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THE WRITER RAV

2012-01-13T13:09:00.002-05:00

THE WRITER RAV
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2011-08-01T14:49:00.000-04:00

         Essential Laws of The Three Weeks and Tisha B’av
                         by Rabbi J. Maroof


שבעה עשר בתמוז - The Seventeenth of Tammuz

1. Each year we observe a period of mourning for the destruction of the Temple. We begin on the Seventeenth day of the Hebrew month of Tammuz with a day of fasting and prayer. This year, the fast falls out on Tuesday, July 19, 2011.

2. The fast of the 17th of Tammuz begins at astronomical dawn and continues until nightfall. Sephardim conclude this and all other minor fasts twenty minutes after sundown, whereas Ashkenazim conclude anywhere from thirty to fifty minutes after sundown. This year, the fast will begin in Rockville on Tuesday morning at 4:46 AM and will conclude (for Sephardim) at 8:55 PM.

3. It is preferable not to launder clothing, wear freshly laundered clothing or bathe in warm water during the daytime on the Seventeenth of Tammuz. However, it is permitted to brush one’s teeth with toothpaste or use mouthwash.

4. From the Seventeenth of Tammuz through the Ninth day of the month of Av, it is customary to avoid reciting the blessing of Shehecheyanu on new fruits, clothing, etc.

5. It is the custom of Ashkenazim to avoid shaving, taking haircuts and celebrating weddings beginning with the 17th day of Tammuz. If necessary for business purposes, shaving is permitted until the first day of Av. In particularly dire circumstances, it may be permitted up through the Friday before Tisha B’av. In such cases, a competent Rabbi should be consulted.

6. It is meritorious to avoid listening to most forms of music (with the exception of classical and some religious music) throughout the year as a sign of mourning for the destruction of the Temple. However, if one is lenient in this regard most of the time, one should try to be more careful about it during this period.

תשעת הימים ושבוע שחל בו - The Nine Days

1. The first nine days of the month of Av are known as the “Nine Days”, a period of time during which our mourning for the Temple’s destruction intensifies. Beginning with the first day of Av, Sephardim join Ashkenazim in not permitting any celebrations, such as weddings or engagement parties, until the conclusion of the mourning period. Some Ashkenazim also forbid cutting fingernails and toenails during this time.

2. It is customary to refrain from eating meat and drinking wine during the Nine Days. Sephardim do not start observing this restriction until the second day of Av (i.e., the night after Rosh Hodesh Av.) Ashkenazim abstain from meat and wine on Rosh Hodesh as well. This year, Rosh Hodesh Av falls out on Monday, August 1st.

3. Ashkenazic custom prohibits drinking wine during the Nine Days even for a mitzvah, such as reciting Havdala or Birkat Hamazon. Sephardim only apply the prohibition to drinking that is done for personal enjoyment. All agree that the restriction on meat and wine is not observed on Shabbat.

4. The Saturday night prior to Tisha B’av marks the beginning of a time period known as the “Week of Tisha B’av”. At this point, the mourning observances are further intensified and remain this way until the conclusion of the fast.

5. Throughout the Week of Tisha B’av, it is prohibited to shave or take a haircut. (As mentioned above, Ashkenazic custom is to avoid shaving, haircuts and cutting fingernails for the entire “Three Weeks” period.)

6. One may not launder clothing (even for someone else) or wear freshly laundered clothing during the Week of Tisha B’av. This restriction extends to linens, towels, etc. During this period, a non-Jew may not be asked to launder clothing on a Jew’s behalf.

7. One is not permitted to bathe with hot water (i.e., for enjoyment) during the Week of Tisha B’av. Rinsing off with cold water or to remove actual dirt is permitted.

8. One may not produce or purchase new garments during this time period, even if one does not plan on using them until after Tisha B’av.

9. The custom of Ashkenazim is to extend the “Week of Tisha B’av” and observe its restrictions - not laundering, wearing fresh clothing, bathing for pleasure, or making/buying new garments - for the entire “Nine Days” period.

ערב תשעה באב - The Eve of the Ninth of Av

1. On the eve of Tisha B’av after midday, it is preferable only to study Torah subjects that are permitted on fast itself. However, if one cannot focus his or her mind on such topics and will end up neglecting Torah study altogether, it is better to be lenient and study the topic of one’s choice.

2. After the Mincha service on the eve of the Tisha B’av, a meal known as the Seuda Hamafseket is held in preparation for the fast. This meal can consist of no more than one cooked dish (not including bread) and should not be eaten in the company of friends.

3. There are no restrictions on the consumption of raw foods like fruits and vegetables at the Seuda Hamafseket. Similarly, there is no limit on the quantity of food that can be eaten.

4. It is customary to eat a hard boiled egg dipped in ashes at the Seuda Hamafseket. However, this should only be done if hard boiled eggs are the only cooked dish being consumed at the meal. Many people have the custom of eating the Seuda Hamafseket on the ground.

5. When concluding the Seuda Hamafseket, one should have the explicit intention not to begin the fast of Tisha B’av yet. This way, if one wishes to eat or drink something more after the meal (before sundown) one may do so. If one did not have this intention in mind and would like to eat some more before sundown,
a competent Rabbi should be consulted.

6. It is important that the Seuda Hamafseket really be a person’s final meal on the day before Tisha B’av. One should not consume a large meal with a variety of foods before Mincha and then eat a ritualistic Seuda Hamafseket afterward.

תשעה באב - Tisha B’av

1. All Jews are obligated to fast on Tisha B’av, even pregnant and nursing women. A woman who has recently (within thirty days) given birth to a child is exempt from the fast. If a person becomes ill from fasting on Tisha B’av, he need not complete the fast.

2. This year, Tisha B’av will begin on Monday, August 8th at sundown and will end at nightfall on Tuesday, August 9th. As mentioned above, depending on one’s custom, one may conclude the fast anytime from 20-50 minutes after sundown on Tuesday.

3. Five pleasurable activities are prohibited on the Ninth of Av:

        (1) Eating and drinking
        (2) Anointing one’ body with oil or perfume
        (3) Washing, including brushing teeth and using mouthwash
        (4) Wearing leather shoes, and
        (5) Engaging in marital relations.

4. On Tisha B’av, one may only study subjects that are directly related to the destruction of the Temple or to Divine punishment, such as the Book of Eicha, the Book of Iyov, the sections of the Prophetic books and the Talmud that deal with the destruction of the Temple, or the laws of mourning.

5. One is not permitted to inquire about the well being of others on Tisha B’av. This would include greeting friends, asking them how they are doing and otherwise engaging in “small talk” about personal concerns. Answering the phone with “hello” is not considered greeting and is permitted.

6. One is prohibited to work on the night of Tisha B’av. During the day, work is permitted after the recitation of Kinnot. According to some authorities, one must wait until midday before becoming involved in any work. In any case, working at any time on Tisha B’av is strongly discouraged and, if possible, work should be completely avoided during the fast.

7. During the recitation of Kinnot in the synagogue, it is customary to sit on the ground or on a low stool or pillow. Many people refrain from sitting on a regular chair on Tisha B’av from sundown until midday, even in their own homes.

8. Since leather shoes are not worn on Tisha B’av, the blessing of “She-asa Li Kol Tzorki” should be omitted at Shacharit.

9. One may wash one’s hands in the morning with a blessing, but the water may only be poured over the fingertips (up to the first joint of the fingers). This form of washing is also permitted - and, if one plans to pray, recite a blessing, or study Torah, it is required - after one has used the bathroom.

10. One who has actually become dirty may wash the dirt off normally.

11. The custom of the majority of Jews is not to wear a Tallit or Tefillin during Shacharit on Tisha B’av. They are worn at Mincha instead. (However, the custom of some Sephardim in Israel is to wear the Tallit and Tefillin at Shacharit as usual.)

עשרה באב - The Tenth of Av

1. It is customary to recite Birkat Ha-Levana on the night following Tisha B’av.

2. Sephardim should not consume meat or wine until the 11th day of Av (i.e., until nightfall on Wednesday, August 10th this year). Ashkenazim only observe this restriction until midday of the 10th of Av (i.e., until 1:14PM on August 10th this year).

Upon the conclusion of the fast, Sephardim are permitted to launder clothing, shave, take haircuts, and bathe (even with hot water). Ashkenazim generally refrain from these activities until midday of the tenth of Av.

New Blog - Sephardic Bet Midrash

2011-07-01T15:37:00.001-04:00

Please take a moment to visit my new blog, "Sephardic Bet Midrash":

http://sephardicbetmidrash.blogspot.com

I will be presenting summaries of the in-depth classes in Halakha that we conduct here at Magen David Sephardic Congregation every Thursday night. Currently, we are studying the laws of Milk and Meat in the Shulhan Arukh.

It is not meant to replace this blog, just to supplement....

קול באשה ערוה

2011-06-14T21:06:00.002-04:00

ידוע ומפורסם לכל יושבי בית המדרש שיש מחלוקת בין גדולי הראשונים באשר לגדר איסור שמיעת קול אשה המוזכר בגמרא. יש אומרים שהאיסור שייך רק בשעת קריאת שמע, ויש מחמירים אפילו שלא בשעת ק"ש, וההלכה נפסקת בש"ע כדעה האחרונה. גם לפי שיטה זו יש חילוקי דעות ביו הפוסקים. יש אוסרים אפילו קול דיבורה של אשה ויש מתירין קול דיבור אבל אוסרים קול שירה. בזה לכ"ע נקטינן לקולא ומחמירין אך ורק בקול שירת אשה, לא בדיבורה. ואפילו כאן, יש סוברים שהאיסור אינו שייך לשמיעה דרך רדיו או דרך הקלטה, יש אוסרים בכל אופן, ויש סוברים שאם השומעים אינם יכולים לראות את האשה בעת השירה, או שאינם מכירים אותה כלל ושומעים רק את קולה דרך הרדיו, שיש להקל. בדבר הזה נחלקו גם פוסקי זמנינו עד היום.

לעומת כל זאת יש סוברים שבשירי קודש, קריאת פסוקי תנ"ך עם טעמי המקרא וכדומה, שאינם מביאים את האדם לידי הרהורי עבירה כלל, אין חשש קול אשה בשום אופן, מכיון שאנו רואים שהגמרא אומרת שאסור לנשים לקרוא בתורה מפני כבוד הציבור ולא מוזכר שם איסור קול אשה כלל, משמע שבקריאת תנ"ך עם טעמי המקרא לא שייך הרהור, וה"ה לשירי קודש וכיוצא בזה הכל תלוי בתוכן, וכן פסק השדי חמד, מרן החיד"א, בעל השרידי אש, ומרן הראש"ל עובדיה יוסף שליט"א שמפיו אנו
(הספרדים) חיים ולכן הכי נקטינן וככה אני נוהג ויהי רצון מלפני השם שהאמת יורה דרכו אמן

Laws of Pesah 5771

2011-04-07T13:06:00.000-04:00

קיצור הלכות פסח
Essential Laws of Pesah by Rabbi J. Maroof
(301) 770 - 6818

איסור החמץ - The Prohibition of Hametz

1. On Pesah we are not permitted to eat or to possess any hametz. This includes any food product that contains one of the five grains (wheat, barley, oats, rye or spelt) or one of their many derivatives, unless it has been properly supervised for Pesah use.

2. In addition to the prohibition of eating and possessing hametz, the Torah prohibits us to benefit from it in any way. Therefore, we may not sell it, present it as a gift or feed it to any animals on Pesah.

3. Containers of condiments and spreads like butter, cream cheese and fruit preserves that have been opened and used with hametz should be thrown out and new ones purchased for Pesah.

4. Since spices, oils and other additives are sometimes poured directly into a pot over the fire and may have absorbed hametz from its steam, one should purchase new, unopened ones for Pesah. However, the old ones do not need to be thrown out or sold, just put away.

5. The prohibition of hametz also requires us to treat all of the pots, pans, utensils and other cookware that have been used with hametz as non-Kosher for Pesah use.

6. In addition to the restriction on eating actual hametz, Ashkenazim also refrain from eating kitniyot (‘legumes’, such as rice, corn, and beans) during Pesah. However, they are permitted to possess kitniyot and may utilize pots, pans, dishes and utensils that have been used with kitniyot.

7. The restriction on kitniyot only applies to foods that are primarily made up of kitniyot. Food products that contain less than fifty percent kitniyot AND in which the kitniyot are not recognizable, like soft drinks that contain corn syrup, are permitted even for Ashkenazim on Pesah.

8. Sephardim who are accustomed not to eat kitniyot during Pesah may discontinue their custom if they want to. Ideally, they should ‘annul’ the custom before a Jewish court (bet din).

9. Nowadays, Sephardim who eat kitniyot such as rice that are packaged commercially are not obligated to check them for traces of hametz because the companies that prepare these products have already purified them. However, if one happens to find a grain of hametz mixed in with rice, it must be removed. If one has already cooked the rice, consult a Rabbi about how to proceed (many factors are involved).

10. Sephardim are permitted to eat ‘egg matza’ on Pesah, provided that it is prepared under proper supervision. Ashkenazim only allow egg matza for the sick and elderly who cannot digest regular matza.

11. Some authorities permit both kitniyot and egg matza even for Ashkenazim on Erev Pesah.

12. Items that are not edible, such as shoe polish, aluminum foil, glue, cosmetics, toiletries, shampoos and medicines do not need to be kosher for Pesah (or in general), because they are not foods. Pet food, however, must be kosher for Pesah, because it is considered an edible item.

13. The prohibition of eating hametz will begin on the eve of Pesah – Monday, April 18th - in Rockville, Maryland at 10:54 AM this year. The prohibition to possess, sell or otherwise benefit from hametz will begin at 12:00 PM.

בדיקת חמץ- The Search for Hametz

1. On the night before Pesah begins – this year, Sunday, April 17th - every Jew is required to search their property for any hametz. The search should be a genuine, serious inspection for hametz, not a ritualistic walk through the house with a feather and a candle.

2. The search for hametz should begin twenty minutes after sunset or as soon as possible thereafter.

3. Before the search, we recite the appropriate beracha (found either in the Haggada or Pesah prayerbook) and proceed to inspect all areas that we may have brought hametz into during the year. This includes our homes, cars, offices, coat pockets, etc.

4. A flashlight should be used during the search so that one can inspect all of the necessary areas with sufficient lighting.

5. There is no need for ‘spring cleaning’ during the search for hametz. One should concentrate on finding substantial pieces of hametz (like a cookie or pretzel) rather than sweeping up crumbs. If there is extra time, removing even smaller bits of hametz is an enhancement of the mitzvah.

6. After the search for hametz, one should gather all the hametz one intends to save for dinner or breakfast and keep it in one place.

7. When the search for hametz is concluded, one must say the nullification of hametz (‘bittul hametz’) formula found in the Haggada or Mahazor. The nullification statement is repeated in a slightly different form in the morning, right after one destroys or eats the last of one’s hametz.

8. If one is going away for the holiday before the night of the search but is leaving less than a month before Pesah one must conduct a proper search for hametz without a beracha on the last night that one is still home. One should recite the nighttime ‘bittul hametz’ formula immediately after the search, but should wait until erev Pesah to make the daytime “bittul” statement.

- ערב פסח The Eve of Pesah

1. On the eve of Pesah – this year, Monday, April 18th - it is prohibited to eat matza, so that the matza eaten at the seder will be special. Egg matza is permitted for Sephardim as well as for those Ashkenazim who are lenient in this matter on Erev Pesah.

2. It is customary that every firstborn male fasts on the eve of Pesah. The fast may be broken if one attends a ‘Siyum Masechet’, a celebration held when somebody completes the study of an entire tractate of the Talmud.

3. Where possible, first born females should attend the Siyum as well, since many authorities maintain that they are also obligated to fast.

4. One is not permitted to begin work projects that are very involved after midday on Erev Pesah so that one can fully devote one’s energy to preparing for the seder.

5. Beginning about two and a half hours before sunset on Erev Pesah, one is not permitted to eat the equivalent of a meal (even of egg matza), so that he/she will be hungry enough to enjoy dining at the seder. Snacks of fruits and vegetables are permitted.

- ערוב תבשילין Eruv Tavshilin

1. On Yom Tov, it is prohibited to make preparations for any other day. Therefore, When Yom Tov falls on a Friday we are required to create an Eruv Tavshilin in order to permit us to prepare for Shabbat. The Eruv must be prepared before the holiday begins.

2. The Eruv Tavshilin is made by taking a cooked dish (like a hard boiled egg) and a piece of matza and then reciting the beracha and declaration written in the machzor or haggada.

3. It is preferable to recite the Eruv declaration in a language that one understands.

4. When Yom Tov falls out on a Thursday and Friday, preparations for Shabbat may only be made on Friday, despite the fact that the Eruv was created on Wednesday.

5. When preparing for Shabbat on Yom Tov, one should complete one’s preparations early in the afternoon so that it is not obvious that one is using Yom Tov to prepare for Shabbat.

6. It is customary to eat the Eruv Tavshilin at Seudah Shelishit on Shabbat.

הכשר כלים - Kashering Vessels

1. Many people keep separate sets of cookware and utensils for Pesah use. If, however, one wishes to use one’s year-round kitchenware for Pesah, it must first undergo a process of ‘kashering’. In order to avoid complications, it is best to complete this process before hametz becomes prohibited (i.e., before 10:54 AM on April 18th this year).

2. Only metal, stone, wood and plastic vessels can be kashered. Items made from earthenware, such as china, cannot be kashered.

3. Sephardim do not require any kashering for glass and Pyrex vessels and are permitted to use them after a thorough cleaning. Ashkenazim treat these items like earthenware and prohibit their use for Pesah unless they have been used exclusively with cold food.

4. The method used to kasher an item is always based on the way in which the item is used. A vessel that is used for cooking liquidy substances, such as a pot, should be kashered by boiling water in it and then dropping a hot rock or hot piece of metal into it so that it boils over on all sides. Utensils such as soup ladles and carving knives that are placed directly into hot pots are kashered by completely submerging them in a pot filled with boiling water. Serving platters and strainers that have food poured onto them from hot pots are generally kashered in this way as well.

5. After kashering a vessel with boiling water, it is customary to rinse the item off with cold water.

6. Customs differ with regard to kashering vessels that are used for eating hot food but have no direct contact with hot cookware (for example, forks, spoons, knives, etc.) Sephardim may kasher these utensils by cleaning them thoroughly and then running them through a regular cycle in a kosher-for-Pesah dishwasher. Ashkenazim require all vessels that come into contact with hot food to be kashered through placement in a pot of boiling hot water.

7. According to Ashkenazic practice, a vessel must be left unused for 24 hours before being purged with boiling water for Pesah use. Sephardim are only required to observe this stringency in two cases: (1) when kashering a microwave and (2) when kashering meat and dairy vessels together in the same vat. However, it is meritorious for Sephardim to follow the stringent practice in all cases if possible.

8. Before a vessel can be kashered with boiling water, it must be totally clean. When cleaning a vessel to prepare it for kashering, one may come across food substances that adhere to it and cannot be removed. In such cases, simply apply a caustic cleaner such as bleach or detergent to the substance in order to render it inedible.

9. A vessel upon which dry food is directly placed to cook, like a grill or baking pan, should be kashered by cleaning it carefully and then heating it until it is red hot (libun). This is the most intense form of kashering, and vessels kashered in this way do not need to be left unused for 24 hours beforehand.

10. Vessels used for cold food only, such as goblets for Kiddush or cups used for cold drinks, need only to be rinsed with water and are permitted for Pesah use.

11. According to Sephardim, if a vessel is used in different ways at different times, the method of kashering that is applied will follow the primary usage. For example, if a pot normally used for cooking liquidy foods were used for dry cooking once or twice, it would still be kashered by boiling water inside. Similarly, if a fork normally used for eating was used to stir a pot over the fire a couple of times, it could still be kashered by a run through the dishwasher. However, if the vessel was used in a more intense way than usual during the past 24 hours, the more intense method of kashering must be applied.

12. Ashkenazim always kasher based on the most intense way that the vessel has been used with food, even if it has been used that way only once. Therefore, in the two cases mentioned in Law #11, the pot would need to be heated until red hot and the fork would need to be placed in a pot of boiling water.

13. If one carefully cleans one’s oven racks and covers all food placed in the oven with single sheets of tin foil, there is no need to kasher the oven because there is no way for food cooked in the oven to absorb hametz from it.

14. If one does decide to kasher an oven, self-cleaning is perfectly acceptable. If one’s oven does not have a self-cleaning option, one should carefully clean the racks and walls of the oven and then - after leaving it unused for 24 hours - place the oven on its highest temperature setting for one hour.

15. For Sephardim, the grates on which pots are placed on a gas or electric stovetop need only to be spotlessly cleaned to be kosher for Pesah. As an added measure of stringency, some Sephardim also place them into a pot of boiling hot water.

16. After cleaning the grates, Ashkenazim are required to heat them to the temperature at which a tissue that touched them would ignite.

17. Sephardim may kasher dishwashers, regardless of the material they are made of, by leaving them unused for 24 hours and then running them (without dishes inside) through at least one complete cycle with detergent. Ideally, for Ashkenazim, three complete dishwasher cycles should be run (only one needs to include detergent). The racks do not need to be changed.

18. For Sephardim, sinks, countertops and tabletops require nothing more than a careful cleaning to be kosher for Pesah (however, please be sure to consult Law #20.) Some Sephardim are stringent with sinks and, in addition to cleaning them, pour boiling hot water over them

19. Ashkenazim are advised not to use their sinks, countertops or tabletops without kashering them first. They should either (1) not use these items with anything hot for 24 hours and then pour boiling water over them OR (2) simply clean and then cover them.

20. If a sink, countertop, tabletop or stove grate is known to have had contact with hot hametz during the past 24 hours, then Sephardim are required to kasher them according to the same standards as Ashkenazim.

21. Dish sponges and toothbrushes should be cleaned thoroughly with hot water or replaced for the holiday.

22. A microwave can be kashered by leaving it over for 24 hours, cleaning the inside thoroughly and then heating a dish of water in the microwave until it is filled with steam.

23. Refrigerators and cabinets need only to be wiped down with water to be kosher for Pesah. Dish strainers on which clean dishes are placed to dry do not require any kashering at all.

24. If one is not planning on using a particular vessel or appliance for Pesah, it does not require any kashering. Non-Pesah vessels should be cleaned and put away, preferably in a cabinet that is taped up or locked.

ליל הסדרThe Seder Night

1. One may not begin the Pesah Seder until at least 45 minutes after sunset.

2. Men, women and children are obligated to fulfill all the mitzvot of the night. It is especially important for children to have the Haggada explained to them.

3. The custom of Sephardim is to use red wine for the Four Cups, even if superior white wine is available. The custom of Ashkenazim is to use red wine unless a superior white wine is available.

4. The minimum amount of wine that must be contained in each of the four cups is approximately 3 fluid ounces. One must drink more than half of each cup (about 1.6 fl. oz.) to fulfill the mitzvah.

5. Almost any vegetable may be used for karpas, provided that its blessing is bore peri ha-adama. One should make sure that any vegetables eaten at the Seder (and all year round) have been carefully inspected for bugs.

6. It is preferable to use handmade matza shemura for the Seder. However, machine-made shemura is also acceptable.

7. It is ideal to use Romaine lettuce for Maror.

8. Everyone participating in the Seder is required to lean to the left when drinking any of the four cups or eating the matza, korech, or the afikoman. If a man forgot to lean while performing one of the mitzvot he must go back and redo it. Women may be lenient and need not repeat the mitzvah.

9. Sephardim recite the beracha of Borei Pri Hagefen only on the first and third cups. Ashkenazim say a beracha on all four cups.

10. The most essential part of the Haggada is “Rabban Gamliel Haya Omer”, in which the special mitzvot of the night are explained.

11. The minimum amount of matza that must be eaten for each mitzva is a little more than one third of a medium size handmade matza. However, for motzi matza on the first night, one should eat at least half of a handmade matza. The minimum amount of maror one must eat for each mitzvah is approximately 28 grams.

12. One should make every effort to complete the entire Seder, including Hallel, before “midnight” (in Rockville this year, 1:08 AM). If this is not possible, one should at least eat the afikoman before this time.

Rosh Hashana Liturgy

2010-08-27T09:15:00.003-04:00

Q: Dear Rabbi,

I have a few questions regarding piyutim (liturgical poems added to the prayer service on Rosh Hashana and Yom Kippur).

Where did the Minhag of saying Piyutim come from? Are Sephardim obligated to recite piyutim, or can they choose to study Torah after the prayers instead of continuing with Piyutim? If they are so important, why are they not officially incorporated into the service?

Correct me if I am wrong, but the custom of singing Piyutim is relatively new (few hundred years) and there seems to be no mention among the Rishonim (early post-Talmudic Rabbis) of such a custom. Furthermore, it seems in some instances to interfere with the structure of Yom Tov (the Holiday) as outlined by our Rabbis - namely, that half the day should be devoted to study and prayer, and the other half to eating and drinking (Chetzi L'shem/Chetzi L'Chem)?

The reason I ask these questions is because our minyan tends to be quicker than most and we have chosen to leave out many of the Piyutim because the small crowd of individuals would rather learn Torah as opposed to sing. I concede that there are ideas in the Piyutim but not necessarily easy ones to understand. Further, I believe many people's time can be better spent learning a subject than chanting drawn out melodies.

Ideally, ignoring community and political issues, what would be a better way to spend your Rosh Hashana - have a few hours hours of prayer and then learn Torah for a few more, or have prayers that lead directly up to (and for most) past midday, thus forfeiting the Torah study and beginning the festivities later than we are supposed to.

Thanks very much for your time. There are very few Sephardic rabbis that I have encountered who are willing to discuss this important issues open mindedly instead of just telling me it is Minhag (custom) and you can't ask questions.

R.H.

A: Dear R.H.,

There is no halakhic (legal) obligation to say piyutim, and an individual may technically learn Torah during this time as long as he does so in a manner that will not cause offense to the community, but I believe there is great value in the recitation of piyutim - the rabbis who composed them were great thinkers and scholars who wrote them for good reason. Many of the ideas they convey are profound and I find that they deepen my appreciation of and immersion in the themes of the holidays.

The custom of reciting piyutim in the services is actually quite ancient. Rambam references them in his Moreh Nevuchim (Guide for the Perplexed), as does Ibn Ezra in his commentary to Qohelet. Ibn Ezra himself composed lots of piyutim with the intention of having them incorporated in the liturgy of Shabbat and Holidays, and his father was one of the most renowned paytanim (liturgical poets) in history. Rabbi Yehuda Halevi was an outstanding Paytan as was Rabbi Shelomo Ibn Gabirol. Rabbenu Bahya quotes stanzas from famous piyutim in Hovot Halevavot. Rabbi Yosef Ibn Migash, who was the Rambam's father Maimon's teacher, has a responsum in which he states that the inclusion of piyutim in the holiday liturgy is an old and universally accepted custom. Rav Saadiah Gaon, even earlier in history, includes piyutim in his siddur, and states that he has selected what were in his opinion the best ones (he implies there were many many others that had been composed and were in circulation in various communities). One of the classic piyutim in the Sephardic tradition - shema qoli asher yishma - was written by Rav Hai Gaon himself. And these are just the references and citations that I recall off the top of my head!

In short, the presence of piyutim in the liturgy, and halakhic give-and-take about the best texts to use, when to say them and when to omit them (for example, the question of whether to incorporate them into the repetitition of the silent Amidah or say them afterward), etc., are nothing new - they predate us by well over a millenium, perhaps 1500 years.

Rosh Hashana and Yom Kippur are days designated for achieving the mental state of Lifne Hashem - standing before God - so as to facilitate genuine repentance and refocus us on our purpose in life. This is why prayer is the central mitsvah practiced on both of the Yamim Noraim (High Holidays) - the specific features of the holidays, blowing the Shofar on Rosh Hashana and Confession on Yom Kippur, are literally embedded in the prayer service.

The reason for the link between repentance and prayer is a fundamental one. Prayer is essentially defined as "standing before God" and is inextricably tied to repentance, which the Rambam describes as "returning before God". In other words, the objective of repentance is to regain clarity as to our place in the Universe, deepen our awareness of our current stage of personal and communal development or lack thereof, and a increase our sense of resolve and commitment to live up to our ideals in the future - and these themes are what genuine prayer is all about! This differs from study of Torah in the sense that learning is the process of discovering the universal principles of knowledge and wisdom, while prayer is reflection on the implications of those principles for your own life.

The two mitsvot - study and prayer - operate hand in hand and complement one another. Torah study enables us to comprehend the ideas that we proceed to apply to the particulars of personal experience through prayer. And of course, repentance is more about realizing the ideals of Torah in the realia of my specific lifestyle than about understanding what those ideals should be - the latter is a prelude and prerequisite to meaningful repentance!

While I share your intellectual bent and emphasis on Torah study as the ultimate value, I am extremely skeptical about whether learning a piece of Talmud - generally a rather detached and abstract pursuit - would bring you to the level of personal awareness engendered by thoughtful prayer. This would be like learning through a complex and technical commentary on the Talmud on Tisha B'av instead of reading the graphic and very moving Kinnot (Elegies) - there might be intellectual progress in the sense of abstract understanding about the fast day observances, but no personal recognition of the loss and destruction that would eventuate in an emotional experience of mourning. And while knowledge per se is valuable, if it is disconnected from individual experience it is not likely to move a person to a higher level of perfection.

The processes of learning and praying are fundamentally different, and piyutim were added to the liturgy to provide support and enhancement to the prayer experience which is the cornerstone of the High Holidays. And in this case, yes, prayer is more fundamental than learning, which should be completed as preparation before the holiday. As the Rabbis say, it would be praiseworthy for a person to pray all day long, assuming that he possesses the knowledge and understanding he needs to "stand in the presence of the Creator" in an authentic manner.

Best Regards,

RJM

A Potpourri of Questions About Judaism

2010-04-20T15:03:00.003-04:00

Questions:

Q: Dear Rabbi,

Hi! I’m not Jewish, so I haven’t asked questions of a Rabbi before today. But for a long time there have been things I’ve been really wanting to know about Judaism.

Here are six questions I REALLY want to know the answer to. If you could help me, I’d really appreciate it.

1. Judaism is big on regularly-occuring holidays and observances that mark and/or remember various events in Jewish history (e.g. Passover, Hanukkah, Lag b’Omer). But Jewish history has been continuing even up to this day, and has included even more recent events that maybe are as significant as anything else in the history of the Jewish population – such as the Holocaust, or the founding of Israel as a modern nation state. So: why are the pre-existing holidays and observances the only ones considered “official” (if that’s the case)? Is it that those are the ones that are from the Bible? Is it that Judaism has already decided that the pre-existing holidays and observances are the only ones they’ll ever need? Is there any process by which other holidays and/or observances can become as an “official” part of the Jewish calendar as those that are already there?

2. The Hebrew alphabet has some uncommonly-used letters that have dot-markings close to them; perhaps I’m wrong, but I’m of the understanding that these are used to write out the Bible. Is this true? Are those letters ever used in writing out anything else? Do they have any religious significance? Would it be an offense to use them to write out anything mundane, such as a shopping list? Also (because my own name is Adam) I’d like to know: Is the name “Adam” written out in the Bible differently (like, using those letters) than it would be for any non-religious writing?

3. In the Bible, in Leviticus chapter 14, there are instructions about what is to be done if a Jewish person spots mold in their house and points it out to a Jewish cleric; that cleric is to inspect it and make a determination about the cleanliness (or not) of that dwelling. Is this still done nowadays? Do Jewish clerics still have mold-inspection as one of their tasks?

4. In the Bible, in Deuteonomy 13:6-10, it is instructed that anyone, (even a close relative), who suggests that you go along with them in serving other gods (other than the god of Judaism) is to be killed for making that suggestion. Jewish people don’t enact such a punishment anymore (not even in Israel, as far as I know) - why not? Not that I think such a punishment is at all a good idea (I’m more for unfettered freedom of religion for adults), but I want to know: What is the reason that Jewish people don’t do this anymore? Do they think it’s an old-fashioned idea, fit only for an ancient time? Do they simply think it’s a bad idea, or at least that allowing freedom of religion among adults is a better one? Are they simply conforming to current civic laws?

5. All the unleavened bread eaten during Passover that I’ve ever known to be used is of a dry, crispy kind, like a large cracker. Is this just a cultural thing, it being that it’s dry and crispy like a cracker? Is there any other kind of unleavened bread, such as one that is soft and pliable (were it even possible to bake such a thing) that would be acceptable to use during Passover?

6. Do Jewish people who permanently reside in Jerusalem say, at the end of the Seders they hold there, “Next year in Jerusalem.”?

Thank you for any help you might give me with this!

From,
Adam S.

Answers:

A: Dear Adam,

These are all excellent questions and I will do my best to answer them.

1. Although Jewish holidays all have an historical basis, the historical events that precipitated them represent stages or aspects of human development as well. For example, Passover is a commemoration of the Exodus, but we do not look at the Exodus merely as a specific set of events that took place at a specific point in time. Rather, it is representative of the notion of freeing oneself from the bondage of artificial human culture, expectations, ideologies and values in order to follow the principles of God's wisdom. This is really the first stage in any thinking person's growth - extricating himself from the physical and intellectual bondage that human society places upon him. Then he is ready to discover true ideas and the path of wisdom - not the ideas he is indoctrinated with, or that "everyone else" believes or accepts - in order to secure the most satisfying and enriching life for himself. This is commemorated on Shavuot, the anniversary of the giving of the Torah, which is celebrated seven weeks after Passover. Finally, an individual must take the abstract understanding he has developed and transform his lifestyle in accordance with it, finding security not in the approval of human beings but in his knowledge that he is living in line with God's will, i.e., knowledge and wisdom. This is represented by Sukkot, which commemorates how the Israelites dwelled in the wilderness (and eventually settled in the Holy Land) in a manner that was utterly unconventional because it did not fit the accepted fashions of human civilization.

This is why we do not believe that, after the Bible, any truly official holiday can be created. Since the holidays are rooted in the nature of humanity, and the cycle of the holidays is designed to inspire us to continually revisit and refine our passage through these specific stages of development, there is no room for extra "mere commemorations" on our calendar. Purim and Hanukkah are exceptional in the sense that Purim is considered the conclusion of the Biblical saga of the war against the Amalekites and the completion of the embrace of the Torah by the Jews, and Hanukkah teaches that Judaism will survive regardless of the profound level of assimilation to which the Jews themselves might sink. Again, though, these events are remembered not just because they are interesting occurrences in our past, but because they represent fundamental ideas that we must review and reflect upon, year after year.

2. I am not sure exactly what you are referring to in your question about the alphabet. The letters are always the same, although when writing scrolls of Scripture we use a special kind of script, like calligraphy, and we omit the vowel points. In normal books a different form of script is utilized and vowel points are sometimes included.

3. This is a description of a supernatural phenomenon called "tsaraat", not mold. The Bible describes certain afflictions of garments, homes and skin that God would bring upon the people to make them aware of certain moral or ethical issues that required their attention and correction. Generally speaking, the terms "purity" and "impurity" are misnomers. In the Torah, these classifications mean "allowed to enter the Holy Temple/fit for a holy purpose" or "not allowed to enter/not fit", and are not a commentary on the physical goodness or badness of anything, although these terms are occasionally borrowed to refer to moral fitness/unfitness. The priest determines whether the discoloration of the person, garment or wall meets the criteria that indicate that it is in fact legally significant for these purposes - in other words, whether dwelling in that house, wearing that garment, etc., would render a person temporarily forbidden to enter the Temple or have contact with sacrificial offerings. We do not practice this today, since observance of the laws of purity and impurity is only relevant when the Holy Temple is in existence. Furthermore, these divine manifestations only occurred when the Jews lived in Israel and at a very high spiritual level, such that they would actually serve as inspiration for reflection and self improvement. Nowadays, they would not achieve this objective.

4. Capital punishment was only allowed (very rarely) under the auspices of the Sanhedrin - High Rabbinical Courts - during the times of the Temple. Nowadays we do not have rabbis who are qualified to judge such cases, thus we do not have courts qualified to administer such punishment. Judaism views idolatry as the worst evil for mankind, because it promotes the belief that the physical and material is the ultimate reality. This leads people to veer away from the intellectual and the abstract toward the superficial and the concrete, and undermines the development of individuals and civilizations. Without conviction in the notion that there is an abstract, metaphysical reality beyond the senses that can be apprehended by the mind alone, we would have no science, no philosophy, no principles of ethics or morality. In short, we would be primitive cavemen practicing superstition, astrology, etc., with no future.

5. Yes, such unleavened bread exists, and is generally found among Jews of Middle Eastern descent, although the average American Jew has probably never encountered it. I love it and make sure to have some on hand every Passover.

6. Yes, because "Next Year In Jerusalem" is not a reference to a physical location. It means that we hope that, by next year, our society will achieve the level of perfection and sense of direction that is represented by the ideal Jerusalem - a society devoted to the pursuit of wisdom, justice, and compassion above all other values. We hope that our celebration of Passover will be just one part of an ongoing communal/global process of intellectual and moral growth that is illuminated by the truth of the Torah. This is symbolized by the notion of being "in Jerusalem", i.e., living in the Messianic era and fulfilling the commandments as they were meant to be practiced.

I hope you find these answers helpful in your quest for knowledge.

Best Regards,

Rabbi Maroof

Laws of Pesah 5770

2010-03-25T12:11:00.003-04:00

Once again, I am happy to present this brief guide to the Laws of Pesah, revised and updated for 5770. Because of difficulties with GooglePages, the PDF is not currently available online. However, I can certainly email you a copy upon request.

As always, feel free to send me any comments, questions or other feedback you may have.

קיצור הלכות פסח
Essential Laws of Pesah by Rabbi J. Maroof

איסור החמץ - The Prohibition of Hametz

1. On Pesah we are not permitted to eat or to possess any hametz. This includes any food product that contains one of the five grains (wheat, barley, oats, rye or spelt) or one of their many derivatives, unless it has been properly supervised for Pesah use.

2. In addition to the prohibition of eating and possessing hametz, the Torah prohibits us to benefit from it in any way. Therefore, we may not sell it, present it as a gift or feed it to any animals on Pesah.

3. Containers of condiments and spreads like butter, cream cheese and fruit preserves that have been opened and used with hametz should be thrown out and new ones purchased for Pesah.

4. Since spices, oils and other additives are sometimes poured directly into a pot over the fire and may have absorbed hametz from its steam, one should purchase new, unopened ones for Pesah. However, the old ones do not need to be thrown out or sold, just put away.

5. The prohibition of hametz also requires us to treat all of the pots, pans, utensils and other cookware that have been used with hametz as non-Kosher for Pesah use.

6. In addition to the restriction on eating actual hametz, Ashkenazim also refrain from eating kitniyot (‘legumes’, such as rice, corn, and beans) during Pesah. However, they are permitted to possess kitniyot and may utilize pots, pans, dishes and utensils that have been used with kitniyot.

7. The restriction on kitniyot only applies to foods that are primarily made up of kitniyot. Food products that contain less than fifty percent kitniyot AND in which the kitniyot are not recognizable, like soft drinks that contain corn syrup, are permitted even for Ashkenazim on Pesah.

8. Sephardim who are accustomed not to eat kitniyot during Pesah may discontinue their custom if they want to. Ideally, they should ‘annul’ the custom before a Jewish court (bet din).

9. Nowadays, Sephardim who eat kitniyot such as rice that are packaged commercially are not obligated to check them for traces of hametz because the companies that prepare these products have already purified them. However, if one happens to find a grain of hametz mixed in with rice, it must be removed. If one has already cooked the rice, consult a Rabbi about how to proceed (many factors are involved).

10. Sephardim are permitted to eat ‘egg matza’ on Pesah, provided that it is prepared under proper supervision. Ashkenazim only allow egg matza for the sick and elderly who cannot digest regular matza.

11. Some authorities permit both kitniyot and egg matza even for Ashkenazim on Erev Pesah.

12. Items that are not edible, such as shoe polish, aluminum foil, glue, cosmetics, toiletries, shampoos and medicines do not need to be kosher for Pesah (or in general), because they are not foods. Pet food, however, must be kosher for Pesah, because it is considered an edible item.

13. The prohibition of eating hametz will begin on the eve of Pesah – Monday, March 29th - in Rockville, Maryland at 11:08 AM this year (in NYC, 10:56 AM). The prohibition to possess, sell or otherwise benefit from hametz will begin at 12:11 PM (in NYC, 11:59 AM).

בדיקת חמץ- The Search for Hametz

1. On the night before Pesah begins – this year, Sunday, March 28th - every Jew is required to search their property for any hametz. The search should be a genuine, serious inspection for hametz, not a ritualistic walk through the house with a feather and a candle.

2. The search for hametz should begin twenty minutes after sunset or as soon as possible thereafter.

3. Before the search, we recite the appropriate beracha (found either in the Haggada or Pesah prayerbook) and proceed to inspect all areas that we may have brought hametz into during the year. This includes our homes, cars, offices, coat pockets, etc.

4. A flashlight should be used during the search so that one can inspect all of the necessary areas with sufficient lighting.

5. There is no need for ‘spring cleaning’ during the search for hametz. One should concentrate on finding substantial pieces of hametz (like a cookie or pretzel) rather than sweeping up crumbs. If there is extra time, removing even smaller bits of hametz is an enhancement of the mitzvah.

6. After the search for hametz, one should gather all the hametz one intends to save for dinner or breakfast and keep it in one place.

7. When the search for hametz is concluded, one must say the nullification of hametz (‘bittul hametz’) formula found in the Haggada or Mahazor. The nullification statement is repeated in a slightly different form in the morning, right after one destroys or eats the last of one’s hametz.

8. If one is going away for the holiday before the night of the search but is leaving less than a month before Pesah one must conduct a proper search for hametz without a beracha on the last night that one is still home. One should recite the nighttime ‘bittul hametz’ formula immediately after the search, but should wait until erev Pesah to make the daytime “bittul” statement.

ערב פסח - The Eve of Pesah

1. On the eve of Pesah – this year, Monday, March 29th - it is prohibited to eat matza, so that the matza eaten at the seder will be special. Egg matza is permitted for Sephardim as well as for those Ashkenazim who are lenient in this matter on Erev Pesah.

2. It is customary that every firstborn male fasts on the eve of Pesah. The fast may be broken if one attends a ‘Siyum Masechet’, a celebration held when somebody completes the study of an entire tractate of the Talmud.

3. Where possible, first born females should attend the Siyum as well, since many authorities maintain that they are also obligated to fast.

4. One is not permitted to begin work projects that are very involved after midday on Erev Pesah so that one can fully devote one’s energy to preparing for the seder.

5. Beginning about two and a half hours before sunset on Erev Pesah, one is not permitted to eat the equivalent of a meal (even of egg matza), so that he/she will be hungry enough to enjoy dining at the seder. Snacks of fruits and vegetables are permitted.

ערוב תבשילין - Eruv Tavshilin

1. On Yom Tov, it is prohibited to make preparations for any other day. Therefore, When Yom Tov falls on a Friday we are required to create an Eruv Tavshilin in order to permit us to prepare for Shabbat. The Eruv must be prepared before the holiday begins.

2. The Eruv Tavshilin is made by taking a cooked dish (like a hard boiled egg) and a piece of matza and then reciting the beracha and declaration written in the machzor or haggada.

3. It is preferable to recite the Eruv declaration in a language that one understands.

4. When Yom Tov falls out on a Thursday and Friday, preparations for Shabbat may only be made on Friday, despite the fact that the Eruv was created on Wednesday.

5. When preparing for Shabbat on Yom Tov, one should complete one’s preparations early in the afternoon so that it is not obvious that one is using Yom Tov to prepare for Shabbat.

6. It is customary to eat the Eruv Tavshilin at Seudah Shelishit on Shabbat.

הכשר כלים - Kashering Vessels

1. Many people keep separate sets of cookware and utensils for Pesah use. If, however, one wishes to use one’s year-round kitchenware for Pesah, it must first undergo a process of ‘kashering’. In order to avoid complications, it is best to complete this process before hametz becomes prohibited (i.e., before 11:08 AM on March 29th this year).

2. Only metal, stone, wood and plastic vessels can be kashered. Items made from earthenware, such as china, cannot be kashered.

3. Sephardim do not require any kashering for glass and Pyrex vessels and are permitted to use them after a thorough cleaning. Ashkenazim treat these items like earthenware and prohibit their use for Pesah unless they have been used exclusively with cold food.

4. The method used to kasher an item is always based on the way in which the item is used. A vessel that is used for cooking liquidy substances, such as a pot, should be kashered by boiling water in it and then dropping a hot rock or hot piece of metal into it so that it boils over on all sides. Utensils such as soup ladles and carving knives that are placed directly into hot pots are kashered by completely submerging them in a pot filled with boiling water. Serving platters and strainers that have food poured onto them from hot pots are generally kashered in this way as well.

5. After kashering a vessel with boiling water, it is customary to rinse the item off with cold water.

6. Customs differ with regard to kashering vessels that are used for eating hot food but have no direct contact with hot cookware (for example, forks, spoons, knives, etc.) Sephardim may kasher these utensils by cleaning them thoroughly and then running them through a regular cycle in a kosher-for-Pesah dishwasher. Ashkenazim require all vessels that come into contact with hot food to be kashered through placement in a pot of boiling hot water.

7. According to Ashkenazic practice, a vessel must be left unused for 24 hours before being purged with boiling water for Pesah use. Sephardim are only required to observe this stringency in two cases: (1) when kashering a microwave and (2) when kashering meat and dairy vessels together in the same vat. However, it is meritorious for Sephardim to follow the stringent practice in all cases if possible.

8. Before a vessel can be kashered with boiling water, it must be totally clean. When cleaning a vessel to prepare it for kashering, one may come across food substances that adhere to it and cannot be removed. In such cases, simply apply a caustic cleaner such as bleach or detergent to the substance in order to render it inedible.

9. A vessel upon which dry food is directly placed to cook, like a grill or baking pan, should be kashered by cleaning it carefully and then heating it until it is red hot (libun). This is the most intense form of kashering, and vessels kashered in this way do not need to be left unused for 24 hours beforehand.

10. Vessels used for cold food only, such as goblets for Kiddush or cups used for cold drinks, need only to be rinsed with water and are permitted for Pesah use.

11. According to Sephardim, if a vessel is used in different ways at different times, the method of kashering that is applied will follow the primary usage. For example, if a pot normally used for cooking liquidy foods were used for dry cooking once or twice, it would still be kashered by boiling water inside. Similarly, if a fork normally used for eating was used to stir a pot over the fire a couple of times, it could still be kashered by a run through the dishwasher. However, if the vessel was used in a more intense way than usual during the past 24 hours, the more intense method of kashering must be applied.

12. Ashkenazim always kasher based on the most intense way that the vessel has been used with food, even if it has been used that way only once. Therefore, in the two cases mentioned in Law #11, the pot would need to be heated until red hot and the fork would need to be placed in a pot of boiling water.

13. If one carefully cleans one’s oven racks and covers all food placed in the oven with single sheets of tin foil, there is no need to kasher the oven because there is no way for food cooked in the oven to absorb hametz from it.

14. If one does decide to kasher an oven, self-cleaning is perfectly acceptable. If one’s oven does not have a self-cleaning option, one should carefully clean the racks and walls of the oven and then - after leaving it unused for 24 hours - place the oven on its highest temperature setting for one hour.

15. For Sephardim, the grates on which pots are placed on a gas or electric stovetop need only to be spotlessly cleaned to be kosher for Pesah. As an added measure of stringency, some Sephardim also place them into a pot of boiling hot water.

16. After cleaning the grates, Ashkenazim are required to heat them to the temperature at which a tissue that touched them would ignite.

17. Sephardim may kasher dishwashers, regardless of the material they are made of, by leaving them unused for 24 hours and then running them (without dishes inside) through at least one complete cycle with detergent. Ideally, for Ashkenazim, three complete dishwasher cycles should be run (only one needs to include detergent). The racks do not need to be changed.

18. For Sephardim, sinks, countertops and tabletops require nothing more than a careful cleaning to be kosher for Pesah (however, please be sure to consult Law #20.) Some Sephardim are stringent with sinks and, in addition to cleaning them, pour boiling hot water over them

19. Ashkenazim are advised not to use their sinks, countertops or tabletops without kashering them first. They should either (1) not use these items with anything hot for 24 hours and then pour boiling water over them OR (2) simply clean and then cover them.

20. If a sink, countertop, tabletop or stove grate is known to have had contact with hot hametz during the past 24 hours, then Sephardim are required to kasher them according to the same standards as Ashkenazim.

21. Dish sponges and toothbrushes should be cleaned thoroughly with hot water or replaced for the holiday.

22. A microwave can be kashered by leaving it over for 24 hours, cleaning the inside thoroughly and then heating a dish of water in the microwave until it is filled with steam.

23. Refrigerators and cabinets need only to be wiped down with water to be kosher for Pesah. Dish strainers on which clean dishes are placed to dry do not require any kashering at all.

24. If one is not planning on using a particular vessel or appliance for Pesah, it does not require any kashering. Non-Pesah vessels should be cleaned and put away, preferably in a cabinet that is taped up or locked.

ליל הסדר - The Seder Night

1. One may not begin the Pesah Seder until at least 45 minutes after sunset.

2. Men, women and children are obligated to fulfill all the mitzvot of the night. It is especially important for children to have the Haggada explained to them.

3. The custom of Sephardim is to use red wine for the Four Cups, even if superior white wine is available. The custom of Ashkenazim is to use red wine unless a superior white wine is available.

4. The minimum amount of wine that must be contained in each of the four cups is approximately 3 fluid ounces. One must drink more than half of each cup (about 1.6 fl. oz.) to fulfill the mitzvah.

5. Almost any vegetable may be used for karpas, provided that its blessing is bore peri ha-adama. One should make sure that any vegetables eaten at the Seder (and all year round) have been carefully inspected for bugs.

6. It is preferable to use handmade matza shemura for the Seder. However, machine-made shemura is also acceptable.

7. It is ideal to use Romaine lettuce for Maror.

8. Everyone participating in the Seder is required to lean to the left when drinking any of the four cups or eating the matza, korech, or the afikoman. If a man forgot to lean while performing one of the mitzvot he must go back and redo it. Women may be lenient and need not repeat the mitzvah.

9. Sephardim recite the beracha of Borei Pri Hagefen only on the first and third cups. Ashkenazim say a beracha on all four cups.

10. The most essential part of the Haggada is “Rabban Gamliel Haya Omer”, in which the special mitzvot of the night are explained.

11. The minimum amount of matza that must be eaten for each mitzva is a little more than one third of a medium size handmade matza. However, for motzi matza on the first night, one should eat at least half of a handmade matza.The minimum amount of maror one must eat for each mitzvah is approximately 28 grams.

12. One should make every effort to complete the entire Seder, including Hallel, before “midnight” (in Rockville this year, 1:14 AM; in NYC, 1:01 AM). If this is not possible, one should at least eat the afikoman before this time.

Laws of Pesah 5769

2009-03-27T14:04:00.000-04:00

Back by popular demand, and simplified quite a bit this time. You can download the PDF Version or read it below. The original footnoted version can also be made available upon request (if you would like a copy, email me, and please be patient!).

קיצור הלכות פסח
Essential Laws of Pesah by Rabbi J. Maroof

איסור החמץ - The Prohibition of Hametz

1. On Pesah we are not permitted to eat or to possess any hametz. This includes any food product that contains one of the five grains (wheat, barley, oats, rye or spelt) or one of their many derivatives, unless it has been properly supervised for Pesah use.

2. In addition to the prohibition of eating and possessing hametz, the Torah prohibits us to benefit from it in any way. Therefore, we may not sell it, present it as a gift or feed it to any animals on Pesah.

3. Containers of condiments and spreads like butter, cream cheese and fruit preserves that have been opened and used with hametz should be thrown out and new ones purchased for Pesah.

4. Since spices, oils and other additives are sometimes poured directly into a pot over the fire and may have absorbed hametz from its steam, one should purchase new, unopened ones for Pesah. However, the old ones do not need to be thrown out or sold, just put away.

5. The prohibition of hametz also requires us to treat all of the pots, pans, utensils and other cookware that have been used with hametz as non-Kosher for Pesah use.

6. In addition to the restriction on eating actual hametz, Ashkenazim also refrain from eating kitniyot (‘legumes’, such as rice, corn, and beans) during Pesah. However, they are permitted to possess kitniyot and may utilize pots, pans, dishes and utensils that have been used with kitniyot.

7. The restriction on kitniyot only applies to foods that are primarily made up of kitniyot. Food products that contain less than fifty percent kitniyot AND in which the kitniyot are not recognizable, like soft drinks that contain corn syrup, are permitted even for Ashkenazim on Pesah.

8. Sephardim who are accustomed not to eat kitniyot during Pesah may discontinue their custom if they want to. Ideally, they should ‘annul’ the custom before a Jewish court (bet din).

9. Nowadays, Sephardim who eat kitniyot such as rice that are packaged commercially are not obligated to check them for traces of hametz because the companies that prepare these products have already purified them. However, if one happens to find a grain of hametz mixed in with rice, it must be removed. If one has already cooked the rice, consult a Rabbi about how to proceed (many factors are involved).

10. Sephardim are permitted to eat ‘egg matza’ on Pesah, provided that it is prepared under proper supervision. Ashkenazim only allow egg matza for the sick and elderly who cannot digest regular matza.

11. Some authorities permit both kitniyot and egg matza even for Ashkenazim on Erev Pesah.

12. Items that are not edible, such as shoe polish, aluminum foil, glue, cosmetics, toiletries, shampoos and medicines do not need to be kosher for Pesah (or in general), because they are not foods. Pet food, however, must be kosher for Pesah, because it is considered an edible item.

13. The prohibition of eating hametz will begin on the eve of Pesah – Wednesday, April 8th - in Rockville, Maryland at 11:01 AM this year (in NYC, 10:48 AM). The prohibition to possess, sell or otherwise benefit from hametz will begin at 12:06 PM (in NYC, 11:53 AM).

בדיקת חמץ- The Search for Hametz

1. On the night before Pesah begins – this year, Tuesday, April 7th - every Jew is required to search their property for any hametz. The search should be a genuine, serious inspection for hametz, not a ritualistic walk through the house with a feather and a candle.

2. The search for hametz should begin twenty minutes after sunset or as soon as possible thereafter.

3. Before the search, we recite the appropriate beracha (found either in the Haggada or Pesah prayerbook) and proceed to inspect all areas that we may have brought hametz into during the year. This includes our homes, cars, offices, coat pockets, etc.

4. A flashlight should be used during the search so that one can inspect all of the necessary areas with sufficient lighting.

5. There is no need for ‘spring cleaning’ during the search for hametz. One should concentrate on finding substantial pieces of hametz (like a cookie or pretzel) rather than sweeping up crumbs. If there is extra time, removing even smaller bits of hametz is an enhancement of the mitzvah.

6. After the search for hametz, one should gather all the hametz one intends to save for dinner or breakfast and keep it in one place.

7. When the search for hametz is concluded, one must say the nullification of hametz (‘bittul hametz’) formula found in the Haggada or Mahazor. The nullification statement is repeated in a slightly different form in the morning, right after one destroys or eats the last of one’s hametz.

8. If one is going away for the holiday before the night of the search but is leaving less than a month before Pesah one must conduct a proper search for hametz without a beracha on the last night that one is still home. One should recite the nighttime ‘bittul hametz’ formula immediately after the search, but should wait until erev Pesah to make the daytime “bittul” statement.

ערב פסח - The Eve of Pesah

1. On the eve of Pesah – this year, Wednesday, April 8th - it is prohibited to eat matza, so that the matza eaten at the seder will be special. Egg matza is permitted for Sephardim as well as for those Ashkenazim who are lenient in this matter on Erev Pesah.

2. It is customary that every firstborn male fasts on the eve of Pesah. The fast may be broken if one attends a ‘Siyum Masechet’, a celebration held when somebody completes the study of an entire tractate of the Talmud.

3. Where possible, first born females should attend the Siyum as well, since many authorities maintain that they are also obligated to fast.

4. One is not permitted to begin work projects that are very involved after midday on Erev Pesah so that one can fully devote one’s energy to preparing for the seder.

5. Beginning about two and a half hours before sunset on Erev Pesah, one is not permitted to eat the equivalent of a meal (even of egg matza), so that he/she will be hungry enough to enjoy dining at the seder. Snacks of fruits and vegetables are permitted.

ערוב תבשילין - Eruv Tavshilin

1. On Yom Tov, it is prohibited to make preparations for any other day. Therefore, When Yom Tov falls on a Friday we are required to create an Eruv Tavshilin in order to permit us to prepare for Shabbat. The Eruv must be prepared before the holiday begins.

2. The Eruv Tavshilin is made by taking a cooked dish (like a hard boiled egg) and a piece of matza and then reciting the beracha and declaration written in the machzor or haggada.

3. It is preferable to recite the Eruv declaration in a language that one understands.

4. When Yom Tov falls out on a Thursday and Friday, preparations for Shabbat may only be made on Friday, despite the fact that the Eruv was created on Wednesday.

5. When preparing for Shabbat on Yom Tov, one should complete one’s preparations early in the afternoon so that it is not obvious that one is using Yom Tov to prepare for Shabbat.

6. It is customary to eat the Eruv Tavshilin at Seudah Shelishit on Shabbat.

הכשר כלים -Kashering Vessels

1. Many people keep separate sets of cookware and utensils for Pesah use. If, however, one wishes to use one’s year-round kitchenware for Pesah, it must first undergo a process of ‘kashering’. In order to avoid complications, it is best to complete this process before hametz becomes prohibited (i.e., before 11:01 AM on April 8th this year).

2. Only metal, stone, wood and plastic vessels can be kashered. Items made from earthenware, such as china, cannot be kashered.

3. Sephardim do not require any kashering for glass and Pyrex vessels and are permitted to use them after a thorough cleaning. Ashkenazim treat these items like earthenware and prohibit their use for Pesah unless they have been used exclusively with cold food.

4. The method used to kasher an item is always based on the way in which the item is used. A vessel that is used for cooking liquidy substances, such as a pot, should be kashered by boiling water in it and then dropping a hot rock or hot piece of metal into it so that it boils over on all sides. Utensils such as soup ladles and carving knives that are placed directly into hot pots are kashered by completely submerging them in a pot filled with boiling water. Serving platters and strainers that have food poured onto them from hot pots are generally kashered in this way as well.

5. After kashering a vessel with boiling water, it is customary to rinse the item off with cold water.

6. Customs differ with regard to kashering vessels that are used for eating hot food but have no direct contact with hot cookware (for example, forks, spoons, knives, etc.) Sephardim may kasher these utensils by cleaning them thoroughly and then running them through a regular cycle in a kosher-for-Pesah dishwasher. Ashkenazim require all vessels that come into contact with hot food to be kashered through placement in a pot of boiling hot water.

7. According to Ashkenazic practice, a vessel must be left unused for 24 hours before being purged with boiling water for Pesah use. Sephardim are only required to observe this stringency in two cases: (1) when kashering a microwave and (2) when kashering meat and dairy vessels together in the same vat. However, it is meritorious for Sephardim to follow the stringent practice in all cases if possible.

8. Before a vessel can be kashered with boiling water, it must be totally clean. When cleaning a vessel to prepare it for kashering, one may come across food substances that adhere to it and cannot be removed. In such cases, simply apply a caustic cleaner such as bleach or detergent to the substance in order to render it inedible.

9. A vessel upon which dry food is directly placed to cook, like a grill or baking pan, should be kashered by cleaning it carefully and then heating it until it is red hot (libun). This is the most intense form of kashering, and vessels kashered in this way do not need to be left unused for 24 hours beforehand.

10. Vessels used for cold food only, such as goblets for Kiddush or cups used for cold drinks, need only to be rinsed with water and are permitted for Pesah use.

11. According to Sephardim, if a vessel is used in different ways at different times, the method of kashering that is applied will follow the primary usage. For example, if a pot normally used for cooking liquidy foods were used for dry cooking once or twice, it would still be kashered by boiling water inside. Similarly, if a fork normally used for eating was used to stir a pot over the fire a couple of times, it could still be kashered by a run through the dishwasher. However, if the vessel was used in a more intense way than usual during the past 24 hours, the more intense method of kashering must be applied.

12. Ashkenazim always kasher based on the most intense way that the vessel has been used with food, even if it has been used that way only once. Therefore, in the two cases mentioned in Law #11, the pot would need to be heated until red hot and the fork would need to be placed in a pot of boiling water.

13. If one carefully cleans one’s oven racks and covers all food placed in the oven with single sheets of tin foil, there is no need to kasher the oven because there is no way for food cooked in the oven to absorb hametz from it.

14. If one does decide to kasher an oven, self-cleaning is perfectly acceptable. If one’s oven does not have a self-cleaning option, one should carefully clean the racks and walls of the oven and then - after leaving it unused for 24 hours - place the oven on its highest temperature setting for one hour.

15. For Sephardim, the grates on which pots are placed on a gas or electric stovetop need only to be spotlessly cleaned to be kosher for Pesah. As an added measure of stringency, some Sephardim also place them into a pot of boiling hot water.

16. After cleaning the grates, Ashkenazim are required to heat them to the temperature at which a tissue that touched them would ignite.

17. Sephardim may kasher dishwashers, regardless of the material they are made of, by leaving them unused for 24 hours and then running them (without dishes inside) through at least one complete cycle with detergent. Ideally, for Ashkenazim, three complete dishwasher cycles should be run (only one needs to include detergent). The racks do not need to be changed.

18. For Sephardim, sinks, countertops and tabletops require nothing more than a careful cleaning to be kosher for Pesah (however, please be sure to consult Law #20.) Some Sephardim are stringent with sinks and, in addition to cleaning them, pour boiling hot water over them

19. Ashkenazim are advised not to use their sinks, countertops or tabletops without kashering them first. They should either (1) not use these items with anything hot for 24 hours and then pour boiling water over them OR (2) simply clean and then cover them.

20. If a sink, countertop, tabletop or stove grate is known to have had contact with hot hametz during the past 24 hours, then Sephardim are required to kasher them according to the same standards as Ashkenazim.

21. Dish sponges and toothbrushes should be cleaned thoroughly with hot water or replaced for the holiday.

22. A microwave can be kashered by leaving it over for 24 hours, cleaning the inside thoroughly and then heating a dish of water in the microwave until it is filled with steam.

23. Refrigerators and cabinets need only to be wiped down with water to be kosher for Pesah. Dish strainers on which clean dishes are placed to dry do not require any kashering at all.

24. If one is not planning on using a particular vessel or appliance for Pesah, it does not require any kashering. Non-Pesah vessels should be cleaned and put away, preferably in a cabinet that is taped up or locked.

ליל הסדר - The Seder Night

1. One may not begin the Pesah Seder until at least 45 minutes after sunset.

2. Men, women and children are obligated to fulfill all the mitzvot of the night. It is especially important for children to have the Haggada explained to them.

3. The custom of Sephardim is to use red wine for the Four Cups, even if superior white wine is available. The custom of Ashkenazim is to use red wine unless a superior white wine is available.

4. The minimum amount of wine that must be contained in each of the four cups is approximately 3 fluid ounces. One must drink more than half of each cup (about 1.6 fl. oz.) to fulfill the mitzvah.

5. Almost any vegetable may be used for karpas, provided that its blessing is bore peri ha-adama. One should make sure that any vegetables eaten at the Seder (and all year round) have been carefully inspected for bugs.

6. It is preferable to use handmade matza shemura for the Seder. However, machine-made shemura is also acceptable.

7. It is ideal to use Romaine lettuce for Maror.

8. Everyone participating in the Seder is required to lean to the left when drinking any of the four cups or eating the matza, korech, or the afikoman. If a man forgot to lean while performing one of the mitzvot he must go back and redo it. Women may be lenient and need not repeat the mitzvah.

9. Sephardim recite the beracha of Borei Pri Hagefen only on the first and third cups. Ashkenazim say a beracha on all four cups.

10. The most essential part of the Haggada is “Rabban Gamliel Haya Omer”, in which the special mitzvot of the night are explained.

11. The minimum amount of matza that must be eaten for each mitzva is a little more than one third of a medium size handmade matza. However, for motzi matza on the first night, one should eat at least half of a handmade matza.The minimum amount of maror one must eat for each mitzvah is approximately 28 grams.

12. One should make every effort to complete the entire Seder, including Hallel, before “midnight” (in Rockville this year, 1:11 AM; in NYC, 12:58 AM). If this is not possible, one should at least eat the afikoman before this time.

Can Women Issue Halakhic Rulings?

2009-03-13T14:07:00.005-04:00

I was recently asked to respond to the question of whether a woman who is knowledgeable in Torah Law may issue rulings on matters of halakha. My answer, in brief, is contained in this post; I apologize in advance for my uncharacteristic use of Hebrew letters and terminology, I have not had a chance to translate the relevant "lingo" from the original document into English just yet.

(Incidentally, you can read the entire paper, complete with footnotes, here.)

There is a paucity of classical source material addressing the question of whether qualified women can render halakhic decisions, i.e., give הוראה. However, what material does exist is uniformly and clearly in support of the permissibility of women being halakhic decisors (מורות הוראה). For example, the ספר החינוך in פרשת שמיני מצוה קנ"ח writes that the prohibition of giving הוראה while intoxicated applies both to men and to women who are qualified to rule on halakhic issues.

Furthermore, the ברכי יוסף, written by the renowned sage מרן החיד"א and cited approvingly in פתחי תשובה חו"מ סימן ז' ס"ק ה states unequivocally that, although women are not permitted to serve as judges on a rabbinical court, a knowledgeable woman may issue decisions on matters of halakha. Former Sephardic Chief Rabbi of Israel, Harav Eliyahu Bakshi-Doron, concurs with this view in his responsa שו"ת בנין אב as did one of his most illustrious predecessors, Harav Ben-Zion Meir Hai Uziel in both משפטי עוזיאל and פסקי עוזיאל.

The פתחי תשובה points out that this distinction is, in principle, made by the ספר החינוך as well, inasmuch as he states that women are forbidden from serving as judges but nevertheless allows for the possibility of legitimate מורות הוראה who would be required to observe the mitzvah prohibiting them from engaging in halakhic decision-making while under the influence of alcohol.

As the פ"ת mentions, this approach is also supported by תוספות in מסכת נדה דף נ, who argue that, even if Devorah was not permitted to serve as the official judge of the Jewish people, she must at least have instructed the judges in the proper interpretation of the law - i.e., been מורה הוראה to them.

This dichotomy, however, appears problematic. Why should a woman be entitled to render halakhic decisions yet be barred from serving as a judge? In order to understand the answer, we must clarify the fundamental difference between the concepts of הוראה and פסיקת דין and the legal mechanisms by which they operate.

The literal meaning of הוראה is teaching or instruction; indeed, the words הוראה and תורה share the same Hebrew root. Specifically,הוראה refers to the application of the abstract principles of Torah Law to the concrete particulars of life. In essence, then, הוראה is nothing more than a by-product of intensive Torah study. When one develops a thorough and comprehensive theoretical knowledge of an area of Jewish law, and applies that knowledge to the practical exigencies of life, one is basically engaging in הוראה.

This is not to say that all Torah study is created equal. On the contrary, the validity of any הוראה will be a function of the quality of the research and analysis that produced it. Not all explanations are correct, not all interpretations are valid, and not all conclusions are warranted. Even the most distinguished and scholarly Yeshiva students, Rabbis, men and women are subject to occasional error, flaws in reasoning, forgetfulness and bias. As the רמ"א explains in ש"ע יו"ד in סימן רמ"ב סעיף י"ד, both halakha and tradition dictate that one may not rely upon - or encourage others to rely upon - the conclusions that emerge from one’s personal analysis of the Law until one has received explicit permission to do so from one’s teacher. This restriction, similar to secular ‘quality control’ laws that require doctors, lawyers, etc., to receive an accredited education and be licensed before practicing in their fields, prevents students who are insufficiently prepared from adhering to or disseminating their own incorrect rulings prematurely.

Be that as it may, the fact remains that the goal of all learning is to bring the practical implications of Torah to bear upon our lives; therefore, we can safely assert - at least in theory - that every well-executed, sincere and genuine act of תלמוד תורה has the potential to culminate in some kind of הוראה, whether it is a הוראה to oneself or a הוראה to someone else. The essential point here is that the core of any given act of הוראה is the process of Torah study upon which it is based and from which it emerges, and that this process is equally accessible to competent men and to competent women.

Judgment, or פסיקת דין , on the other hand, derives its validity not from the process that produces it but from the stature of the one who issues it. Judgment is, by its very nature, an act of governance (שררה) and an exercise of personal authoritative leadership rather than the outgrowth of a specific act of תלמוד תורה. In this sense, serving as a judge is more akin to receiving the original form of semikha that was conferred from Rabbi to student from the days of Moshe Rabbenu until persecutions led to its discontinuation during the Talmudic period. The quality of being a מוסמך or a בעל המסורה inheres in the recipient, endowing his person with unique legal authority (שררה) and his decisions with legitimacy and binding force.

In the framework of פסיקת דין, then, the legal decisions of the individual are manifestations of the special status with which he is vested and take effect by virtue of that status alone. Since today we lack the authentic Sinaitic ordination, a lone judge cannot arrogate to himself the level of authority once possessed by a יחיד מומחה המוסמך; it is instead granted to the collective of three judges who convene a בית דין. Once the בית דין rules on a case, this ruling cannot be reversed unless a manifest error in the proceedings is discovered. This is because the binding nature of the decision is intrinsic, enshrined by the authority of the team of judges and not contingent upon any other factor.3

Granting a woman this form of political authority, or שררה, is what most Rishonim find objectionable about the prospect of allowing women to serve as judges. Prohibiting women from holding positions of שררה ensures that they remain free from communal obligation so that they can dedicate themselves to maintaining the integrity and sanctity of the Jewish family which was placed in their care by הקב"ה.

We can now understand why women may indeed be מורות הוראה but may not, according to most opinions, hold official positions of שררה such as judgeships. Women are capable of engaging in the study of Torah at high levels and their theories and conclusions deserve to be accorded the same respect and weight as those of their male counterparts. As long as their process of Torah study is legitimate, the הוראות that organically emerge from it are, by definition, legitimate as well. The validity or binding force of a given halakhic conclusion is not contingent upon the political station of its proponent but upon the research and analysis that generated it; espousing such a conclusion neither necessitates nor entails שררה.

In summary, the act of הוראה is essentially an act of learning or teaching and is not a manifestation of an individual’s political authority or שררה at all. Therefore, a competent, knowledgeable and God fearing woman who receives the requisite permission from her teachers is entitled to be מורה הוראה.

Women's Issues

2009-03-03T14:22:00.001-05:00

On the heels of Hakham Ovadiah Yosef's recent espousal of liberal views regarding women and Megillah - novel to some but not intrinsically newsworthy since he has been quite candid about his position on these issues for many, many years already - comes an article on the question of the ordination of women as Orthodox Rabbis.

For many years I have planned to write a paper on this very subject including a systematic review and analysis of the relevant halakhic sources (there are a limited number but their implications are quite fascinating). The appearance of this news item has reawakened my interest in doing so in the near future. Perhaps the blogosphere is the ideal venue for its publication, one installment as a time. To be continued, I suppose...

Tefillin, Prayer and Gelatin

2008-12-25T15:33:00.004-05:00

Question:

Hello Rabbi Maroof-

I was looking at your blog, and I wanted to ask you a couple of questions, whether through the blog, or through email both are the same to me, but I didn't know exactly how to post it to the blog...

1.- Removing Tefillin for the Restroom - When we remove the Tefillin to use the restrooms, do we remove it in any specific way? (such as we would when removing them for putting them away)

2.- Praying Shacharit after the latest time for Shacharit (and before Chatzot) - My understanding about praying Shacharit was that one is allowed to pray Shacharit up until Chatzot. Recently I heard in a recorded Shiur that when one prays Shacharit after the latest time for Shacharit (Sof Zman Tefilah) and before Chatzot, then one doesn't mention Hashem's name in the Berachot of Shema. What's the Halacha Lemaase? Furthermore, if one is allowed to pray Shacharit up until Chatzot, then what exactly does that mean? -> Should one finish before Chatzot? Should one start before Chatzot? I understand than to avoid all this the best is to pray as early as possible, yet sometimes, it's not always easy or possible...

3.- Gelatin - I recently read an article (http://en.wikipedia.org/wiki/Kosher_foods#Gelatin) about gelatin which 'claims' that Rab Ovadia Yosef categorizes it as parve due to its chemical process and change. Is the article accurate? If yes, does that mean we could potentially eat any gelatin?

Thank you so much Rabbi, and warm regards,
Daniel

Answer:

Dear Daniel,

1. You remove them the same way you would to put them away.

2. After Sof Zeman Tefillah (the last time for morning prayers), the Amidah (silent devotion) can still be recited but not the blessings on the Shema or the blessings on Pesuqei Dezimra (i.e., Baruch Sheamar/Yishtabach). The Amidah should be finished, at least the majority of it, before Hatzot (halakhic midday).

3. This attribution is correct, Hacham Ovadiah states this unequivocally in a Teshuva in his responsa Yabia Omer (in the eighth volume), and he is by no means alone in this assessment.

So gelatin is indeed OK at least for Sephardim who abide by the rulings of Hacham Ovadiah.

Best Regards,

Rabbi Maroof

Sephardic Wedding Customs

2008-12-25T15:29:00.002-05:00

Question:

Hi

I am sefardi (persian) however I grew up in a primarily ashkenazik community. What are the halachot as well as minhagim for sefardim as pertaining to weddings (perhaps as a contrast to askenazic halachot/minhagim)?

Thank You,

David

Answer:

This seemingly simple question requires a rather complex response. There are several key distinctions between Ashkenazic and Sephardic practices in this regard.

Essentially there are eight differences:

1) There is no "badeqen", or veiling of the bride that is practiced in Ashkenazic circles.

2) We (Sephardim) do not have a "tish" before the wedding. We do not sign "tannaim". Many Sephardic Rabbanim actually perform the ketubah signing under the Huppah as part of the ceremony.

3) The text of the ketubah should be prepared according to Sephardic tradition rather than Ashkenazic wording.

4) The woman does not circle around the man when she arrives under the Huppah. Instead, she stops a few feet before the Huppah, her parents move on, and the groom comes out to walk together with her back under the Huppah.

5) The man puts on a brand new tallit under the Huppah and recites Sheheyanu (and Lehitatef betsitsit if it is daytime).

6) The Tallit is held over the heads of the bride and groom during the recitation of the Sheva Berachot

7) The text of the wedding Berachot is slightly different, using a Sephardic Siddur would solve that problem.

8) Many Sephardim do not practice "yihud", seclusion of the bride and groom after the ceremony. For this you should consult with a local Sephardic rabbi. I know within the Syrian communities there are differences in custom. Rav Ovadyah Yosef is against the seclusion. But some do it anyway.

9) We have much better food - Ghormeh Sabzi, Berengh, Tadigh, etc. :)

Off the top of my head, these are the basic differences. If you have any further questions, please feel free to ask.

Best Regards,

Rabbi Maroof

Hanukkah or Yahrzeit?

2008-12-25T15:17:00.004-05:00

Question:

My mother's yahrzeit is next Friday, the fifth day of Hanukkah.  At minha I
seem to have two choices:

To pray before the amud at a minyan that will take place after we have lit the
candles at home,  OR

To pray earlier in a minyan, but not to be the shliah tzibbur.

Which alternative is preferable?


Answer:

If I understand correctly, your conflict is as follows:
On one hand, the recommended procedure
throughout Hanukkah, and particularly on
Friday afternoon, is to pray the Minha Service
prior to lighting Hanukkah candles.

However, this would require you to forgo the
custom of serving as prayer leader on the
anniversary of a parent's death (Yahrzeit).
You are wondering which priority should take
precedence here. 

This is somewhat of a judgment call,
since neither of these considerations is
strictly halakhic. You are weighing the
relative importance of two recommended
practices.

Thus, whatever choice you make, you are
still within the parameters of legitimate
halakhic observance.

I believe that praying minha earlier and
thus lighting Hanukkah candles at the ideal
time would be the preferred practice in
this case. Leading the prayers on a
yahrzheit is a custom that was introduced
into Judaism much later (the original
version was simply reciting kaddish, and
before that, simply fasting - though not on
Hanukkah, of course) that should not
trump the more established and intuitive
 principle of lighting Hanukkah candles after minha.

Best Regards,

Rabbi Maroof

Making Music on Shabbat

2008-12-25T15:12:00.003-05:00

Question:

Shalom Rabbi,

I am wondering why it isn't okay to use a drum or any other musical instrument on Shabbat if groups like Chabad and other Chassidim say the ban against this doesn't really apply today because nobody makes their own instruments now. They use this line of argument to justify clapping and dancing, but what about using a small hand drum or something similar which one (and most) has no idea how to create or fix if broken?

thanks,

Andrew H.

Answer:

Dear Andrew,

After reading my response, I would encourage you to address this question to someone who believes the ban on clapping and dancing is no longer applicable. You are correct in observing that this position seems inconsistent because it still upholds the prohibition on musical instruments despite the fact that some of them should be treated in the same way as hand clapping. It would be interesting to see how proponents of the Chassidic view explain their stance.

As you may know, most halakhic scholars disagree with the Chassidic practice and maintain that we don't have the ability to discount Rabbinic legislation simply because its original intent has become partially obsolete.

In this case in particular, the reality is that many musicians do indeed regularly and habitually tune their instruments, especially string players, so the prohibition makes perfect sense. (It is tuning, by the way, and not fashioning instruments, that is the reason for the rabbinic enactment - tuning an instrument is Biblically prohibited on Shabbat because it constitutes repairing or restoring the functionality of a vessel).

Distinguishing between different forms of instruments, hand clapping, etc., on a case by case basis is generally avoided in halakha because it becomes confusing and the average person is generally not well versed in the subtleties of the principles involved.

Best Regards,

Rabbi Maroof

Blowing Shofar After Rosh Hashana

2008-10-03T13:09:00.003-04:00

Question:

Dear Rabbi Maroof,

May the Shofar be sounded on any days between Rosh Hashana and Yom Kippur?
If not, where is that written and what is the reason?

Thanks,

Scott M.

Answer:

Dear Scott,

Sounding the Shofar between Rosh Hashana and Yom Kippur is not halakhically problematic. The only time it is prohibited is on the day before Rosh Hashana. This is in order to make a clear distinction between the blowing of the Shofar on the holiday, which is done in fulfillment of a Biblical obligation, and the blowing of the Shofar practiced during the preceding month of Elul, which is only a widespread custom.

It is also prohibited to blow the Shofar on Shabbat because this would constitute playing a musical instrument which is not allowed then.

Shana Tova,

Rabbi Maroof

How To Evaluate A Rabbi

2008-07-25T10:34:00.003-04:00

Question:

Hi Rabbi,

I am looking for resources about how to evaluate our Rabbi's performance for our synagogue. It is time for her performance review.

Steve

Answer:

Dear Steve,

I am not an expert in the professional evaluation of rabbis per se. But I can offer a few suggestions based upon my understanding of the role of a rabbi in a congregation and from personal experience.

As I see it, the objective of an evaluation should be to provide the rabbi with a better understanding of aspects of the job that the board believes are being carried out well and those aspects that require additional attention and fine-tuning. It should be an instrument of communication between the board and the rabbi that clarifies their common goals, vision and partnership - not an opportunity to criticize or complain to the rabbi on behalf of a small number of outspoken, disgruntled members. Otherwise, rather than strengthen and focus the rabbi, it will be a demoralizing and counterproductive exercise.

The most fundamental aspect of a rabbi's qualification for leadership is knowledge of Judaism. Does the rabbi exhibit a fluency and expertise in the Torah and Rabbinic Literature? This can be a difficult question for a committee of laypersons to answer since they usually don't have the extensive background in Jewish studies that would enable them to pass judgment on their rabbi in this respect. However, they can approach the issue fairly and reasonably by considering questions like the following:

What are the Rabbi's formal academic credentials, in terms of Jewish and secular studies?

Does the Rabbi seem to have a ready answer to basic queries that are posed by congregants?

Is the Rabbi comfortable interacting with Jewish texts in their original languages and drawing from ancient and modern commentaries to elucidate their meaning and clarify their relevance for our lives?

Most importantly, in my view - does the Rabbi love Jewish learning passionately and continue to engage in it regularly for its own sake? If not, how is the congregation expected to fall in love with it and want to support and perpetuate it?

The next issue to be explored is that of character. This is somewhat easier for the average person to evaluate, although we should be cautious in this regard as well. One congregant who feels neglected or slighted by the rabbi may interpret the actions of that rabbi in a consistently negative light, and generate lots of "bad karma" in the congregation.

Upstanding rabbis deserve the benefit of the doubt and the presumption that they act with the best interests of their constituents, not to mention their understanding of Torah values, in mind. I would recommend being wary of the potential biases that may crop up in this respect. Focus on issues like the following:

Does the Rabbi greet people personally, warmly and enthusiastically?

Is the Rabbi kindhearted and sensitive, taking the necessary time to address personal and communal concerns with full attention?

Does the Rabbi know how to help congregants deal with emotionally difficult situations, such as bereavement, separation, divorce, etc., with tact, tenderness and fairness?

Does the Rabbi reach out to assist such people out of genuine empathy, or is an air of distance maintained?

Does the Rabbi exhibit honesty and integrity in all aspects of life, personal, intellectual and professional? Is the Rabbi a good role model - would I want my child to emulate such an individual?

Does the Rabbi remain calm and cool under pressure, dealing even with difficult congregants without getting flustered or losing control?

Details about how Rabbis manage time, what portion of their schedule is devoted to teaching, program development, outreach, counseling, visiting the sick, etc., are very much dependent upon the specific needs of your community, to which I am not privy. However, from a general pragmatic standpoint, these elements should all be incorporated into the Rabbi's agenda to some extent or another.

Overall, ensuring that the Rabbi is available to, and serving the needs of, every cohort in your community - young and old, sick and well, one-time-a-year attendees and daily service participants, married and single - is vital to congregational stability and growth. Is the Rabbi introducing new and innovative programs to address each of these groups? Are any of them being unduly neglected, and, if so, what can be done to correct this? Does your demographic need to be expanded in any particular way? What can the Rabbi do to contribute to this process?

Bear in mind that a Rabbi is often expected to be all things to all people, and it is inevitable that some members of your congregation will be dissatisfied with some aspect of your Rabbi's performance. Rabbis are also human beings with feelings and needs that ought to be respected. They are on call 24 hours a day, seven days a week, and even the most dedicated and charismatic rabbis need to enjoy lives of their own as well. Otherwise, their job satisfaction will decline and their enthusiasm for the profession will dissipate. It is important to think about the fact that an unhappy and stressed-out rabbi is of little use to any synagogue, and may not stick around for the long haul if less stressful opportunities become available.

Although all rabbis have areas in which they can and should be expected to improve, there are limits on the demands a synagogue can reasonably make of its rabbi, and these should be carefully considered in the context of the evaluation. An evaluation that is based upon unrealistic standards will be off-putting and depressing for your rabbi, and will not achieve the intended goal of more effective and inspiring congregational leadership.

I hope you find this general outline of talking points to be helpful. If I can be of any further assistance, please feel free to email me a follow-up message.

Best Regards,

Rabbi Maroof

Nehamat Yaaqov 5768

2008-07-22T09:46:00.003-04:00

I am proud to present an updated and revised version of Nehamat Yaaqov, a compendium of the essential laws of the Three Weeks and Tisha B'av, for the year 5768. It can be downloaded in PDF form by clicking here. I have reproduced the laws below, without the aspects of formatting that are incompatible with Blogger.

נחמת יעקב - קיצור הלכות בין המצרים
Essential Laws of The Three Weeks and Tisha B’av
by Rabbi J. Maroof
מוקדש לזכר נשמת חמותי היקרה
יהודית בת שמואל ע“ה
ת. נ. צ. ב. ה.

שבעה עשר בתמוז - The Seventeenth of Tammuz

1. Each year we observe a period of mourning for the destruction of the Temple. We begin on the Seventeenth day of the Hebrew month of Tammuz with a day of fasting and prayer. This year, the fast falls out on Sunday, July 20, 2008.

2. The fast of the 17th of Tammuz begins at astronomical dawn and continues until nightfall. Sephardim conclude this and all other minor fasts twenty minutes after sundown, whereas Ashkenazim conclude anywhere from thirty to fifty minutes after sundown. This year, the fast will begin in Rockville on Sunday morning at 4:47AM and will conclude (for Sephardim) at 8:50 PM.

3. It is preferable not to launder clothing, wear freshly laundered clothing or bathe in warm water during the daytime on the Seventeenth of Tammuz. However, it is permitted to brush one’s teeth with toothpaste or use mouthwash.

4. From the Seventeenth of Tammuz through the Ninth day of the month of Av, it is customary to avoid reciting the blessing of Shehecheyanu on new fruits, clothing, etc.

5. It is the custom of Ashkenazim to avoid shaving, taking haircuts, cutting fingernails, and celebrating weddings beginning with the 17th day of Tammuz. If necessary for business purposes, shaving is permitted until the first day of Av. In particularly dire circumstances, it may be permitted up through the Friday before Tisha B’av. In such cases, a competent Rabbi should be consulted.

6. It is meritorious to avoid listening to most forms of music (with the exception of classical and some religious music) throughout the year as a sign of mourning for the destruction of the Temple. However, if one is lenient in this regard most of the time, one should try to be more careful about it during this period.

תשעת הימים ושבוע שחל בו - The Nine Days

1. The first nine days of the month of Av are known as the “Nine Days”, a period of time during which our mourning for the Temple’s destruction intensifies. Beginning with the first day of Av, Sephardim join Ashkenazim in not permitting any celebrations, such as weddings or engagement parties, until the conclusion of the mourning period.

2. It is customary to refrain from eating meat and drinking wine during the Nine Days. Sephardim do not start observing this restriction until the second day of Av (i.e., the night after Rosh Hodesh Av.) Ashkenazim abstain from meat and wine on Rosh Hodesh as well. This year, Rosh Hodesh Av falls out on Shabbat, August 2nd.

3. Ashkenazic custom prohibits drinking wine during the Nine Days even for a mitzvah, such as reciting Havdala or Birkat Hamazon. Sephardim only apply the prohibition to drinking that is done for personal enjoyment. All agree that the restriction on meat and wine is not observed on Shabbat.

4. The Saturday night prior to Tisha B’av marks the beginning of a time period known as the “Week of Tisha B’av”. At this point, the mourning observances are further intensified and remain this way until the conclusion of the fast.

5. Throughout the Week of Tisha B’av, it is prohibited to shave or take a haircut. (As mentioned above, Ashkenazic custom is to avoid shaving, haircuts and cutting fingernails for the entire “Three Weeks” period.)

6. One may not launder clothing (even for someone else) or wear freshly laundered clothing during the Week of Tisha B’av. This restriction extends to linens, towels, etc. During this period, a non-Jew may not be asked to launder clothing on a Jew’s behalf.

7. One is not permitted to bathe with hot water (i.e., for enjoyment) during the Week of Tisha B’av. Rinsing off with cold water or to remove actual dirt is permitted.

8. One may not produce or purchase new garments during this time period, even if one does not plan on using them until after Tisha B’av.

9. The custom of Ashkenazim is to extend the “Week of Tisha B’av” and observe its restrictions - not laundering, wearing fresh clothing, bathing for pleasure, or making/buying new garments - for the entire “Nine Days” period.

10. This year, since Tisha B’av falls out on Sunday, Sephardim only observe the “Week of Tisha B’av” restrictions on Tisha B’av itself. However, the restrictions of the “Nine Days” - not eating meat, drinking wine, engaging in celebration, etc. - are observed as usual.

ערב תשעה באב - The Eve of the Ninth of Av

1. On the eve of Tisha B’av after midday, it is preferable only to study Torah subjects that are permitted on fast itself. However, if one cannot focus his or her mind on such topics and will end up neglecting Torah study altogether, it is better to be lenient and study the topic of one’s choice.

2. After the Mincha service on the eve of the Tisha B’av, a meal known as the Seuda Hamafseket is usually held in preparation for the fast. This year, however, since Tisha B’av begins on Saturday night, the laws regarding Seuda Hamafseket are not observed. Seudah Shelisheet is eaten in the normal manner but must be concluded before sunset.

תשעה באב - Tisha B’av

1. All Jews are obligated to fast on Tisha B’av, even pregnant and nursing women. A woman who has recently (within thirty days) given birth to a child is exempt from the fast. If a person becomes ill from fasting on Tisha B’av, he need not complete the fast.

2. This year, Tisha B’av will begin on Saturday night, August 9th at sundown and will end at nightfall on Sunday, August 10th. As mentioned above, depending on one’s custom, one may conclude the fast anytime from 25-50 minutes after sundown on Sunday.

(Because the fast begins this year on Saturday night, we do not recite Havdalah in the normal manner. Instead, the blessing on fire is recited in the synagogue after evening services, and the remainder of havdalah is postponed until Sunday night. )

3. Five pleasurable activities are prohibited on the Ninth of Av:

(1) Eating and drinking
(2) Anointing one’ body with oil or perfume
(3) Washing, including brushing teeth and using mouthwash
(4) Wearing leather shoes, and
(5) Engaging in marital relations.

4. On Tisha B’av, one may only study subjects that are directly related to the destruction of the Temple or to Divine punishment, such as the Book of Eicha, the Book of Iyov, the sections of the Prophetic books and the Talmud that deal with the destruction of the Temple, or the laws of mourning.

5. One is not permitted to inquire about the well being of others on Tisha B’av. This would include greeting friends, asking them how they are doing and otherwise engaging in “small talk” about personal concerns. Answering the phone with “hello” is not considered greeting and is permitted.

6. One is prohibited to work on the night of Tisha B’av. During the day, work is permitted after the recitation of Kinnot. According to some authorities, one must wait until midday before becoming involved in any work. In any case, working at any time on Tisha B’av is strongly discouraged and, if possible, work should be completely avoided during the fast.

7. During the recitation of Kinnot in the synagogue, it is customary to sit on the ground or on a low stool or pillow. Many people refrain from sitting on a regular chair on Tisha B’av from sundown until midday, even in their own homes.

8. Since leather shoes are not worn on Tisha B’av, the blessing of “She-asa Li Kol Tzorki” should be omitted at Shacharit.

9. One may wash one’s hands in the morning with a blessing, but the water may only be poured over the fingertips (up to the first joint of the fingers). This form of washing is also permitted - and, if one plans to pray, recite a blessing, or study Torah, it is required - after one has used the bathroom.

10. One who has actually become dirty may wash the dirt off normally.

11. The custom of the majority of Jews is not to wear a Tallit or Tefillin during Shacharit on Tisha B’av. They are worn at Mincha instead. (However, the custom of some Sephardim in Israel is to wear the Tallit and Tefillin at Shacharit as usual.)

עשרה באב - The Tenth of Av

1. It is customary to recite Kiddush Levana on the night following Tisha B’av. This year, since Tisha B’av begins on Saturday night, Havdalah is postponed until after the fast and is recited on Sunday night without spices (besamim) or a candle.

2. Sephardim should not consume meat or wine until the 11th day of Av, i.e., until Monday night August 11th this year. Ashkenazim only observe this restriction until midday of the 10th of Av.

3. Upon the conclusion of the fast, Sephardim are permitted to launder clothing, shave, take haircuts, and bathe (even with hot water). Ashkenazim refrain from these activities until midday of the tenth of Av. When Tisha B’av falls out on a Thursday, even Ashkenazim permit laundering clothes, shaving and taking haircuts immediately after the fast so that preparations can be made for Shabbat.

Cooking on Shabbat

2008-07-03T10:35:00.002-04:00

QUESTION:

Dear Rabbi Maroof,

Hopefully you can answer these questions before this Shabbat.

1) In our home, we use an electric Shabbat warming plate to keep food warm; recently, I was reading about hatmanah and it only confused me. Please tell me if the following is halachically correct -- here's what we usually do: on top of the electric plate we place a pot with water -- this pot is covered with the lid inverted so that on top of it we can place a pot with food (this way the pot with food doesn't get too hot overnight). The pot containing the food is covered with a lid as well. Are we violating the laws of hatmanah by covering either pot with a lid?

2) My understanding is that dry, solid items can be reheated on Shabbat. Does rice fall into this category? I've heard contradicting opinions about this. Usually, we put the rice in the refrigerator Friday night and take it out again on Saturday morning to reheat it on the electric plate. Part "B" of this question would be, should we be concerned about the water droplets that form in the rice pot when take out of the fridge and then we reheat it in the hot plate? Is this considered reheating a liquid?

3) Can baked plantains be reheated on the plate? They are solid, but when baked in foil, they look soggy.

Thank you for your time!

Joseph

ANSWER:

Dear Joseph,

1) This is no problem. The restrictions on Hatmana, or insulating, only apply when the pot is entirely surrounded by insulating material. Covering the top of a pot would not be included in this prohibition.

2) Rice can be taken out of the refrigerator on Shabbat morning and placed on an electric hotplate for warming. If condensation has created water droplets in the pot, one should either dry them or move the rice to a dry container for reheating.

3) Just for clarity's sake, let me explain that the reason that reheating liquid is treated more stringently than reheating solids is the following: When we cook a solid for the first time, we affect a real change in the substance of the food. Even after the food item cools off, it remains permanently transformed by virtue of the cooking process to which it was subjected. Subsequent reheating of the dish, which merely raises the temperature of the food but has no other significant impact on its quality, is clearly differentiated from the act of cooking and is therefore permissible under certain conditions.

On the other hand, the only difference between, for example, cooked and uncooked water, is the temperature of the water. If I cook water and then it cools, it has reverted to its original state. Reheating it is identical to cooking it for the first time. Therefore, reheating liquids is not permitted on Shabbat - it would be tantamount to cooking liquids.

Some foods have a soggier quality than others when cooked or reheated. However, as long as they are solids, these foods can be reheated on Shabbat without compunction.

Best Regards,

Rabbi Maroof

Idolatry in a Restaurant?

2007-07-27T15:54:00.000-04:00

Q: Rabbi Maroof,

I was recently on a business trip, and while I found the city to be very nice etc., I am a bit concerned. I visited an Asian Restaurant, not owned by Jews, (Under the local Rabbis) There seemed to be active idolatry taking place. There was a statue of Buddha, where they had placed a large bowl of oranges and burning incense right in the entrance to the place. At the end of the meal I was served oranges (Possibly ones that were previously in front of Buddha)

Is this place considered a "Bais Avodah Zorah" ? And can a Jew eat there?

Mark C.

A: Dear Mark,

It is prohibited to eat or otherwise benefit from any food that was presented as an offering to an idol. So, if the oranges in question were indeed utilized in an idolatrous ritual before they were served to you (or if they were somehow consecrated to be used as such) they would not be permitted for consumption.

However, the mere fact that idolatrous activity may be taking place in a section of the restaurant does not necessarily mean that it is prohibited to enter the building and/or eat kosher food that is prepared or sold there. This is because the restaurant is not primarily designated for idolatrous worship, and so is not classified as a "House of Idolatry".

Whatever the case may be, I would suggest that you contact the local Orthodox rabbinate immediately to inform them of your concerns.

I am confident that the rabbis will conduct a thorough investigation into the goings-on at the restaurant and will take action to remedy the situation if need be.

Best Regards,

Rabbi Maroof

Nehamat Yaaqov - Laws of the Three Weeks

2007-07-03T09:02:00.001-04:00

I am proud to present Nehamat Yaaqov, a concise guide to the laws of the Three Weeks and Tisha B'av. It is dedicated to the memory of my dear mother-in-law, Yehudit Bat Shmuel A"H.

Please feel free to email me any questions or comments you may have regarding the text.

As an aside, I realize that many readers are waiting for responses to queries they have submitted. I apologize for the delays. Rest assured that new content will be posted on this blog in the very near future.

Baby Naming

2007-05-15T16:28:00.000-04:00

Please remember to vote for my blog, Vesom Sechel, in the JIB Finals for Best Torah Blog!!!

A couple recently contacted me via email to ask me for help in preparing for their daugher's upcoming baby naming.

When my own daughter, Zehara Yehudit, was born, I found myself dissatisfied with the standard text for a girl's naming (we Sephardim call it a Zeved Habat.) In general, when called upon to name a newborn girl in my current synagogue, I freely amend the phraseology in the Siddur that I find objectionable. I followed the same practice when I served the Sephardic community in Riverdale, NY. There is nothing problematic about this, since the format of a baby naming is a matter of custom and not Jewish law.

I am certain that the lackluster and, in my opinion, blatantly sexist wording of the traditional Zeved Habat prayer reflects the general preference Jewish people (especially Sephardim) have for boys. Not to mention the fact that the birth of a male child is always followed by a Berit Millah and is therefore perceived by the community as a more significant event than the birth of a female.

As a result, just over two years ago, I took it upon myself to compose a prayer that is based on traditional sources but is more consistent with my personal view of the spiritual significance of the birth of a new daughter. I hope the thoughts and sentiments it contains resonate with my readership as well.

To download the Zeved Habat prayer, click here. Feedback will be much appreciated.

Introductory Guide to the Jewish Wedding and the Laws of Family Purity

2007-04-27T16:23:00.000-04:00

I am proud to present a new guide to the laws of marriage and family purity, entitled "Shoshanat Yaaqov: A Guide to the Jewish Wedding and Family Purity in Light of the Fundamentals of Jewish Thought."

In addition to practical halachic guidelines, Shoshanat Yaaqov presents a philosophical framework through which one can better appreciate the meaning and significance of these important laws.

Since it is not yet fully edited, I would very much appreciate your feedback, constructive criticism, etc.

You can download a PDF version of the work here.

Shabbat Shalom!

JIB Awards Nomination

2007-04-23T18:56:00.000-04:00

It just came to my attention that my other blog, Vesom Sechel, has been nominated for "Best Torah Blog" on the JIB Awards Site (Group C).

I am honored to have been nominated, especially in view of the fact that my communal obligations have prevented me from posting on a regular basis for the past couple of months.

Of course, I plan to resume a more predictable posting schedule in the very near future.

Thank you to my readership for your kind support.

Guide to the Laws of Passover

2007-03-29T09:36:00.000-04:00

My yearly guide to the Essential Laws of Passover is now available online in PDF format. You can download a copy by clicking here.

If you are interested in receiving a version of the guide that includes extensive Hebrew footnotes and sources, please email me and I will gladly forward you a copy.

Dairy, Meat and Hebrew

2007-03-18T10:38:00.000-04:00

Q: Dear Rabbi,

Thanks for answering my question last week. My next questions for you are 1) What is our tradition regarding waiting after eating dairy before eating meat? Must we simply clean our mouths thoroughly, or do we have a waiting period, like Chabad? 2) Also, what do you think of the ultra-ancient Hebrew text? (http://www.ancient-hebrew.org/6_chart.html) Why isn't the Torah written in the earliest, ultra-ancient script, as shown in the chart? Is there anything special and holy about these particularly old Hebrew letters, as there is with the ones commonly known today?

Sincerely,

Michael N.

A: Dear Michael,

1) Our (Sephardic) custom is that meat can be eaten immediately after dairy. However, when we do this, we are required to first chew something pareve (such as a cracker or piece of bread) and then rinse our mouths out with water.

2) The Talmud discusses this issue at length in Masechet Sanhedrin. In Rabbinic parlance, the more ancient script is referred to as "Ketav Ivri" and the later form of writing is called "Ketav Ashurit". In the Gemara, the Rabbis debate the precise status of each of these scripts.

According to one view, the Torah was always written in "Ketav Ashurit", which was reserved for holy purposes; Ketav Ivri was the mundane, colloquial form of writing used for non-sacred matters.

Another opinion holds that the Torah was originally transcribed in Ketav Ashurit. After the sin of the Golden Calf, the script was temporarily changed to Ketav Ivri. Eventually, Ketav Ashurit was reinstated as the official form of sacred script.

A third view (which generally corresponds to the modern scholarly perspective) maintains that the Torah was originally given in Ketav Ivri, but that Ezra changed this upon the return of the Jews to the Land of Israel. Nachmanides explains that this change was one of many that Ezra initiated in order to commemorate the end of the Babylonian Exile (another example is the use of Babylonian names for the months of the year).

All agree that Ketav Ivri may no longer be used for sacred articles such as Torah Scrolls, Megillot, Tefillin or Mezuzot. In fact, if any of these were to be written in Ketav Ivri (or any script other than Ashurit, for that matter) they would not be considered halachically valid.

Best Regards,

Rabbi Maroof

Hair Covering

2007-03-15T10:57:00.000-04:00

Q: Hi,

I came across your blog while browsing online. What is the halacha regarding married women covering their hair, with respect to fully or partially? Also is that Deorisa (Biblical) or Medarabanan (Rabbinical)?

Thank You,

David

A: Dear David,

Your question touches upon a complex area of Jewish law. I will attempt to survey and summarize the basic issues in this area very briefly. As you will see, this topic is subject to a great deal of analysis and discussion in Jewish literature.

The Talmud in Tractate Ketubot states that married Jewish women may not appear in public with their hair uncovered. This prohibition is described as a Biblical law and a verse from the Torah is cited to substantiate it.

Two levels of obligatory hair covering are then delineated: complete and partial covering, respectively. Partial coverage of the hair fulfills the more basic standard of "Dat Moshe", or the "Law of Moses". This level is the one that the Rabbis say is alluded to in the Bible.

Complete coverage of the hair, though not mentioned in the Torah, is still necessary in order to satisfy the requirements of "Dat Yehudit", or "conduct deemed proper for a Jewish woman."

(I am leaving the definitions of "complete" and "partial" deliberately vague because they are a subject of scholarly debate, as we will see below.)

The vast majority of halachic decisors take the Talmud in Ketubot literally and maintain that a married woman who goes out with her hair totally exposed is violating a Biblical prohibition (Dat Moshe). On the other hand, the requirement to cover hair completely is only Rabbinical (Dat Yehudit).

By contrast, there is a small minority of scholars who interpret the Talmud differently. They argue that, while there is a Biblical allusion to the practice of married women covering their hair, the prohibition itself actually has the status of Rabbinic Law. According to this view, the term "Dat Moshe" means a law promulgated by Moses, but not necessarily a law he received on Sinai. These scholars maintain that the higher standard of "Dat Yehudit" is a matter of authoritative and binding Jewish custom rather than some kind of formal Rabbinic legislation.

To summarize, then, we have two levels of haircovering: "Dat Moshe" and "Dat Yehudit". Both are obligatory, although the statuses of the respective obligations differ. In order to observe this halacha, however, we must clarify two parameters: what constitutes full coverage of hair, and what is considered "public"?

With regard to the question of complete coverage, there are two basic approaches. One interprets the term literally and concludes that a married woman cannot have more than a tefah (handsbreadth, approximately 3-4 inches) of her hair exposed in public at any time.

The other approach posits that "completeness" with reference to hair covering should be no different than "completeness" in other areas of Jewish law. Generally speaking, we have a principle in halacha that rubo k'chulo, the majority of something is legally equivalent to its entirety. Based upon this concept, some hold that as long as a woman has the majority of her hair covered, we treat it as if she had all of her hair covered.

What constitutes "public" is also a matter of scholarly debate. Some suggest that anytime a woman is in the presence of three men who are not her immediate relatives, this is legally regarded as being "in public".

Others, basing themselves on the simple reading of the Talmud, interpret "public" and "private" in terms of the political or social status of a particular location. According to this viewpoint, a place of residence is always considered private, no matter how many people are currently visiting it. And a mall or shopping center is always regarded as public, even if, at this moment, it is empty.

Many contemporary authorities go so far as to rule that a married woman may never have her hair uncovered in front of a man who is not her husband or a member of her immediate family. This, however, is a matter of middat hasidut, admirable or especially pious conduct, and is not legally mandated.

Now that we have reviewed the basic issues involved in this area of Jewish law, we can consider its practical implications. All agree that some form of complete coverage of hair is required whenever a married woman is in public.

With regard to the definition of complete coverage, the majority of scholars maintain that no more than a tefah (3-4 inches) should be exposed. This is the view that should be followed in practice.

However, when it comes to the precise definition of "public", the rabbinic consensus is far from clear. Based on the sources, it seems most reasonable to conclude that the distinction between "public" and "private" is determined by the nature of the location in question. Therefore, in a private residence, a married woman is not required to have her hair covered, even if she has several guests visiting.

Best Regards,

Rabbi Maroof

Polyester Tsitsit

2007-02-05T12:31:00.000-05:00

Q: Dear Rabbi,

My minhag is Edot ha Mizrach (Iraqi descent). What do you think about 100% Polyester Mesh Arba Canfot (or what about if they are only partially made of polyester?)? And do they need to be Menupitz Lishmo Tzitzits (regardless of the material of the garment)?

Regards,

Michael N.

A: Dear Michael,

According to all opinions, it is preferable to use a 100% wool garment to fulfill the mitsvah of wearing tsitsit. In fact, in the view of the Rambam and the Shulhan Aruch - the bases of Sephardic halachic tradition - garments made of materials other than wool or linen are only obligated in tsitsit on a rabbinical level. This means that, for us, wearing polyester tsitsit will not be considered a fulfillment of the Biblical mitsvah. However, if there is no four-cornered woolen garment available, then garments with tsitsit made of other fabrics are certainly acceptable.

The threads of the tsitsit must be prepared for the sake of the mitsvah. This requirement applies equally to all tsitsit, regardless of the material out of which they are made.

Best Regards,

Rabbi Maroof

Laws of Shaving

2007-01-01T22:41:00.000-05:00

Q: Hello Rav,

I was curious, what was the precedent in various Sephardic communities for both shaving and pay'ot? It would seem that only the Yemenites have had a custom of very long side-curls; others I have seen photographs in which even Rabbi's have been clean-shaven, and seemingly at a time before the electric razor. How was this done, and what halakhic precautions were or were not adhered to? Are there differences between the shaving restrictions for different minhagim?

Best,
Isaac

A: Dear Isaac,

The Torah commands us not to "destroy the corners of our beards" and instructs the Kohanim that "the corners of their beards shall not be shaved." Similarly, the Torah teaches that "you shall not round off the edge of your scalps."

The Talmud explains that the two verses regarding shaving actually complement one another. Taken together, they reflect a single legal formula - namely, that one may not shave the corners of the beard in a way that is considered "destroying", i.e., with a smooth razor blade. The use of scissors, however, is permissible.

One question debated in the early commentaries is the precise location of the "corners of the beard." Because of the variety of opinions on that subject, later authorities prohibited shaving any part of the face with a razor. Here is where the tremendous benefit of electric razors comes in.

In the olden days, men who were clean shaven typically used dipilatory creams to achieve that look. This involves no prohibition because it is not considered shaving. Similarly, one may shave the neck area with a regular razor because we are certain that no part of the neck is one of the "corners of the beard" that the Torah describes.

With regard to the prohibition of rounding the edges of the scalp, the Torah makes no distinction between the use of scissors, dipilatory creams and razors - all are prohibited. In other words, unlike the prohibition of shaving in which the method used to remove the hair is of paramount importance, the prohibition of rounding the scalp exists irrespective of the process of hair removal that is used; it is the result that counts, not the process. This means that while the beard can go (by permitted means) the sideburns must remain intact no matter what.

In some communities, the custom developed to allow peyot (sidecurls) to grow in fulfillment of the requirement not to remove the sideburns. Technically speaking, however, as long as the length of the sideburns extends to the cheekbones, they are halachically acceptable.

Incidentally, these commandments apply to men only. Women are not required to observe these laws at all.

Best Regards,

Rabbi Maroof

Whisky and Wine

2006-12-26T11:29:00.000-05:00

Q: Kvod HaRav,

Is single malt scotch whisky finished in wine casks kosher? Glenmoranige lists one of their single malts with this description: "Finished in Sherry butts after an initial maturation in ex-bourbon casks." No wine is added to the whisky, it only sits in casks that used to hold non-kosher wine.
If I am not mistaken yayin nesech is batel b'shesh. Obviously any wine left in the cask walls would be less than one in six. Do we hold by this and say the whisky is kosher or does ta'am k'ikar trump here and make the whisky non-kosher?

Kol tuv,
Aric K.

A: Dear Aric,

Your basic assumption is correct. The only caveat is that we must calculate based upon the dimensions of the cask itself and not our estimation of how much wine its walls absorbed. We treat the entirety of the cask as if it is non-kosher wine. Now, if we know for sure that the total volume of the casks is less than one sixth of the volume of the whisky that is finished in them, then that whisky is kosher.

By definition, the fact that we use the measurement "one sixth" rather than "one sixtieth" means that we are not concerned with taam k'iqar here. In other words, the possible or actual presence of wine flavor in the whisky would be irrelevant in this case.

Best Regards,

Rabbi Maroof

UPDATE: A good friend informed me via email that I overlooked an important halacha in the Shulhan Aruch that addresses this case. In reality, even if the volume of the casks is greater than one-sixth of the whisky inside, the whisky remains permissible. This is because of a special leniency regarding non-kosher wine - the halacha is that the absorbed wine taste is automatically nullified by any non-wine beverage that is placed in the non-kosher wine vessels. The one-sixth ratio is only necessary when actual non-kosher wine becomes mixed into a kosher beverage.

Direction During Prayer

2006-12-07T12:18:00.000-05:00

Q: Rabbi Maroof,

Here in North America, the shortest distance from NY to Jerusalem follows a great circle (http://en.wikipedia.org/wiki/Great_circle) which is an arc which starts its bearing at NE and eventually becomes SE. Therefore maybe we should face northeast. On the other hand the rhumb line ( http://en.wikipedia.org/wiki/Rhumb_line) has a constant bearing of SE. What is the definition of the halacha for where we are to face during davening?

Abraham B.

A: Dear Abraham,

The Aruch Hashulchan addresses this question and explains that the halacha does not require us to be precise when it comes to facing Jerusalem during prayer. As long as the general direction "East" is accurate, we need not be concerned with nuances of Northeast and Southeast - all variations are equally acceptable.

Best Regards,

Rabbi Maroof

Moment Magazine on "The Birds and The Bees"

2006-12-07T12:11:00.000-05:00

As part of its bimonthly "Ask the Rabbis" feature, Moment Magazine asked me to respond to the question "When and how should Jewish parents talk to their children about sex?" My answer appears in the December 2006 issue of Moment and can be found here.

Singing Verses of Tanach

2006-11-01T08:46:00.000-05:00

Hi,

I took voice lessons for a year and a half many years ago and I plan on going back to take more lessons in order to become a chazzan. Many times I have sung at chupahs. I know that it is forbidden to sing pesukim (verses of Tanach). However, at many weddings people want the person singing at the chupah to sing Im Eschacheych etc. but I have never sung it because of my concern that it may be forbidden. Is a person allowed to sing these words at a chupah since its forbidden to sing pesukim?

Thank you,

Elazar

Dear Elazar,

In his responsum Yoreh Deah (II):142, Rabbi Moshe Feinstein discusses the prohibition of singing verses from Tanach. It is based upon a statement in the Talmud that suggests that using words of Torah as lyrics for a song is inappropriate and disrespectful to their sanctity.

However, at the end of his letter, Rabbi Feinstein indicates that the prohibition of singing verses of Tanach applies only when it is done for frivolous enjoyment ("l'zimra ulis-chok"). In cases where there the singing serves to highlight the meaning of the words for educational and/or other constructive purposes, it may not be problematic.

We can corroborate this interpretation from another angle. Rabbi Feinstein applies the restriction on singing to the Oral Torah as well. This means that we are not allowed to sing blessings, Talmudic passages, etc. Yet, the Talmud criticizes a person who is "Shoneh Belo Zimra", i.e., who studies without singing, since chanting the words we are learning helps us to remember them. It is clear, then, that this prohibition is only relevant in situations where the singing is frivolous, and where the verses are being "used" to enhance the singing. When, on the other hand, the singing is done to intensify our focus on the verses, it is permitted.

It is difficult to see how the recitation of "Im Eshkachech" at a wedding, which is done to help us recall the destruction of the Holy Temple, could possibly be construed as frivolous song. If anything, it is a solemn tribute which is further enhanced through the use of melody.

Much success in your pursuit of a career in Hazzanut!

Best Regards,

Rabbi Maroof

Drums on Shabbat

2006-10-31T11:06:00.000-05:00

I am asking this question for my son, who is 20 years old, a soldier in the Israeli army and also – a drummer. He wants to know if he can play the drums on Shabbat – and if this is forbidden, the reasons why it is not allowed. Why this is any different than tapping one's fingers to a nigun sung at the Shabbat table? He adds that he can put special pads on the drums so that the sound is almost nil.

Thank you so much,
Mrs. Levy

Dear Mrs. Levy,

According to Halacha, one may not play a musical instrument on Shabbat. The Rabbis prohibited the use of musical instruments because they frequently require tuning. The Rabbis were concerned that people might tune their instruments on Shabbat. Tuning an instrument on Shabbat or Yom Tov is Biblically prohibited because it involves "fixing" or "repairing" a vessel.

As far as I know, concerns about tuning do not apply to a drum in the same way they apply to, say, string instruments. However, the Rabbis did not make any distinction in their broad ruling on this matter, and forbade the use of any and all musical instruments on Shabbat.

In fact, even clapping hands, slapping knees, snapping fingers, dancing and banging on tables are included in the Rabbinic decree. This is discussed explicitly in the Shulhan Aruch, Orah Haim, 338:1-4 and 339:3.

That being said, while not allowed on Shabbat, playing an instrument is a wonderful thing. Please extend my warmest blessings to your son for continued success in developing his musical talent.

Best Regards,

Rabbi Maroof

Communicating with the Dead

2006-10-31T10:49:00.000-05:00

Hello Rabbi Maroof,

Please tell me if it is a wrong thing to be a medium; if I can form a link with a soul from the next world and relay information to the sitter, is that wrong?
Thank you,

David.

Dear David,

In the Book of Deuteronomy, we are told:

There shall not be found among you one who passes his son through the fire; a diviner, an astrologer, one who reads omens or a sorcerer. One who charms animals, one who inquires of Ov or Yideoni, or one who consults the dead. For anyone who does these is an abomination of Hashem; and, because of these abominations, Hashem, your God, banishes the nations from before you.

The Torah clearly prohibits any attempt to communicate with the dead. Maimonides explains the reason for this law:

All of these things are matters of falsehood and lies, and they are the very means through which the idol worshipers fooled the nations of the world into following them. And it is not proper for the Jewish people, who are exceptionally wise, to follow after these vanities, nor to entertain the possibility that they have any benefit...Anyone who believes in these things and things like them, and thinks in his heart that they are true and wise but that the Torah has prohibited them; he is one of the fools and those lacking knowledge... But those who possess wisdom and sound mind know by clear demonstration that all of these things that the Torah prohibits are not things of wisdom; rather, they are emptiness and vanity that fools stray after, and all of the paths of truth have been corrupted because of them. Because of this the Torah states, when it warns us about these vanities, "Perfect shall you be with Hashem, your God."

In other words, we reject these practices because they encourage magical and mystical ways of thinking that contradict the wise paths of our holy Torah. There is no rational basis for them whatsoever.

Those who seek mediums are usually emotionally troubled individuals who have unresolved issues with loved ones who are deceased. Instead of attempting to gain insight into their internal conflicts and resolve them, these people turn to charlatans who offer to help them "reconnect" with their dead relatives - for a price, of course.

The best thing you can do is suggest that these unfortunate human beings seek professional help to deal with their emotional difficulties. This is the healthy, reasonable approach that is advocated by our Torah. Perhaps then they will no longer feel a need to chase after fantasy and will begin to appreciate the value of wisdom.

Best Regards,

Rabbi Maroof

Moment Magazine on Trick-or-Treating

2006-10-20T15:58:00.001-04:00

As part of its bimonthly "Ask the Rabbis" feature, Moment Magazine asked me to respond to the question "should Jewish children Trick-or-Treat?" An edited version of my answer appears in the October 2006 issue of Moment and can be found here. The original response I composed is posted here.

Tefillin at Minha on Fast Days

2006-10-16T14:28:00.000-04:00

Dear Rabbi Maroof,

Why do Sephardic/Mizrahi Jews wear Tefillin at Minha on the Fast of Gedaliah?

Thanks,

I.M.

Dear I.M.,

Many Sephardic communities have the custom of donning Tefillin at the Minha (afternoon) service on all fast days (except, of course, Yom Kippur). This practice is mentioned by Rabbi Yosef Karo in his classic commentary, the Bet Yosef.

Three main reasons are offered for the custom. The first explanation relates to berachot (blessings). We are required to recite a minimum of one hundred blessings a day. A typical daily routine, including blessings on foods, etc., will satisfy this requirement almost "naturally". However, on fast days, the fact that we don't consume any food takes a toll on our "beracha count." Wearing Tefillin at Minha gives us the opportunity to make an additional blessing.

Another explanation of the custom is based upon the laws of Tefillin themselves. Theoretically, Tefillin should be worn all day long on weekdays. This is problematic because wearing Tefillin requires a level of purity of thought and focus that is difficult to attain, let alone to sustain for an entire day of work, school, etc. Therefore, our custom is to wear Tefillin only during the morning service since, even during Minha prayers, we tend to be quite distracted. On Fast Days, though, our abstention from food and drink brings us to a higher level of spiritual awareness. As a result, we are capable of donning Tefillin at Minha time as well.

A third explanation of the custom points to the function of Tefillin as tools that enhance our kavanah (concentration). When we have Tefillin on our arms and heads, we remain more vigilant about the direction of our thoughts and more definite in our sense of purpose. On Fast Days, we wish for our prayers to be of an especially high quality. Therefore, we wear Tefillin at Minha as well as Shaharit, to help us engage our minds even more fully and intensely in the all of the services of the day.

Best Regards,

Rabbi Maroof

New Blog - Vesom Sechel

2006-09-11T15:46:00.000-04:00

Please take some time to visit my new blog, http://vesomsechel.blogspot.com.

"Vesom Sechel" is dedicated to the study of Tanach, especially the weekly Parasha. For the next month or so, posts there will explore aspects of the upcoming Holidays from the perspective of Torah Shebichtav (the Written Torah). It is amazing how much depth one can add to one's understanding of the holidays merely by paying closer attention to the nuances of the Torah's text.

I hope to add a new installment to Vesom Sechel each week, and any feedback you leave in the comments section will be greatly appreciated!

Rabbi Maroof

Evolution and God's Existence

2006-08-29T16:34:00.000-04:00

Q: Hello Rabbi,

Until last night, the idea that life originated by itself without any of Hashem's guidance seemed very unlikly, considering that only to randomly assemble the proteins (enzymes) in a functioning bacterium, from already existing set of amino acids is a 1 in 10^40,000 chance (this is taken from "Origins: A Skeptics guide" by Robert Shapiro). However, my very good and skeptical friends, who would never pass a chance to argue, said that... he agrees with me that this is very unlikly however there is still, as small as it may be, a chance... and since the universe is endless (i agreed with him that the universe is endless), even the least likely things can occur. my question is- what do I tell a person who claims this, and tries to disprove, like you have said: "that the existence of matter and its lawfulness is the result of God's design"?

Thank you very much and Shabbat Shalom!

RS

A: Dear RS,

First of all, I must say that I am impressed with your sincere pursuit of truth. Many people are satisfied with simple faith in God. Others will accept incomplete or flawed answers to their questions in order to avoid facing difficult realities. You, however, seek a solid rational basis to support your beliefs. This is not only an admirable characteristic, it is also a tremendous mitsvah.

Living organisms are remarkably complex entities that certainly appear to be purposefully "designed." The elegance and efficiency of their anatomy and physiology - the intricate systems, from the molecular level upward, that must operate in harmony with one another to sustain even the simplest creature - seem to bear the signature of a Creator. Indeed, the very phenomenon of "life" and the circumstances of its emergence are still poorly understood by scientists, and are ranked among the most tantalizing mysteries of nature. This is probably the reason why philosophers from time immemorial have regarded the "miracle" of life as the most compelling evidence for the existence of a Deity.

We may add that the genesis and evolution of life through a combination of random mutations and natural selection would have required a lot more than one fortuitous accident. The number of "accidents" that would have had to occur is practically incalculable. Consequently, the amount of time that would have been necessary for these accumulated mutations - slowly sifted through via the mechanism of natural selection over countless generations - to bring forth the species as we know them today makes the theory of evolution seem unrealistic, if not incredible. This fact leads many people to the conclusion that Creationism is a more parsimonious solution to the riddle of life than Evolution.

I would have to agree that, from our vantage point, the likelihood is slim that life came into existence by pure chance and then developed into the diverse forms we now observe. It is hard to imagine that the fantastically complicated and highly specific set of preconditions that are necessary for even the most primitive life form to emerge simply fell into place by coincidence, without the involvement of Divine Providence of some sort. It is similarly remarkable that the exact combination of physical conditions and constants that are required to sustain life on our planet "just happen" to be incorporated into the fabric of the cosmos. It is almost as if the Universe were "expecting us." In his book The Rediscovery of Wisdom: From Here to Antiquity in Search of Sophia, Professor David Conway addresses this issue briefly, in the course of an insightful discussion of the Argument from Design. You might also find The God Hypothesis, by Michael Corey, an interesting read.

Nonetheless, it is ultimately a bad idea to try and prove Hashem's existence from the presence of inexplicable and mysterious phenomena in nature. When we do this, we end up positioning ourselves against science and fiercely resisting intellectual progress. The reason for this is clear. If we base our belief in God on the fact that there are still things we are unable to comprehend, then the more things science can rationally explain, the less "room" is left for belief in Hashem. The truth is that matters that are incomprehensible to us today may appear perfectly reasonable in the future in light of new scientific discoveries and intellectual breakthroughs. It would be foolish for us ignore these developments or to go out looking for new "unexplained mysteries" each time science advances further.

For this very reason, in Judaism, we do not depend on the "unexplained" to justify our belief in God. On the contrary, it is precisely the intelligibility, beauty and sheer elegance of the Universe that commands our respect and points to the infinite wisdom of its Creator. The graceful consistency of the natural world, directed by scientific law of the utmost depth and precision, testifies to Hashem's existence more than any "miracle." As King David wrote, "the heavens declare the glory of God, and the firmament recounts His handiwork." The intricate order of creation, with its unfathomable subtlety, reflects a Mind far greater than any of ours. Although physical events may be attributed to mere chance, the exquisitely formulated principles that govern our world cannot possibly have been the result of an accident. The laws of nature clearly emerged from a "Lawgiver" Who crafted the Universe in accordance with them. For more on this and related subjects, you might enjoy reading God and The Astronomers, by Robert Jastrow, or The Mind of God, by Paul Davies.

I would be remiss if I failed to mention one last important point. Scientific evidence of God's existence is extremely valuable, but it remains beyond the grasp of many ordinary people. This is why the Torah provides us with universally accessible "proofs" of Hashem's presence and providence - the Exodus from Egypt and the Revelation at Sinai. These unique events in human history were witnessed and recorded by an entire nation of men, women and children and, as such, could not possibly have been fabricated. Our knowledge of Hashem is firmly established upon the testimony of our ancestors who stood at the foot of Sinai, heard the voice of God, received His Torah and commandments, and transmitted a faithful account of their experiences to their children and grandchildren after them. I have posted briefly on this topic on my other blog, http://vesomsechel.blogspot.com.

Incidentally, I am not in favor of the idea that the Universe is endless. Although it is impossible for us to measure its dimensions at the present time, even something as vast as the Universe is still a physical entity which is by definition finite and thus limited in size. Our minds cannot really handle the concept of infinity anyway, so, in my opinion, trying to utilize it in thinking about the material world can only be counterproductive!

Best wishes for success in your quest for true knowledge of Hashem.

Rabbi Maroof

Chewing Gum

2006-06-16T13:47:00.000-04:00

Q: Dear Rabbi,

Since I am not eating the gum--what difference does it make if the gum is not certified Kosher?

The gum in question is Koolerz watermelon gum made by Hershey foods, but is not certified by anyone. There doesn't seem to be any non-kosher ingredients--but some one said even gum is non-kosher.

But I am not eating it--what's the facts.

Thanks

Yehuda

A: Dear Yehuda,

Gum does need to be kosher, because it contains flavoring that we swallow while chewing it. However, provided that the ingredient label does not suggest the presence of any non-kosher substances, rabbinical supervision would not be necessary.

I am not familiar with the specific brand of gum in question. If I can be of any assistance in evaluating the ingredient list, please feel free to email it to me and I'll be glad to review it. The main ingredient to be on the lookout for is probably grape juice.

Best Regards,

Rabbi Maroof

Indian Foods

2006-06-16T13:19:00.000-04:00

Q: Good Morning Rabbi,

I was curious: I am interested in bringing a particular processed food into my kitchen, which are not supervised under kashrut authorities. However, they are under supervision of Indian national food authorities, which do have accurate labeling for vegetarian food items (denoted by a green dot, whereas foods with animal products have a red dot) as a significant portion of their population has dietary restrictions from eating animal products (Brahmin/priestly caste). Given the existence of an established supervisory body forfood products, is it permissible to bring them into a kosher kitchen? Or, is it considered permissible by some to bring them in to a kosher Sephardic kitchen, such as one that follows such guidances like those of Rabbi Abadi (http://www.kashrut.org, an example, he permits the consumption of certain "gelatin" products as truly non-problematic)?

Thanks,

Tzahi

A: Dear Tzahi,

The answer to your question depends on the reliability of the food classification system in India. If a company would be fined or otherwise penalized for falsely labeling an item "vegetarian", then we may assume that the classifications they assign to their products are accurate. If, on the other hand, there are no consequences attached to such misrepresentation, then there is no basis upon which to trust the labeling process. We would have to be concerned about the possibility that business owners will make fraudulent claims about their foods simply in order to increase their profits.

Even if a product is reliably certified as vegetarian, one would still need to be sure that it contains no grape juice or wine. Grape juice and wine are not kosher unless they have been prepared under rabbinical supervision.

In our country, the halachic reliability of ingredient labels is based upon this very principle; namely, we assume that a company will provide accurate information to the consumer for the purpose of avoiding law suits, fines and liabilities of various kinds. If not for the careful monitoring of the food industry here, we would continue to harbor a healthy skepticism toward the representations made on product labels.

Best Regards,

Rabbi Maroof

Sephardic and Ashkenazic Customs

2006-05-25T10:22:00.000-04:00

Q: Hi Rabbi Maroof,

I was asked to lead at "mincha" after school, which is organized by the Ashkenazi minyan. I did not know whether or not I had to modify certain prayers, or which Kaddish I should have said. Could you please tell me what I can keep Sephardic, and what I have to change to Ashkenazi tradition. Thanks a lot.

A: Dear Friend,

When you serve as the prayer leader, you accept the responsibility to act as a representative of the prayer group. Therefore, any part of the prayer that is "public" and that you recite aloud - such as kaddish, kedusha, etc. - should be performed in accordance with custom of the minyan. Anything you say to yourself privately (like the silent amida) should reflect your own personal custom.

Best Regards,

Rabbi Maroof

Opening Containers on Shabbat

2006-05-22T17:04:00.000-04:00

Q: Rabbi Maroof,

When opening a can of tuna on Shabbat, am I making a keli (new vessel)? Same question for opening a bottle of soda with a plastic twist off cap. Is this a problem?

Steve K.

A: Dear Steve,

With regard to soda bottles, there is no problem at all. The cap is designed to be removed - this is why it has a perforated ring on the bottom.

Tuna cans are more complicated because there is no preexistent "opening." The most common approach to this problem is to puncture the underside of the can prior to opening it; this renders the can unusable and thereby ensures that one is not fashioning a vessel by removing its top. The top of the tuna can itself is definitely not considered a vessel.

Best Regards,

Rabbi Maroof

Torah Authorship

2006-05-11T15:31:00.000-04:00

Q: Rabbi Maroof,

I found your site from one of the local paper's article about it. I really liked what you wrote on your blog, you are very wise and knowlegeable. I have asked the following question to many Rabbi but they never have good answers. I have been bothered by the question of how Moshe could have written the last pesukeem in the Tora. I know there is an argument in the Talmud about whether he or Joshua wrote them but it seems to make more sense to say that Joshua wrote them. I am not bothered by Moshe writing about that he died. I could even imagine him being told in prophecy that the people mourned his death for 30 days just like Aharon and like the halacha says to do. But how could he be told that the people followed Joshua - do not the people have free will? What if they didn't follow Joshua?

Also, how can the Rambam say one must believe Moshe wrote the entire Torah? It seems so hard to understand how Moshe could have written those last pesukem. What about the Ibn Ezra who says certain verses were not written by Moshe - what would the Rambam say about him? I hope you do not think I am Kofare. I really want to understand these questions.

Thank you,
Yisrael Tawil

A: Dear Yisrael,

In essence, you are posing two separate queries. Let us distinguish between them and consider them one at a time. The first difficulty you raise pertains to the last eight verses of the Torah. These verses describe, among other things, the Jewish people's acceptance of Joshua's leadership after Moshe's passing. Now, the Jewish people possessed free will and thus their choice to embrace Joshua as their new guide was voluntary. So how could Moshe write about this decision in advance? Does that not rob the Jews of their ability to choose? Based upon this problem, you suggest that it is more reasonable to assume that Joshua wrote the last eight verses of the Torah.

Considered more deeply, though, this concern is intimately linked to a more general philosophical issue - the apparent conflict between God's foreknowledge and our freedom of choice. After all, what Moshe wrote in the Torah was precisely dictated to him by the Almighty and, therefore, it reflects Hashem's knowledge of future events, not Moshe's. If Hashem can be aware of our destiny without inhibiting the free exercise of our will, then there is nothing objectionable about the idea that He might have provided Moshe with some knowledge of the future actions of the Children of Israel (such as the fact that they would opt to follow Joshua into the Promised Land). In order to address your difficulty, then, we must grapple with a more basic theological question: If Hashem already knows everything we will do in our lifetimes, doesn't that mean that our actions are predetermined, i.e., that we have no freedom to choose?

Fortunately, the Jewish response to this question was already formulated for us by Rambam (Maimonides) centuries ago in his Mishneh Torah. Rambam explains that there is a fundamental difference between human knowledge and Divine knowledge. The only time that a human being can have knowledge of future events is when those events are absolutely predetermined. Otherwise, our predictions are purely tentative in nature. By contrast, Hashem's knowledge of the future is complete regardless of whether that future is predetermined or variable. Both the future motions of the material world (strictly determined by natural law) and the future actions of human beings (the results of their ever unpredictable freedom of choice) are revealed before the Almighty.

Although we cannot possibly fathom the true character of the Divine Mind, we can still appreciate that God's knowledge of things is qualitatively different from our own. Since God can have foreknowledge without precluding or undermining our ability to choose freely, it is quite possible that He could teach Moshe, through prophecy, about future actions of certain individuals without necessarily robbing those individuals of their moral freedom. We see a precedent for this in the Covenant Between the Parts, where God tells Abraham that the Egyptians will enslave the Jews and eventually be punished. Thus, the idea that Moshe could have written of his own death, the mourning of the Israelites and their acceptance of Joshua is not surprising at all, and would in no way have interfered with the free choice of the Jewish people at that time.

The second problem you raise is the conflict between the requirement to believe that Moshe wrote the entire Torah - as formulated by the Rambam in his Thirteen Principles - and the opinion of scholars such as Ibn Ezra, who allow the possibility that later prophets added words or verses to the Torah's text. Would Maimonides have condemned Ibn Ezra as a heretic for his beliefs? Furthermore, how can Maimonides disregard the rabbis in the Talmud who maintained views similar to Ibn Ezra?

Before attempting to answer this question, let us consider the purpose for which Maimonides introduced his "Principles of Faith". The Rambam understood that the Jewish people needed a philosophical framework that would give their religious practice deeper meaning. This demanded a simple, direct exposition of the core beliefs that lie at the heart of Judaism as a worldview and a way of life. In reality, most of the principles that the Rambam formulated involve profound philosophical and metaphysical concepts that are not even close to being fleshed out in the concise paragraphs he devotes to them. The brief descriptions that he provides were not meant to settle every point of contention in Jewish philosophy, nor were they designed to exhaustively treat any theological subject. On the contrary, they were intended to serve as a primer in 'no frills' Jewish philosophy for the uninitiated layman. This is why they are deliberately general and very basic, omitting mention of many of the subtleties of the issues they touch upon.

The Rambam encourages us to leave the detailed, in-depth study of these areas to the advanced student or, better yet, to the distinguished scholar. As laypersons, our learning should remain focused on the essential message of each principle rather than the complications associated with it. With this in mind, let us examine Maimonides' eighth principle more closely and attempt to clarify its fundamental point:

"The eighth principle is that the Torah is from Heaven. That is, that we should believe that the entire Torah that exists in our hands today is the same Torah that was given to Moshe, and that it is, in its entirety, from the Almighty...Everything is from the Almighty, and it is all the perfect Torah of Hashem - pure, holy and true. The only reason our Sages considered King Menashe the worst heretic and freethinker was the fact that he thought the Torah had a "core" and a "rind", and that the dates and stories of the Torah have no purpose, but that Moshe wrote them from his own mind. This is the concept of "One who says the Torah is not from heaven"- the Rabbis say that this refers to one who argues that the whole Torah is Divine except for one verse that the Holy One, Blessed is He, did not state; rather, [the heretics claim that] Moshe said it of his own accord....The verse in the Torah that instructs us regarding this fundamental principle is "By this you shall know that Hashem sent me to do all these things - that it was not from my heart."

We see almost immediately that the Rambam is not dealing here with the extent of Moshe's involvement in the Torah's composition. His emphasis is on the fact that the entire Torah came directly from the Almighty and that it is not the product of human artifice. When he wrote the eighth principle of faith, the Rambam did not address the authorship of specific verses of the Torah. His objective was to underscore the idea that the Torah is of Divine Origin and that it was transmitted to us through the greatest of all prophets - i.e., his primary focus was on the fact that the content of the Torah is the Word of Hashem. The Rambam does not, however, express an opinion on the question of whether Joshua was involved in the process of the Torah's transcription. The Thirteen Principles are not the place for the consideration and discussion of such nuances.

The fact of the matter is, though, that Maimonides did believe Moshe to be the author of all of the verses of the Torah. In several of his works, he emphasizes that the unique character of Moshe's prophecy was what enabled him to be the proper conduit for the direct revelation of Hashem's wisdom. It is reasonable to believe, then, that the singular and superior holiness of the Torah's text derives from the singular and superior status of Moshe's prophetic experience relative to that of other prophets. If this is indeed the case, it follows that Moshe must have written the last eight verses - since they, too, partake of the same level of sanctity as the remainder of the Torah.

In conclusion, there is no doubt that we should accept Maimonides' view that Moshe was the author of the entire Torah. The difficulties with this position are not strong enough to warrant a deviation from the teachings of the greatest Jewish philosopher of all time. However, it is not at all clear that Maimonides would condemn a genuine scholar like Ibn Ezra who attributed the last eight verses to Joshua - provided, of course, that the scholar agreed that these verses (like the rest of the Torah) were directly dictated by the Almighty.

Best Regards,

Rabbi Maroof

Brandy

2006-04-06T15:28:00.000-04:00

Q: Dear Rabbi Maroof,

Does brandy need to be kosher and, if so, does it also have to be kosher for Pesach?

Michele

A: Dear Michele,

Regular brandy is made from grape juice or wine and therefore requires kosher supervision. Pure fruit brandy (plum, apple, etc.) doesn't require kosher supervision provided that it does not contain any wine or other problematic ingredients.

With regard to Passover, it is easiest to purchase brandy that is specifically approved for Pesah use. Brandies are often mixed with other spirits during processing in order to facilitate their distillation, and these added substances may be grain-based and therefore hametz. However, if you are able to confirm that the brandy is totally unadulterated, it need not have special supervision for Passover.

Best Regards,

Rabbi Maroof

Passover Items

2006-04-05T21:26:00.000-04:00

Q: Rabbi Maroof,

I enjoyed your lecture last night and saw your responses on the blog.

Here's another question: Do lemon jice, ketchup or toothpaste need special labels for pesach.

Chag Sameach.

Abe Akresh

A: Dear Abe,

Toothpaste and other inedible items do not require any supervision for Pesah, unless of course you plan on eating them!

100% Pure Lemon Juice does NOT require any special Passover label.

With regard to ketchup - it is hard to generalize about such products without addressing specific brand names, since every company's formula is somewhat different. Some brands of ketchup may contain vinegar, modified food starch, or other ingredients that could be hametz.

I can tell you that regular Heinz Ketchup is kosher for Passover even without a Passover label.

Hag Kasher V'Sameah,

Rabbi Maroof

Seder Questions

2006-04-05T16:17:00.000-04:00

Q: Dear Rabbi Maroof,

I attended your recent lecture on the Seder and was impressed by your knowledge and insight. I thank you for all I learned.

If I may, I would like to ask some Passover Seder related questions:

1. Why are there 3 Matzot at the Seder table? One is for the afikomen, but why the 2 others? (My children always ask me that one). And why is the afikomen matzah broken in two?

2. What is the traditional Sephardic way to say the 10 plagues?
In my tradition, a little wine from a glass, and water from another, are poured together into a bowl at the mention of each plague emptying both with the 10th plague.

Ashkenazim however, dip a finger in the wine and sprinkle it away. Over the years I've heard the following explanations:

Sephardic style (2 cups): water represent justice and water represents mercy. Justice should not be meted out without some mercy (from the kabbalah).

Ashkenazi style (finger dipped in wine): diminishing our pleasure (wine) at the suffering of our enemies.

Does the Talmud or hachamim say anything about this?

3. What to do with Elijah's cup? Drink it or throw it away?

Thank you and hag sameakh.

Jeff Malka

A: Dear Dr. Malka,

Thank you for your kind words. I will do my best to answer your questions:

1. Contrary to popular belief, the use of three matsot on Passover night serves a legal rather than a symbolic function. The Talmud in Masechet Pesahim and Masechet Berachot teaches that we must break one of the "loaves" of matsa at the Seder in order to show that it is the "bread of affliction". A poor person does not necessarily have the luxury of enjoying a complete loaf of bread on a regular basis; more often than not, he sustains himself with the crusts of bread he has preserved from previous meals or with the leftover food that his wealthier neighbors have discarded. We incorporate this concept into our meal through "yahatz", i.e., breaking one of the pieces of our matsa at the Seder.

From a halachic (Jewish legal) standpoint, however, this custom poses a problem. After all, on other holidays and on Shabbat, we are obligated to recite the blessing "hamotsi" over two whole loaves of bread. Why should Passover be any different? For this reason, several Talmudic commentators ruled that three matsot must be used - two to fulfill the general requirement of "lehem mishneh" (blessing over two loaves) , and a third that will be broken to emphasize the concept of "bread of affliction". This prevents the shattering of the matsa from diminishing the honor we render to the holiday through using two whole loaves for the blessing. So, in reality, the three matsot do not form one cohesive group; rather, two of them substitute for the usual "two challot", and the third, broken one exemplifies the concept of affliction. This reasoning forms the basis for the use of three matsot on the night of the Seder.

It is interesting to note that, according to Maimonides and some other authorities, only two matsot should be used at the Seder. In the view of these scholars, the whole point of breaking one of the matsot is that we SHOULDN'T recite the blessing over two complete loaves. In other words, they argue that the notion of affliction or deprivation is expressed through our purposeful downgrading of the "lehem mishneh" to one-and-a-half pieces. It is by way of this disruption of the usual mitsvah of "twin loaves" that the concept of affliction becomes manifest. From this perspective, the introduction of three matsot is not only superfluous, it is inappropriate - because the very existence of "lehem mishneh" stands in direct contradiction to the theme of affliction.

2. The prevalent Sephardic custom regarding the ten plagues is for the leader of the seder to spill ten drops of wine from his cup into a bowl, or, in some cases, into a broken earthenware vessel. The wine in the bowl is subsequently discarded. We do this, rather than dipping our fingers into the cup, in order to avoid the problem of creating a "kos pagum", an unsavory cup. Placing our hands into the wine undoubtedly detracts from its appeal.

The custom of removing some of the wine from our cups upon mention of the Ten Plagues has its roots in a beautiful Midrash of our Sages. The Midrash teaches that, after the Jews crossed the Sea of Reeds to safety and the Egyptians perished, the angels in Heaven wanted to recite God's praises. God rebuked the angels with the now classic phrase "My handiwork is drowning in the sea and you wish to break out in song?"

The Egyptians were a corrupt and oppressive group who subjected the Jewish people to terrible hardships. Many Jews may have experienced a sense of satisfaction as they watched their enemies drown in the sea - a response we would expect from one who, after years of painful struggling, finally triumphs over his opponents. The Rabbis teach us that this attitude is not endorsed by our Creator. Instead of gloating in our victory over the Egyptians, we should temper our joy, mourning the fact that the struggle between Egyptian and Israelite had to end in the destruction of so much human life - life that was filled with unlimited, albeit unactualized, potential for goodness. We should solemnly consider the thought that things could have worked out differently; that, had the Egyptians made wiser, more enlightened choices, acknowledging the Divine will and the demands of morality of their own accord, the tragic consequences that they suffered could have been averted.

What you mentioned about water and wine - the relationship between the Divine Attributes of justice and mercy - is represented through the addition of a few drops of water to the Kiddush wine on Shabbat and Holidays year round. This practice is not limited to Passover in the Sephardic traditions with which I am familiar.

3. Elijah's cup is generally not a Sephardic custom. It was adopted by the Sephardim from their Ashkenazic neighbors. There is nothing objectionable about it, but it was not originally a part of our traditions.

Whether you drink or discard it is purely a matter of preference. Each family has probably adopted its own policy in this regard.

I hope you find these explanations helpful.

Hag Kasher V'Sameah,

Rabbi Maroof

Anussim II

2006-04-05T00:26:00.000-04:00

Dear Friends,

I have received several responses, in comments as well as emails, to my statement regarding anussim. I would like to clarify my position on this topic a bit further, responding to all of the contributors simultaneously.

First of all, I must emphasize that I am ignorant of the specific histories of the communities that some of you have described, so I am in no position to determine the personal status of their members. A comprehensive and thorough investigation of all relevant facts - an investigation which, I understand from your comments, is already underway - would have to be completed before any competent rabbinical decision could be rendered. My remarks about the subject of anussim in the posts on this blog have been, and continue to be, purely hypothetical in nature.

When it comes to matters of Jewish law, we must adhere strictly to the principles of the Written and Oral Torah, applying them to the evidence available. The halacha, or Jewish law, only recognizes a person as Jewish if we have proof that his or her mother is Jewish. Otherwise, that person must undergo a conversion. Our sympathy with the plight of the anussim communities cannot overrule the standards that the Torah has established.

Although the original anussim were forced to convert against their will, the fact remains that, in some communities, the converts or their descendants later intermarried with non-Jews and their offspring may not be Jewish according to the Law.

Of course, as I mentioned in my first post, it all depends upon the facts of the case. If a community, aware of its anussim status, preserved its identity and never intermingled with the local non-Jewish population after their "conversion", there would be no doubt as to their status as Jews. This may be the case in the communities of which you speak, and this would be the reason why some Sephardic rabbanim may have endorsed their Jewishness.

Again, it is not the Jewish identity of the original converts that is in question. The original converts remained Jewish no matter what. A Jew who converts to Christianity or Islam or any other religion is still a Jew, and does not need to undergo any process to return.

The only issue is whether the descendants of the converts intermarried because, as generations passed, they began to forget that they were originally Jewish. This is the problem faced by the Spanish individuals of Jewish descent who subsequently assumed fully Catholic identities and lost all connection with Judaism, except for a few isolated rituals whose meaning they no longer remembered.

So, in conclusion, if a person has clear proof that his maternal line is 100% Jewish, he or she does not require conversion.

I hope this clarifies my position. I wish all of you the best of success in your study and observance of our Torah.

Warmly,

Rabbi Maroof

Rabbinic Judaism

2006-04-04T15:16:00.000-04:00

Q: The more deeply I study Jewish history and Tanach, the more I become convinced that we have been in a period of "hester panim" since the time of Ezra and Nehemiah and the construction of the Second Temple, when the Shechina did not return to Bnei Yisrael. As a believer in the Blessings and Curses and being impressed by the ready mapping of the Tochaicha from the 4th century B.C.E through the Holocaust, I am drawn to the conclusion that the cause of our distress as "The People of the Book" has been a basic violation of the Torah in the emergence and domination of Rabbinic Judaism (over Levitical Judaism), notwithstanding the supposed intent of Rabbinic Judaism in its infancy to preserve the Torah. As the agrarian lifestyle of Bnei Yisrael during the First Temple period (with its concommitant need for Levites supported by the surrounding community and dedicated to teaching the Law and enforcing it as judges) gave way to the advent of urban life after the return to Israel of the exiled, the free time of urban life permitted study of the Torah and a growing distaste for the Kohanim and their Levitical brethren, finally resulting in a "French Revolution," but really culminating in a new religion devoid of God's earmarking of the tribe of Levi as his ministers and the teachers of His Laws to Yisrael...Could this be so? Have we lost God's active presence in Am Yisrael's fate (aside from HIS always maintaining a remnant) so that we will continue to be under the gun, so to speak, with the absence of peace and the other Blessings until we as a people RETURN to God's Levitical Teaching (the Torah), and not the constructed one of rabbinic making? Thank you in advance for your response....Yerachmiel

A: Dear Yerachmiel,

I agree with your observation that we live in a period of time during which God's providential influence is not apparent to us. However, your explanation of the reason for this phenomenon seems to be based upon several ideas that don't stand up to serious scrutiny. First of all, you state that the Bible indicates that only the Levites and Priests are entitled to serve as the spiritual leaders of the Jewish people. Without a doubt, the Bible reflects an expectation that the Levites will be especially devoted to the study of Torah and will dedicate themselves to teaching its commandments to the masses. However, the fact remains that the majority of the prophets in Jewish history, from Joshua on, were not Levites. It is evident that the most gifted prophet in a given generation was acknowledged as the religious leader of that period and was deferred to by layperson and priest alike. When the Second Temple was rebuilt, we find prophets educating the Priests about the performance of the Temple Service and the laws of ritual purity. Furthermore, we see that the prophets never hesitated to criticize the Priests, quite harshly at times. Their moral authority - based, as it was, upon their knowledge of God's Torah - empowered them to supervise, instruct and even castigate the Levites. Thus, the prophets, by virtue of their knowledge and moral perfection, were consistently regarded as the ultimate religious authorities of the Nation of Israel. The Torah itself alludes to this when it states, "And you shall come to the the Priests, the Levites, AND the the Judge who will preside in those days," implying that the Judge may not be a Levite or a Priest!

You also seem to suggest that the Talmudic Rabbis invented a new brand of Judaism that did not exist before the destruction of the Second Temple. The first difficulty with this belief is that it involves a serious misconception about the nature of the Oral Tradition in Jewish thought. To speak of Rabbinic Judaism as "constructed" is to imply that it is a creation of the rabbis that exists independently of the Written Torah. In reality, the relationship of the Oral and Written Torahs is comparable to the relationship that obtains between theoretical paradigm and empirical observation in science. In the scientific realm, abstract constructs and principles that exist in the mind of the scientist provide a framework through which he or she interprets data, makes predictions, etc. In a similar vein, the Oral Torah is a conceptual prism that resides in the Torah scholar's intellect and through which he interprets, analyzes and draws conclusions from the written text. Scientific formulae do not add anything tangible to the empirical data; rather, they serve to further integrate and develop our understanding of the data. Similarly, the formulations of the Oral Torah don't add content to the Torah; they simply provide a conceptual framework for reading and comprehending it. I would encourage you to listen to a lecture I delivered on this topic a couple of months ago, at http://magen-david.net/TXXO.wav.

In the lecture, I discuss how the notion that the text of the Torah could possibly be interpreted or applied without some preexistent intellectual 'context' is ultimately untenable. A couple of brief examples will clarify my argument (listen to the audio class for more). The Torah commands us not to engage in "melacha" (frequently mistranslated as "work", probably better rendered as "craft" or "creative activity") on the Sabbath. What is the precise definition of the term "melacha"? If we expect to derive such information from the text alone, we find ourselves in a serious predicament. Every Jew will interpret the word for him or herself, and what is included under the heading of "melacha" in the eyes of one reader may be excluded by another. Indeed, the Torah's definition of melacha does not seem to correspond to our "common sense" perspective - the Sabbath violator mentioned in Leviticus was executed for gathering sticks, an activity that sounds inocuous to most. We must ask ourselves - would it be fair for a judge to distinguish between a Sabbath observer and a Sabbath violator based upon his own subjective sense of the Torah's meaning? Would the judge feel sufficient conviction in his personal intuition to impose the death penalty for Sabbath violation in light of it? Clearly, God must have had a very specific concept of "melacha" in mind when He commanded us to abstain from it. The definition of this term and its abstract formulation is found exclusively in the Oral Torah as transmitted from Moses down to the Talmudic Rabbis. Again, the traditional Torah scholar's ideas don't add new information to the Torah any more than the scientist's theoretical understanding adds new information to the physical world. The rabbinic Jew simply reads the words of the text on a deeper, more sophisticated level in light of the framework provided by the Oral Torah.

Allow me to cite one more example - there are many! The Torah tells us in Deuteronomy that if a defendant is found guilty and is worthy of lashes, the judges should administer them. However, nowhere in the Written Torah does it describe who is "worthy of lashes". Are the justices expected to make the criteria up as they go along? Clearly, the definition of this category must have been transmitted orally - it is a part of the conceptual framework that forms the basis of our reading and interpretation of the Biblical text.

It is important to note that the Torah is not unique in its dependence upon an oral tradition for proper rendition. Countless other works of law, science and literature can be completely misunderstood if the reader lacks the proper background knowledge, including an accurate definitions of technical terms, a sense of historical setting and context, etc. Groups who have rejected rabbinical tradition and attempt to observe Judaism based on the text alone have generated an unlimited range of interpretations of Torah yet possess no reliable criteria for choosing between them. Are we to maintain that God bequeathed to us a text whose language is deliberately ambiguous and whose true sense is inaccessible to us? Is it reasonable to believe that God would present us with a written document that is subject to multiple interpretations without providing us with the tools to grasp its intended meaning? We must assume that the prophets and judges of Israel possessed an orally transmitted set of principles that allowed them to interpret the Torah's ideas and commandments accurately. This body of knowledge was ultimately vouchsafed to the rabbis.

Incidentally, the most beautiful illustration of the integration of Written and Oral Torah is the comprehensive and majestic Mishneh Torah of Maimonides, the study of which I would highly recommend to you.

The second problem with this critique of rabbinic Judaism is a theological problem. The prophets have promised us that, despite the trials and tribulations the Nation of Israel faced and will face, authentic Torah Judaism will never be forgotten from their midst. If we admit that the Torah was never 'lost' at any point in history, then there must have been an unbroken chain of individuals who mantained proper Torah teaching and observance throughout the generations. An analysis of Jewish history reveals that the only group of people who have observed the Torah in a consistent manner since the destruction of the Second Temple are the rabbinic Jews, who must perforce have inherited their perspective and understanding from the prophets before them. There is no doubt that alternative sects of Judaism have made appearances on the world stage from time to time. However, not one of these groups can boast of an uninterrupted chain of religious observance linking them all the way back to Moses at Sinai. Thus, assuming that the promise of the prophets was fulfilled, we must conclude that the genuine inheritors of the Torah tradition are the Rabbis and their students.

I fully agree with your assessment that the Jewish people have strayed quite far from the proper study and observance of the Torah. As long as our infatuation with the hedonistic and materialistic values of modern culture persists, this tragic reality will remain unchanged. The key, however, is not to reject the instruction of the rabbis, but to return to it. With their guidance, we can find in the Torah all of the wisdom we need to pursue a meaningful and truly satisfying life.

Rabbi Maroof

Purchasing Milk for Passover

2006-04-03T18:05:00.000-04:00

Q: Hi Rabbi,

I saw the article about you in the Jewish Week. Do I need to get kosher for Passover milk?

Steve K.

A: Dear Steve,

Plain milk does not need special rabbinical supervision in order to be kosher for Passover. The same applies to raw vegetables, meat, chicken and fish that are plain/unseasoned.

Hag Kasher V'Sameah,

Rabbi Maroof

Afterlife

2006-04-02T10:11:00.000-04:00

Q: Dear Rabbi Maroof,

First of all, I would like to thank you for providing this space to address Jewish matters. My question is related to the afterlife, a subject in which Judaism contains a variety of opinions. From my understanding (please let me know if I am misunderstanding any concept), according to some bilblical references, more specifically, Job and Ecclesiastes, there's a place called "Sheol", an underground abyss where all souls -whether good or evil, go.

There's also the concept of Gan Eden (heaven) and Gehinnom (hell), but ultimately all souls go to heaven after they purge their sins and wrongdoings, except the extremely wicked and evil, whose soul will be either ceased from existence or be eternally under suffering -this is another topic that has different interpretations.

So, are Sheol and Gehinnon equivalent? Also, after the resurrection of the souls in the World to Come (in a physical form), will there be death again?

Thank you,

Carolina Castellanos

A: Dear Carolina,

These are weighty and complex questions. Let me begin by emphasizing that the concept of a soul entering a "place", whether under or above ground, is not a part of Jewish theology. The soul is not a physical object that can travel in space or be situated in a specific location. Whenever a reference is made to a soul 'going' somewhere, it is intended in a metaphoric, not a literal, sense.

The Biblical term "Sheol" simply refers to the grave, the final resting place of the physical body.

Maimonides teaches that the Afterlife is a metaphysical state of blissful existence that ensues after the separation of the soul from the body. This state can only be achieved by an individual who has perfected his or her soul through the acquisition of knowledge and positive character traits and the performance of good deeds. Because the soul has developed a spiritual, transcendent aspect, it is able to survive physical death and partake of the greatest reward imaginable - namely, an unadulterated and fully satisfying perception of Hashem's wisdom.

It is important to remember that, since we exist in a physical body during this lifetime and all of our knowledge is based upon our experiences of the material world, we cannot possibly imagine what it would be like to exist metaphysically. This is the reason why our Sages are compelled to employ metaphor and analogy when speaking about these profound matters. Unfortunately, because we are generally much more comfortable with concrete imagery than abstract ideas, many people latch onto the metaphoric depictions of the rabbis as if they are literal facts. Thus, they develop sensual concepts of the World to Come that are of necessity inaccurate. We must accept the reality that the true nature of the Afterlife is not something that we have the ability to comprehend during our sojourn on this Earth.

Wicked people whose entire existence in this world revolves around material gain and bodily pleasure have not actualized the metaphysical dimension of their souls. As a result, their souls perish with their bodies at the conclusion of their physical lives. They suffer the ultimate punishment - the loss of the opportunity to experience the pleasure of true knowledge and understanding.

In the Messianic era, the righteous will be revived from the dead and will participate in the establishment of a utopian society that will be fully aligned with God's wisdom. Their ressurection will also afford these great men and women the benefit of living in an enlightened world community - something they did not have the opportunity to do before their deaths. In the end, though, the laws of nature will continue to reign, and the righteous - like all other mortals - will eventually pass away once again, allowing their souls to return to a blessed state of metaphysical existence for eternity.

I would like to add two important points before concluding this post. The first point is that our service of Hashem in this world is inherently rewarding and fulfilling. Any additional reward is really superfluous to the wise person who enjoys truth and justice for their own sake. Similarly, living a materialistic, unenlightened life is its own punishment. Such a lifestyle frustrates human beings, denying them the actualization of their intellectual and spiritual potential while offering them an endless array of unsatisfying substitutes that fail to address their uniquely human needs.

Those who believe that the ultimate reward for study and righteousness is endless physical pleasure necessarily maintain that the pleasures of the body are the ultimate good for human beings, and that living wisely is a means to the end of material self-indulgence. Similarly, the belief in eternal physical torment for the wicked stems from the assumption that bodily suffering is worse than the pain of living without wisdom. Both of these suppositions are contrary to the core teachings of Judaism. The devoted Jew does not need the promise of extrinsic reward nor the threat of extrinsic punishment to entice him or her to live by the dictates of the Torah. Pleasures and pains of the body are simply incomparable to the contentment the soul derives from its pursuit of knowledge and virtue. By way of analogy, imagine that a wealthy individual offered you one million dollars cash, with no strings attached. Would you ask "well, what's in it for me? What's my reward for accepting the money?" Any additional reward would pale by comparison to the receipt of the funds themselves. In the same way, wisdom is its own reward, and anyone who asks "what's in it for me" has not yet experienced its beauty - a beauty so rich and overflowing that it causes all temporal enjoyments to seem base and worthless by comparison.

The second point I'd like to emphasize is that the common notion of "Divine Punishment" is derived from the theologies of other popular religions, and not from the teachings of the Torah. In these religions, God is portrayed as an angry humanlike being who cannot tolerate the disregard with which human beings treat Him and His laws. His thirst for vengeance is so all-consuming that the only way He can quell his rage is by condemning sinners to everlasting torment in Hell . This idea is, of course, based upon the assumption that God takes pleasure in our morality and religiosity and that He becomes frustrated and aggressive when we fail to placate Him with our worship. Advocates of this notion seem to maintain that God finds comfort in torturing violators of His commandments for all eternity.

By contrast, the Jewish view is that righteousness and wickedness - as well as reward and punishment - are exclusively for human benefit. God does not become 'angry' when we sin, nor does our goodness provide Him any satisfaction. When we make the right choices, then, God may assist us in furthering our development so that we more fully actualize the potential for genuine happiness that He implanted within us - not because He needs us to continue, but because it is His will to provide the best for His creatures.

At the same time, when we choose to act immorally, we do a disservice to ourselves alone. God, in His infinite mercy, may punish us to correct us and steer us back onto the proper path, but not because He takes some sinister, vengeful pleasure in our suffering. We can see this from the fact that God only intervenes to punish individuals whom He knows are sufficiently close to Him to respond appropriately to censure, as King Solomon wrote, "The ones God loves, He rebukes." If a person is so far from God that there is no hope that he will repent as a result of Divinely imposed punishments, then God will not implement them. Hashem does not mete out consequences to make us suffer for our sins; His purpose in chastising human beings is to educate and uplift those of us who are at least potentially receptive to His message.

From this standpoint, it is clear why subjecting human souls to everlasting torment in the Hereafter would be meaningless. Once our lives are over, all hope of repentance is lost - so what use would punishment serve after death? Only a religion that views God in human terms - as a sadistic father-figure who is insatiably angry with his children and needs to 'vent' - could possibly embrace such a concept.

I should mention that there are some Rabbis, such as Nachmanides, who subscribe to the concept of 'Gehinnom'. 'Gehinnom' is understood here as a process of purification of the soul - metaphorically denoted by a 'place' to which it goes - that occurs before that soul enters its final state of spiritual existence. We all have ties to the material world that serve as obstacles to our spiritual growth, interfering and even tampering with the proper development of our souls. The idea of Gehinnom is that a profound experience of self-awareness and intellectual clarity after death - revealing, as it would, that any attachment to the realm of the physical is utterly meaningless - may enable a person to become freed from some of these limitations and thus to enjoy a more complete and gratifying metaphysical existence in the Next World.

For a more detailed and in-depth discussion of these ideas, I would encourage you to read Maimonides' "Introduction to Helek", which can be purchased in English translation from Moznaim Publishers (It appears as an appendix in the volume of the Rambam series entitled "Pirkei Avot").

Rabbi Maroof

Cemetery Visits During the Month of Nisan

2006-03-31T16:09:00.000-05:00

Q: I know there is a general prohibition of hespedim (eulogies) during the month of Nisan. I was wondering if there is also a minhag (custom) not to visit a bet kevarot (cemetery) this month. I was told that there might be, at least in Israel. Is this true? If so, is there any exception for bnei Hutz Laaretz (Jews who live outside of Israel) who might only be in Israel for the Pesach season?

M. W.
Riverdale, NY

A: Delivering eulogies on a holiday - such as Pesah, Purim or even Rosh Hodesh - is halachically prohibited. As such, we avoid visiting the cemetery on these days so as not to encourage eulogizing, weeping, and other behaviors that might detract from the spirit of the holiday in violation of Jewish law. By contrast, the restriction on eulogizing during the month of Nisan is only a custom. Since the prohibition against delivering eulogies throughout the month of Nisan does not have the force of law, the rabbis did not broaden it to include an additional restriction on cemetery visits. Visiting a cemetery is permitted, then, throughout the month, with the obvious exception of the eight days of Pesah.

The individual who suggested that one is not permitted to visit cemeteries in Israel during Nissan may have been confused by another Israeli custom - namely, the common practice of visiting graves on the day before Rosh Hodesh Nisan. This may have been taken as a sign that such visits are prohibited during the upcoming month; however, this is clearly not the reason for the custom. Indeed, this practice is also observed on the day before Rosh Hodesh Elul - a month which includes no restrictions on mourning whatsoever!

Rabbi Maroof

Soybeans

2006-03-31T15:46:00.000-05:00

Q: Are fresh or frozen soybeans considered legumes?

A: Yes! They are only acceptable for use by Sephardim on Pesah.

Rabbi Maroof

Rabbi Abadi's Website

2006-03-31T15:29:00.000-05:00

Q: Rabbi Maroof,

I recently came across a website www.kashrut.org run by Rabbi Abadi. His Pesach lists and answers to questions seem a bit liberal in some cases, even for Sephardim...Are you familiar with him? Agree with his rulings on KP for Sephardim?

S. L.

Rockville, MD

A: Rabbi Abadi is a tremendous Torah scholar who is renowned for his knowledge and piety. His status as a competent posek (decisor of Jewish Law) cannot be disputed. There is no question that Rabbi Abadi is more than qualified to rule independently regarding any matter of halacha; this fact is clear as day to any rabbi who has become acquainted with him and has observed the breadth and depth of his knowledge. That being said, though, each individual should follow their own Rav when it comes to personal halachic decisions. Rabbi Abadi's sons, who manage the website, have explicitly made this point on several occasions in the Q@A forum.

With regard to the specific question of the Pesah list - the answer is yes, it is most certainly reliable for Sephardim, and is widely followed in Sephardic communities across the United States and in Canada. My family has been using Rabbi Abadi's list for several years now.

The only advice I would offer is to purchase any "unsupervised" products before Pesah if possible.

Hag Kasher V'Sameah,

Rabbi Maroof

Ethiopians and Anussim

2006-03-29T08:58:00.000-05:00

Rabbi Maroof,

Let me preface this by asking that you kindly correct any misinformation I may be working with in my question, or further elaborate where necessary.

Rav Ovadia Yosef's psak (ruling) that the returning Ethiopians can be married and need not have any conversion, returned them to their status after more than a thousand years. (This time could maybe be viewed as less of a gap since it was based on Radbaz's opinion that was issued hundreds of years ago, so it is as if they are returning to their status after only hundreds of years of uncertainty). Why is it then that for the case of the anoosim, who have a similar situation in attempting to return (as it may be argued, even in a shorter span of a verifiable gap in their status, and a more close, or at least traceable link) require at least giyyur l'humra as ruled by Rav Mordechai Eliyahu? Where does this difference arise from in their rulings? Couldn't the ruling for anoosim have similarly drawn upon a 17th or 16th century posek like Rav Duran, who was ruling that returning anoosim should be welcomed back without test?

Thanks,

J.D.

Dear J.D.,

For the benefit of the readership, allow me to clarify the meaning of your question a bit. R' Ovadiah Yosef ruled (for example, in Yabia Omer Vol. 8, Section E"H #11) that the Ethiopian Beta Israel community was Jewish according to halacha and, therefore, required no formal conversion to join the mainstream of the Jewish people. Anussim, or people of Jewish descent whose ancestors converted to other religions under duress and have rediscovered their roots, are only accepted into the community after a process of conversion in order to make sure that they are Jewish. Your question is why we don't apply the same standards to both cases and allow Anussim to reenter the Jewish fold without undergoing a conversion.

In order to understand the answer, we must consider a key difference in the Jewish identities of the Ethiopians and the Anussim, respectively. The reason why the Ethiopian Jews lost their connection with the Jewish people for so long was, according to the theory accepted by R' Yosef, simply a result of their physical isolation from us. The Ethiopians never lost their own sense of identity and never intermarried with the surrounding peoples, but they had no contact with other Jews outside of their community. Thus, assuming that their Jewish status was authentic to begin with - a premise that R' Yosef and many other Gedolim have accepted - there is no reason to cast doubt on it now. The fact that they were separated from the rest of world Jewry for several centuries or even millenia does not take away from their Jewishness.

Modern Anussim, on the other hand, have typically identified as Catholics for several generations. Remarkably, their families frequently maintained unusual traditions that are not characteristically Catholic, such as soaking and salting meat before cooking it, not eating pork, not going to church, or lighting candles on Friday night - customs that they now realize are based upon an historical connection to Judaism. Meanwhile, though, the parents, grandparents and great grandparents of many of these Anussim may have intermarried with other Catholics, making it difficult for us, in retrospect, to determine whether their children were halachically Jewish or not. Remember that we receive our status as Jews from our mothers, not our fathers, and our mothers were Jewish because of their mothers, and so on. So there must be an unbroken chain of Jewishness on the maternal side of our families for us to be considered halachically Jewish. Thus, for a member of one of the families of Anussim to be accepted as Jewish nowadays, we would need to have proof that none of the individual's male ancestors on his or her mother's side ever married a non-Jewish woman, so that his or her mother, maternal grandmother, etc., were all Jewish. Understandably, proving this is close to impossible in the majority of cases. As a result, we require the Anussim to go through a conversion process to ensure that their Jewish identity is established beyond any doubt.

In your question, you mentioned how several illustrious rabbis in the 16th and 17th centuries wrote responsa in which they advocated accepting Anussim without any problem, i.e., without any process of conversion whatsoever. However, the situations to which those rabbis referred were different from the Anussim cases of today. In the circumstances they were discussing, the very same people who converted to Catholicism - not their descendants - are now returning to Judaism. We are not faced with the complexities of their Jewish ancestry; we know that they are Jewish, but they have defected, at least temporarily, from their religion. The rabbis argued that, despite the fact that these individuals were wrong to have converted to Catholicism, we should still accept them now that they have repented and wish to rededicate themselves to Jewish tradition. Had the same rabbis been dealing with the great-great-great-grandchildren of Anussim who reemerged from complete assimilation in the Catholic community centuries later, their rulings would have been much different.

In summary, it is not the quantity of time that has passed since a person's separation from the Jewish people that is the decisive factor in these rulings. It is true that, the further back in history we must go to establish an individual's Jewish identity, the more difficult it is to ascertain the facts about his or her heritage, whether his or her ancestors intermarried, etc. However, in cases where extensive historical research is not necessary because of the presence of other evidence, these conclusions can be made more easily and definitively. Thus, isolated Jewish communities who have maintained an identity that is distinct from any neighboring gentiles but have lived apart from the mainstream of Jews for many generations may be accepted as halachically Jewish without conversion. Since they have not intermarried with non-Jews, we need not suspect any 'dilution' of Jewish status among them - thorough background checks are not required. By contrast, the Anussim of today are the descendants of converts to Catholicism who had completely lost any conscious identification with Judaism and may have affected the Jewish status of their children by intermarrying with other Catholics. Since developing an accurate picture of their personal histories is overwhelmingly difficult, we cannot avoid having questions about their Jewishness. Thus, the contemporary Anussim must undergo what is called 'giyur l'humra', a process of conversion to resolve the doubt that surrounds their Jewish heritage. Finally, Jews whose Jewish identity is well established but who have converted to other religions under duress may, after they have renounced their conversions, be reinstituted in the Jewish community without compunction.

Rabbi Maroof

Evolution and Intelligent Design

2006-03-16T09:59:00.000-05:00

Q: What is the Jewish view of the theory of Evolution? Is it proper for a religious Jew to accept evolution, being that it contradicts the Biblical story of creation? Shouldn't we support the Intelligent Design approach instead?

A: There are multiple aspects to your question. First of all, let me emphasize that the Torah is not a science book. It is not designed to present us with a comprehensive account of physics, biology or chemistry. The primary objective of the Torah is to teach that the entire Universe is nothing but an expression of the Divine wisdom and that human beings have the unique capacity to comprehend at least some of that wisdom. These are theological principles that have no specific implications for scientific theory. In other words, we subscribe to the idea that Hashem created all that exists and that the material world operates in a lawful, harmonious manner that reflects His knowledge and providence. This general concept neither proves nor disproves any specific scientific hypothesis.

Many modern readers of the Bible are troubled by its apparent inconsistency with contemporary scientific knowledge. These readers have unfortunately been influenced by a fundamentalist approach to Biblical interpretation that is prevalent among Protestant Christians. This approach insists that the words of the Bible are meant to be taken at face value and leads to a wholesale rejection of the scientific method. By contrast, the Jewish view, as represented in the Talmud and in the writings of classic rabbinic thinkers such as Maimonides and Nachmanides, has always been that the first two chapters of the Book of Genesis are not to be taken literally. This assumption was part and parcel of Jewish thought long before anybody had an inkling that there might be 'contradictions' between the Torah and science. The study of the Mystery of Creation has traditionally been reserved for a small elite group of accomplished scholars who are prepared to delve into its secret, metaphoric meaning. A simple literal reading does not do justice to the complexity or the depth of the Torah's presentation of Genesis. The value that we, the common people, draw from it is the knowledge that the Universe is God's creation - no more and no less.

Keeping in mind that the Torah doesn't mean to describe the process of Creation in a literal vein, there is nothing in the Torah that can be used to refute the theory of Evolution. Although the adoption of a completely materialistic, atheistic outlook on the world is often associated with evolutionary theory, this need not be the case. We can easily maintain that God created the Universe in such a way that its various components unfolded through a gradual process of evolution. Indeed, there is a magnificence and a beauty to the concept that God - with one, singular act of creation - set such an unimaginably complex chain of events in motion that culminated in the breathtakingly intricate world we see around us today.

At the same time, though, the Torah does not confirm Evolutionary theory. No scientific theory should attempt to claim Biblical endorsement because, as mentioned above, specific scientific principles cannot be derived from the Bible. Any scientific approach is acceptable to Judaism as long as it is based upon the fundamental assumption that the existence of matter and its lawfulness is the result of God's design, and provided that it is compatible with the idea that the human soul is not a purely physical entity. Beyond this, all scientific concepts are the result of fallible human thought and must necessarily be criticized and reevaluated regularly to ensure that they are not erroneous. A review of the history of scientific thought confirms the importance of a constant process of critical review.

Finally, with regard to Intelligent Design: I do not see what the notion of Intelligent Design adds to scientific knowledge. It is a broad metaphysical or theological conviction, not a specific explanation of any phenomena in the physical world. Intelligent Design answers the question of "Who" rather than "How", placing it outside the realm of science. Indeed, it seems to involve an abdication of our responsibility to pursue true knowledge of God's creations because, instead of working to understand God's natural laws, proponents of Intelligent Design theory simply fall back on "it's the way it is because God made it that way." This belief does not bring us to a more complete appreciation of God's wisdom as revealed in nature.

As Maimonides teaches, the highest level of love of Hashem can only be attained when one perceives the profundity of Hashem's knowledge that is revealed in the abstract laws that govern the Universe. This requires us to seek the simplest, most elegant and most accurate account of the way in which our world operates and how it came to be. Honest scientific inquiry enables us to see how the infinite complexity and detail we encounter ultimately derive from One Source and the laws of physics He has established.

On the other hand, assuming that God needs to fashion or to guide each and every element of His Universe separately detracts from our sense of His grandeur and perfection. An artist who can produce a masterpiece with a thousand brushstrokes is no doubt inferior to an artist who can produce the same artwork with a single brushstroke. Thus, through attributing everything around them to miraculous Divine intervention, Intelligent Design theorists do not honor God, they underestimate Him.

In conclusion, there is no religious objection, from a Torah standpoint, to the theory of Evolution per se. We cannot confirm or deny the theory based upon the text of Genesis, which is understood in our tradition as an esoteric theological work, not a scientific treatise. In fact, the theory has many attributes that recommend it, even from a religious perspective - such as, for example, the elegance of its reduction of the complexity of our world to a simple, natural mechanism. All things considered, though, our belief in the Torah does not require us to embrace or to reject any particular scientific hypothesis. The Torah teaches us about the Source of the physical world and how we should relate to Him, but it stops short of providing us with a specific set of beliefs about how the world operates or how it came into existence. It is up to us as human beings to seek the answers to these questions to the extent of our ability.

Gifts to the Poor

2006-03-09T16:27:00.000-05:00

Matanot La'evyonim

Q: Can one fulfill the mitsvah of Matanot La'evyonim (gifts to the poor) on Purim by contributing to a charity that distributes money to needy families in Israel on Purim day?

A: Most of us live in places where Purim is celebrated on the fourteenth of the Jewish month of Adar. In our neighborhoods, the commandment to rejoice on the holiday can only be fulfilled on the fourteenth of Adar. However, there are some cities in the land of Israel, such as Jerusalem, in which Purim is observed on the fifteenth of Adar rather than the fourteenth. For individuals living in those cities, celebration on any day other than the fifteenth of Adar would not 'count'.

As mentioned in another post, the mitsvah of Matanot La'evyonim (gifts to the poor) is a dimension of the general commandment to rejoice on Purim. Thus, it must be performed at the time when that mitsvah is applicable - in some areas, this means on the fourteenth of Adar, and in other areas, this means on the fifteenth. Now, for those of us who live in the Diaspora: If we can be sure that our contributions will be distributed to the poor in Israel on the fourteenth of Adar, this would certainly qualify as a fulfillment of the mitsvah of Matanot La'evyonim. However, if the money is set aside to be distributed on the fifteenth of Adar, then the charitable giving no longer has any connection to our celebration of Purim on the fourteenth, and will not 'count' as far as the mitsvah of Matanot La'evyonim is concerned.

This being said, though, let's keep in mind that the giving of charity - whether locally, in the Land of Israel, or anywhere else - is always meritorious. We should not think exclusively in terms of the technicalities of fulfilling our Purim obligation. On the contrary, as Rambam states, "there is no greater and more wondrous joy than bringing happiness to the poor, widows, orphans and converts. For one who brings joy to the hearts of the less fortunate is compared to the Divine Presence." This applies at all times and in all places.

Gifts to Friends and the Poor

2006-03-09T16:00:00.000-05:00

Mishloah Manot and Matanot La'evyonim

Q: Regarding the mitsvah of sending gifts to friends and to the poor on Purim - can this mitsvah be fulfilled at night, or must it be performed during the daytime only?

A: Both the mitsvah of Mishloah Manot (gifts to friends) and Matanot La'evyonim (gifts to the poor) are halachically viewed as component parts of the mitsvah to rejoice on Purim. Through sharing food with our friends and providing for the needy, we add a dimension to their happiness as well as our own. The mitsvah to celebrate on Purim applies only during the day, not at night; this is why the festive Purim meal, for example, is specifically held on Purim day. Thus, if the mitsvot of Mishloah Manot and Matanot La'evyonim are to accomplish their objective of enhancing our Purim joy, they must be performed when the mitsvah to celebrate is in effect - namely, during the daytime.

Hand Washing

2006-02-22T11:58:00.000-05:00

Hand Washing
Q: Why do we only say the blessing of Al Netilat Yadayim on handwashing when we eat an egg's volume (kabetza) of bread, but not when we eat an olive's volume (kezayit)?

A: The basis for the washing of hands before eating bread is the practices of ritual purity that were observed in Temple times. Part of the routine of the Kohanim (priests) was that they washed their hands before consuming Terumah (holy food) in order to prevent the food from becoming impure. In order to perpetuate this concept, the rabbis instituted hand washing for all Jews whenever they eat bread. Now, according to the laws of purity that were observed in Temple times, only a piece of food that has the volume of an egg (or more) is capable of contracting ritual defilement. Since our practice of handwashing is derived from the laws of ritual purity, then, it would seem that it should also only apply to bread that is at least a kabetza in size.

At the same time, though, handwashing is part of our routine at every meal. Other aspects of our meals, such as, for example, the recitation of Birkat Hamazon (Grace After Meals) are totally unrelated to ritual purity. Eating as little as an olive's volume of bread is sufficient to obligate you in Birkat Hamazon.

In the mitsvah of handwashing, then, we have the convergence of two systems - the laws of purity and the laws of blessings - each of which has its own quantitative standards. On one hand, the rabbis made washing hands a part of the average person's eating routine and, in that framework, an olive's volume of bread is significant. On the other hand, the practice of washing is rooted in the laws of purity and, in that context, only an egg's volume of bread would 'count'.

More simply, we might ask the question: Is the law of handwashing meant to be related to the purity of the bread, as it was in its original context? Or did the rabbis, when incorporating handwashing into the daily routine of the Jewish people, adapt its standards to that new context and disregard the legal status of the bread?

Since we are unsure of the exact formulation that the rabbis had in mind, we only recite the blessing on handwashing when we are sure that it is obligatory, i.e., when we are eating at least an egg's volume of bread (approximately 54 grams).

If we plan to eat only an olive's worth of bread (approximately 28 grams), we wash our hands without a blessing. Some authorities recommend washing even for less than an olive's volume, but this is not required. For more details, see Shulchan Aruch Orah Hayim 158, as well as the commentary of Mishna Berurah.

Rabbi Maroof

2006-02-19T18:10:00.000-05:00

Kemach Yashan II

Rabbi Dr. Rubin posed a follow-up question regarding kemach yashan in the "Comments":

Q: If I want to follow yashan, where can I buy grain products that are yashan?

A: The answer to this question is somewhat complicated. First of all, it is important to emphasize that the law of yashan only applies to the "five grains". So fruits, vegetables, rice, etc., are not subject to this rule.

Proper observance of yashan requires some "know-how". The easiest case to handle is when a bakery or establishment advertises that it uses kemach yashan, or when a product's label indicates that it is made from kemach yashan. More often than not, though, we need to investigate more thoroughly to determine what is or is not problematic vis a vis the prohibition. Here are some rules of thumb:

- All products manufactured in Israel under ANY rabbinical supervision are always made from kemach yashan.

- 'Cake flour' may be presumed to be yashan. If you are shopping in a bakery that offers a selection of cakes and cookies, ask for items that are made with cake flour only (no bread flour).

- Products made from matza meal only (as long as it is not whole wheat) are presumed to be yashan.

- When it comes to oats, when in doubt one can be lenient. The reason for this is that the status of oats as one of the five grains is a matter of dispute (Maimonides, for example, does not recognize oats as one of the five grains). We are stringent on Passover about avoiding oats, and, if we have definite information, we should be stringent regarding yashan too. However, if information about a specific product containing oats is not readily available, the oats can be assumed OK for yashan purposes.

The best advice I can offer you is to order the "Guide to Chodosh", a resource booklet on the laws of yashan that is distributed each year in three installments. The cost is minimal ($15). The rabbi who prepares the guide also manages a "Chodosh Hot Line" where updated information is made available and detailed questions may be asked.

In addition to a general overview of general concepts and issues relevant to yashan, the Guide gives information regarding specific products and their "cutoff dates" for yashan. For example, it tells you how to read a given box of cereal or pasta and determine when it was made and, by extension, whether it poses any problems. Overall, it is an excellent source of information, extremely helpful.

Observing yashan may seem overly difficult because it imposes an additional restriction and limits our freedom to enjoy food. However, with the help of the data that it provides, the Guide enables us to purchase almost any kind of product at any time of the year and to remain faithful to the mitsvah. It makes adherence to the law of yashan much more accessible and user-friendly.

It should be noted that the Guide is also interspersed with halachic rulings and opinions that represent the author's view or that of his rabbis. So, while the Guide is a reliable source of factual information, it is still important to consult your own rabbi regarding halachic principles and applications.

Rabbi Maroof

Chalav Yisrael and Kemach Yashan

2006-02-19T13:12:00.000-05:00

Q: Is it correct to say that Sephardim in the US do not have to keep Chalav Yisrael (as Moshe Feinstein says) but do have to keep yashan?

- Harpaul Kohli

A: As a matter of clarification for the readership, let me define the terms you used. Chalav Yisrael means milk produced under Jewish supervision, as opposed to milk which, though it may be from a kosher animal, was not supervised. Kemach yashan literally means 'old grain'. The Torah tells us that we must not eat grain from the current year's harvest until Passover. A simple way to remember this is to imagine that newly planted grain must celebrate Passover at least once before it becomes permitted. So we are told to continue to eat grain that was planted before last Passover until the next Passover comes around and permits the 'new grain', or 'chadash'. Some later halachic authorities maintain that this prohibition applies only in the land of Israel and that, therefore, it would not hold in the US.

In response to the first part of your question: It is more accurate to say that Chalav Yisrael is not a specifically Sephardic issue. The requirement to eat chalav Yisrael is equally applicable to everyone, but it is up to our poskim (rabbinic decisors) to determine the parameters of the prohibition. As you mentioned, Rabbi Moshe Feinstein maintained that the reason for the institution was purely practical - we needed to make sure that the farmers were not mixing, say, pig milk into the cow's milk they were selling. Since nowadays government regulations serve to keep the dairy industry in check and protect us against the occurence of fraud and/or tampering, Rabbi Feinstein argued that we need not demand actual Jewish supervision anymore. This is not a matter of Sephardic vs. Ashkenazic practice, it is simply a question of the interpretation of a concept in Jewish law. Some Ashkenazic rabbis may take a more conservative approach, viewing the Jewish-supervision requirement as absolute and not subject to change, and some Sephardic rabbis may agree with Rabbi Feinstein's more lenient position. So one should follow one's personal rabbi regarding this matter.

Regarding kemach yashan, the answer is simpler. The hallmark of Sephardic tradition is our acceptance of the rulings of Rav Yosef Karo, also known as the Bet Yosef. In his classic code of Jewish law, the Shulchan Aruch, the Bet Yosef unequivocally states that the law of kemach yashan applies both inside and outside of Israel. See Shulchan Aruch Orah Hayim 489:10 and Yoreh Deah 393

Ask The Rabbi

2006-01-30T11:54:00.000-05:00

E-Mail Address for Questions
Please send your questions to askrabbimaroof@yahoo.com. They will be read and posted by one of the contributors, and an answer will appear in the "comments".

Kaddish Question

2006-01-25T16:53:00.000-05:00

Dear Rabbi:
I can't get to synagogue for all the prayers, how many times a day do I have to say Kaddish. The first month, the entire year and during the week of Azkara, and on the ''Yahrtzei"