitive.

The Third Rule: Assisting Man

The more a beast or animal assists a person, the more compassionately and fairly it should be treated. Therefore, the Torah commanded us to help a donkey who had collapsed under its’ burden (Exodus 23: 5), and not to muzzle a beast, thus preventing it from eating while working (Deuteronomy 25: 4). Consequently, it is more fitting to have mercy on domesticated animals, such as cows, goats, sheep, and chickens, as well as dogs that help guard, and cats that get rid of snakes and mice from one’s house (She’elat Yavetz, 1:110).

On a lower level than this is our treatment of wild animals, which we are not commanded to feed; nevertheless, it is a ‘midat chasidut’ (pious act) to treat them kindly and with compassion, and for this purpose the poskim (Jewish law arbiters) even permitted one to take pains on Shabbat to give his leftover food to abandoned animals (Aruch Ha’Shulchan 324:2-3; M.B. 31).

The Importance of Animal Life

Q: Rabbi, you wrote that following the ban on the force-feeding of geese, geese have become virtually extinct in Israel. Should this be a consideration? What does it matter to a goose how many other geese there are? All it cares about is not being caused to suffer!

A: The basic principle is that subsistence and life are good and positive things. For this purpose, all animals are willing to suffer greatly, chasing all their lives after food and water, and fleeing predators. Therefore, as long as the geese subsist under conditions that are not horrible and threatening, it is preferable.

In regards to man who possesses awareness and responsibility, a dispute ensued between Beit Shammai and Beit Hillel: “The former asserting that it were better for man not to have been created than to have been created, and the latter maintaining that it is better for man to have been created than not to have been created” (Eruvin 13b). Whereas animals, by their very survival, are happy – their only instinctive concern is to subsist, with no additional considerations. Unless, of course, they are caused great and terrible suffering, in which case, perhaps they would prefer to die.

The Killing of Male Chicks

Q: Is it permissible to kill male chicks only because they are of no use? Particularly, since they are brutally and cruelly exterminated by shredding or by gas?

A: If male chicks are not in demand because the price of handling them is higher than the price farmers can get for their meat, they are permitted to be killed, because the growers are not duty-bound to feed the chicks until their final day without receiving any financial gain from them. And although this manner of killing them seems harsh, in truth, it is not cruel, because cruelty to animals is measured by the degree of suffering they feel, and the act of killing itself – if done quickly, or with gas used to induce unconsciousness and then death, there is almost no suffering.

Is the Killing of Animals Prohibited?

Moreover, many halachic authorities have clarified that there is a disagreement among the poskim whether there is a prohibition to kill animals. Some are of the opinion that the prohibition against cruelty to animals is only applicable when they are alive, but the prohibition against cruelty to animals does not apply to killing them (Taz, Y.D. 116:6; Nodah B’Yehudah, Mehadurah Tinyana Y.D. 10; Avodat HaGershuni 13). Others say that the prohibition of cruelty to animals also includes the prohibition to kill them, and consequently, only for the purpose of earning a livelihood or honor is it permissible to kill them, just as causing them suffering is permitted (they learned this from Maimonides, ‘Moreh Nevuchim’ 3:48, Chinuch 451, Radbaz, and Ginat V’radim on ‘schita’. This is also what Marhasham wrote, 4:140).

However, it seems that there is no need to say there is disagreement in this matter, since all agree that the longer the suffering, the greater the prohibition, and consequently, the main prohibition of cruelty to animals is when they are alive, and only in a case of great necessity is it permitted to kill them. On the other hand, all can agree that killing involves a certain amount of suffering, even in the mere fact that they cannot continue living, and therefore, without any necessity, it is forbidden to kill them.

Euthanasia for Animals

There is holiness in every human life, and every moment the Divine soul dwells in a person is priceless, and even if a person is suffering from a serious illness, it is forbidden to kill him. On the other hand, animal’s lives’ are not as precious, and therefore the mitzvah is not to cause them suffering; however, there is no mitzvah to guard over their lives. Therefore, a person who has a cat or a dog suffering from a terminal illness or who were injured in an accident, and they suffer without chance of recovery – it is preferable to kill them in a painless manner, in order to prevent them from suffering.

The “Investigation” of the Rabbinate’s Kosher Certification

Q: Recently, an investigative report was broadcast about the kashrut of the Rabbinate in the “Shetach Hefker” program of the Public Broadcasting Authority. It painted an extremely dismal picture. Rabbi, can you watch the program and give an opinion as to whether the Rabbinate’s kashrut approval can still be relied upon?

A: I saw the program – it was appallingly edited. All the important details on which a claim could be based, were not substantiated. The name of the rabbi and the place they were complaining about was not revealed. The statements of the Rabbinate’s representatives were edited and cut, so that the problems were emphasized, and the conclusion that the kashrut certificate could be relied upon was obscured. And then, all of a sudden towards the end of the “investigation,” the ominous tone was switched to a pleasant one, and the interviewer began smiling. What happened? They began talking about a private kashrut organization. This organization’s cooperation with such a program raises doubts about its credibility.

As far as halakha is concerned, even if it becomes clear that from time to time rabbis are found who are not properly supervising, as long as the vast majority of rabbis are known to be honest we go according to the majority, and therefore, the kashrut certificate can be trusted. Only when it turns out that a particular rabbi or place is not reliable does his kashrut cease, and it is a mitzvah to publicize it as soon as possible, as the Chief Rabbinate does.

It is worth repeating here what I wrote last week: Action must be taken to close the Public Broadcasting Authority. Why must we fund propaganda against the Rabbinate with our tax money?

This article appears in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at:
http://en.yhb.org.il/

The Supreme Court Rules in Favor of Geese

There is room for revising the definition of cruelty to animals to meet our times, but with discretion and devoid of political pressure * In the past, force-feeding of animals was not considered cruel and was halachically permissible * Today, counter to modern methods, force-feeding of geese is disputed amongst the poskim * In light of the complexity of the issue, it would have been appropriate to seek a balanced solution as policymakers attempted to do, but the Supreme Court indiscriminately outlawed force-feeding, thus striking a blow to the geese breeding industry * A prayer for a school’s inauguration * The Israel Broadcasting Authority: Another platform of scorn and hatred for the left to exploit, at the expense of the taxpayer

Changes in the Definition of Cruelty to Animals

As we learned in my previous article, a person is permitted to use and afflict animals for the sake of his livelihood. However, animals must not be caused distress systematically with terrible and cruel pain for the sake of making a living – the prohibition of ‘eiver min ha’chai‘ (a limb torn from a live animal) for an example.

I wrote that there is room to argue that together with the rise in man’s standard of living, both morally and economically, the concept of cruelty to animals can also change. And just as in the past certain things were not considered afflictions by man but today are, likewise, there may be things that in the past were not perceived as horrible and cruel pain for animals, but in the future, will be considered as such, and consequently, will be forbidden to be performed systematically for the sake of earning a living. This process can be conducted responsibly, or on the other hand, through violence, threats, and the spreading of lies. If the latter occurs, the rash decisions that policymakers agree to take will then have to be counterbalanced and corrected, or in a worst-case scenario, the “all-knowing” Supreme Court judges will decide. To a certain extent, it seems that this is what happened regarding the force-feeding of geese.

The Fattening of Animals in Halakha

The process of fattening animals does indeed cause them discomfort, however, our Sages regarded it as a tolerable form of distress that could be performed ‘l’chatchila’ (from the outset) for the purpose of earning a living (just as man is also willing to toil and denigrate himself for his livelihood). Thus, we have learned (Tractate Shabbat 155b) that camels were force-fed, i.e., food would be forcefully pushed down their throats to an area in their body where they could not spit it up, so they would be able to walk in the desert for several days without eating. Similarly, calves and roosters would be force-fed in order to fatten them.

It was also customary for geese to be force-fed in order to fatten them, to the point where the geese forgot how to eat on their own without food being forced down their throats, and as a result, the rabbis permitted non-Jews to force-feed them on Shabbat so they would not suffer due to starvation (Responsa, R’ma 79). However, a problem arose that as a result of the food being forced down their throats, their esophagus was wounded, and there was fear that the goose had become ‘treif’ (non-kosher). Some poskim (Jewish law arbiters) permitted geese to be eaten after the esophagus was checked (R’ma, Y.D., 33:9, and several others), while other poskim forbade it, reasoning that the geese could possibly have been made ‘treif’, but when checked, the wound had gone undetected (Bach, and several others).

The Issue of Force-Feeding Geese Today

In the last few generations the process of force-feeding has developed, and instead of being done manually, machines are now used. Additionally, breeders found that in order to enlarge the liver it was advantageous to force-feed the goose corn and curtail its movement, and as a result, they were able to increase the goose’s liver ten times its natural size. Some poskim believe that by doing so, the goose’s suffering is increased because it is fed in larger amounts. In addition, dry corn increases the risk of damaging its esophagus and making it ‘treif‘. Conversely, there are those who believe that this does not cause greater suffering than in the past; not only that but in recent times the method has been refined and breeders began feeding the geese a liquid corn porridge inserted into their stomach with a thin tube, in a way that does not burden them during the force-feeding process, and also reduces the risk of making them ‘treif‘. Still, several poskim argue that increasing the liver to ten times its natural size causes the goose immense suffering and difficulty in breathing and walking. As far as practical halakha is concerned, there are some poskim who are inclined to forbid it because of ‘tzar ba’alei chayim‘ (cruelty to animals) (Rabbi Yaakov Epstein in “Chevel Nachalato” 9:26), while others say it is not forbidden (Rabbi Itai Elitzur in ‘Techumim’ 24; Rabbi Pinchas Toledano, ‘Brit Shalom’, Vol.2, Choshen Mishpat 7). Rabbi Ya’akov Ariel shlita is of the opinion that it is not forbidden, but it is not ‘mehudar’ (not the greatest), and therefore, the kashrut given to goose liver is ‘kosher’ and not ‘glatt’.

In such a situation, it would have been appropriate to set restrictions on the extent of force-feeding, in order to balance human needs with the suffering of the geese, in a way breeders could continue raising and fattening geese. In practice, as a result of the fierce struggles of animal welfare organizations against the geese breeders, a law prohibiting force-feeding of geese was enacted in several countries. In the State of Israel, politicians attempted to regulate an interim plan with geese breeders that would allow force-feeding to continue under more favorable conditions. However, the Supreme Court judges decided to accept the position of the animal welfare organizations and completely prohibited force-feeding of geese in Israel.

In practice, geese have virtually become extinct in the State of Israel, and it is highly doubtful whether the surviving geese and those prevented from being born, are happier today… Apparently, they are oblivious to all this, just as they were oblivious to the terrible suffering that people attributed to them.

A Prayer for the Inauguration of the Har Bracha Schools

On Tuesday we merited inaugurating two new school buildings (one for boys, one for girls) together with Education Minister Naftali Bennett. The schools began six years ago in temporary buildings, and with the grace of God, today there are already over 200 students in each school, all residents of the community. In light of the growing numbers, there are already two classes, both boys and girls, in the first grade, and according to the rate in the kindergartens and day-care centers, in six years the number of students will be more than double.

Here, I must mention that this blessed growth is taking place in all areas of the Samaria Regional Council. This year, there are approximately 800 students in sixth-grade classes, and in the compulsory kindergarten, there are approximately 1,400 students (this, in addition to the students of the local councils, such as Karnei Shomron, Kedumim, and others). However, it should be noted that the main increase in population is in communities located close to the “Green Line”; unique, is the community of Har Bracha, which, despite being located in ‘Gav Ha’Har’ on the frontlines of Jewish settlement – manages to grow as fast.

Instead of delivering a speech I invoked a prayer to God, envisioning the layout of the Holy Temple. In this article, I omitted from the prayer a few sentences referring to Har Bracha, so that the prayer would be suitable for all schools.

“May it be the will of the Lord our God, and the God of our fathers that in the schools we are happy to inaugurate today, boys and girls will be brought up and educated towards faith in the great vision that God intended for His People Israel, to bring blessing to the world by walking in His ways and settling the Land, as it is written: “God said to Abram, ‘Go away from your land, from your birthplace, and from your father’s house, to the land that I will show you. I will make you into a great nation. I will bless you and make you great. You shall become a blessing. I will bless those who bless you, and he who curses you, I will curse. All the families of the earth will be blessed through you” (Genesis 12:1-3).

May it be the will of our Father in Heaven that the ‘Kodesh Ha’Kodeshim’ (the ‘Holy of Holies’) be symbolized in the schools by the education of the students towards loyalty to the ‘brit‘ (covenant) between God and His People Israel, the study of Torah and the fulfillment of its commandments, and the building of families with love and joy, as expressed in the ‘Luchot HaBrit’ (‘Tablets of the Covenant’), the Torah, and the ‘Cherubim’ in the Holy of Holies.

May it be His will that from this stems education of the world’s various wisdoms and sciences, and participation in ‘yishuvo shel ha’olam’ (development of the world) – each child according to the source of his soul and unique character, as symbolized in the ‘Shulchan’ (‘Table of the Showbread’) and the ‘Menorah’ (the seven-branched candelabra) in the ‘Mikdash‘ (‘Holy’).

May the dear and precious teachers, both male and female, merit educating all their students towards excellence in Torah, good character traits, and good deeds; to educate their students to believe in the talents that God has given them, to teach them to pray and elevate their aspirations and yearnings, until each and every child is privileged to refine his unique talent – as symbolized by the ‘ketoret‘ (incense) on the ‘Mizbayach Ha’zahav‘ (‘Golden Alter’).

May the schools educate towards devotion to Judaism’s sacred values, for these values exist only out of devotion and sacrifice. May the sacrifice be one of a life of devotion, and not in the sanctification of the lives of soldiers and holy settlers killed in the sanctification of God, the Nation, and the Land.

May it be His will that out of loyalty to the Torah, the Nation, and the Land, the students merit developing their talents in the study of foreign languages, in order to realize Israel’s universal vision, as the prophet said: “For at that time I will change the speech of the peoples to a pure speech, that all of them may call upon the name of God and serve him with one accord” (Zephaniah 3:9).

May it be God’s will that these schools produce Torah scholars who will illuminate the world, scientists who will reveal the secrets of creation for a blessing, public activists who are dedicated and loyal, and men of valor and action in all spheres of life.

And when the graduates of the schools grow up and become grandparents, and their grandchildren ask them to tell them a little about how they achieved such important ideals in their lives, they will recall how wonderful and productive their time was in their elementary school.

And may we all merit seeing the settling of our cherished Land and the redemption of all its expanses, and the building of the Holy Temple in our days.”

Concerning the Israel Broadcasting Authority

Last Motzei Shabbat, while enjoying a ‘Melaveh Malka’ meal, I listened to the “Hidabroot” radio show, moderated by Kobi Barkai on Reshet Bet. He interviewed the leftist, religious professor Avi Sagi. I listened to the show for about twenty minutes, and that was enough to ruin my pleasurable meal. Sagi vented hatred and contempt for the National-Religious public, its values, and its rabbis. He referred to the words of our teacher and mentor, Rabbi Tzvi Yehudah HaKohen Kook in regards to the Holocaust with insensitivity and wickedness, plucking out a few sentences that had been spoken figuratively, from an entire philosophical worldview.

I have never heard a radio show that allowed someone to speak at such length with so much hate, contempt, and slander about another group, with the interviewer all the while addressing his hateful diatribe as praiseworthy truth!

The additional attempt to establish a broadcasting authority at the expense of the public has failed. Aside from the fact that the absolute majority of the presenters, interviewers, and commentators are staunch leftists, they still dare to broadcast such a contemptuous program at the expense of public funds without any response. By the way, apparently it’s impossible to produce a parallel radio program from the right-wing because it’s impossible to find a rational person from the religious public who would express such hatred and contempt for left-wingers!

The mask of “objectivity” and ” neutrality ” behind which the public broadcasting bodies are hiding – at a cost to the taxpayer of nearly NIS 1 billion a year – must be torn away, and then, decisive action must be taken to cancel the Israel Broadcasting Authority and Galei Tzahal (the Army Radio station), so that from here on in, the leftists will have to contend with the need to win over the trust of the public without any monopolies, or public funding. In connection to this, now is the opportunity to recommend Erez Tadmor’s book “Why You Vote for the Right but Receive the Left?” This is an important and incisive book that pierces the heart and provokes reform.

This article appears in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at:
http://en.yhb.org.il

Animals Should Be Used, Not Abused

Human needs precede those of animals * Nevertheless, it is a mitzvah to treat animals with mercy and compassion, and not to afflict them uselessly * Just as a person burdens himself and takes pain to earn a living, so too, he is permitted to afflict his animals when necessary * It is permitted to afflict animals for the sake of human or national dignity, and also for the sake of faith and the preservation of the Torah * The disputes among the poskim regarding raising animals under crowded conditions, and starvation * Even if the standard of living of animals has changed, in the same manner as that of human beings, any legislation on this issue must be responsible, and free of external pressures

Man’s Relation to Animals

It is permissible for a person to use animals for the sake of his work, just as it was customary in the past to load burdens on donkeys and mules, to plow with oxen and horses, to ride on horses, camels and donkeys, and even to eat the flesh of animals. Not only that, but it is a mitzvah to offer sacrifices from animals and birds, including the mitzvot of the ‘seir ha’mishtalayach‘ (the scapegoat of Yom Kippur), and the ‘eglah arufa’ (the decapitated calf). This is the meaning of our Sages statement, that animals were created to serve man (Kiddushin 82a; Sanhedrin 108a), including eating their flesh. It can be said that just as animals are permitted to eat vegetation, so too, man is permitted to eat animals.

Nevertheless, it is indeed a mitzvah to treat them compassionately and decently, and it is forbidden to cause them needless pain; consequently, we are commanded when we see a donkey lying under its burden, to help unload it (Exodus 23:5; Bava Metzia 32b); not to muzzle an ox when it is treading grain (Deuteronomy 25:4); and not to eat until we give them their food (Gittin 62a).

Thus, we see that striking a balance between the two values is essential: on the one hand, human needs precede those of animals, and on the other hand, we must try to the best of our ability not to afflict them.

The ‘Heter‘ (Permission) for the Sake of Earning a Living

It is permissible for a person to afflict animals (‘tzar ba’alei chayim’) when his purpose is not to cause them pain, but rather, for the sake of ‘parnasa‘ (livelihood), such as burdening them with loads, hitting them so they stride, riding horses and leading them by means of a painful bridle in their mouths, urging them to gallop quickly by whipping them with a lash, or sticking the spurs of one’s boots in their sides. True, the ‘Ba’alei Mussar‘ (the masters of Jewish ethics) warned to treat animals with compassion – not to burden them with heavy loads, or tug at their bridles and beat them unnecessarily. But just as man struggles, sweats, and demeans himself for the sake of his livelihood, his beast also shares in the burden along with him, and since animals’ standing and sensitivities are inferior, it can be subjugated to more difficult and agonizing work. However, afflicting animals beyond necessity is forbidden, and moreover, if an animal is suffering in vain, it is a mitzvah to rescue it from its suffering.

Affliction for the Sake of Human Dignity and Beliefs

Not only that, but just as human beings now and then are willing to bear great sorrow for their dignity and beliefs, in the same way – and even more so – at times, it is permitted to afflict animals for the sake of the dignity and beliefs of human beings. Thus, we find that God commanded Joshua before Israel’s war against the kings of the north, to ‘sterilize’ their horses and burn their chariots (Joshua 11: 6). ‘Sterilizing’ the horses meant the cutting off of their legs above their hooves, causing them to stumble on the stumps of their legs, in shame for having participated in the war against Israel. And even though the horses could have been captured as spoil or killed, Joshua was commanded to ‘sterilize’ them in order to leave them crippled, thus teaching the enemies, and Israel, not to put their trust in horses, and for all to see the horses that were once the pride of the fighters, limping in search of pasture to remain alive (Radak, Abarbanel). And although this ‘sterilization’ caused the horses’ tremendous pain, we learned from this that for the sake of a great moral purpose such as this, it is permissible to afflict animals.

In the same manner, after the death of a king, due to his honor, all his vessels would be burned, so that others would not use them; this included the ‘sterilization’ of his horses’ and animals’ legs, i.e. they would cut off their legs above their hooves, so they could not be used. And although this ‘sterilization’ caused them great pain, the honor of the king, which in effect is the honor of the nation, was more important (Avodah Zarah 11a, Tosfot “okrin”).

Similarly, we find that Rabbi Yehudah permitted the sale of roosters to non-Jews, and to prevent them from using it for idolatry, its’ finger would be cut off. Thus, we see that for financial profit, our Sages permitted the affliction of an animal by way of cutting off a finger (Mishna, Avoda Zara 13:2).

For the Purpose of Preventing a Transgression

We also find that our Sages fined someone who went to trade on a market day devoted to idolatry, that everything he bought there was destroyed, and if he bought cattle, they would cut off their legs above their hooves so the purchaser would not be able to derive benefit from them. And although this entailed ‘tzar ba’alei chayim’ (unnecessary suffering to animals), our Sages decreed to do so in order to distance Jews from idolatry (Avodah Zarah 13a; Tosfot, “amar Abaye”).

Similarly, the Sages ruled that if a person dedicated a beast to the Temple while the Temple was destroyed, to prevent him from stumbling in the sin of using a sanctified animal, they would place it in a fenced-off enclosure so that it would die there of starvation. The Sages did not propose it be slaughtered and thus minimize its suffering, lest someone mistakenly eat its flesh. And they did not suggest killing it in another manner, in order not to be perceived as imposing a defect on sanctified animals (Avodah Zarah 13b). We see then, that for the sake of preventing a person from sinning, our Sages instructed the affliction of an animal by starvation (Ramban, ibid).

The Prohibition of Benefitting or Earning a Living from Cruelty

Nevertheless, without an essential need for man, it is forbidden to afflict animals. Therefore, it is forbidden for a person who enjoys beating and torturing animals to do so, since this has no real purpose other than satisfying his instinct of cruelty. And even if there are cruel people who are willing to pay a dog owner a million shekels if he gives them his dog so they can torture it, it is forbidden for him to do so for any sum of money, because such torture has no essential need other than cruelty, which is forbidden from the Torah.

It is also forbidden for an edgy person in a bad mood to beat animals cruelly, and even if he claims that by beating them, it helps him calm his nerves, it is forbidden from the Torah (Igrot Moshe, Even HaEzer, sect. 4:92, and seemingly as well from the definition of the Chatam Sofer in Bava Metzia 32b).

Methods of Raising Cattle and Poultry for Food

The general rule is that anything a person does for his own benefit, and not out of cruelty, is permitted. Therefore, it is permitted to raise chickens and calves for meat in overly crowded conditions in order to save money on their growing costs. Similarly, it is also permissible to raise chickens for eggs and cows for milk in very crowded conditions, for just as a person is willing to suffer the hardships of working and living in overcrowded places in order to save costs, all the more so is he permitted to crowd animals in order to save costs.

Nonetheless, there are some poskim (Jewish law arbiters) who are inclined to say that when it involves immense and terrible suffering it is forbidden, because the ‘heter’ (rabbinical permission)
to afflict great suffering on animals, such as the cutting-off of the horses legs above their hooves, was a rare ‘heter’ for a special purpose – for the honor of the monarchy or for the removal of idolatry, but it is forbidden to afflict great suffering on a regular and systematic basis for the sake of earning a living (Rabbi Eliyahu Klatzkin in ‘Imrei Shefer’ 34; Y.D. 196). Many poskim are inclined to say that as long as it is for the sake of earning a living, it is permitted to afflict animals with great suffering (Yam Shel Shlomo, Bava Kamma 10:37; Shvut Yaakov 3:71; Chatam Sofer, Bava Metzia 32b; Sulchan Aruch HaRav Tzar Ba’alei Chaim 4; Daat Kedoshim, Y.D. 24:12).

However, in practice, the questions are generally not based on the principle, rather, the debate is whether this is indeed considered immense and terrible suffering, for under normal circumstances, raising animals for their meat, milk, and eggs does not involve immense and terrible suffering.

An Example: Starving Chicken

Naturally, the chickens lay eggs from the age of six months until they reach the age of twenty months, and then, they are slaughtered. It is possible to extend the egg-laying period by starving them in the fifteenth month for ten days, and consequently, as a result of their starvation, their feathers fall off; then, upon feeding once again, their strength returns, their feathers re-grow, and they are able to lay eggs until they are twenty-eight months old. May chickens be starved and afflicted for this purpose? Some poskim say it is forbidden, because for the sake of earning a living one is only permitted to afflict animals with routine suffering, but there is no ‘heter’ to afflict them with immense pain for the sake of earning a livelihood, because this would already be considered cruelty (Shevet HaLevi 2:7). But in the opinion of Rabbi Goldberg, the rabbi of Kfar Pines, such a method of raising chickens is permitted since it is done for the benefit of the economy, and this is the purpose of raising birds. In addition, in the long run, starvation makes the chickens healthier – the fact is, they live longer (Ha’aretz ve’Mitzvotey’ha, and codified as well, in Minchat Yitzchak 6:145).

In practice, it seems appropriate to follow the lenient opinion, both from the side of its logic, and also because in such issues rabbis from agricultural moshavim have an advantage, for they are considered the ‘mara d’atra’ (“master of the locality”) because they are thoroughly familiar with the methods of raising animals and birds, and know how to properly weigh the benefits of growers, against cruelty to animals. On the other hand, those unfamiliar with the methods of raising birds and calves are sometimes shocked to see them. This is analogous to a city-dweller arriving at a remote village, and is shocked by the sight of people living in huts without electricity and water as their ancestors did for generations, or a countryman who comes to a city and is shocked by the overcrowding, congestion, noise, and pollution in which the locals live.

The Possibility of Change in the Definition of Affliction

There is room to say, however, that with the increase in the standard of living of human beings, both morally and economically, the concept of ‘tzar ba’alei chayim’ can also change. Just as in the past certain things were not perceived as affliction to human beings but today are, in a similar fashion, there may be things that in the past were not perceived as immense and terrible sorrow for animals, but in the future will be considered as such, and thus forbidden to be performed systematically for the sake of ‘parnasa‘. Such a position can have an impact on individuals who will abstain from eating the flesh of animals that are raised under conditions they consider cruel. This position can also affect the general public, whose representatives will responsibly weigh the totality of values, and establish laws that will reduce the suffering of animals and birds raised for the food industry, while at the same time, impose the additional economic costs of enforcing these laws on the general public, without harming the poor. In a less favorable scenario, Knesset members will be swayed by the public pressures of the representatives of animal rights organizations, and without profound moral consideration, determine laws appealing to those with influence, while ignoring the poor.

With God’s help, I will continue discussing this issue next week.

This article appears in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at: http://en.yhb.org.il/

THE ENVELOPING LIGHT OF THE SUKKAH

The Enveloping Light of the Sukkah

The mitzvah of sitting in the Sukkah is unique in sanctifying man’s daily routines. The eating and drinking, the chatting, and the sleeping which we do in the Sukkah are elevated and sanctified to the point where they are deemed mitzvoth.

It is specifically on Sukkot that we merit this, because Sukkot is ‘Chag HaAsif’ (the holiday of in-gathering). This is when both the physical and spiritual in-gathering of the year are completed – the in-gathering of grain and fruit, as well as the in-gathering of all our Torah study and all of our good deeds. Thanks to the repentance and atonement that we undergo during the month of Elul and Aseret Yemei Teshuvah (the ten days of repentance), this in-gathering is innocent and pure, and we can thoroughly enjoy it.

Sukkah and the Land of Israel

In this sense, the mitzvah to live in the Sukkah and the mitzvah to settle the Land of Israel are similar (Vilna Ga’on, cited in Kol HaTor 1:7). Both of these mitzvoth envelop us, and we immerse ourselves in their atmosphere of holiness. By doing so, even our mundane activities become sanctified.

By settling the Land, the Jewish people show the world that when life is illuminated by faith and Torah, everything becomes sanctified: eating, drinking, and sleeping; family life and interpersonal relationships; work and craft; business and scientific research.

The Sukkah of Peace

If we gather together all the different types and degrees of goodness, even those which seem to contradict each other, God spreads His Sukkah of peace over us, and the Jewish people stand united and with solidarity. If each positive quality stands alone, there is no unity. But on the holiday of in-gathering, when all positive qualities are gathered together, unity appears. Thus our Sages state: “It is appropriate for all Jews to sit in one Sukkah” (Sukkah 27b). Similarly, taking the four species together hints at the variety of Jews who join together on Sukkot.

The Land of Israel unites the entire Jewish people, including all its groups and subgroups; the redemption depends upon this. Therefore, it comes as no great surprise that all the evil in the world has risen up against the Jewish people, which has returned to rebuild its homeland in accordance with God’s word as conveyed by His servants the prophets.

Israel and the Nations of the World

Since Sukkot reveals the sanctity of all spheres of life, the holiday is relevant to non-Jews (who are traditionally referred to as the seventy nations of the world). Accordingly, our Sages state that the seventy bulls which we offered in the Temple over the course of Sukkot were offered on behalf of the seventy nations. (See Peninei HalakhaLaws of Sukkot 1:13).

Our relationship with non-Jews is complex. Throughout our long history, they often viciously abused us; nevertheless, our basic attitude towards them is positive.

The following two quotes from the Sages illustrate this attitude. The Talmud states, “Woe to the non-Jews, who lost something but do not know what they lost. When the Temple stood, the altar atoned for them. Now who atones for them?!” (Sukkah 55b). According to the Midrash, “The Jews said, ‘Master of the Universe, we offer seventy bulls [for the non-Jews]; they should love us, but they hate us.’ Thus we read in Psalms 109:4: ‘They answer my love with accusation, but I am all prayer'” (Bamidbar Rabbah 21:24).

Sukkot in the Future

Because Sukkot is the holiday which expresses the connection between Jews and non-Jews, in the future it will be the litmus test for the nations of the world. All who ascend to Jerusalem on Sukkot, to bow before God and to celebrate together with the Jewish people, will merit great blessing. This accords with what Zechariah says about non-Jews: “All who survive of all those nations that came up against Jerusalem shall make a yearly pilgrimage to bow to the King, Lord of Hosts, and to observe the holiday of Sukkot. Any of the earth’s communities that do not make the pilgrimage to Jerusalem to bow to the King, Lord of Hosts, shall receive no rain. . . It shall be afflicted by the same plague with which the Lord will strike the other nations that do not come up to observe the holiday of Sukkot” (Zechariah 14:16-18).

Attitude towards Philo-Semitic Christians

In modern times, we have witnessed increased support for Israel among evangelical Christians. Lord Balfour is probably the best-known among them. Thanks to his belief in the Bible, he spearheaded the British decision to establish a national home for the Jewish people in the Land of Israel. Since the foundation of the State of Israel, the numbers of philo-Semitic evangelicals have increased. They see with their own eyes how the Jewish people is returning to its land after its awful, two-thousand-year-long exile, and is creating a prosperous country. They see new settlements and vineyards flowering in the very areas described by the Bible, and they are excited by our miraculous return to Zion. They are overwhelmed by the fulfillment of the ancient prophecies of the prophets of Israel.

However, Jews must deal with the question of how to relate to friendly Christians. For close to two thousand years, Christians have persecuted the Jewish people – murdering, debasing, expelling, or forcibly converting them. How is it that suddenly Christians love us? Furthermore, how do we handle the Rambam’s declaration that Christianity is idolatry?

The Attitude towards the Jews and the Torah Is the Litmus Test

It would seem that everything depends on their attitude towards the Jewish people and the Torah. The most serious problem we have with Christianity is its denial of God’s choice of the Jewish people and of the eternal relevance of the Torah. Christians have classically believed in supersessionism, maintaining that they have replaced the Jews and that the Torah and its commandments are no longer binding. Because of these beliefs, they caused us a tremendous amount of suffering. Additionally, they did as much as they possibly could to convert Jews to Christianity.

As Rabbi Kook puts it: “The primary poison contained in belief systems which deviate from the Torah, such as Christianity and Islam, is not in their concepts of God, even though they differ from what is correct according to the fundamental light of the Torah. Rather, [the poison] is in what results from them –abrogating the practical mitzvot and extinguishing the [Jewish] nation’s hope regarding its complete renaissance” (Shemonah KevatzimKovetz 1, #32).

Elsewhere, in discussing Jewish attitudes towards different religions, Rabbi Kook states that our goal is not to replace or nullify them, but rather to gradually elevate and correct them, so their dross will disappear. This will inevitably lead [the religions] to return to their Jewish source (Igrot HaRa’ayah, Vol. 1, p. 142). It seems that Christian philo-Semites are undergoing a very impressive process of elevation never previously experienced by Christianity. Therefore, with the appropriate caution, we are spiritually and ethically obligated to relate to this process very positively.

Tommy Waller

Recently, a troublemaker distributed libelous materials accusing Tommy Waller, an American Christian, of being a missionary. This despite the fact that Tommy has been actively recruiting Christian volunteers for Israel for ten years, and not a single Jew claims that Tommy or any of the thousands of people he has brought here have tried to undermine their faith. Therefore, I feel it is incumbent upon me to speak on his behalf.

Out of an abiding faith in the uniqueness of the Jewish people and in the Divine mission to settle the Land, Tommy has rallied support for Israel from American Congressmen and Senators. The (former) head of the Shomron Regional Council, Mr. Gershon Mesika, told me that Tommy’s activities have been very influential. Each year, through the summer, he organizes groups of Christians who love Israel to volunteer here. As he is a big believer in family values, many of the volunteers come with their entire families, including the young and the elderly. In recent years, at the request of the Regional Council, the Har Bracha settlement has hosted the volunteers on a hilltop near our community. From this base, the volunteers set out to work in vineyards and orchards throughout the Shomron.

Because of our difficult history with Christians, and due to concerns about possible missionizing, I felt it necessary to meet with Tommy. I wanted to have an upfront discussion with him about precisely what his positions were. At the same time, I wanted to convey a Jewish position without kowtowing or obsequiousness.

In the course of our conversation, I asked him: “If a Jew were to come before you and ask you whether it is better to be a Jew or a Christian what would you tell him?” He responded: “I would tell him to be a Jew!” Tommy added that he had not always thought this way. Originally, like other Christians, he was interested in everyone becoming Christian, but eventually he realized that this earlier position was the result of ignorance. Now, following his exposure to the Jewish renaissance in the Land of Israel, he wishes for all Jews to observe the Torah and mitzvoth.

I asked Tommy what led him to dedicate his life to bringing Christian volunteers to Israel. He told me that he read Isaiah 61:5: “Strangers shall stand and pasture your flocks; aliens shall be your plowmen and vine-trimmers.” This greatly moved him, and he said to himself: “Maybe I can be the one who is privileged to fulfill this holy verse!” Ever since then, he has encouraged people to visit Israel and to help Jews work the land.

Every summer Tommy brings hundreds of volunteers, some for a week and some for longer periods. They bring us greetings of peace and friendship from tens of millions of Americans who love us, and when they return home they serve as loyal ambassadors for Israel.

For the Sake of Heaven

When I began to look into this issue a number of years ago, I publicly declared that I would not accept any money for myself or my yeshiva from Christian friends of Israel, so that I could research the subject without a conflict of interest. I also made a statement to that effect in my column about two years ago.

In the meantime, at the initiative of a Jewish go-between, the Har Bracha settlement received such a donation, 120,000 shekels which it used towards building a park that cost over half a million shekels. When I heard about this, I asked the secretary general of Har Bracha to do me a favor and return the money. This was not because I felt there was any halakhic problem with accepting it, but because I wanted our positive attitude towards Christian philo-Semites to be purely for the sake of heaven. The righteous secretary general apologized and said he had not thought I had included the settlement in my commitment. (In truth, while I am the rabbi of the settlement, I cannot make commitments for it.) To my delight, he nevertheless responded positively to my request and returned the entire amount.

Hopes of Redemption

Sometimes I see these honored guests walking on our roads and paths, and I am filled with great love; I am deeply moved and have to hold back tears. How beautiful are these people, who volunteer enthusiastically, crossing oceans and continents to come express their wonderful connection with us. How they shine with joy at being privileged to see the miraculous return to Zion, to walk on holy ground, and to contribute to making the desert bloom. Perhaps they are the pioneers who begin to fulfill the words of the prophecy:

 

“In the end of days, the Mountain of the Lord’s House shall stand firm above the mountains and tower above the hills, and all the nations shall stream towards it. Many peoples shall go and say: “Let us go up to the Mountain of the Lord, to the House of the God of Jacob, that He may instruct us in His ways, and that we may walk in His paths.” For Torah shall come forth from Zion, and the word of the Lord from Jerusalem. He will judge among the nations and arbitrate for the many peoples. They shall beat their swords into plowshares and their spears into pruning hooks; nation shall not take up sword against nation, and they shall never again know war” (Isaiah 2:2-4).

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For related articles by Rabbi Melamed, see “Christians Who Love Israel” and “Make His Deeds Known Among the Nations.”

This article previously appeared in the ‘Besheva’ newspaper, and was translated from Hebrew.

Return to Torah, Faith, and Intimacy

The Holy of Holies expressed the foundations of faith, and in its absence on Yom Kippur, we should return to the value of faith, and to the belief that the world can be repaired in its light * The Holy of Holies is also the place of the Torah, and now is the time to strengthen our bond to it * Similar to the daughters of Israel of old who danced in the vineyards on Yom Kippur, nowadays on Yom Kippur, it is also appropriate for single men and women to pray for their match, and to clarify their aspirations * Those who need to take pills during the fast can swallow them if they do not have a good taste * Comfortable shoes are forbidden comparable to leather shoes * Social protests: Many of the struggles cause more damage to society than good

Yom Kippur – the Holy of Holies

The essence of ‘teshuva‘ (repentance) lies in the uppermost of sources, and thus, the primary service of Yom Kippur in the ‘Beit Ha’Mikdash‘ (Holy Temple) took place in the ‘Kodesh HaKodeshim’ (the ‘Holy of Holies’, the Inner Sanctuary). The ‘Beit Ha’Mikdash‘ is the place where Godly values ​​are revealed, and are drawn from there to the entire world. In the ‘Heichal‘ (Sanctuary), entitled ‘Kodesh‘, was situated the ‘menorah‘ (candelabrum), symbolizing all of human wisdom; the ‘shulchan‘ (the ‘Table of the Showbread’) symbolizing all types of work with which man makes a livelihood; and the ‘mizbayach ha’ketoret’ (the ‘Altar of Incense’) symbolizing the prayers and yearnings for closeness to God. On a more exalted level, in the ‘Kodesh Ha’Kodeshim‘, the ‘Holy of Holies’, the foundation of Israel’s faith and Torah is revealed. Thus, the ‘Aron Ha’Brit‘ (the Holy Ark), in which the ‘luchot HaBrit’ (Tablets of the Law) and the Torah were placed, was situated in the ‘Holy of Holies’, and above it were the two ‘Cherubim’ symbolizing the covenantal connection and love between God and Israel. From the ‘Holy of Holies’, life force is drawn to the entire world, to all the various human wisdoms and types of work, and to all living beings and their longings. Only the Kohen Ha’Gadol (High Priest) himself, in the name of all of Israel, would enter the ‘Holy of Holies’ on Yom Kippur, so as to unite the entire world with its source, and thereby draw to it atonement, forgiveness, and life.

After the destruction of the Holy Temple and the subsequent exile, the sanctity of the ‘Holy of Holies’ is revealed by way of Israel’s desires and yearnings for God’s name to be sanctified on His nation of Israel, on His city of Jerusalem, on Zion the dwelling place of His glory, on the kingdom of the House of David, on His foundation and sanctuary, and God alone will reign King over all His works.

Return to the Values ​​of the ‘Holy of Holies’

The repentance of Yom Kippur is the return to the basic values ​​revealed in the ‘Holy of Holies’. First and foremost is the value of ‘emunah‘ (faith), which is compatible to Israel’s ideals. For indeed, the purpose of the Jewish people is to reveal faith in God and Divine ideals – in other words, the way to live in this world in the light of the Divine values according to the guidance of the Torah, until the world’s complete rectification. This ideal is expressed in the infinite belief that it is always possible to correct reality, and elevate it to a higher level. The tablets of the Ten Commandments placed in the Ark in the ‘Holy of Holies’ symbolized the covenant of faith between God and Israel, receiving expression through the commandments of the Torah – the essence of which is the Ten Commandments. The ‘Cherubim’ above the ark also hinted to the connection between God and ‘Knesset Yisrael’ (the Assembly of Israel).

Consequently, the main prayers on Yom Kippur concern ‘Clal Yisrael‘, in whose redemption the revelation of faith and redemption of the entire world depends.

Awakening to Torah Study

Inside the Ark were the Tablets of the Law, and a Torah scroll was also placed in the ‘Holy of Holies’. True, there is a dispute as to whether it was placed inside the Ark, or on its side. The opinion that the Torah scroll was placed inside the Ark is understandable, for the Torah is the foundation for all the revelation of God’s Word to the world and His guidance. The question is: What is the reasoning of those Torah scholars who believe that the Torah scroll was placed on the side of the Ark? Perhaps it can be explained that in their opinion the Torah is not only the tangible Torah scroll itself, i.e., the Written Torah alone, rather, the Torah includes both the Written and the Oral Torah; consequently, the Tablets of the Law, which symbolize the covenant between God and ‘Knesset Yisrael‘ expresses the entire Torah, and therefore only they were placed in the Ark.

As a continuation to the Yom Kippur service in the ‘Holy of Holies’, it would be appropriate on Yom Kippur for every man and woman, old and young, to connect to the Torah with greater drive and enthusiasm, and take upon ourselves to increase and deepen our Torah study in the coming year. Shabbat is the day on which one must be most diligent about increasing Torah study, because by learning on Shabbat, illumination is drawn from the ‘Holy of Holies’ and infused into the practical aspects of life. This is particularly appropriate for those engaged in ‘yishuv ha’olam’ (developing society practically), upon whose Torah study on Shabbat, ‘Tikkun Ha-Olam‘ and its redemption, depends.

Establishing Blessed Jewish Families

When the ‘Beit HaMikdash’ existed, after the service of the ‘Kohen HaGadol’ in the Temple, the daughters of Jerusalem would dance in the orchards, and in this manner, find their future husbands. Seemingly, one could ask: How could it be that on the sacred and awesome Day of Atonement, Yom Kippur, they concerned themselves with finding their spouse? However, establishing a Jewish family is interrelated to the ‘Holy of Holies’, as our Sages said concerning a husband and wife who are loyal to each other, that the Divine Presence abides among them (Sotah 17a), for through their loyalty and love, Divine unity is revealed in the world. Similarly, the Ari HaKadosh said that the mitzvah to “love your neighbor as yourself” (Leviticus 19:18), regarding which Rabbi Akiva said, “This is a great rule in the Torah” (Safra, ibid.), is fulfilled in its completeness between husband and wife. We also find that the shape of the ‘Cherubs‘ placed on the Ark in the ‘Holy of Holies’ was in the form of a man and woman fulfilling the mitzvah of conjugal relations. This comes to teach us that holiness does not diminish life, but rather, empowers it. And when Israel ceased to do the will of God, the ‘Cherubs‘ parted one another, turning their faces towards the Temple (Bava Batra 99a).

Think and Pray about Matchmaking

True, nowadays we do not engage in matchmaking on Yom Kippur. Perhaps because we do not deserve to do so when the Temple is destroyed. In any case, seeing as the sanctity of Yom Kippur is interrelated with the sanctity of the Jewish family, it is appropriate for all single men and women to think and pray about finding their respective partners. Often, the negative character traits of pride and greed prevent a person from finding a suitable match. On Yom Kippur, when one’s pure soul is revealed, he is able to reflect more accurately about his aspirations in life, and about a truly suitable match with whom he can fulfill a life of Torah and mitzvot, and together, increase joy and life.

Married couples should also repent on Yom Kippur for not having loved and cheered each other properly, and pray they will unite in love and joy, that the ‘Shekhina’ (Divine Presence) dwell between them, and merit raising sons and daughters engaged in Torah and mitzvoth.

Swallowing Medications on Yom Kippur

It is permissible for a person who regularly takes pills every day to swallow them on Yom Kippur, and likewise, a sick person experiencing discomfort due to his illness is permitted to swallow pills for medicinal purposes on Yom Kippur, provided the pills do not have a good taste and one makes sure to swallow them without water. A person who cannot swallow pills without water can mix a drop of soap into the water, thereby significantly spoiling its taste, and with this water, swallow the pill.

Also, someone who suffers from severe headaches due to a lack of coffee or for other reasons, is permitted to take pills containing caffeine, or pills to relieve headaches. Likewise, someone who knows that fasting is liable to cause an outbreak of pain, such as a one who suffers from migraine headaches, is permitted to take pills in advance to prevent the onset of such pain.

Shoes Made of Rubber or Cloth

It is forbidden on Yom Kippur to wear shoes or sandals that people regularly wear while walking outside in places where there are stones, no matter what material they are made of. But it is permissible to wear cloth slippers or very plain rubber shoes which people do not regularly wear outdoors in places where there are stones and gravel. True, in the past the practical instruction went according to the opinion of the Rishonim who were lenient and permitted one to wear any type of shoes and sandals that were not made of leather. However, these were sandals and shoes that were uncomfortable to walk in, because in the times of our Sages and the Rishonim, shoemakers did not yet know how to make sturdy, durable, and flexible shoes and sandals from materials other than leather. Therefore, it was possible to say that anything made of these materials was not considered shoes or sandals. But today, when sturdy shoes are regularly made from various non-leather materials, they are considered similar to ordinary shoes and sandals, and therefore, it is forbidden to wear them on Yom Kippur.

Indeed, in the previous generation when the production of shoes and sandals of reasonable quality from non-leather materials began, there were rabbis who nevertheless instructed leniently, permitting them to be worn on Yom Kippur because there was still a considerable difference between shoes made of leather and other materials. But as time passes, and the production of quality shoes from various materials becomes the norm, fewer poskim permit them to be worn on Yom Kippur (Peninei Halakha: Yamim Nora’im 9:5).

The Protests of the Disabled and Social Organizations

Q: Rabbi, with Yom Kippur approaching, I would like to ask you a question: Why is it that the religious public, who knows how to fight for national causes, does not participate in the social struggles of justice for disadvantaged groups, such as the disabled and single mothers?

A: These issues are complex, and the majority of people fighting for them are ignorant of the complexities, and as a result, their positions contain numerous moral flaws. Thus, often the damage of accepting the demands of the activists is greater than the benefits, both morally and socio-economically. Take for example the protest of the disabled: the majority of their claims are unjustified, mainly because they refuse to accept the government’s proposal to provide substantial assistance to those who are truly unable to make a living, and provide reduced assistance to those with disabilities who are able to earn a living (the definition of work disability is only a partial measure of physical work).

The principle is that a person should be responsible for his own life, and only when he incapable of doing so is it a mitzvah for society to assist him. The term “disadvantaged” is also fundamentally flawed, because it assumes that there are groups that have ‘deprived’ them, and as a result, are obligated to compensate them. In order to win these struggles, left-wing movements throughout the generations use methods of false propaganda, and implant misleading terms in the public discourse which unconsciously create a distorted picture of the world.

Yom Kippur is intended for ‘teshuva’ out of love, and the most severely immoral thing is to exploit the emotional motivation of ‘teshuva’ and love for foreign purposes that conform to the interests of various groups. Similarly, it is also forbidden to exploit the feelings of repentance in order to humiliate people who work and earn a living, and instill in them feelings of guilt for supposedly weakening other people, accusing them of being successful, healthy, and having functioning families, instead of praising them for their contribution to society, and to the state.

It should be noted that even a poor person, or one who suffers, should repent on Yom Kippur. He must cleanse his heart of feelings of jealousy, envy, and blaming others for his fate, and fill his heart with gratitude towards those who help him. Precisely on account of this, he will enjoy a good life, honor, and well-being.

This article appears in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at:
http://en.yhb.org.il/

Three Days of Holiness

It is a mitzvah to rejoice on Rosh Hashanah and accept the yoke of Heaven with joy, out of fear and remorse * On these days we can atone for what we have failed to do for Am Yisrael, on condition we make our best efforts to fix the situation * Our main objective this year: changing in the legal system * According to halakha, it is permitted to wash in hot water on Rosh Hashanah * Caution not to accidently pull-out hairs and wring-out water while bathing * It is forbidden to prepare from the first day of Rosh Hashanah to the second day * By means of the ‘eruv tavshilin’, we can prepare from the second day of Rosh Hashanah for Shabbat

Rosh Hashanah and Accepting God’s Kingdom with Joy

Rosh Hashanah is one of the Jewish holidays in which it is a mitzvah to rejoice (Shevuot 10a), and therefore the eve of Rosh Hashanah is one of the four days when large numbers of animals were slaughtered, and consequently, those selling the slaughtered animals were required to warn purchasers against the prohibition of “it and its young”, namely, the prohibition against slaughtering an animal and its young on the same day (Chullin 83a). Rosh Hashanah is also “yom teruah,” (day of blasting the shofar), i.e., a day of fear and remorse, because on this day life of the previous year ends, and what we failed to do is lost. On this day God also creates life of the New Year, and consequently, it is a day of judgment. The teruah, which is a broken and disjointed sound, expresses the aspect of fear. However, the Torah commanded us to blow before and after the teruah a tekiah peshuta (a straight, flat sound) expressing joy, because the purpose of judgement and fear is for our correction, and therefore, it includes joy. Consequently, the essence of repentance on Rosh Hashanah is for us to accept upon ourselves God’s kingdom, and thus connect and become a partner in all Godly ideals; such an exalted matter as this, is accompanied by both joy and fear.

Accordingly, halakha determines that on Rosh Hashanah we should partake in choice and fine meals as a good sign for the entire year, but on the other hand, not to over eat, so as to maintain proper fear for the day (S.A, O.C. 597:1).

Reforming the Judicial System

Our Sages said (Tanchuma, Emor 22), that by way of the repentance and fasts of the righteous before Rosh Hashanah, the Holy One, blessed be He, waives a third of our sins, and by way of Yom Kippur of all of Israel, He waives the other two thirds. The Shelah HaKadosh, Rabbi Isaiah ben Avraham Horowitz, explained that God does not waive sins one transgresses himself, for concerning that our Sages said: “Anyone who says that God waives the execution of justice, his life will be waived” (Bava Kama 50a), and atonement for a sin that one transgressed must be done in detail. Rather, the intention is “on the transgressions that all of Israel are guarantors of one another” (Shevuot 39a). For there is room to argue against us that we failed to do everything possible to awaken the public to Torah and mitzvot, but by means of our repentance, it is proven that we really do want the name of the Almighty to be sanctified in the world, and as a result, we are not punished for the sins of our fellow Jews.

It is also important to add that when we are able to act, repentance is accepted provided we accept upon ourselves to do our best to correct the situation. In the coming year, the challenge before us is to reform the judicial system, which today is the governmental establishment most detrimental to the values ​​of the Jewish people, the Torah, and the Land of Israel. Only if we understand the depth of the problem and demand that the public’s representatives act efficiently and diligently to remedy it, will we be free from the mutual responsibility of each and every one of us for the grave damage the legal system causes to the dignity of Israel and the Torah.

Bathing on Yom Tov and Shabbat

This year we are blessed with three consecutive holy days and seeing as many people are accustomed to shower every day and if they refrain from bathing for three days, consequently, they will defile the honor of the holiday and Shabbat, it is worthwhile to review and study the laws of bathing on Shabbat and Yom Tov.

It is permitted to bathe in hot water that was heated on the eve of Yom Tov, or in hot water that was heated on Yom Tov by a dude shemesh (solar water heater) or a Shabbat clock. This is the difference between Shabbat and Yom Tov – on Shabbat, it is permitted to bathe in lukewarm water, but not hot water, whereas on Yom Tov, it is permissible to bathe in hot water (Peninei Halakha: Shabbat 14:8).

There are, however, some poskim (Jewish law arbiters) who are stringent, and are of the opinion that the halakha for Yom Tov is the same as Shabbat, and that even on Yom Tov, one is permitted only to bathe in lukewarm water. There are some poskim who are stringent and are of the opinion that on Shabbat and Yom Tov it is forbidden to bathe even in lukewarm water, and this is the custom of some Ashkenazi Jews. In practice, however, the halakha follows the majority of poskim, who are of the lenient opinion that it is permissible to wash in hot water on Yom Tov. And when refraining from bathing causes sorrow, such as on the two days of Rosh Hashanah, or on Yom Tov followed by Shabbat, it is appropriate to act according to the lenient poskim, in order to honor and enjoy the holiday.

Likewise on Shabbat, if a person suffers from not washing he may wash himself with lukewarm water, i.e., water in which one does not receive enjoyment from the warmth, but on the other hand, does not suffer from the cold.

Using a Solar Water Heater (Dude Shemesh)

If one has a solar boiler (dude shemesh), he may bathe in water that was heated up on Yom Tov. One who does not have a solar boiler may turn on his electric boiler before Yom Tov. So as not to waste electricity, he may connect the boiler to a timer so that it remains activated only for the amount of time necessary.

Unlike on Shabbat, on Yom Tov the hot water tap may be turned on, even if the water is boiling hot, and even if the heating element is working. This is because on Yom Tov there is no prohibition on cooking. However, one may not turn on an electric boiler on Yom Tov because doing so is considered lighting a fire. As we have already seen, it is forbidden to light a new fire on Yom Tov (Peninei Halakha: Moadim 5:10).

Soap and Hair Conditioner

It is permissible to use liquid soap on Shabbat and Yom Tov. But as far as bar or a thick liquid soap is concerned, many people are accustomed to be stringent and not use them, but those who wish to be lenient have an opinion to rely on (Peninei Halakha: Shabbat 14:6).

It is permitted to wash one’s hair very gently with shampoo and conditioner (liquid). This is provided that there is no certainty that shampooing will pull out hair. Even if hair is found in the shower afterwards, as long as one washed his hair gently, there is no certainty that the shampooing caused the hair to be pulled out, because these hairs may have been removed from their source beforehand, and subsequently, were washed away with the water. However, if it is clear that shampooing will pull out even one strand of hair – it is forbidden to wash one’s hair.

For a woman with long hair who is used to combing it after washing, it is proper for her not to wash her hair on Shabbat or Yom Tov, so that she will not come to make a mistake afterwards and transgress the Torah prohibition of brushing or combing (Peninei Halakha: Shabbat 14:3). A woman who feels a great need to wash her hair and is certain not to error after shampooing by combing her hair, is permitted to do so on Yom Tov as well.

It is also necessary to be careful while washing one’s hair or beard not to squeeze the hair, for such squeezing is forbidden because of the melacha of ‘dash‘ (threshing), because it removes from the hair water and soap that could be used for further washing. But one can dry his hair with a towel because seeing as he has no interest in the water wrung from the hair and absorbed by the towel, there is no prohibition of sechita (Peninei Halakha: Shabbat 14:8).

The Prohibition of Preparing from the First Day of Rosh Hashanah to the Second Day

One should be careful not to do any preparatory actions from the first day of Yom Tov of Rosh Hashanah to the second day, because the first day of Yom Tov is a Torah ordinance, while the second day is from Divrei Chachamim (rabbinical status). Therefore, it is forbidden to cook or heat food, or to set the table from the first day of Yom Tov to the second day (S.A., O.C. 503:1). Likewise, it is forbidden to wash the dirty dishes used on the first day in order to use them on the second day; rather, only after tzeit ha’chochavim (emergence of the stars, or nightfall) which this year is at 7:00 P.M., it is permitted to prepare food and heat it up, wash the dishes, and set the table for the second Yom Tov evening meal.

This is the reason why, in practice, the second night meal is postponed for at least an hour after tzeit ha’chochavim. Some rabbis are accustomed to extend their second night’s sermon so that in the meantime, the food will be sufficiently warmed up.

Food should not be removed from the freezer on the first day to be eaten at the second night’s meal. In a sha’at dachak (extenuating circumstance), when waiting for the first day of Yom Tov to end will cause grievance and a significant delay of the meal, it is permissible to take the food out during the day (Peninei Halakha: Moadim 2:2, footnote 12).

Candle Lighting on the Second Night

It is proper to light the candles of the second Yom Tov after tzeit ha’chochavim, so as not to prepare from the first day of Yom Tov to the second day. A woman who lights bein ha’shmashot (the time between sunset and tzeit ha’chochavim) has an opinion to rely on, since at that time there is also a certain amount of honor and enjoyment from the candles. Since it is forbidden to kindle a new fire on Yom Tov, a candle should be prepared before the holiday that will remain lit for more than twenty-four hours from which one can light candles on the second night. If one did not prepare such a candle, he should seek assistance from neighbors who have a lit candle.

One may force the candles into the candlesticks even though this may shave off a bit of the candles. It is also permitted to use a knife to remove wax left in the candlestick, if it is getting in the way of putting in the new candles. Similarly, if one uses tea lights or votive candles, he may pry the little metal discs left over from the previous night out of the glass cup. If one uses floating wicks, they may be inserted into the cork disks that hold them. However, one using regular candles may not melt the bottoms to make them stay in the candlestick. Similarly, it is forbidden to cut the bottoms or sand them in order to stick the candles into the candlesticks (Peninei Halakha: Moadim 2:2).

Eruv Tavshilin

This year we are blessed in that Rosh Hashanah and Shabbat are linked, and thereby, we ascend from the sanctity of Yom Tov to that of Shabbat. Our Sages enacted that before Yom Tov we place an eruv tavshilin, and by doing so, we are reminded of the honor of Yom Tov and the honor of Shabbat.

By means of the eruv tavshilin we are permitted to make on Yom Tov any preparation that is required for Shabbat. This includes cooking and heating food for Shabbat, washing dishes used during Yom Tov before Shabbat, and to prepare the candles for the lighting of the Shabbat candles. As for the preparation of food, one must make sure that the dishes prepared for Shabbat are ready before sunset, so that in principle, food prepared on Yom Tov can also be eaten on Yom Tov by guests who may arrive.

Shabbat Candle Lighting

It is permitted to prepare candles for Shabbat as one prepares them for the second day of Yom Tov, and one is permitted to light the Shabbat candles from a lit flame. To do so, one must prepare a candle that will be lit throughout Yom Tov, and if the candle burned out, one should seek assistance from neighbors who have a lit candle.

One must be very careful to light Shabbat candles before sunset according to the times appearing on calendars since unlike on Yom Tov, on Shabbat it is forbidden to light a candle, and even before sunset, one should accept the Shabbat, and begin avoiding all Shabbat prohibitions.

This article appears in the ‘Besheva’ newspaper and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at:
http://en.yhb.org.il

Fasting on Yom Kippur

A regular sick person who feels pain in his entire body but whose life is not in danger is obligated to fast, but may swallow tasteless pills * A gravely ill person is obligated to eat * Not all medical concerns are deemed life-threatening, therefore one should ask a religiously observant doctor * Eating in ‘shiurim’ or ‘measures’, is only for the gravely ill * For diabetics, it is preferable to eat more than a ‘shiur’, and pray in synagogue * Pregnant and nursing mothers are obligated to fast and not drink in ‘shiurim’ * Today, sick people and pregnant women are not considered weak as in the past, but are actually healthier * In the era of milk substitutes, shortage of milk cannot be considered a danger * Advice for nursing women before the fast

The Mitzvah to Fast

The most important aspect of atonement on Yom Kippur is contingent on fasting. By fasting, a person withdraws from all bodily actions, draws within his inner-self, his soul, and reveals his true, inner aspirations – to follow Torah and mitzvot, and thus participate in ‘tikkun olam’ (repairing the world). By doing so, his sins become external, and ‘zedonot’ (willful transgressions) are transformed into ‘shegagot‘(inadvertent errors). And if on account of Yom Kippur a person merits repenting deeply and completely, to the point where he amends all of his sins, he will also merit having his ‘zedonot’ transformed into ‘zechuyot‘(spiritual credits).

Consequently, the mitzvah of fasting is the only commandment intended for each and every Jew on Yom Kippur, as it is written: ” “[Each year] on the 10th day of the 7th month you must fast…this is because on this day you shall have all your sins atoned, so that you will be cleansed. Before God you will be cleansed of all your sins” (Leviticus 16:29-30).

A Sick Person Whose Life is Not in Danger is Obligated to Fast

Even one suffering pain from his illness, as long as his life is not in danger, it is forbidden for him to eat or drink anything. If necessary, he should lie in bed all day, rather than eat or drink something.

This is the difference between Yom Kippur and other fasts – namely, on the fast of Yom Kippur, ill people must also fast because it is a Torah prohibition; on the fast of Tisha B’Av, ill people are exempt from fasting; and on the minor fasts, pregnant and nursing mothers are also exempt.

Swallowing Medication

Nevertheless, a sick person who experiences discomfort from his ailment, or those who take medication daily, are permitted to swallow medicine on Yom Kippur, provided these pills do not taste good, and as such, are not considered food. One should take care to swallow them without water. Those who cannot swallow them without a liquid can mix a drop of soap in water, thus exceedingly impairing its taste, and swallow the pill with such water.

Headache Sufferers

If the fast causes a person great pain, he is permitted to take pills to relieve the pain. Similarly, individuals suffering from intense headaches due to not drinking coffee are permitted to take pills containing caffeine, or pills to relieve headaches.

The Gravely Ill

Someone who is gravely ill and the fast is liable to result in his death, is commanded to drink and eat as necessary, because ‘pikuach nefesh’ (saving a life) overrides the mitzvah of fasting, as is the case for all other mitzvoth from the Torah (Yoma 85b). A person in a state of ‘safek sakana’ (questionable risk of death) and is ‘machmir‘ (stringent) with himself not to drink or eat, sins, for He who commanded us to fast, also commanded us to eat and drink on Yom Kippur when the fast is likely to endanger life.

This holds true not only in a situation where as a result of fasting a significant percentage of sick individuals will die; rather, as long as there is a possibility the fast will cause an ill person’s death, or weaken his ability to cope with his dangerous illness, it is a mitzvah for him to eat as necessary. Similarly, if the fast is liable to hasten the death of a terminally ill person on the verge of dying, it is a mitzvah for him to eat and drink as needed because in order to save a life – even for a short period of time – it is permissible to eat and drink on Yom Kippur.

Not to Be Overly Concerned

On the other hand, however, one should not be overly concerned, for if we were to worry about ‘sakanat nefashot’ (endangering life) over every common illness, in effect, we cancel the halakha determining a sick person is obligated to fast on Yom Kippur.

Not only that, but if we overly exaggerate and worry about extremely remote dangers, we would have to hospitalize every sick person with the flu, and ban unnecessary car travel out of fear of automobile accidents, and the like.

Rather, the general rule is that any danger that people normally treat urgently, investing time and effort, such as rushing a sick person to a hospital in the middle of a work day, is considered ‘sakanat nefashot’, and in order to prevent it, it is a mitzvah to desecrate Shabbat and drink and eat on Yom Kippur. But dangers in which people do not rush and devote time and resources to deal with, is not considered ‘sakanat nefashot‘.

How to Evaluate ‘Sakanat Nefashot’

A doctor who is in doubt should contemplate what he himself would do if, on Yom Kippur, he became aware of a sick patient who was fasting. If he would get in his car and drive ten minutes in order to instruct the patient to drink and eat, thereby saving the patient from ‘safek sakana’, it is a sign that indeed it is a case of ‘safek sakanat nefashot’, and he should instruct an ill person coming to him to eat and drink on Yom Kippur. But if in spite of his responsibility for human life, he would not be willing to drive on Yom Kippur for ten minutes, it’s a sign there is no ‘safek sakana’, and he should instruct the patient to fast. This advice is beneficial for an ordinary doctor who, on the one hand, is not lazy, but on the other hand, does not particularly enjoy scurrying around between patients.

Ask an Observant Doctor

This halakha is entrusted to doctors, namely, that in accordance with the medical information at their disposal and their personal experience, they must determine when there is – or is not – a fear of danger. Still, a problem arises:  there are doctors who, due to excessive indecision or disregard of mitzvoth, inevitably instruct every sick person to drink and eat on Yom Kippur.

Therefore, in regards to this issue, people who are ill must take advice from a religiously observant doctor. And religious observance does not depend on the kippa one wears; rather, the most important thing is that the doctor be honest and ethical, and exhibit great responsibility towards both the sanctity of the fast and that of human life in his decision.

An ill person who mistakenly asked a doctor who is not observant and indeed was instructed to eat and drink, should hasten to ask an observant doctor before Yom Kippur. If one erred and did not ask an observant doctor, and has no opportunity to do so, he should drink and eat on Yom Kippur because although there is doubt whether the doctor replied correctly, the realm of doubt still remains, and in any situation of ‘safek nefashot’, one must be ‘machmir‘ (stringent) and eat and drink.

The Greatest Mistake in Eating in Measurements

A common and widespread misconception among doctors and the ill is the belief that the advice to drink in ‘shiurim‘ (measured quantities) is sort of a middle-path, suitable for sick individuals for whom the fast is not life-threatening. In truth, however, the status of ill people not in a life-threatening situation is similar to all others, and the severe Torah prohibition applies to them as well, i.e., it is forbidden for them to drink or eat anything.

Rather, the point about drinking in ‘shiurim’ is that even when a dangerously ill person needs to eat and drink on Yom Kippur, some authorities say it is preferable to eat and drink in ‘shiurim’. The ‘shiur’ for drinking is ‘k’mlo peev’ (a cheek-full of liquid), each person according to the size of his mouth. The ‘shiur’ for eating is ‘k’kotevet hagasa‘(a type of large date). In other words, eating and drinking less than a ‘shiur’ means drinking less than ‘k’mlo peev’, and eating less than ‘k’kotevet’, which is approximately 30 ml (S.A. 612:1-5, 8-10). The interval between drinking and eating is approximately nine minutes. Some authorities say that if the sick person is dangerously ill, he should drink and eat normally. And if there is a danger, even remote, that drinking and eating in ‘shiurim’ will cause even the slightest negligence in the strengthening of the dangerously ill person, he should drink and eat normally. For example, if a ‘yoledet‘ (a women after childbirth) is tired, it is better for her to drink normally so she can sleep uninterrupted, rather than having to stay awake in order to drink in ‘shiurim’.

Diabetics

For a person with diabetes, for whom fasting is life-threatening, it is better to eat more than a ‘shiur’ and pray in synagogue, than to stay at home and eat in ‘shiurim‘. There are two reasons for this: one, eating in ‘shiurim’ is a ‘hidur mitzvah’ (an enhancement of the mitzvah), while praying in a minyan is more important. Second, if we ask sick people to stay at home so they can eat in ‘shiurim’, some will nevertheless go to synagogue with the intention of eating there in ‘shiurim’ discreetly, but in practice, for various reasons will forget to eat as much as necessary, and as a result will blackout, become unconscious, or die, God forbid, as occasionally happens on Yom Kippur.

Pregnant Women are Obligated to Fast

Pregnant and nursing women are obligated to fast on Yom Kippur (Pesachim 54b; S.A.617:1). Even on Tisha B’Av, pregnant and nursing women are obligated to fast, kal v’chomer (all the more so) on Yom Kippur, whose requirement stems from the Torah.

There are some poskim (Jewish law authorities) who sought to permit pregnant women to drink in ‘shiurim’ because in their opinion, women have become weaker nowadays, and fasting may cause them to miscarry. However, from studies conducted in Israel and abroad, it was revealed that fasting does not increase the risk of miscarriage. Only in rare cases is fasting liable to induce labor in the ninth month of pregnancy and, in any event, this does not entail ‘sakanat nefashot’. Also, there is no evidence to the claim that nowadays women are weaker. On the contrary – today people are healthier than in the past, due to both the diversity and abundance of food, better hygiene, and medical advancements. This is also reflected in the rise of life expectancy by tens of years. Consequently, there is no room to be more lenient than in the past, and the halakha remains firm that pregnant and nursing women are obligated to fast (Nishmat Avraham 617:1).

Therefore, even a pregnant woman suffering from vomiting, high blood pressure, low hemoglobin (iron) or various ailments is obligated to fast on Yom Kippur, and it is forbidden for her to drink in ‘shiurim‘. Only in exceptional cases where the pregnancy is at risk, and in accordance with the advice of a religiously observant doctor, should a pregnant woman be instructed to drink, and in such a case, preferably in ‘shiurim’.

Nursing Women are Obligated to Fast

A nursing woman is obligated to fast on Yom Kippur (Pesachim 54b; S.A. 617:1). Although nursing causes fasting to be difficult because it results in a further loss of fluids, there is no danger to the mother or the fetus. Some poskim sought to be lenient regarding nursing women because in their opinion weakness has descended upon the world, and today, without nursing, babies are at risk. However, their opinions are extremely puzzling, for although there are certainly positive benefits to nursing and mother’s milk, nevertheless, there are many women who do not nurse at all, and we have yet to hear of doctors conducting a crusade in support of women continuing to nurse in order to save their children from mortal danger. If in the past when numerous babies died in their first year of life and there were no good substitutes for mother’s milk, the unambiguous halakha was that a pregnant woman was obligated to fast – even on Tisha B’Av – how is it conceivable that nowadays when there are good substitutes, this issue has become one of pikuach nefesh?!

Good Advice for Nursing Women

Doctors we are familiar with advise nursing women to drink three days before Yom Kippur at least four liters per day, and on the eve of Yom Kippur – from morning until the fast begins – about five liters, in order to store fluids ahead of Yom Kippur, and thus, also increase milk. Experience has shown that if a woman does so not only will Yom Kippur not affect her nursing, but as a result, her milk supply will increase. Very possibly, she might even be able to extract surplus milk ahead of Yom Kippur.

Another piece of advice from my wife for the fast to be easier for both mother and baby: to alternately skip two feedings – one at noon-time on Yom Kippur, and another towards the end of the fast, and instead, feed the baby a milk substitute.

This article appeared in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at: http://en.yhb.org.il/

Day of Judgement for the Entire Nation

The reward written in the Torah portion, and fulfilled in this world, is primarily for Clal Yisrael * The individual receives his reward or his punishment after his death; his life in this world is dependent on the nation, as well * Judgment on Rosh Hashanah is recorded primarily in regards to the Clal – first for Israel, and afterwards for the nations * Our existence is eternal and our redemption is guaranteed, but the question of how it will occur depends on our actions * When the Temple exists, reward is fulfilled in this world, and as a result, Israel acts properly, and does not wait for everything to be resolved in the World to Come * If people traveling abroad on Rosh Hashanah neglect Clal Yisrael and the Holy Temple, their journey is considered a sin

Reward and Punishment – Primarily for the ‘Clal’

Many people erroneously think that the reward and punishment written in the Torah pertaining to life in this world are directed primarily to the individuals – that if one follows the path of Torah and mitzvoth, he will enjoy wealth and happiness and a good and healthy life. If so, an alarming question then arises: How are there righteous people suffering from poverty, disease and ridicule, while there are wicked people who enjoy prosperity, health and honor? In truth, however, the reward and punishment written in the Torah were written for ‘Clal Yisrael’ (the entire physical and spiritual community of Israel, past, present, and future), for indeed, the Torah speaks of reward as rain falling over all the Land, a blessing for the harvest of the entire country, economic welfare for the ‘clal’, a general state of health and fertility, peace in the Land, victories over our enemies, a respectable status in the world, and above all, the dwelling of the Shekhina (Divine Presence). On the other hand, punishment is represented as the cessation of rain and dew, the harvest of the Land is cursed, poverty and hunger, plagues, defeat at the hands of our enemies, concealment of the Divine Presence, enslavement to other nations, and exile. True, the blessings and curses in the Torah portion BeChuko-tai are written in the plural, while those in the portion of Ki Tavo are written in the singular, nevertheless in both forms the intention is for ‘Clal Yisrael’ (as explained by Rashi, Deuteronomy 28:23).

Reward and Freedom of Choice

If the bulk of the reward and punishment in this world were for the individual, we would have no freedom of choice, and no expression of the image of God in which we were created; for who would be a fool to sin if immediately afterwards, he would lose his reputation, money, and become ill? But when judgement is for the ‘clal’, it evolves over a long and complex process, and consequently, the fate of the individual is dependent to a large extent on his over-all destiny, and not on his individual decisions, and in this way, each individual chooses his path according to his beliefs and values.

At any rate, the judgement remains unchanged, for in the ‘Olam HaNeshamot’ (the ‘World of Souls’), ‘Gan Eden’ (Heaven), and ‘Gehinom’ (Hell), every individual will receive entirely what is due to him.

The General Prayer on Rosh Hashana

Since primarily the reward and punishment written in the Torah deal with ‘Clal Yisrael’, judgement on Rosh Hashana is mainly for ‘Clal Yisrael’, and the world at large. Therefore, in the ‘Amidah‘ (silent) prayer of Rosh Hashanah, in the blessing of the day, our primary request is for the dwelling of the Shekhina and the revelation of God’s kingdom in the world, upon which all blessing is dependent. “Our God and God of our ancestors, may your sovereignty be acknowledged throughout the world. May your splendor and majestic glory be reflected in the lives of all who dwell on earth. May all that you have made be aware that you are their Maker, and may all that you have created acknowledge that you are their Creator; and may all that breathe the breath of life proclaim: The Eternal, God of Israel, reigns and His sovereignty embraces everything in the universe.”

Israel’s Judgement

Israel’s judgement affects the entire world, for Israel is to the nations as the heart is to the limbs of man’s body, and the entire existence of the world is dependent on Israel, who are required to reveal in the world the light of the Torah, so as to guide it to its complete ‘tikkun‘ (rectification), as our Sages said: “The Holy One, blessed be He, stipulated with the Works of Creation and said to them: ‘If Israel accepts the Torah, you shall exist; but if not, I will turn you back into chaos and anarchy'” (Shabbat 88a). Thus, since the giving of the Torah on Mount Sinai, in the merit of Israel’s adherence to Torah and mitzvoth the world exists, and the redemption of the world is dependent on Israel’s repentance. Since the responsibility placed on the Jewish people is immense, Israel’s punishment for sinning is greater than that of the Gentiles for their iniquities. On the other hand, Israel’s reward for choosing good is greater, for by doing so, they bring blessing and redemption to the entire world.

Therefore, the beginning of judgment on Rosh Hashanah is for the nation of Israel, as it is said: “Sound the shofar at Rosh-Chodesh
and at full moon for the pilgrim feast, because this is a law for Israel,
a ruling of the God of Ya’akov”
(Psalms 81:3-5), and after Israel is judged, God judges all the other nations (Rosh Hashana 8: 1-2).

‘Netzach Yisrael’ – The Eternity of Israel

Ostensibly, according to the rules of judgement, if, God forbid, Israel were to chose evil, God would obliterate them and destroy the world. But God chose His people and made a covenant with them, and therefore, even if they sin exceedingly, He will not abandon them, but punish them with terrible suffering, and with poured-out fury reign over Israel so they return to the proper path. As stated at the end of the words of the curses: “Thus, even when they are in their enemies’ land, I will not grow so disgusted with them nor so tired of them that I would destroy them and break My covenant with them, since I am God their Lord. I will therefore remember the covenant with their original ancestors whom I brought out of Egypt in the sight of the nations, so as to be a God to them. I am God” (Leviticus 26:44-45).

We have also learned in the Torah portions of the blessings and curses in the book of Deuteronomy, that in the end, after all the torment, God will punish the wicked who persecuted Israel twice as much for their sins, redeem His people and reconcile them to His land, as it is written: “For He will avenge His servants’ blood. He will bring vengeance upon His foes, and reconcile His people to His land” (Deuteronomy 32:43), and, “For Hashem will not desert his people, he will not abandon his heritage” (Psalms 94:14).

Thus, we find that the judgement on Rosh Hashana is not about Israel’s existence in this world and the World to Come, but rather, about the how they will live – whether in peace and blessing, or vice versa, God forbid. Israel is also guaranteed of the Redemption’s arrival, however, if they repent, the Redemption will come quickly and calmly; if not, after a long exile painful and horrible agonies will occur, and subsequently the exiled will be gathered and the land built, and we will continue ascending spiritually, until we merit redemption and complete repentance (Sanhedrin 97b, 98a; Zohar 3, 66:2).

Judgment for Individuals on Rosh Hashana

Although the primary judgement and reward and punishment is for the ‘clal’, individuals are also judged on Rosh Hashana, but their judgement is vastly dependent on the judgement of ‘Clal Yisrael’. For example, when the nation finds itself in the course of destruction and exile, the assessment of each individual is whether his standing is at the lowest point, or, despite the harsh reality, he merits some reprieve. If the nation is on a course of aliyah, prosperity and redemption, the assessment is whether one will also be a partner in the blessing. Occasionally in times of grace, the wicked receive only an apparent blessing, which they lose over time; and sometimes in periods of calamity, the righteous are punished with apparent punishments that over time lead to blessings. Thus, on the one hand, the judgement is exact and precise, but on the other hand, strongly influenced by the times – all for the sake of maintaining freedom of choice, and ‘tikkun olam’.

The Need for the Beit HaMikdash

Consequently, we can understand the importance of focusing on the Beit HaMikdash (the Holy Temple) and placing it at the top of the public agenda, because it expresses the sanctity of ‘Clal Yisrael’ – the ‘kodesh ha’clali’ (universal holiness) revealed in the world by way of Israel.

And should one ask: What’s so important about a particular place, or a specific building – after all, the most import thing is one’s heart and thoughts? To such a question, we will respond that without the tangible place – thoughts, ideals, and morality dissipate into thin air. For example, instead of actually helping the poor, it would be possible, so to speak, just to ensure them that they will be rewarded in the World to Come after they die. Instead of fighting the wicked, their punishment in hell would be enough. Instead of imposing the values ​​of morality and justice in the world, it’s enough to settle for a ‘victory of the spirit’, as it were.

Indeed, when there was no other option, and we were enslaved to evil kingdoms in the exile, all we had left was to believe that in the end, spirituality would triumph and the Beit HaMikdash would be rebuilt, as we mentioned in all our prayers and blessings – and this belief that we held, stood for us against all those who tried to destroy us.

However, when it is possible to act, believing in the “victory of the spirit” alone expresses a terrible heresy in the ability of holiness to influence and remedy life. And from here the path leading to idolatry is very short, specifically, to a foreign belief that the forces operating in the world are disconnected from the One God, and only a miracle, so to speak, can save the ‘tzaddikim’ (righteous), because nature itself is completely detached from the ‘Shekhina‘ (Divine Presence). This is what our Sages meant when they said that Jews living outside of the Land of Israel are considered idolaters (Ketubot 110b), because they cannot reveal the act of holiness in this world. This is the terrible despair that all our eminent and righteous Torah scholars warned of.

The Struggle for the Temple Mount

Today, if the appearance of the ‘kodesh ha’clali’ (universal sanctity) in the world is truly important to us we are obligated to make further progress, and the next stage required of us is to act with all our might to reveal the glory of the God of Israel on the Temple Mount, and to remove all signs of hatred and contempt for the sanctity of Israel. And as we say in the prayers of the ‘Yamim Nora’im’ (Days of Awe): “And therefore, Lord our God: Grant also, we pray, that your people Israel may live in dignity…grant joy to your land of Israel, and gladness to your holy city, Jerusalem…speed the time when those who love righteousness will behold these days and rejoice…when wickedness shall be silenced and every form of violence vanish like vapor, because you will cause the rule of arrogance to cease from the earth. And you will reign, you alone, over all humanity through Mount Zion, the place of your glorious shrine of old, and through Jerusalem, your holy city”.

Those Traveling Abroad to the Graves of the Righteous

Those traveling on Rosh Hashana to the graves of the righteous must be very cautious not to harm the awe-inspiring foundation of the sanctity of ‘Clal Yisrael’, which is revealed in Eretz Yisrael. Possibly, if they increase their prayers for ‘Clal Yisrael’, the building of the Beit HaMikdash, and Israeli sovereignty over the Temple Mount, and courageously rally to act for it when they return to Israel – perhaps it may be of benefit to them that their ‘yeridah‘ (descent) will be for the sake of ‘aliyah‘. But if they forget the Temple Mount and their duty to act for the building of the nation, the land, and the Temple, their descent from the Land of Israel to pray for themselves will be considered a sin.

When Religion is “Private” it Drives People Away

The abandonment of religion in recent generations is also dependent on the fact that souls are thirsty for the revelation of the ‘kodesh ha’clali’ (universal sanctity), and as long as religion is primarily reliant on the minute details – ‘tzav l’tzav, kav l’kav, ze’er po, ze’er sham’ (‘precept upon precept, line upon line, here a little, there a little’), it fails to arouse the hearts. But when we advance the idea of ​​the ‘kodesh ha’clali’, whose primary goal is the vision of ‘tikkun olam’ in the word of God, from the fountain of the ‘kodesh ha’clali‘, all springs will be filled with the living water.

This article appears in the ‘Besheva’ newspaper, and was translated from Hebrew. Other interesting, informative, and thought-provoking articles by Rabbi Melamed can be found at: http://en.yhb.org.il