vru, kue May 19-22, 2010 Vol. 19 No. 31 Megillat Rut: A Story of Chesed easily remark, was that really so special an occurrence that the Torah should have to spend so many seemingly extra words on it?’ by Yaakov Schiff Answers HaKadosh Boruch Hu: ‘Why, absolutely!’ The Torah Every year on Shavuot Ashkenazic Jews read Megillat Rut. We mentions every single Nassi’s Korban individually just to teach us the read about Elimelech and Naomi, about Rut and Orpah, about Rut’s extraordinary value of simple, everyday Chesed. active choice to follow her widowed mother-in-law, and about her Keeping this in mind, one may now respond with resounding eventual reward by way of the benevolent Go’el, Boaz. certainty to the questions raised earlier about the significance of This is a beautiful episode, but every year, we are faced with a Megillat Rut. The fundamental objective of Megillat Rut is indeed no perplexing difficulty: Megillat Rut seems to be puzzlingly simplistic. more or less than teaching the value of, and the reward given for, One may easily read the four Perakim of this Sefer and understand Gemilut Chasadim; the primary theme of this Sefer, central and the Peshat more or less completely, yet come away with little to no crucial to its message, is simply normal, everyday Chesed. For all its understanding as to the purpose of this Sefer in Tanach, let alone seeming simplicity, Megillat Rut conveys a remarkable lesson about why it is read every year on Shavuot. What is Megillat Rut but a nice the power of everyday actions, and of the importance and story about the lives of a few obscure characters? What real relevance significance of acting “Lifnim MeShurat HaDin”, above and beyond does this narrative bear to the rest of Tanach other than its mention of the letter of the law. What emerges from this story is a message not the lineage of David HaMelech at the very end of the sefer? What only worthy in and of itself, but essential to all of Torah and Yahadut. special message lies in this Megillah that has any special significance The reader of this Megillah is left with an inspiring, astounding relative to Zeman Matan Torateinu? There seems to be nothing message that these everyday righteous actions are in fact the essence extraordinary detailed in these Pesukim; there is only a tale of of Torah and Yahadut. As Rabbi Chaneles explained in the name of essentially ordinary people acting in a just and proper manner. Rav Taragin of Yeshivat Har Etzion, the ideals that we as Jews pursue Indeed, Rav Zeira, as quoted in the Midrash Rabbah on Megillat Rut, do not require us to act as “superhumans,” but rather as “super- states that this Megillah contains neither purity nor impurity and humans,” acting in a just and proper manner. teaches neither about any Issur nor Heter, neither prohibition nor Specifically on Chag Shavuot, when we celebrate the anniversary permission; in fact, the only reason why this Megillah was even of Matan Torah, it is important that we hear Megillat Rut to remind written, he claims, was to teach about the reward given to Gomlei us that Yahadut is not all about Ma’amad Har Sinai and Gilui Chasadim, those who do acts of kindness. Can this truly be all that Shechina, but about regular, everyday Midat Chasidut and Chesed. Megillat Rut is about? Is this really reason enough to include it as one Our job is Chesed and Ma’asim Tovim; in the merit of our actions, of the Sifrei Kodesh of Tanach—and to feature it prominently as a Hashem will provide the Nissim and Niflaot. special part of our Shavuot experience? In order to arrive at an answer to these questions, one need not The Ultimate Berachah look any further than this week’s Parashah, Parashat Naso. There are by Jonathan K arp several important topics discussed in Naso, from the laws pertaining In Parashat Naso, Hashem presents three blessings, known as to Sotah to the special priestly blessing, the Birkat Kohanim. Yet, Birkot HaKohanim, that the Kohanim recite every day during among all of these topics, there is one topic that stands out, one that Davening. The individual Berachot are (BeMidbar 6:24-26), takes up a very large part of the Parashah. This, of course, is the “Yevarechecha Hashem VeYishmerecha; Ya’eir Hashem Panav section detailing the Korbanot brought by the Nissi’im, the heads of EilechaViChunekah; Yisa Hashem Panav Eilecha VeYaseim Lecha each tribe, at the Chanukat HaMishkan, the dedication of the Shalom.” “Hashem will bless you and watch over you, Hashem will Mishkan. The reason why this portion is so lengthy is because the shine his face upon you and give you grace, Hashem will lift up his Torah details every single Korban individually, despite the fact that face to you and give you peace .” The number of words in each Pasuk every Korban is exactly the same as the others. The question has often and Berachah increases progressively from three to five to seven. The been asked why this might be; why should the Torah go out of its same progression can be seen in the content of the Brachot, as each way to mention the same gift twelve times over? We know that the Berachah adds an additional element of Hashem’s blessing. Torah does not waste words. One celebrated answer that has been The first Berachah, as explained by Abarbanel, is focused entirely given is that every Nassi purposely chooses to make the same exact on practical needs. The word “VeYishmerecha” refers to the material contribution as all the others who had come before him. Why? possessions that Hashem will provide for us. The second Berachah, in Simply because they all understand that if one Nassi is to offer more direct contrast to the first one, is a completely spiritual Berachah. As than the Nassi who came before him, he would compel all of the Sforno explains, this Berachah refers to the idea that Hashem will Nissi’im after him to continue raising the standard, thereby forcing grant us understanding of the Torah. The third Berachah is the the final Nassi to contribute an enormous amount of money! ultimate blessing, a combination of the first two, granting both Therefore, out of regard for his fellow leaders, each Nassi chooses to physical and spiritual gain. However, the beginning of the third give the same exact offering as the Nassi before him. Now, one might Berachah seems problematic. How is “Yisa Hashem Panav Eilecha” arises is, how can we have a concept of dairy on Shavuot when we any better, if not any different from, “Ya’eir Hashem Panav are told that meat is a food for facilitating Simchat Yom Tov? Eilecha”? Rashi (ad loc., “Yisa Hashem Panav Eilecha”), quoting The most noted source for this concept of meat on Yom Tov is BeMidbar Rabbah, explains that “Hashem lifting his face” means found in the Gemara (Pesachim 109a), where Rabi Yehuda ben that He is suppressing His anger. The word “Panav” in this context Beteira comments that in the time of the Beit HaMikdash, there was represents a face of wrath. no Simcha without meat, but that in today’s time, we are forced to However, this explanation still poses a problem. If the use wine. This source supports the concept of dairy meals, as meat is Berachah refers to Hashem suppressing his anger, it would have seen to be optional for our current unfortunate circumstance. negative connotations, as opposed to the Berachah before it, which The Yam Shel Shlomoh agrees with this, commenting that while has positive connotations. Rashbah explains that “Panav” does not meat is still the preferred method for Simcha, meat was obligatory on always have to imply anger, but it can imply any emotion, either Yom Tov only during the time of the Beit HaMikdash, where not only positive or negative. Therefore, the third Berachah is not necessarily did we have meat but also Korbanot to Hashem. Furthermore, he negative. explains that unlike in today’s time, there was no wine at the meals, The word ‘Panav’ can also be explained as showing favor. In and therefore our drinking of wine replaces the mandate of meat. Masechet Rosh Hashanah (17b), a Giyoret is quoted as asking This too supports our practice of eating dairy. Raban Gamliel about an apparent contradiction between two However, the Torah Temimah offers an alternate interpretation phrases. In Birkot HaKohanim, “Yisa Hashem Panav Eilecha” of the Gemara noted above. He states that based on the wording of means that Hashem will show you favor, while elsewhere “Asher the Gemara, which uses the word Basar, meat in general, and not Lo Yisa Panim VeLo Yikach Shochad” refers to the prohibition specifically Shelamim, meat of a Korban, the Gemara’s intent is to against showing favor in judgment. Rabi Yosei HaKohein explains include all meat, even Chullin, in a time in which one is unable to to her that “Lo Yisah Panim” involves transgressions between give Korbanot, such as today. people while “Yisa Hashem Panav Eilecha” involves transgressions Considering this, our original question still stands. However, the between us and Hashem. This seems to imply that Hashem cares Beit HaLevi offers a compromise that would solve this dilemma. He more about man’s honor than His own honor. explains that on Shavuot, one should make sure to have a meal of There is a similar discussion in a Midrash in BeMidbar Rabbah. dairy as well as one of meat. He explains that according to the The Midrash also asks why the Torah contradicts itself, and the Midrash, when Hashem gave Bnei Yisrael the Torah, the Malachim Midrash answers that the word ‘Panim’ refers to partiality. complained about giving such an epitome of holiness to mankind. Although partiality is forbidden in court, Bnei Yisrael do show Hashem responded to them that Bnei Yisrael were indeed worthy of Hashem partiality, and in return, Hashem shows them partiality. In the Torah over the Malachim, citing the Malachims’ visit to Avraham, what way do Bnei Yisrael show Hashem partiality? The answer lies where they ate milk and meat together - a practice from which Bnei in something we do every day: Birkat HaMazon. Although the Yisrael are stringent in abstaining - and are therefore deserving of the Torah states (Devarim 8:10) “VeAchalta VeSavata UVeirachta” Torah. Therefore, on Shavuot, we eat both milk and meat to fulfill the “And you shall eat and be satisfied, and you shall bless Hashem,” Zeicher aspects of milk, the Simcha of meat, and the bridging of the we show partiality towards Hashem by thanking Him after eating two through the impetus of Matan Torah. even if we are not fully satisfied. Since Bnei Yisrael act beyond the May we all be able to learn from this lesson and commemorate letter of the law, Hashem goes beyond the letter of His law by this Simcha of Yom Tov and the receiving of the Torah this Shavuot granting Bnei Yisrael undeserved forgiveness. Therefore, the third and all Yamim Tovim to come. Berachah, in which Hashem acts to a further extent to show favor towards Bnei Yisrael, is greater than the second Berachah. Bittul Geirut (Nullification of a Conversion) Rav Shimshon Rephael Hirsch explains that the third Berachah represents the climax of all of the Berachot. The physical and – Part Two spiritual gains of the first two Berachot lead to the third Berachah. by R abbi Chaim Jachter This Berachah speaks of the nearness of Hashem to us, the ultimate With great trepidation we begin to present the great debate of blessing. Hopefully, we will all be Zocheh to recognize these 2008 between two of the greatest Dayyanim (rabbinic judges), Rav blessings in our lives this Shavuot and in the future. Shlomo Dichovsky and Rav Avraham Sherman, regarding nullification of conversions. The trepidation stems from not only the Milk or Meat? great respect owed to these outstanding Rabbanim but also from the by Chaim G artenberg profound implications of this debate. In this column, we have presented quite a number of debates between Rav Dichovsky and On Shavuot, one of the most celebrated and well known Rav Sherman on issues of major importance. Nonetheless, this Minhagim is that of eating dairy products on the Chag. Less known particular debate does not impact only the Jewish status of a mother are the reasons behind this practice. and her children in the Ashdod area but also thousands of The Ramah explains that it is a custom to eat dairy on Shavuot, individuals who have converted through the special conversion as the Mishnah Berurah cites the famed explanation that Bnei courts established by the Israeli Chief Rabbinate. Thus we begin our Yisrael did not have the time to Kasher their utensils and prepare discussion of this matter with full awareness of sensitivities to the meat according to Halacha, and therefore they ate dairy. variety of opinions regarding an issue that has great impact not only However, the concept of Simchat Yom Tov is also key to the on our generation but on generations to come. discussion of milk or meat on Yom Tov. The Meshech Chochmah goes as far as to say that a Jewish Holiday without explicit Simchah The Special Conversion Courts on it is like learning Torah without intent to apply it. Furthermore, The great immigration from the former Soviet Union to Israel meat is noted in several sources, most prominently by the Alshich, beginning in the late 1980’s has given rise to an enormous social and as being a direct correlation to this Simchah. A question that then Halachic problem. A great number of these immigrants are either not Jewish or only possibly Jewish. They were granted Israeli citizenship though he/she did not observe Mitzvot either before or after the under Israel’s Law of Return, which grants automatic eligibility for conversion. Rav Dichovsky writes, “Anyone who has been present citizenship even to one who is married to a Jew and even to one who at one time at a conversion is aware that it is a very emotional has only one Jewish great-grandparent. The situation of these experience for all those in attendance, especially, of course, for the immigrants is particularly difficult, given that Israel is a Jewish State, convert. It is very likely that in that emotion of the moment of and, therefore, they wish to convert to Judaism. Many also regard immersion that indeed she was fully committed to Torah observance themselves, out of sheer ignorance of Torah, as “Jewish” before they and only later did she veer from the [Torah] path.” moved to Israel, and they very much wish to be regarded as Jewish Rav Dichovsky (following Rav Kook, Teshuvot Da’at Kohein by mainstream Israeli society. The problem is that most of these number 153, cited in last week’s essay) even proves his argument people do not wish to be observant of Torah law, which creates a from the fact that the entire Jewish People converted at Mount Sinai, serious Halachic problem. as stated by the Rambam (Hilchot Issurei Bi’ah 13:1-3). This We noted in an essay archived at www.koltorah.org that the conversion was recognized as valid by none other than Hashem, overwhelming majority of classic and modern Halachic authorities even though we (or at least some of us) worshipped the Eigel view Kabbalat Mitzvot, acceptance of Mitzvot, as a non-negotiable HaZahav only forty days after that great moment! component of conversion. Thus, converting people who are not Rav Sherman’s Criticism committed to observing the Torah and its commandments constitutes Rav Avraham Sherman strongly rejects Rav Dichovsky’s a very serious problem. In an attempt to ameliorate this difficult approach. He argues, “The test of Kabbalat Mitzvot is not measured situation, Israel’s chief rabbinate established special rabbinic courts by that moment he makes the oral declaration that she accepts the for conversion. According to media reports, the goal of these courts Mitzvot, as Rav Dichovsky states. The true test is the factual was to facilitate large-scale conversion of non-Jewish citizens of the circumstances, the lifestyle of the convert before the moment of State of Israel by somewhat relaxing the requirements of Kabbalat immersion. Her shared life Mitzvot. with a man who is removed The Ashdod Case of 2007 Remez HaShavua by Neil Bodner from Torah and Mitzvah According to media The Mishnah (Avot 6:2) states, “ שאין לך בן חורין אלא מי שעוסק observance and her living in a reports, a convert and her בתלמוד תורה,” “A man is truly free only if he is involved in Torah society that does not observe Jewish-born husband were study.” The Sefat Emet explains that Judaism’s set of laws is not Torah and Mitzvot, reflect divorced according to a set of restrictions but a release from the physical inclinations what occurred at the moment Halachah but were denied a of the material world, and that is true freedom. The Sefer of acceptance of Mitzvot. rabbinic court ruling that the HaChinuch (Mitzvah 306) explains that during the Sefirah period, There is no logic and one couple were divorced. The we count the days until Shavuot like a slave waiting to be freed, cannot even consider removing rabbinic court is reported to as we are waiting to be freed through Kabbalat HaTorah. The that specific moment from the have ruled that it is highly Jews who came out of Mitzrayim were amazed at the tremendous continuum of a secular lifestyle questionable if the woman amount of freedom they just received. Hashem then gave them devoid of a religious life of (and her children) was Jewish, the Torah, as if to remind them what true freedom is. Torah and Mitzvot and declare and, therefore, they were not The Remez: The phrase שאין לך בן חורין אלא מי שעוסק בתלמוד תורה that at that moment there was a granted the document. The has the Gematria (numerical value) of 2448, the exact year revolutionary movement of rabbinic court went as far as to (counting from the creation of the world) our Jewish nation was entering the Jewish religion, its call into question all of the freed from Mitzrayim and immediately given the Torah. principles, beliefs and Mitzvot, conversions administered by when a moment after the the special conversion authority due to the claimed lack of Kabbalat conversion there is no expression and actualization of the religious Mitzvot of the majority of those whom they converted. The ruling movement that occurred as it were in her heart.” went even further, arguing that the Dayyanim who sat on these Rav Moshe Feinstein’s Ruling rabbinic courts were disqualified to serve as rabbinic judges due to Interestingly, Rav Moshe Feinstein (Teshuvot Igrot Moshe Even their adopting a lenient standard regarding Kabbalat Mitzvot. Thus HaEzer 3:4) grappled with this issue in a 1968 ruling regarding a the Ashdod Beit Din called into question the validity of a conversion situation in Winnipeg, Canada. A non-Jewish man was converted, in which the individual, in fact, did commit to a Torah observant life apparently by an Orthodox rabbi, and married a Jewish woman in and indeed lived as an observant Jew since the conversion. The basis an apparently Orthodox ceremony. The rabbi, however, did not of this ruling is the requirement for the presence of a Beit Din during require a Berit Milah, since the man had already been circumcised. a conversion (Yevamot 46b and Shulchan Aruch Y.D. 268:3). This stands in contradiction to Halachah, which regards this as an Rav Dichovsky’s Approach unresolved matter of dispute and thus requires ritual removal of The woman appealed the Ashdod Beit Din’s ruling to the blood (Hatafat Dam Berit) in order to avoid the dispute (Tosafot rabbinic court of appeals in Jerusalem. Rav Shlomo Dichovsky, a Shabbat 135a s.v. Lo Nechleku and Shulchan Aruch Y.D. 268:1). The long time member of this special Beit Din, ruled in a number cases couple divorced civilly, and the husband disappeared and could not such as these (one such ruling appears in Techumin 29:267-280) that be located in order for him to give his wife a Get. Since the local although he would not necessarily have administered many of these rabbis felt that it was impossible to obtain a Get for the wife, they conversions, one cannot nullify the conversions BeDiEved (post asked Rav Feinstein if it was possible to invalidate the marriage by facto). While he agrees that Kabbalat Mitzvot constitutes an absolute declaring the conversion null and void due to the man’s lack of requirement, Rav Dichovsky focuses on the fact that it is quite Kabbalat Mitzvot. possible that during the actual moment of conversion, the immersion Rav Moshe writes that if an Orthodox rabbi administered the in the Mikvah, the convert sincerely accepted the yoke of Torah, even conversion, one should assume that he properly performed the ceremony in accordance with Halachah, even though the fact that he Rav Moshe understood the pressure faced by Orthodox rabbis did not require Hatafat Dam Berit reflects poorly on his fidelity to serving less-than-Orthodox congregants, and while he does not Halachah. Nonetheless, since in this case, “We saw that he did not endorse converting someone who, in all likelihood, will not observe refrain from the Torah’s prohibitions even one day,” it appears that Mitzvot, he does not condemn it either. Orthodox rabbis are faced he never accepted the observance of Torah and Mitzvot. Rav Moshe, with the same quandary as to how to service the great numbers of though, raises the possibility that perhaps, at the moment of non-observant Jews in the State of Israel. While there are certainly immersion, he sincerely accepted Mitzvot, an argument similar to different approaches to this issue, and the majority opinion favors the Rav Dichovsky’s. strict approach, those rabbis who adopt the lenient approach are Rav Moshe seriously considers this as a possibility, as we find nonetheless following a legitimate minority opinion in Halachah and cases in Halachah in which we are concerned that a person should not be condemned as disqualified from service as a Dayyan. experiences an immediate change of ideology. Rav Moshe cites the Moreover, even Rav Shlomo Zalman Auerbach (Teshuvot ruling of the Shach (Y.D. 1:8) validating the Kashrut of an animal Minchat Shlomo 1:35), who strongly advocates the strict approach to slaughtered by a Shocheit who subsequently converted to another Geirut and criticizes those who adopt the lenient approach as religion later that very day. The Shach assumes that the fact that he violating Lifnei Iveir (causing others to sin), does not state that those converted later that day does not reflect that the slaughterer was an who adopt the lenient approach are invalidated as rabbinic judges. apostate earlier in the day at the time of the slaughter (which would Moreover, the Dayyanim of the special conversion courts, to a great invalidate it). Rav Moshe, however, notes that the Shach rules extent, are following in the footsteps of Rav Uzziel (cited in last accordingly only because before the slaughter, the Shocheit was a week’s essay), who famously advocated a lenient approach to Torah-observant Jew. Thus, in a conflict between the Chazakah conversions. It is shocking to find Rav Sherman condemning the (status quo) prior to the slaughter and after the slaughter, the Shach rabbis of the special conversion courts as rejecting “all Halachic rules we follow the prior Chazakah (Chazakah DeMeiIkara). authorities.” Rav Sherman himself considers Rav Uzziel as a Accordingly, Rav Moshe suggests that since the husband was legitimate Halachic authority, as he cites him on page 43 of his not observant either before or after the conversion, one may assume lengthy responsum. Even Rav Moshe Shternbuch (Teshuvot that at the time of conversion, he remained the same as he was before VeHanhagot 1:611 and 4:230) does not rule decisively that the lenient and after that moment, and that it is obvious that the husband’s rabbinic court judges are disqualified, since “they believe they are acceptance was insincere and therefore invalid, an argument similar performing a Mitzvah.” Indeed, Rav Gedalia Axelrod, a Rabbinic to Rav Sherman’s. Rav Moshe was inclined to invalidate the court judge in Haifa who adopts a very strict stance towards conversion but noted opinions that apply a current status quo conversion standards (see his essay in Shurat HaDin volume three), retroactively (Chazakah DeHashta) only in a case in which the status rules that the lenient rabbis are not disqualified from service. Rav quo was bolstered by a Rov (behavioral assumption created by what Sherman adopts the harshest stance towards these lenient rabbis and occurs in a majority of cases). Thus, since no such Rov exists in seems to adopt a position that is beyond mainstream Halachic regards to the case of the husband’s conversion one might not be able thought. to project the husband’s non-observance of Halachah post conversion Conclusion to what occurred at the time of conversion. The debate as to whether to recognize a conversion conducted by Rav Moshe, however, permitted the woman in question to Orthodox rabbis for a convert who did not observe Torah either remarry without a Get due to a Sefek Sefeika, a double doubt – before or after conversion is regarded by Rav Moshe Feinstein as perhaps the conversion is invalid due his insincere acceptance of Safeik, possibly invalid. However, conversions performed by Mitzvot, and perhaps the conversion is invalid due to the failure to Orthodox rabbis who adopt the lenient approach conversion are not perform a Hatafat Dam Berit. Most relevant to our discussion is that automatically disqualified. If one converted by a panel of rabbis who Rav Moshe considers Rav Dichovsky’s argument and regards it as a adopt the lenient approach observed Torah before and after the Safeik (unresolved question). Thus, Rav Moshe grants some validity conversion, Rav Moshe Feinstein deems the conversion as to both Rav Dichovsky’s and Rav Sherman’s arguments. In practice, unquestionably valid. it would seem that one should regard a case of a conversion administered by Orthodox rabbis in which the convert engaged in To view an additional article on the topic of Shavuot by wholesale violations of Halachah both before and after the conversion as a Safeik, possibly invalid, following Rav Moshe Gavi Berger, please visit our website: www.koltorah.org Feinstein.
Invalidating the Rabbinic Courts
However, Rav Sherman’s arguments invalidating the members Editors- Editors-in- in-Chief: Yakir Forman, Shua Katz of the special conversion Batei Din appears to be incorrect. Rav Editors- Editors-in- in-Chief Emeritus: Shlomo Klapper, Charlie Wollman Sherman does not cite Rav Moshe Feisntein’s (Teshuvot Igrot Moshe Publication Editors: Reuven Herzog, Benjy Koslowe, Joel Krim, 1:60) “limited justification” of those rabbis who adopt a lenient Danny Shlian, Leead Staller approach to conversion. Even though Rav Moshe does not endorse Business Manager: Avi Rosalimsky the lenient approach, he does not even consider ruling that those Webmaster: Shaul Yaakov Morrison rabbis who adopt the lenient approach are disqualified from serving Publishing Managers: Yonah Rossman, Zvi Wolpoe as Dayyanim. Moreover, in Teshuvot Igrot Moshe Y.D. 1:159, Rav Staff: Neil Bodner, Jono Fuchs, Hillel Hochsztein, Yanky Moshe refrains from counseling a practicing rabbi to spurn the Krinsky, Eli Lehman, Mikey Levy, Gavi Sragow, Moe Weiss lenient approach to conversion, “since there are many rabbis who Rabbinic Advisor: Rabbi Chaim Jachter accept converts such as these and thus I do not pronounce a prohibition [to perform such a conversion]….You should use your Questions, comments? Contact us at: koltorah@koltorah.org To view archives, visit us at: http://www.koltorah.org best judgment on how to act in this situation”. This publication contains Torah matter and should be treated accordingly.