Rabbi Grossman Critiques the Mishna Brurah

The Chofetz Chayim and the Vilna Gaon: Similar Halachoth, Dissimilar Approaches

March 20, 2016

This past semester we had the opportunity to review the topic of the time concerning the weekly onset of the Sabbath. Using the Mishna Berura (to Orah Hayim 261) as a base text, we saw how in the olden days, the prevailing view was that the halachic day starts at sundown, and therefore if one wished to add to the Sabbath by accepting it while it was still Friday, he would have to accept the Sabbath, i.e., desist from performing forbidden labors, sometime before sunset. We also how Rabbeinu Tam believed, based on his understanding of the relevant Talmudic passages, that the halachic “sunset,” the dividing line between the halachic days, is something that occurs everyday almost an hour after the setting of the sun that we are used to seeing. At the time, applying Rabbeinu Tam’s opinion was revolutionary. For centuries, the Jewish people greeted the Sabbath queen and saw her off at certain times of the day, and then slowly, they started doing so later. The weekly Sabbath shifted by about an hour, and that eventually became the prevailing custom among us, such that both the Shulhan Aruch and the Rema assume that the halacha follows Rabbeinu Tam. While there were notable holdouts who did not completely accept the new definition of the cut off line between days, like the Shach and Yemenite jewry, Rabbeinu Tam’s position held sway until the Vilna Gaon came around. The Vilna Goan completely rejected Rabbeinu Tam’s approach because it simply does not fit with reality. What celestial phenomenon actually happens about an hour after sunset? Most of the stars, whether, small, medium, or large, are already out by that time. It was better to revert to the classic understanding of sunset as explicated by the Geonim and Maimonides: sundown is sundown, and the Sabbath must start by then, and it departs only a matter of minutes afterward. The Chofetz Chayim, by mentioning the Vilna Gaon’s opinions concerning most halachoth, helped popularized the Gaon’s overall approach, and today the momentum has shifted. Most Jewish communities accept the Sabbath by sundown on Friday, and allow their constituents to begin forbidden labor well before even an hour has passed from the sundown the following day. Rabbeinu Tam would not be too satisfied with the status quo today; he ruled the way he did because he believed that the halacha should fit with the ancient cosmological models that the ancient Hebrews shared with others in the Near East, and felt that the sages later viewing the world and the orbits of the spheres as did the Alexandrian astronomers was improper, despite their stature.

Here’s where it got interesting. Rabbeinu Tam and the Shulhan Aruch and the rest specifically adopted one position and outright rejected the other, while Maimonides and the Vilna Gaon took the second opinion and rejected the first. All of the pos’qimtook sides on the issue, each one for his own reason(s), but the Chofetz Chayim does not present his readers with sufficient arguments for or against each position. Instead, he just presents the opinions as being at odds with each other and identifies who subscribes to each opinion, and then he rules that both opinions be ideally followed. We should take in the Sabbath according to the earlier definition of sunset, but end the Sabbath according to the later opinion. This overall approach of trying to satisfy all major opinions was popularized by the Chofetz Chayim, but is, in a historical sense, the most revolutionary. And this shows us the defining difference between the methods of the Vilna Gaon and the Chofetz Chayim, even though it was the Chofetz Chayim who made the Vilna Gaon’s views so well known: The Vilna Gaon ruled like the view that he felt fit the Talmudic sources and the reality, while the Chofetz Chayim did not weigh the merits of individual views, and instead sought to somehow satisfy all of them.

We then saw a number of the classic cases we discussed previously, where most notably, the Mishna Berura does not mention the actual opinion of the Vilna Gaon on the matter because, presumably, it stands at complete odds with the view the Chofetz Chayim was trying to advance.

In 31:8 the Chofetz Chayim is trying to advance the position that a blessing should not be recited when donning t’filln on Hol Hamoed, and the Vilna Gaon’s “lenient position” on the matter can be used as a “weight” to counter the position that a blessing should be recited on donning t’fillin. This would give the reader the impression that the Vilna Gaon ruled that t’fillin are worn without a blessing on Hol Hamoed, whereas in  reality the Vilna Gaon believed that there was no question about the blessing, because he held like the Shulhan Aruch, which ruled that t’fillin may not be worn on Hol Hamoed at all. Citing the Vilna Gaon accurately would have wrecked his entire thesis.

In 583:8, the Mishna Berura, in a discussion concerning the practice of Tashlich, neglects to mention the opinion of the Vilna Gaon: that tashlich should not be done on Rosh Hashana, nor by a body of water. Citing the Vilna Gaon would have eliminated the entire point of the discussion. The same can be said about the entirety of mark 605. The Mishna Berura has much to say about how to perform kapparois, even though both the Shulhan Aruch and the Vilna Gaon prohibited them.

In Orah Hayim 2 and 8 the Mishna Berura discusses the issues of ad hoc head coverings when reciting blessings, and the idea that Jews should always wear hats even when indoors. He does not mention that the Vilna Gaon wrote that “the rule of the matter is that there is never any prohibition of going about with an uncovered head,” and that it is only during the times of the prayer that one should cover his head out of respect. Once again, the Vilna Gaon’s opinion is not mentioned,  because it is in such stark contrast to the view the Mishna Berura favored.

The Vilna Gaon would often mention who subscribed to views that he rejected; I know of no instance where the Mishna Berura cites the Vilna Gaon and then rejects his opinion.

The entire issue of reading part or all of the last verse of Parashath Zachor multiple times has its basis in  a  practice of the Vilna Gaon as cited by the Mishna Berura. Ma’aseh Rav 133 and 134 mention that the Vilna Gaon himself would be the one to read Zachor in the synagogue, and that he read the word as zecher, with a segol, as opposed to the traditional vowelization, zeicher, with a tzeirei. In Diqduq Eliyahu, the Vilna Gaon seems to say that the difference between the two vowels is the yud-like sound that is a natural part of the tzeirei vowel, much like the long hiriq (ee as in “bee”) has a natural yud sound. This issue is surprising, because as we wrote earlier, there are many disputed vowelizations throughout the Torah, and many actually affect the meaning, but in this case, there is no known manuscript or classic text that has the word zeicher vowelized with a segol, and even if such a variant vowelization existed, it would not change the meaning of the word. The Vilna Gaon also felt that the word should also be zecher in Psalm 145:7 (“Ashrei”), even though, once again, we have no such version. Be all this as it may, the Vilna Gaon apparently favored one view over the other, but it was the Chofetz Chayim who popularized trying to somehow satisfy all opinions.

But why did the Vilna Gaon feel that the word zeicher should be re-vowelized? Granted he made similar recommendations with regards to the prayer liturgy, and spent his life trying to edit the exact texts of the Talmud and Midrashim, but those are not part of the received Biblical text, the masora, and he did not suggest any other re-vowelizations throughout the entire Bible, nor did he attempt to reconcile some other known vowelizations that are subject to dispute. Why did he seem to care about only one word in the entire Bible, and is it more than a coincidence that it happens to be in the one minimally parasha read every year by command of the Torah?

Here is how I see it. The Vilna Gaon likely did not really say that zeicher should be revowelized! Having a segolate noun of the tzeirei-segol form (e.g., sheivet, tribe, and neizer, diadem) is just as valid as the double segol form (e.g. kesef, silver, and qesher, knot). In the commentary  P’ulath Sachir to the printed versions of the Ma’aseh Rav, the author mentions that the Vilna Gaon’s students actually do not agree on how the Gaon said zecher/zeicher. Some dispute the Ma’aseh Rav, and claim he really said zeicher with a tzeirei. So what happened?

The Vilna Gaon was not always the regular Torah reader. That is why it was a novelty for him to be the reader for Zachor. He would normally only go up to the Torah for the sixth aliya. Further, he believed that the reading of Zachor was biblically ordained, and told his students that that was his opinion, so they naturally paid more attention to that reading, especially when their holy master was doing the reading. Next, the Vilna Gaon’s Hebrew definitely did not sound like that of  other Litvaks. It, like very other of his practices, was colored by his objective adoption of what he believed to be right, and therefore was unusual. (He also declined to speak Yiddish like the rest of the Jews, and strove to only speak Hebrew.) His vowels were the objective ones he describes in his other seifer (sefer?). While Ashkenazis allows for a segol that sounds like the e in “bet” and a tzeirei that sound like the ay in “way,” in truth the tzeirei should not have such a strong diphthong yud (y) sound, and in the Gaon’s opinion, the tzeireiwas actually somewhere between the two sounds, similar to the way both the segoland tzeirei are pronounced in Modern Hebrew. Next, in the entire Parashath Zachor, the vowel tzeirei only occurs once in a syllable that is both open and accented, i.e. most distinguished from a segol: in the word zeicher! Therefore, when the Vilna Gaon read that word properly, to some students of his students it sounded like what they knew was his version of a tzeirei, but to the less knowledgable students, it did not sound like a true, hard, Ashkenazic tzeirei, so it must have been a segol! This is similar to the fallacy that Ashkenazis is any pronunciation system that includes a weak sav and some sort of qamatz that is different from a patah, or that the forms of checkers or handball that are unusual are “Chinese.” The vowel was weaker than a tzeirei, so it must have been a segol. What about the tzeirei in eith and Amaleik? Wouldn’t they have noticed that those were weak? Not as much, because those syllables are closed and therefore less noticeable.

To sum up, the Ma’aseh Rav is not reporting that the Vilna Gaon felt the word should zeicher should be vowelized with a segol, but rather that the Vilna Gaon did not, when the time came to speak proper biblical Hebrew, pronounce a tzeirei exactly like the way the other Ashkenazim were doing, and this fits with the Vilna Gaon’s life-goal of escaping the misguided “poilisher minhagim” that dominated in Europe.

Much like eating an inordinate amount of matza in a short period of time has come to overshadow the commandment to remember facets of the Exodus, the over pronunciation of the words of Zachor has now overshadowed the message of the parasha, and this is due in part to the Mishna Berura’s over simplification of this issue, turning it into just another mahloqeth that needs to have both sides satisfied.

From Avraham Ben Yehuda, here.

Ayin Ra’a Versus Emuna

Haman’s Evil Eye

By: Rabbi Shalom Arush – 3/12/2016

The “good eye” is to be grateful and to thank Hashem. The “good eye” is holiness, the spiritual fiber of a Jew. The word in Hebrew for “Jew” – Yehudi – is a derivative of the word lehodot, to give thanks. A Jew is, therefore, one who should be grateful to Hashem and to his fellow human.

Zeresh warned Haman, her husband: “If Mordechai is from the seed of the Jews, and you have started to fall before him, you cannot prevail over him for you will surely fall before him” (Esther 6:13). What did she mean, “if”? Of course Mordechai was a Jew – they all knew that. But, there was no greater ingrate than Haman in the whole world. Hashem gave him everything – wealth, power, success. As viceroy to King Ahashverosh, who was busy with his harem, Haman was the virtual ruler of 127 countries – the entire civilized world! The whole world bowed down to him. Everything was his. But he declared, “All this is worthless to me” (ibid, 5:13). Why? Because one Jew – Mordechai – wouldn’t bow down to him. This is the height of ingratitude, the “evil eye” of Haman, the spiritual impurity that is known as kelipat Haman.

Like Adam and Eve, Haman had everything. And like them, he too was dissatisfied, for he failed to look at all the abundance and good fortune that were bestowed on him and he focused on the one tiny thing that he lacked. This is the mean spirit of stinginess, known in Hebrew as a “constricted eye”, the opposite of gratitude and magnanimity.

As such, Zeresh is in effect telling Haman that if Mordechai has the quality of the “good eye” that is characteristic of the Jews who constantly praise and thank the Creator, then he won’t be able to overcome him, for the “good eye” is stronger than the “evil eye”. No evil eye can prevail over a person with a good eye. Mordechai surely had a good eye, for the Megilla testifies that he sought the good of everyone (ibid, 10:3).

We Jews pray every day in the Shemona Esrei prayer, telling Hashem, “You are holy and Your Name is holy, and the holy ones will praise You daily”. The “holy ones” are the ones that guard their eyes; these too are the ones with constant gratitude to Hashem.

Grateful people succeed. That way, they always have something to be grateful for. Their “good eye” causes a wonderful upward spiral of gratitude and success.

A grateful person excels in his fulfillment of mitzvoth and in his relationships with people. He respects his parents, for he appreciates every little thing they’ve ever done for him. He appreciates his wife and looks only at her good qualities, paying attention to all the wonderful things she does for him every single day. In return, he enjoys the blessings of both his parents and his wife, and he succeeds even more. He is a walking example of gratitude for his children; they see how he thanks Mommy and how he respects his own parents. They too follow suit, so he ends up having much gratification from them as well. And more than anything, he is thanking Hashem all day long.

The Gemara teaches that it is forbidden to do a favor for an ingrate. One wonders why. Suppose a person wants to do something completely altruistic, and he knows that he’ll get no thanks for it. What could be wrong with such an action?

The Gemara answers that doing a favor for an ingrate is like committing idolatry. Idolatry? Isn’t that a harsh term? The ingrate has an inflated sense of entitlement as if everyone owes him and he deserves everything. In that respect, he is making himself a deity, just as such arrogant ingrates as Pharaoh and Haman did. Therefore, doing any favor for such a person is like serving an idol.

Conversely, a grateful individual has no sense of entitlement. Since he doesn’t think that anyone owes him anything or that he deserves anything, he appreciates each tiny amenity in life that comes his way and expresses his gratitude both to Hashem and to his fellow man.

A person with Haman’s level of ingratitude is never satisfied and usually depressed. He is blind to the myriad of favors that Hashem does for him every moment, for nothing pleases him. But if a person follows the way of Judaism, he should be saying thank-you all day long and singing songs of praise to Hashem.

Happy Purim!

From Breslev Israel, here.

‘אין לבטל שום מנהג’

מנהג הכאת המן

איתא ברמ”א (הלכות מגילה ופורים סימן תרצ סעיף יז): “נהגו התינוקות לצור צורת המן על עצים ואבנים, או לכתוב שם המן עליהן, ולהכותן זה על זה כדי שימחה שמו, על דרך (דברים כה, יט) ‘מחה תמחה את זכר עמלק’, ו’שם רשעים ירקב’ (משלי י, ז). ומזה נשתרבב המנהג שמכים המן כשקורים המגילה בבהכ”נ (אבודרהם); ואין לבטל שום מנהג או ללעוג עליו, כי לא לחנם הוקבעו (ב”י בשם ארחות חיים).

וז”ל הבית יוסף (שם ס”ק יז): “כתוב בארחות חיים (שם אות מא) כשמזכיר הקורא שם המן ובניו מנקשין התינוקות באבנים או בלוחות עץ שבידם, וכתוב בהם שם המן ובניו, ועל ידי הניקוש הם נמחקים. ולמנהג הזה יש שורש בהגדה, דאמרינן (שמות יז יד) ‘כי מחה אמחה את זכר עמלק’, אפילו מעל העצים ומעל האבנים. לכן אין להלעיג על המנהגים כי לא לחנם נקבעו, והמנהג הזה נוהגים בצרפת ובפרובינציא, ונותנים טעם ע”ש (משלי י ז) ‘ושם רשעים ירקב’, עכ”ל”.

ויש לעיין, הרי הרבה פעמים הוזכרו מנהגים ברמ”א, ולמה דוקא בהכאת המן הזהיר הרמ”א באופן מיוחד שלא לבטל שום מנהג. וכן צריך ביאור מה הענין המיוחד שיש בהכאת המן.

ונראה לומר שבאמת היה מקום גדול לבטל מנהג זה, משום שיכול להפריע לציבור לשמוע את המגילה כהוגן. וכבר הזהיר המשנה ברורה על זה שצריך לשמוע היטב, ואם כשמכין המן אינו שומע איזה מילה, צריך לומר הפסוק בעצמו עד שמגיע למקום ששליח ציבור אוחז בו, והדברים לא כ”כ קלים והיה מקום גדול לבטל המנהג.

ולכן הזהיר הרמ”א כאן באופן מיוחד שלא לבטל את המנהג.

ובאמת צריך להבין מה כ”כ החשיבות במנהג זה.

ונראה לומר שיש כאן יסוד גדול להשריש בילדים שמי שהוא צורר ישראל צריך למחות נגדו, ולא להתחבר איתו. ולדעת שבסופו של דבר יהא נעקר מן העולם, הוא וכל מי שמתחבר אתו.

וידוע שבכל דור ודור היו צוררי ישראל שבאים להשמיד את ישראל, כמו שאומרים בהגדה ‘שבכל דור ודור עומדים עלינו לכלותינו’, ולצערינו תמיד היו מלשינים דלטורים ומוסרים שהתחברו עם הרשעים האלה, ומסרו להם ממונם וגופם ביד צוררי ישראל.

וזה היה בתחילת תקנת רבן גמליאל ע”י שמואל הקטן לתיקון ברכת המינים, שהיו תלמידי אותו האיש, שעשו צרות גדולות לעם ישראל. וכן היו תמיד מלשינים בתוך תוכינו שהלשינו על ישראל, והתחברו עם צוררי ישראל.

ואפילו בגזירות הנאצים ימ”ש, היו יהודים ששיתפו איתם פעולה, ואכמ”ל.

וכן עד עצם היום הזה, שהערבים מכריזים חורבן על כל יושבי א”י ומאיימים להשמיד כל יהודי א”י, יש לצערינו יהודים מתוך תוכינו שמלשינים ומוסרים יהודים וממונם לצוררי ישראל.

ועל כן צריך להחדיר חזק בילדים יסוד הענין שגוי שצורר ישראל הוא רשע, ובסופו של דבר יעקר מן העולם. וכן מי שמתחבר איתם ומוסר ממונם או גופן של ישראל ליד הצוררים – דינו כמותם. ואין לו חלק לעולם הבא כמבואר בחז”ל, עי’ רמב”ם (הל’ רמב”ם הלכות עבודה זרה פרק י): “אבל המוסרים והאפיקורסין מישראל היה דין לאבדן ביד ולהורידן עד באר שחת, מפני שהיו מצירים לישראל ומסירין את העם מאחרי ה'”. ועוד כתב הרמב”ם (הלכות תשובה פרק ג הלכה יב): “שנים הם המוסרין: המוסר חבירו ביד עכו”ם להורגו או להכותו, והמוסר ממון חבירו ביד עכו”ם או ביד אנס שהוא כעכו”ם ושניהם אין להם חלק לעוה”ב”.

וידוע שמה שנותן חיזוק הכי גדול לילדים בענין הזה הוא הכאת המן, והרבה ילדים באים לשמוע מגילה בעיקר בעקבות הכאת המן, וזה נותן רושם לכל החיים, ויותר רושם מעצם קריאת המגילה. וגם דרך הכאת המן באים לשמוע גם את המגילה.

וכל זה הוא אחד מיסודות הדת להבדיל ישראל מן העמים, ולהכריז שמי שצורר ישראל הוא צורר כלפי הקב”ה, כי הקב”ה בחר בנו מכל העמים.

ועל כן הזהיר כאן הרמ”א באופן מיוחד שלא לבטל את המנהג הזה, על אף שהיה מקום גדול כן לבטלו, והטעם כי חשיבות המנהג עולה על הסיבות האחרים.

מאתר בריתי יצחק – הרב ברנד שליט”א, כאן.

How State Spooks Supply ‘Security’

Why does “the National Interest” demand that Jewish children hitchhiking home remain in jail, while Arabs approaching Jewish towns with hammers and screwdrivers be released?

Thursday night, a friend and I are hitchhiking home from yeshiva for Shabbat. We left late and thus find ourselves stuck at Elad Junction at 3 A.M. (classic teenage planning….) Suddenly, a white vehicle stops next to it. Two men in plainclothes jump out from it and present themselves as police officers. Apparently our long payos, caught their attention… They immediately begin searching our bags. Suddenly one of them victoriously raises an object in the air and shouts, “A cutter and a marker!” Before we even realized why my hobby of carving trees was so important, we found ourselves in handcuffs being led to the Unit for Nationalistic Crimes. One of the officers snidely told us, “They’ll know how to deal with people like you.”

We got to the Unit’s headquarters in Maale Adumim and the officers there were quite pleased to see us. They were happy to deal with “dangerous, Jewish terrorists.” I found myself being interrogated for several hours for “Involvement in a crime with racist motivation.” They accused me of intending to use the cutter to puncture ‘Palestinian’ tires, even as I began explaining my hobby of wood-carving to them. The lack of Arab towns near Elad also seemed to be lost on the interrogators. But no matter, they brought me the next day for a hearing in court.

Just before our hearing, we got to observe the hearing of an Arab youth caught with a firebomb in his hand. The judge ordered the boy released because he was just a youth. It seemed as though I’d have good chances with this judge…

Somehow in my case, the judge’s compassion was not so forthcoming. She explained that she could not release me because there is “a national interest against this youth.” In short, she ordered me kept in jail for four more days and gave the interrogators more time to harass me for hours on end. As part of one interrogation tactic, they even arrested my mother in order to apply pressure on me. This tactic that has been explicitly banned by the courts, but the ‘national interest’ here must have overruled that precedent. After four days, and many conversations on wood-carving, I was ordered released.

Yet the story does not end there. After the prosecution realized they could not connect the two ‘Jewish terrorists’ to any crime, they decided to try another route and filed an indictment for possessing a knife. They then requested remand for the duration of the proceedings relating to this misdemeanor offense. While the judge did not agree to their request, he did place me under house arrest. From what my lawyers have told me, I may be the only person in the history of the State to sit under house arrest for this charge. I guess that shouldn’t be so surprising though, given the ‘national interest….’

Just a pair of kids from Hizme

Let’s move a year forward to recent days of violence and rioting. The Henkin Couple was murdered a few months ago and since then, shootings and stabbings have become commonplace throughout Israel. On Wednesday March 2nd, another regular day, two Arabs penetrated the town of Eli and attacked the father of a family. Later that night, two Arabs penetrated the town of Bracha and stabbed two soldiers. As that attack was going on, two other individuals were seen approaching the town of Yitzhar. The Emergency Response Team was called and forces arrived at the scene. Two Arab youths from Hizme were caught in the area with iron bars, hammers, and gloves.

Shabak interrogators arrived and questioned the two ‘innocent’ Arab youths. The youths claimed they came from the Jerusalem area to look for gold near Yitzhar. The interrogators immediately recognized this as a reasonable claim and decided to release the two youths. They were just looking for gold! After all, Yair Lapid did say that all of the money is buried between Itamar and Yitzhar! It makes perfect sense!

The mother of these two youths was not arrested. They were not even brought for a court hearing. The gold-seeking Arabs were sent home without any restrictions. After all, I guess there simple was no ‘national interest’ against them…

From Hakol Hayehudi, here.