And the Jews Gathered Together in Prayer . . . before Purim

Purim is upon us, and with it all of the topsy turvy, upside down views of life that are part of the Purim experience.

I guess that I am the odd man out, because I simply do not understand some of the great issues of the day. It seems to me that the leading spokesmen for various parts of society are speaking passionately in ways that runs counter to the facts.  I do not understand our government's stance in relation to so many issues, like for example the current crisis in the Ukraine.   I do not understand those who claim to be faithful to Halacha while advocating “Partnership Minyanim”, when every single posek of any stature has spoken against them.  I don’t understand how people still seem to have sympathy for Rabbi Avi Weiss when -- one week after they both bent over backward to try to accommodate him --  he published a scathing editorial in the NY Times attacking both the Chief Rabbinate and RCA, and attempting to legitimize non-Orthodox Rabbis.  

But I am most mystified in trying to understand the Chareidi world and its leaders.

We were witness today to a major rally in lower Manhattan, called for by the Chareidi leadership, as a day of prayer to Hashem to counteract the “proposed new law threatening the imprisonment of yeshiva students who refuse as a matter of religious principle to be conscripted into the military”. 

This Tefilla gathering was in solidarity with a far larger gathering last week in Yerushalayim, in which a massive amount of Chareidim gathered – I have seen estimates between 350,000 and 600,000 – in tefilla to avert the “terrible decree” that threatens the Chareidi community, i.e. the passage of the bill that was recommended by the Shaked commission.

In fact, Uri Regev, a reform rabbi who is viciously anti-Chareidi, said “The coalition has recorded an impressive achievement by approving a law that on the one hand will not bring about the enlistment of one yeshiva student, but has managed to gather together 300,000 haredim against it”.   All in all, I was not ready for this call for a Yom Tefilla.

Let us examine for a moment what the proposed law contains.  But before we do so, it is important to state what the current, pre-new law, situation in Israel is like.

In brief, at this time, according to the Israeli Bureau of Statistics, it is estimated that there are close to 1,000,000 Chareidim in Israel.  With many families having eight or more children, that number is exploding, while at the same time, the number of secular Jews is not growing, due to having a low birthrate and a significant number who leave the country.   Best estimates that I could find were that over 43% of men between the ages of 25 and 64 are unemployed.  Many of those who are employed are limited by a very sparse, if any, secular education.   This means that close to 60,000 men are learning full time.  Many of those who are learning are doing so because they cannot get regular jobs, either because of the lack of secular education or because they will not be hired if they have not served in the army.  The poverty level among Chareidim is very high; the highest of any population in Israel.   Until now, the economic basis of this system was provided by a combination of: (a) Billions of shekels (with a B) budgeted annually by the government, (b) the income (mostly low wage) of working wives and mothers, and (c) donations raised from charities and families abroad.   In the last election and its aftermath, it became very clear that the non-Chareidi majority of the country was not prepared any longer to tolerate both the sharply increasing monetary burden of supporting the Chareidi system, and the sense that the Chareidim were not doing their fair share of carrying the civic and military burden of the State while receiving an ever increasing share of the benefits.   Chareidim believe, and I of course agree, that learning Torah is crucial to the defense and welfare of Eretz Yisrael.  Furthermore, those who are not anti-Zionist believe that they are in fact doing their fair share of protecting Medinat Yisrael with their devotion to learning.  However, I and many others wonder if this necessitates every single young man learning full time for many years (something that many cannot do effectively), or would it suffice to have either all learning for a limited time, or some outstanding ones learning permanently.  It certainly sounds increasingly hollow to non Chareidim, who feel that they are being taken advantage of when they are all required, with criminal penalties for non-compliance, to serve in the army for three years, while Chareidim are not.   The majority clearly is  no longer willing to tolerate this.

All this is simply a statement of the facts and is, or should be, well known.

Given the results of the last election, in which -- for the first time in a long while -- there are no Chareidi parties in the governing coalition, the government could have passed and implemented various draconian laws to change the situation radically and quickly.    Some in power intended to do just that, but cooler heads advised some moderation, lest a civil war erupt.  Nevertheless draconian budget cuts which deeply affected many parts of Israeli society, fell particularly harshly on the Chareidi community.  Both the support that was heretofore given to many Yeshivos and Kollelim and individual stipends that were given to families were deeply cut, leaving thousands of people, who were barely surviving until now, in a dangerous situation where they can not afford even the most basic necessities.

However, many in the government feel that the budget cuts, which some would argue are enough incentive to force Chareidi society to change its attitude towards military service and secular education, are not strong enough medicine.   If real change is to happen, it will have to be by passing a law that would formalize a system which would bring about real change.  Given the very strong battles that were forming around these issues, Ayelet Shaked of the Bayit Yehudi party formed a commission starting last summer, with the intent of working out a compromise that all sides could live it.  It is the result of that commission that prompted the massive Tefilla gatherings, in attempt to “avert the evil decree”.   Let us look at what the bill contains:

• All full-time yeshiva students who are currently 22 or older – approximately 30,000 people – are granted an immediate and complete exemption for life.
• Yeshiva students who are between 18 and 22 when the law is passed can defer their service until the age of 26 and then gain a full exemption for life.  If they want to leave yeshiva earlier than age 26, however, they will be required to perform either military or civilian service.
• Targets will be set for Chareidi enlistment, which will be nonbinding recommendations during an intermediary stage of the law that ends in 2017.  That will include some enlistment in the military, while most will be required to do some civil service duty. Army service can be done in Nachal Chareidi, an exclusively Chareidi unit with minyanim and time for learning, or in Shachar Kachol, which teaches its participants trades like computer and electric engineering which they can then use for a livelihood after their service.  Civil service includes a variety of options – some are security-oriented (police, etc.) and some involve civil service in medical and other areas of need
• If the target for 2017 is not met, however, then all Charedi yeshiva students aged 18 will thereafter be legally obligated to serve – with a possible six- to 12-month delay – except for 1,800 exceptional students each year who will get a complete exemption, to continue with their yeshiva studies.
• There was also much debate about whether or not to include a criminal penalty for non-co-operation.   This aspect was, and continues to be, the most hotly contested aspect, as many feel that this will be counterproductive, and cause much needless enmity, while others see no other realistic way of enforcing the law.   A group of well known experts have advised against criminal sanctions.  Nevertheless, the conclusion of the commission left them in.

It would seem that the law went a long way towards accommodating the concerns of the Chareidi public.  Given that in a negotiation you rarely get everything that your side wishes, it seems to me that they have done very well.  In fact, Uri Regev, a reform rabbi who is viciously anti-Chareidi, said “The coalition has recorded an impressive achievement by approving a law that on the one hand will not bring about the enlistment of one yeshiva student, but has managed to gather together 300,000 haredim against it”.   All in all, I was not ready for this call for a Yom Tefilla.

I was thus somewhat torn about participating in  the Yom Tefilla.   Certainly, given the large number of Gedolim who signed on to the call for it, I had to participate. (It did trouble me that the unspoken haskafa that permeated the day was mostly that of Satmar, and that I feel that it is most unfortunate that the Agudah and the Moetzes are increasingly adopting that Hashkafa as I wrote about extensively here, but that it not for this discussion.)  I was very grateful that the organizers were wise enough, particularly at the insistence of Rav Aharon Shteinman shlita, to avoid any speeches and any political signs or slogans, in order to be as inclusive as possible. I did use the opportunity to pray for two things – (a) that the families who have suddenly been thrust into economic calamity, mostly due to the values of a society they have known till now, need much help in surviving and adapting to the new reality, and (b) that a peaceful way will be found to resolve the enormous tensions that have been created, such that Am Yisrael will not be torn apart along the battle lines that have been drawn, as neither side seems ready to back down.

Nevertheless, I was troubled by the clear implication that the purpose of the Yom Tefilla was to effectuate a return to the way things were, with no changes allowed on Chareidi society.  That on no terms should any Chareidim be required to serve in the army under any circumstances.  This is certainly the impression given to the media and general populace, with headlines such as “Thousands of ultra-Orthodox Jews flock to lower Manhattan on Sunday to protest Israel's proposal to draft religious citizens to its army” in the NY Daily news being typical.   I am not against Chareidim going to the army.  I remember hearing clearly from my Rosh Yeshiva, Rav Shlomo Zalman Auerbach zt”l, that those who are not learning full time studiously have no excuse but to  go to the army.  Furthermore, I am far from alone in thinking (though not many will publicly say) that as the Chareidi economic model is clearly unworkable and unsustainable for the future, hoping for no change is unrealistic.  (This is without discussing the need for the Chareidi world to take more responsibility for the country in general, as they evolve from being a small minority to a status approaching a majority of the population in the not too distant future, simply as a matter of demographics.)

Another interesting aspect of this discussion is – what should we in the Diaspora do about all this.  This is an important question, but this article is already long enough, and besides, this article by Rabbi Efrem Goldberg of Boca Raton hits the nail on the head – I agree with him completely. (For those who cannot click through – he argues that we in America must also “share the burden” of protecting Israel in a variety of ways).

And so we come to Purim.   One of the most confusing rites of Purim is the mitzvah to drink to the point of “Ad Delo Yoda” (until one does not know and cannot make clear distinctions even between clear opposites such as Mordechai and Haman).   At least in regard to current events, it seems we are already achieving that status, even without drinking.  It is so very hard to discern what is right and proper, and how to think about current events and where we stand.   The best solution, it would seem, would be for  the day to arrive very soon when armies and economic problems will be a thing of the past, and we will have clarity and be free of those who seek to harm us.  Then we will be able to raise a cup and drink together to have only feelings of unity and brotherhood amongst us, forevermore.

L’Chaim!

PS - I constantly hear Chareidim say that it is very difficult to remain religious while in the army.   I saw this video last night, the celebration of Shabbos by IDF soldiers on the ship on the way to intercepting the arms boat at Port Sudan.   What a Kiddush Hashem!  (Note the commenters who focus on the Chillul Shabbos, which, while regrettable, was almost certainly done by a tink shenishba Israeli who was impressed by the power of Shabbos)

Avi Weiss and The End Of The Chief Rabbinate

I never met Avi Weiss.  

I heard of him, beginning many years ago, as a fighter for Soviet Jewry, against the desecration of Auschwitz, and various other important causes.  Known as a person brimming over with a love of Jews and a passion for fighting against abuse of their rights, he was a beloved figure from afar.

Over the past several years, however, I have come to see a different side of Avi Weiss, one that in my opinion has caused tremendous damage to Orthodox Judaism both here in the United States, and now in the State of Israel.  The damage was caused because Avi Weiss has decided to begin a new form of Judaism, called “Open Orthodoxy”, and to promote it with all the public relations skills that he honed as a rabble-rousing fighter for all of those good causes, to the detriment of our Holy Mesorah and of Klal Yisroel.

I am not going to go into the history and the damage that has been done by Open Orthodoxy in this article, as I wrote about that topic in a recent column entitled “The Hellenists or the Maccabees – Which side are we Open to?”.  ( Please see that article , which contains references to several other important articles).   Briefly, they introduced innovations beyond the bounds of Halacha that any mainstream Posek would agree with including: the rabbinic ordination of women, the celebration of and advocacy for gay marriage, the introduction of “partnership minyanim”, the lowering of conversion and divorce standards, and the acceptance of beliefs that negate some of the core beliefs of Judaism as understood by all those who cherish and uphold our traditional Mesorah.  These distortions of our Mesorah, and the pretense that they represent legitimate views within Halachic Judaism, continue to lead many astray from Orthodoxy.

 The precedent has now been set that it is possible to pressure the Rabbanut into lowering their standards for what is acceptable as a rabbinic standard.  The cudgel will be taken up, and soon, by the Reform and conservative movement, who have for years been arguing for equal recognition as Rabbis in Israel. 

Today, however, I write to comment on the incredible damage that happened in Israel over the last two weeks; damage that I fear will forever change the religious status quo in Israel much for the worse. In order to understand that damage, one needs to know a little about the history of the Chief Rabbinate in Israel.

The first Chief Rabbi of Eretz Yisrael in modern times, the sainted Rav Avraham Yitzchok Hakohen Kook zt”l, was an incredible scholar, saint and lover of Israel, one of the greatest Gedolim of recent times.  He was strongly opposed by the Chareidi world, who saw him as lending legitimacy to the Zionist movement, but nevertheless greatly respected by their leadership, particularly Rav Yosef Chaim Sonnenfeld zt”l, Rav of the Eidah Chareidis.  He passed in 1935, which predated the War of Independence and establishment of Israel by 13 years. 

One of the most important roles of the Chief Rabbinate (Rabbanut) , had nothing at all to do with the Zionist movement, and is perhaps one of the main reasons that Rav Kook allowed himself to get involved in such a thankless office.   Under Turkish law, which was the law of the land before World War I and continued to a great extent through the Mandate period and until today, matters of personal status such as marriage and divorce are handled by each person’s religious authority, rather than by the government.  Thus it is necessary for a Muslim to go the Waqf to register a marriage, for a Christian to go the Ecclesiastical Authority, and for a Jew to go to the Rabbanut.   There is no such thing as a secular marriage or divorce, it must be handled through the Religious Authority.  The religious authorities are quasi-governmental bodies that are overseen by the Ministry of Religions (plural) for each ethnic/religious group.

This unusual arrangement has benefited the cause of Torah greatly in matters of yuchasin, or personal status under Halacha.   Israel has largely, till now, avoided one of the saddest problems of Jewish life in the Diaspora, where it is becoming more and more difficult to be certain whether a person one meets is, in fact, Jewish and not a mamzer.   In America, for instance, a very large percentage of Jews have questionable status as Jews, due to two major factors. 

(1) Virtually all reform, conservative, and even a significant number of “Orthodox” conversions are Halachically questionable, at best, given that there was no real Kabbalat Mitzvot (acceptance of the obligation to perform mitzvot), even some as basic as the laws of Kosher food, Shabbos, and Family purity.  If the convert never accepted those obligations, their Jewish status is very suspect, at best, in the view of Halacha. 

(2) Divorces that were not done properly according to Halacha resulted in the former spouses marrying others while in the eyes of Halacha they are still married, resulting in offspring who may be illegitimate – mamzerim – Heaven forfend.

In Israel, by contrast, there was control over these areas, due to the law that the Rabbanut was the sole authority over Jewish marriage and divorce law, and had the power to accept or deny what it considered to be illegitimate conversions.  

Unfortunately, all has not been well at the offices of the Rabbanut for some time now.  The stories of less than stellar treatment of people, the callousness that some have been subject to by the functionaries there, the lack of “user-friendliness” for irreligious people have caused much animosity.  The fiercely secular media, which chafes under the notion that one must go to the Rabbinate for marriages and divorce, ceaselessly look for the most negative possible way to portray any story.  On top of that, the scandal that was associated with the former chief Rabbi has sullied an already bad reputation and caused much harm.

Enter, last week, Avi Weiss.   The Rabbanut, in keeping with its long standing practice of non-acceptance of certificates produced by non-Orthodox Rabbis, declined to honor certificates signed by Avi Weiss, given that he has placed himself outside of the Orthodox world by any measure of standard Halacha.   Unfortunately, rather than seeing this as a deserved rebuke to his shenanigans, the old rabble rouser cranked up his public relations machine, and enlisted everyone from the secular press, his congressman. the Jewish Federation, secular government ministers and even Alan Dershowitz to protest this turn of events.   Falsifying the facts, he claimed that this was an attack by the Hareidi Rabbanut against Modern Orthodox American Rabbis in general.  In point of fact, the Rabbanut has little or nothing to do with the Chareidi world, and the disqualification was not of Modern Orthodox Rabbis, but rather of Open Orthodox rabbis, who are a very different breed.

No matter the truth, the Rabbanut was forced to bow to all of the enormous pressure, and accept Avi Weiss’ letters.   This was spun as an achievement for the RCA (Rabbinical Council of America) who negotiated an agreement whereby, from now on, they will be in charge of certifying the credentials of RCA members who wish to send letters of certification to the Rabbanut.  In my view, this is a tremendous failure on the part of the RCA, who have refused to expel Avi Weiss despite his clear abrogation of agreements with them to not ordain female Rabbis.   Had the RCA done so several years ago, the Rabbanut would have not been under such pressure to certify Avi Weiss, as they could have pointed to his censure by the American Orthodox Rabbinate.

The damage done here is tremendous.   The immediate damage is the spectacle of the Open Orthodox rabbis parading their “victory”, and claiming that the Rabbanut has certified them as being fully Orthodox, further strengthening their deviations as legitimate in Jewish life in the eyes of many.

But the larger danger is that the precedent has now been set that it is possible to pressure the Rabbanut into lowering their standards for what is acceptable as a rabbinic standard.  The cudgel will be taken up, and soon, by the Reform and Conservative movement, who have for years been arguing for equal recognition as Rabbis in Israel.    Now that the Rabbanut has been forced to bend, the blood is in the water. It is, unfortunately, only a matter of time before the Rabbanut will be forced to either recognize  non-orthodox conversions and divorces, or to close down as an institution.   The bulwark that has protected the status of yuchasin in Israel will in all likelihood be breached, much to the detriment of Klal Yisrael.

This is the essence of Avi Weiss’ great victory.   Quite an achievement indeed.

Nelson Mandela & Joseph: Profiles in Reconciliation

 I am truly blessed.

A great gift of Hashgacha Pratis (Individualized Divine Providence) that I am privy to on a regular basis is that somehow the Lord more often than not arranges current events to have a direct connection with the Weekly Sidrah.  I would have to assume that He provides this service not only as a convenience to Rabbis who are searching for a topic for their weekly sermon, but rather it is meant for all of us, to bring home the that the Torah’s lessons in a very direct and meaningful way.  This week was no exception.

The entire world stopped this week, it would seem, to pay tribute to a special man who has gone to meet his maker: Nelson Mandela, former anti-apartheid activist-turned prisoner for life-turned president of the newly non-racist republic of South Africa.  The accolades Mr. Mandela received in his later years were immense, from a Nobel Peace Prize, tributes the world over, and the assumption of an important place in world history as one of the preeminent leaders of the twentieth century.  As Kings, Presidents and Prime Ministers all stream this week to South Africa, it is certainly worth considering what his passing means to Am Yisrael.

Unlike all the essays that are being written that are overflowing with superlatives about Mandela's great humanitarian qualities, I begin by noting that there is much in his record that I, and I imagine other Jews, are less than thrilled about.   Although he was basically friendly towards Israel and Jews in general, he was much friendlier to the Palestinian cause.  He was consistently a harsh critic of “the settlements”, and decried “the occupation”, insisting on Israel's duty to return to the 1967 borders.  He called Arafat ימ"ש a friend, and famously said that "our freedom is incomplete without the freedom of the Palestinians".   Following in his and Bishop Tutu's footsteps, South Africa's government decided last year that goods imported from Israeli West Bank settlements cannot not be labeled "product of Israel", and the University of Johannesburg became the world's first to impose an academic boycott on Israel.   (At the same time, it is noteworthy that Mandela never deviated from his belief in Israel’s right to exist within secure borders, and that much of his pro-Palestinian bias was probably based on a simplistic view of the age-old conflict.)  Furthermore, it is true that the ANC (African National Congress) under his leadership at times used some rather despicable means to achieve their ends , and there are various positions that he took that we might rightly deplore.  I assume that some of this is part of the reason that PM Netanyahu decided he was too busy to attend the funeral.

Nevertheless, the greater story of his life, and the achievement for which he deserves all the credit that can be given to him, is the spirit of forgiveness, reconciliation, and rapprochement with the white population that he championed after achieving political power, despite how he had been treated earlier.   There is a long history, particularly in Africa, of long oppressed populations that finally throw off the yoke of their former persecutors, who then begin taking revenge – killing, maiming, and otherwise reveling in visiting misery – on their former interlocutors.  They felt that it was time for payback --  for expression of all the suppressed hatred and misery, both physical and spiritual, that had been imposed for so long.  It was time to take back all of the fortune that had been procured by the formerly dominant culture on the backs of the wretched enslavement of the underclass.   A bloodbath, similar to what happened in Zimbawe, was greatly feared.  Many whites --  including much of the Jewish community -- fled, fearing the worst. 

But it did not happen.  And that was largely due to the message powerfully conveyed by one man – Nelson Mandela.

The message that Mandela mostly succeeded in conveying was that it was time to bury the hatchet, let bygones be bygones, and to move on to a better tomorrow.   He sought to establish a “Rainbow Nation” that would represent people of all races.  He limited reprisals for the past to setting up a “Truth and Reconciliation Commission” before which those who had been hostile to Blacks before need now only renounce their former ways, and reconciliation would be offered. Today's South Africa is far from perfect, but it is a very livable place for white people, and that is largely due to Nelson Mandela.

The connection with the story of Joseph jumps right out at you.   A prominent man, convicted due to an unjust trial by the dominant culture, condemned to long years in a terrible prison, not only does not lose his integrity and self-worth, but becomes an inspiration to all and gains the respect of all his fellow prisoners and jailers.   Suddenly the impossible happens.   From the depths of the dungeon, literally overnight, he rises to become the most powerful man in the land, exhibiting a positive attitude that captivates all who meet him.

Even more on point, when Joseph finally reveals his identity to his brothers, they are speechless and frightened, knowing that the second most powerful man in the world was in fact the brother that they had uncaringly subjected to slavery, torture, imprisonment, and possibly worse, and that they were completely in his power now to do with them as he wished.

But, of course, Joseph knew that a Higher Power and a Higher Purpose was operating, and he showed himself to be above revenge, pettiness, anger – he saw himself as an instrument of Hashem who had been brought to Egypt in His infinite wisdom, in order to bring incredible good to not only his own family, but to the whole world.  He was not about to waste his time, emotions, and energy on trying to fix the wrongs of the past – that could never be undone anyway.   The important thing was to focus on the future, and to bring peace and harmony back into the family and work towards a greater future.

In thinking of this I was reminded of a wonderful Israeli song by Uzi Chitman z”l, called “Mah Chashuv Hayom”.  It was written in the immediate aftermath of the Yom Kippur War, with all of its trauma and incriminations and pain, when accusations and fear were consuming all too many --   Here is a loose translation:

I shall go forward I will not look back And I think of a way, To forget, not to remember For whatever was – is no more God is sitting up there - Up there in the clouds, And little me is down here - Not understanding. What is important today? - what? What is important of yesterday? - what? What is important at all - what? If we continue to will [it so] - then, Everything will work out. I will go on the middle road, I will not stop marching, I will also kneel [when appropriate] I'll go on and on. For whatever was, is no longer. God sits up, With the angels, And little me is down here Looking for a way What is important today? - what? We shall not know fear, We shall not recognize pain We will walk  together To a happy ending. For whatever was, is no longer. I shall set my face forward, I will not look back. See now that I promise, I promise not to return [to the past]. What is important now - what?

אני הולך קדימה,  לא מביט אחור.  וחושב על דרך,  לשכוח, לא לזכור,  כי כל מה שהיה - איננו,  אלוהים יושב למעלה -  שם בעננים,  ואני קטן למטה -  לא בעיניינים ?מה - היום חשוב מה ?מה – אתמול חשוב מה ?מה  – הכל חשוב מה אם נמשיך לרצות - אז הכל יסתדר אלך על אם הדרך,  לא אפסיק לצעוד,  ואכרע גם ברך אלך לי עוד ועוד.  כי כל מה שהיה - איננו.  אלוהים יושב למעלה,  עם המלאכים,  ואני קטן למטה  מחפש דרכים.  מה חשוב היום...  לא נדע גם פחד,  לא נדע מכאוב  ונלך ביחד  עד הסוף הטוב.  כי כל מה שהיה - איננו.  את פני אשים קדימה,  לא אביט אחור.  ותראו אני מבטיח,  מבטיח לא לחזור.  מה חשוב היום...

Little more need be said.

I close with the hope that the memory of Joseph and Lehavdil Nelson Mandela will remain with us.  Although Mandela's imperfect version of reconciliation fell far short of the total graciousness of Joseph, it was astounding nevertheless. Let it guide us to overlook the pain that too often separates us, to not let the hurtful past prevent us of seeing the greater good and humanity even in those who may have hurt us.  Allow us to be able to live with differences of opinion with others without losing our sense of brotherhood, and to respect that others with very different views may have some of the truth on their side as well.  May we go to a better tomorrow, not look back, and walk together to a happy ending

The Hellenists or the Maccabees – Which side are we Open to?

The story of Chanukah is well known and beloved by all. It is a thrilling tale of the fight of the Jews against the Syrian-Greek oppressors, who oppressed us and tried to take our religion away. The heroic Maccabees fought the military occupation and miraculously won. Upon entering the Temple they found only one completely pure flask of oil and it lasted for eight days. Accordingly, we light candles, eat latkes, spin dreidels, give some gifts, say Al Hanissim, and . . . that's about it. To quote a popular formula regarding all Jewish Holidays, “They tried to kill us. We won. Let's eat.”

Of course, our Sages found far more depth in the story, and there is much commentary about why they instituted this longest of Jewish Holidays (There are really only seven days of Pesach, and Succot & Shmini Atzeret are separate holidays). It is a Yom Tov that is full of meaning and relevance to those who take the time to look a little bit below the surface. To illustrate, we really need go no further than the Rambam's famous formulation “The Mitzvah of Chanukah is exceedingly beloved חביבה היא עד מאוד" (Laws of Chanukah 2:14). Surely the Rambam was not referring to latkes and dreidels, but pointing to something far more important.

If one looks then at the sub-text of the story, it is clear that the main message of Chanukah that is important to us is not centered on the struggle between the Jews and the Syrian-Greeks. There were many military battles between the Jews and their neighbors (fought by the Shoftim, Kings, etc) that are not eternally memorialized with a Holiday. Rather, the struggle that made Chanukah eternally important was the battle between two groups within the Jewish people: The mainstream Jews and the Hellenists.

The Hellenists felt that the mainstream Jews were backward, stuck in the past, close-minded to all the wonderful new ideas that Grecian culture represented, which were in fact amazing and mesmerizing. Perhaps no other nation in the history of Mankind has so influenced the art, poetry, architecture, math, science, government, theater, philosophy, and sports of the world as did Greece. To be open to Greek culture was to be modern, progressive, in step with the times, and current with the latest and greatest notions of ethics, morality and freedom. How much more exciting was it to subscribe to this great new modern culture than to the (at the time) over 1,000 year old dusty Judaism! If you were serious about being a modern Jew – you wished to be a Hellenist!

The Hellenists ultimately broke completely with Torah and tradition, and openly maligned and rebelled against all that was Holy to the Jewish people and Torah values. They became allies of the Greeks in defiling the Holy Temple and abusing the Torah, and engaged in activities such as reversing their circumcision, eating pork, bowing to idols and even became self-hating enough to side with the enemies of Israel. Hellenism threatened to annihilate the Jewish world through assimilation in ways tyrants tried but could not do by force, as they succeeded in influencing between one third and one half of the entire Jewish people to join them.

Although the Maccabees won the battle against the Hellenists in the Chanukah story, it is questionable whether they won the long term war. The problem of Hellenism continued throughout Jewish history until our day, albeit in different forms and under different names. The basic premises of the Hellenists were later adapted by the Saducees, later by the Karaites, and closer to our time, by Reform. Although there were clear differences between these groups, the common themes of an over-emphasis on assimilating with the predominant culture, the negating of the primacy of traditional Torah values, the denigration of the authority of the Sages in determining Jewish law, and the self-hating shame with which they looked at the parts of Torah and Halacha that they found distasteful are very clear.

I took a particular interest this year in trying to understand how Hellenism began. Most sources point to the very good relations that were established between Alexander the Great and Shimon HaTzaddik as a starting point. Although it brought much good to live under the benign rule of a friendly government, there were those who were overly impressed by the allure of Grecian culture as above, and began measuring their values, including their Torah values, by what was consistent with the new, modern, progressive, “scientific” ways of thinking, instead of having Torah and Halacha remain the yardstick by which to measure how much of secular values were appropriate.

Many of the early Hellenists did not outright reject the Torah and Halacha . . . they merely wished to modernize it and bring it up to contemporary standards. They did away with what was no longer in vogue, or politically correct, and emphasized new innovations that were in keeping with Greek, as well as some Jewish, values. They were an amalgam of Torah and modernity, refusing to be bound by precedent, and focused more on what they perceived would be relevant to the young, searching Jew.

Of course the story of Chanukah is a story of the rejection of those notions – of the idea that Judaism had to bend to the times and to be in step with Western values; that the Torah and Halachah had to be remade to that conform to modernity. By contrast, the Maccabees stood for Torah as the golden standard to measure all new ideas. We must not seek to conform Torah to modernity; modernity must fit with Torah values, or be rejected.

This lesson of Chanukah is thus as timeless as it is vital.  We must forever be on guard of knowing when, to what degree, and how much we can take in contemporary values, as we strive to forever keep the Torah as our golden standard, as our light in the darkness of the surrounding world. Particularly so for those of us who do not take a blanket rejectionist stance vis a vis' the secular world we live in, the light of Chanukah reminds us to keep Torah as our ultimate standard by which all else must be judged.

This brings me to a painful topic; the developing schism between those in the Orthodox world who have traditional respect for the Halachic process and precedent on the one hand, and those, particularly those associated with Yeshiva Chovevei Torah and Yehivat Maharat, who unfortunately seem to feel that it is their sacred duty to break with tradition on the other hand.   Their modus operandi is to espouse Liberalism as the highest value, and to twist the Halacha to fit their pre-conceived objectives by making any possible argument that they are still within the Halachic process, relying on minority positions that have clearly been rejected by most Poskim, or by new readings into fundamental matters of faith that will “prove” their contentions. As long as they can be seen in the eyes of their adoring public as progressive, and to be upholding the causes of Liberalism against the outmoded traditionalists, they will not stop from creating new Halacha and rejecting traditional norms.

And yet, they bristle when their fealty to Orthodoxy is called into question.

Let me clear – I am not accusing practitioners of Open Orthodoxy of being Hellenists – yet. The leadership of those institutions is made up of passionate Jews, some of whom I have met and know, who consider themselves deeply committed to Torah and Yirat Shamayim. I contend, nevertheless, that they have gone much too far on the slippery slope that is leading away from Orthodoxy, and that if they do not reverse direction immediately, it may be too late before they lead thousands of our sisters and brothers towards the road that can only lead to a modern form of Hellenism.  There is much written on this topic that I am in full agreement with . . . please see here, here, and here for starters.

May the leaders of Orthodox world find the way to continue to proudly represent traditional Jewish values while engaging with the contemporary world and the many Jews that are enmeshed in it, and to stand firm in the face of the modern-Day Hellenists that plague our communities.

Happy Chanukah

When There Is A Legal Will, There Might not be a Halachic Will

It is apparent in the parshiyot of Bereishit that although the Patriarchs were concerned with many matters, one thing, above all, was crucial. They were determined to pass down to future generations the Bircas Avraham – the blessing that Hashem gave to Avraham Avinu – that of a special relationship between the Almighty and the Jewish People, and between the Jewish People and Eretz Yisrael. This desire is considered a crowning achievement of Avraham:

For I [Hashem] have known him [Avraham] because he will instruct his 

children and his household after him, that they should keep the way of Hashem 

to perform righteousness and justice, so that Hashem will bring upon Avraham 

that which He spoke concerning him. [Bereishis 18:19]

This desire – to pass down our legacy to our children – is something that we think about more and more as we get older, which we certainly ought to. In our society, the main legal vehicle for formalizing the way that legacy is passed down is generally by writing a will. There are three main types of wills that every person should have, in order to ensure that their intent and desire is carried out by their children and heirs. These three types are:

• Ethical Wills – a document in which one communicates their hopes and dreams for the next generation. This is the type of will that the Patriarchs implicitly provided for their children.
• Living Wills – These are documents in which instructions are laid out for decisions regarding health care should a person be incapacitated from making those decisions themselves.
• Regular Wills – a document that provides instructions for how one's estate and personal effects are to be distributed after their life ends.
  (In the case that there are minor children involved, it is also very important in that a legal guardian can be appointed and methods can be put in place for providing for one's children should the parents G-d forbid die while the children are still minors.)

Each of these areas should have an article unto themselves to describe even the most basic fundamentals. In this essay I would like to deal with regular wills, and to emphasize the importance of dealing with the Halachic requirements of a will which many people are not aware of. I hope to get to the other types of wills in a subsequent essay.

A will is a document in which a testator (person wishing to give instructions as to the disposition of their assets) executes a written record of all of his/her wishes, which is signed with appropriate legal formalities, and then set aside in a safe place until the end of the testator's life. The will has no legal significance until the testator's death, after which it springs into irrevocable legal effect, which can not be changed. And this is the source of a very great Halachic problem.

The problem we shall describe is only one of several Halachic problems. Among the most significant problems are the following:

According to the testamentary system set out in the Written Torah, there is no such thing as a will. The Torah sets out a system whereby a Man (who is the sole owner of his and his wife's possessions with few exceptions) is inherited by his sons (not his daughters unless there are no sons), and if the sons are not available, then successively by various paternal relatives. The wife's inheritance is limited to the value of her Ketubah (generally understood to mean somewhere in the realm of $25,000 -$50,000). The sons do not receive equal shares; the Bechor – first-born son – receives a double portion.

Furthermore, there are considerations of how the testator's debts are to be paid, what bequests might be made for other persons and/or charitable causes, and what arrangements are to be made for minor children. The basic Halachic default provisions are generally not consistent with the way that most people today, including Orthodox Jews, wish their estate to be divided. Unless another Halachically legitimate way can be found to effect those wishes, one would be in Halachic violation if they do not follow these guidelines.

Of course, this is not a new problem, and various forms of a Halachic will, or “Tzava'ah”, have been proposed by Poskim throughout the centuries. Nevertheless, of course, people wish to have not only a tazva'ah enforcable in Bet Din, but a legally effective will that can be entered into Probate Court. And here is where the largest Halachic problem lies.

The problem is this. Under the laws of New York State (and every other state) a will is a worthless piece of paper, completely lacking in legal effectiveness, until the moment of death. The testator is completely free to change it, invalidate it, discard it as he/she sees fit. In fact that it why wills always begin with the claim of being the “last will and testament”; it is a simple way to invalidate any prior will, which is automatically invalidated by the writing of a later one. (One should still get competent legal help to make sure that the previous one is indeed invalidated). The point I am stressing is that the will takes effect only after death, not a moment before.

Under Halacha, however, one loses all rights to one's property upon death; all property that has not been given or sold before death automatically passes to the heirs according to the Torah scheme of inheritance, with no right of the deceased to direct any bequests whatsoever.

In other words, according to Halacha, bequests can only 

be made to take effect BEFORE death, 
while the testator is alive; after he/she dies there remains nothing for the testator to give. 

 By contrast, under NY (or any other state) law, bequests only be made AFTER death.  
The testamentary intent as expressed in the will has absolutely no effect and can be changed anytime inter vivos
(while the testator is still alive)

Thus a person who relies only on a will that is valid under NY law is in effect setting up a terrible situation for his/her heirs. For example, if a man dies and provides in his will that he wishes his property to go 50% to his wife, and the other 50% to be divided equally between his three sons and one daughter, and does nothing to make this halachically valid, he will be setting up a situation whereby the heirs will be engaged in theft if they follow this plan. Under Halacha, the wife is entitled only to the Ketubah, ans the estate is to be divided in four parts, with the eldest son getting two parts, the other two sons getting 25% each, and the daughter nothing. (If the daughter is a minor, her brothers would have a responsibility to provide for her basic care from their inheritance.) If the wife or daughter take under the will, or if the two younger brothers take more than their 25% share, they will be guilty of genevah, assuming that the deprived do not waive their rights.

It is thus crucial that when setting up a will there be a consultation with a Rabbi and/or attorney who is knowledgeable in Torah to make sure that it will be valid both in the Bais Din as well as the Probate Court. This expert can help advise about what should go into a properly executed will and Tzava'ah, as well as being knowledgeable about other forms of expressing testamentary intent, such as the many different kinds of trusts which may be more appropriate than a will for a particular individual.

I would be very happy to discuss these matters further with anyone who has an interest in making sure that they are providing for their heirs in a most beautiful way, both materially and spiritually .

Note:  This essay does not constitute legal advice.  In some jurisdictions it might be construed as a legal advertisement

The Truth, the Whole Truth, and Nothing but the Truth

 As we approach the Day of Judgment, one wonders how we might focus in preparing for our case before the Most High Judge, who will judge us with the unvarnished truth, hopefully tempered with mercy.   The truth about all of our lives – our accomplishments and shortcomings, the justifiable explanations and the empty excuses, that which was done with sincerity and the times that we just went through the motions  (or even failed to do that) – all of it will be reviewed and judged by the Judge of Truth on these Days of Awe.  It would seem that the least we could do to prepare ourselves to meet the Judge of Truth is to be truthful ourselves, and only then ask for Divine Mercy given our shortcomings as frail, limited, mortal humans.

Unfortunately, it seems to me that whole and complete Truth is a rare commodity in our world.  Note: I did not say that Truth is a rare commodity.   There is a lot of Truth that is spoken about many topics, and that is adhered to by so many wonderful people.   What is rare, however, is “Complete Truth”. By this I mean Truth based on all sides of complex issues, and not just the part of Truth that is consistent with our desires and prejudices.   I maintain that much of what I hear stated about so many issues is not “Complete Truth”, but rather “Half-Truth”s that attempt to reduce an issue to a black and white resolution favoring one aspect, rather than a nuanced understanding that the Truth is far more complex. And the old yiddish saying, “A Half-truth is a Whole Lie” might just apply.

I would like to explain my thesis by way of example – selecting several representative issues from the many that would bear such analysis – in the limited space I have here:

*    The Rambam's attitude towards Kollel Learning – The ongoing debate in Eretz Yisroel (and to a lesser extent in the US) about the future of the Kollel system is well known.   Given that it ought to be fairly self-evident that the current model is economically unsustainable, and that the vast majority of Israelis are in favor of reducing government subsidies to the ever-growing Kollel population, those who argue for the status quo look for Torah-based justification for their point of view.   One of the most frequently quoted sources for the validity of the Kollel system is the following statement by the Rambam at the end of Hilchos Shmitta V'Yovel (13:13):

ולא שבט לוי בלבד אלא כל איש ואיש מכל באי העולם אשר נדבה רוחו אותו והבינו מדעו להבדל לעמוד לפני ה' לשרתו ולעובדו לדעה את ה' והלך ישר כמו שעשהו האלהים ופרק מעל צוארו עול החשבונות הרבים אשר בקשו בני האדם הרי זה נתקדש קדש קדשים ויהיהה' חלקו ונחלתו לעולם ולעולמי עולמים ויזכה לו בעה"ז דבר המספיק לו כמו שזכה לכהנים ללוים :

Not only the tribe of Levi, but any one of the inhabitants of the world whose spirit generously motivates them and thus understands with his wisdom to set himself aside and stand before God to serve Him and minister to Him and to know God, proceeding justly as God made him, removing from his neck the yoke of the many reckonings which people seek, he is sanctified as Holy of Holies. God will be His portion and heritage forever and will provide what is sufficient for him in this world like He provides for the priests and the Levites

The Rambam thus holds, so goes the argument, that whosoever chooses a way of life in which they are supported by public funds, avoiding participation in general civic responsibilities, and devoting their lives to service of Hashem, is choosing the path of Kodesh Kodoshim, the Holy of Holies, and will be blessed for it.  Ergo, Kollel life is the ultimate good.  During my recent trip to Israel, I saw a Chareidi newspaper quoting a leading Torah personality who offered this as THE proof that status quo in the Kollel system must be defended at all costs.

But is this the whole truth?   Let us look at what the Rambam says in Hilchos Talmud Torah (3:10):

כל המשים על לבו שיעסוק בתורה ולא יעשה מלאכה ויתפרנס מן הצדקה הרי זה חלל את השם ובזה את התורה וכבה מאור הדת וגרם רעה לעצמו ונטל חייו מן העולם הבא לפי שאסור ליהנות מדברי תורה בעולם הזה אמרו חכמים כל הנהנה מדברי תורה נטל חייו מן העולם ועוד צוו ואמרו אל תעשם עטרה להתגדל בהן ולא קרדום לחפור בהן ועוד צוו ואמרו אהוב את המלאכה ושנא את הרבנות וכל תורה שאין עמה מלאכה סופה בטילה וגוררת עון וסוף אדם זה שיהא מלסטם את הבריות

Anyone who comes to the conclusion that he should involve himself in Torah study without doing work and derive his livelihood from charity, desecrates [God's] name, dishonors the Torah, extinguishes the light of faith, brings evil upon himself, and forfeits the life of the world to come, for it is forbidden to derive benefit from the words of Torah in this world.

Our Sages declared: "Whoever benefits from the words of Torah forfeits his life in the world." Also, they commanded and declared: "Do not make them a crown to magnify oneself, nor an ax to chop with." Also, they commanded and declared: "Love work and despise Rabbinic positions." All Torah that is not accompanied by work will eventually be negated and lead to sin. Ultimately, such a person will steal from others.[1]

Anyone, even one completely unfamiliar with the Brisker Derech that is so popular in the Yeshiva world, can see that this seems to be a classic סתירה (contradiction) in the Rambam.   Given the enormous respect that exists for consistency in the Rambam's work, one normally strives to find an approach that allows both of the statements to be true, each in its own context (צויי  דינים) . In fact such solutions readily exist, of course, although I do not have space to go into them here.[2]  If one is intellectually honest, one does not just ignore the source that is inconvenient or that argues against a position that one favors.  

And yet, this is routinely done in the Yeshiva world.  The quote from the Rambam in Shmitta V'Yovel is always trotted out, while the one in Hilchos Talmud Torah is suppressed and ignored.  This is what I am referring to as a “Half-Truth”.

*    Women of the Wall – One of the great controversies that erupted this summer was over the rights of the so-called “Women of the Wall” to conduct an egalitarian prayer service while wearing Tallitot and Tefillin on Rosh Chodesh mornings, praying loudly in a manner that is highly offensive to the vast majority of those who usually frequent the holy Kotel HaMaaravi.   In stating their case, they assert that the Kotel is not an Orthodox synagogue, and the non-Orthodox have just as much right to pray there as anyone else.  They furthermore state that they are motivated by their strong desire to worship Hashem and that there are some classical Jewish sources that permit women to wear Tallitot and Tefillin. Although these assertions are somewhat debatable, let us grant that they are truth.   But are they the whole truth?

Is it not also true that if what they really wanted was to worship Hashem at the Kotel Maaravi, an alternate site is available 200 feet away, at the Southern portion of the Western Wall, which is just as Holy and which would have the great advantage of avoiding conflict, whereby they would be able to pray in peace to their heart's content while not antagonizing those who worship differently?   And much as there may be some classical sources that speak of  Holy women who wanted to go beyond that which was required of them, and thus added Talit & Tefillin, is it not true that many of the leaders of the Women of the Wall are not observant of basic Jewish practice such as Shabbos, thus making their additional spiritual striving somewhat suspect? Is it not also true that a major objective of the WOW is not religious fervor, but rather political activism to undermine the prevailing Orthodox custom?[3]

This is another example of a Half-Truth being told to the media, rather than the Whole Truth

*    The Status of Bein Adam L'Chaveiro – Our communities have a lot of justifiable pride in the many wonderful ways that our interpersonal relationships have improved tremendously over the last several decades.  There is a far greater vigilance against Lashon Hara, many more Chessed organizations doing wonderful work, programs and shiurim galore on various areas of improvement attract many attendees. It is certainly true that we have come a long way, and that there is much to be proud of in how we are working to be better towards each other.

Unfortunately, it is equally true that there is still so much to be deplored in our community.  So much cynicism and skepticism, suspicion of others that are not exactly like us, intolerance of others not on our religious standard, and derision of those with whom we disagree.   There are so many divisions and arguments and conflicts.  The plague of Sinat Chinom (baseless hatred) is all too alive and well.

To dwell on only one or the other of these sides, would be to see only a Half-Truth, not the Whole Truth.

*    Internet Access in the Home – The truth is that the internet presents a great spiritual danger.  We have all heard stories of the many lured into sin and miserable personal problems by the pervasive hard and soft pornography; internet addiction, (including sexual addiction that is fed by the internet) is a real problem.   While in the past a person who wanted to view illicit material might have had to go across town and hide in order to access it, it is now easily accessible, mostly for free, in the private comfort of one's basement.  Even for those who are not lured by the really negative stuff on the internet, it presents a problem of unlimited access to endless entertainment and video, which can lead to wasting one's life while neglecting family, business and of course Torah study.   This is a truth that cannot be denied.

But it is only Half-Truth.  The internet is also a tremendous blessing.   It is has tremendously valuable Torah resources on it, and has brought learning and shiurim and programs and help to millions.   It is also an invaluable tool for so many vital tasks, and an indispensable tool in any sort of business or commercial undertaking.  Used properly, the internet can be a great force for the good, and thus is not going away anytime soon.

Given the problems caused by the internet, many Rabbonim and community leaders (and for that matter leaders in the non-Jewish community as well) have tried to find ways to combat this scourge, sometimes by taking absolutist measures, such as were discussed in the large gathering at Citi Field last year.  From what I have heard, however, most of those efforts have failed to accomplish what was hoped for, as very many looked at those efforts as hopelessly out of touch with the real world. 

In my opinion, that is because the pronouncements were based on Half-Truth.  If the story is painted black and white, with the other side totally demonized and excoriated, when many know deep down that the positions taken are overstated, little or nothing is accomplished.   It is only when one takes a nuanced approach that acknowledges both sides of the truth, both the positive and the negative, and crafts realistic approaches in cognizance of both, that Whole Truth will emerge, and be adhered to.

There are many other similar issues that come to mind.   The attitude of the American Jewish community towards the mitzvah of living in Eretz Yisrael, the appropriate role of of women in communal leadership, the Shidduch crisis, secular education . . . and many others.  If only people would realize that most major issues in life are complex, and that there are many sides to be considered before deciding what the solution should be, we would be much farther along to finding the truth and less prone to end up with Half-Truth.[4]

In closing, I hope that as we approach the Day of Judgment, we find the courage to be honest, to accept those parts of the truth that does not necessarily fit with our preconceptions and prejudices, and to try to pursue Truth as it is, not only as we would like to be.  It is only thus that we can feel justified in approaching the Judge of Truth, hoping for His Mercy

Have Sweet and Happy New Year!

---

[1]                 This is very mild compared to what the Rambam says in his commentary to the Mishnah in Avot (2:2).

[2]    Cf. Shaarei Talmud Torah, Rabbi Prof. Leo Levi, (Feldheim 1980) in which he shows that in Shmitta V'Yovel the Rambam never intended that Torah scholars should be supported by public funds, but rather that like the Tribe of Levi, they be released from certain civic obligations and be given some preferences in business so that they might earn their livelihood with greater ease, freeing up more time for Torah and Avodas Hashem.  It is interesting that this book, which presents the whole truth regarding the mitzvah of Talmud Torah, was banned in Chareidi circles, though it had approbations from R Yaakov Kamenetzky and R Pinchas Menachem Alter זצ״ל

[3] Anat Hoffman, leader of WOW works at the Reform Action Center as her “day job”, where her main passion is to find ways to " see that the powerful Orthodox bloc in the City Council does not dictate lifestyle choices for the secular population of Jerusalem", as well as fighting for the civil rights of the Palestinians in Jerusalem, according to her bio.

[4]    There was a wonderful article published this summer Klal perspectives by Dr. Aharon Hersh Fried, in which he argued for the importance of gathering enough of the correct data before making decisions, that would serve well as a complement to this essay.  It is available on the INTERNET at http://klalperspectives.org/aharon-hersh-fried-phd/

Tisha B’Av – Festival of Sadness

Unless things change a whole lot in the next few weeks, we will one again be going through the days leading up to and including Tisha B’Av, the Ninth Day of the Month of Av, the saddest day on the Jewish calendar.   Year after year, we take time to reflect on our condition in the Diaspora, and what this long, seemingly endless exile is supposed to teach us, while awaiting the long sought for Geula (Redemption).   

There is an interesting anecdote recorded regarding a meeting between the prophet Jeremiah and the famous Greek philosopher, Plato.  Jeremiah was mourning the destruction of Jerusalem, and Plato engaged him in conversation.  Impressed with Jeremiah’s great wisdom, Plato asked him “I do not understand how a sage of your stature can weep so bitterly over something that is over and done with.   Surely, what is past is finished with, and your concern now ought to be solely with the future, and how you can influence it.   What possible use can there be in all of this weeping?  Jeremiah answered, “I cannot give you a proper answer to your logical question, for you will not understand it.”

Was Plato not right?   And surely now, 2500 years later, is it not time to focus on the present and the future, and to let bygones be bygones?   Can we never forget?  Can we never forgive?   How can we spend three weeks of every year going into greater and greater mourning, culminating in a day of fast and sadness after all this time?

In fact, one of the great blessings that Hashem grants us is the ability to forget painful memories.  “Hashem has decreed about a deceased person that they should be forgotten from the heart” (Sofrim 21).  If it was not possible to forget, if the pain of losing a close relative or friend remained always as immediate as when the loss first occurs, we would be immobilized, unable to cope with life.  It is a blessing that while we always carry a memory of a departed loved one, we are able to remove the pain of the loss from the forefront of our consciousness.  Nevertheless, this general rule does not hold here, as expressed by the famous verse in Psalms, “If I forget thee O Jerusalem, let my right hand be forgotten!”  We are bidden never to forget!  The sages, by instituting all of the Halachot surrounding these three weeks, made sure that at least during one long period of the year, and several other fast days year-round, not to mention the requests in our thrice-daily prayers, that we would constantly remember and never forget to mourn for Jerusalem. 

The Slonimer Rebbe, Rabbi Sholom Noah Barzovsky, zt”l, wrote a fascinating essay on this subject, in which he noted that central to Tisha B’Av is the idea that we are not to make our peace, ever, with the fact that the Bais Hamikdosh (Temple) was destroyed.  To never allow ourselves the thought that we accept the post-Bais Hamikdosh world as the new, normal; as the permanent reality for us as Jews.  The Bais Hamikdosh was destroyed for many reasons, some more well known than others.  But that was never meant to be its final disposition.   The day that we stop hoping that the Bais Hamikdosh will be rebuilt is the day that its destruction will really be irreversible. 

This basic thought ought to permeate all of our concerns in life.   We struggle with our problems, with our kid’s education, with our personal growth, with financial problems, existential problems; we look at the contemporary scene both here in Israel.  We look to the pundits and “wise men” who have this or that solution to intractable problems or who point to this or that occurrence to explain the crux of our quandaries, and forget that the main problem is none of the above, but rather it is the fact of Golus – our distance from Hashem and his Holy Temple in Jerusalem.   For it is surely true that no matter how many problems we solve here in America and regardless of how much we grow in our spiritual lives as Jews, we will have a huge gaping hole in our spiritual lives as long as “we have been exiled from our land, and we cannot fulfill our obligations in your great & holy House  . . . ”

Why are so many Jews distant from their spiritual roots?   Why are there so many terrible, endless problems between groups of Jews?  How are we ever going to be able to resolve the great issues that divide us, when those matters are based on such fundamentally different outlooks on what the Torah is, what it means to be Jewish, the nature of our Jewish obligations, and how flexible can we be about adapting them for modern times?  What will it take to allow myriads of Jews who have no idea of the beauty of Shabbos, Kashrus, Torah learning, and Jewish living to even have a real glimmer of what they are missing?  How will the great problems surrounding the Land of Israel, and the mutually exclusive claim to is territory, ever be resolved? 

And most of all, how will all of us ever be able to finally arrive at a place of closeness with Hashem; when we will be able to always feel the indescribable joy of His closeness without the inner contradictions and pain and difficulty, and existential loneliness, that we so often feel in our spiritual quest?   To quote the timeless words of Rabbi Yehuda Halevi, in his ode to the Jew in Golus that we say on Tisha B’Av:

 “Zion! When will you ask about the welfare of those who were taken from you? ...Those who long to cling to your mountainsides . . .  Your atmosphere is food for souls, Your dust is spice and your Rivers’ floes of flagrance, I would treasure going even barefoot and bare through your former castles and ruins, at the place of your hidden Ark, with the Cherubs in your Sanctuary.  I cast off the pride of my accomplishments  . . .  for how can I enjoy my eating and drinking  . . . How can I enjoy the sunlight . . . when I remember fallen Israel, and recall Judea captured . . . Beautiful Zion, you excite Love & Joy, bound to you are the lives of your friends, those who glory in your successes, who hurt in your pain, and who weep over your destruction . . . from prison dungeons they reach out to you, bowing from distances toward your gates . . . ” Translated by Rav Aharon Lichtenstein in Jewish Action

In this most beautiful elegy, (beautifully re-translated), where the aching longing for a reunion with Hashem in Jerusalem is expressed without equal, we begin to sense just how much we are really missing in this long Golus, comfortable as we may be.

These longings for that rebuilding are the building blocks of the eventual edifice.  Although in many ways, Judaism teaches that what one does (actions) are more important than what one thinks or believes, it is nevertheless true that “The longing to perform a mitzvah, or to engage in a spiritual pleasure, is even greater than the pleasure itself.”  The active awaiting of its rebuilding, the tears shed over its absence; the effort to not assimilate into the surrounding culture and its alien values, but rather to strive to retain our uniquely Jewish selves, these are what will eventually bring it back.   Every tear shed and every sigh over its absence, and what it means to us today, is another element in the building.

Thus, says the Slonimer Rebbe, the period of the three weeks between the 17^th of Tammuz and Tisha B’Av are a period of crying, but a positive period: a crying that is part of the rebuilding process.  A cry of hope, of longing for a better future – an expression from the depths of the soul that we will never be satisfied and complacent in our spiritual quest until we have achieved total Teshuva, back to the closeness with Hashem that once was and is still potentially possible.  “Hashiveinu Hashem Aylecho VeNashuva  - Bring us back to you Hashem and we WILL return, renew our days as of old! ”

This longing is something that is so very precious to Hashem, as the Zohar states, “A person that raises their voice to cry about the destruction of Hashem’s house, merits to have it said ‘together we shall sing’.”   As Reb Levi Yitzchok of Berditchev said regarding the verse in Eichah, “You will surely cry in the night, and her tear will be on her cheek, not receiving comfort from all those who come to console her,” the tear remains on the cheek because they make a great impact in the heavens if a person truly cries regarding the Churban - destruction.  The tears are not for naught, they are the lubricant that allows one to move higher and higher in one’s spiritual quest.

For each of us then, we certainly must face life with a happy confident attitude.  We must take time to enjoy our growth, to celebrate our Jewishness, and to sing with the joy of being fortunate to be engaged in building our spiritual lives inwardly, as well as in our families and communities.   But we must also take the time to mourn a little inwardly; about all the potential that is there, that is not yet being fulfilled.  Only thus will we continue to grow, and look forward to the day that our inner sanctuary will be fully built, heralding the time of Moshiach, speedily in our days.