The Twelve Minute Shiur

We begin our close reading of Rambam's הקדמה (Hakdamah), the Introduction to the Mishneh Torah, his great compilation of Jewish law and arguably *the* most impressive work of halakhah ever written. In this installment: Rambam on the origin and the history of the תורה שבעל פה (Torah sheb`al peh), the "Oral Torah."

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The second and concluding installment of our look at Rabbi Moshe Feinstein's introduction to his collected responsa, where he sets forth his theory of why the contemporary posek (halakhic authority) is entitled - and even obligated - to undertake the daunting task of speaking in the name of Torah and halakhah. Does his view of the matter have anything to teach us? Does it have anything in common with our own progressive outlook?

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Rabbi Moshe Feinstein, one of the leading Orthodox poskim(halakhic authorities) of the 20th century, was certainly no liberal or progressive. But his theory of halakhic decision has much to teach us. At least… we think so, and in the next several episodes we’re going to explore that theory, which he sets forth in the הקדמה (introduction, preface) to his collected responsa. 

Part 1: why maybe I shouldn’t have been a posek! 

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Most Orthodox poskim will tell you that, to be a valid ("kosher") witness, a person must be an Orthodox Jew, that is, observant of ritual halakhah according to Orthodox standards. So: a Jewish wedding ceremony is valid kiddushin only if it is witnessed by two Orthodox Jews. We have two questions: 1) how do they know this? and 2) is it true?

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It's a typical halakhic discussion among the rishonim (medieval Talmudic scholars): an analysis of texts concerning the laws of aninut, the period of time that extends from the death of a loved one to the moment of burial.

Typical? Could there be more to it? Does this back-and-forth over seemingly dry and technical details conceal an emotional dispute among members of a grieving family?
​An exercise in reading between the lines of our halakhic texts.

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Do you like creative liturgy - poems and thought-pieces and readings that add to or replace the traditional siddur text ? If you do, you probably know that Orthodox Jews claim that such creativity with the liturgy is a violation of the halakhah.

Hmm - it seems that we've been through all this before.

A look at how today's innovations in public prayer are simply the latest round in a centuries-old halakhic controversy.

Reform congregations make a point to recite Sh'ma on their feet: they either rise or remain standing, if able. Most everybody else recites it in a seated position. Many say (wouldn't you know it?) that the Reform practice violates the halakhah.

​Here's an argument to the contrary.

It's a well-known minhag (custom) to require that the wedding ring be a plain band, with no precious stones. But is this a requirement of halakhah? Most authorities say "yes," but their argument is open to... well, argument!

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Most say "three."​ Some say "two." Why the disagreement? And what's behind the two positions? We go back to the Mishnah and survey 1500 years of debate. Not so bad, we not-so modestly think, for twelve-plus minutes!

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In traditional Ashkenazi siddurim, you'll find this instruction, right before Sh'ma Yisrael: "when praying in private, add 'El Melekh Ne'eman.'" Is this a big deal? Well, when you say "El Melekh Ne'eman" you're adding material to k'ri'at Sh'ma (the recitation of Sh'ma and its accompanying b'rakhot), without any authorization in the classical sources, and the halakhah has a big problem with that. It shouldn't be there... but it is! And that fact tells us something about the capacity of Jewish law to change, to accommodate itself to the needs of those who pray. So yes, it is ​a big deal!

We all know that a minyan, the quorum needed for communal prayer (t'filah b'tzibur), is composed of a minimum of ten adults. Children, who have no obligation (yet) to fulfill mitzvot, don't count in a minyan. But already in Talmudic times and through the Middle Ages, some rabbis wanted to include a child in a minyan, at least as the tenth person alongside nine adults. In this installment, we take a brief look at their arguments and at what they might teach us about the value of "inclusion."

In our last installment, we saw that Rabbi Moshe Feinstein ruled that Reform weddings do not create halakhically valid marriages. In this installment, we'll see that another leading American Orthodox posek, Rabbi Yosef Eliyahu Henkin, rejects Feinstein's decision in no uncertain terms. Not, to be sure, because he thinks highly of Reform Judaism, but because he tells a very different story about the Jewish community of his time. It makes one think about the role of storytelling in halakhic decision.

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In this installment we consider the (in)famous decision of Rabbi Moshe Feinstein, the preeminent 20th-century Orthodox posek in North America, concerning Reform Jewish weddings. Spoiler alert #1: he thinks that they do not produce valid Jewish marriages according to halakhah. Spoiler alert #2: his ruling served a purpose that all of us progressive types can support, even if what he says about us is vituperative and insulting. As we like to say in the halakhah ​business: it's complicated. Which is why it's so interesting.

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Two Jews walk into a church (stop us if you've heard this one!). They get married there, in a Christian ritual, with a priest as the officiant. Does halakhah recognize this marriage as valid under Jewish law? Some rather serious consequences ride on the answer to this question. In this installment, we consider the answer offered by a leading sage of the 15th century.

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We hear much these days about "the death of expertise," a growing tendency to ignore and cast suspicion upon the counsel of physicians, scientists, economists - trained experts of every sort. Why is this? Is it because we're too dumb to listen to people who know better? Well, maybe! But that's only a partial answer, because the experts may bear their share of the responsibility, too. The halakhah instructs us to heed the counsel of the expert (the baki, the mumcheh) in their area of expertise, but it knows that despite their expertise – or sometimes even because of it...

We liberal Jews are quite familiar with the b'rakhah known as "Shehechiyanu." It's our all-purpose blessing of thanksgiving. We recite it all the time, over almost every conceivable moment of personal and communal celebration. In fact, though, the tradition knows of (at least) three b'rakhot of thanksgiving, each one to be recited at specific moments over specific things and under specific conditions. This doesn't mean we need to stop saying Shehechiyanu at the drop of a hat - er, kipah - but it's not a bad idea to keep the other b'rakhot in mind.

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In this installment, we look at a t'shuvah (responsum) from 1948 by a leading Orthodox posek on the question of draft exemptions for Torah students. We doubt that his opinion would be popular among today's chareidim. Not surprisingly, we find his reasoning impeccable.

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In Israel, as estimated 60,000 full-time students at chareidi (ultra-Orthodox) yeshivot are exempt from giyus (the draft). It's a bitterly contested issue, especially during a two-year war when the other segments of Israel's population have shouldered a heavy burden of military service. The chareidim justify the exemption for halakhic reasons (among others). Hmm... does Jewish law really grant yeshivah students an exemption from the army? In this installment, we consider their major arguments.

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The birkot hanehenin, the blessings we recite before deriving material benefit from Creation: why exactly do we recite them? 

At the moment of kiddushin, the inception of marriage, we recite the b'rakhah known as birkat eirusin, "the betrothal benediction." What does the text of that b'rakhah tell us about the nature of marriage according to the halakhah? Surprisingly - well, maybe not surprisingly - there's a machloket over that! 

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Do poskim rely upon the principle "great is human dignity" as an argument for making permanent and positive changes in halakhic observance? Not often... but sometimes they do. Here's an example of an Orthodox authority who uses the argument gadol k'vod hab'riyot to justify removing a well-known barrier to justice and equity in traditional practice. And although we progressives solved that problem many years ago, we do not hesitate to call this rabbi one of our halakhic heroes.Get the source sheet at www.freehofinstitute.org/podcast

In shiur ​#73, we saw that the exalted halakhic principle "great is human dignity" has historically played but a minor, limited role in practical halakhic decision making. This shiur considers a famous exception to that rule. Rabbi Moshe Isserles permitted a couple to violate the Rabbis' prohibition against holding weddings on Shabbat when postponing the hupah until Sunday would have brought shame and humiliation upon the bride. His halakhic argument suggests that poskim are entitled to abandon established halakhic precedent when, in their estimation, ethical necessity demands a different decision. It's a big deal.

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It's a positive ("thou shalt") mitzvah to tell the story of our redemption from Egypt on seder night. So why do we not recite a b'rakhah, a blessing over Hagadah, the telling of the story? Many have asked this question, and many have offered answers. In this installment we consider some of those answers. And we may even suggest one of our own.

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"Great is human dignity."

How great is it? Would you believe that it's so great that it takes precedence over mitzvot of the Torah?? Well, not so fast; it's complicated. And like the old saying goes: two Talmuds, two opinions.

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Are we entitled to do anything we wish to our bodies and our persons, even to the point of inflicting substantive harm upon ourselves, so long as our act does not damage others? Modern Western thought, especially in its libertarian variety, tends to answer "yes." Traditional Jewish thought, which is hardly libertarian, would answer "no," correct? Well, not so fast. Rather than one clear and obviously correct answer, the halakhah offers us a way to think about and argue the question on the way to making decisions.Download the source sheet at www.freehofinstitute.org/podcast

If talmud torah k'neged kulam ("the study of Torah is equal in weight to all the other mitzvot combined"), then no wonder we recite a b'rakhah - or maybe more than one - for the act of Torah study. But - what do we recite? When ​precisely do we recite it? And over what sort of "Torah" do we recite it? So many questions... let's see if our texts can provide us with some answers.

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Does the halakhah permit unions to strike, to walk off the job and to prevent nonunionized workers from replacing those on the picket line?
It’s a machloket. Some authorities say that the Torah forbids workers to strike against employers and that there is a better way to resolve disputes over wages and working conditions. Others permit the strike as an invaluable tool of worker empowerment that draws its support from several provisions of Jewish law.
In this installment, we’re looking at both sides. Download the source sheet at www.freehofinstitute.org/podcast.

How an outstanding 20th-century posek translates the ambiguities of the classical texts into a language that speaks to the economic realities of modern industrial society. The halakhah, he tells us, offers enthusiastic support for labor unionization even though those texts don't say so, at least not literally. Talk about "progressive halakhah" before that term was invented! But even he has doubts that unions are entitled to strike to enforce their demands. Is he right? We'll look at that subject in our next installment.
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Does Jewish law permit workers to organize into labor unions to help secure better pay, benefits, and working conditions? Does it permit those unions to go on strike or undertake other such actions to enforce achieve their demands? The answer to those questions is a definite – maybe. In this shiur, we’ll look at some texts that may give us some guidance but that leave a lot of questions open. So stay tuned for our next shi'ur, when we’ll see how a leading 20th-century posek constructs from these vague and often ambivalent sources a ringing endorsement of unionization in the...

"Throughout the eight days of Hanukkah / These lights are sacred /
And we have no permission to make use of them / We may only look upon them..."
That's part of the liturgy traditionally recited upon kindling the Hanukkah lights. But what does it mean to "make use" of the Hanukkah lights? Why are we not permitted to make use of them? And how do we know all of this anyway?
A bit of learning for the festival of lights. Downlaod the source sheet at www.freehofinstitute.org/podcast

Our tradition teaches that Joshua imposed a set of t'naim, stipulations or conditions, upon the people before they took possession of the land. Those stipulations suggest a vision of land use that allows for private ownership and for public benefit. Does that vision have anything to teach us in our time?

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It's a mitzvah to rejoice on a festival. And what better way to rejoice than a se`udat yom tov, a festive meal? Does meat have to be on the menu? Many Orthodox Jews say "yes" and that they have the sources to prove it. We're here to say "no," and we've got sources, too. It's a machloket. And not to brag or anything, but we think that our argument is ​more persuasive!

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Can you fulfill the mitzvah of n'tilat lulav on Sukkot with a lulav that is stolen? 
That is, if you use a stolen lulav, are you yotzei? Do you fulfill your requirement? After all, even if it's stolen, it's still a lulav!
Or does the halakhah refuse to recognize the action on the grounds that you have fulfilled a mitzvah by way of a transgression against the Torah?
In this installment, we consider the legal and the moral aspects of this question.

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Who is the better person: the ba`al t'shuvah, the repentant sinner,
or the tzadik gamur, the wholly righteous individual who has never sinned at all?
​You can argue it either way. And - are you surprised? - the tradition does argue it either way!
Plus, there's an element of halakhah that rides on the decision, which is why we talk about it here. Download the source sheet at www.freehofinstitute.org/podcast

The Torah says we are to hear the sound of t`ru'ah on Rosh Hashanah.
What's a t'ru`ah?
Why must it be sounded by a ram's horn?
And how many sounds are we supposed to hear - one? Nine? Thirty? Sixty? 100?
So many questions - can we answer them in twelve minutes?
​We can try!
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The ethics of judges is - unfortunately - a timely subject. So it's a good time to look at some of what the halakhic literature has to say about it. As is often the case, our study may leave us with more questions than answers. But then, asking the right questions is a good first step.

In 1846, the Reform rabbinical conference at Breslau annulled the observance of yom tov sheni shel galuyot, the second festival day traditionally observed by Jews living outside of Eretz Yisrael. How could they simply do away with such an ancient religious practice? Is there any halakhic justification for their action? As those Reform rabbis would have replied (loosely translated from the German): you betcha!

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More on the second festival day, like: why do many Jews still observe it when we no longer have any doubt as to the right date of yom tov? And what about the second day of Rosh Hashanah? It looks, smells, and quacks just like a regular yom tov sheni... but it's not!

Source sheet available at www.freehofinstiute.org/podcast.

Why do many Jews outside of Eretz Yisrael turn every Biblically-ordained festival day (yom tov) into a two-day observance? What's the nature of that second day, especially since we no longer have any uncertainty about determining the months and the dates of the Jewish calendar? And why do progressive Jews dispense with the observance of yom tov sheni​ altogether? Lots of questions, and we'll try to answer them, beginning with this installment. Warning: some of the answers may surprise you!
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Rabbi Yosef Caro, in his Shulhan Arukh, holds that a blind person may not be called up to the Torah. That ruling stirred a halakhist of the next generation, Rabbi Binyamin Selonik, to write a responsum that holds the opposite. Just your ordinary, run-of-the-mill halakhic mahloket - except that Rabbi Selonik himself was blind, a reality he emphasizes explicitly and passionately in his text, making sure that we read the sources through the eyes of one who - if the Shulhan Arukh is right - would be excluded from participation in a beloved mitzvah.

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