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Parashat Tzav

Adar II 16 5776

Megillat Esther, Then Matan Torah

by Rabbi Steven Finkelstein

March 26, 2016

Vol. 25 No. 26

Kabbalah, then how would the new Kabbalat HaTorah following

Purim help? After all, the Jews were in a desperate situation, and
it looked like all was lost. Suddenly, VeNahafoch Hu, everything

The Gemara (Shabbat 88a) explains that the Jewish people at

turned around, and Hashem saved us. Out of immense joy and

Har Sinai were forced, or compelled, to accept the Torah. In the

relief, we agreed to accept the Torah. Although the emotions

words of the Gemara, God suspended a mountain over their heads

following Purim were joy and relief, as opposed to fear and awe,

and told them to either accept the Torah, or else Har Sinai would

arent we faced with the same dilemma?

be their burial place.

Rav Lamm explains that Purim played out in a much slower

In the opinion of Rav Acha bar Yaakov, this coerced

and hidden fashion than did Matan Torah. Each twist and turn in

acceptance was fundamentally flawed and incomplete. In fact, he

the Megillah could be written off as a coincidence. It is only when

suggests, had this acceptance been the only time the Jews accepted we take the time to think about the events of the Megillah that the
the Torah, then Modaa Rabbah LeOraita, meaning that anytime hand of Hashem is revealed. This unfolding of the story prevented
God would question a Jew about breaking his commitment to keep

the Jews during the times of Mordechai and Esther from being

the Torah, the Jew would have a strong excuse. He could tell the

emotionally blown away, and it enabled them to consider all

Ribbono Shel Olam that he never really accepted the Torah; rather,

options and then decide with clarity and conviction that they did

he accepted the Torah only because he was forced to do so.

want to accept the Torah.

In exploring the idea that God held a mountain over Am

It might be for this reason that Rav Avigdor Nebenzahl

Yisrael and coerced them to accept the Torah, one can explain that

suggests that Purims being celebrated on the 14th of Adar, the day

the fear and awe that Bnei Yisrael were experiencing were so after the victory, illustrates that the celebration is not about the
overwhelmingly emotional that they could not think rationally or victory but the result of the victory. Following Purim, the Jews
consider whether they did or did not want to accept the Torah. The

thought and considered all of their options, and only then they

only thing they could do was to instinctively answer, yes we

accepted the Torah.

accept.

Following Purim, we have a unique opportunity to reflect on

It was for this reason that the Gemara goes on to say that Af the Torah and to consider the role that it plays in our own lives.
Al Pi Chein, Hadar Kibeluhah BiYemei Achashveirosh, meaning that Then, we will hopefully reaffirm the commitment that was made
even though the original acceptance was flawed, due to the in the days of Achashveirosh and willingly accept the Torah.
overwhelming feeling following the miracle of Purim, the Jewish
people reaccepted and strengthened their commitment to the
Torah. This second acceptance made the Torah fully binding for all
Jews.
Rav Norman Lamm asks a very strong question on this
approach. If an overwhelming emotional experience like Har Sinai
could remove their ability to think rationally and make a real

Sincere Service
by Aryeh Brusowankin (18)
In Parashat Tzav, we read about the anointing of Aharons
sons as Kohanim and the inauguration of the newly completed
Mishkan. When describing the inauguration of the Mishkan, the
Torah states, VaYechatei Et HaMizbeiach, VeEt HaDam Yatzak El
Yesod HaMizbeiach, VaYekadesheihu Lechapeir Alav, And he

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purified the altar, and poured out the remaining blood at the base
of the altar, and sanctified it, to make atonement for it (Vayikra
8:15). Rashi (ad loc. s.v. VaYechatei Et HaMizbeiach and Lechapeir
Alav) answers two potential questions. First, if the Mishkan was
brand new, why did it need to be purified what part was impure

K
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that required purification? Secondly, what happened to the

Hashem could have accepted the forced donations, since they were

Mishkan that, at its inauguration, Moshe had to purify it, not really stolen, but as is evident from Yeshayahu, Hashem does
sanctify it, and provide atonement? The process of not want stolen donations; therefore, Moshe was forced to bring
inaugurating the Mishkan is perplexing, and it appears that

atonement for them. We see that Hashem wants only the donations

crucial context is missing.

that were given out of love and desire to be close to Him, and not

Rashi adds in the missing context and explains that those given out of anguish. In the merits of Moshe and the Jews of

T
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when the Torah writes that he purified the altar, the Pasuk his generation, may we be Zochim to have the courage to serve
means that Moshe purified the altar to let it enter into a state

Hashem out of love and desire, and not out of fear.

of holiness. Rashi further explains that to make atonement

for it does not refer to atonement for past transgressions,

Morality and Mamzeirut Part Four

but rather it means that Moshe sanctified the altar so that

by Rabbi Chaim Jachter

future Korbanot brought as atonements could be brought on

the Mizbeiach (such as Korbanei Chatat or Olah).
Ramban is also perplexed by the wording of the Pasuk,
but he suggests an alternative approach. Ramban (ad loc.

P
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VaYechatei Et HaMizbeiach) quotes the Sifra as saying that

Moshe actually brought a Korban for atonement. To
understand why Moshe was bringing a Korban, one must
look back at the building of the Mishkan. When the

Introduction
In our previous issue, we presented limitations regarding the
practical application of Mamzeirut throughout the generations,
which were implemented by Chazal and continue to be applied by
modern Posekim such as Rav Moshe Feinstein and Rav Ovadia
Yosef. In this weeks issue, we will conclude our discussion on the
morality of Mamzeirut and begin with a review of Rav Ovadia
Yosefs rulings regarding this area of Halachah.

construction of the Mishkan began, everyone in the camp

was asked to contribute to the building of the Mishkan. Rav Ovadia Yosefs Rulings Regarding Mamzeirut
While Rav Moshe served as the primary address for resolving
While most contributed out of their own volition, there were
some who were pressured into contributing and therefore

questions of Mamzeirut in the United States, Rav Ovadia Yosef

contributed not out of their desire to do so.

served this role in Israel. In a ruling Rav Yosef issued as a judge on

While this may have been unfortunate, this sin does not

Israels Rabbinic Court of Appeals (Teshuvot Yabia Omeir 10 Even

seem so terrible that Moshe Rabbeinu would have to atone

HaEzer 13), he presents the reason the Rabbinic Court of Appeals

for it. To understand this, we need to explore what rejected the ruling of a District Beit Din and rejected DNA as
happened when the donations to the Mishkan were given. evidence of paternity.

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The reason that Moshe had to atone was that the money

Rav Ovadia explains that just as the consensus view among

given by those people who were pressured to do so was Dayanim is to consider blood tests inadmissible evidence in Beit
considered stolen, as it was not given willingly. While this is Din, so too Dayanim should reject DNA tests as proof in Beit Din.
a fine answer, it still does not explain why money donated

In this ruling, Rav Yosef closed the floodgates of Mamzeirut that

under pressure and considered stolen would require Moshe could have opened as a result of the acceptance of DNA as
to bring atonement for those who gave the stolen money. In

evidence of paternity1. Rav Yosef applies the Gemaras principle of

Yeshayahu (61:8), we find the answer: Ki Ani Hashem Oheiv Rov Beilot Achar HaBaal even against DNA evidence2. This has
Mishpat Soneih Gazeil BeOlah, For I am Hashem, who loves become the accepted practice of Israels chief rabbinate.
justice, and hates theft in burnt-offering. From this Pasuk,

Another major ruling of Rav Yosef is a long response

we see that Moshe is forced to bring an atonement since

(Teshuvot Yabia Omeir 8 E.H. 12), written at the behest of the

Hashem hates theft, and those donations that were given Ashkenazic Chief Rabbi Yehuda Unterman, permitting marriage
under pressure are considered stolen.
of non-Karaite Jews to Karaite Jews. Karaites are a sect of Jews who
While there are many less ons that can be learned from
this saga, the one that stands out is that Hashem wants us to

more than one thousand years ago broke from mainstream

Judaism, arguing that only the Written Torah is binding.

serve Him out of our own desire, not out of someone else's.
1

For a longer discussion of this issue, see Gray Matter 3:168-181.

Rav Yosef Shalom Eliashiv issued a similar ruling (Kovetz Teshuvot

1:134).

Halachic concerns for Mamzeirut have arisen in connection

fact that the mothers first marriage was conducted by

with the Karaites because, while their form of Kiddushin

a Conservative rabbi. Rav Schwartz ruled that this rabbi

(marriage) may be valid according to Jewish law, their method of

was Halachically an invalid witness due to his

divorce does not accord with Halachah, as their Get is not in the

membership

form set forth by Chazal. Accordingly, a Karaite woman divorced

Conservative rabbinic organization), despite the fact

by a Get administered by a Karaite court is not properly divorced

that the rabbi observed Jewish law4and told me that he

and remains a married woman, so any child she bears to another

believed in Rambams thirteen principles of faith, in

man whom she marries on the basis of a Karaite Get is a Mamzeir.

accordance with Rav Moshe Feinsteins ruling that we

Since it is impossible to determine who, throughout the

in

the

Rabbinic

Assembly

(the

presented in our prior issue.

generations, remarried on the strength of such invalid divorces,

In another case, Rav Schwartz ruled leniently

Rema (E.H. 4:37) casts the suspicion of possible Mamzeirut on all

regarding a woman who told me that her mother

members of that community. Radbaz (Teshuvot 73 and 796),

remarried without a Get. The daughter reported that

however, did permit marriages between Karaites and Rabbinate

Jews on the grounds that the Kiddushin of the Karaites are also
invalid according to Halachah, as they are deemed to have taken
place without witnesses. Karaite witnesses of the Kiddushin are
disqualified according to Halachah due to their heretical views and
observance of Yamim Tovim on the wrong dates3. Thus, according

her mother told her that she had married in a secret 5

Chuppah in Vilna during the early 1970s and then
subsequently remarried another man without having
was from the second marriage and wondered if she was
a Mamzeret.
Rav Schwartz, in response, invoked the Gemara

married, divorced, and then remarried in accordance with Karaite

(Yevamot 47a) which relates the following incident: A

practice, since she is regarded as never having been married at all.

man who was accepted as a legitimate convert in the

Rav Ovadia Yosef argues at length in support of Radbaz

Jewish community confided to Rabi Yehuda that a Beit

ruling, and his ruling has been adopted by Israels chief rabbinate.

Din was not present at the time of his conversion (and

In a similar fashion, Rav Yosef ruled that Ethiopian Jews are not

therefore his conversion is invalid). Rabi Yehuda asked

considered Mamzeirim, despite the fact that their Gittin did not

if there were witnesses who could corroborate his

conform to Halachah (Teshuvot Yabia Omeir 8:11).

assertion. The gentleman responded no. Rabi Yehuda

asked if he had children. The man answered yes. Rabi
Yehuda then said, You are believed to disqualify
yourself but not your children.

by its predecessors. Rav Gedalia Schwartz, the Av Beth Din (chief

Rav Schwartz noted that if the mother had no

justice) of the Beth Din of America and the Chicago Rabbinical

witnesses to support her claim that she was married

Council, continues in the path set by Rav Moshe. Rav Schwartz, a with a Chuppah, then she lacks Halachic credibility
true paradigm of an extraordinary Torah scholar, an exemplary

regarding her daughters personal status. Moreover,

Yerei Shamayim and gentleman of the highest order, is often called Rav Schwartz explained that it was highly unlikely for
upon to adjudicate potential situations of Mamzeirut. I have posed

a Chuppah conducted in Vilna in the early 1970s to

at least a dozen such questions to him in the past twenty years.

have been performed in accordance with Halachah.

Rav Schwartz rules in the tradition of Rav Moshe Feinstein

Thus, Rav Schwartz concluded that the daughter was

regarding Mamzeirut (as well as other areas of personal status). In not a Mamzeret6.
one memorable case, Rav Schwartz spared two children from the
In Israel, former Sephardic Chief Rabbi Rav Shlomo
status of Mamzeirut (their mother married the childrens father
Amar and Rav Asher Weiss continue the tradition of
without having received a Get from her first husband) based on the
3

Karaite Jews did not accept the set calendar established by Hillel. Instead
they still establish the months by witnesses sighting the new moon.

received a Get from her first husband. The daughter

to Radbaz, Mamzeirut is not attached to a child of a woman who

Continuing the Tradition Rav Gedalia Dov Schwartz, Rav Shlomo

Amar and Rav Asher Weiss
The newer generation of Posekim has continued in the path set

Religious ceremonies were forbidden in the former Soviet

Union.
6 Rav Moshe Feinstein (Teshuvot Igrot Moshe Even HaEzer 4:22
and 24) rules similarly in comparable circumstances.

Rav Ovadia Yosef. Examples of Rav Amars rulings in regards to

Gods law to the best of our ability, while at the same time try to be

Mamzeirut may be found in his Teshuvot Shama Shelomo (4:E.H.

kind and sensitive to peoples needs. We must and do take

2 and 6 and 5:E.H. 5), and examples of Rav Weiss approach to

extraordinary pro-active steps to avoid Mamzeirut8 and leave no

Mamzeirut appear in Teshuvot Minchat Asher (1:72-75).

stone unturned in our efforts to resolve questions of Mamzeirut.

Our moral conscience drives us to strive to discover that

When a Solution is Unavailable

Although Chazal and later Posekim have attempted to limit

someone is not a Mamzeir whenever it is Halachically justifiable to

Mamzeirut, they did not entirely eliminate its application. See, for

do so. However, just as not every physician is able to cure every

example, Teshuvot Igrot Moshe (Even HaEzer 1:53), where Rav

patient and must bow to the divine decision, we are not always

Moshe was unable to avoid ruling that a certain individual is a

able to find a Halachic basis to relieve someone of the status of

Mamzeir. Rav Moshe was presented with the following tragic

Mamzeirut. We wholeheartedly share the approach of Rav Dr.

question: A husband had refused to give a Get to his wife, and the Wurzburger that Compliance with the demands of the highest
woman subsequently remarried in a civil ceremony and had a child possible moral authority, which combines omnibenevolence and
with her second husband. A rabbi proposed to Rav Moshe that omniscience, is bound to lead to the best possible consequences,
perhaps the child is not a Mamzeir, because the couple engaged in even in situations where divine imperatives clash with our
intense fights and the husband was incarcerated immediately ordinary ethical rules that generally bring about the greatest
following the first marriage. The rabbi proposed that the first good.
marriage should be considered invalid because had she known
that her husband woul d engage in such serious misbehavior, she
never would have married him. Rav Feinstein rejected this
proposal as untenable and ruled that the child is certainly a
Mamzeir. Rav Feinstein wrote that the proposal is "certainly
incorrect because any problem that arises subsequent to the
marriage cannot serve as a reason to view the marriage as having

Editors-in-Chief: Hillel Koslowe, Yehuda Koslowe

been entered on a fraudulent basis."

Executive Editor: Yosef Kagedan

Rav Yosef Dov Soloveitchik is quoted as clarifying (in a speech

Publication Editors: Moshe Davis, Tani Greengart,

which is presented in Jewish Action Summer 2011) that Judaism

Binyamin Jachter

has historically been and continues to be responsive to the needs

Publishing Manager: Eitan Leff, Avi Roth

of both the community and the individual. However, the Rav

Staff: Shmuel Bak, Eli Englard, Avi Finkelstein, Gabe

taught, Judaism has its own orbit and its own speed, and it

Greenberg, Zack Greenberg, Shlomo Kroopnick, Zach

responds to a challenge with its own criteria and principles. The

Lent, Meir Lightman, Shai Rosalimsky, David

Rothchild, Yehuda Saks

Rav followed the rabbinic traditions of his grandfather, Rav

Rabbinic Advisor: Rabbi Chaim Jachter

Chaim, who believed in striving for leniency based on the personal

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needs of the inquirer. However, even Rav Chaims skills had limits.
When you reach the boundary of Halachah beyond which you dare
not pass, you must say, I surrender to the will of the Almighty 7.
Conclusion
The issue of Mamzeirut weighs very heavily on those involved

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This publication contains Torah matter and should be treated accordingly.

with matters of personal status, such as Get administrators. It is our

responsibility to on the one hand honor and ensure fidelity to

There have been, similarly, some situations which I have

submitted to Rav Gedalia Schwartz where he was unable to arrive
at a lenient ruling. In addition, a number of years ago I was
notified by the London Beth Din that a particular woman was a
Mamzeret.

Extraordinary examples of this are the Rabbanim who travel throughout the
world to ensure that all who need Gittin have their needs settled in
accordance with Halachah.