Mori Michael Shelomo Bar-Ron, Tishre 5771 (September 2010)

Note to non-Jews: The following article applies to Jews according to the high standard demanded of us by God, as his appointed nation of priests. (Ex. 19:6) None of the Torah or rabbinical commandments discussed here are obligatory for non-Jews. Nevertheless, the world at large is encouraged to walk in Israel’s footsteps and aspire to a higher level of holiness, for the sake of a better, saner world.

Note to less-observant Jews: Please do not be intimidated by this strong article. While the moral standard presented here – the standard of the Jewish sages – may seem difficult and extreme, I extend a friendly challenge to you to expand your horizons.

I dare you to break out of the mindset in which you’ve been programmed by the media, the secular academia and your peers. Remember: No matter how you grew up and how you practice, this is the voice of your people’s tradition; that of your ancestors. It is a wisdom thousands of years old, by which Jews have been preserved as a people while every other great empire has crumbled and fallen. Moreover, it is wisdom by which Jews have reached the heights of joy, built the most satisfying, long-lasting, loving relationships, achieved the heights of prophecy, and even super-human military feats against overwhelming odds.

The moral standard of the Torah has been the litmus test of every generation of Jews: When we accept it faithfully as a nation, we see blessing and Redemption. When we reject it for the corrupt values of other peoples, we see failure and destruction. On an individual level, whoever embraces it sees his grandchildren living as Jews. Whoever rejects it invariably sees his grandchildren cut off from our awesome faith – more victory for those who seek to wipe us out, culturally if not physically.

Are you up to the Torah’s challenge? Will you dare to open your mind and heart?

In the Mishneh Torah, the ultimate code of Jewish Law, the “Laws of Forbidden Sexual Relations” (hilkhoth Issure Bi’ah) are found in the Book of Holiness (Sefer Qedushah) – along with the Laws of Forbidden Foods and Laws of Slaughter. According to our tradition, our behavior in the very areas in which we can be the most animal-like – the way we procreate, what we eat, and how we kill our food – can distinguish us as holy. Holiness, a gift from the Creator, is the chance to rise above our cruel, base animal inclinations, and build a society based on goodness and higher ideals.

Sadly, our holiness, guarded by our modesty, is under assault everywhere we go: not only by the immodesty outside in the streets, but the very media images we’ve come to depend on; the TV and computer images that we bring into our own private living space. It is critical that we reconnect with the teachings of the Torah, our eternal Guide, to strengthen our resolve to reclaim what we have lost, and push back against the forces that threaten to extinguish the light of holiness from the world.

A SWEEPING, SEVERE PROHIBITION

Twice daily, every Jew – from the wisest and most religious, down to the simplest among us – is commanded to remind himself “you shall not go astray after your heart and after your eyes.” According to sacred tradition, our classical Sages of blessed memory taught, “after your heart” refers to apostasy; after your eyes, refers to sexual licentiousness. (Mishneh Torah, Laws of Idolatry 2:6[3]) For thousands of years, the believing Jew has known this to be no artful human addition; no fanatic religious innovation: the Creator of all flesh warned us from Sinai to guard our eyes.

The ancient Sages, bearers of the Oral Tradition from Sinai, regarded lustful gazing at women as a sin in and of itself. This should be appreciated more than ever today. In our modern times, the status of women has risen tremendously both in the West and East. While a woman serves as the Prime Minister of Germany, another woman serves as ambassador of Bahrain to Washington DC. Yet, in this seemingly-maturing world, weary and fed up with the objectification of women, it is vexing to see how little these ancient laws from Sinai are valued. In light of the evils suffered by women the world over at the hands of men who do not control their lust, these laws should be judged as the most advanced ethical system of all time.

However harmless it may seem, the Sages regarded lustful gazing as one of the most dangerous sins there are (by which a person can lose the eternal life of his soul) specifically because it is taken so lightly. (Mishneh Torah, hil. Teshuvah 4:4)

Among [the sins that complicate proper repentance] are five things that the perpetrator is not likely to turn back from because they are light in eyes of the majority of humanity, and when one sins he imagines it is no sin. They are as follows: … (3) One who gazes [lustfully] at the objects of forbidden sexual relations: He reasons to himself that there is nothing wrong in this. For he says, “have I had sex, or [even] drawn near?!” – and he doesn’t realize that the sight of the eyes is a great sin that causes the major sexual sins, as it is written, “you shall not go astray after your hearts and after your eyes.” [Num. 15:39]

This is why it is so shocking to hear that a few isolated yet vocal Jewish “scholars” in their own eyes (I call them hair-splitting “wise guys” to keep things civil) who are teaching in cyberspace that gazing at pornographic images is “technically” permissible according to halakhah (Jewish law). Even worse, these individuals claim to represent a more authentic path in Torah – namely the path of Rav Moshe Ben Maimon, RaMBaM (Maimonides), albeit a minimalist approach.

Bringing the law straight from its source in the Talmud (the written repository of the rulings and teachings of the Great Sanhedrin), RaMBaM teaches that it is forbidden even to watch women doing laundry, and even to gaze at the colorful clothing of a woman with whom one is acquainted. (hil. Issure Bi’ah 21:20[21])

Therefore it is forbidden for a man to gaze (lustfully) at women when they are standing laundering clothes; and even to gaze at the colored clothing of a woman with whom one is acquainted is forbidden, so he will not come to fantasize.

Even gazing (lustfully) at the small finger of a forbidden woman is prohibited! (Ibid. 21:20)

And it is forbidden for a man to signal with his hands, feet, or eyes [in a way that communicates sexual attraction] to any woman who is forbidden to him [anyone but his wife], and likewise to play [immodestly] or act in a silly/lightheaded manner with her. Even to sniff the perfume on her or to gaze at her beauty is forbidden, and one who does so intentionally is liable for stripes for defiance [of rabbinical law]. For one who gazes [lustfully] even at a woman’s small finger, intending to derive sexual pleasure, is just like one who gazes at her most intimate place. Even to listen (lustfully) at the voice of an object of forbidden sexual relations, or to gaze at her hair, is forbidden.

As a Jew, it is not small source of pride, that my ancestors were legislating rules preventing the objectification of women, while other nations were feeding human slaves to wild beasts in the arena.

As it is made clear in the chapter cited above, these and other preventative measures were enacted lest one come to masturbate. Considering it as careless abuse of the sacred act of procreation, the Sages likened it to murder. They clearly took their cue from the sin of Onan, son of Judah (who shamelessly spilled his own God-given seed) and his ensuing death by the hand of Heaven. (Gen. 38:6-10)

As a further safeguard, they ruled one must sleep one one’s side: a position that will prevent him from spilling seed in his sleep (Ibid. 21:19[19-20]). They went as far as to decree that an unmarried man not even touch his groin area – even to touch beneath the belly button – lest he come to fantasize and act out his fantasy in a forbidden way. (Ibid. 21:22[23])

In short, the Sages understood that we are part animal and part angelic soul. What side of us will rule over the other: the soul over the animal or the animal over the soul? The Sages – the shepherds of our nation – wanted to ensure that our soul, refined by Torah wisdom, rule over the animal within us; to sow the seeds of hope for a holier, saner world.

As we will see below (see below: “How to Break These Habits, point #4), the Sages were fully in touch with our innate need for intimate relations. Not only does the Torah not preach celibacy; it is regarded as unnatural and generally forbidden! Rather, as those charged with the task of helping us live in accordance with HaShem’s Will, they wanted to help Jewish men to focus this God-given energy in the holy context of marriage.

The Torah was not merely taking poetic license, relating HaShem’s Words: “It is not good for man to be alone; I will make for him a helper equivalent to him.” (Gen. 2:18) Dennis Prager once noted that over 80% of the violent crime in the world is committed by unmarried men. (1) Besides providing true satisfaction – emotional and spiritual besides the physical – marriage (when it is cultivated and worked on) refines our character, and brings forth children, building the Hebrew nation. In this day and age, it is difficult enough to bring many young men to commit to marriage. Were it not for these and other laws, Jewish marriage – the foundation of our future — would be greatly weakened.

ANSWERING THE MINIMALIST ‘WISE GUYS’

Whoever justifies to himself – just because the halakhah does not specifically refer to imagery – that looking at porn is technically permissible, is deluding himself greatly. Knowing what the Sages said about gazing at a woman’s small finger, how can they rationalize gazing at the rest of her unclothed figure?! What does that say about their intellectual honesty? Even if one does not look at porn in order to actively spill seed, such gazing by a normal, healthy man is likely to cause him to spill seed in his sleep…. and that only in the case of a person with greater self control.

About such people whose understanding of Torah brings them to transgress the Torah, it is written in the Prophets sarcastically: “I have also given them laws that are not good; ordinances they cannot live by.” (Mishneh Torah, hil. Shabboth 2:3, cf. Ezekiel 20:25)

Indeed, by imagining that gazing at such imagery is permitted, they disable themselves from upholding the Torah’s strict standard of holiness. This warped, minimalist approach is a hhilul HaShem, as it strengthens the Christian belief that the Torah was only given to prove that it cannot be kept. It also strengthens the secular claim that these are primitive laws that have no place in the modern world. It is only by relating to the entire Torah honestly that we can ultimately be recognized as “a wise and understanding people in the sight of the nations”. (Deut. 4:6)

Observe therefore and do [the Commandments]; for this is your wisdom and your understanding in the sight of the nations, that, when they hear all these statutes, shall say: ‘Surely this great nation is a wise and understanding people.’ (Deut. 4:6)

Whoever imagines that the Sages merely spoke about one type of lustful eyeing of women – leaving enticing imagery permissible – or rationalizes that they cannot be blamed for “inadvertent” spilling of seed caused by such porn-watching, may be in for a further surprise:

Their eye-feasting constitutes another Torah prohibition: active training from the wicked. A Jew is obligated to distance oneself from the company of the wicked, even to the point of living society altogether – to dwell alone in the wilderness if need be – anything in order not to learn from their wicked ways. (hil. De`oth 6:1-2)

It is clear from RaMBaM’s words that this refers to learning from the wicked by any means. It cannot exclude bringing the wicked into one’s living room through his computer, one’s private window to the world. In fact, observing how others conduct intimate relations as a form of learning, is specifically mentioned in Talmud: One errant student went to a gross extreme, hiding underneath his rabbi’s bed in order to learn how a Torah scholar should approach his wife!

The very notion that only sinful actions – no more – are forbidden, is a serious error: Actions are not the only matters for which Jews are obligated to repent: Being a negative character trait, un-channeled lust (outside the permitted arena of marriage) is a matter for which one must repent. (hil. Teshuvah 7:3) See below for notes on how to begin.

LESBIANISM AND FEMALE ADDICTS TO IMMORALITY

Make no mistake: These warnings and rules apply to women as well. Whoever rationalizes that they are for only for men, should consider the rabbinical prohibition of lesbianism. While it does not constitute one of the the 613 Torah commandments, lesbianism is linked to “the practice of the Land of Egypt”, which was prohibited by HaShem Himself. (hil. Issure Bi’ah 21:8)

For women who sexually stimulate one another, this is forbidden, and it is the “doings of the land of Egypt” of which we were warned, as it is written, “According to the doings of Egypt… you shall not do.” [Lev. 18:3]. The Sages said, “What would they do? A man would marry a man, and a woman would marry a woman, and a woman would marry two men.”

The Sages were referring to the Torah verse:

According to the doings of the land of Egypt, where you dwelled, you shall not do; and according to the doings of the land of Canaan, to where I am bringing you, you shall not do; neither shall you walk in their statutes. (Lev. 18:3)

While men and women are different, both are vulnerable to the trappings of today’s global border-less society. While the danger to family life and society posed by porn-watching by women may not seem as great as that by men, the damage cannot be measured. While the percentage is less than men, statistics show that the great majority of women in secular society today (66% of women polled in the U.K.) are addicted to such evils. (2) It cannot be a coincidence that adultery – women cheating on their husbands or their boyfriends – has become a societal norm. Divorce is so common today; it is the destiny of most marriages in the West.

Whoever argues that this is all within our “rights” as “liberated” people, should see firsthand the children of a home breaking apart: the devastation on their little faces, their little hearts broken as they see their parents – their towering role models and caregivers – tearing each other apart, forming relationships with strangers. Such liberals should work with children, and compare the confidence, emotional integrity, flexibility and academic success of a child raised by both natural parents in a solid, loving home, to that of a child raised by a single parent. What future relationships are children raised by porn-watchers expected to make? What kind of future homes are children who were raised in broken homes, expected to build?

Can anyone argue that a parent has the right to do that to a child? Do we not – as men and women – all bear the responsibility to form healthy habits, to strengthen our moral character, to prevent such tragedy? It begins with whom we will allow to rule over own selves: the animal within us, or our angelic soul, refined by Torah wisdom.

REJECTING THE SAGES MEANS REJECTING HASHEM’S WORD

Whoever imagines to himself that a knowing transgressor is “merely” breaking rabbinical prohibitions, should realize the following: Once a person knowingly, intentionally transgresses the rulings of the Sages, at that point he has begun to transgress the Word of HaShem Himself: We are commanded even in the simple verses of the Torah itself to hearken to the Great Court of ordained judges, and warned not to turn right or left from their decrees.

And you shall come to the priests the Levites and to the judge that will be in those days; And you shall inquire; and they will declare to you the sentence of judgment. And you shall observe to do according to all that they will teach you from that place which HaShem shall choose, and you shall observe to do according to all that they shall teach you. According to the law that they shall teach you, and according to the judgment which they shall tell you, you shall do; you shall not turn aside from the sentence that they will declare unto you, to the right, nor to the left. (Deut. 17:9-11)

RaMBaM discusses the full meaning of these Torah commandments in Sefer Melakhem, hil. Mamrim ch.1.

In summary, by the above words, HaShem Himself established our nation’s judiciary: the “Great Court” or “Sanhedrin” of 70 elders, 71 including Moses. (71 is the official number of seats on the Great Court for all generations.) Their original ordination by Moses is described in Numbers 11:24-25. Thus began the chain of semikhah – Mosaic ordination of Torah judges – and a flow of Divinely-ordained teaching from generation to generation. And it continued uninterrupted for over 1700 years, only to be continued by the non-ordained courts in Babylonia. The classical Sages preserved this great body of wisdom in the Talmudic literature. The most complete and accurate summary of its laws is the RaMBaM’s great code of Jewish Law: the Mishneh Torah.

According to Oral tradition from Moses, the commandment, “and you shall observe to do according to all that they shall teach you” refers even to future ordinances and decrees the Sanhedrin would make in every generation. According to tradition, Leviticus 18:30 is an explicit commandment to the Sages to enact the very rabbinical fence-laws such as discussed in this article: laws to distance the public from breaking HaShem’s Laws. The verse comes after a list of severe Torah crimes on account of which the nation could be destroyed; perverse sexual crimes that cut a person’s soul from eternal bliss. HaShem then gives the following command to the nation’s judiciary:

So you shall safeguard My Charge, so that you will not [come to] do any of these abominable practices which were done before you, and so that you will become defiled through them: I am HaShem your God. (Lev. 18:30)

Even from a common-sense perspective – according to the simple understanding of the verse – this Commandment seems to be aimed at the nation’s judiciary: It is the nation’s judges and lawmakers who are directly responsible for how the law is defined and enforced.

Beyond judicial safeguards (fence-laws), the Bible itself refers to entirely new laws enacted by their predecessors in the days of Ezra – such as the reading of the Scroll of Esther on Purim and the four rabbinical fasts. Moreover, we find that the novel legal additions to Torah practice were enacted by a court of sages staffed by prophets such as Haggai and Zechariah. If such rabbinical additions contradict Torah law, would the prophets of the Bible have remained silent?

With the above examples in mind, God’s Command not to “add” to the Law (Deut 4:2, 13:1) clearly means something else. It means not adding laws in God’s Name – as if HaShem Himself had commanded thus – or to add content to HaShem’s Torah Commandments, such as adding more words to the priestly blessing as it was commanded in the Torah. (Book of Love, Laws of Prayer 14:12 cf. Num. 6:22-27)

There can be no doubt: just as rejecting Moses was tantamount to rejecting God Himself for the Jews coming out of Egypt, so is rejecting rabbinical law to this day. RaMBaM explicitly refers to rabbinical law as an extension of Torah law in hil. Shabboth 26:23.

HOW TO BREAK THESE HABITS

1) Getting Married

How can one break the cycle of sin? How can one break these powerfully addictive, evil habits? By realizing the Torah is a complete system, which works as a whole. A man should not live alone without a wife. For one who has a healthy sexual urge, it is forbidden for him to remain single, even if he already has children! (hil. Ishuth 15:3)

A man is a man under the Torah commandment to “to be fruitful and multiply” from a young age. (hil. Issure Bi’ah 21:24[25]) It is beyond the scope of this article to discuss the exact age, how the system was meant to work, why it is ideal, and how it worked beautifully in reality for thousands of years until the last century. In our society there many stumbling blocks in the way of this ideal. Nevertheless, except for a few extreme cases; if a man is not married by the age of 20, it is considered a sin. (Ibid. 15:1-2)

Another key is realizing God’s patience and underlying care for every human being. If you are 20 or above and unmarried, the point is not for you to feel guilty, but that you realize the importance of what you are missing out on, from the point of view of your Creator.

2) Living in a Torah Community in the Land of Israel

Environment is a major factor. Living in the Diaspora, or even a secular community in Israel, one is flooded with base, licentious, secular media, and immodestly-dressed people who deem themselves to be very “advanced”. One feels like a tzaddiq (a righteous man) just by praying and keeping Shabboth! Living in an observant Jewish community in the Land of Israel makes it easier to live a holy life. Moreover, to live in the Land is no less than an obligation. (hil. Melakhim u-milhhamoth 5:15[12])

A person must always live in the land of Israel, even in a city with a
majority of gentiles; and not live outside the Land, even in a city with a
majority of Jews: For whoever leaves for outside the Land, is like one who serves idolatry, as it is written, “for they have driven me out from being attached to the heritage of HaShem, [as if] to say, ‘Go worship the gods of others!’” [I Samuel 26:19]

This is not merely theory: As a person who lived as a single man both in Israel and abroad, I personally know this to be a fact.

3) Throwing Out the TV

Practically speaking, wherever one lives; if he watches TV or uses a computer without a filter, he is inviting problems. Lest someone imagine that this is only the attitude of the Haredim (the ultra-Orthodox); he should be aware even the key rabbis of the national religious community (such as Rav Mordekhai Eliyahu of blessed memory) have consistently regarded TV and computers without filters to be forbidden. Besides exposing a person to licentiousness, TV watching has been proven in scientific research to lower intelligence in children, (3) and both TV and recreational computer surfing are a pernicious form of wasting valuable Torah learning time. Notably, Torah learning is the classical remedy from ancient times for a person overtaken by the evil inclination. (Ibid. 21:19[19-20])

When today’s rabbis regularly refer to TV and un-filtered internet like idolatry that is forbidden to even keep in our homes (Deut. 7:26), this allegory may be stronger than even they might realize:  Idolatrous imagery – from the ancient world down to present-day India (in example) – has always been characteristically pornographic. When a person rids his home of such images, he fulfills one of the basic reasons for which HaShem forbade keeping idolatrous images in the home.

4) Patience, Positive Thinking, and Prayer

In any case, masturbation and porn-watching can be terribly difficult habits to break. The weaning process can take time. If, in the meantime – despite one’s best efforts – he still stumbles, he must not look at himself as a hopelessly-wicked or disgusting creature. (hil. Teshuvah 3:8) Rather, he should consider the incredible reward he will merit once he, after having tasted sin, turns away from it in full repentance, causing all his previous sins to be erased. (Ibid. 7:4)

He should also remind himself how ultimately rewarding his restraint will prove to be in this world: By channeling his sexual activity exclusively into a present marriage, or saving it for his future marriage (if he is unmarried), he will intensify and lengthen his marital bliss into old age.  If Jewish couples were only to observe HaShem’s Laws – saving their sexual activity exclusively for one another with no other outlet, and having eyes for none but one another – there is no doubt the divorce rate would drop significantly, and our birthrate (critical to maintaining our hold of the Land of Israel) would increase.

We see here that one need not be a mystic to perceive a connection noted by kabbalistic-minded scholars between the brazen spilling of seed, and the dangers to our existence in the Land of Israel. Our nation is ultimately as strong as its family life. For example, our army is made up of its individual soldiers, whose strength is determined, in part, by their faith and their clean self-image. This is, in turn, a reflection of their morality. It is not for nothing that in Biblical times, righteous warriors such as David’s men were careful to remain clean in the field from the ritual impurity caused by seminal emission.  (I Samuel 21:5-6)

Finally, one should pray mightily and sincerely for HaShem’s help in his battle to reclaim his God-given right to holiness. With HaShem’s help, no adversary – neither from within nor from without – can stand in our way.

1) Item found at: The Dennis Prager Store: GENESIS I Chapters 1-6, found at: http://stores.dennisprager.com/

2) Based on a survey of over 1000 readers, published in the April 2, 2009 edition of the U.K. newspaper “The Sun”.

3) “TV ‘stunts kid’s brain growth’” in Health section of the Manchester Evening News, October 03, 2005. http://menmedia.co.uk/manchestereveningnews/news/health/s/176/176353_tv_stunts_kids_brain_growth.htm

Mori Michael Shelomo Bar-Ron

This is the week of TeSawweh (that’s Tetzaveh for the un-initiated in ancient Hebrew pronunciation) – the Torah portion about sacred clothing, the clothing that would distinguish the Kohen-priests, particularly the High Priest, in their sacred duties. It is also the week I was interviewed by Tamar Yonah (a true honor) about the dubious origins and halakhic problems (according to Torah law) with the relatively late, European custom of dressing up in costume for Purim. How fitting it is for me, then, to teach about one of the more poorly-known aspects of Torah: the importance of a distinct, Jewish dress.

Consider one of the fundamental 613 Commandments of the Torah, in Wayyiqra (Lev.) 18:3:

After the doings of the land of Egypt, where you dwelled, you shall not do; and after the doings of the land of Canaan, to where I am bringing you, you shall not do; neither shall you walk in their statutes.

The following is a summary of the Oral Torah (the actual halakhah) on this Divine Commandment from the Mishneh Torah, the Code of Jewish Law (Laws of Idolatry chapter 11:1)

One is not to walk in the statutes of the gentiles, and not to resemble them—not in their dress, and not in their hairstyle, nor in anything else of this sort, as it is written: “neither shall you walk in their statutes.” And it is written, “be careful of yourself, lest you be ensnared after them.” [Deut. 12:30] All this is warning about one thing: That one not resemble them; but rather, that the Israelite be distinguished from them and known in his dress and in his other ways, just as he is distinguished from them in his wisdom and his character. And thus it is written, “and I shall make you distinct from the nations.”

In the miSwath lo-tha`aseh (Torah Prohibition) #30 in Sepher ha-miSwoth, we learn that the prohibition against copying the statutes of the gentiles not only pertains to their present customs, but those of their ancestors as well. Now it is possible that RaMBaM changed his opinion since his youth, when he wrote sefer ha-miSwoth, deliberately leaving this detail out of Mishneh Torah. This way the Hamburg-hatted, frock-coated Hassidim and Lithuanian-style Jews could claim that today they have a distinct Jewish look — certainly now that the Christian clergy have moved on to new modes of dress.

To me, it’s a stretch. I could be mistaken, but I see no reason to fight what seems clear: Jews are not to dress in uniquely gentile dress — neither that of the present, nor that of the past. (Note: Whatever I say about Haredi dress is said with the deepest respect for the Haredim and their [our] fierce dedication to Torah. I am one who personally identifies as a Haredi Jew, living in a Haredi neighborhood with children learning in a fine Haredi institution.)

One friend of mine shared with me an additional insight: The black garbed Polish look and black hats/streimels (and I add to that the modern, tight-fitting Western styles of non-Haredim) make us look foreign to this land. It is hostile clothing to the climate, and we look like aliens, foreign oppressors who don’t belong here, imported from Europe. The Arabs pick up on it, as does as the rest of the world. Noting our non-native styles, they say, “See? These Jews came and stole our land. They don’t belong here – go back to Europe!”

What I believe the nations understand subconsciously, somewhere deep in their souls, is something that pains them greatly: This is not the look (and in many cases not the behavior) of the “kingdom of priests” Israel is supposed to be for us. Barukh HaShem (thank God), I see numerous signs of positive change underway.

How, then, are Jews to ideally dress? Believe it or not, the traditions of our unique dress have not all disappeared. We can still learn them from the Jews of the Orient, very few of whom maintain them to this day. From my own great-great-great grandfather HaRav Yehudah Ha-Levi from Dubrovnik, Serbia, to the senior Hakhamim of Baghdad (below [1]) to the Torah teachers of Yemen: formal-wear for Jewish men varied little.

Among our warriors, the style differed. Below is a photograph of YaHia Habbani of blessed memory, close family to Ya`aqov Mosha (Awad bin Brihim), father of the esteemed Aluf Abir, Mori Yehoshua Sofer shlit”a. The late uncle is dressed in classical Habbani style, which goes back millennia.

The Aluf Abir himself, an expert on ancient clothing of the Near East, once taught me in the name of his father (who is presently well over 100 years old, may HaShem preserve him in good health) that a picture of Arabs 100 years ago would be nearly identical to the way Yishmaelites looked one thousand years ago, and so on back to the times of the Tanakh (Bible). It was no different among his own clan, whose distinguished lineage hails back to the times of Dawidh ha-mmelekh (King David). The style varied per activity, including casual styles such as a very long over-shirt over loose, short white pants — much like the breeches of modern Hassidim. Sometimes the large `tallith was worn as a main garment; among the Habbani warriors it could be wrapped to gird up the entire torso like a rope-belt, criss-crossing the body. [2]

Whatever the style, from the Beth Midrash to the battlefield, across the Middle East, we maintained our distinct dress. If we are to receive the lesson from our ancient Oral legends (midrash), this is a matter of no small importance: It was partly in the merit of our steadfast loyalty to our traditional Hebrew dress, that HaShem redeemed us from Egypt. The sages even ordained a special blessing for us to make each morning specifically when we wrap our heads turban-style: “Blessed are You, HASHEM our God, King of the Universe, who crowns Israel with splendor.” The Babylonian Talmud (tractate Berakhoth 60b) is clear, and so is Mishneh Torah (Book of Love, Laws of Prayer 7:4) the blessing is made when on “puts his sheet [or cloth] on his head”. (Note that both Talmud and Mishneh Torah do mention hats in other places. This blessing appears to be specifically for authentic Israelite headgear.)

Now before you run for your nearest tailor and wager how quickly you are likely to lose your job, your friends, or worse; what is the practical halakhah (Jewish law)? Today, modern dress is standardized all over the world into a basic, universal “human dress”. In our day, most modes of dress that are uniquely gentile, are also outlandish enough to be a Purim costume. Besides that, although we maintained a distinct style, the truth is that Jews though the ages wore what was comfortable to them in their surroundings. My understanding is, according to my training, that for men – on a basic level – so long as one’s clothes are sufficiently modest, the kippah on our head and fringes at our sides give us a clearly unique and distinct look, and satisfy the basic halakhah (practical Jewish law).

However, to my humble understanding (with no disrespect intended towards those who disagree), there may be two common exceptions to this for men: the 3-piece suit and tight pants — particularly tight jeans. Unlike casual suits, the 3-piece suit is a traditional garment also known as the “Sunday’s best.” Reaching its present form in the last century, it appears to have been — in its original cultural ambient — a special garment set aside by the common gentile for weekly, Sunday idol worship. As for tight pants or jeans, unless they are way oversized so that they sag like the ‘gangbanger’ look (which itself may constitute a distinctly gentile style), this is specifically mentioned in Talmud as prohibited to Jewish men. To my reading, RaMBaM had no need to mention this – would it not be included in the general prohibition of imitating gentile customs?!

As for myself, I am personally unsatisfied with the universal “human dress” code; my soul yearns for more. It doesn’t sit well with me that for over 3,000 years our fathers, our great rabbis, prophets and warriors had distinct Jewish dress styles and haircuts that we can comfortably toss aside in favor of the styles of yuppie-ville and the American mall. In a modern Israel where Buddhist monks, nuns, and Ethiopic Christian priests roam freely in their traditional garbs, must I, a Jew, feel confined to styles out of GQ magazine, that are technically permitted?

Now I rarely delve into mysticism in my articles, but I cannot hold back this time. Tefillin [3], by Aryeh Kaplan, is one of the most inspiring books I ever read as a Jew growing into Torah observance, years ago. In it, Rabbi Aryeh Kaplan of blessed memory writes:

Physical space exists only in the physical world. In the spiritual domain, there is no concept of space as we know it.

But still we speak of things being close or far apart in the spiritual world. What does this mean? We cannot be speaking of physical distance, for there is no physical space in the spiritual realm. But in a spiritual sense, closeness involves resemblance. Two things that resemble each other are spiritually close. On the other hand, two things that differ are far apart in a spiritual sense.

It follows that if we desire to be spiritually close and similar to the greatest men of all time, Avraham our forefather, Mosha Rabbenu, Dawidh ha-mmelekh, Rabi `Aqivah and so on, we should resemble them as much as possible. That is, of course, first and foremost in our deeds: how we relate to others, how we pray, how we learn and practice Torah, how we fight. But it is so difficult in a mundane world where we are so categorized, labeled and limited by those around us. Yet, as I explained above, we create our image – the way we are perceived – and invite those labels, to a degree, by the way we dress and cut our hair.

The foremost reason why, in the Haredi world, Jews wear black hats and suits, is the foremost reason I try to dress more Hebrew: They know how much clothes make the man of God. When passing by a thumping disco alone, a young teen wearing a black hat and suit will feel and react differently than a young man in jeans with a half-dollar sized kippah on his head. Dressing more Israelite can have the same effect. The difference is that the black galuth (diaspora) garb subliminally gives him the feeling of a European arrival from 60 years ago, an exiled man in his own land. Carefully ironed, restricting clothes meant for air-conditioned rooms and paved sidewalks give us a different sense of what is natural and what is foreign.

Moreover, as I discussed above, any dress besides our ancestral one fits a certain negative stereotype in the eyes of the nations, to whom we are to be “a kingdom of priests.” Whether it is as small a step as wearing a large `talith while relaxing and working at home, wrapping one’s head for prayer for Morning Prayers when one is alone, or making a bigger change such as growing one’s beard and side-locks, I highly recommend it. Should you choose to put on tephillin (phylacteries) even for a short while outside of prayer to learn some Torah, you are actually fulfilling the Torah commandment to strive to be in tephillin throughout the day. If you are living outside of Israel, just wearing a large kippah to distinguish yourself as a Jew can be an awesome step.

May the day come soon when kohen-priests will daily don their priestly garments in a rebuilt Beth ha-miqdash (Holy Temple) and Yisra’el (the rest of the nation) will don ours for all the wonderful activities there are for us to do in our ancestral heritage. In the meantime, let’s increase our awareness of the Godly type of people our traditional clothing can help us aspire to become.

[1] Photograph from “The Sassoon’s Return Visit to Baghdad: A Diary by Mozelle Sassoon” published in The Scribe: Journal of Babylonian Jewry ISSN 14 74 – 0230, Issue 74 – Autumn 2001, www.thescribe.uk.com. Posted at http://www.dangoor.com/TheScribe_74a.pdf.

[2] Special thanks to the Aluf Abir Mori Yehoshua` Sofer shlit”a for the ethnographic data and photograph.

[3] Kaplan, Aryeh, Tefillin, published by NCSY, distributed by Mesorah Publications, 1975. pp. 42-43

Rosh ha-Shanah and Yom Kippur present us with the opportunity not merely to return to galuth (exile)-Judaism as it is commonly practiced, but to go further, to return to our Berith –our actual Covenant– with HaShem. That means, or course, His sacred laws according to the authentic living Oral instruction, faithfully passed down through the ages, and codified by our Sages of blessed memory.

In this message, I will present teachings of RaMBaM regarding Rosh ha-Shanah, Yom Kippur, and teshuvah (repentance) in general. They are simple and profound, and they enable us to transform the fear and awe we naturally feel on those days into wise, practical action. Then I will explain the dangers of certain widespread customs that have crept into our Orthodoxy, dragging us down for centuries.

THE REAL MEANING OF TESHUVAH AND HOW IT’S DONE

According to the tradition of Rabbenu ha-RaMBaM (hilkhoth teshuvah 3:6), the righteous are inscribed and sealed for life on Rosh HaShanah; while the wicked are inscribed and sealed for destruction on that very day. It is average people, the “beinonim” whose judgment is postponed until Yom ha-Kippurim, when their judgment is sealed. We take the days between Rosh ha-Shanah and Yom ha-Kippurim with great seriousness, and do our best to repent properly because we do not view ourselves as so righteous: Rather, we are to see ourselves at all times as perfect “beinonim”: that our merits and sins balance each other exactly. At any given moment, we are to view our very next act, be it a miSwah or `averah (sin), as the key factor that will tip the scale for ourselves, for our city, for our country, even for the entire world—either to the side of merit and salvation, or the side of destruction. (ibid. 3:8)

Let us be reminded of what teshuvah really means. Its simplicity is so powerful:

ב,ג [ב] ומה היא התשובה–הוא שיעזוב החוטא חטאו, ויסירנו ממחשבתו ויגמור בליבו שלא יעשהו עוד, שנאמר “יעזוב רשע דרכו, ואיש אוון מחשבותיו” (ישעיהו נה,ז).  וכן יתנחם על שעבר, שנאמר “כי אחרי שובי, ניחמתי, ואחרי היוודעי, ספקתי על ירך” (ירמיהו לא,יח); ויעיד עליו יודע תעלומות שלא ישוב לזה החטא לעולם, שנאמר “ולא נאמר עוד אלוהינו, למעשה ידינו–אשר בך, ירוחם יתום” (הושע יד,ד).  וצריך להתוודות בשפתיו, ולומר עניינות אלו שגמר בליבו.

What is teshuvah? It is that the sinner leaves his sin, and removes it from his thoughts, and concludes in his heart not to do it again, as it is written, “Let the wicked abandon is way, the sinful man his thoughts.” (Yisha`ya 55:7). And so he must regret that he sinned, as it is written, “for after I turned back, I regretted; and after I became aware, I struck my thigh.” (Yirmiyahu 31:18). And [even] the ‘One Who Knows all Hidden Things’ can testify that he will not return to that sin ever again… And he must confess verbally, and say these ideas he has concluded in his heart. (hilkhoth teshuvah 2:3 ¹)

Therefore, on Yom Kippur all the piyutim (poetry and songs in the siddur), all the long standing on our feet, all the spiritual feeling, cannot replace the true `avodah (service) of teshuvah that is so necessary. And that is that each person, having examined his or her ways and done real soul-searching, actually goes through the real ‘teshuvah’ process over his or her actual sins. That involves the following three-step confession before HaShem:

א,ב כיצד מתוודה–אומר אנא ה’ חטאתי עוויתי פשעתי לפניך, ועשיתי כך וכך, והרי ניחמתי ובושתי במעשיי, ולעולם איני חוזר לדבר זה.  זה הוא עיקרו של וידוי; וכל המרבה להתוודות ולהאריך בעניין זה, הרי זה משובח.

How does one confess–he says, [1] “Please HaShem, I have sinned, I have transgressed, I have committed crime before you, [2] and I have done such and such, [3] and behold I regret and am ashamed of my actions, [4] and I will never repeat this thing again. (ibid. 1:2)

In other words, after the opening line of confession, we must state what we did (the more we elaborate, the better). We must then feel and express genuine remorse and shame. (Tears are definitely in order.) Finally we utterly conclude in our hearts never to repeat the sin again.

Note that besides the language of the formal confession that we find in Mishneh Torah, there is no necessity for lengthy poetry and song to “convince” HaShem to forgive us. Rather, it is an internal process that we are to go through. When we seriously follow these instructions, we have done our part. According to the severity of what we have done, we may suffer punishment to fully expiate the sin—but we are ultimately forgiven.

Finally, let’s remember that this teshuvah process is not only for the Days of Awe and Yom ha-Din. Rather, it is something that an observant Jew is expected to do any time he sins against the Torah, be it a small matter or great, throughout the year. This may seem too heavy to some people, and that’s sad, because it’s that an immature attitude that prevents them from getting the most out of their life (ibid. 7:2):

ז,ב לעולם יראה אדם את עצמו כאילו הוא נוטה למות, ושמא ימות בשעתו ונמצא עומד בחטאיו; לפיכך ישוב מחטאיו מיד, ולא יאמר כשאזקין אשוב–שמא ימות קודם שיזקין.  הוא ששלמה אומר בחכמתו “בכל עת, יהיו בגדיך לבנים” (קוהלת ט,ח).

A person should always see himself as though he is about to die, and lest he die at that very hour and remain in his sins; therefore let him turn back in repentance from his sins immediately, and not say, “I’ll repent when I’m older”—lest he die before he becomes older. This is what Shelomo, in his wisdom, said: “At every time, let your clothes be white” (Qoheleth 9:8)

The worst thing is for a person to feel so far gone, so depraved, that he cannot come back to HaShem. Consider the RaMBaM’s teachings on this:

התשובה מקרבת את הרחוקים:  אמש היה זה שנוי לפני המקום, משוקץ ומרוחק ותועבה; והיום הוא אהוב ונחמד, קרוב וידיד…  אמש היה זה מובדל מה’ אלוהי ישראל, שנאמר “עוונותיכם, היו מבדילים, ביניכם, לבין אלוהיכם” (ישעיהו נט,ב).  צועק ואינו נענה, שנאמר “גם כי תרבו תפילה, אינני שומע” (ישעיהו א,טו).  ועושה מצוות וטורפין אותן בפניו, שנאמר “מי ביקש זאת מידכם, רמוס חצריי” (ישעיהו א,יב), “מי גם בכם ויסגור דלתיים” (מלאכי א,י), “עולותיכם ספו על זבחיכם, ואכלו בשר” (ירמיהו ז,כא).  והיום הוא מודבק בשכינה, שנאמר “ואתם, הדבקים, בה’, אלוהיכם” (דברים ד,ד).  צועק ונענה מיד, שנאמר “והיה טרם יקראו, ואני אענה” (ישעיהו סה,כד).  ועושה מצוות ומקבלין אותן בנחת ושמחה, שנאמר “כי כבר, רצה האלוהים את מעשיך” (קוהלת ט,ז).  ולא עוד אלא שמתאווים להם, שנאמר “וערבה, לה’, מנחת יהודה, וירושלים–כימי עולם, וכשנים קדמונייות” (מלאכי ג,ד). (הל’ תשובה ז-ח)

Teshuvah brings near those who are far. Yesterday, he was hated before G-d, despicable and abominable; and today he is beloved and dear, close and a friend… Yesterday he was separated from HaShem G-d of Yisra’el… He would cry out and he wasn’t answered… He would do miSwoth, and they would be torn up in front of him… And today he is attached to the Shekhinah [the Divine Presence]… He does miSwoth and they are accepted with grace and joy… and not only that, but they are greatly desired… (ibid. 7:7-8)

Complete teshuvah requires not only repentance on the part of the individual, but on the part of the nation. Part of cleaning up our own house, the great House of Israel, entails looking beyond the religion as it developed (deteriorated) in ‘galuth’ (exile), to Torath Moshe, our actual ‘Berith’ (Covenant) with the Master of the Universe. And that requires looking honestly at the customs we’ve accumulated of dubious origin.

This year I want to take no chances that people be left unaware of two corrupt customs that have crept into our practice of Rosh HaShanah and Yom ha-Kippurim over the centuries.

PRAYING FOR SUSTENANCE IN THE NAME OF A FOREIGN GOD

Please beware of a frightening custom that has crept into “Orthodox” practice, and spread to nearly every ethnic community of the Jewish People I am aware of: the ‘tefillah la-parnasah’ (prayer for sustenance) before the open ark, in the “merit” of a secret name, whose meaning I will soon reveal. Being the name is not remotely Hebrew, but clearly Spanish, this custom clearly crept into Jewish practice in pre-Inquisition Spain, during the well-documented partnership between pseudo-mequbalim (pseudo-Kabbalists) and the Christian church.

(The following sources are taken from those quoted in Prof. Rabbi Jose Faur’s work, “A Crisis of Categories: Kabbalah and the Rise of Apostasy in Spain.” pp.31 While I do not identify with all the views of the author, some of which I find extreme and unbalanced, the sources he quotes from are greatly important.  Namely, I do not share Rabbi Faur’s blanket attack on mystical kabbalah.  I believe that both confirmed rationalists and mystics see important sides of the same coin.  It is the extremists on both sides of the divide who refuse to consider the other side who frighten me.)

One example of this wicked partnership is seen in the letter written by Rav David Qamhi to Rav Yehudah al-Fakhkhar (d. 1235), the leader of the anti-Maimonideans in Toledo. One of the greatest Hakhamim in Western Europe at the time, he reported on Rav Yonah’s instigation of the burning of RaMBaM’s Book of Knowledge and Guide to the Perplexed. (It must be noted that Rav Yonah spent years in devout teshuvah for evil he’d done. His later remorse is reportedly the inspiration behind his work, “Sha`arei Teshuvah”.) Rav Qamhi wrote:

…he [Rav Yonah] is evil and unlearned…. And became an informer and an enemy collaborator. Because when he realized that the Rabbis in France had rejected him and regarded him as an unlearned person… he turned to the graven images and idol worshipers [i.e. the Church], and implored of them and they consented to help him since he was denouncing the Jews. First he went to the Franciscans telling them: ‘Look, most of our people are heretics and unbelievers, because they were duped by Rav Moshe of Egypt [Maimonides] who wrote heretical books. You exterminate your heretics, exterminate also ours!” Thereafter they ordered to burn those books, which were the Book of Knowledge and the Guide. His uncircumcised heart, however, did not rest until he also told the same words to the Dominicans and the clergy…

This relationship between the church and pseudo-Kabbalists appears to have gone beyond book-burning: The idolatrous concepts of shi`tuf and deification of abstract concepts—hallmarks of Christianity—found their way into “Jewish” thought. The famous mequbal Rav Avraham Abul`afya (1240-1291) remarked:

Accordingly, let me inform you, that the masters of mysticism [and] the sefirot thought to profess the unity of G-d, and escape the doctrine of trinitarianism, and [in fact] they made him ten. In the same fashion that the gentiles say, “He is three and the three are one,” some masters of mysticism say that the divinity is ten sefirot and the ten are one.

Certain quacks from Ashkenzic mystical circles (whose ideas were adopted by mystical quacks from Sefaradi circles) came to believe that the trinity itself represents the truest form of monotheism, Has wa-Shalom (G-d forbid). Rav Solomon ibn Verga (d. ca. 1520) reported on this apostasy, quoting one of their polemics:

But the trinity is not polytheism but simple monotheism to those who understand. And I saw three great men from the Ashkenazic sages and I learned from them in the books of mysticism, and I saw how from there it becomes evident how the trinity is monotheism….

So it should not be too great a surprise that in the ‘tephillah la-parnasah’ (prayer for sustenance) found in about every High Holiday maHzor (prayer book) —Ashkenazi, Sepharadi, even neo-Yemenite— people are praying for sustenance for the coming year in the name of DICARNOSA. Look it up in your maHzor—it’s almost certainly there.  (In some Sefardic siddurim it appears as an optional prayer that may be inserted daily in the Amidah, the standing prayer.)  Now note how the Artscroll siddur instructs you NOT TO SAY THE NAME, just to scan it with the eyes… Since the most sacred Name of HaShem, Y-H-W-H, may not be pronounced except by the High Priest on Yom Kippur in a functioning Holy Temple, most Jews don’t see anything abnormal here.

However, anyone who speaks a Latin-based language would be amazed to consider the meaning:  

*  “Di”, is identical to the Latin “deo”, or in English, “deity”–meaning “God”.

*  “Carne” is Spanish for meat or flesh, to this day. It is the root of the word “carnivore”—a meat-eater.

*  The suffix “-oso” marks “carne” as an adjective, so that it means “meaty”, “fleshy”, or “corpulent.”   This is clear when you see the same suffix in other common Spanish adjectives that end in “oso” or “osa”, such as in “maravilloso” (marvelous), or “delicisioso” (delicious).

In other words, in simple Spanish, DI-CARNOSA simply means, “God in the flesh”.

– The religion that teaches how God Almighty became flesh and lived on earth as a physical man, of course, is Christianity.

– It is the same religion whose tentacles penetrated penetrated European Jewish scholarship, censoring the sacred Oral Torah literature, namely the Talmud and Mishneh Torah. This is well known.  (Besides removing negative references to Jesus, the Church’s agents — usually Jewish scholars who converted — ensured that laws offensive to Christians would become worded as “`ovde kokhavim u-mazaloth”  — star worshippers — removing Christianity from a negative light.)  It is the

– It is the same religion that influenced the spiritual doctrines taught by corrupted Jewish scholars in Spain and France, as we see above.  That is why those who maintained the ancient mutsa`arab prayer tradition — namely Jews of the Andalusian and old Yemenite schools — never recited this prayer of the Franco-Northern Spanish Jews.

All evidence points to DI-CARNOSA being another name for Jesus.

Nearly all evidence, that is.  In fairness to the brilliant scholar, it must be noted that Rabbi Faur understands “Dicarnosa” to be a form of “Dea Cornosa”, meaning “fleshy goddess” in Spanish.  His logic is as follows:  Latin for god is “deus”, not “deo”.  Hence Mozart’s middle name “Amadeus”.  Pre-Christian fertility/grain goddesses were often portrayed as corpulent women.  Therefore he understands “corpulent goddess” to be the origin of the name of the foreign divinity in the prayer for sustenance.

However, considering that this practice hails from the lands where Jews were so greatly intimidated, pressured, scrutinized, and influenced by the powerful Catholic church — and not by pre-Christian pagan cultists — I believe it is “God in the flesh” that penetrated the siddur: not “corpulent goddess.”  

In truth, it makes no difference whatsoever.  Is one of the above possibilities preferable over the other??

Please don’t say this prayer. Besides the well-known, recorded invasion of Christian theology into certain quack rabbinical, mystical circles; it appears nowhere throughout the whole breadth of the Written Torah [Bible] and Oral Torah literature. Even if you still have a doubt — insisting on believing in all innocence that this must be a “sacred Name” that somehow sounds just like “God in the flesh” or “corpulent goddess” — this is no matter on which to be lenient. We’re talking about unwittingly praying to HaShem in the name of a foreign deity.

May HaShem bless Israel with a year of prosperity—but if He does, it will certainly not be in the merit of a name from idolatry. In fact, according to the Rambam, we are not to make special requests for anything on Shabboth and Haggim, outside the prayers instituted by Haza”l (the Talmudic Sages), except for specific, dire emergency situations.

THE CUSTOM OF KAPPAROTH

Another frightening custom, called “kapparoth” is practiced in all innocence by the bulk of the Charedi Jewish world on the eve of Yom Kippur. And they have no clue where it comes from. It is a custom that was repeatedly branded by ruling sages of Israel between the 9^th and 16^th centuries as “the way of the Amorite”, a custom that must be stopped. (This does not mean it was necessarily a tradition from the ancient Amorites; “way of the Amorite” refers to a custom with roots in idolatry.)  Note that I teach this as someone who identifies as Haredi, living comfortably in a Haredi neighborhood. There is nothing hidden about these issues; they are discussed in books studied by all. Consider the teachings of the AHaronim (latter-day sages) on this matter ²:

The following is a quote from commentary of the Beth Yoseph (HaRav Yoseph Karo, zSq”l) on the Tur (written by the grandson of the Rabbenu Asher, “The Rosh”):

יש מקומות שנוהגים לשחוט תרנגול לכפרה וכן יש בתשובת הגאונים המורדכי  ב-מס’ יומא כתב “המנהג הזה וכל מ”שכתוב בסימן זה, הוא בפסקי הראש למס’ יומא” וקצתו למורדכי ומנהג זה כתוב “גם בתשב”ץ וכ’ שם שננוהגים ליקח תרנגול לזכר ותרנגולת לנקבה:  והרשב”א כתב בתשובה בעניין הכפרה שעושין לנערי’ בעי”ה מנהג זה פשוט בערינו אפ על פי ששמעתי מאנשים הגונים מאשכנז שכל ארצם עושים כן.  וגם שמעתי שנשאל רבינו האיי ואמר שכן נהגו עכז’ מנעתי מנהג זה מערינו. וכתוב בא”ח שהרמב”ן אוסרו משום דרכי האמורי.

There are places where they are accustomed to slaughtering a rooster as kapparah [an atonement], and there is a responsum of the Gaonim “The Mordekhite” on tractate Yoma… And the Rashb”a wrote in a responsum on the subject of kapparoth that they do it for children in the holy city [or 'our holy cities']. This custom is spread out throughout our [Spanish] cities, even though I heard from decent men from Germany that all their land does so [too]. And I also heard that it was asked to Rabbenu Hayye [the Gaon], and he said that “this is how they practiced; even so, I have stopped this custom from our cities.” And it is written in the OraH Hayim that the Ramban [Nachmanides] forbade it because [it is one of] the ways of the Amorite.

Note that Rav Hayye Gaon was such a pillar of ancient tradition, that his rulings reached the Spain of HaRav Shmuel haNaggid, and the students of the Rav YiS’Haq Alfasi (the Ri”f), who sent him their queries. When Rabbenu ha-Rambam only heard from sages in the Land of Israel who had seen the t:phillin of Rabbenu Hayye Gaon, he ruled against even his own father’s tradition, the prevailing practice in his times, regarding the preparation of skins for the parchments of tephillin and mezuzoth. In our times today, a noted scholar on the ancient traditions of EreS Yisra’el, HaRav Dawidh Bar Hayim of Makhon Shilo, hails Rabbenu Hayye Gaon as the greatest authority on the pure ancient traditions of EreS Yisrael (the Land of Israel). This Gaon used his power to utterly stop the custom’ of kapparoth in Bavel (Iraq). Likewise, Ramba”n, himself the recognized leader of Spanish Jewry in his day (and quite a mystic and astrologer, I might add) forbade it, declaring it to be an idolatrous custom.

In case Rav Karo’s words still seem a little ‘parve’ (neutral) in the Tur, merely citing various sources, he gives a definitive ruling in the ShulHan ‘Arukh (OraH Hayim, siman tow-resh-heh–705):

מה שנוהגים לעשות כפרה בערב יום כיפורים לשחוט תרנגול על כל בן ולומר עליו פסוקים, יש למנוע המנהג.

What is customarily practiced on the eve of Yom Kippur to slaughter a rooster over every son, and recite verses over it, this custom should be stopped.

There are various later opinions that permit the custom, hailing the custom as ancient and beautiful, claiming it is idolatrous only if done in a particular way.

The mainly Chassidim and Sefaradim (how ironic) who hold on to this custom claim it is not performed as a ‘sacrifice’, but that’s not so simple.  Even in HaRav Moshe Isserles’ gloss on Rav Karo’s words, he explains how one his to lean his hands on the bird, ‘demuth qorban’—for “the appearance of a sacrifice” and after the slaughtering one throws/sprinkles the innards (comparable to the sprinkling of blood). Even the Mishneh Berurah admits that there are those who forbid leaning one’s hands on the bird beforehand, since it has the appearance of offering sacrifices and slaughtering outside the Temple (see the M”B note on 705:8). Other sages who wrote about the importance of the custom in their eyes (such as the Ari ha-qadosh) taught that one must intend that he should see the rooster as a replacement for himself; that he is personally worthy of the four death penalties of the Torah. This is, of course, a qawanah (intention) fitting of a sin-offering. Consider Ramban’s powerful argument with RaMBaM over the true purpose and meaning behind sacrifice (I personally find the Ramban’s reasoning here far more convincing):

צוה השם כי כאשר יחטא ויביא קרבן יסמוך ידיו עליו כנגד המעשה, ויתודה בפיו כנגד הדיבור, וישרוף באש הקרב והכליות שהם כלי המחשבה והתאוה, והכרעים כנגד דמו בנפשו כדי שיחשוב אדם בעשותו כל אלה כי חטא לאלהיו בגופו ובנפשו, וראוי לו שישפוך דמו וישרף גופו לולא חסד הבורא שלקח ממנו תמורה וכופר הקרבן הזה שיהא דמו תחת דמו, נפש תחת נפש, וראשי אברי הקרבן כנגד ראשי אבריו… (רמב”ן על ויקרא 1:9, חלק הראשון)

HaShem Commanded that when one sins, he shall bring an offering, lean his hands on it according to his [wicked] deed, and confess orally… in order that man should think in doing all this that he sinned to G-d with his body and soul, and it would be fitting for his blood to be spilled and for his body to be burned—were it not for the kindness of the Creator who took from a substitute and this ransom offering; that it be its blood instead of his blood, a life for a life, and its body parts for his body parts… (Ramba”n on Wayiqra 1:9)

That is true Jewish sacrifice. Now consider the traditional recitation of Kapparoth (taken from the The Complete Artscroll Machzor Yom Kippur, Rabbi Nosson Scherman, Messorah Publications ltd. 1986). The comparison should make practicing Kapparoth-swingers very concerned:

זה חליפתי, זה תמורתי, זה כפרתי. זה התרנגול ילך למיתה. [זה הכסף ילך לצדקה.] ואני אכנס ואלך לחיים טובים ארוכים ולשלום.

This is my exchange, this is my substitute, this is my atonement. This rooster will go to its death [this money will go to charity] while I will enter and proceed to a good long life, and to peace.

As we see above, in an attempt to avoid the idolatrous element, many Jews use coins for kapparoth instead of fowl. Many Orthodox Jews, Barukh HaShem, avoid it altogether, and this is the practice of most traditional Yemenite Jews, who never had such a custom to begin with. What upsets me, is how the “commentators” (nos’e kelim) on the page of a modern ShulHan `Arukh—whose aim should be to clarify the words of the sage; not to neutralize them when they conflict with their own customs—will not even allow the warnings of Rav Karo, the Ramba”n and HaRav Hayye Gaon to put a doubt in their heart as to the ‘kashruth’ of their custom.

There are a few rabbinical figures who put forth alternative explanations as to what is the “way of the Amorite”; others don’t even bother—they plainly direct the masses to do kapparoth. Now following idolatrous customs is a severe Torah prohibition, a miSwath lo-tha`aseh (a “don’t do” Commandment). We should all know that even in a case of doubt; regarding a Torah Commandment, we must be strict. Isn’t there room here for a little fear of Heaven?

What great mystical effect can people be having on the Heavenly scales on the eve of the awesome Day of Judgment, swinging chickens or money around people, paying no attention to the warnings of some of the greatest sages of post-Temple history…? I understand their values and priorities to be far away from what they should be. Our history remembers an anointed king of a united Kingdom of Yisra’el who lost his dynasty over a similar blunder:

Rather than slaughter the sheep and cattle of `Amaleq (Amalek) per the Commandment of HaShem through Shemu’el (the prophet Samuel), King Shaul (Saul) spared the best of them to be given up as a sacrifice. In other words, he reasoned that he could serve HaShem by transgressing His commandment,,, How fitting to remember his lesson on the week we read the Commandment to remember `Amaleq… These are the words the prophet answered him: words that should echo in our ears forever (1 Shemu’el 15):

Pay attention to the next verse, where we learn that transgressing the laws of sacrifice puts us in the realm of idolatry

Consider how lack of fear for the parameters of proper sacrifice, and failure to obey HaShem‘s Word spelled the end of Shaul’s throne: Accordingly, our Torah leadership today must fear the end of their own ‘reign’ in our day, and help restore us to the proper path.

A clear line of comparison between Shaul and contemporary Torah leaders is the role of public pressure:

So too today: the main argument repeated throughout the commentaries that surround the ShulHan `Arukh today, defending kapparoth, is how popularly widespread and old the custom is—as if that should make a difference… as if old-time idolatrous customs, having had centuries to spread across the Jewish world, have preference over modern ones. It is high time someone admits there is at the very least a ‘sapheq issur de’oraitha’ (a doubt regarding a Torah prohibition) and stands up for Torath Moshe against the stream.

However, although HaShem rejected him as king, Shemu’el agreed to honor the king before the people and the elders. How much more so should we show respect for the only Torah leadership there is until the rise of a true Sanhedrin, may it be speedily in our days:

It is we, the People of Israel, who wickedly demanded a king in order to be like the other nations. HaShem begrudgingly acquiesced. Perhaps if we just begin to clean up house in true teshuvah, to begin the difficult return en masse to authentic Torath Moshe, ready to leave corrupt customs and secular beliefs behind, and demand a king who will remove the bad influence of idolatry on us, who will elevate us to our unique priestly role in the world… A king who will implement the laws of Torah and not fail to wipe out `Amaleq… It might only be then that HaShem will agree, and our mashiaH (messiah-king) will finally be revealed, and the memory of `Amaleq truly wiped out forever.

CONCLUSION

The above are clear examples of how much teshuvah not only we need to do as Jews, but how much Judaism itself must do ‘teshuvah’ to ‘Torath Moshe’, our pure tradition.

For the individual and for the nation, no teshuvah is complete without dedicating ourselves to learning the ‘halakhah’ (Law) properly. It is high time we dedicate ourselves to the study of Mishneh Torah of Rav Moshe ben Maimon in order to fulfill the Law of our Creator, our Father, our King—His unfathomable Oneness.

With Torah Blessings and hope for a safe, healthy year and the defeat of HaShem’s enemies,

Michael Shelomo Bar-Ron, Beith Midrash Ohel Moshe

(A new article based on his articles O”M 32 and O’M 34 of the original Ohel Moshe series)

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¹ Quotes from Bible and Mishneh Torah in this article were copied from the authentic Yemenite manuscript edition posted on www.mechon-mamre.org.  The English translations in my articles are original. The Bible translations often bear influence and borrowings from the JPS Bible based on the electronic text (c) by Larry Nelson, and the The Living Torah: The Five Books of Moses by Rabbi Aryeh Kaplan, Maznaim Publishing Corporation, New York, 647 pp.

² Sources from the AHaronim were taken from the standard ShulHan `Arukh series Sefer Maghinei EreS: ShulHan `Arukh OraH Hayyim, part three, Brukhman Barukh Inc. 1995, Jerusalem.

FROM THE DAYS OF AVRAHAM UNTIL TODAY

Beth Avraham, the house of Avraham, was a flowering Noahide community.  It was a camp of numerous families of servants and students of the prophet-warlord (Avraham), that must have spread out over a sizeable area.  Surely there were young girls among those families of “ba`alei teshuvah” (returnees to the observance of HaShem‘s commandments) for YiS’Haq to marry.  Yet, incomprehensibly, Avraham had his eyes set on the family he had left behind in Aram Naharayim, who remained with their idolatry and teraphim (which were the product of child sacrifice [murder] according to Sepher ha-yashar).   If Lavan’s behavior is indicative of the values (or lack thereof) of the degenerate family Avraham left behind, they would be no strangers to lying, cheating and theft. 

What then did he see in them?  What  was there in Aram that convinced Avraham that the root of his dynasty could only be found there?  And why is it that, in the same Torah that sums up phases of several decades in the lives of great men in few words, this story is described in vivid detail?  What eternal message does it have for us?

In perspective of all the stories of Lavan, from Avraham’s time to Ya`aqov (Jacob), it becomes clear that the house of Bethuel was a home in which women were not only cared for and protected, but respected as intelligent human beings. 

First, note how Eli`ezer (Avraham’s faithful servant) tells the story of his mission and its miraculous fulfillment to the household of Bethuel (hoping to impress them that the match was clearly from Heaven).  One of the small changes he makes to the story is as follows: 

Before he left, Avraham had told him as follows (B’reshith [Genesis] Chapter 24)¹: 

Avraham knew that his brother’s family would not arrange a marriage for their daughter without her consent.  Eli`ezer, however, expecting a different attitude from the house of Bethuel, related Avraham’s words differently to them:

On the contrary, the family’s nobility in this regard (which again, must have been known to Avraham) comes out loud and clear.  The elders in the family are even willing to put the whole transaction in jeopardy (and this was an agreement that would bring them considerable wealth) in order to keep her home for just another year.  Ultimately, when Eli`ezer presses them, they leave the matter to the girl’s own decision:

Here we see that Rivqah’s intelligence was respected: she was not being treated as a mere object to be married off.  Their parting blessing to her also carries the message of their high regard and hopes for her:

This pattern holds true even through later in the story of RaHel (Rachel) and Leah, and it puts the stormy relationship between Lavan and Ya`aqov in an interesting light:  Pushing Leah into marriage with Ya`aqov might well have been Lavan’s way of saving her from the fate of marrying the wild and G-dless `Esau.  When Lavan pursues and overtakes Ya`aqov in his flight homeward, consider the opening words of Lavan’s scourging attack, and then his parting message to Ya`aqov:

 Blind to his own selfishness and unfairness, Lavan sees in Ya`aqov’s action his worst nightmare: his daughters being carried off as captives of war.  He is deeply emotional about losing them.  Yet, despite his character flaws, I believe that his zealous caring for them is the very quality that made his home the root of the nascent Hebrew nation. 

In order to appreciate how rare that must have been in those times, consider how latent and widespread child abuse is today, in a world infused on certain level with basic Torah values, however diluted, through Christianity and Islam. (The RaMBaM’s teaching regarding the temporary role these two religions are playing in HaShem’s world can be found in ‘hilkhoth Shof’`tim’ [Laws of Judges] 11:11).  One can only imagine how rampant child abuse of every kind was in those times, especially abuse of girls.  To this day, there are traditional societies in which girls are still viewed chiefly as objects of family wealth to married off for a good bride price.

Attitudes such as these do not end with the perpetrators; they are passed on to the victims:  Modern statistics show that children who were abused themselves are far more likely to abuse their own offspring.  Perhaps that is the reason Avraham couldn’t entrust his beloved son to a girl from the families he had converted to the Torah of NoaH and Shem.  In a world where life for most women was “poor, nasty, brutish and short”³ the house of NaHor would have been a special exception.  

This message couldn’t be more critical in our own homes in these times.  In a world culture in open revolt against traditional values, women are objectified in the worst ways.  On the opposite extreme, Orthodox Jewry, seeing the clear dangers in modern feminism, must be very careful about the honor of our wives and daughters as intelligent human beings.  In this regard, loyal students of the Rambam have reason to take great pride in our authentic tradition: In the Mishneh Torah, our heritage of respect for women is no less than codified Law.      

The myth that RaMBaM condoned wife-beating must be done away with.  It is nonsense and a dangerous misunderstanding.  Just as there are instances in which a cruel husband might deserve to be punished with stripes by a court of law, so can a woman in other instances.  However, this can only be in the context of an ordained court, and there is none in our generation.  Never is a husband allowed to strike his wife, G-d forbid!  One need only skim the pertaining laws in hilkhoth Hovel u-maziq (Laws of Injury and Damages) to see an entire system of punishment in place for one who as much as pushes, kicks, or insults another person—no distinction is made between men and women.  In fact, to prevent marital abuse, the sages forbade us to give our daughters in marriage to ignoramuses:

כט  )לב( …ולא ישיא בתו לעם הארץ שכל הנותן בתו לעם הארץ כמי שכפתה ונתנה לפני הארי  מכה ובועל ואין לו בושת פנים.  ולעולם ימכור אדם כל מה שיש לו ויישא בת תלמיד חכמים שאם מת או גלה בניו תלמידי חכמים וכן ישיא בתו לתלמיד חכמים שאין דבר מגונה ולא מריבה בביתו של תלמיד חכמים.

…A man may not marry his daughter to a simpleton, for whoever gives his daughter to a simpleton is like one who binds her and feeds her to the lion:  he strikes [her] and then has sexual relations, and he has no shame.   A person must always [be ready to] sell all he has in order to marry the daughter of a Torah scholar [lit. “a student of the Sages]… And likewise one must marry his daughter to a Torah scholar, for there is nothing improper and no quarreling in the home of a Torah scholar.   –Hilkhoth Biah 21:29 (32)

One key ingredient of that peace in the home is honoring one’s wife (and her honoring her husband as well, of course).  Again, a wife’s honor isn’t an ideal by us; it is law.

יט  וכן ציוו חכמים שיהיה אדם מכבד את אשתו יותר מגופו ואוהבה כגופו ואם יש לו ממון מרבה בטובתה כפי הממון.  ולא יטיל עליה אימה יתרה ויהיה דיבורו עימה בנחת ולא יהיה עצב ולא רוגז.

Likewise, the Sages commanded that a man honor his wife more than himself, and love her has himself.  If he has money, he must increase his provision for her according to her needs.  He must not cause her unnecessary fear.  He should speak gently with her and not be depressed    or angry. (hilkhoth Ishuth 15:19)

The list of supporting sources and quotes goes on and on, and could well be the subject of a whole book. 

  It is clear from Laws of Foundations of Torah 4:21, that RaMBaM viewed the study of halakhah (Jewish Law) by both men and women as an ideal.   Unfortunately, quotes that are (mis)understood out of context upset people needlessly:  In the laws of idolatry, when women are included among the simple folk who tend to believe in magic and superstition, this is not a statement regarding women’s abilities or potential, G-d forbid.  Rather, it is a description of the reality in the RaMBaM’s day.  What offended people don’t realize is that RaMBaM’s opinion of the men of his time was not much higher.  In hilkhoth De`oth 6:2, he makes it clear that, “bizmanenu zeh” –”in our times”, no place in the world he knew of was on the proper path.  He was referring to Jewish communities the world over, which were generally run, of course, by men.   

I will end with the most vivid example of the positive legacy of the house of NaHor.  It remains to this day as codified law in Mishneh Torah and it is an echo of our ancestor’s covenant with Lavan: 

ו  לפיכך ציוו חכמים שלא יישא אדם יותר על ארבע נשים אף על פי שיש לו ממון הרבה כדי שתגיע להן עונה פעם אחת בחודש.

Therefore, the Sages decreed that a man not marry more than four wives even if he has a lot of money, in order that they might enjoy the marital obligation [at least] once a month.  (hilkhoth Ishuth 14:6)

In the merit of our zealous love and honor of our wives and daughters, may we be blessed with success in raising a new generation that will be redeemed as the generation that left Egypt: in the merit of righteous women.

Written by Michael Shelomo Bar-Ron, Beith Midrash Ohel Moshe

Based on his article O”M 6 of the original Ohel Moshe series, parashath Hayye Sarah 5767

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¹ Quotes from Bible are according to the authentic Yemenite manuscript edition posted on www.mechon-mamre.org.  The English translations in my articles are original.  The Bible translations often bear influence and occasional borrowings from the JPS Bible based on the electronic text (c) by Larry Nelson, and the The Living Torah: The Five Books of Moses by Rabbi Aryeh Kaplan, Maznaim Publishing Corporation, New York, 647 pp.

 ²  Quotes from Mishneh Torah, Mishnah and Talmud are manually copied from the authentic editions posted on www.mechon-mamre.org, without use of their unique punctuation (providing a commentary) or hyperlinks.  The English translations are original. 

³  Borrowed from the words of Thomas Hobbes, written in another context.  From Wikipedia article on Thomas Hobbes  http://en.wikipedia.org/wiki/Thomas_Hobbes