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Rabbanit Chana Henkin on Matan Torah and the Importance of Understanding Halacha
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Auto-generated transcript. Not time-synced to the video.
Ladies
Shalom shalom and looking around the
room, I see some
familiar faces. I see
some which are unfamiliar to me, but
women who are here are blessed. I'm not
going to be shy
and the sense we all have of preparation
for Shavuot.
So, I want to start with two things.
What I'm going Yes. Can you speak a
little louder? Oh, is this better? Yes.
Okay, I hear an echo when I do this, but
yes, I can do this.
If my voice tends to die out, please
you're the one in charge, please remind
me.
>> [laughter]
>> Okay, hold this tone. Hold this tone,
Tanya.
We'll be contextual in just one moment,
but I want to say two things beforehand.
One is that there's a
rather astonishing baraita at the
beginning of Maseches Chagigah and it
goes like this. Can I print it for you?
Um
I'm just going to stop you for one
second. Can I connect this on you for
the for the video? Yes. Thank you.
It's your job to take it before I leave
because I'm supposed to leave in a
little bit of a hurry.
Okay, it is printed here, very good. The
you know, we have Taryag Mitzvot.
Mitzvah number Tof Resh Yud Bet, the
612th
Mitzvah is
the mitzvah of Hakhel, which occurs once
in seven Thank you. Thank you. Which
occurs once in seven years. Um
the the
entire congregation of Israel is to
assemble Hakhel et ha'am ha'anashim
v'hanashim v'hataf. And the Gemara in
Hagigah asks about this mitzvah, at
which the the entire congregation
gathers together to hear the king
reading the Torah.
And that's a statement. That's a a
statement because normally we have a
separation of
uh turf between the king and between the
between the political leader or the the
state leader and between the Kohen
Gadol, the religious leader. But in this
case, the from within the Beit Mikdash,
which is the location of the Kohen
Gadol, it's the king who reads to the
people the entirety
It's not the entirety of the Torah. He
reads from Sefer Devarim from this place
to that place, but he is reading to the
It's the king to the entire people. So
in the Gemara in Hagigah, did I bring
Yes, I brought this. I brought this. I'm
going to tell you this orally and we'll
be dealing with texts in just a moment.
Rabbi Elazar
asks the following question. The pasuk
says Hakhel et ha'am, gather together
the uh people, the nation, ha'anashim
v'hanashim v'hataf. The men, the women,
and the children. So he reasons the men
are coming in order to learn.
Okay, we know that. There's a mitzvah of
limud Torah. The women are coming
lishmoa in order to hear. And the
children, why are they coming? And the
answer is to give sachar limvi'ei hem,
to give rewards to those who bring them
together. So, my husband
uh zichronah livracha asked the
following question. I should say zecher
tzaddik livracha.
Uh asked the following question. Wait,
just a minute. There's one ma- mad
hakhel. There's one reading by the kohen
gadol, um excuse me, by the melech of of
[laughter] of hakhel, of this Torah. So,
the men and the women, picture them
standing separately, put a mechitza
there or don't put a mechitza there,
we're not told. Well, of course, it's in
the Beit Hamikdash.
So, the women are in the ezrat nashim,
the men are in the ezrat gvarim. But,
there's only one reading. They're
hearing the same thing. So, why is it
that the men are learning and the women
are hear- are hearing? They're coming to
hear, whereas the men are coming to
learn. And that's the message I want to
give you before Shavuot, because Shavuot
is Chag Matan Torah. It's it's it it's
not just about cheesecake and blintzes.
Um
no, it's very important for us to
remember the essence. Why do I say
cheesecake and blintzes? Because there's
no defining mitzvah of Shavuot. We don't
blow shofar, we don't drink arba kosot,
we don't eat matzah, we don't sit in a
succah, we don't have a lulav and an
etrog. So, it's very easy to forget
about the prime uh reason of Shavuot,
which is it's Chag Matan Torah, the Chag
of giving the Torah. So, the men are
coming to learn, the women are coming
lishmoa, to hakel, to hakel, not to
matan torah. So so if they're all
hearing the same thing, why are the men
coming to learn and the women coming to
hear? So I want to give you my answer to
that. He gives a very good answer, but
I'm going to give you my answer to that.
My answer to that is if you don't have
a base, an organized basis, a tash teach
sheet
sheet, if [clears throat] you don't have
an a a the
the understanding, you can you can then
feel the kedusha of the moment.
You can feel the importance of the
moment.
But
you don't have the res
kol tanim, I'm sorry, my vocabulary is
in Hebrew. I don't apologize. I've been
living in this country for
Baruch Hashem, for 50
be well beyond 50 years. Um you don't
have what the learning can attach itself
to. You need that organized basis. And
I'm here to tell you, don't be afraid of
learning.
Learning is means sitting down with the
text. I spent uh
uh well over a year in uh putting this
out. I want to learn something from it.
It's been put out uh
uh recently. Most of my work is in
Hebrew, but I felt my husband's legacy
after he
uh passed away on my shoulders, and I
said,
"If I believe that women need to be
learning, there are women who don't have
enough Hebrew to take out a book of
shailos u'tshuvos in Hebrew, and
therefore I want to see this in English.
So,
um
I want you to know this is available to
you. We're going to learn something from
within it, but I want
us to remember my point is
we must get at the text itself. And what
I want to deal with is Torah Sheb'al
Peh. Torah Sheb'al Peh comes to us
through two channels.
We received in Matan Torah we received
the Torah Sheb'al Peh, the written Torah
and the oral Torah.
How did we get the oral Torah? You know,
what I may at some point be
prepared to deliver in English a
a lesson
what the oral Torah is, but I'm not
doing that today. I'm going to
bring us into it, but we have two
channels that the Torah Sheb'al Peh,
that Halakha comes to us via. One of
them is codes of Jewish law. Codes of
Jewish law means like Rambam, Tur,
Shulchan Aruch,
the contemporary modern day
Mishnah Berurah, Aruch Hashulchan.
These are codes. Codes are prescriptive.
That means they We want to learn
Halakhot of Berakhot. We open up one of
the codes to learn what Berakha do I
make? To to learn the details which
Halakha prescribes to us. But there's
another channel, and that channel is
called It's been our hands for over a
thousand years. I would say over 12 1300
years, and that's Tshu'vot, responsa
literature. That's what we're going to
go into today. That's what this is
about. Responsa literature is not
prescriptive. It's reactive.
Which means you have the
Torah as it was given. You have Torah
Shebaal Peh, the tools that are in the
hands of Hazal. Um
uh until the Gemara, the derivation was
from Sukkot, Mitzvot, Midreshei Halakha.
Today we don't do that. Today we always
go back
um
to the Gemara as a as a basis for
everything. Um
uh
Responsa literature
draws the connection between Halakha
and Metziut.
The
uh
uh Mashke Horah, the our lives, the line
between Halakha and Metziut, between
Halakha and reality
is is
you you have this Halakha
reality,
our lives reality.
And and they're connected by what's
called Hora'ah, Psikat Halakha, Psika,
the process of connecting the two, the
process of taking into consideration
a changing climate.
A changing
um
uh
cultural climate, a changing
um uh economic climate, a changing
a changing climate. So what I want to
do, I knew I wanted to speak about this,
but what I want to do is take us on a
journey together. And I've been
I've been hooked on Shavuot since uh
since since
I was around 20. So, you can
um
that's a good
uh uh 60 years. Almost 60 years since my
birthday will be soon. uh
uh
And
my hope is that by learning I will
get you to see the importance the
importance the excitement and the
process
the process of harnessing halakha in
order to deal with new situations. So,
the situation that we're dealing with
today is a question I'm going to ask you
before we start learning together. I'm
going to ask you to um
uh
what you have [laughter] to say about
this and then we'll see uh
I took a very very very short teshuva of
Rabbi Henkin's that cell in order to
address this. But let me ask you. A
couple comes and asks a question. This
was
um
This was a question that a rabbi in the
United States
said, "Thank you so much." Hello, Belle.
Her first student at Nishmat.
Absolutely.
And she looks the same. Come on.
>> [laughter]
>> Come on. Come on.
Okay.
um
My husband was asked the following
question by Rabbi in the United States.
Um Masader Kiddushin in a I'm
officiating at a wedding shortly, and um
the couple has requested to write into
the Ketubah the names of the mothers.
Okay, my friends, you're answering right
now. Tell me why yes and why no.
You know, the normal the way the Ketubah
is written is
um
uh eh ha chatan
um
Naftali ben Menashe
um
uh ve um
uh amar la kallah hada betulta
um
uh Shapirta
um Marat Rachel bat Rivka. That's the
way it's written. How the chatan
um Naftali, the son of Menashe,
um said to the bride, Rachel, the
daughter I I said Rachel bat Rivka. I'm
sorry. No, no, that's what they wanted.
But, the way the Ketubah goes is Rachel
bat Avraham. Rachel bat Moshe.
What her father's name? So, the question
was asked, can they be identified, both
of them, as his name is Levi, Levi ben
David ve Rachel?
Uh um we we called her Rivka. Rivka bat
or we're going to call her now Rivka.
Rivka bat
uh Daniel ve Sarah.
Can you do that? Okay, Shaindy.
Um I think that we Nice and loud. Okay,
I think that when you add the
the mother's name
to somebody who is um being blessed.
It implies
it implies a need and it could be
implying also in my opinion
soras that there's some some
narrow straight and that's not what we
want for the wedding for the ketubah and
the halacha.
We
We may be including the mother's name
either because the couple is no longer
the parents are no longer married to
each other. No, that's what you are
saying that there's some server in the
family or maybe David the father passed
away many years ago and therefore we
want to mention the mother.
And you're saying
Sarah's not at the wedding.
Okay.
Anyone else? Yes, there were two ladies
here.
So
I was taught many years ago that when I
doubt
for my children I say Baruch atah Adonai
Eloheinu Melech Yeah, that's because and
also for the sick because we want to
make sure that we're doubting for the
right person and mother is for sure. So
if we do that
for that then why not do it in the
ketubah? I don't see a problem with
doing it because you're just you're
you're being more specific. You're
specifying
who is Baruch.
>> Okay, maybe there's no problem. Maybe
there's excuse me, maybe there's a
problem. I don't see the problem. That's
what we've heard both. Yes.
That's not in the standard ketubah.
However, you are correct that through
the ages in consideration of situations
when there were situations where a
sailor would marry and then for whatever
reason not return there could have been
an annulment of the marriage.
>> A Spartan had different amounts of money
than the giving Ashkenazim. So it's not
it's not the
Okay. It's a contract. Okay. We have a
whole bunch of people here online.
Uh I yes. I was always told that when
you are in distress, when you're
davening for somebody, it's always ben
or bas the mother. And I know when
you're getting in a getting getting a
misheberach for the Torah, it's for your
father. Like I I really
>> In other words, what you're saying I'm
going to again changes is you're saying
we have a masoretic
We have a way that we have done it
through the ages and should we be
diverging? Okay. Uh I
in order and yes, please. Hi. I have not
learned ketubot. I have not learned the
halakha of why the ketubah is the way it
is. But if I were writing the responsa,
I would research why is the ketubah like
this? Why is it the father's name? If
there's a reason, good halakhic reason
why it's only the father's name, that
changes things. But if it's just this
was convention and there's no reason not
to include the mother's name, I would
say, "Sure, why not?"
>> Okay, go back and examine things.
Right here.
My my first thought was that the mother
proves the Jewishness of the child. Mhm.
And therefore should get that
recognition that this child is Jewish. I
I mean there's no way to prove it in the
ketubah, but the fact that she is
identified in the ketubah not only to
wish a person a refuah sheleimah, but
also to acknowledge that this is a
Jewish child. However, if her father's
name is Eliezer and for many years he's
been called up to the Torah as Eliezer
ben Moshe, so his name also counts for
something when it comes to Jewishness.
But
but we're hearing very interesting
things. I think we have the last comment
here.
Oh, okay. Two comments and then we move
on. I wonder why when the when you're
asked to refer to
you're going with the mother's name. Cuz
you want to be certain it's the right
person. Okay, so why don't you have that
same obligation under the Torah that
this is the
person that he was planning to marry and
this is the It is possible
you know, if I'm asked for a svara, what
I would say it is when you're davening,
you're davening to Hakadosh Baruchu.
You want to be certain you're davening
about the right person.
The way the person is publicly known is
irrelevant. It's more important to turn
to Hakadosh Baruchu with the person's
name. Maybe that's a factor. Last
comment over here. So you started
speaking about your love for the idea of
learning the climate and how things can
change the climate of our society. So I
think that this fits very well in that
idea and
you know, and it could be in different
climates that it would should be
accepted and maybe in Fantastic.
Everything that everybody said, I think
we could talk for another 15-20 minutes
about this with all the different
shikulim. Let's go straight into the
sources in English.
Um we're going to have to go back to
Yirmiyahu Sanhedrin and the Gemara the
Mishnah and Gemara in Sanhedrin, but
we're going to start by reading the
teshuvah. We're reading it together. I
will comment along the way and we will
go and
um
and read the pasuk in Yirmiyahu and the
Gemara upon which this teshuvah is
based.
Um can So, we're starting to read from
writing the mother's name in the
ketubah. It comes from this book,
Responsa on Contemporary Jewish Women's
Issues.
Um it's an expanded edition that I and
someone else did. Can the mother's names
be included but beside the father's
names in the ketubah? How the groom
David ben Moshe Aryeh and and Chava Leah
asked the groom
um
David ben Moshe Aryeh the Chava Leah
asked the bride to Chila bat Reuven and
Tzipora, etc. In my opinion, if the
couple wishes to include the mother's
names, there are no halachic grounds to
prohibit it.
Although the custom has been to write
the father's name only. In other words,
what's he saying here?
We have a custom. Let's deal with it. We
have a custom, a way that this has been
done. Let's Let's examine that custom.
There's
um a minhag.
Um [snorts]
uh Although the custom has been to write
the father's name only, and the wish to
include the mother's name is probably a
sign of the times. What does that mean?
You know, let's We're going to We're
going to
fold a paper in half
uh vertically. And we're going to make a
list and we're going to put on one side
the reasons not and on one side the
reasons yes. So, in the reasons not, the
first reason not that we have is what?
We have a custom. We have a minhag. The
second is
He's saying, I know that what?
I know that this is motivated by what?
It's a sign of the times. In other
words, this is not something that would
have arisen before. There's There's a
name for a social movement. What is it?
Feminism. He says, I understand
that this There's an influence of
feminism here.
He goes on to say,
Nevertheless,
Nevertheless means we're crossing over
to the other side of the page.
Writing the mother's name in the ketubah
does not violate the stricture against
chukot hagoyim
lo telechu
of in parshat acharei mot, which we'll
look into in just a moment. We'll just
finish reading this. It doesn't violate
the stricture against following the ways
of the gentiles by any standard. In
other words, there is a stricture,
there's an issur
of "bechukoteihem lo telechu." And he's
saying, just one moment, please, because
uh the time I was allotted was until
um
I think it's until 10 um
Wait, I'm looking at the clock. Yeah,
and we have another 18 minutes to finish
this. So,
so with your permission, I'm going to
move now at my pace.
Um
I In
He says,
Nevertheless,
writing the mother's name is not a
source, is not prohibited by Hukot Lo
Telechu, the prohibition against
following the ways of the Gentiles. In
the next paragraph, we'll learn why.
Um by any standard. In fact, this would
not be the first modern addition to the
Ketubah.
For at some point, the family names of
the bride and groom began to be written
into the Ketubah.
If you have a Ketubah that is handy,
look at it and you'll see so and so uh
um
David ben uh Yishai Lemishpachat
Goldstein.
Uh Rina bat uh
um Abraham Lemishpachat
Levy. You'll see that in the Ketubah.
Um
and certainly this is not the and and
this certainly family names are modern
innovation. How do we know that?
Because
somewhere around uh
400, 300 years ago, they began to be
written. Before that, not. So, this is a
modern innovation that
Hazal and Hachmei uh
uh Hachamim did not know about. Rishonim
did not know about this addition to the
Ketubah. So,
uh
so we're writing down on the other side,
this is not the first modern
um innovation. Now, regarding
uh Hukot Lo Telechu, elsewhere I have
discussed at length what acts are not
are and are not subsumed under Hukot
Hagoyim. Go back now to the um
third Hebrew source, look above.
There,
Yirmiyahu perek lamed daled says as
follows, "Sidkiyahu, King Sidkiyahu, on
the eve of Horban Bayit Rishon, on the
eve of the destruction of the first
temple, King Hizkiyahu was told that he
is not going to be put to death.
Um
Okay.
Uh he is not going to be put to death,
and he is told,
um
"Ach shmat dvar Hashem Sidkiyahu melekh
Yehudah ko amar Hashem alekha, lo tamut
bakherev. You will not, King Sidkiyahu,
die by the sword. Beshalom tamut. You
will die in peace. Ukhmi srefot avotekha
hamelakhim harishonim asher hayu
lefanekha, ken yisrefu lakh. And your
belongings will be burned in the funeral
pyres of the kings before you." Now, to
any of us, when I when I hear this, I
say, "Bal tashchit." That's what my
grandmother taught me, "Bal tashchit."
But, they had a custom which was based
upon
respect
of burning the king's belongings after
he died because those kings that they
were regarded as
as sacred, as royal, as not for the next
king to use.
And therefore,
um Sidkiyahu, when he is assured that
his death will be peaceful, is told,
"And you'll have the same funeral pyres
that your fathers, the righteous kings
of the house of David, had.
Um now, with that,
we're going to go through the the
Mishnah and the Gemara, and then we're
going to go back to the response here.
The Mishnah, there's a machloket in the
Mishnah between Tanna Kamma and Rabbi
Yehudah. This is the Mishnah in
Sanhedrin,
um
daf nun bet.
Sanhedrin,
um
uh
uh page I didn't translate that for you,
so I'm going to tell you.
Um at this point in Sanhedrin, there is
a discussion of
um listen, halakha embraces everything,
Torah embraces everything, not
everything is pleasant. There is the
discussion of methods of execution. The
Sanhedrin has four methods of execution.
Um one of which is called hereg, which
is called death by the sword.
The Mishnah in Sanhedrin
comes and has a machloket between Tanna
Kamma, the first opinion, and uh Rabbi
Yehudah. Tanna Kamma says
uh
uh execution,
hereg, is always by the sword.
Rabbi Yehudah comes and says,
"You can't do that because that is a
desecration of the dead.
Um
uh in other words, it is not appropriate
for people to witness this. This is a
dead dead a desecration
um of the body as the
as the body is de- the person is
decapitated."
And therefore, he says, "What you need
to do instead is there's a a chopping
block for meat called the kofets, and
you need to use the meat cutter and the
kofets. The in the Gemara, the Gemara
comes and says,
uh
that's worse nevel. That's more of a
um um nevel have a base desecration of
the
uh dead.
And the answer there uh that Rabbi
Yehuda is quoted as giving is, "Well,
what can I do?" Bechukotai hem.
I There's a a in
um
>> [clears throat]
>> Vayikra perek tet zayin, we're told um
"You shall not follow the customs of the
land of Mitzrayim from which I have
taken you
um and Eretz Kenaan to which I am
bringing you to." Uvechukotai hem lo
telechu, "And do not follow their laws."
So, Rabbi Yehuda is saying, "But what
can I do? I know it's a nevel. There's
the Nevertheless, Bechukotai hem lo
telechu." The answer that Chachamim give
Rabbi Yehuda is, "No, no, no. There is a
biblical precedent for using the sword."
Ketiva mida or vida Orayta. And because
of ketiva vida Orayta, because it is
written,
the the term uses in the Torah that
includes the Tanakh, because it's
written there,
um I'm going to read this. Look at the
Gemara.
Do you see where you have the words
Gemara? Tanya amar lahem Rabbi Yehuda la
Chachamim. Rabbi Yehuda said to
Chachamim, "Af ani" The braita tells us
that. "Af ani odea she meta nuvelet." I
understand
that it is a
um
a
debasing
uh
death. I will my essay say they are
Torah who could take him low tailing.
What can I do? You have the issue of the
who could take him? The rabbinical Well,
what rabbinical say? What a coming say
about that?
because the sword is written in the
Gomorrah. It Excuse me, in the Torah.
Low me night who could come in and we
didn't learn the sword from the
Gentiles. In other words, they practice
it.
But we have what is called a what?
biblical Not necessarily first. We have
a biblical precedent that we rely upon
and we're not relying upon the fact that
this is what they do.
Low me night who could come in and
and the biblical precedent here that is
quoted is that possible in Jeremiah.
Because of the possible in Jeremiah, we
learned it from the possible in
Jeremiah, not from them. Low me night
who could come in and we're not learning
it from the Gentiles. It's their custom.
We're not saying that the genesis of
this custom was ours.
We're just saying we learn it from safer
Jeremiah and therefore we are permitted
to follow it. Therefore,
the penalty is safe is the sword and not
the butcher knife.
Okay,
>> [snorts]
>> let's go back.
Elsewhere, the second paragraph.
Elsewhere, I've discussed at length what
acts are and are not subsumed under
Hukot Hagoyim. Now here, this is why I'm
here today to tell you this. I want you
to get into the head of a posek. I want
you to understand how halakhic decisions
are rendered. It's not, "Oh yes, I think
that's a good idea."
One needs to
um
Avodah Zarah grapple with the other
opinion. One needs to find a basis for
the change that you wish to make. Then
go ahead and evaluate, is it a wise
change or not a wise change? But But
before we learn whether it's permissible
or not, we need to examine whether
there's a basis. He says, "Elsewhere I
have discussed at length what acts are
and are not subsumed under Hukot
Hagoyim, ways of the gentiles." There's
a minority opinion of the Vilna Gaon
that so long as we ourselves would not
have created such practices, we wouldn't
have thought this up, we're not
permitted to follow the customs of
gentiles even when they're not
meaningless or licentious. What Why is a
meaningless custom suspect?
Yeah, who said that?
Yes.
>> What did they say? Avodah Zarah. That if
there if it's not something logical, if
we can't understand the cultural peg, we
don't understand the cultural peg that
it's based upon, maybe there are traces
of paganism in this.
Uh licentious, listen, if it's a custom
and it is licentious, treat so we don't
do it.
Um And in fact,
uh the Vilna Gaon says,
"You don't follow the ways of the
gentiles even when they're not
licentious, when they're not
meaningless, even when they're
beneficial. But in my opinion, we do not
rule this way, the way of the Vilna
Gaon.
And um but rather in accordance with the
majority opinion of Hachamim, with the
accordance of opinions of Ran, Rav Yosef
Colon, Maharil. Um those are the
Rishonim who have expressed themselves
on this. The Rama, who is the authority
in psika
um for Ashkenazi Jewry. Um and the
majority of poskim are not following the
Vilna Gaon, who hold that as long as
behavior is neither licentious nor
meaningless, it's not prohibited. If
it's licentious or meaningless, it's
prohibited. Ra'ah in Avodah Zarah
formulated the halacha thus: Rational
practices of the Gentiles are not
prohibited. And then he goes on to say
um were we to follow the Vilna Gaon's
opinion, we would need to discard all
fashionable clothing, etc. However, Rav
Moshe Feinstein wrote that even
according to the Vilna Gaon, the Gra,
practices established by the Gentiles
not for themselves alone, but for
everyone
uh speed limits. Um Gentiles and Jews
alike are not prohibited. What's only
prohibited in Rav Moshe Feinstein's
opinion according to the Gra, whom he
doesn't follow, but even according to
the Gra, he says it's it it's needs to
be um it needs to be
um
something that the Gentiles did not
restrict to Gentiles alone. Um
Okay. Um
um skip it in the next paragraph.
Various contemporary customs and
practices were justified by the sages in
Sanhedrin
as on the basis of a biblical
precedent. We went through that just
now. Tiva the O be Orita. Um
Okay. Um the last sentence in that
paragraph regarding practices recorded
in Tanakh, we can say love me na who
kade amena. Although they're practiced
by gentiles, we do not observe them
because of the gentiles, but because
they're mentioned in Tanakh.
Okay. Now he's going to bring this to
our situation. In fact, in cases of Tiva
the Orita, even Rabbi the villain of
Gaon, Rabbi of the allowed the adoption
of a gentile practice. Practice.
Likewise regarding Tiva the O be Orita,
even if the biblical precedent was in a
different context, it could be applied
more generally without fear of chukot
hagoyim. And in our case, although the
writing of the mother's name occurs in
Tanakh, do you know where it occurs? The
writing of the mother's name occurs in
Tanakh? Let's see here who's the Tanakh
scholar.
Okay, that's in the Torah. Um where
else? Havat Bat Asher is a better
example.
Um yes.
Yes. Go through Melachim and Divrei
Hayamim and you'll see over and over and
over the shem imo. His mother's name is.
Um so he says, I now have Tiva the
Orita.
In other words, I now have it's not
chukot hagoyim.
And there is a biblical precedent of
writing the mother's name. Forgive me
that I'm going to continue because they
put the the clock in front of me for
good reason.
>> [laughter]
>> Okay. For this reason, I don't see
reason to prohibit writing the mother's
name in the ketubah. My reasoning is,
one, inclusion of a mother's name is not
irrational. Coming as it does to give
honor to both parents.
It is relevant to a marriage document as
the mother has had an equal, if not
greater, part in raising the child from
infancy to adulthood. If if someone
deals in shidduchin, it's probably the
mother who was worrying about the
shidduch.
Um in contrast, as regards being called
up to the Torah, this is very important,
by the father's name, we would not add
the mother's name
since the father alone was commanded to
teach his son Torah.
Now, what's he doing in this fact uh
here? This is is so important. I'm going
to answer I apologize because of the
clock. What he's doing here is he's
saying, "I'm going to examine the
question. I understand that the
motivation, the winds of the times, it
certainly is here."
>> [snorts]
>> Um and and it wasn't done.
On the other hand, is it prohibited? No.
There we have it's not hukot hagoyim,
which is the only way you might prohibit
it.
It's not the first modern innovation in
the ketubah. We have family names. And
on top of that,
we have a tradition, ktiva d'Oraita,
which lets us do it. And then he says,
"But what?
I want to take responsibility.
I want to be responsible. We all should
be of keeping this in the right track.
In other words,
we have to be very, very careful when
we're innovating
that we're staying in we're we're
staying
in the course of being Orthodox Jews
because very easily you can fall out of
there. So, he says calling being called
up to the Torah when a man is called up,
you know, if we add the mother's name in
the ketubah, he says I don't see a
reason to prohibit it.
He's not saying
do it,
but he's saying is it prohibited?
No.
I he he's saying
I mean and anyone who has read my
husband's true vote on knows this.
He's absolutely
straight. He also doesn't quit the
battlefield in mid-battle.
Absolutely straight. That's the Henkin
family
tradition that goes back to the Gaon.
I was asked and I'm going to answer.
And he says here
on the other hand,
I don't want to see this becoming a
precedent
by an incorrect precedent. So, I'm going
to write down immediately in the same
place, but don't do this when a man is
called up to the Torah. Next.
The number two. The mother's name the
shem imo typically identifies the king
in the books of Melachim and Divrei
Hayamim.
Many of them were not righteous. Many of
them were righteous.
Thus, it does not fall into the category
of chukot hagoyim, but ktiv oraita. And
then he He on to say in fact, my saintly
grandfather, the Gaon, identified
himself thus on the title pages of his
faring."
He wrote his father's name, "The shame
emo." And there's a very good reason
that he wrote "The shame emo." And that
there's The clock will not let me tell
you, otherwise I would tell you a
marvelous story.
Um
Okay, tell us. Tell us.
I'm going to condense the story into one
line.
His mother
realized
uh
and then this is our family's
grandfather, so
from a shifka, his
mother
realized that
How could she not? That she had a Gaon,
the family
uh had no means. The family was dirt
poor
um um
in Russia.
And she sold her feather bed. She either
sold or pawned, we don't know. Her This
is the
the story that has come down in our
family. And this is what
um
our grandfather, my husband's
grandfather,
uh related. He
he he he uh she there was nowhere for
him to learn near them. They I mean the
distance they they A Gaon is a Gaon. And
um
uh by age three, the sounds of Pak
Reform, but I know this as a fact, by
age three, he knew most of Tanakh by
heart.
Um
uh
>> [clears throat]
>> He
um
uh she wanted him to go to Mir Yeshiva.
They
um
So she pawned the Russian winter,
[clears throat] you know, it's a little
chilly there.
The The bride got a
her dowry of the the the feather bed
quilt and she to pay a wagon driver to
take him.
The rest of the story is he was all of
15 years old when he got there. They
laughed at him and wouldn't bring him to
the Rosh Yeshiva and they said you're a
child, what are you doing here? So he
walked to the next town, Karlitz, and
there this 15-year-old slept in the shul
on a bench, ate with families, and in
that year he learned through Maseches
Eruvin in the Gemara 40 times. Shabbos
isn't easier Maseches.
Shabbos and Eruvin 40 times and he went
through the rest of Seder Moed in the
Gemara in the 15-year-old.
Uh
No, this was my husband's grandfather.
The The Gaon. My husband learned with
him. My husband is not a product of the
Yeshiva, he's a product of his
grandfather.
Rabbi Yosef Eliyahu Henkin.
Um if you came from the United States in
his generation, he eventually got out of
Russia and into the United States.
Uh
Not now. Not now. Not now.
Okay, we're going back. His He's Yes, I
know I need to stop right now, right
now. The addition of the mother's name,
number three, doesn't involve ketubah,
doesn't involve licentiousness, which
would be grounds to prohibit. As far as
the change of minhag is concerned,
should we also object to writing the
family name in the ketubah or for that
matter including mother's name on the
gravestone, another recent innovation.
Personally, I do not see much danger in
accommodating these wishes, nor do I see
what's to be gained from prohibiting
them. Including the mother's name in the
ketubah is not a subject of contention,
nor will it become so unless we make it
into one. One has to be careful in
choosing right issues with which to draw
the line. I hope, my friends, I brought
you into sifrei ketubot, and I've wetted
your appetite to learn. And if you want
in English, this is now on sale outside.
These are ketubot.
Uh
The Eidah Ziv blog, the rest is up to
us. Kol tuv.