There is no such thing as an Ir Hanidachas -- Wayward City -- If WE care enough

This past Shabbos we encountered the very difficult topic of עיר הנדחת  (Ir Hanidachas), a wayward city of idolaters.  The entire city and its inhabitants and wealth are to be destroyed and burnt – a terrible result.  Some of our sages say that “there never was, nor will there ever be, an עיר הנדחת, and it appears in the Torah only for some lessons that we can learn” (Sanhedrin 71a). 

I have heard Rabbi Yissochor Frand שליט"א say on several occasions that when he was growing up in Seattle, they considered the Jewish community in Portland, Oregon to be a virtual עיר הנדחת.  The community seemed so irredeemably lost to Torah-true Judaism that there was no hope that anything positive would come from it.  Surely that was meant hyperbolically; it has been proven quite wrong, as a wonderful community has developed since the days when we had the privilege of planting some seeds.  But living now as the only Shomer Shabbos family in Lavon, I contemplated whether the עיר הנדחת concept is indeed possible.

Case in point —After barely getting a minyan together last Shabbos morning (which happened only with the help of my three guests; in the summer it is more difficult as people are going on tiyulim), we sat down to a Shabbos Seudah followed by zemiros.   We began singing Koh Echsof with much harmony and feeling and were thoroughly enjoying the warm kedusha of that beautiful melody, when a knock came at the door.  Hassidic stories flashed through my memory of the power of Neginah to melt the hearts of those far away from observance, and we answered the door, hoping that someone had been moved to join us in enjoying the Shabbos spirit.  My neighbor stood in the doorway, and we heartily wished him “Shabbat Shalom!”, ready to invite him to join us.  “Shabbat is supposed to be a day of rest,” he informed us.  “You’re making too much noise here – I am trying to get some sleep before my outing later today!”   We apologized for disturbing his Shabbat . . . and wondered what hope there was of making a dent in this secular Yishuv. 

Our greatest success is when we present ourselves as praying with and for the community, and not making our case based on our individual merits, great as they might be.

But a fascinating Rambam made me think again. He writes in regard to an עיר הנדחת, that after establishing that the city is guilty:

They send two Torah sages to warn them and to motivate them to repentance. If they repent, it is good. If they continue their wicked ways, the court commands the entire Jewish people to take up arms against them.

Hilchos Avoda Zara 4:6

Apparently, if they do Teshuva, the Court will not exercise judgment against them.  The Ra’avad  protests that this cannot be true:

It is certainly good if they repent, but I have not found anywhere that repentance mitigates after due warning and action 

(ad loc.)

The Ra’avad argues that Teshuva can only change a judgment of the Heavenly Court.  If, before sentencing, a convicted murderer says to the Court “I sincerely repent and will never again do this”, it has no effect on the sentence.  The law is clear; “A human court cannot change a decree because of repentance”. (Makkos 13b).   What can the Rambam possibly mean here?

Many have grappled with this Rambam, but the recent Lubavitcher Rebbe zt”l explains it in a way that is important for us to absorb as we begin Elul and the season of Teshuvah.  He notes (vol 9, Re’eh, essay 2) that the essential law of עיר הנדחת pertains to an entire Tzibbur (community – in this case a city) that succumbs to idolatry.  This is a terrible and frightful phenomenon that must be eradicated.  However, if the sin was committed only by individuals, the public effect is much lower and the pursuant consequences are far less grave.   What the Rambam is saying, explains the Rebbe, is not that Teshuva takes away the guilty status – that can indeed not be undone by a human court.  But Teshuvah is transformational; no longer will it be seen as a communal sin, but rather as an act committed by some (or even many) individuals.  The community, Knesses Yisroel, remains intact.  Although it has always been true that there are individual sinners, an עיר הנדחת “never was and never will be”, for the teshuva that surely took place by some individuals removed them from that ignoble status.

Rav Mordechai Elon drew a comparison between this and a wonderful insight by Rav Shlomo Kluger on a well-known question raised in the Yerushalmi regarding Rosh Hashana.  If any of us faced a court appearance in which our lives and those of our loved ones were in jeopardy, we would be in an anxious and somber mood, not wearing festive clothing and eating celebratory meals – but that is just what we do on Rosh HaShanah.  How do we hold this dichotomy in hand?

The answer brought in the Tur exclaims (text below):

What a people this is 

that knows the nature of her G-d!

We know the nature of Hashem — that he will forgive us.  What does this mean, however?   Is Rosh HaShana a charade?   Do we not say that on Rosh Hashana it is decided who will live and who will die; who will prosper and who will suffer...?  Do we not see all too often that a negative decree has descended on so many?  What can Chazal possibly mean?

Rav Kluger says that we should know that there are two types of judgment on Rosh Hashana; that concerning the community, and that concerning the individual (or many individuals).

Regarding individuals, there are no guarantees.  We may be acquitted, or chas veshalom not.  We may be in for a year of joy and happiness, or G-d forbid the reverse.  Concerning that judgment, we really ought to be concerned – and it does seem to be absurd to celebrate on Rosh Hashanah.  

However, there is another judgment that also comes on Rosh Hashana -- that of the fate of the community as a whole.  And even though there may be many who prosecute against the Jewiswh people, both on Heaven and earth, and say that we are not deserving of His Grace, we are confident that the “Eternal One of Israel shall not be changed nor falsified”(I Samuel 15: ), and that the community and the Jewish people will be given the strength to go on to accomplish our Eternal mission.  And it is thus that we take solace and comfort and confidence that whatever may happen with us as individuals, we will be found worthy as a community in G-d’s judgment. (see text of Midrash below)

Of course, in order to accomplish this, one must strive to be within the community and for the community – the whole community of Israel.   We must seek to emulate the Shunamite woman, who – when asked by Elisha whether she has any personal requests – said, “I sit amongst my people”.  The Holy Zohar (below) says that Elisha was specifically asking her before Rosh Hashana whether she wished that he intercede for her before the Great King.  She taught us all that this is not the way – our greatest success is when we present ourselves as praying with and for the community, and not making our case based on our individual merits, great as they might be.

Here in Lavon – and in other similar communities that Ayelet HaShachar is reaching out to – it is easy to feel that the odds of reaching out to those far away are insurmountable.  But as I told my almost minyan this past Shabbat, the fact that a few of us are coming together to daven and to try to form a minyan surely makes an impression in Heaven.  No, we are not a “עיר הנדחת”- a totally secular community.  We are the holy community of Lavon, where there are Jews observing Shabbat at some level, striving to come together to daven, who all love and respect each other as fellow Jews.   And yes, there are many who do not join us, and perhaps never will.  But they are respectful toward us, and we are all part of Klal Yisrael. 

And in all other communities in the Jewish world as well, to the extent that we see ourselves as part of a greater whole — who love and care about each other, and who know that we all are precious brothers and sisters — we  have confidence as we approach the Yom Hadin that we will be signed and sealed – as a community – for a good and hopefully sweet New Year.
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Text of Tur

א"ר סימון כתיב כי מי גוי גדול וגומר ר' חנינא ור' יהושע אומרין איזו אומה כאומה זו שיודעת אופיה של אלהיה פי' מנהגיו ודיניו שמנהגו של עולם אדם שיש לו דין לובש שחורים ומתעטף שחורים ומגדל זקנו ואין חותך צפרניו לפי שאינו יודע איך יצא דינו אבל ישראל אינן כן לובשים לבנים ומתעטפים לבנים ומגלחין זקנם ומחתכין צפרניהם ואוכלין ושותין ושמחים בר"ה לפי שיודעין שהקב"ה יעשה להם נס לפיכך נוהגין לספר ולכבס בער"ה ולהרבות מנות בר"ה ומכאן תשובה למתענין בר"ה ונוהגין באשכנז שאין נפילת אפים בער"ה כמו בשאר עי"ט אף על פי שנופלין על פניהם בבקר באשמורת:

טור אורח חיים הלכות ראש השנה סימן תקפא


Text of Midrash

כך בר"ה כל באי עולם עוברין לפניו כבני מרון, אף ישראל עומדין לפניו בדין, ואומות העולם אומרים אנו זכינו ונצחנו בדין, ואין אדם יודע מי נצח, אם ישראל אם עו"א, עבר ר"ה, וכל ישראל באים ביו"כ ומתענין, ומתעטפין לבנים, עבר יו"כ ואין אדם יודע למי נמחלו עונותיו, אם לישראל אם לעובדי אלילים, כיון שהגיע יום טוב ראשון של חג, כל ישראל וצאין, הקטנים והגדולים ולולביהן בידיהם, מיד הכל יודעין שנצחו ישראל בדין, 

ונמחלו עונותיהם, שנאמר נצח ישראל וגו'.

ילקוט שמעוני תהלים רמז תרע

Text of Zohar

ותא חזי שונמית כד אמר לה אלישע (מלכים ב' ד') היש לדבר לך אל המלך או אל שר הצבא, היש לדבר לך אל המלך ההוא יומא יום טוב דראש השנה הוה וההוא יומא דמלכותא דרקיעא שלטא למידן עלמא וקודשא בריך הוא אקרי מלך המשפט בההוא זמנא, ובגין כך אמר לה היש לדבר לך אל המלך, מה כתיב ותאמר בתוך עמי אנכי יושבת, מאי קאמרה לא בעינא למהוי רשימאה לעילא אלא לאעלאה רישאי בין סגיאין ולא לאפקא מכללא דלהון וכך בעי ליה לבר נש לאתכללא בכללא דסגיאין ולא לאתייחדא בלחודוי בגין דלא ישגחון עליה לאדכרא חובוי כדקאמרן,

זוהר כרך א (בראשית) פרשת ויצא דף קס עמוד ב

A Disgraceful Attack on the Chief Rabbinate

People seek fame and recognition by many means -- some make positive contributions while others seek to tear others down.  

Seth Farber belongs in the latter category.  His goal is to be the “enlightened” voice of Orthodoxy, and his modus operandi is to tear down the legitimacy of existing Orthodox institutions, particularly the Chief Rabbinate of Israel. 

In a particularly egregious example, Farber last week caused a huge Chilul Hashem by slandering the Chief Rabbinate in the New York Times, with his essay Fighting for Judaism in the Jewish State.  He succeeded in giving its large readership of non-Orthodox Jews and non-Jews a maliciously false and negative impression of that institution, in order to further his personal agenda.

After stating “valiantly” that “I am an Orthodox Rabbi dedicating my life to breaking the Ultra-Orthodox monopoly over Jewish life in Israel”, Farber set out a laundry list of complaints and talking points that actually have little to do with (a) the Chief Rabbinate or (b) the so-called Ultra-Orthodox. 

Briefly, his complaints are the following:

• 1) A conservative rabbi was questioned in the early morning by the police because he was trying to perform a marriage.   The truth is that:

• The reason he was being questioned was not that he is a non-orthodox rabbi -- standard policy for a long time has been to not enforce this law and many non-Rabbanut rabbis have performed marriages in Israel, and

• The main reason that he was being questioned is that he was about to perform a marriage of someone who was considered a “mamzer”, which would result in severe future consequences in Israel, and

• It is standard practice that police arrive to pick people up for questioning early in the morning: this had nothing to to do with the Rabbinate.

• 2) The new Nation-State law makes some people (Arabs and other non-Jews) feel second class in Israel.
  
  Aside from the fact that the law says nothing of the kind, only affirming that Israel is a firmly a Jewish State, this has nothing to do with the Chief Rabbinate, but rather is the brainchild of various groups on the right, including many Religious Zionists.  It certainly has nothing to do with the Ultra-Orthodox, who may have voted for it but did not sponsor nor promote it.

• 3) Gay couples are not allowed to have a child using a surrogate. 
  
  Again, there are many reasons that reasonable people might conclude that a child should have a mother and a father - the surrogacy Law was rejected by the Knesset on the recommendation of a committee of experts it had formed - mostly secular. Again, this has nothing to do with religious coercion or the Chief Rabbinate or the Ultra-Orthodox

• 4) A “new” law would give the Chief Rabbinate “unprecedented power” over conversions. 
  
  Again, the “Who is a Jew” question is an old one, and there is nothing really new happening, other than that the Orthodox population in trying to maintain the status quo that has existed since the founding of the State, in which conversions must be Halachically acceptable to be valid.

And so on and so forth.

The truth is that the Chief Rabbinate is valiantly trying to hold the line so that Israel does not fall into the huge problems that exist in the rest of the Jewish world, in which the very Jewishness and personal identity of people who consider themselves Jewish must be questioned.   When I was a Rabbi in a West Coast city, a young woman named Shaina Schwartz (similar name - slightly changed) asked me to perform her wedding.  It turns out that although her father is Jewish her mother had a reform conversion, and thus she is not Halachically Jewish. Her sister, Fruma, was born from a mother who married her father after not having a proper get, and was therefore possibly a mamzeret.   That is, according to the Orthodox.  However, in the reform temple wherein they had their Bat mitzvah they were considered fully Jewish eligible to marry other Jews because of their doctrine of patrilineal descent and the acceptance of civil divorce as halachically sufficient.

The Chief Rabbinate is determined to keep problems like this out of Israel.   The supposedly “Orthodox Rabbi” Seth Farber is determined to oppose that -- by smearing the Chief Rabbinate and the “Ultra-Orthodox”.

The truth is that the Chief Rabbinate, despite Seth Farber's calumnies, is NOT an “Ultra-Orthodox” institution.  Very few Chareidim rely on the Rabbanut Hechsher on food, they prefer their own Hashgachot.  Very few, if any, Chareidim look to the Rabbanut or the Chief Rabbis for Psak Halacha or spiritual guidance; in fact, in the more extreme Ultra-Orthodox circles, the Chief Rabbinate is unfortunately vilified even worse than by Farber for being too Zionist and too lenient.  While many of the employees of the Chief Rabbinate are Chareidi, this is mainly because the most qualified candidates tend to come from those circles (although there really ought to be more Religious Zionist employees as well).  In short - the Chief Rabbinate is far from being an Ultra-Orthodox institution.

I am fully aware that the Chief Rabbinate does have its warts, and deserves some criticism.  The fact that a former Chief Rabbi is sitting in jail for corruption is a huge and awful Chillul Hashem. Furthermore, there have been far too many reports of people being treated poorly by the bureaucratic hacks who work there.  And there is too much job patronage going on, where it is difficult for someone without "protektzia" to find a position within it.

Nevertheless, most “Ultra-Orthodox” would agree that the Chief Rabbinate plays a vital role in maintaining at least minimum standards, so that the Jewish State can remain a place where Jews of all types can function.  They ensure that – at least – the lowest level of Kashrut is maintained in the food industry. (This is the reason that those who truly are concerned about Kashrut want a more stringent hechsher).  They ensure that situations like the Schwartz family (described above) do not happen in Israel. And they ensure that those who wish to join the Jewish people through conversion undertake at least a minimally serious commitment to observe Halacha.

Why does the Chief Rabbinate (thankfully) have this power?  It is a vestige of the pre-state Turkish law norms that prevailed even before the Mandate that placed personal status matters are in the hands of the religious authority.   Similar to the rules in many European countries, every person was assigned a religious authority that they would adhere to. Thus in Israel today, marriages between Muslims are handled by the Waqf, between Christians by the Church, and between Jews by the Chief Rabbinate.   This was not a power grab by the Chief Rabbinate -- it is just a continuation of the status quo.   

And Orthodox Jews, particularly Orthodox Rabbis, ought to get down on their knees and be grateful for this status quo, as this ensures the proper continuity of at least minimal standards in matters of personal status.  The standards that the Chief Rabbinate strives mightily to uphold – despite fierce opposition – is not for the sake of the Orthodox; the Orthodox will uphold standards for themselves with or without the Chief Rabbinate.  The Chief Rabbinate is upholding these standards for Klal Yisrael, for the multitudes of Jews of all types, so that at least minimal standards of Kashrut, personal status, conversion etc are upheld by the Jewish State.

Meanwhile, the Farbers of the world are trying to break down this authority by pandering to the emotions of people who are unaware of the true issues and of the lies that they are being fed.  Farber claims to be an “Orthodox Rabbi”; he, in fact, is advocating for the acceptance of reform and conservative Judaism.  Farber claims to be fighting the “Ultra-Orthodox”; in fact, he is attacking all of Torah true Orthodox Jews, right left, and center, including Modern Orthodox and Religious Zionist,  all of whom are opposed to his agenda.  (Note:  Farber represents only the “Open Orthodox”, which in many ways, as evidenced here, has placed itself outside the Orthodox camp - See here for a recent important article on the subject.).

We in the Orthodox camp - of all stripes - need to counter this falsehood and support the efforts of the Chief Rabbinate, and of the very worthy current Chief Rabbis.

Note: A slightly edited version of this essay appeared in the Jewish Press

My Fifteen Minutes of Fame - some media write-ups of our Aliyah to Lavon

     The thousands of regular readers of this blog  might be interested to know that fortune smiled on Lonni and I twice last week, and we received some attention in the media.  I assume that it is because the Lord wills that we be a vehicle to publicize the wonderful work that Ayelet HaShachar is doing.  

     The part that we have been privileged to play will hopefully serve as an inspiration for many others to follow in our footsteps and come home to Eretz Yisrael, and hopefully do so in a way that will make an impact for others.

Below the following letter that I wrote to Rabbinical colleagues, appear the two media pieces that were written about us: one in the Queens Jewish Link (with pictures of Lonni) and one in Mishpacha (without).

You can read more about our experiences in Lavon on this blog here, here and there.

If anyone is interested in hearing more about this or joining Ayelet HaShachar, please contact me at lenopp@gmail.com.

Shabbat Shalom!!!
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Dear Chaveirim

I want to let you know about something that I have been doing for the past few months since I had the great zechus to come on Aliya, that hopefully will interest more than a few of you.

I have been wanting to come live in Eretz Yisrael again during my many years of absence.  I told myself that I was accomplishing more by serving Kehillos in Chutz LaAretz than I could in Eretz Yisrael.  After all, as it is well known, unless you are a superstar Rabbi or have “protektzia”, it is very hard for American Rabbonim to find a position in Eretz Yisrael that will provide not only income but some degree of sipuk Hanefesh.  This is due to at least two reasons:

• ·        The Supply/Demand ratio of Rabbonim to positions is very skewed to the supply side; there are too many candidates for any available position
• ·        Although I believe it is very much needed, Israelis do not see the value in an American style kehilla Rav.  They look at shul as a place to daven, period, and often go to multiple shuls for various tefillos, and learn and socialize elsewhere.
• ·        It is rare to find a position that provides a full-time income, and additional income is not easy to come by.

As a result, there are many American Rabbonim who came to retire in Israel who end up feeling “useless”, underutilized and unappreciated, knowing that they still have much to give but not finding an outlet for their talents.  Given this, I stayed in my shtellers for twenty plus years in America.

However, as I approached age 60, my feelings of אם לא עכשיו אימתי grew progressively stronger.  I wanted to come to Israel when I felt I still בע"ה have enough years to still make a significant contribution. Additionally, I knew that with the movement in American Rabbonus to hiring young Rabbonim who can draw in younger families, my options in America were very limited once I decided to leave Forest Hills.

To make a long story short, after doing much research in Israel, I was introduced to a wonderful organization called Ayelet HaShachar, run by Rav Shlomo Ra’anan.  They do many wonderful things — including the Israeli version of Partners in Torah, building shuls in outlying communities, establishing kiruv type Kollels in outlying areas and other work — but there was something of special interest for me, and I hope, for some of you.

Ayelet HaShachar pioneered the idea of moving frum families into completely secular communities, with no overt agenda other than to be a good neighbor, foster relationships, and model how frum Jews are different than the negative stereotypes that they have from the mostly anti-religious Israeli media.  Over time, couples who have done this have often been successful in doing wonderful outreach work, not by lecturing at and trying to persuade people through preaching, but by giving love, openness, non-judgmental acceptance, and modeling a Torah lifestyle.

My move to Lavon, however, represents a new phase for Ayelet HaShachar. As an American, there are fewer barriers that are needed to overcome; everyone likes welcoming an idealistic Oleh Chadash who wants to come and live with them.  Furthermore, as an “older couple” who are basically empty-nesters, we do not have chinuch issues to contend with, and thus are able to make a longer-term commitment to living in a secular community than a young Avreich who may have to leave after a few years.  Baruch Hashem, it has been going quite well, as the recent article in Mishpacha magazine (attached) describes.  Ayelet HaShachar has helped me move here in many ways, including help with paying the rent, logistical support, programming and general chizuk.

I write here today to let you know about this opportunity.   If there is someone who wants to explore this option for themselves or someone they know, or if they know of generous individuals who might be interested in helping to sponsor this wonderful organization, please be in touch with me.

Hatzlacha to all,

Yehuda L. Oppenheimer

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