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week was about the six heroes and the
fact that in many
a Sephardic siddur and there are 10. I
just want to go over something here.
Uh the idea that you have to mention
uh the six remembrances
uh comes from the Mekubalim, largely the
Arizal and then the Chida.
And the six that are in the siddur, the
six are remember Mitzrayim, it's to
remember every day, remember uh you
stood at Har Sinai,
uh remember the evil of Amalek, remember
the sin of the Agel, remember Miriam and
the sin of lashon hara, and remember
Shabbos. Now, in all of these cases, the
Torah said the word remember, remember,
remember.
So, that's why we remember. We say them.
Now, the Sephardim add uh four
altogether.
And uh as I looked at as I looked at it
more carefully, I have an answer for why
we don't include Ashkenazim don't
include two,
but two others are in Tzarichin.
Uh the four they add is a pasuk that
says remember
uh
what you went through in the desert when
Hashem gave you the man.
That's one that they add. Then they add
a general pasuk, remember that it is God
who nosein lachem koach, he gave you the
power. La'asot chayil, that's number
two.
Number three is a pasuk in Micha,
Micha, remember what Bil'am tried to do
to you when Hashem saved you. And the
last one they add is uh
do not forget that you shall I am im
eshkechech Yerushalayim, I should forget
my right hand. Now,
I understand, I can give you a good
answer, I think, why we don't why
Ashkenazim don't put in those last two
because they only put in the six heroes
in the Torah.
And the last two, uh one is from Micha,
that's one about Bil'am, and one is in
Tehillim, so that's not included. Uh but
I actually don't have uh I don't
remember everything I said last
yesterday I actually don't have a good
answer why Ashkenazim don't include the
man
which is in Torah and don't include the
pasuk who nosein lachem koach la'asot
chayil. So, I can answer why we don't
have 10, but I'm not sure why we don't
have eight. Two of them we should
answer. Okay. So, it's a good it's a
good question. Um now, the other thing I
want to talk about a little it's a
little uncomfortable for me, you know, I
I often I talk about hate mail and maybe
I shouldn't use this as the forum to uh
air, you know,
uh my hurts, but um this is the second
time it happened and I I want to tell
you this. Um I I received over the past
few months
two very long letters and continuing
correspondence about the long letters
that somehow
it is very, very inappropriate
for me to push on baalei teshuvah that
they should move to Israel.
Uh they say that, you know, I'm tell I'm
destroying people's lives, I'm taking
advantage of my position
when I live here on American money and,
you know, I'm doing real comfortable and
I didn't come to Israel till I was 56,
what gives me the right to talk about,
you know, young people who would
sacrifice their careers and suffer a
life of misery in Israel, which is like
I I I'm not even exaggerating who and
uh which would therefore condemn them to
misery because of my idealism, which I
did not take advantage of till I was in
retirement. I I I don't really notice
that I'm retired.
So,
um again, I I really apologize for for
spending time, but I but I want to make
a few points that I think are relevant
to the Q&A.
And that is number one, I have
absolutely never pushed anyone to move
to Israel and in fact, when people meet
with me, there are people I tell them
not to move to Israel. What I said
exactly was that every religious Jew is
obligated to ask themselves the
question,
why am I not in Israel?
You can have a very good answer why
you're not in Israel and I that answer I
would respect and halakha would respect.
A person might say the parnassah is too
hard. A person might say the lifestyle
is difficult. A person might say the
chareidi world is too polarized. Those
are legitimate answers as they apply to
your situation.
I have never said
publicly or privately everybody must
move to Israel. I have said and I will
say
that you have to have a reason not to
move to Israel.
And you know, there are reasons.
Uh but to simply ignore it and simply
say that after Hashem gave us Eretz
Yisrael,
uh we don't even have to think about it,
I think is not the ratzon Hashem. Okay?
So, I just want to be clear and I
thought I was clear. I mean, I'm just I
don't understand. I really don't
understand this that I am not giving you
any Oh, yes, he gave me a whole drasha
about uh
Rav Soloveitchik would never tell a
person what to do. He would always
explore the issues. Wow, great insight.
Like, you know, like, you know, I tell
you what to do.
So, the thing is,
I am not giving an answer.
I am simply saying you must ask yourself
the question.
Okay? I I thought it was absolutely
clear. Apparently, it is not.
Uh and it is an important question
because if if Hakadosh Baruchu gives us
the ability to come back to Eretz
Yisrael,
then we have to ask ourselves, you know,
why not?
Yeah, and there may be a there may be a
good answer. Einoch chinami, okay? So,
forgive me for um
being a little upset over this, uh but I
am upset. Uh the tone of the letters is
ve- I I whatever I I whatever.
It's very condescending. I mean, the
person gave me a drasha, you know,
uh to talk to baalei teshuvah takes
special training and sensitivity.
Uh so, perhaps, you know, you shouldn't
be the per- Okay, whatever. Okay. All
right, but I hope everyone gets the
point. If they didn't get the point, uh
ask the question,
talk to your rabbaim, talk to your
spiritual advisers, look at your family
situation, look at your finances, but
don't ignore it. You can't ignore Eretz
Yisrael. And to tell you the truth, uh
this hate mail is not only hate mail to
me, I think it is hate mail to Eretz
Yisrael.
And this is aim the hate of the meraglim
mamash.
Uh it's one thing to say that I'm not
ready for aliyah, it's not the right
thing for me right now.
It's another thing to say, how dare you
bring it up as something to consider? It
It frankly is
absolutely astounding. Okay, uh I had to
vent, but okay, any any other questions
for tonight? Yeah.
When a person has struggles in his
with his shalom, how does he determine
whether or not that struggle is
something which is more like a therapy
thing which he needs to work on
emotionally or just his yetzer hara and
he needs to work on it with sifrei
mussar? Let's say that he has an anger
problem. Is that anger An anger problem,
yeah.
Yeah, but that's just an exa- an
example. How does he know that he needs
to be kind to himself and he needs
self-care and he needs to work on, you
know, self-love or he needs that which
would be more like an emotional therapy
approach or he needs to be harder on
himself and he has to
work harder and learn more and things
Yeah, th- this is actually a a very
important issue that has become more and
more uh
relevant as the mental health community
has grown and as more and more religious
Jews are going to therapists, are going
to psychologists, going to social
workers and the like. And the question
becomes, you know, in the olden days, if
I had some personality problem, again,
your example, I was angry, I was
selfish, uh I was depressed, so we
talked about mussar and Torah learning
and chizuk and spiritually building
yourself up. And now we say, you know,
go to a therapist either for therapy or
go to a psychiatrist for medication. And
and the question becomes, when do you
look at your struggles, I'm just
repeating your question, when do you
look at your struggles as spiritual
questions that I have to struggle with
and when do you simply say, yeah, you
know, it's kind of a medical issue or a
psychological issue and the like? You
know, it's very, very hard to answer
that, but the but I think the answer in
short would be
that um these are not contradictory
modalities. I think you have to work on
both of them at the same time. Um you
have to work on your spiritual chizuk,
you know, learning mussar, learning
Torah, strengthening yourself, and at
the same time you need to explore the
psychological aspects of things. Now, in
fact,
not only are these not contradictory,
but if you look at mussar, in fact, this
was the Chazon Ish's part of his
criticism of mussar. Mussar itself, when
it's studied in a deep way,
is about understanding yourself. It is
about psychology. See, we we make a big
mistake. We actually
mischaracterize
what Rabbi Salanter did.
We think when Rabbi Salanter started
this idea of learning mussar, we think
that just meant you pull out a Mesillas
Yesharim and you learn it for half an
hour a day or whatever it is.
The truth is that's only a small part of
what the mussar movement was about.
Unfortunately, it's the main part that
survived, but there was so much more. It
was about group therapy sessions, not
with a psychologist, but you would
discuss your struggles with other people
and each would give chizuk to the other.
It was about self-understanding. It was
about, why do I behave a certain way?
So, in many, many ways, there actually
is a tremendous overlap
between psychology and uh mussar. Uh so,
both can be worked on at the same time,
provided you get a therapist who's
if not from, I think which would be
optimal, at least is respectful and
understanding of your of your values. Um
This is one In fact, one of the reasons,
it's a complicated thing, one of the
reasons the Chazon Ish was a little
worried about mussar
was precisely because mussar was so into
psychology, it was not always using
exclusively Jewish sources. That I mean
that was goof of the Chazon Ish's issue.
Um on the on the other hand,
uh Rav Volbe, I've mentioned this
before. When Rav Volbe was a young man,
uh he actually apprenticed himself. He
was in Switzerland during part of World
War II,
which was neutral. He apprenticed
himself to Jean Piaget.
Now, those of you that took psychology
courses in in college, uh know that Jean
Piaget was a world-renowned non-Jewish
child
I think he's a psychiatrist I I I'm not
sure psychologist or psychiatrist and uh
he wrote a lot about how children
develop morality.
And Rav Volbe held it was good for him
as a baal mussar to try to understand
the psychological processes of growth.
And he said that even though Piaget was
a this is nich lol in chachma ba
tamen. Right? So, it is legitimate
within a mussar framework.
Also, many of you may have come across
the very beautiful seforim
by used to be anonymous now we know who
he is Rabbi Summer Schwartz.
Uh
those that's the series of seforim that
are called the Bilvavi Bilvavi Mishkan
Evnecha. It's also in English how to
build a relationship with Hashem.
Bilvavi. It started off as one book and
now uh
many many books and websites and
everything else. But he wrote a parallel
series.
So, Bilvavi is how to make a
relationship with Hashem,
a personal relationship, and he wrote a
parallel series called Da Es Atzmecha.
Know yourself because he basically says
you can't really have a relationship
with Hashem
until you know who you are.
And he actually said most people will
want to do the Bilvavi stuff cuz they
want I want to be connected to Hashem.
But in reality, you need to understand
yourself.
So, that's where I think psychology and
therapy could be very very helpful
because you then understand yourself and
then you can take the mussar
and and and work on yourself. So, it's a
very very good question, but I think
there is room in life for both things to
work at the same time. Yeah.
There was an
interesting case in Michigan that ended
yesterday. Maybe you've heard of it.
There was a school shooting
about 2 years ago by a sick boy and
the parents got charged with involuntary
manslaughter,
which
holds them responsible for the murders.
Usually they get charged with some sort
of negligence, but this time they're
holding them accountable for the murder.
It's probably political to go after gun
owners, but that's a separate issue.
Yeah. So, I was wondering in halakha,
how much uh
trouble would a parent be in? The
background is that the kid they knew the
kid was crazy. They bought him a gun on
Christmas. That January he went and shot
up the school and they didn't tell the
school.
Yeah, so so so let me just remind you of
of of a case in the Gemara itself. The
Gemara says
if I give fire, if I entrust fire
to a cheresh shoteh v'katan,
to
a mentally incompetent person or a katan
a kid below bar mitzvah and they uh
destroy something, so I as a parent or
as whoever gave it to the kid is chayav
in God's law. I'm chayav b'dinei
shamayim.
But a beit din cannot punish me because
I didn't do it. That's why the Gemara
actually says um you know, don't mess
with a katan because if a katan hurts
you, you have nobody to go after. I
can't go after the katan and I can't go
after the parents. Halakha does not at
all accept b'dei adam that parents are
liable for things their kids do even if
the parents are negligent. But b'dinei
shamayim, if they're negligent, Hashem
will hold them accountable. But a human
beit din would not be able uh to be
mechayev them.
And even if the kids are above bar
mitzvah,
uh
and the parents told them In other
words, if I tell somebody to kill,
that's ein shaliach l'dvar aveira.
There's no shlichus for sin. So, it's
only the sinner that's chayav, not the
guy that hired the the hitman.
So, uh
now what's interesting is this. So, if
you're asking me from a pure halakhic
standpoint,
would there be parental liability for
manslaughter? The answer is no.
But you could ask the following
questions. There are a few questions you
could ask. Well,
that's under Jewish law,
but would things be different under the
Noachide law? Because if you're talking
about non-Jewish societies,
non-Jewish societies are not necessarily
going to be governed by halakha.
Non-Jewish societies are going to be
Well, they're governed by halakha, but
not Jewish halakha. They're governed by
the halakha of the seven commandments of
Noach.
So, here it would appear the following.
The Torah gives or the halakhic system
gives authority
to non-Jewish communities, general
communities,
to impose liability beyond
what halakha would say.
So, it would be a permissible extension
under the Noachide law, although it
would not be a mandatory extension. So,
in a sense that makes it a political
question. In other words, if you're
asking me,
could the state
impose liability on a parent? The answer
is yes.
Must it impose liability on the parent?
The answer is no.
So, between a could and a what must is
going to be the debate in society.
Should?
So, I think it would be left to the
political process. Again, people are
surprised whenever the answer in Judaism
is it's left to the political process.
But in point of fact, there are issues,
particularly under the Noachide code,
that are left to society to determine
based on what they consider to be just.
Now, in truth, some amount of liability,
whether it's manslaughter or negligence,
you know, that's a separate issue, I
think it's very very warranted. And and
the very fact that in halakha the parent
is chayav b'dinei shamayim
does tell me that the parents did
something very very wrong.
So, for the Noachides to then translate
it into some liability or sanction, I
think it's a relatively reasonable uh
step to take. Yeah.
I had a question about bal tashchis. But
um
I needed to tell the rav though.
Okay.
These are for the rav. Uh they're
parentals. They're absolutely beautiful.
Okay.
I was thinking since they're so
beautiful, I'll make art out of them or
something. And I was wondering if that's
bal tashchis. Yeah, yeah, yeah, bal
tashchis. Uh so, I'll tell you I I had a
related question when my son was growing
up
that um
they drew pictures in like
second or third grade and they
surrounded it with like dried macaroni,
colored macaroni.
And you know, we just left it around.
Then I realized in the middle of Pesach,
hey, you know, we got this picture here
with the dried macaroni. So, you got to
be careful. Lentils, okay, kitniyot are
not so bad. You're allowed to have
kitniyot. If Sefardim can eat it and
Ashkenazim can have it, so at least with
this there wouldn't be a problem. So,
the question is is it bal tashchis to
use edible food items? Right? That's the
question. To use an edible food item in
an artistic
uh situation.
Uh now, once again, if the pshat is you
could then
remove it and eat it, that's fine. I'm
assuming your question is that you're
going to be rendering it uh inedible. Uh
I think there is an issue. There is an
issue that um even though it's not
purely destructive,
it's constructive, but it's constructive
in terms of the secondary use and not
the primary intended use. An example
might be that sometimes uh some people
are machmir, they will not feed Let's
say you feed your dog. They will not
feed um an animal
food that is fit for human consumption.
Uh because they'll say human food should
go to humans and animal food goes to
animals and it's a form of destruction.
Now, even if you're meikel, that's
because it's still the idea of eating.
But when you're totally changing it from
its normal intended use, uh some would
say that that is called hashchasa. Now,
I want to bring you a a a um
uh maybe a contrary
ruling, which may indicate the other way
around.
Uh the in the time of Chazal and really
in the time of the Tanakh,
uh when people would die like a melech
would die, they used to burn his
possessions
as an act of homage that nobody else
should use them or whatever it would be.
Uh they would burn all sorts of things.
In fact, they do it in India it's in
India the same thing.
And uh this discussion is is that called
bal tashchis? You're just destroying
usable
clothing and and other things.
And the answer is it's not bal tashchis
because it's being done as an expression
of kavod
for the nifter.
And things that you're doing as kavod
for the nifter are not called bal
tashchis.
So, based on that, you could argue that
I'm doing something for aesthetic and
it's not for kavod, but for aesthetic
reasons. So, there is that counter
argument. And by the way, this has an
interesting ramification in hilchos
Shabbos.
You know, one of the 39 melachos of
Shabbos is to rip rip cloth.
Rip.
However, the ripping has to be
constructive. It has to be kireya.
You're ripping with the purpose of
sewing it up, meaning you want to make
it even. If you stam as I rip, that's
called mekalkel. That's a destructive
act. And although it's assur
m'derabbanan, it is forbidden
rabbinically, but it's not d'oraita
melakha unless it's done for a
constructive purpose. So, the Gemara
says if one rips garments because
they're furious, I'm so angry, I rip it,
that's called a melacha on Shabbos?
Like I felt walking in today.
Uh that's a melacha on Shabbos because
since it
reduces your anger,
that's called a constructive purpose for
melacha Shabbos, getting it out of your
system. Okay, maybe I'll take that into
account, too.
Um okay. So so there are rayos mikana
mikana, meaning to say uh your question
is not categorically forbidden, but it
it would would be better to be machmir
on it. Yeah.
Yes. Um in
just in light of the recent situation
with the controversy with autopsies,
there was just
Yeah.
just give an overview of what the
what what the halacha is and also when
when and if there would be a terumah
pack.
Yeah, this was again, I guess everybody
knows what happened. I mean, tragically
tragically and again we we should really
be thinking about the mishpacha in um in
Beit Shemesh or I'm not Beit Shemesh or
I'm on
Beit Shemesh itself, yeah. I mean, the
boy was the day after his bar mitzvah.
And the boy was a healthy boy and
Hakadosh Baruchu took him and it's a
real a real tragedy and uh
we should all be thinking the family
should have nachamas and comfort and um
and the like uh I guess
the boy died without cheit really, you
know, I mean, he became bar mitzvah and
left the world, so
he can't he's coming he came to Hashem
in a very good way.
Um I don't know all the legalities of
Israeli law. I mean, this is an old
issue that goes back to the 1950s
where Israel was doing autopsies without
permission and and the Frum community
were trying to desperately stop this.
I'll let's I'll get to the answer to
your question in a minute. In fact, I'd
kidai kach that I remember the 1970s
uh there were Chareidim or people who
would dress as orderlies or doctors with
white coats
and they would actually take the dead
bodies, they come into the hospital and
identify themselves as doctors and they
would kidnap the corpses
out of the hospital
in order to get them a kevura, bury them
right away without uh autopsy. And you
know, there are stories, I mean, you
know, if I want to laugh at laugh about
it, but for they they would literally
prop up a a corpse, they would dress
them up in clothes
and they would sit in a ca- taxi with
him, you know, and they would just tell
the cab, you know, this guy's drunk, our
friend is drunk, we just have to take
him
and you're sitting next to a dead body
uh dressed in uh regular clothing. It
and this is ad kidai kach that they
really they really had to do this. Now,
it's interesting that this resurfaced
because as a result of all of these
protests, the Israeli autopsy law was
changed and and basically most of the
time religious people have the right to
veto autopsies. So I just don't
understand the legality of this case,
but let me just mention generally the
halachic
backgrounds.
Uh as a general rule,
autopsies are absolutely assur al pi
halacha and there's a number of reasons
why it's assur. Number one, it's assur
because it is called nivul hameis. Nivul
hameis is disfiguring of a corpse.
You're cutting into a dead body,
removing burial parts, that is called
bizayon, uh degradation of a dead body,
that is called nivul,
disfigurement of a dead body.
Uh so that's one reason that it's assur
and this is a lo saaseh d'oraisa because
the Torah says even when somebody is
executed for a sin and you hang up his
body for a little bit so people can see
it, you have to take it down right away
because that's called a bizayon of that
which is in the tzelem Elokim
and kal vachomer actually cutting up. So
that's one problem. The other problem is
there is a chiyuv d'oraisa of kevura, of
burial. Every part of a body
that you're able to bury, you're
mechuyav to bury. So the parts of
autopsies are typically not returned to
the body. So there are two different
problems at least. There is nivul hameis
uh and there is the chiyuv d'oraisa of
of kevura. So as a result, an autopsy is
an awful thing. In addition, it is
brought down in Kabbalah that the
neshama itself suffers tremendously
when the body is not brought to a proper
kevura. This is also an issue with
cremation, uh similar type of idea.
There's a tzaar to the neshama mamesh.
That's why I tell people all the time,
they tell me, "What do I do? My mother
made me swear on her deathbed
that I would get her cremated. How can I
violate my mother's
last request?"
And I say, "Always
feel free to violate your mother's last
request. She will be very grateful for
you in Gan Eden.
You're not hurting your mom, you're
actually giving your mom a lot of
happiness in what you do." Now, here is
the thing though.
There is a famous classic teshuvah
of the Noda B'Yehudah, who did Rabbi
Yechezkel Landau, the great rav of
Prague of the 1700s,
where he writes, "Yeah, there's a very
big aveira called nivul hameis and the
like, but it's not one of the big three,
it's not avodah zarah, giluy arayos,
v'chlal damim.
So nivul hameis is permitted
b'makom pikauch nefesh in order to save
somebody's life that's in jeopardy." All
right, so theoretically, autopsies are
permitted
if they have a potential life saving
benefit. But here's the Noda B'Yehudah's
chiddush. He says, "Something qualifies
as pikauch nefesh
only if there is an existing person,
a choleh
l'fanenu, in front of us, meaning in our
well, in his day it meant in the
geographical location, today could be
worldwide, but there has to be a choleh
l'fanenu who might benefit, meaning he
is machalaik between an autopsy that can
directly help a person in a
life-threatening condition
versus an autopsy that is part of
long-term medical research that maybe,
together with a million other autopsies,
might save somebody in 20 years.
Uh
it is very very rare
that an autopsy, I'll give you an
example, but that that an autopsy can
actually be used to save a person. Now,
this might be a hetter for organ
donation.
A- again, maybe we'll talk about that
another time, meaning organ donation,
meaning the heart will go to somebody.
Okay? But standard autopsies which just
yield gene- general medical information
generally do not qualify for pikauch
nefesh. And the Noda B'Yehudah points
out because if you're going to say
anything that in the long term could
save a life is called pikauch nefesh,
then you might as well get rid of the
whole Torah. I mean, imagine a medical
student.
Uh you're a Frum guy in medical school.
So you say, "Well, gee, I got to drive
to this lecture on Shabbos because maybe
I'll hear something about preventing a
heart attack that may help me 5 years
from now."
Right? Or I got to eat this ham sandwich
because if I if I if I'm too tired to
hear the lecture, I'm not going to be
able to save a life. Right? There has to
be an immediate situation here. That's
called choleh l'fanenu. So as a result,
general medical autopsies
are absolutely not permitted even if
there is a potential, which is usually
slight anyway,
that will yield some life-saving
information for the future. Now, one
interesting example where autopsies
might be permitted, although we would
discourage it, is what is called a
forensic autopsy. Let's assume for
example
that somebody died
of foul play, poison, murder.
And through the autopsy, we would be
able to get evidence
that may help to apprehend the murderer.
So the poskim say,
"Since people who murder are likely to
murder again,
although you can actually question that,
but that's the assumption, they're like
rotzchim.
So therefore, getting information that
can get this guy off the street
is called pikauch nefesh."
So those types of autopsies would be
permitted because they could yield
concrete, even though you don't know for
sure, obviously you don't know for sure,
but it could yield concrete evidence
that
could get a dangerous person
out of commission. So that would fall
under the category of pikauch uh pikauch
nefesh. And even then,
even when the autopsy is permitted,
there is an inyan to try to retrieve
whatever body parts you can and then put
them in the kever along with the
the rest of the person's person's body.
Um so the general position of halacha is
that we are very very very much against
autopsies more or less for the same
reason we're against cremations
uh because it's a bizayon hameis. Now,
one other thing, it is important to
understand something about bizayon
hameis.
You know, the Egyptians had a whole
culture that almost worshipped death.
Now, people sometimes say, "Oh, you
know, don't speak evil about the dead."
Meaning, when the guy's alive, I can say
whatever I want to say about him. When
he's dead, it's sacrosanct.
Judaism proceeds on the opposite
premise. You have to understand
something.
The reason why we have so many laws
about kavod for dead bodies
is not because the dead body is more
worthy of kavod than a live person, it's
the other way around.
Since the dead body is like the mantle
of a sefer Torah, since it once housed
the divine soul,
we must show it kavod.
So kal vachomer, kal vachomer,
how much kavod you must have
for a live person. It's not that you
honor the dead more than the living.
It's the covered of the dead is because
it once was living.
And therefore you have to learn from
covered a mace.
The Indian of covered a breeze.
But there are classes in absolutely the
opposite of the death worship
of the Egyptian culture. Yeah.
So
when you when you have this idea that
people who have terrible things done to
their bodies that they're suffering from
it
is there is there some kind of
um hatred is not the word but is there
is there something that protects them in
cases where you know you have horrible
atrocities like where all their bodies
are destroyed by you know they did
nothing wrong but there's some
malevolent
force that goes after
Yeah well yeah I mean obviously the
Holocaust would be then outstanding
example. I mean there were
hundreds of thousands
I don't know I don't know if it if the
actual people were created were millions
but but
many many many victims of the Holocaust
uh died in the ovens in the crematoria
actually they were killed first but they
they were burnt in the crematoria
of of of Auschwitz.
Uh and uh obviously there's no sin there
you know people sometimes say according
to the strict Halakha people who are
cremated you know we don't sit shiva we
don't mourn I mean obviously that does
not apply to people who were victimized.
Uh so the question becomes uh what about
the spiritual suffering of the soul?
It's a hard question. Um it could very
well it may it may depend on another
question.
The Shulchan Aruch writes
that people who die
al Kiddush Hashem
feel no pain in their death. They only
get uh that
connection to Hakadosh Baruch Hu. So
this in turn opens up a huge question
whether Holocaust victims are classified
as people who died al Kiddush Hashem and
does it make a difference if they were
religious or not religious? This is a
very complicated question. Let me
explain why.
The typical paradigm of Kiddush Hashem
is when a person is given a choice. Like
the go over to a person and say
convert to Christianity or I'll kill
you.
And I'm willing to say I am go willing
to die before I give up my
worship of Hashem. That's called Kiddush
Hashem. I am sanctifying God by saying
my relationship to Hashem is more
important than even my physical life. So
that's Kiddush Hashem.
The Crusades would be Kiddush Hashem.
You know that that would be Kiddush
Hashem.
The problem with the Holocaust is
that there was no element of choice
there. Meaning to say even if a Jew were
to say I want to become a Christian.
So what? That was not relevant. In fact
there were nebach Jews who converted to
Christianity who died in the Holocaust.
Like one of them is a saint in the Roman
Catholic Church. Uh Edith Stein was a
Carmelite nun I mean she was a Jewish
woman who
became before World War II a Carmelite
nun
and uh she was deported to Auschwitz and
she died and the Catholic Church
canonized her as a martyr to her faith
which is a pretty bizarre
characterization. She didn't die as a
martyr to to Catholic they didn't kill
her because she was Catholic they killed
her because she was Jewish.
Uh so so there were Jews who were
religious of course there were Jews who
were not religious there were Jews who
were Christian but the common
denominator I mean I don't mean really
Christian but who who professed
Christianity but the common denominator
was they didn't have a choice.
So if you don't have a choice
where's the Kiddush Hashem in your
death? Is it Kiddush Hashem? Is it
Kiddush Hashem when you you didn't have
the choice of renouncing God or
accepting God?
So there's a big shailah here there is
lashon ayin
in a letter of the Rambam.
It's a letter it's not in the Mishneh
Torah and I think the lashon is a little
equivocal where the Rambam does say or
might say
that anyone who was killed because
they're Jewish
definitionally is classified as Kiddush
Hashem.
Meaning somebody gets killed in a car
accident you know that's not Kiddush
Hashem but if somebody gets killed
because they're Jewish and that would
include people who were killed in
terrorist attacks
uh people who were killed in Pittsburgh
remember uh what
what happened there? So if some people
were saying oh you know I mean some of
it I don't know I mean some say there
was a a lesbian prison whatever whatever
the story was it's not it's not
important and
uh but some people were saying that's
not Kiddush Hashem because they were
violating Shabbos and desecrating
Shabbos. According to the Rambam if they
got singled out because they were Jewish
that qualifies as Kiddush Hashem. So
that I think has a direct impact on your
question in terms of the tzar.
By the way this issue that that the
neshama feels pain when the guf is
mishandled comes up with another issue
as well.
Uh this is the base one of the bases of
the Halakha that you're not supposed to
relocate a kever
except for compelling reasons. Because
it says that when a mace is moved from
one kever to another kever
there is a lot of pain that the neshama
feels.
And that gets us into the discussion
well what about moving a body from Chutz
La'aretz to Eretz Yisrael?
Some will allow it but Reb Moshe was not
in favor of it.
Reb Moshe said that once a mace is
buried in Chutz La'aretz
that's that's where they should stay. So
this notion that the neshama feels tzar
when the guf is not handled properly is
something that's you know comes up
crossing a number of Halakhic areas.
Moving a mace autopsies cremation
all of these different different things.
Yeah. Two questions. Number one is it
okay to lean a sefer on another sefer
for a stender?
Uh number two um Cohen
on on Yom Tov
when he dochnens when he when he sings
is is it okay for him to put down his
hands while he sings?
Yeah yeah yeah so so the second question
is the answer is yes. Uh the chiyuv of a
Cohen dochening with his hands spread is
only when he is reciting the words of
the brakha.
The brakha Birkhas Kohanim must be said
with outstretched arms.
In the Mikdash they would actually they
would
in the Mikdash they would lift up their
hands. Uh outside of the Mikdash they do
it horizontally rather than vertically
but when they sing between the verses
uh he can put down his hands.
He could even sit down.
I think it'd look funny but he could you
know take a little break and and and sit
down
uh there there as well. Now in terms of
the first question am I allowed to put a
sefer on top of a sefer and use the
sefer as a as a stender? So first of all
on one level uh if you have to respect
the hierarchy so you couldn't put a
Gemara on a Chumash.
That much is very very true. Okay so
that's given. Uh but what about a Gemara
on top of a Gemara or or a Chumash on
top of a Chumash and the like? So
me'ikar hadin it is mutar it is mutar.
Uh some people are machmir I believe I
believe I don't want to say for sure
till I check it that Reb Chaim Kanievsky
was machmir.
He was very very machmir. Reb Chaim
Kanievsky had
well of course he was a great tzaddik as
well as gadol but he had certain chumras
that he was very very strict on.
And kavod of sefarim maybe that's why he
remembered everything. Kavod of sefarim
he was extraordinarily machmir. For
example he would never sit
with his back
to sefarim.
So if he had a bookcase he would always
position himself sitting on the side. He
would not even put his back to a shas.
Which very I mean he's he's probably the
only one who was knowing that way. I
mean you know we talmidei chachamim
uh often sit with their backs
uh to a bookcase and the like. So he was
machmir but I think me'ikar hadin as
long as you're respecting the hierarchy
of Chumash and the like uh you're
allowed to to do it.
Yeah.
I just have a second then.
The sevara of retzicha being ya'harog
v'al ya'avor
is from mai chazis.
Would this sevara apply to retzicha of
also or not?
Yeah so just a little background.
Uh we know that uh a Jew must be willing
to give his life or is obligated to give
his life before he murders somebody. So
if a somebody goes over to you and says
kill Reuven or I'll kill you
you are mechuyav to let yourself die
before you kill Reuven right? That's a
well-known Halakha
that you can't use your pikuach nefesh
to kill Reuven. Now you can kill the guy
that's threatening you
because that's rodef that's a separate
rule but the non-rodef cannot be killed.
Now the Gemara needs a derivation for
that. What's the derivation? Who says if
pikuach nefesh if I could violate
Shabbos to kill save my life
why can't I violate murder to save my
life?
So the Gemara says I'm just repeating
the question that we have a sevara. We
don't need a pasuk for this. We have a
sevara.
And the sevara is mai chazis.
Who says your blood
is any for some reason they always
translate who says your blood is
sweeter. It's
the verb is not sweeter it says who says
your blood is redder. Sumka. Mai chazis
didama didach sumak tvei. Meaning as
Rashi explains the Torah allows me to
violate Shabbos and kashrus
because the Torah says the value of
human life is higher than Shabbos and
kashrus.
But how could you say the Torah allows
me to violate murder to save my life?
That presupposes saving your life is
more more than his life. Who says?
And that that's the svara why shave
ya'altasa, you're not allowed to
actively murder somebody other than the
rodeph to save your life. By the way,
that itself is worthy of
uh comment. Well, what if, you know,
I am more valuable than him.
What if What if
I mean, you can imagine a million
scenarios. Um
the the oppressor says, "Kill that drunk
drug addict
or I'll kill you."
Well, okay. Or what if,
you know, what if
you know,
he puts a gun to the head of the godol
hador
and says, "Kill that, you know,
insignificant person or I'll kill you."
So the godol hador is supposed to say,
you know, even if he's modest, he says,
"Who says my life is better than the
What about that, right?" Okay, it's a
good question. But the basic
understanding is
that we regard lives of of of being of
infinite value
and infinity cannot be fractionalized.
You can't talk about half an infinity or
half an infinity is also infinity. All
infinities are,
at least in basic mathematics,
considered to be equal in that way.
So the question that you're asking is a
very excellent question. Does that apply
between Jews and non-Jews? In other
words, what if somebody puts a gun to my
head and says, "Kill the innocent, not
not the rodeph. Kill the innocent
non-Jew
or I'll kill you."
Now normally, of course, you're not
allowed to kill a non-Jew. We're we're
not suggesting, God forbid, that that's
mutar, but the question is, can I kill a
non-Jew for my pikuaḥ nefesh?
So this is obviously not a politically
correct question.
And as a result, we very very rarely
address it.
Um I'm a little uncomfortable addressing
it.
Uh the makor that I'm aware of
is the Minḥat Chinuch.
And the Minḥat Chinuch says
that indeed my chiyuv does not apply
as a Jew and a non-Jew
and therefore although he emphasizes it
is absolutely prohibited to kill a
non-Jew. I mean, that's a given.
But that would be a prohibition that
would be pushed aside
for the pikuaḥ nefesh
of a Jew.
There are those who would argue, but but
such a svara does exist. In fact, this
might even be a little bit of an
explanation
in the area of organ donation. And I
alluded to
you know, a short while ago
that part of the problem of organ
donation is autopsy, but the truth is
that was a very incomplete answer.
The real problem with, let's say, heart
transplants
is not the autopsy of taking a heart
from a dead body. That that's not really
the problem. In fact, most of the time
if that would be the problem, that is
pikuaḥ nefesh. You have somebody who
needs the heart.
The real problem is is the donor dead or
alive because that basically the way it
is is that the legal definition of
death,
let's say, in in 50 states in the United
States
and also the state of Israel
is something called brain death, meaning
the heart is still beating
by
oxygen supplied by a respirator,
but the the the respiratory center of
the brain is destroyed.
According to secular law in most places
in the world, that person is declared
dead and we can remove his heart.
Under halakha, there's a major
controversy
if brain death is death or not. Now if
you're machmir
and you treat brain death as not death,
removal of a heart is not autopsy.
Removal of a heart is murder.
The real problem, the halakhic problem
of a heart transplant, is not the same
as cremation
or autopsies. It is ultimately a problem
of the definition
of death. And the poskim are are argue
over the definition of death.
But according to the Minḥat Chinuch,
it could very well be that if the donor
is a non-Jew,
so even if the removal of the heart is
halakhically murder, you can murder a
non-Jew
to save the life of a Jew. So according
to the Minḥat Chinuch, that would
actually legitimate organ
transplantation from non-Jews for the
benefit of Jews. As I say, one has to be
very careful. I I can't
Unfortunately, the the sessions are
somewhat public, so I I
I I try to be reticent and that's why I
sometimes miss the old days of of
private communications.
Uh one has to be very very careful, but
but there is a basis in halakha for that
distinction that the questioner is
drawing. Yeah.
What about the stance on a DNR? Let's
say someone who wants to live or or
something like that.
DNR do not intubate?
Oh DNR, yeah, yeah. Yeah, so so here's
the thing. Um
Do not resuscitate. That means if the
person goes into cardiac arrest, you
don't do chest pounding, etc. Now
obviously, you're not allowed to kill
somebody, right? So we're not talking
about assisted suicide or whatever.
We're talking about shave ya'altasa. Am
I mechuyav to provide
medical treatment to keep somebody alive
or can I let, as the expression goes,
although it doesn't really look at it
that way, nature take its course?
So this is a a major issue in
healthcare.
Um you know, it's quite amazing that I
saw a statistic many years ago. I'm not
sure if it's still the same, that
something like
it's almost unbelievable.
Uh
2/5 of the healthcare budget
is spent on people in the last week of
life. These extraordinary
things. An amazing amount of money as
opposed to just letting people die at
some point. So
it's a complicated shaila. The basic
rule would be that as long as we're able
to keep people alive, we have a chiyuv
to keep them alive because of lo sa'amod
al dam re'echa. It's not murder, but lo
sa'amod.
However, Rav Moshe has a teshuvah
uh that says that even if you do
something, you're only going to be
marech chaim less than a year. That's
called chayei sha'ah.
And the person will be suffering
tremendous pain and yissurin, you're not
mechuyav to put a person through pain
and yissurin just for a temporary
prolongation of chayei sha'ah.
Now what that means is this,
particularly in the elderly,
uh
a lot of what is done in resuscitation
can be extremely painful. Uh when you
pound, uh the ribs can can can break. Uh
there can be punctured lungs.
Uh a lot of suffering and it is
generally also very ineffectual because
what's going to happen is that like, you
know,
you keep them alive and then half an
hour later you're going to have to do
the same thing again.
So there are heterim in those situations
for a DNR.
So it depends on the matzav. That's why
I should say the following.
Um Agudath Israel of America, which is a
very prestigious, eminent religious
organization,
has prepared a document that is called a
halakhic living will.
A living will is is also called an
advance directive. That's where you
specify ahead of time, when you're
healthy, what you want, what you don't
want. Legally, you could say everything.
I mean, legally you could say DNR. You
could say I don't want to be fed,
whatever it is.
But halakhic living will is two things.
Number one, you specify that you want
everything to be done according to
halakha.
And you specify the rabbi and the
telephone number and the email
who should be consulted, so the hospital
knows
who is the one that is consulted.
And then number two, you can also
indicate some of your preferences. So
instead of simply saying, "I want a
DNR,"
you basically say, "Any issue of DNR
should go to this rav for a psak."
And then hopefully, you'll talk to the
rav ahead of time to get a sense
of what what the psak is. So there is
room for DNR, but not in every case.
Does that same idea still apply to,
let's say, putting someone on oxygen
like we said before somebody's brain
dead?
We have a chiyuv to
keep them alive. So here we have an
interesting psak. We have a very
interesting psak from Rav Zalman
Auerbach, a big chiddush.
Rav Zalman Auerbach did not
consider brain death death.
In other words, according to Rav
Zalman Auerbach, somebody with a
clinical diagnosis of brain death is
still alive.
So if you take an organ, you're a
rotzei'aḥ.
But
Rav Auerbach said,
the matzav of brain death removes the
chiyuv of trying to keep him alive.
And therefore, you would not have to put
a brain dead person
on a respirator for action. So he's
mechayev, a very interesting chiddush.
The person's alive. There's an issur of
se'ah. There is no chiyuv to
prolong his life. Now by the way, again,
this is really a whole shiur in itself.
I just want to be sure people understand
the definition. When I talk about brain
death
as a the legal definition of death,
brain death does not mean somebody in a
coma.
Even under secular law, it does not mean
somebody in a coma. Somebody in a coma
is not conscious,
but the
base of their brain that operates
respiration and digestion is fully
functioning.
A person in a coma or a persistent
vegetative state is 100% alive, even
under secular law. You cannot take an
organ from a comatose patient.
Under secular law, not even halakha, you
shoot a comatose patient, you will be
tried for murder.
Brain death is not the same as coma. Do
not confuse them. Brain death is a
neurological diagnosis
that the brain stem is not functioning
and therefore there is no respiratory
capacity and all you're doing is pumping
in air
like a bicycle tire through a
respiration. That is where you have the
machlokes.
Dead or alive.
But coma is 100% alive. So when I say
brain death the problem is people
colloquially
call people in comas
brain dead.
Uh that is not at all
true. Yeah.
The Rambam says in this week's parsha "A
machasheifa lo tichyeh." Now I was sort
of really I was wondering what's the
definition of a sorcerer or witch?
Yeah.
Yeah, so machasheifa, right? Witches
cannot live and generally speaking the
Torah itself prohibits the practice of
what is called kishuf.
Kishuf is magic.
So what is that? Is that Is that a
reality? In other words, basically a
machasheifa
to answer your question directly is a
woman who practices magic.
So the question is what is magic?
So
the Rambam immediately has a certain
problem. I mean many many Rishonim
understand
that magic is a reality.
There is indeed what you might call dark
forces forces of evil. We don't really
have a sense of what they are in which a
person could tap in
to these forces of evil and do things
and therefore what the Torah is
prohibiting is the actual practice
of a reality that is called magic. Which
would mean today
uh it cannot does not it probably does
not exist at all. Meaning people who are
Satan worshipers or people who are
witches Wicca. Wicca is the religion of
witches. They have rituals. They may be
over They have a votive Zara. That's
possible. But they're not guilty of
machasheifa because as far as I know
they're not doing real magic and perhaps
we don't even have real magic.
So if you understand that magic is a
reality then I think the scope of the
issue is is pretty poshut.
It has to be a woman who practices
kishuf and not just what we call a witch
today.
The problem we have which you have is
the problem that you're raising is much
more acute according to the Rambam.
The Rambam
based on his rationalistic
uh tendency denies that there is such a
thing as kishuf. Even what the Egyptians
did is is uh basically uh optical
illusions, hypnosis and the like. There
is no such reality as magic just as the
Rambam says for example there is no such
reality as demons.
And the Vilna Gaon attacks him. The
Vilna Gaon says the Rambam was led
astray by his preoccupation with a
cursed Greek philosophy.
So here's the question. So if the Rambam
says there's no such thing as magic
what does the Torah mean when it says
thou shalt not practice magic?
And people who practice magic get
killed.
It has to mean even fake magic cuz there
is no real magic.
Wow. So what does that mean?
Uh I do magic tricks in front of
uh you know cancer patients in a
children's ward? I'm going to be chayav
misah?
There are in fact from
people who do magic tricks.
So you have to be magi with this way.
Like the Rambam the definition of
machasheifa is much more much more
problematical. And that is no such thing
as magic
but somebody who is trying to convey to
you that it is a reality.
In other words, when I'm a magician and
everybody knows it's just tricks
that's going to be much or even like the
Rambam.
You can be a magician, you can do card
tricks, you can pull a pull a pigeon out
of your shirt sleeve, whatever it is cuz
everybody knows it's a trick that takes
a lot of skill.
But if you are representing yourself as
being able to effect these realities so
according to the Rambam machasheifa is
not uh
defined by what you're really doing
but it's defined by what you're trying
to represent yourself
as really doing. The bottom line though
is that unless one is representing
themselves
as tapping into the powers of tumah
they are not guilty of magic just
because they're doing magic tricks or or
whatever. So that does mean that uh
schools like Hogwarts, you know, Harry
Potter, you know, you wouldn't really
would be a Well, I'll tell you one I'll
I'll give you a cooler for Hogwarts and
a chumra of Hogwarts. The cooler of
Hogwarts is
that you might be allowed assuming
there's no issue of magic just put that
aside you might be allowed to do these
tricks even on Shabbos.
Why? It's based on a Tosafos
in meseches Menachos.
Uh the Gemara says that Moshe Rabbeinu
Uh yeah, I'm going to say Tosafos brings
the reason why we say tzidkus tzaddik
God's judgments are good and they're
three verses Shabbos Mincha because
three righteous people
Shabbos afternoon
and we express a certain mourning for
them. It was Yosef HaTzaddik and it was
Moshe Rabbeinu and Dovid.
So Tosafos in Menachos asks a kasha
how can we say that Moshe Rabbeinu died
Shabbos afternoon?
According to Chazal's understanding on
the last day of his life
he wrote 13 sifrei Torah.
One went into the Mishkan and one each
shevet got its own sefer Torah.
So 13 sifrei Torah he wrote. If he died
on Shabbos how could Moshe Rabbeinu
write it on Shabbos?
So Tosafos' answer is
since by definition this writing was
supernatural
it was not normal writing so Tosafos
says melachos that you do supernaturally
b'derech nes are more or less not called
melachos for hilchos
Shabbos and therefore Moshe could write
13 Torahs b'derech nes. So that would be
a heter to attend Hogwarts on uh even on
Shabbos. But l'eidaich gisa, the other
side of it is there would be an issur
d'oraysa of kishuf. Right? So that's
also a chiyuv misah. So you're okay for
chillul Shabbos but you got a problem
with kishuf. Yeah. That's good to see
this point uh
So do we say that all of the building of
the Tabernacle, all the melachos for
that were mundane melachos? Like they
were like of teva of the world?
Yeah, that would be our assumption and
indeed there's a good religious reason
for that that Hakadosh Baruch Hu wants
us to bring the Shechinah into the world
by our heavenly efforts. It's einach
anami. But not by by our earthly
efforts. Yeah. Yeah. Didn't they like
pick up the walls supernaturally?
Like the
For the Mishkan? Yeah.
Well it does say that for the seven days
of preparation
which preceded the dedication of the
Mishkan that Moshe Rabbeinu
single-handedly was able to pick up and
take down take down the walls. Um but it
seems that for the rest of the sojourn
in the desert once the Mishkan was
dedicated it had to be put up b'yedei
adam.
Yeah.
Here's another shailah.
At non-Jewish weddings as some of us
have seen in the movies the person
officiating always says "If anyone
objects to this marriage speak now or
forever hold your peace."
Yes. Since they copied so much of our
religion I'm wondering if this was ever
a part of Jewish practice.
Alternatively if it's 100% of non-Jewish
origin why is it antithetical to an
authentic Jewish wedding?
Yeah, well that's that's an interesting
question. I I'm not aware of any
particular minhag that existed
where the mesader kiddushin or the rav
would announce if anyone has an
objection.
Now the truth of the matter is al libi
d'emes if somebody does have an
objection they should speak up. I mean
if you know that somebody is pasul, you
know the woman is divorced and she's
marrying a kohen. But I don't believe
there was any formal
tachnis, any formal ceremony where a
person would speak up. Um
I don't know the origin of the
Christian practice. I'll I'll I'll try
to check into it. Uh presumably it arose
because of a need. These things don't
arise just dam as I. Presumably there
were situations where you know marriages
were not appropriate and people needed
to speak up. So they kind of
incorporated and it could very well have
been
that it was borrowed from a one-time
Jewish thing where you know some
Christian who had been Jewish or
whatever had observed it and then said
"Hey, that's a smart idea." and made it
into a ritual. But I'll I'll try to
research it. I I don't know off the top
of my head. Now
there's another This just reminds me of
something else which is not your
question but it reminds me of this.
Uh in
uh the Ashkenazi communities of Eastern
Europe, Poland, Lithuania
uh Russia there actually was a common
practice
that synagogue services would be
interrupted on Shabbos before krias
haTorah for people to air their
grievances.
You actually have a situation I mean and
women often did this. Women would go
into the men's section
and they would stop the davening and
they would get up in the bimah and they
would say you know "My husband abandoned
me and you know he left me with five
orphans. So what are you going to do
about it?"
And there's all sorts of teshuvos about
interrupting shul, interrupting
davening, about women coming into the
men's section. This was a fairly common
practice where the davening would be
interrupted
uh in order that the kehilla would deal
with a particular grievance that
somebody was suffering. Yeah.
How do you prioritize doing davening and
learning? Like if there's something that
goes like like much effort into learning
takes away from the davening or vice
versa.
Well,
uh
obviously, you know, the short answer is
you got to do both. Uh but the question
is that uh you're you're davening late
and you'll be coming you'll be missing
some learning because of the davening.
Uh and Uh say what there? Or just
effort-wise like, you know, Effort,
yeah.
It's it's a good question. I I I'll tell
you this. The Vilna Gaon says
that a person should limit the amount of
time he davens, but the Vilna Gaon says
that means don't daven more than 3 hours
a day. So So as a practical matter, he's
not really limiting uh the davening. But
I I would say this. I would say that all
of the gedolim tell us
that the effort you put into davening
will not diminish your learning. That's
the thing. Because Hashem will open up
brachas for you precisely because of
your relationship in the tefillah. So
even if that would mean that a longer
davening might take away from some of
your learning,
all that means is you will accomplish in
less time
what would have taken you more time. So
uh what you would accomplish in an hour
and a half, you'll be able to do it in
an hour because of the effort you put in
tefillah. So I wouldn't look at it as a
contest. I wouldn't look at it like a
zero-sum game. That what I invest in
prayer will somehow come out of my
learning. I think it's the other way
around. Uh the tefillah will enhance
your learning in a lot of ways as long
as you don't go as long as you don't go
beyond the 3-hour
uh the 3-hour limit. Yeah.
I had a question about the ger katan
process.
Yeah. Um
in my research the person is supposed to
be asked at age 13 uh and then he is
high if he says yes for his entire life.
So some questions is 13 seems young to
make a lifelong decision, you know,
something that's going to affect a
person. Second, what if he wasn't asked
at 13? What if he was asked at 15? What
if he feels he was under duress because
his parents were in the room or was in a
muster issue and the question was you
want to be Jewish, right? I mean, what
if after 35 years he realizes he just
doesn't like Jews? They haven't been so
good to him except for let's say Orson
Ma'ayan and a handful of people, you
know.
Um what if he just changes his mind and
what if he was just doing it not to go
to hell? Like Yeah. So just again, just
be sure everyone has the basic
information. Uh normally, in order for a
conversion to Judaism to be valid, there
are three conditions and all three have
to should be done in front of a bet din
of three rabbis.
Uh there is a bris for a man, there is
immersion in a mikvah for man and woman,
and there is a formal declaration that
they will live their lives in accordance
with the mitzvahs of the
uh man and woman.
Uh
in fact, that's done before the mikvah,
etc. And those are the three conditions.
If those conditions are not met and if
and if it's not in front of a kosher bet
din, the conversion is invalid. Now,
based on that standard alone, the
conversion of a child below bar mitzvah
would be impossible
uh because uh anyone below bar mitzvah
is below the age of consent and
converting a baby would certainly not
make sense. And yet the Gemara in
Kesubos
legitimates
the ability to convert minors. And by a
minor, we mean even a baby that's 1 day
old.
I don't mean a 10-year-old only, a
1-day-old baby
based on the idea that even though the
katan does not have
any intention or any consent, but since
being a Jew is a good thing,
we can confer benefits on people
even without their consent if they're
not capable of giving consent. This is
called zachin
li'adam
shelo befanav. How and in fact, that's
what's commonly done with adoption. For
various reasons, Reb Moshe Feinstein has
a teshuvah that if a Jewish couple wants
to adopt, it is halachically easier to
adopt a non-Jewish child that you
convert than to adopt a Jewish child.
It's a bigger mitzvah to adopt a Jewish
child, but the reason why it's
halachically more complicated is that
the Jewish child might be a mamzer. You
don't know the parents, etc. A
non-Jewish child, no matter what the
circumstances, even if it was adultery,
is not a mamzer.
So
what we do is we convert a baby. Uh what
does that mean? Uh the baby is
circumcised if it's a boy.
The baby goes to the mikvah. That
doesn't mean you throw the baby in the
mikvah, but you know, dad will go into
the mikvah and
hold the baby down
uh for a second in his arms.
And the acceptance of the mitzvahs is
not on the part of the baby, but the
parents agree
they will raise the child in accordance
with the Torah. Now, this is a totally
valid conversion. This is called the
conversion of a ger katan.
But there's one big big big major
difference
between the conversion of a minor and
the conversion of an adult. The
conversion of an adult is irrevocable.
Once you have decided to become Jewish,
even if you change your mind that you're
like any other Jew that goes off the
derech, you're Jewish. If If a Christian
converted to Judaism and then
reconverted to Christianity, he is
Jewish and there's a mitzvah to be
makariv.
On the other hand, since the geirus of
the katan
is not based on actual consent,
but it's based on presumed merit, when
he reaches the age of 13,
the age of adulthood, he has the right
to renounce his conversion. By the way,
people often say I'm glad you you did
not make this mistake. People often say
when he reaches 13, he must go to the
mikvah again.
Not true. He does not have to go to the
mikvah again. He certainly doesn't have
to have a bris again. That was done
bris.
Uh rather, he has the right to renounce
his conversion
and become a
And by the way, he could later convert
as an adult.
That doesn't stop him from going back.
So
the rule of the halacha is this though.
It's a little different than you said.
You don't have to actually ask him. It
works this way.
If he fails
to renounce
his conversion
within a a reasonable time after his
adulthood,
that is considered to be acceptance. He
doesn't have to accept. Failure to
reject
equals acceptance.
Now,
Reb Moshe Feinstein once again has a
teshuvah.
In order for a failure to reject to be
deemed an acceptance,
the child had to know
that he had the right to reject.
So Reb Moshe says, if the child didn't
know this halacha, he wasn't told this
halacha, and he doesn't find out this
halacha till he's learning Kesubos in
Daf Yomi when he's 45 years old,
then he has the right to reject it then.
So if he knew the halacha and didn't
reject, then he is stuck. Then it
becomes an irrevocable decision.
If he didn't know the halacha, he'll
have the right to reject within a
reasonable time, whatever that means,
after he he does he does find out. Now,
that's why I always tell tell parents of
adopted children who converted that be
very nice to your kid around his bar
mitzvah because if you're if you're
being too tough for him
and making him, you know, laying a whole
parsha whatever it is, he might after
you paid for the hall, he might decide
to be a and then you kind of lost
you've lost your deposit.
Uh
now,
generally speaking, you you almost never
hear about
a kid who was converted as a katan,
you know, saying I don't want to be
Jewish. But I actually had I actually
had a case like this.
Um this was a Russian couple
and uh she was non-Jewish, but she
converted along with their child who was
converted as a minor.
And they called me one day. Their child
is now uh whatever it is, 13 15 15
and says they don't understand what's
going on. They say my child says he
doesn't want to be Jewish anymore. Says,
I have What is he talking about? They
didn't know any of these halachas. And
it turned out that the kid learned the
halacha
when he was 15 about this and he wanted
to renounce.
But he had a spiritual reason why he
wanted to renounce. He said, "Listen,
I would rather be a Noachide and get
Olam Haba
based on the seven commandments of Noach
than to be a Jew that's going to get
punished for every little aveira. So let
me be a Noachide. I'll be a righteous
Noachide."
Almost leshem shamayim renunciation.
So
I tried to talk him out of it. I said,
"Listen, you know, you're a Jew. Why why
are you why are you fooling around
here?"
Uh but I believe he did I was not
involved in the renunciation process per
se. I believe he did renounce.
And several years later,
he reconverted as an adult.
And I believe he lives in Yerushalayim
with a mishpacha. He's a ben Torah. He's
a ben Torah in Kolel.
But he did have a lot of problems with
the rabbinate. The rabbinate couldn't
I mean, the rabbinate anyway has
problems with all conversions and they
they couldn't really process, huh, you
were converted, then you reconverted,
and renounced. Well, they they really
couldn't understand what was going on.
But that's exactly what happened. He
renounced his conversion as a minor
and then he affirmed his conversion or
No, there he had to reconvert. See,
that's different. You see? When he
renounces
and then says later I want to be Jewish,
he does have to go through the
conversion. So in terms of bris milah,
you got to
let out some blood. He has to go to the
mikvah again. But if he's not
renouncing, there's no reconversion
that's needed. Now, an interesting
shailah of Chaim Ozer Grodzinski raises
is
what is the meaning of renouncing? Let
Let me give you a concrete example.
Let's assume you adopted a child
and when the child is 13, he decides he
doesn't want to be frum anymore.
He stops keeping mitzvahs.
Is that called
a renunciation
that invalidates the conversion?
So, Rav Chaim Ozer draws an interesting
distinction
between not wanting to be Jewish
and not wanting to be frum.
He In fact, it's very common. A lot of
people, you know,
let's say you have a teenager who
stopped uh keeping mitzvahs.
If you would ask him the question,
um would you Do you want to be not not
Jewish?
Many, not all, many would say, "Of
course I want to be Jewish. I'm a Jew."
I don't want to be frum.
So, Rav Chaim Ozer says, "Not wanting to
be frum is not a renunciation of
Judaism.
It's a ren- It's a ren- It's a
renunciation of the Torah, but it's not
a renunciation of wanting to be Jewish.
In order to renounce, you literally have
to say, 'I don't want to be a member of
the Jewish people.' And that is, baruch
Hashem, a very, very rare
situation.
So, the Gemara does not say in front of
a beit din, but the minhag is that we we
we we do want a formal a formal
declaration. Because otherwise,
people have thoughts go back and forth.
Like, you know, the teenager has a bad
day and says, "No, no, I don't want to
be Jew- It has to be a serious enough
thing that we take this as a commitment.
Yeah.
Yeah, um
assuming
autopsies
are illegal when you do so,
if if it isn't by everyone held that
way, and then if if not, if everyone
held that way,
and you kind of had there for,
let's say, to
save a life in the future,
Right, right. So, so I addressed this
earlier. Uh the basic idea is autopsies
are permitted if it can yield
life-saving information for somebody
who's presently in danger. Meaning, you
you're not allowed to do autopsies for
long-term benefits. Uh there has to be
an immediate beneficiary. By the way, I
I want to just add something to the
autopsy discussion. This was a major
issue and it is still an issue in
medical school.
Uh because the way medical students
traditionally would learn human anatomy
is they would dissect
actual corpses.
Now, this is not the autopsy, you know,
for a specific medical reason. This is
general educational autopsies.
And based on the Noda B'Yehuda, the
general educational autopsy would be
absolutely assur. The interesting
question is, do the autopsy prohibitions
apply to not to non-Jewish autopsies?
Some matirits.
This arrived from Rav Bachoras.
Uh Rav Cook has a long teshuvah that the
yesod of autopsies is is a violation of
being made in the image of God, and that
applies Jews and non-Jews, b'tzelem
Elokim.
So, as a result,
uh medical schools are trying to move
away from the use of cadavers.
Uh and the truth is, with uh computer
simulations, which are getting better
and better and better and better,
it's possible to replace, but still, one
probably has to admit that there is
nothing like the real thing. So, um
it's an issue that people are struggling
with. Uh halacha does not really allow
those types of absolute autopsies. And
the question is, uh
how do you How does a doctor train if
he's not allowed to do those autopsies?
Yeah.
Yeah. Um so, I do I recently had a
scenario where I
I know you Okay, yeah, yeah. I recently
had a scenario where I matched with a
cancer patient to donate um like blood
to him,
and they flew me out to America, and I
wasn't really sure
Took like 2 and 1/2 weeks, 3 weeks. And
I wasn't really sure if he was Jewish or
not. I want to know how How pashut is
that scenario to like just take off 3
weeks from the yeshiva to go
save a life? Yeah, um yeah, the issue is
you be you uh you you go on to a
registry. This was a for blood or for
bone marrow? Was bone marrow? Yeah, bone
marrow Yeah, yeah, whatever, bone marrow
registry. And then uh when they find a
person who is compatible with you,
because the body rejects
non-compatible material, so you'll be
notified and uh the you know, may take
uh may take a while. Uh you may be stuck
there.
Uh
if you're working, you take off from
work. If you're learning, you're taking
off from learning. And that's a serious
thing.
Uh so, the question is, uh
should I take off my learning? Cuz I can
always say no. I can I can say no.
So, and is there a difference uh if it's
Jew, and the like? So, let's first
take the case of a Jew. If it's the case
of a Jew,
uh you do have a chiyuv d'oraisa to help
save a Jewish life. That's l'hatzalah
dam r'yacha.
But even in the case of a Jew, you have
to ask yourself this question, are you
the only one? Meaning, there's a general
rule for Talmud Torah
that you don't take off Torah for a
mitzvah that can be done
by somebody else, even b'kuach nefesh.
So, the question you'd have to know, I
don't know if they tell you, is is there
somebody else on the list that is
compatible?
If they are, then you have the right to
say no. Uh if there isn't, then you have
to go. You have to go.
Now, with respect to a non-Jew, it's a
little more complicated, really. It's
not such an easy question, because
halachically, even if you're allowed to
donate, and I'm I'm assuming you are
allowed. Some people are machmir even on
that, but let's assume you're allowed,
but you're not chayav to do it, so the
question becomes, do you have a
justification to be m'vatel Torah
for something you're not even chayav to
do?
Uh
technically, the answer is probably no.
You shouldn't be m'vatel. But that has
to be counterbalanced
with what Chazal describe as eivah.
Eivah is hatred. Meaning, uh if you
refuse to
save a non-Jew's life, you may be
causing tremendous hatred against the
Jewish people and against the Torah, and
that would be an override to to go for
the 3 weeks. Now,
Huh?
Well, okay. Eivah is the flip is the
flip side. Uh kiddush Hashem is the
positive, eivah is the is the negative.
But I would just tell you I'm sorry, you
you said you already went, right? That's
what you said. Yeah, okay. Baruch
Hashem, did you know was it Was it a
successful uh Baruch Hashem, I think it
was. Wow. I have to say I think it was
Jewish or not, so No, no, you
understand. But But even for for for
non-Jews, there's at least the kiddush
Hashem as well as the eivah of not doing
it. So, uh but you have to be careful
that even if I'm away from yeshiva for 3
weeks, I'm still going to
be kovea itim l'Torah. I'm not going to
just treat treat it as a long as a long
vacation. You know, there's a vort from
Rav Yaakov Kamenetsky. It's a It's a bit
of a bitter sweet vort. You know, it
says in Pirkei Avos,
ein ben chorin ela mi she'osek b'Torah.
The only person who's free is a person
who learns Torah. Right? That's cheirus.
Real freedom is Torah. So, he says, he
understands it now. He says, uh in New
York, there's like a chasunah every
every night. Every night there's sheva
brachos, chasunahs, etc. And yeshiva
guys are always taking off. Like, every
night seder, there's a wedding in
Brooklyn that they go to. He says, uh if
you had a job, you couldn't take off
from your job to go to this party and
that party and that party. But if all
you're doing is learning, you can take
off for everything. So, he says, "That's
the pshat. No one is free except if
they're learning. When they're learning,
they're l'gamrei ben chorin.
They can do whatever they want." And
that's uh you know, once again, one has
to look. In fact, someone will say, in
the morning, when we say birchos
haTorah,
we say, "Asher kid'shanu b'mitzvotav
v'tzivanu la'asok b'divrei Torah." To
occupy ourselves with Torah. So, they
say, "Osek is also the word for
business." La'asok, he says, "Torah is
your business. You got to look at it
like it's your job." And therefore, you
have to treat it at the least, I mean,
it should be much more, but at the least
as seriously as you treat your job. So,
it's something to think about. Yeah. At
which point do we say that carrying a
gun would be um permitted
uh hishtadlus for
Yeah, once again,
once again, this is a hard this is a
hard question. Uh I can just tell you
that Rav Asher Weiss, uh shlita, said,
didn't say b'feirish, that he thought
that more b'nei Torah should carry guns,
and he considered it to be a legitimate
hishtadlus. Now, obviously, not
everybody agrees with that, because you
don't really see In fact, I don't think
Rav Asher Weiss carries a gun. I mean,
you know, I'm
It's a little hard to figure out. Uh
but you don't you don't see a widespread
carrying of guns. I I
This can change from day to day to day
to day. My own hargasha is that right
now, it's it's not yet necessary in
regular places like Yerushalayim,
but things can change. Things can very,
very definitely change, and one has to
be attuned to it.
And uh some feel that you want to get
the training now. So, if chas v'shalom,
it gets more necessary, uh you'll be
able to step in, because, you know, you
can't just get a gun tomorrow. If I
decide I need a gun, I can't just get it
tomorrow. I have to go through a period
of of training. So, maybe it's better to
to plan plan now.
Uh
you know, mineyan l'mineyan, I mean, you
know, you know right now that um
the US is putting a lot of pressure uh
for Israel to give what, a 130-day
truce uh to allow Hamas to rebuild. I I
The world of absurdity. To allow Hamas
to rebuild its military structure
uh in exchange for releasing hostages.
Uh
so, you know, we hope that that's not
going to happen, but that can also
increase, God forbid, increase uh
the dangers. So, it's it's something to
be aware of.
Uh, yeah. How do we define Emunah Pshuta
um
in your show, how do you define it?
Yeah, the term Emunah Pshuta the the
these are often terms that are
contrasted. We have Emunah Bederech
Chakira. Chakira is philosophical
uh understanding of Emunah in which you
try to prove the existence of God by
rigid and logical, systematic,
philosophical thoughts. And Emunah
Pshuta is more of the intuitive Emunah
that is based on emotion and feeling.
Uh, as you know, the Rambam was the
great expounder
of a an Emunah that was rooted in
rational philosophy.
Uh, others, actually the Kuzari and much
later, of course, Chassidus and Kabbalah
were much more emphatic in terms of this
intuitive connection. And in fact, they
considered philosophy to be a very, very
bad thing because
it if if you think about it, uh
the Rambam created a dilemma that's
almost impossible to bridge. The Rambam
says, you are mechuyav to
philosophically investigate
the existence of God
and you're mechuyav to come out that you
believe in him.
Now, you understand there's a problem
here uh because if I'm commanded to
philosophically investigate something
how can I be commanded
that I have to come out with a
conclusion?
Right? You're commanded to be
philosophical and come out with the
right answer.
You know, it's not always possible. So,
as a result
other than the Rambam, the Mahalach has
generally been better not to get into
that if you don't have to get into that
because you're opening up a Pandora's
Box of Apikorsus and Kefirah. And once
the genie is out of the box, if I can
use the
I don't know what is our imagery, it's
hard to put it back in. Uh, this is the
phenomenon that I've spoken about. I I I
I thought I invented the term, but
somebody told me it was already being
used. I call this the Meer Apikorus.
Uh,
again, without meaning to single out
Meer, but this is the phenomenon, which
is a very unfortunate phenomenon, of
Bnei Torah, some in Kollel Mamash
who after years of learning
all of a sudden say, "Uh, I don't know
what the proof is for God. I don't know
what the proof of the Torah, etc."
Because once they get involved, it's
like a poison in many ways.
Now, that's why which in Ohr Someayach
we do not mean to say, but as Rabbi
Gottlieb
does explore these issues.
That's simply because our clientele has
already been exposed to them. Meaning to
say,
you know Richard Dawkins, you know
Christopher Hitchens, you know Sam
Harris, you know these guys.
All right? So, once you have taken the
poison
so we have to try to supply the an- the
antidote to the poison as best as we
can, but many have argued it's better
not to get into those questions at all
because you never know where you're
going to come out. So, Emunah Pshuta is
based on the notion of I believe in God
without having to be philosophical about
it. But but but it's important to add
the following.
People sometimes say that Emunah Pshuta
is irrational.
It's blind leaps of faith. That is not
emes. The emes is even Emunah Pshuta
is not necessarily
philosophically sophisticated.
But it is based on premises of looking
at the world, looking at the wonder of
the world, looking at the complexity of
nature, looking at the miracle of Jewish
survival. It is not ignorant of looking
at the factors that point to God. It
just doesn't develop them in in a
rigorous, academic philosophical way.
So, there really is no such thing as an
Emunah Pshuta that's not based on any
type of ration- rationality. Even Emunah
Pshuta has its own internal rationality.
That's important. Yeah.
What what is Daas Torah and how do we
know when we are reading the label?
Yeah, so the word Daas Torah uh
you hear it a lot uh
and it it really was
popularized really
by Rabbi Chaim Volozhin.
And and that is the following.
Some people have a view of Gedolei Torah
that they are plumbers. What What do I
mean by that? A plumber is a person with
a certain expertise. A plumber knows how
to fix sinks.
So, when I have a sink that I need to
fix I go to a good plumber.
But a plumber doesn't necessarily know
anything about brain surgery or about
fixing cars or about politics or the
like.
So, some people have a view
that Gedolei Torah are experts
in Jewish law.
So, if I have a shaila in Halacha
I go to a godol or a posek or a rav or
what- whatever it would be. But when I
have a general question about how do I
raise my kids or who should we should
vote for or whatever it is, so the idea
is his my opinion is just as good as his
opinion.
The chiddush of Daas Torah
is
that people who learn Torah in a
righteous way, I don't mean just
scholars, people who learn Torah in
their mussar to tell you that,
have a special connection to Hakadosh
Baruch Hu.
And because they have a special
connection to Hakadosh Baruch Hu, their
views on everything
are more likely to be emes even if it is
beyond the particular area
of their expertise.
Right? So, Daas Torah is the system that
recognizes that Gedolei Torah have a
perception
which is a form of prophecy, almost a
form of Ruach Hakodesh in some ways,
that even if they never had experience
with certain areas, they'll have an
intuition of what the ratzon Hashem is.
Now, you understand that's a bit of a
controversial
idea because some say, "Hey, if a godol
spent his whole life learning Shas and
Shulchan Aruch
then I trust him for things that are in
the Shas and Shulchan Aruch, not
necessarily other things." Daas Torah
says, he's connected to everything. Now,
because of this Daas Torah can exist in
greater or lesser proportions. Meaning,
in a sense every person, even us, every
person who learns Torah
has a certain amount of Daas Torah.
But it's likely to be relatively small.
Right? So, it's not that every talmid
chacham has Daas Torah at its maximum
level, but all of us have something.
Rabbi Chaim Volozhin says, "If you have
a shaila in life
and you're not sure where what to do,
you should learn for 2 hours straight.
And whatever you feel after those 2
hours is your Daas Torah coming
through."
So, when we talk about Daas Torah though
as a veto, the final word, the final
word so we're we're really talking about
only the greatest of the Gedolim.
So, then you're asking me a question
again,
how do you define
who is a godol, who is a Torah leader?
Uh
it's a it's a very, very good question.
Who defines
the godol?
This is a live controversy here in Eretz
Yisrael. We have, let's say, the
Chareidim I'm I'm I'm being simp-
simplistic here. We have the Chareidi
world, let's say, we have the Dati Leumi
world.
Now, that Dati Leumi world has some
great talmidei chachamim
who some would regard
as a godol.
Within the Chareidi world, they
sometimes might not regard them as a
godol.
So
who has Daas Torah when you're not sure
who the godol is?
Um
you know, I can't really answer that
because you're kind of because that that
that runs us into a circle. Meaning
Daas Torah is
something that is the province of a
godol.
So, if you hold he's a godol, then
there's Daas Torah. If you hold he's not
a godol, it's not Daas Torah. Right? But
that doesn't give you the standards.
That depends on your kehilla. Now, I
will say one thing. I think the Meshech
Chochmah said
that
the sign
of who is a godol
is whether he is accepted by other
Gedolim. It's not necessarily
popular vote.
It's if other Gedolim
see him as a godol
then min Hashamayim he probably is a
godol.
Of course, at some point, you know, you
get into a problem of
who made them Gedolim, right?
You have this issue.
On the other hand, there's another
Mahalach
that actually says Klal Yisrael itself
has an intuition
to whom they gravitate.
Regardless.
There was a beautiful interview, I
mentioned this before, with Rabbi Moshe
Feinstein in the New York Times
in the 1970s.
It was an article about Rabbi Moshe
Feinstein. Actually, somebody actually
unearthed it and sent it to me. But like
Rabbi Moshe was being interviewed or uh
on his 70th birthday or something.
And the kind of the question became like
"How did you become, you know, the big
guy?" Meaning, why why why do everybody
go to Why does everybody go to you?
So, Rabbi Moshe in his very charming and
humble way said, "You know,
people ask you a shaila, they see a
rabbi with a beard, and they ask a
shaila
and they like the answer. The answer
makes sense to them, so they tell people
around, you know,
this is Rabbi you could ask. So, you
know, so another person asks, so
eventually a lot of people ask ask
questions, you know, because people
gravitate."
Actually, I heard from my own rosh
yeshiva, Rabbi Weinberg, who grew up on
the Lower East Side. He said
that Reb Moshe became very popular
because most rabbonim charged when they
looked at chickens. In the olden days,
you have to buy your chicken and a was
shochet and
you have to inspect it for
abnormalities. So, often you have to
bring the chicken to the rav.
So, every rav on the Lower East Side
charged a nickel for looking at a
chicken. Since Reb Moshe did it for
free, so that itself
created
a certain popularity. But, there is a
suggestion that Klal Yisrael gravitates
to So, Reb
So, Reb Meir Shapiro says, it's the
gedolim that choose the gedolim. Reb
Moshe's story seems to may indicate Klal
Yisrael
chooses the gedolim. Yeah.
Yeah.
Yeah. Yeah. Yeah. Yeah.
You know, um yeah,
you know, I I I I really respect uh the
question. The question is a real real
real real real difficult question. And
it's a question for people who are even
totally committed to be from. They're
not even struggling with I'm going to
desecrate Shabbos. But, there are people
that Shabbos, which is supposed to be
the most holy day, the most enjoyable
day, the most pleasurable day,
Shabbos can be a torture for people. If
you're not connected So, if So, if
baruch Hashem you like to learn Torah,
baruch Hashem you have the bracha of
hours and hours and hours of learning
Torah,
there's no pleasure greater than that.
But, what if you don't like to learn
Torah? Never could not like to learn
Torah.
So, you have a davening and you have
eating
and then you have sleep. But, how long
do you sleep? Anyway, you know, kids
don't sleep that much anyway.
In fact, I remember when I was in ninth
grade
and
I had not been used to taking a Shabbos
nap. And now I I do it already, but
then I didn't. And the whole Yeshiva was
asleep. I remember the whole Yeshiva
sleep Shabbos afternoon, I was going
crazy. I didn't know what to do.
I was like wandering the halls in search
of somebody, you know, like nobody was
alive. Right? So, Shabbos you can go
crazy.
Uh in the winter you go crazy Friday
night, the long nights. In the summer,
maybe it's even worse, you know, Shabbos
is over 8:00.
So, you're raising an interesting
proposal.
And the proposal would be, well,
let's take something like playing a
musical instrument. Now, playing a
musical instrument on Shabbos is not one
of the 39 melachos.
In fact, under Torah law, it's
absolutely permitted under Torah law.
Ela mi, the chachamim made a gezeirah
that you're not allowed to play musical
instruments on Shabbos because they were
afraid that maybe it would break, a
string would break or something and you
would fix the instrument and that is a
melacha. That's the melacha of make a
batish, of making a clay. So, this is
the familiar gezeirah form. Don't do X,
which is mutar, because maybe you'll do
Y. So, your question would be, well,
listen,
if I have a kid and if the kid goes
crazy enough,
he'll want to text or want to turn on
his uh iPhone or whatever it would be
and he might be transgressing melachos
d'oraisa.
Maybe it would be better for me
to permit
infractions that are less chamur
in order to avoid infractions that are
much more severe.
Right? That's that that's the old the
old issue.
So, all I can tell you is
uh certainly we would not allow this as
a public statement. We would not simply
In other words, to simply say, we hereby
permit the playing of guitar on Shabbos
because we feel it'll prevent more
serious transgressions. You cannot make
such a psak as a public matter.
But, if you're asking me, if I have an
individual child that is struggling,
is there a makom to permit?
The answer is The answer is there might
there might be. There might be. There
might be a consideration that we're
permitting something to avoid something
worse. And in halacha, there is such a
dynamic. But, it can't be like a public
wholesale
dispensation because we do not have the
koach to matter an issue d'rabbonan.
Even if it came from the chachamim,
we're bound by those rules until the
Sanhedrin comes. When we have a new
Sanhedrin, they can repeal these things,
but we cannot do it on our own. Yeah.
Yeah, so so uh there are two questions
here. The The The general question
uh is how could it be that tzaddikim who
are righteous, right? It says by the
malach hamoves,
once Hashem releases powers of
destruction in the world, those powers
will sometimes not differentiate between
the righteous and the evil, which means
innocent people may in fact be
swept up. How do we understand that? Uh
that that's not just uh that that's uh
doesn't Hakadosh Baruch Hu run the
world? And why would Hashem allow that
to happen?
Uh so, one answer might be
that um
when you have strict middas hadin in the
world,
the tzaddik himself is judged at a
different level. Meaning, the tzaddik
alone would not have triggered middas
hadin. But, once the middas hadin is
opened up, the tzaddik is chayav in
middas hadin because middas hadin is so
tough that even tzaddikim fail the
standard.
On his own level, yeah. That's one way
of understanding it.
Yeah. Yeah. Now,
your second question though is really a
pella that the malach hamoves took the
wrong guy.
How do How do you understand that?
That's already a pella. How could it be
that God would allow
that type of mistake
uh to take place.
Uh there too, um the only way I could
explain it is this.
When somebody dies,
and this goes back to the Orach Chaim
and all sorts of things, there are two
ways that could happen. One is God
decreed that the person dies. The other
is God removed his hashgacha pratit.
So, now he's vulnerable
to the mikreh utevah. So, it could be
that the idea of a mistake was this
person did not deserve to die, but he
was in a matzav where he deserved a
removal of hashgacha pratit. And
therefore,
whatever happens is whatever happens.
And therefore, that's how it would be
shach. Yeah.
In the past and in the past as well,
people in Israel
in the Jewish community tried putting
together a Sanhedrin.
Um I was curious on what the parameters
are of first putting together a
Sanhedrin and
also just today how it is in Judaism
with so many different sects that
recently in the past 200 years have kind
of
popped up and become so prominent, how
would getting a central Sanhedrin
together be possible? Yeah. So, first
of all, there there is an organization
in Jerusalem right now that is called
the Sanhedrin. I mean, almost nobody
pays attention to it, but they have a
website and
check it out. And they have
some chashuv people, some less chashuv
people on it and the like. But, let me
let me was a major issue in Klal Yisrael
in the time of Reb Yosef Caro. Uh if you
ask me the question why we don't have a
Sanhedrin, because if we did, we could
repeal all sorts of things.
Uh the short answer is a Sanhedrin
requires people that have smicha.
Now, in spite of the fact that every
person who goes by the name rabbi has
something called smicha,
we are all frauds. We are all imposters.
And none of us have smicha. Uh we simply
have a heter from our rabbis or our
yeshivas to pasken shailos. We do not
have smicha. Smicha requires unbroken
ordination
from Moshe Rabbeinu
by the laying of hands.
Some say you don't need laying of hands,
but it's an unbroken ordination. This
was a chain that continued
through the period of the Mishna
after the churban and even into the
period of the Amoraim.
But, at one point in the Roman
persecutions,
the last person who had that unbroken
chain was killed
before he passed it on.
Since then, we don't have smicha.
If we don't have smicha, we can't have a
Sanhedrin. Now,
in the 1500s in Tzfat,
there was a great rabbi. He was the
rebbe of Reb Yosef Caro, Reb Yaakov
Beirav.
And based on his interpretation of the
Rambam,
it's machlokes how to learn the Rambam.
The Rambam seems to have created a
ruling that if all of the chachmei
Yisrael want to recreate Smicha.
They could create it Yesh Me'ayin they
could create Ex Nihilo. They could
create Smicha,
ordain people,
and create a Sanhedrin.
If Yaakov Beirav actually wanted to be
Mechadesh Smicha,
because he felt as well this would bring
Mashiach. Sanhedrin would bring the
Mashiach.
He actually ordained
four Chachamim.
With Yosef Karo,
the Mabit, and Moshe ben Yosef Trani, I
believe the Alshich.
Uh these are Rabbis of Tzfat, great
Rabbis of Tzfat, and Moshe Galante who
must have been a very great man,
although we don't know a lot about him.
And some of them continued to a second
generation.
What happened was it petered out after
that and it was never continued because
the Rambam's condition was that the
Chachamim have to agree and the Chachmei
Yerushalayim did not agree with Levi ben
Chaviv.
He's the son of the and Yaakov ben
Chaviv, Yaakov ben Chaviv,
ben Chaviv
held that you can't do it.
So as a result, the idea of Chiddush
haSmicha
discontinued.
Now Napoleon tried to create Napoleon
created a body, the Napoleon Sanhedrin,
but that that although it did have some
Chashuve demicham, but that was fake. I
mean that did not have the authority of
a Sanhedrin under any Ifan at all. It
was kind of just a show thing.
Uh so
basically, unless you would go back to a
Yaakov Beirav's Hatz'aa,
uh Chiddush haS of the Sanhedrin is
impossible. And
even the body that's called the
Sanhedrin
just makes the claim that we are just
doing this as a dry run to prepare
ourselves
when Mashiach comes. So how will the
Sanhedrin be established when Mashiach
comes?
Eliyahu Hanavi has Smicha.
So Eliyahu Hanavi is going to ordain
the greatest Chachmei haChachamim and
they will be on the Sanhedrin. So right
now there's no way we could do it.
And even if we followed the Rambam,
there's no way we could do it because
we're not going to get agreement of
Chachmei Yisrael. Yeah.
Professor, is slavery immoral and if so,
why did God forbid or make it assur?
Yeah, a very excellent question.
Slavery, is slavery immoral?
And if it is really a bad thing, then
why does Hashem legitimate slavery? Why
does the Torah permit slavery? So again,
it's it's getting late. I'm I'm going to
give you two quick answers. There are
two different approaches
in the Meforshim.
Some say slavery is a bad thing.
But since slavery was so common in the
in the
uh world, the ancient world at the time,
if Hashem would have said just don't do
it,
people wouldn't listen.
So instead of forbidding it outright,
Hakadosh Baruch Hu regulated it,
humanized it, made it better, made it
more moral with the hope and the
expectation that eventually it would
peter away, similar to polygamy.
And similar to the Rambam's famous
explanation about Korbanos. Remember the
Rambam's explanation about Korbanos?
That Hashem doesn't want sacrifices, but
this was a concession to Avodah Zarah.
So seen in this way, slavery was a
temporary concession to the
imperfections of human nature. Now, I
have a big Kasha on that. I have a very
big Kasha on that because the Halacha is
if you have a non-Jewish slave, you are
not allowed to free him.
Now my question is if slavery is bad,
but it's just a concession, then for
heaven's if I want to free my slave, it
ought to be a good thing, not a bad
thing. Now the other approach, which is
not politically correct,
uh is given by the Netziv. The Netziv
says there actually is a moral basis for
slavery. It was a way of civilizing
savage and immoral populations. You took
captives of war,
uh you took over the Avodah Zarah, you
took murderers,
and you brought them into a Jewish
environment and they learned many
Mitzvos,
etc. And this was a way of bringing them
into a civilized environment. Now,
Jewish slavery is not slavery. That's
the first thing. Now this I'm talking
about non-Jewish slavery is slavery. Uh
Jewish slavery is simply I mean if you
look at it, I mean the Gemara says
that he who buys a Jewish slave bought a
master. If you have one good pillow, he
gets it, he gets the best food. So
that's just a way of helping somebody
who needs a job essentially. So when
people ask about the morality of
slavery, they should be thinking about
non-Jewish slavery, not Jewish slavery.
But non-Jewish slavery, these are the
two approaches. Yeah.
How do we pasken regarding Lulav Gazul
on Yom Sheini, taking into consideration
Mitzvah Ba'ah B'Aveira? And can we apply
the verdict in a situation of someone
stealing money for example to give it to
the poor?
Um do they get a Mitzvah for giving that
money to Tzedakah or do we consider it
Mitzvah Ba'ah B'Aveira?
Yeah yeah, so this is the Gemara in
Sukkah. Again, the Gemara in Sukkah
tells us that a stolen Lulav is not
Kosher for the Mitzvah.
And the Gemara says I understand on the
first day it's not Kosher because the
Torah says it has to belong to you and a
stolen Lulav doesn't belong to you. But
on the second day, there's no
requirement. I could borrow it. So why
would a stolen Lulav be Pasul?
So there's a Machlokes in the Gemara.
One opinion says you're right, on the
second day it is Kosher.
But the other opinion says no, even on
the second day it's not Kosher, or Chol
HaMoed is not Kosher because a Mitzvah
that is done through a sin
it's not only you have a sin, that's for
sure, but you don't even have a Mitzvah.
A Mitzvah Ba'ah B'Aveira is an Aveira
without a Mitzvah. LaHalacha, we
absolutely pasken Mitzvah Ba'ah
B'Aveira. And therefore LaHalacha it's a
Devar Pashut that a stolen Lulav is
invalid every day of Sukkos including
Chol HaMoed, first day, second day,
every other day as well. And we do apply
it. This is a Klal B'Halacha V'Chumra
that Mitzvos that are done through
Aveiros
are not valid Mitzvos. I steal money for
Tzedakah,
uh etc.
In fact, some even apply it to airplane
Minyanim.
It's a bit questionable. I mentioned
this morning that the way you make a
Minyan in an airplane can sometimes be a
Chillul Hashem
because you're blocking the bathroom and
you're blocking the the meal service and
the like. So some have even suggested
you're not Yotzei Davening that way
because you're doing your Mitzvah by the
Aveira of Chillul Hashem. So it is a
Shas Klal, but there are rules, there
are conditions to it. So it's a Sugya
that you need to look at at length.
Okay, we'll stop here and thank you.