‘Halachah Does Not Change but Its Application Does’

Excerpt from An Interview with Rabbi Hershel Schachter:

Does Halakhah change over time and, if so, in what ways? When, if ever, are halakhic innovations acceptable?

Halachah does not change over time. We believe “ani Hashem lo shanisi” (I am Hashem, I have not changed). Because the essence of God does not change, and we assume that the Torah is a description of E-lohus (Godliness), Halachah cannot change either. However, the world around us is ever-changing, and because of that, the way Halachah is practiced today is not exactly the same as it was one hundred years ago, fifty years ago, or even yesterday. There are so many changes taking place and the slightest one makes for a new she’eilah. In almost every siman in Shulchan Aruch, you have many se’ifim, not just one, so that under different conditions, you follow a different se’if. Every she’eilah has to be taken within the historical context in which it comes up and with the proper perspective. So the application of Halachah changes, even as Halachah itself does not.

In my introduction to Erets ha-Tsevi, I give the mashal (example) that Avraham Avinu, when there was a famine, left Erets Yisrael for Mitsrayim. Then, in the days of Yitschak, there was another famine, so he thought to go to Mitsrayim also. Yitschak was known for following the traditions of his father – he dug the same wells as his father had and gave them the same names, etc.

So the Zohar, quoted by Ha-Kesav ve-ha-Kabbalah, comments that Yitschak followed the whole masorah (tradition) of his father, and wanted to continue doing so by leaving for Egypt, but then the Ribbono shel Olam told him no – you are an olah temimah (a perfect offering) brought on the mizbeach (altar); you are not allowed to leave for Chuts la-Arets. He thought he was doing exactly the same thing as his father by deciding to leave, but Hashem informed him that the circumstances had changed.

Note: I heard this before but don’t agree this is what the Zohar means. Attributing blind “Mesorah” in ret-con to Yitzchak in seriousness requires stronger textual evidence. I cannot find this within now.

Similarly, the Gemara tells us that Moshe Rabbeinu made many charamim(bans) on cities Benei Yisrael fought against, so Yehoshua bin Nun made a cherem on Yericho thinking that he was doing the exact same thing as his rebbe had. The Ribbono shel Olam got angry with him for having done so, though, because the circumstances had changed: Moshe Rabbeinu made his charamim before Benei Yisrael crossed the Yarden, so there was no din of kol Yisrael arevim zeh ba-zeh (every Jew is mutually responsible for the next); Yehoshua, though, made his cherem after that din took effect, so all of Benei Yisrael would be responsible for the sins of those like Achan who violated the cherem, potentially endangering them all. He simply did not realize that he was living in a different generation and the she’eilah was a different she’eilah.

Note: Same.

Oftentimes, people will say, “My father belonged to the Agudah, so I belong to the Agudah; my father belonged to the Mizrachi, so I belong to the Mizrachi,” without taking into consideration that today everything is totally different: that was before Hakkamas ha-Medinah (the establishment of the State) and before Milchemet Sheshet ha-Yamim (the Six Day War)! The Agudah today is not necessarily the same as the Agudah of 50 years ago. Everything is changing in the world. Halachah does not change but its application does.

Note: I mostly agree with all this.

Listen to a great shiur that approximates the above!

New Kabbalah Prohibition for Ellul

Aruch Hashulchan O.C. 581:
אין אומרים תחנון בערב ראש השנה בשחרית. ואף על פי שנופלין על פניהם באשמורת בסליחות, ולפעמים נמשך על היום – מכל מקום בשחרית אין נופלין, כבכל ערב יום טוב. ואין תוקעין בערב ראש השנה, כדי להפסיק בין תקיעות רשות לחובה. אבל בביתו להתלמד – מותר. ובלילה לא יתקעו בכל חדש אלול, אפילו להתלמד; דאין לעשות התעוררות בלילה, והתקיעות מעוררים המדות העליונות. והמנהג להתיר נדרים בערב ראש השנה.
Note: This was brought to my attention perhaps through Rabbi Avi Grossman’s site.
No comment.

Hyehudi: Radical but Read!

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Psychoanalyzing the ‘Da’as Torah’ Mindset

First, we copy a part of an essay by Rabbi Avraham Ashkenasy Shlita as is (with slight editorial changes):
The Gerrer Rebbe, the Pnei Menachem, zy”a, once recounted an incident from his childhood which illustrated the incisive approach of chassidus in Kotzk and Peshischa.
All the children of the Imrei Emes, zy”a, were giants in Torah and chassidus. The Tchebiner Rav, zt”l, said that because of the dazzling greatness of their father the Chassidim didn’t realize how great his children were. One of them, Reb Yitzchak, was particularly ingenious at cloaking his piety and sagacity with a mantle of humor which kept his true identity under wraps.
Late one Yom Kippur afternoon, right before Neila he made a remark which caused those surrounding him to break into smiles. His youngest brother, later to be known as the Pnei Menachem, was curious to know what was said at such an auspicious time, and Reb Yitzchak was forthcoming.
“Motzei Yom Kippur right after Ne’ilah we daven Maariv like every day, including the bracha of Selach lanu, in which we beg Hashem to pardon us. We were all wondering, what’s there to ask forgiveness for after such a holy day. Aren’t we clean and pure?”
“I suggested,” he said with a smile, “It’s because many people go on saying “leilah u’leilah in the Kaddish like they did all of Yom Kippur! So, we need a kapparah to absolve us of the sin of interrupting Kaddish with unnecessary words.”
The Pnei Menachem reacted in childhood innocence and wondered out loud, “What? How can you make such a joking comment of Yom Kippur?” Yitzchak smiled again and responded, “When you will get older you’ll understand!”
And the Pnei Menachem did. Decades later at a tisch when he himself was the Rebbe he explained. “After a long holy day of prayer and sanctification, people are uplifted. Some mistakenly feel they have already made it! They think they are sacrosanct like angels, holy and sublime, le’eilah u’le’eilah, way up high! But it is not true. Yom Kippur is only a beginning, an opportunity for a fresh start. Holiness doesn’t just “happen”; it requires long, hard work!”
Did you notice anything strange?
Alright, let’s see it again, this time with some parts bolded, and interspersed comments:
The Gerrer Rebbe, the Pnei Menachem, zy”a, once recounted an incident from his childhood which illustrated the incisive approach of chassidus in Kotzk and Peshischa.
All the children of the Imrei Emes, zy”a, were giants in Torah and chassidus. The Tchebiner Rav, zt”l, said that because of the dazzling greatness of their father the Chassidim didn’t realize how great his children were. One of them, Reb Yitzchak, was particularly ingenious at cloaking his piety and sagacity with a mantle of humor which kept his true identity under wraps.
Note the titles conferred throughout carefully. As for the Tchebiner Rav, when exactly did he make his statement? When they were chronologically children?! Nu.
Late one Yom Kippur afternoon, right before Neila he made a remark which caused those surrounding him to break into smiles. His youngest brother, later to be known as the Pnei Menachem, was curious to know what was said at such an auspicious time, and Reb Yitzchak was forthcoming.
“Motzei Yom Kippur right after Ne’ilah we daven Maariv like every day, including the bracha of Selach lanu, in which we beg Hashem to pardon us. We were all wondering, what’s there to ask forgiveness for after such a holy day. Aren’t we clean and pure?”
Rabbi Ashkenasy is too frightened to even introduce a Gerrer scion with his childhood name. Instead, he says: “youngest brother, later to be known as the Pnei Menachem”. His sacrilegious groveling is almost contagious.
“I suggested,” he said with a smile, “It’s because many people go on saying “leilah u’leilah in the Kaddish like they did all of Yom Kippur! So, we need a kapparah to absolve us of the sin of interrupting Kaddish with unnecessary words.”
The Pnei Menachem reacted in childhood innocence and wondered out loud, “What? How can you make such a joking comment of Yom Kippur?” Yitzchak smiled again and responded, “When you will get older you’ll understand!”
What happened to “Reb Yitzchak”? How did he lose the honorific so fast? And why is “Menachem” (pardon!) still referred to by the name of his book, although he is yet a child? With Chazal, their names are naturally given based on their deservedness at the time, as seen all throughout Mishnah and Gemara (doubtless, Chassidic Rebbes are far greater!).
The answer is simple. Since Yitzchak never became a Rebbe, while his younger brother did, he goes from “Reb” to plain “Yitzchak”. His exalted brother, in contradistinction, is never even mentioned here sans third-person splendor. It is almost as though making Rebbe is the Tachlis of our descending to this world… I guess the writer does, indeed, think so. Sad.
And the Pnei Menachem did. Decades later at a tisch when he himself was the Rebbe he explained. “After a long holy day of prayer and sanctification, people are uplifted. Some mistakenly feel they have already made it! They think they are sacrosanct like angels, holy and sublime, le’eilah u’le’eilah, way up high! But it is not true. Yom Kippur is only a beginning, an opportunity for a fresh start. Holiness doesn’t just “happen”; it requires long, hard work!”
See? the “Pnei Menachem” is called such since, when he himself was the Rebbe” decades later! It’s like with communists (um, lehavdil. I think). Those who gain political power gain more devotion to their ideas. Lenin, Mao and Che are read far, far more than the books of Marxist professors and members of the American Communist Party.
This is the overly reverent attitude toward rabbinic authority which can and has led to the ‘Da’as Torah’ delusion, and which can even lead to idolatry.

מאמרים אחרונים של הרב ברנד שליט”א

‘אנכי ה’ אלקיך’ והכפירה האיסלאמית

העולה להר הבית, הוא רודף, או מבער ע”ז?

ספר המסורת על מקום המקדש

ספר אל הר המור

שוויון מוצדק ומחייב, ושוויון פסול

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כן ירבו!

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