Controversy in the Holy City Part 2 - The Rabbanim of Jerusalem Respond to R Akiva Yosef Schlesinger

Progress. >> Okay. Good afternoon, everyone. Shalom aleichem. Bruchim haba'im. Welcome, everyone. A freilichen [clears throat] Labor Day. Uh make sure you don't do too much labor today. Adam l'amal yulad. Man was created for labor, but the main labor is l'amal Torah. We have amazing topic today, part two, controversy in the holy city. The attempt of Rabbi Akiva Yosef Schlesinger to reinstate tekiah shofar in the city of Jerusalem. This is our final Agudath Perach share before the Yamim Tovim of Rosh Hashanah. So, please take this opportunity. We have been releasing unbelievable, cinematic presentations on how davening is like entering the Beit Hamikdash, how each part of davening corresponds to a different part of the Beit Hamikdash. And I hope these presentations will elevate your appreciation for tefillah and how tefillah is literally like entering the Beit Hamikdash. And one of the goals of the project of Be Amenou is to as we mentioned to elevate people's davening so that they should have a recognition that they're in a makom kadosh and they should not bring their cellular devices into the shul. It does not belong in the shul. And now before the Yamim Nora'im is a very appropriate time to make that commitment. It will really enhance and change the way that you daven. So, please consider doing that. It'll be a zechus for you, for your mishpachas, for your shul, for your city, and for all of Klal Yisrael. Uh before the Yamim Nora'im, make sure you're well equipped with the mystery and the majesty, now available in multiple languages in Spanish and French and Portuguese and it's also available in English. You know about that? It's available in English. Also, uh if you want to get the safer Berachot Hashem Hashem Hashem it's now available pro bono for free. Just email safer at safer at marbeitzetorah.com. Safer at marbeitzetorah.com. We're continuing the amazing story of [clears throat] the attempt of Rabbi Akiva Yosef Schlesinger to reinstate blowing shofar on Rosh Hashanah that falls out on Shabbat. The Mishna says in Maseches Rosh Hashanah if Rosh Hashanah falls out on Shabbat, they would blow the shofar in the Mikdash but not in the Medina. When the Beit Hamikdash was destroyed, we mentioned the Mikdash according to Rashi means in the Beit Hamikdash according to the Rambam the Mikdash means in all of Yerushalayim under the auspices of Beis Din. When the Beit Hamikdash was destroyed, so Rabbi Yochanan ben Zakkai was masaken to blow shofar wherever there's a Beis Din. Rabbi Eliezer says no, he was only masaken in Yavneh. They said to Rabbi Eliezer no, anywhere there is a Beis Din. And uh Rabbi Akiva Yosef Schlesinger offered many many arguments to be able to the reinstate the blowing of the shofar. Um one of his arguments uh we'll try to try to go through some of uh the arguments of Rabbi Akiva Yosef Schlesinger. Here you have it on the sheet. First of all, the halacha is asei d'oraisa is madcheh in issur d'rabbanan. How do we know that? Because the Gemara says if tzar ba'alei chaim was d'oraisa, it would push off an issur d'rabbanan of mevatel kli mecheichanai. So if asei d'oraisa is madcheh d'rabbanan, So, the asei of shofar should push off the gzeira of rabba of shmaya vireina dalet dalet amos. Certainly, the asei of rabbim an asei of rabbim certainly is very strong cuz an asei of rabbim even if it's merely a d'rabannan it pushes off an issur d'oraita. As we know, it would be permitted to free a slave which is an issur d'oraita in order to create a minyan. So, first of all, an asei d'oraita pushes off a d'rabannan. Certainly, an asei d'rabannan pushes off a d'rabannan because an asei d'rabannan an asei d'rabannan which is only mid'rabannan would push off a d'oraita. So, certainly over here where it's an asei d'oraita d'rabannan pushing off a d'rabannan. >> [clears throat] >> And the idea that the chachamim have the ability to be oiker d'rabannan d'oraita b'shiva al tasah, that's in a situation where we know clearly that the rabannan were oiker it. But, if there's any tzad that they weren't oiker it, then the default position should be they were not oiker the d'oraita. Also, the Ran the Ran wants to know why is it that by lulav that after the churban uh we don't take it at all on shabbos and yet shofar we sometimes do take it on shabbos by a besdin or in Yerushalayim. And the Ran said, "Well, because lulav you could do it any other day. Mashkein shofar, there's no other option." So, according to that we need to do whatever we can to ensure that the shofar is blown in some capacity. Certainly, according to the Sha'ar Hamelach who the Sha'ar Hamelach darshans yom teruah that you blow shofar even when it comes out on Shabbos. Rebbi Chiel uh Rebbi Akiva Schlesinger continued um even the Rambam does not argue on the Rif. The Rambam uh who required that the Beis Din be smuchim No, it just means they need to be muflag b'chachma even if they're not actually smuchim. Furthermore, that when you have a mitzvah d'Rabbanan, we're not worried for issur d'Rabbanan. Like the halacha is you 10 people could use one towel because we're not worried they're going to come to squeeze because they'll remind each other. Uh >> [clears throat] >> furthermore um the gezaira of Rabba was only at a time when there were issur when there was an actual reshus ha'rabim d'Oraisa. But nowadays, you'd be hard-pressed to find an issur d'Oraisa, especially Yerushalayim who its doors are locked, so that renders renders it like a karmelis. There's no reason to make gezaira b'chlal. First of all uh first of all um we'll gather 23 rabbanan and we'll make a Beis Din Hagadol. F- furthermore, the halacha is you're allowed to blow on Shabbos to call out for help. And during that time, there were great uh terrible pogroms and decrees in Russia. So and that's permitted to do even on Shabbos. Um So we'll have in mind that we're blowing out l'ezra, which is permitted on Shabbos, especially the gezaira of Shmaya ya'avirena is only we're afraid you might carry it after you yoitzei the mitzvah. So, we have an eitzah. We'll blow the shofar and then we'll leave the shofar under the auspices of Beis Din so you'll never come to carry after you yoitzei the mitzvah. And finally, >> [clears throat] >> um the issur on the on shomea ya'avirena is only on the one who blows. He'll be over, but everyone else will be mekayem the mitzvah. So, since there's a rule that it's worthwhile to do a small aveira to mezakeh other people, like we say by reidoy ha'pas, that it's worthwhile to take bread out of the oven in the beginning of Shabbos so that the bread does not come to baking, so let the ba'al tokea take it on the chin for the team. Let him take one for the team. He'll violate the issur derabbanan, who the rabbis said don't blow on Shabbos, but this way everyone else will be yoitzei the mitzvah. These were a dozen or so of the arguments of Rabbi Akiva Yosef Schlesinger to blow shofar and to reinstate reinstitute the blowing of the shofar when Rosh Hashanah comes out on Shabbos. However, the general [clears throat] consensus and the normative halacha wa- was to reject this reinstatement for many many halachic reasons, and they addressed all of Rabbi Akiva Yosef Schlesinger's um assertions one one by one. Let's try to go through some of them so you get a little bit of a flavor for this uh halachic disagreement. First of all, the rule is you cannot compare rabbinic decrees. You can't compare gezeiros derabbanan one one to the other. We don't have the ability to extrapolate from one gezera to another. Like it says in Masachet Yadayim, "Ein donin divrei sofrim midivrei sofrim." We can't say, "Well, just like they decreed or didn't decree in one case, let's extrapolate to another case." But furthermore, >> [clears throat] >> when it the Rabbi Akiva Yosef Schlesinger wanted to say that if let's learn out from the Gemara that if tza'ar ba'alei chayim d'oraita, then it would push off the din d'rabannan umavetel kli meichana'i. Wait a second. That's because tza'ar ba'alei chayim is an issur. An issur of tza'ar ba'alei chayim, if it was d'oraita, would push off a d'rabannan of being umavetel kli meichana'i. The issur of tza'ar ba'alei chayim would have pushed off the issur of umavetel kli meichana'i. But nowhere do we see that a mitzvah d'oraita like shofar could push off an issur d'rabannan. Even though an assei d'oraita could push off a lav, that doesn't mean it could push off a d'rabannan. It's true if tza'ar ba'alei chayim was d'oraita, the issur of tza'ar ba'alei chayim would have pushed off an issur d'rabannan. But you can't extrapolate based on that that a mitzvah d'oraita would push off an issur d'rabannan. Furthermore, Rabbi Akiva Yosef Schlesinger wanted to bring a a proof from the Rishonim from the din that you could free an eved kana'ani to make a minyan. That shows even to fulfill a mitzvah d'rabannan of the rabbim, you could push off an issur d'oraita. Avodah zarah umavetel kli meichana'i. So, Rabbi Akiva Schlesinger says it's only a the issur of avodah zarah umavetel kli meichana'i is only a smachta. And the Rishonim say other reasons why it's not something you you to be concerned about, namely uh the issur of lo ilam bahem ta'avodu. I would assert the Ran on the issur of lo ilam bahem ta'avodu. The Ran says, "What's the source? Why are you not allowed to free an eved Kena'ani?" "You're not allowed to free an eved Kena'ani because the Torah says lo yisa'u chenem. Don't give the uh if they could come as allies a Don't give them a uh freebie. Don't give them a free gift. But if you stand to gain because you're making a minyan, then you're not giving them something for free. You're not violating lo ilam bahem ta'avodu. So, it's not because the mitzvah derabbanan of the rabbin pushes off the issur de'oraita of lo ilam bahem ta'avodu. It's that it's not a violation of lo ilam bahem ta'avodu because they're not getting something for free. The issur of lo ilam bahem ta'avodu is learned out of lo yisa'u chenem. >> [snorts] >> Then Rabbi Akiva Eiger says in his says that this argument This is how the Rabbi Akiva Eiger wanted to say that we only will say the rabbis uproot a דבר מן התורה when we know for sure they did, not if you're not sure if they did. No, that means something else entirely, the poskim said. That when the rabbi said to be oiker דבר מן התורה בשעת עשייה that's only what by a vada issur de'oraita uh derabbanan. Not because of a safek derabbanan. But if they're concerned for that if they're concerned um if they are concerned for a a issur derabbanan, they will be oiker a דבר מן התורה. >> [clears throat] >> I the Ran said that we're very hesitant to be mevatal a mitzvah completely, and even though we might be oiker lulav, that's because you could always do it on a different day, but we won't be guard Shofar. So to that, Rabbi Akiva Yosef to that the said, "But we don't have a Smuchim. And therefore there's just no way to be the Mitzvah. And furthermore, it's not called an of Mitzvah. It's called the of Mitzvah. The Mitzvah will be fulfilled next year. The next year the Mitzvah will be fulfilled next year. Like the asks, "How you allowed to blow Shofar on Yom Tov, but you're not allowed to blow an instrument on Yom Tov?" Why didn't the Rabbis uproot it? So on that, the says, "What do you mean? The Rabbis are not going to be the Mitzvah perpetually, but if you blow in other years, that's fine. They could be it." I the Melech says that there's a of Tru'ah even on Shabbos. No, that was only according to Rabbi who holds Mitzvah Shabbos. So he of Tru'ah of Eilu Shabbos. But there according to um other there is no such of Tru'ah. And that which he wanted to argue that the agrees you could blow in front of any even if they're not No, that's not accurate. We don't have any evidence the would subscribe to such a notion. Um that which the says in the wanted to say that we allow many people to use a a towel and they're not going to come to dry themselves. First of all, that's not the conclusion. And secondly, we do know that the men were goyzer on drying on on blowing the shofar. Shamayim are in a rubber was concerned. That means rubber would not take into account the fact that there's a rubber and therefore they will remind each other. Um The print here is a little bit hard to read. And I give me a minute cuz I need to see the actual text inside because this copy is not good. Okay, I'm with you. I'm with you. Page four is bad copy here. Um And what about the fact that it's not so it's not likely to have a rich rubber this one is a The answer to is very simple. Once the rabbis made a rubber that you can't blow shofar on Shabbos lest you come to carry in a rubber. Did they say well you could blow shofar in your house? Did they say you could blow shofar in a carmelis? Did they say you could blow shofar in a pitour? No. They across the board legislated because of the rubber you can't blow shofar anywhere. Therefore, even if you're in a situation where there is no shishurabim, the gazer the uniform gazera d'rabbanan, which one of the main principles of dine d'rabbanan is nasata d'varim shiyurim, we can't start make carving out special exceptions for individual cases. The rabbis legislate uniformly, otherwise uh there there is no stability to their decrees. Um regarding the heter of Akiva Eiger Schlesinger, you're going to have in mind to blow even for the various sorts of klal Yisrael. This is not an eitza because shofar is not permitted on Shabbos. That you're not allowed to blow um the shofar to call out for help on Shabbos, only the chatzotzros. That would not be permitted. You can't have in mind Here, take a look. He says, "The atzoso l'chavin b'hatakia gam l'hatzriach atzros Yisrael eitzu eitza k'dei amru b'tainus daf yud daled u'v'shofaros mishabeish Shabbos." I the question that he asked on the Gemara from the Ran that Shmuel Yavi Renan because they're not b'kiin b'kvius, we can't push off a Gemara that you can't blow a shofar even to call for help on Shabbos because of a question. LMI, he'll say, "Okay, let's let blow a shofar that's under the auspices of Beis Din." You can't do that. Um that's not better than just like you can't blow shofar in a city where the doors are locked and there's not a shul rabbin. Uh you can't blow shofar that's in a in a special specialized environment where the shofar is under the uh auspices of Bez Din. Okay. So, let's conclude with this. Venishara Rak Ha'arosa Ha'hashuva. All we're left with is the very valuable and important uh point that even if it's assur to blow, isn't it better for someone one person to blow and violate a small issur to be mezakeh the rabbim? Don't we say Chatei Beshulshei Yizkeh Chavercha like we say in Ervin Nicha Lei Lechaver De'liavei Issura Chalila V'lo Le'iavei Am Ha'aretz Issura Rabba. This is not a good tainah because if that was the case, then that's mevatel the gzeirah of Rabba. Rabba said nobody's allowed to blow Shema Yisrael Adonai Eloheinu So, I have a great idea. Blow and you'll do the aveirah and the other 500 members will get the mitzvah. They'll even pay you, you know. We'll give 10% of everyone's membership to the avaryan who wants to blow the shofar on Shabbos. And he'll take it on the chin for the team. He'll be like the sa'ir la'azazel. And yet Rabba still said that he's not allowed to do it. In other words, what was the purpose of Rabba's gzeirah if one guy will just say, "Okay, hahaha, I'll take it on the chin for the team." And the answer is that was the gzeirah of Rabba. The gzeirah is we are not allowed to let somebody blow for us. The gzeirah is we are not allowed to let someone blow for us. Or as Rebbi Akiva Eiger says, true, maybe he'll get an aveira and it's worthwhile for him to do it. But it's [snorts] we're not allowed to ask him to blow. We can't have him blow for us. We're not allowed to have him blow for us. By the way, which might have been what Rebbi Shmuel Salant was saying, that Rebbi Shmuel Salant says, "Listen, I'm I'm not blowing and I'm not telling him to blow. But if I knew that he would blow, I would go stand behind the wall to listen to him." Maybe that would be permitted. Because as as long as I didn't tell you to blow, meaning the gezeira is a Jew is not allowed to be responsible for the blowing of the shofar. But if I'm incognito and you see if I if Rebbi Shmuel Salant would have participated, so that's like an endorsement. But if he's hiding behind the wall and nobody knows that he's there and that he endorses it, then it's permitted for him. Basically, after all of this, um the Rebbi Chaim Michel Tukachinsky concludes based on the Sefer HaChinuch that the Sefer HaChinuch paskens a mitzvah to take Rosh Hashanah shofar al Shabbos, uh we we don't blow. But this was not gozeir in a place where there's a Beis Din HaGadol b'chochma. The Rambam holds you need smuchim. I heard Rebbi Yitzchak Alfasi was tokeia in his yeshiva. And the conclusion of the Sefer HaChinuch is, you my dear reader, you choose what's good in your eyes. Harei lo ratza HaChinuch l'hachria. The Sefer HaChinuch did not want to be machria. You know, it's interesting. The Meshech Chochma writes that how could the Chachamim give up on the great zechus of ki'as shofar when our life is on the line? Why would they do that? They're putting our life in peril. The Gemara says any year that you don't blow in the beginning of the year will be bad in the end. And the Meshech Chochmah explains that in a way this is our Akedah. When Avraham told Yitzchak, "I need to sacrifice you." Yitzchak could have easily questioned the decision of the Rabbi named Avraham. "This is a bad idea, Rabbi Avraham. I don't think this is a good idea. You've told me your whole life that God doesn't like human sacrifice. I'm not I'm not going to be participating in shacharit that day. I have a previous engagement." Why didn't Yitzchak say that, you know, it's bein hazmanim, you know, it was it was Rosh Hashanah? Yitzchak could could have come up with every excuse in the book. But nevertheless, Yitzchak referred deferred his judgment to the judgment of the Chacham HaDar to Avraham Avinu. Well, that is what we do when Rosh Hashanah comes out on Shabbos. Although there might be a rationale to be able to blow the shofar, ultimately the zechus of the Jewish people and the Akedah uh that we try to tap into on Rosh Hashanah, which is our most powerful merit, is the zechus of deferring to the judgment of the Chachmei Yisrael. So, this was the amazing saga. Maybe uh we'll have a chance to discuss a topic. Let's say you do blow. Do you get a mitzvah? Or did Chachamim uproot entirely any fulfillment of a mitzvah? Rabbosai, I wish everyone a uh kesiva v'chasima tovah, a good gebentshte year. I thank you for joining us this year for Agra d'Pirka, and may Hakadosh Baruch Hu give us all the zechus for a year of chaim, of brius. >> Amen. >> Kol tuv everyone. >> Recording stopped. >> Kol tuv.