All Questions Answered by Rabbi Judah Dardik (Emeritus)
Question: If a Jewish family suffers the loss of a family member right before a holiday, for example, Rosh Hashanah, is it appropriate to wish them L'Shana Tova? How should that be handled?
You ask a very good question that is quite sensitive, and it functions on both halachik (Jewish legal) as well as on the psychological and interpersonal levels. Indeed, from a legal perspective we are prohibited from greeting mourners during their shiva period. Thus, one would think that wishing “L’shana Tova” would indeed be out of place to a mourner during that time.
However, there is no way that the bereaved family will be in the midst of their shiva mourning period on Rosh Hashanah. That is because shiva will, of necessity, either already be concluded or not yet be started. The Shulchan Aruch states (Yoreh Deah 399:1) that if a funeral has taken place before a major Jewish holiday, the holiday ends the shiva with its onset. So if the burial was even shortly before Rosh Hashanah, the moments of shiva before the holiday comprise the entirety of the shiva period. And if the death was before Rosh Hashanah but the funeral has to be delayed until after the holiday for some reason, then shiva will not yet have started. As such, there is no specific prohibition against greeting the mourner on Rosh Hashanah itself.
That said, there is still an interpersonal dimension that requires address. Rav Soloveitchik pointed out that in addition to the formal mourning legislated by Jewish law that includes sitting shiva and wearing a torn short and sitting on a low chair, there exists concurrently the “informal mourning” that naturally comes from a person’s upset mindset. Usually these two coincide, but when law cuts shiva short it doesn’t necessarily lessen in any way the deep pain and grief that the person is experiencing.
As a result, a standard holiday greeting may actually cause this person pain, making him or her feel as if everyone else is ignoring their loss. Saying nothing may also hurt, leaving the person feeling isolated and uncared for. Acknowledging the loss in your greeting may offer a respectful way to approach this. Perhaps most advisable would be to walk over to them and say “I can’t quite imagine how you are feeling right now, and I wish you a year of comfort, a better year than the one difficult one that just ended. How are you managing?”
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Question: In the Torah parsha (selection for reading) Yitro, the Torah tells us that Jethro took Moses' wife, Tziporah and their two sons, and sent them home. I once heard a teacher explain in a homiletical way that this was an example of Moses being a bad father. Is there other evidence to support this? Is there evidence to support the opposite?
There is indeed evidence to support both contentions. The primary issue around which concerns are offered, is whether Moses was able to offer adequate time and personal attention to his family while concurrently serving as the ground-breaking leader of a large nation in a needy time. On the one hand, there was an entire people who needed his leadership constantly in order to stand up to their slave masters and to support their subsequent survival in the desert, as well as to be taught the Torah. But on the other hand, families need the focused attention of a husband and a father as well.
Beginning with the source you mention from this week’s parasha, it does indeed say that Moses had “sent away” his wife. At face value, this does not sound at all like a positive commitment to family life. However, Rashi and Ramban and others explain that Moses had sent Tzipporah away so that she would not be subjected to slavery and danger in Egypt. If that is the case, sending Tzipporah away was an appropriate act of protecting his family.
In the Torah portion of Beha’alotcha (Bamidbar chapter 12), the Torah records an incident in which it says that Moses’ sister Miriam said something negative about Moses and his wife. Oddly, her statement is actually a question as to whether Hashem only speaks to Moses or to other prophets as well. How is that a critique of Moses and his wife? Rashi explains, based on the Midrash, that a prophet can only receive prophecy while refraining from marital intimacy with his or her spouse. Since Moses was so elevated a prophet as to receive prophecy at any time, he had separated from his wife. Miriam was criticizing Moses for not living a more normal life with his family.
In Moses’ defense, Hashem immediately responded to Miriam after she made this statement by rebuking her. Hashem points out that Moses is a unique prophet in that he can receive a clear and high level of prophecy at any time, and so his conduct was completely justified. While it may or may not qualify Moses as an excellent father, the Torah at least makes clear in this passage that if Moses had shortfalls in his family life they are sanctioned by Hashem as necessary, given his position.
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Question: Sometimes, when I sin, I know its because I have not fully explored the deepest meaning possible of what lies at the heart of the transgression, yet at the same time, it also draws me closer to HaShem, because I realise how weak I am before HaShem; my pride is taken from me in that lowly state. Rabbi Nachman said something about one having to begin again and again. I find that by having to return to the beginning, I gain a deeper insight into the nature of the matter yet feel this is paradoxical, for I also need to not return to that sin. Any advice please?
It is wonderful to see someone so deeply thoughtful about Teshuvah (repentance) and how to most effectively change oneself and be closer to Hashem. If I understand your question correctly, the tension that you describe is one that lies between actions and character traits (middot). The action in which you are engaging is wrong and thus takes you further from Hashem, but in your sense of distance you feel small and that it therefore lessens the character trait of pride that you feel is a block between you and Hashem. Could it possibly then be that doing something against Hashem’s directions to us could bring a person closer to Hashem?
As a general rule, a study of Talmud and the works of classical Jewish thinkers indicates that the answer is “no”. While there is indeed a concept of errors and sins being transformed into merits (Talmud Yoma 86B), that is something that happens after a person has done teshuvah and ceases to engage in those activities anymore. The person changes himself or herself and no longer does these things, and thus what was once a problem in their relationship with Hashem has now been transformed into something that prompted teshuvah and growth and thus became a good thing in retrospect. But as long as one is still repeating the error, it lacks redeeming value. Thus, the same page in the Talmud also brings a debate as to whether people are even permitted to confess sins that they have already confessed in the past but to which they have returned, comparing it to “a fool repeating his folly” (Mishlei/Proverbs 26:11).
In a similar vein, the Rambam (Maimonides) critiques the notion of choosing to sin even with a plan to repent. In his Laws of Repentance (4:1), he notes that one who makes a plan to sin and figures that he will rely on repenting afterwards will have a very difficult time accomplishing that teshuvah. While it is understood that human beings make mistakes and will at times fall prey to temptations, we are not permitted to choose to go down that path light-heartedly with rationalizations of future spiritual growth.
The issue that you raise of pride getting in the way of your relationship with Hashem is indeed quite an interesting and complex topic. Arrogance is treated as a deeply negative character trait. The Rambam lists it (Laws of Deot 2:3) as something that has no constructive use and that a person should avoid at all times. However, arrogance is not the quite the same thing as pride. Arrogance is dismissive and generally directed outwards towards others, whereas pride can in many cases be an appropriate sense of the value of oneself and one’s accomplishments. Indeed, there was an entire school of Mussar self-development called Slobodka, whose focus was on helping people recognize their own greatness. In seeing and feeling deeply how truly valuable they were, people would naturally rise to the high standard of behavior that fit a person of their level of greatness and character.
It is often assumed, and likely incorrectly, that feeling low and small is an inherently good thing in one’s spiritual development and relationship with Hashem. However, the definition of true humility may be quite different. The Torah (Bamidbar 12:3) describes Moshe as being the most humble of men, but clearly Moshe did not assume himself to be lowly or a “nothing”. Far from it, he took on the role of being the greatest of all prophets and the leader of the Jewish people! A man who thought he was nothing would not have been able to assert himself in the ways that Moshe did.
So it seems that a different definition of humility may be in order here. The Talmud at the very end of Tractate Sotah (49B) quotes Rav Yoseph as correcting those who claimed that there were no longer any truly humble people around, “because I am here.” While it seems like the punch line of a joke to point out to others that “I am humble,” there are those who explain that humility doesn’t mean thinking that you are small and incapable but rather “thinking about others.” That could mean thinking about other people, as well as thinking about Hashem, but thinking as little as possible about oneself. The arrogant person thinks primarily about himself, and the humble man thinks about others (while maintain the awareness that he is a worthwhile human being.)
We do indeed begin again and again, and part of Rebbe Nachman’s teachings is that one should never give up. Even at the lowest moment, we are capable of change and can start moving in a better direction right now. Hashem did not create human beings to be perfect, and expects us to make mistakes. Rather, our job is to aspire to spiritual greatness and to try our best to get there.
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Question: Is it inappropriate to invite my housekeeper [or friend, or neighbor] to my son's Seder? She is not Jewish.
[Administrator's note: Please see related questions and replies at:
http://www.jewishvaluesonline.org/question.php?id=384 and at
http://www.jewishvaluesonline.org/question.php?id=962.]
Your question functions on several levels. On the plane of halachah (Jewish law), the first concern that arises is that the Torah explicitly forbids a person that is not Jewish from partaking in the Pesach sacrifice that is eaten at the seder meal (Shemot/Exodus 12:43.) However, we no longer have this sacrifice today since the Temple in Jerusalem was destroyed and so many do not consider this meal restriction to be in effect today.
However, the Shulchan Aruch (Orach Chaim 512:1 and the commentary of the Mishnah Berurah there) limits cooking that may be done on a Yom Tov holiday to cooking that is done in order to feed Jewish people. This would seem to impinge on one’s ability to invite over someone who is not Jewish and have cooked food for them to eat. There are several ways to deal with this concern, including the suggestion that if all the food was already cooked before the Yom Tov and now is only be reheated then it is fine (Teshuvot B’Mareh HaBazak 3:56.) Alternately, one could cook a large quantity of food for all the guests and have plenty to go around for all that arrive (as opposed to specifying a portion that is cooked for the Gentile.)
Another concern that is raised centers around the prohibition of teaching Torah to someone that is not Jewish (Talmud Chagigah 13A), and there is a great deal of Torah study involved in a seder meal. This too need not necessarily be a concern, as Rabbi Moshe Feinstein ruled that it is permitted to teach Torah to Jews while a non-Jew is sitting there and listening (see responsa Igros Moshe, Yoreh Deah 2:132). As such, the fact that your friend is present need not be of concern since there are other Jews there already to learn and share at the seder.
A separate concern raised in that same responsum by Rabbi Feinstein would involve the wine that is served for the four cups that we drink at the seder. Wine is a sacred food that was used in the service in the Temple and is subject to special restrictions. As a result, wine that is not “mevushal” (flash pasteurized) and thus could have been appropriate for Temple usage may not be poured by someone who is not Jewish. But there are many kosher wines available on the market that are indeed mevushal and would not pose any problem.
On a philosophical level, the seder is an awkward place to host someone who is not Jewish. There are those Jewish holidays that have a universalistic orientation, such as Rosh Hashanah when we pray on behalf of the entire world. Similarly, Sukkot involves our hopes and requests of Hashem that the entire world be blessed with rain and abundance. However other holidays, such as Pesach, are especially particularistic and focus on us as a special and separate people. Inviting someone who is not Jewish to a meal that celebrates our being saved from the hands of oppressive Gentiles could have sensitive moments, especially as the focus shifts to the oppressions that we have endured through many generations up until the present and our hopes for future redemption. This is very much a meal of celebration that focuses on our being in many ways apart from the rest of the world.
Of course, all of the above assumes that your son is comfortable with your inviting others to his seder. Otherwise there is a family and interpersonal issue that should be considered as well.
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Question: May a couple who have been converted in Masorti (connected with Conservative) Judaism celebrate a Jewish marriage ceremony in an Orthodox synagogue?
While it is difficult to offer a response that is 100% accurate in the absence of further detail about the particulars of the case and especially the synagogue, the likely answer in most cases is that it will not be allowed. As a result of the differences between the denominations in terms of what constitutes the acceptance of mitzvot in conversion, as well as issues surrounding who is qualified to serve as a member of a Beit Din to witness and attest to a conversion, the orthodox community does not accept non-orthodox conversions as legally valid. Thus, an orthodox rabbi could not marry a couple in which one or more members of the couple had a Masorti conversion, due to issues of Jewish status. However, there is a phrase in the question that is vague and may present a possible alternative conclusion. Until this point, the words “celebrate a Jewish marriage ceremony” have been assumed to mean having the wedding at an orthodox synagogue, and presumably officiated by an orthodox rabbi. This is unlikely to be workable. However, if the phrase refers to having the celebration dinner or party at the orthodox synagogue in their social hall, the answer may vary with the policies of the synagogue. Some synagogues will not allow a celebration to be held on site that does not conform to orthodox halachic (legal) standards, due to concerns of what is termed “mesayin ovrei aveirah” – adding and abetting someone to do something that one believes to be wrong (see Talmud tractate nazir.) However, others rent out their social hall for all different kinds of community events without necessarily approving of the nature of the event. As a result, an orthodox synagogue social hall may, depending on synagogue policies, be available to you so long as standards of kashrut are maintained so as not to damage the kosher status of the synagogue kitchen.
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Question: My son married a woman who converted to Judaism through the London Beth Din. She now refuses to follow any Jewish practice. Is her conversion still valid?
They have a baby boy who is now a year and a half; will he be considered Jewish?
By the way she forbids me to have any contact with the child. She is highly unstable and also prevents my son from having any contact with me or his brothers.
I am in regular email contact with him. We are a shomer mitzvot family, though I doubt my son keeps anything now.
Unfortunately, your very painful question may not be answerable without further detail about the specifics of your daughter-in-law’s decline in Jewish observance. However, I can offer some general guidance that may help you towards an answer.
First off, the London Beit Din is a reputable Beit Din and their conversions are accepted throughout the world. As you likely well know, Orthodox conversion requires a complete acceptance and commitment without exceptions to fulfillment of Torah and Rabbinic Law (based on Talmud Bechorot 30B). When a convert seemingly accepts the mitzvot with a Beit Din at the time of conversion and then ceases to be religiously observant afterwards, what arises is a distinction made between those who never really made this commitment and those who truly made this commitment and in the course of time declined in their Jewish observance.
So for example, imagine the case of a person who went through an Orthodox conversion and then lived an observant Orthodox life for ten years and then ceased to be observant. Such a person would (to the best of my knowledge) universally be considered a Jew, albeit a non-observant Jew, unless there was some specific reason to believe that their initial acceptance of the mitzvot ten years prior was somehow incomplete or insincere. In contrast, a person who celebrated the completion of their conversion process by eating at a non-kosher restaurant, or stopped keeping Shabbat right away, would be assumed lacking in their complete and sincere acceptance of these obligations.
The resulting question is then one of what evidence would be acceptable to establish this person as a bona fide Jew who was no longer observant, as opposed to someone who never really accepted the mitzvot in the first place. There are different opinions about this issue, and it is currently a very hotly debated topic within Israel and the Israeli Chief Rabbinate. This is where the details of your daughter-in-law’s history become highly relevant.
With regard to your grandson, his status is a function of your daughter-in-law. If her history of observance qualifies her as a Jew who is no longer Orthodox, then your grandson is Jewish. If her history indicates that her acceptance was incomplete or insincere, then her conversion would not be valid and her children would not be considered Jewish.
On a personal level, alongside how disturbing your daughter-in-law’s lack of ongoing interest in Judaism is, her need to enforce barriers on communication with your family is also cause for alarm. I hope and pray that your family will be able to get the sort of meaningful counseling that could help bring it to healthier relationships and dynamics. A more healthy and functional relationship would not only enhance the possibilities for your grandson’s Jewish exposure, it would also better fulfill Jewish family values as well.
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Question: Can an adulteress marry the man she had an affair with after she has been given a get?
You ask a painful and delicate question, one that is almost certainly best posed with all of its accompanying circumstances to a knowledgeable and sensitive rabbinic authority. That said, and in the absence of the details of the particular case, two operative principles may be noted as relevant here.
At face value, the answer to the question is “no”. The Talmud (Tractate Sotah, also Ketubot) presents as a matter of legal principle and tradition that a woman who commits adultery may not remain married to her husband nor may she marry the man with whom she has committed the affair. She is forbidden to both of them, even after a proper divorce has been completed with a gett. This is codified as law in the Shulchan Aruch, in section Even HaEzer 12:1.
However, there is a complicating factor that comes into play as far as applying the abovementioned principle in practice: verifying to the satisfaction of Jewish law that the affair has indeed taken place. While in monetary matters a simple admission of guilt can create a legal obligation to pay, this is a result of a person’s ability to bind himself into most any financial commitment of his or her choosing. However, in non-monetary matters such as ritual or sexual commandments, a person’s own admission of guilt is not accepted as legally compelling. This principle of “A person cannot [via admission of guilt] cause himself to be considered wicked” is found in the Talmud in Tractate Sanhedrin 9B and is codified as law in the Shulchan Aruch in section Choshen Mishpat 34:25. It effectively means that in areas of Biblical prohibition (some say that this applies to Rabbinic prohibitions as well) one cannot legally incriminate oneself through confession of guilt.
In order to be sure that an affair has taken place, Jewish law requires either the testimony about the affair of two kosher witnesses that are related to none of the parties involved, or alternately the testimony of two witnesses that the husband warned his wife not to go into a secluded place with this man and then testimony that she indeed did so. These circumstances are far less common, and as a result it is very difficult to establish with legal certainty that adultery has taken place (and that the subsequent marriage is forbidden) even if it is excruciatingly clear on a personal level.
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Question: My wife's aunt just died. I have resolved to only attend funerals of my closest family members (father, mother, sister, brother, and those with whom I have had a very close relationship). Must I attend my "aunt-in-law's funeral?
First off, I offer my condolences to you, to your wife and to the family on the loss. Every loss effects members of the family differently, and surely you and your wife will experience this passing in divergent ways. The question of whether you have an obligation to attend the funeral hinges upon the reason and nature of your resolution to only attend the funerals of immediate family members. There is certainly value in attending if possible, both to promote peace at home if your wife would like for you to attend, as well as to show honor to the deceased through your attendance. The Talmud (Tractate Shabbat 116A) extols the value of maintaining peace in a marriage, going so far as to observe that in the Torah portion of Naso we are instructed to erase G-d’s name off of a piece of parchment in order to help reconcile a husband and wife. This is ordinarily a prohibited action, but is permitted specifically in order to bring spouses together. Attending for this reason would essentially have nothing to do with your wife’s aunt, and everything to do with respecting the wishes of your spouse. Additionally, the Talmud (Berachot 6B) speaks very highly of one who attends a funeral, placing great value on the mitzvah of being present as an act of respect towards the dead. This reason would be focused on your aunt-in-law, with greater value if you had a relationship with her but still worthwhile even if you did not. Yet if the reason for the commitment that you made is that you are a Kohen (a descendant of Aaron the High Priest and thus a member of the priestly family of Jews), then the Torah forbids you from entering a cemetery or a room in which a dead body rests, save for attending the funerals of parents, siblings, children, spouses and siblings under certain circumstances. The Talmud (Bava Metzia 32A) explains that Divine prohibitions may not be violated, even to make family members happy (such as parents or in this case one’s spouse). Similarly, if your resolution was formulated in the manner of a legal personal-religious vow, then it would prohibit you from being able to attend. Such vows can be released and rescinded by a knowledgeable Beit Din (religious court usually consisting of three Rabbis sitting together), but you may not have time for that before the funeral. Of course, your resolution may have been made in thought as one of a strictly personal nature, with a hesitancy to be present at funerals unless they are of one to whom you were close. Such a resolution need not be considered binding, and then falls subject to balancing your interests with those of your wife and her family. I wish the entire family comfort in a difficult time.
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Question: I'm a bit overwhelmed in trying to sort out the various Jewish beliefs about the afterlife (I'm 61 and terrified). The overarching idea seems to be: Don't worry about it so much; Judaism emphasizes doing good works on Earth and that should be our focus. Well, maybe so. But having studied it all, I trust, have you reached any firm conclusions? I cannot bear the thought that this is all there is and all that implies. The Christians have such simple answers and feel-good stories---Judaism is hard. What can you tell me about this?
While you are correct to surmise that Jewish tradition tends to focus on the here-and-now and making ourselves the best that we can be in this life, there is quite a bit in traditional Jewish sources about the nature of the afterlife. Primary initial references and descriptions may be found in the Mishnah in Pirkei Avot, numerous passages in the Talmud (particularly Tractates Shabbat, Rosh Hashanah and Sanhedrin), and the works of classical commentators such as Maimonides (see laws of repentance chapter 8). For an excellent brief essay and overview of the topic, you may want to look at the essay entitled “Immortality and the Soul” in Rabbi Aryeh Kaplan’s book If You Were God.
While there are variations offered on the primary themes, the core concepts of the afterlife stem from the notion that a human being is an amalgam of two very different aspects: a body and a soul. For the course of a person’s lifetime, the two work together in marvelous coordination. The body functions as the vehicle or tool that allows the soul (which holds the thoughts and persona and higher levels of existence of this human being) to interact with and impact the world around us. At the time of death, the body and soul separate. The body, beloved and respected for having been the shell that held a holy soul, is laid to rest in the earth like any other precious and holy item in Jewish tradition. The soul is non-physical, and as a result lives on. The cessation of respiration and bodily function do not affect it at all.
The soul continues in a non-physical existence with no physical needs or sensations. No hunger, no cold, no pain, and no exhaustion. Perhaps the best way to describe the nature of that existence is one of exquisite awareness. First and foremost is awareness of one’s deeds during life and the totality of their impact on the world (Sefer HaIkkarim of Rav Yosef Albo). This is a sublime and wonderful experience, as one is aware in a way as never before of exactly how each little positive action helped others and changed their lives. Through good deeds we contribute physically and metaphysically to a better universe, but only after the soul is freed from the confines of a physical body is it truly cognizant of this. However, this can also be a very difficult experience to the extent that a person’s actions were negative and destructive. (It is comforting that the Mishnah in Eduyot 2:10 states that this difficult period of recognizing and reconciling one’s mistakes lasts up to a maximum of twelve months for all but the worst human beings.) Thus it would be fair to say that what others call “heaven” and “hell” are to Jews the same existence; it is knowing very well what our lives amounted to, and that can be a very good or very bad thing and likely some of both.
There are sources that suggest that one may well have a sense of connection and awareness of deceased loved ones, as well as some degree of awareness of events happening in this world for those close to us. Reincarnation is debated in classical Jewish sources, with Maimonides clearly of the position that we live only once in this material world, while Nachmanides and the Kabbalists indicate that many people come back to live here again in order to finish up their lives’ missions.
Every one of us began this life in the womb, in an existence that is so startlingly different from our own as to be unrecognizable (living curled up in liquid, not seeing very much, eating through our umbilical cord, etc.). After nine months we emerged into a radically different experience that is now so familiar to us. After our time here, our tradition teaches that we move on to a next and even greater stage of life.
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Question: Is a Jew permitted to enter a church, mosque, cathedral, temple, or the site of any other faith?
In Jewish law one is not permitted to visit a place of idolatrous worship, let alone show any deference to it (Rambam/Maimonides in his commentary on the Mishnah tractate Avodah Zarah chapter 1, also quoted by the Shach in Shulchan Aruch Y”D 149). As a result, the answer actually depends on the status of the faith or belief system in question.
Religions that worship multiple deities generally fall neatly into the Jewish definition of idolatry. According to many commentators (including Maimonides) the same applies to Christianity. The concept of the trinity, along with the worship of a human being as god, is understood as qualifying the Church as a place of idol worship. However there are those such as the Meiri, that disagree. He maintains that while Christianity is not a correct belief and completely forbidden for a Jew, it is not considered idol worship. Similarly, later commentators offer further consideration of the different denominations of Christianity such as those that do not believe in the trinity. Islam is universally recognized as monotheistic and non-idolatrous, and so entry into a mosque is permitted (though a Jew may not pray the prayers of another religion).
It is worth noting that entry into a forbidden house of worship through a side door for purposes that have nothing to do with religious ceremony, such as when a Church is using as a polling station for voting and elections, is permitted. Also, if the faith is no longer in existence, such as the ruins of a religion that is no longer practiced, many permit entry.
In terms of the theory behind the restriction, most point to distancing ourselves from beliefs and practices so antithetical to the fundamental tenets of our religion. The issue of temptation to worship is raised as well. Human beings seem to have a tendency to associate beauty with truth; when we enter into a beautiful cathedral, it is natural to begin connecting with it as a correct idea even if we know on an intellectual plane that we disagree.
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Question: If a condo association requests a Jewish resident to remove their Mezuzah from the door frame. What takes precedence - following the law of the land (din de malchuta dina), or the mitzvah (obligation/commandment) in Jewish law to hang a mezuzah? Can regulations by property owners/managers be allowed to restrict Jewish religious expression?
Your question raises many sensitive concerns, including the tension that can arise between following the laws of one’s locale as well as Torah law, not to mention potential tensions with neighbors and community associations and the possibility of making Jews look like we somehow feel “above the law”. The principle of “dina d’malchuta dina”, that “the law of the land is the law”, does indeed mean that Jewish People have a halachik/Jewish-legal obligation to abide by the laws of the country in which we live.
To directly address the concern raised, the Shach (in Shulchan Aruch Chosehn Mishpat 73:39) states clearly that the rule of dina d’malchuta dina does not apply if it directly contravenes Torah law. That is to say, one has a mitzvah to place a mezuzah on their doorpost, and (short of a threat to one’s life) that mitzvah overrides a local law. However, this case does not appear to be one of dina d’malchuta dina in any case, as it isn’t a law of the government but rather that of the condo association. The Ramban (Bava Batra 55A), Ritva, Tur (Choshen Mishpat 369) and others all note that in order for a rule to be considered dina d’malchuta dina, it must be an established law of the land that is well known to the people of the kingdom, found in the statute books of the kingdom and equally applied in a non-discriminatory way to all the citizens. It seems unlikely that the association of a condominium group qualifies as a government, nor that the other conditions are fulfilled in the case. Thus, this may indeed be less of a dina d’malchuta dina case within Jewish law than a first amendment case within US law about the ability of those who regulate properties to restrict religious expression.
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Question: What’s the Torah view on the “green” movement, such as recycling and electric cars?
While the approach is somewhat nuanced, on the whole Jewish tradition is quite supportive of environmental protection and friendliness. It begins with recognizing an inherent tension between human societal development and responsible stewardship of the earth. The verse in Genesis/Bereishit 1:28 directs humanity to “conquer” the land. Ramban explains this as a mandate to use the world to our benefit, and the example he offers is mining copper out of the ground. Yet at the same time, Genesis/Bereishit 2:15 charges Adam with protecting the Garden in which he lives. Humanity is from the beginning of time placed in the role of guardian that cares for the earth, for it does not belong to us. "The earth and all that is in it belong to G-d” (Tehillim/Psalms 24:1).
Additional verses found in Deuteronomy/Devarim 20:19-20 offer further clarification. In the context of war and laying siege to an enemy city, the Torah prohibits the cutting down of fruit trees to make battering rams or to cause the enemy dismay. Rather, we are instructed to use non-fruit bearing trees. The Sefer Hachinuch (mitzvah #529) explains that this prohibition against needless destructive impact is not just for trees, but rather for the needless destruction or waste of any item.
Human beings are allowed to make use of the environment, but only with legitimate cause and with care not to cause undue damage. For example, while as a rule the saving a human life trumps concerns of ecological impact, the Shulchan Aruch (Choshen Mishpat 155) places limits on industry that causes pollution to a city.
This delicate balance is well put by the Midrash Kohelet/Ecclesiastes Rabbah 7: “When Hashem created Adam, He took him and showed him all the trees of the Garden of Eden and said to him, ‘See my works, how beautiful and praiseworthy they are. Everything that I created, I created for you. Be careful not to spoil or destroy my world, for if you do - there will be nobody after you to repair it.’”
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Question: There were many miracles that God performed during the Jews’ sojourn in the desert – the man, the “ananim,” water spurting out from rocks, etc. Why on Sukkot do we focus on the most mundane and man-made aspect of God’s protection—the huts the Jews dwelt in?
It is worth noting that the nature of the protection that we received during those years in the desert is debated in the Talmud (Tractate Sukkah 11B). In that source, Rabbi Eliezer is of the opinion that sukkot recall the protection offered by the clouds of glory (ananim) that you mention. However, Rabbi Akiva disagrees and suggests that during those years we sat in man-made desert huts and that our sukkot are built to remember those shelters. It is within this approach of Rabbi Akiva that your question resides.
There is another unusual dimension of this holiday that may shed some light here. Other Jewish holidays take place on a specific date, the date on which the event that they commemorate took place. Sukkot, however, is not about a particular day of the year. It commemorates a life that was led in the desert with Hashem’s protection over a span of forty years. In essence, the events that it recalls took place every day of the year for four decades. The Talmud offers reasoning for celebrating it in the fall, but the miracle it represents was indeed daily.
In that sense, Sukkot can be seen as celebrating the constant protection of Hashem, a daily protection from the elements and from the dangers of desert wildlife. It thus makes sense that the holiday might celebrate God’s protection through a man-made structure, because the focus is not on miracles of noticeably large and impressive nature as much as on the moment to moment protections that Hashem offers us every moment of each day that we live. It is a holiday of small constant miracles that mix their way into our lives and often go almost unnoticed.
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Question: The problem of agunot ('chained' women - those who cannot get a divorce from their former husbands to allow them to move on with their lives) continues to plague our society. Why isn’t there a halachic (Jewish law) way to grant a woman a “get” (divorce decree) without the consent of her husband? Or is there?
[Administrator's note: This topic has come up in past, and there are other, related questions on the JVO website that should be viewed in connection with this one for a fuller range of responses.]
You ask an excellent and sensitive question, one whose resolution I believe we are in the midst of witnessing. First a bit of background information. In terms of the idea of granting a “gett” (Jewish document of divorce) without a husband’s consent, this is no more viable than granting a divorce without a wife’s consent. For practical intents and purposes and for quite a number of centuries now, both parties must agree to divorce just as they both agreed to become married to one another. No one else can do it for them. The wording of the Torah (Deuteronomy 24:1) requires the husband’s agreement and involvement in the gett. However, there are various means available to strongly encourage that consent and limit or end the agunah problem. One of the most successful is the pre-nuptial agreement that was put together by the Beth Din of America and is in common use at Orthodox weddings. Although Torah law requires consent and thus forbids direct coercion in the gett, this document utilizes the fact that until a gett is granted the couple are still Jewishly married. As such, the husband is required to offer substantial monetary support to his wife. The pre-nuptial agreement makes that support obligation enforceable in the US court system, and sets up a situation wherein failure to go ahead with a gett will mean that he has to pay many tens of thousands of dollars in support annually. As of the last time that I checked into it, this system has had a 100% success rate in preventing agunot among couples that signed the document. As more and more rabbis insist upon the use of this document as a condition of their involvement in the wedding (a resolution taken several years ago by the Rabbinical Council of America), there are fewer and fewer couples exposed to the awful plight of being an agunah in this country. Seeing as the topic is of interest, I note that there have been several related earlier postings to Jewish Values Online that you may want to look at. One in particular seems particularly germane: http://www.jewishvaluescenter.org/question.php?id=275&cprg=%2Fsearch.php%3Fsearchtxt%3Dagunah%26what%3DA If you would like to take a look at the Beth Din of America prenuptial agreement, check out http://www.bethdin.org/agreement.asp
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Question: I understand that Judaism takes a relatively more lenient position on abortion than do other religions. What is the position on "embryo reduction" - selectively aborting one or more so that others have a better chance of survival?
As in many cases of new questions prompted by new and cutting edge technologies, there is still a great deal of discussion around the topic. However, the majority analysis does seem to lean towards the notion that multi-fetal pregnancy reduction would be permitted in order to enhance the chances of survival for other fetuses, if medically deemed probable to save those other fetuses. Based on Exodus 22:1, the Talmud (Tractate Sanhedrin 72A) offers what is known as the law of the “rodef”, or “pursuer”. This principle teaches that one make take the life of a person who is posing a direct threat to the life of an innocent. Thus, if one sees a murder about to happen, one is obligated to save the victim even if it means killing the would-be murderer. Former Chief Rabbi of Israel Rav Mordechai Eliyahu permitted reduction on this basis, namely that each of the fetuses posed a threat to the survival of the others. Others argue with this position, suggesting that the law of rodef should only apply when there is a clear pursuer who threatens the clear victim. Here, each of the fetuses poses a risk to the others, but no one of them is the direct threat. Rather, each of them is concurrently a threat to the others as well as a potential victim of them. Instead, Rav Yitzchok Zilberstein (Av Beit Din of the Ramat Elchanan neighborhood in Bnei Brak) and Rav Chaim David HaLevi (former Sephardic Chief Rabbi of Tel Aviv) offer that reduction is permitted because these embryos have not yet been established as viable lives. One then does not need to employ the principle of rodef at all; we are not dealing with actual life but rather with potential life that is unlikely to survive without our intervention. The question of how many may be reduced is generally left up to the best assessment of the medical professionals involved and dealing with the case. All agree that it is better that the procedure be done earlier in pregnancy rather than later, best before 40 days if possible.
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Question: My mother and I are presently having an issue about tznius. I wear long skirts and when skirts are just past the knee or a little longer, I wear pants underneath. I also prefer to wear long sleeves rather than 3/4 sleeves, and I generally do not wear red. My mother thinks that all this is unnecessary, and won't let me out of the house in more than two layers during the summer, although I never get overheated. If I feel that dressing this way is essential to my Judiasm, do I have to listen to my mother?
The clash between two values, in this case modesty versus the honor due to a parent, is always complex. You ask an excellent question, and clearly care a great deal about both of the mitzvos involved here. There is general guidance for determining which halachik value takes precedence. Namely: the Gemara in Kiddushin states that when a parent asks a child to violate one of Hashem's commandments, that the child's primary loyalty is to the mitzvah and they should not accede to the parental request. However, the mitzvah to honor one's parents is taken with great seriousness, and Jewish law also goes to great lengths to maintain peace in the home and avoid hurt feelings in general and parental feelings especially.
The fact that the topic in question is tznius (modesty) makes things even a bit more complicated, as there are multiple aspects to this mitzvah. First, the mitzvah has both an objective as well as a subjective element to it. As an example of objective immodesty, the Gemara states (Berachos 24A) that a woman’s thigh is considered to be an area that must be covered. There is some debate as to whether this applies below the knee, and the Mishneh Berurah rules (Orach Chaim 75, note 2) that it is not necessary to cover below the knee. However, the Mishneh Berurah notes subjective tznius factors as well, including local custom. Thus there are parts of the body such as the upper thigh and chest that must be covered in public no matter where one lives and what the circumstances are, while others such as below the knee and sleeve length often depend on circumstance.
It is critical to note as well that modesty refers to a great deal more than length of fabric, as its fundamental focus is upon not making oneself an unnecessary center of attention. One should look at the style of the clothing - is it tight and flashy or more quiet and unassuming? Dress is only one dimension of modesty: tznius also very much applies to behavior and speech. Does one act and speak in a way that draws attention without cause?
One of the first steps that the great Poskim (halachik deciders) utilize in such conflicts of values is to consider whether there is a way to frame the situation that the values need not be in conflict in the first place. To wit, are you actually being asked by your mother to violate the mitzvah of tznius? Is she requiring you to wear shorts or tank tops during the summer? Many women who are meticulous about the mitzvah of modesty and live in warm climates wear lightweight fabrics that cover their bodies without being overly uncomfortable in hot weather and find that one or two layers is quite sufficient. Might there be solutions that would allow you to adhere to your values of dressing modestly while allaying your mother's apparent concern about your well-being? If you are able to have a conversation with her in which you let her know that you care about her concerns and would like to try and find a way to respect them, she may have ideas that are acceptable to you. By asking the question in a respectful way, you will also be demonstrating the idea that "the ways of [the Torah] are pleasant" and will be fulfilling the mitzvah of Kiddush Hashem (sanctifying Hashem’s name) at the same time that you fulfill the mitzvah of honoring your parent.
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