web analytics
May 25, 2013 /16 Sivan, 5773
At a Glance

Posts Tagged ‘Shulchan Aruch’

Rabbi Riskin Permits Women to Read Ruth for Men in Orthodox Shul

Tuesday, May 14th, 2013

Tomorrow, on the holiday of Shavuot, in one of the synagogues of the town of Efrat in Judea and Samaria, two women will come up to read the Megillah of Ruth as both the men and women of the shul will be listening. This will not be taking place in a Reform or even Conservative synagogue, but in the Zemer Hazayit Orthodox synagogue of the town’s most prominent rabbi, who is one of its founders, Rabbi Shlomo Riskin.

“The initiative for the Megillah reading by women began with a constraint,” Dina Mann, one of the two Shavuot readers, told Maariv. Last Purim, the shul was looking for a man to read the Esther Megillah, and when none was found, the women of the community, many of whom have been reading the Esther Megillah for women for years, posed an halachic query to Rabbi Riskin, asking if they could read Esther in the absence of a qualified man.

The Efrat Rabbi answered that while men cannot keep the mitzvah of hearing the Esther Megillah by listening to a woman’s reading, it would be allowable with other megillahs (Ecclesiastics, Song of Songs, Ruth and Lamentations).

“One of the principles of our synagogue is the integration of women within the framework of halacha,” Mann said, “under the guidance and decisions of Rabbi Shlomo Riskin.”

“This point is deeply ingrained in the core idea of our synagogue,” she added.

The women will be reading the Megillah from the women’s section.

Mann said she expected the men of the synagogue to be very accepting of the new custom.

Rabbi Riskin told Maariv that he sees no problem in women’s reading behind a mechitzah. He said that the only reason he had not allowed women’s reading of the Esther Megillah had to do with the fact that some Ashkenazi rabbis are explicitly against it – while the Sephardim support it.

The Shulchan Aruch follows the Gemara Megillah in stating that it is permitted for women to go up to the Torah—which included reading allowed one’s assigned portion—but at the same time discourages actually letting them fulfill the mitzvah because it might offend the congregation.

It appears that Rabbi Riskin’s congregation is not easily offended.

When One Forgets To Say Vesein Tal U’matar

Wednesday, December 5th, 2012

The Jews living outside Eretz Yisrael began reciting vesein tal u’matar in the Shemoneh Esrei this week. If one does not say vesein tal u’matar (instead continuing to say “vesein berachah”) and finishes the Shemoneh Esrei, he must repeat the Shemoneh Esrei. If one accidentally does not daven at all, he must daven two Shemoneh Esreis during the following tefillah. If one did not say vesein tal u’matar and finished davening and only remembers this fact at the time of the next tefillah, he must daven two Shemoneh Esreis at the next tefillah.

If one does not recite ya’aleh veyavo during Shacharis and only remembers to do so during Minchah, he must daven two Shemoneh Esreis during Minchah. Tosafos, in Berachos 26b, says that if one forgets to say ya’aleh veyavo at Minchah on Rosh Chodesh or on any other day that we recite ya’aleh veyavo, he does not repeat Shemoneh Esrei during Ma’ariv. This is because at Ma’ariv he can no longer say ya’aleh veyavo since Rosh Chodesh is over, and he already davened the 19 berachos of Shemoneh Esrei. As the only reason why he would repeat the Shemoneh Esrei would be to say ya’aleh veyavo, he should not repeat the Shemoneh Esrei at all since he cannot recite ya’aleh veyavo during Ma’ariv (which is the next day).

Reb Chaim Soloveitchik (stensils 1) says that the halacha of Tosafos does not apply to one who forgets to recite vesein tal u’matar on Friday by Minchah. For even though he will not be able to say vesein tal u’matar by Ma’ariv (since it is Shabbos), he must nevertheless repeat the Shemoneh Esrei. He explains that this is because when one fails to say vesein tal u’matar it is different than when one does not recite ya’aleh veyavo. Even if one forgets to say ya’aleh veyavo, he has fulfilled his obligation in davening – except that he lacks having recited an external prayer, namely ya’aleh veyavo.

On the other hand, when one fails to mention vesein tal u’matar he lacks having said the actual berachah of “bareich aleinu” and has therefore not fulfilled his obligation in davening. Vesein tal u’matar is not an external prayer that we insert into the Shemoneh Esrei; rather, it is part of the actual berachah. So when one does not say it he has not fulfilled his obligation in davening and it is as if he had not davened at all. As a result he must daven two Shemoneh Esreis at Ma’ariv on Shabbos, even though he will not be reciting vesein tal u’matar in those Shemoneh Esreis.

Many have asked the following question on Reb Chaim’s halacha: The Gemara in Berachos 29a says that if one does not mention vesein tal u’matar in its proper place (in “bareich aleinu…”) he can say it in “…shomeia tefillah.” The halacha follows this Gemara, as it is found in Shulchan Aruch Orach Chaim 117:5. If vesein tal u’matar is indeed part of the actual berachah of “bareich aleinu,” how can one say it in a different berachah?

If one only remembers that he forgot to mention vesein tal u’matar after he has already passed the berachah of “shomeia tefillah” but before he has finished Shemoneh Esrei, there is a machlokes Rishonim as to where he must return to in the Shemoneh Esrei – “bareich aleinu” or “shomeia tefillah.” Tosafos, in Ta’anis 3b, says that one should return to the berachah of “shomeia tefillah.” The Rambam (Hilchos Tefillah 10:9) and the Shulchan Aruch say that one must return to the berachah of “bareich aleinu.”

It seems that the Rishonim who opine that one should return to the berachah of “shomeia tefillah” do not believe that vesein tal u’matar is part of the actual berachah of “bareich aleinu” They believe that it is an added request (bakashah) that can either be inserted in the berachah of “bareich aleinu” or “shomeia tefillah.” Therefore, when one realizes that he did not say vesein tal u’matar and has already passed “shomeia tefillah,” he should go back to the nearest berachah where he may recite this request.

The Rambam and Shulchan Aruch, who both say that one should return all the way back to the berachah of “bareich aleinu,” seemingly hold that vesein tal u’matar is part of the berachah of “bareich aleinu” Hence they say that one should return to “bareich aleinu” even though the berachah of “shomeia tefillah” is closer. The reason why we allow one who forgot to say vesein tal u’matar in “bareich aleinu” to recite it in the berachah of “shomeia tefillah” (if he remembers before he gets there) is because the berachah of “shomeia tefillah” serves as a tashlumin for all the middle berachos of Shemoneh Esrei. Similarly, if one forgot to say any of the integral parts of any other middle berachah, he would be able to make it up in the berachah of “shomeia tefillah” (see Be’er Halacha 117:5 d”h im). But when one forgets to mention it even in the berachah of “shomeia tefillah,” the halacha of tashlumin no longer applies and he must return to the berachah of which it is a part – namely “bareich aleinu.”

The One Chapter Book – Ovadiah

Friday, November 30th, 2012

I always wonder about Jewish names. Some make it and some don’t. Some have mazel and others don’t. Some Biblical personalities’ names are very popular amongst the members of Klal Yisrael and then there are those personalities whose names never seem to be used.

Know anyone named Merari? Neither do I. But why should one of the sons of Levi, Gershon, be popular, and another remain ignored? I don’t know. It’s all hashgacha.

But I do have a sense that if not for this week’s haftorah, and the amazing fact that it is an entire sefer of its own in Trei Asar, the book of the Twelve Prophets, though it is a one perek sefer, my sense tells me that the name Ovadiah would not be the semi-popular name in Klal Yisrael that it is now.

Who was Ovadiah? Chazal tell us, as brought in the first Rashi, that Ovadiah was a convert to Judaism from the nation of Edom, the descendants of Esav. Actually, he was not only a righteous convert but a person who reached such as to amazing spiritual heights that he become a navi, a prophet in Klal Yisrael!

Rashi wonders about the phenomenon that is Ovadia. He prophesizes just once in Tanach—in our haftorah. HaKadosh Baruch Hu sent him to deliver a message to the nation of Esav, Edom, that because of their spiritual failure as a nation, manifested by their being a thorn and sword in the side of Bnei Yisrael, Hashem was going to punish them.

This is the basic thrust of our haftorah. Ovadiah is a person who came from a wicked nation and grew up in an evil environment, saw the light and came close to Hashem and Torah. This is the type of person who can go out and lecture his former nation about their failings.

As mentioned, sefer Ovadiah is but one perek.

Question: Why did Chazal give Ovadiah, with his one perek-long nevuah, the status of a complete sefer in Trei Asar? It could easily have been a perek in one of the other sefarim? Why have a one chapter sefer?

This question is reminiscent of another similar phenomenon.

Rav Yosef Karo spends an entire siman, an entire section in the Shulchan Aruch (Orach Chaim 300) describing the concept of Melava Malka. Now, it could be because of the length of information the mechaber wanted to discuss. But there is only one se’if, one sub-section, and only one sentence in that section! For those of you who do not know, there are many simanim in the Shulchan Aruch which are very long. Sometimes there are 30-40 different se’ifim, sub-sections, all in one siman. The Shulchan Aruch could have easily put the brief halacha of Melava Malka at the end of the siman about Seudat Shilishis. Yet, despite its brevity, Rav Yosef Karo decided to give Melava Malka its very own siman. Why?

Explains Yalkut Gershuni (brought in Shemiras Shabbos K’Hilchasa, Volume 2, Chapter 63), Rav Karo understood that already in his times, people were not careful iin fulfilling the mitzvah of Melava Malka. It was for this reason that he gave the mitzvah its very own siman in the Shulchan Aruch so it would get “prime-time” attention.

The same can be said about the mitzvah of seudas Rosh Chodesh which also has its own siman (419) and is also a very brief one sentence. Whenever the Shulchan Aruch felt that there was a weakening of a particular important mitzvah, he would give that mitzvah its own siman no matter how short it would be.

In B’Mechitzas Rabeinu, brief Torah thoughts and anecdotes from the life of Rav Yaakov Kamenetzky z”tl, (page 127), Rav Yaakov mentioned a sharp statement (derech tzachus) in relation to this. The pasuk says (Melachim 1, 18:21) “Ad masai atem poschim al shtei hase’ifim, for how long will you jump between two ideas.” In that pasuk Eliyhau HaNavi is criticizing Bnei Yisrael, asking how long they will continue to go from Hashem to worshipping the idol Baal. But, Rav Yaakov says, it can also refer to these two se’ifim, the se’if regarding Melava Malka and the se’if of Seudas Rosh Chodesh. How long will you Jews skip over these two mitzvos which the Shulchan Aruch hoped to focus attention on by giving each one its own siman?

Price Freeze!

Wednesday, November 14th, 2012

Hurricane Sandy had knocked down the power lines to Noach’s house. After three days with no electricity, he heard that a neighbor had a spare generator.

“I’m happy to lend the generator to you, but it has no gas,” said his neighbor. “I have jerry-cans for you to fill; you’ll have to wait in line to buy gas.”

Noach had seen the lines at the gas station. The hurricane had severely disrupted fuel distribution and very few stations were open. The line of cars waiting for gas stretched many blocks. Even the line of people with jerry-cans stretched all the way around the corner.

After Noach waited five hours, it was finally his turn to fill up. He was pleasantly surprised to see that the price of gasoline was the same as before the hurricane, even though this was the only gas station operational for miles around. The government had imposed controls to prevent price gouging, requiring the stations to maintain their former prices.

Later in the week, Noach met Mr. Gassner, who operated the gas station. The storm had been a boom for his business. His team had worked hard, dispensing gas non-stop, 24 hours a day, for three days, until other stations reopened.

“It was considerate of the government to freeze the gasoline prices,” Noach commented.

Mr. Gassner, however, was furious about the price control. “It wasn’t fair that the government required us to keep regular prices,” he complained. “People were crazy to buy even a small amount of gas, and the supply was so limited. By market theory of supply and demand, I could have easily charged three times the price. People would have walked away happy that they got anything!”

Noach was surprised to hear this opposing perspective. “It would be interesting to hear what halacha has to say about this issue,” he said to Mr. Gassner.

“Do you really think halacha has what to say about this?” asked Mr. Gassner.

“I’m sure it has something to say,” said Noach. “Let’s go ask Rabbi Dayan!”

The two went over to Rabbi Dayan. “Is there any source in halacha for government regulation of prices?” Mr. Gassner asked.

“This case is reminiscent of a fascinating halacha,” said Rabbi Dayan, “which emphasizes the need for control of the market on critical items.

“The Gemara [B.B. 90a] states that a person should not earn a profit margin of more than 1/6,” explained Rabbi Dayan. “This means that if the item cost him $100, he should not sell for more than $120, which would provide a profit greater than one-sixth of the sale. This regulation is limited by the Rambam and Shulchan Aruch to items that entail chayei nefesh – staple food items – such as wine, oil, and flour.” (C.M. 231:20; Pischei Choshen, Ona’ah 14:8)

“But what about the store’s overhead and labor costs?” asked Noach. “If a store were to charge only 20 percent above its purchase cost from the supplier, it would never break even, forget about a profit!”

“The overhead is added to the cost, as well as basic consideration for time and labor,” explained Rabbi Dayan. “Thus, if the food itself cost $100, the proportional share of overhead is $20, and basic time and labor amounts to another $5 – the base cost is $125 and the store would be entitled to sell for $150.”

“But if other, non-Jewish, stores do not follow this halacha, it’s unfair to limit the individual’s profit,” argued Mr. Gassner. “They may easily mark-up 70-100 percent.”

“This halacha applies only when a beis din has control over the entire market and can force all the sellers to follow suit,” said Rabbi Dayan. “However, if the other stores sell as they please, an individual store owner is not required to curtail his profit margin.”

“What about other items?” asked Mr. Gassner. “Is there any profit limitation for gasoline?”

“The SM”A [231:36] explains that staple food items have a one-sixth limitation, as mentioned,” said Rabbi Dayan. “For items related to food preparation it is permissible to charge double the cost, and for items unrelated to food the store can charge whatever mark-up it wants.”

“So where does this leave us about the price freeze imposed on the gas?” asked Mr. Gassner. “Would halacha view this a fair regulation?”

Sandy!

Thursday, November 8th, 2012

Hurricane Sandy ploughed through the eastern seaboard, leaving devastation in its wake: mandated evacuation, flooded houses, power outages, uprooted trees, and smashed cars. The storm also raised serious questions regarded rented properties: Does a tenant have to pay rent for the time his house was affected by the storm?

Rabbi Dayan’s yeshiva was forced to remain closed for a few days due to lack of electric power. When it reopened, the students were bursting with questions, sharing the experiences of their families, spread across the affected region.

Some felt tenants should not have to pay for the time they were unable to use the house and should even get a refund if they prepaid. Others thought they should still have to pay. The dispute raged vehemently in the class.

Rabbi Dayan quieted the students. “Circumstances vary, so that it is impossible to provide a single ruling on this complex question,” he said. “The answer depends on whether the premises were unusable because of evacuation guidelines, actual damage due to water, loss of electricity due to major shutdowns, or trees falling on individual wires. If the house was rendered completely unlivable, the tenant likely does not have to continue paying rent [C.M. 312:17]. However, even if not so, it is important to introduce the concept of makkas medina, a calamity of widespread damage.”

“Where is this concept found?” asked Aryeh.

“The Mishnah [B.M. 105b] addresses the case of a person who leased a field and the grain was devoured by locust or shriveled by an intense heat wave,” answered Rabbi Dayan. “If the devastation was makkas medina, widespread devastation, he is entitled to a deduction from the rent. However, if the plague was not widespread, he must pay the full amount.”

“What constitutes a makkas medina?” asked David.

“The Gemara defines makkas medina when the majority of fields in that plain were damaged,” replied Rabbi Dayan. “The Shulchan Aruch, citing the Rambam, writes, ‘The majority of the fields of that city’ [322:1]. The rationale appears to be that if the majority of the region was affected, we cannot attribute the loss to an individual’s misfortune; otherwise, we attribute the loss to the misfortune of the renter. In a vast city, such as New York, we might treat individual neighborhoods separately.” (See also Aruch Hashulchan 312:36: “If the whole city was burned, not literally, but there was a great fire, Heaven forbid…”)

“How much of the rent can be deducted?” asked Shlomo.

“The Mishnah does not specify,” replied Rabbi Dayan. Rama [312:17] indicates that the loss is borne completely by the landlord; some suggest that it should be shared between landlord and tenant [See SM"A 321:6]. Regardless, if one person’s fields were damaged more severely than most others, we deduct more from his rent, since the event, as a whole, is determined a makkas medina.” (SM”A 322:3)

“What about fact that the tenant didn’t cancel his rental and continued to keep his possessions there?” asked Moshe.

“This is subject to a dispute between Maharam Padua and the Rama,” said Rabbi Dayan. “Maharam Padua limits the application of makkas medina to situations where the loss is already done, such as locust. However, regarding future inability to use, the renter has the right to retract; if he doesn’t, he cannot demand to retroactively deduct from his rent. The Rama, however, disagrees. He maintains that in a makkas medina the tenant is entitled to a reduction retroactively, even if did not retract [321:1]. A number of later authorities, though, side with Maharam Padua’s opinion.” (See Pischei Choshen, Sechirus 6: 29 at length.)

“What about people who evacuated, but no actual damage occurred to the houses?” asked Ephraim.

“Ketzos [322:1] cites the case of people who fled from a city because of danger but the houses were left intact,” said Rabbi Dayan. “Maharam rules that the landlord does not have to return the full amount since the house is intact and another tenant may have chosen not to evacuate. Machaneh Ephraim also rules that in such a situation, if the rent was prepaid, the tenant is not entitled to a refund. Others dispute this point.” (See P.C., Sechirus 6: 30.)

“And what about workers who were unable to work during this time?” asked Yigal.

The Uniqueness Of Modern Orthodoxy (Part I)

Friday, October 12th, 2012

Question: What is unique about Modern Orthodoxy?

Answer: In the Middle Ages, theologians analyzed Judaism to assess its essential nature. Their concern was to locate a component that, if missing, would render Judaism something other than Judaism. A modern example of such an inquiry would be to seek the essential component of a car. A car without air conditioning or a radio is still a car. A vehicle without a motor, however, is not.

What is the essential component of Modern Orthodoxy? Some have suggested chesed. But chesed is not unique to Modern Orthodoxy. Many Jews and non-Jews consider kindness essential to their way of life. Anyone hospitalized in New York City will attest to the wonderful service of Satmar women who provide kosher food to patients free of charge. I still recall one woman who travelled with two different busses for over an hour each way to bring kosher food to my wife.

If not chesed, then, what makes Modern Orthodoxy different than other streams of Orthodoxy?

First, we must narrow down the possibilities. It is well known that we say a berachah upon meeting a great scholar in worldly wisdom. HaRav Yitzchok Hutner, zt”l, however, argued that we don’t say this berachah if the great scholar is a Jew (Pachad Yitzchok, V’Zot Chanukah, 9:2 and 9:5). One only says a berachah over a Jew who possesses Torah knowledge, not a Jew who wins the Nobel Prize in chemistry, for example. Conversely, one does not make a berachah over a non-Jew who possesses tremendous Torah knowledge.

Rav Hutner argued that this is implicit in the wording of the Shulchan Aruch, which list two separate halachos: that we say one berachah over a non-Jewish scholar with worldly wisdom and another berachah over a Jewish scholar. The two berachos are “Blessed are You…who has given of His wisdom to those who fear Him” and “Blessed are You…who has given of His wisdom to human beings.” The two berachos are separate and should not be confused. One only makes a berachah over a Jew with Torah knowledge and only over a non-Jew with worldly knowledge.

Why? In regards to berachot, there is a guiding principle of ikar and tafel (essential and secondary). For example, one only recites a blessing over spices if the spices were originally designated to provide fragrance – their main purpose. If the spices, however, were designated for another purpose, one would not recite a berachah over them even if one enjoyed their fragrance.

So too, contends Rav Hutner, in regards to the blessings over scholars. The prime purpose of a Jew is to learn Torah. This is the goal of his existence. Everything else, including secular scholarship or scientific knowledge, is of secondary value to the Jewish soul. It may be important. It may even be vital to life, but it is still secondary to Torah. As such, one only recites a berachah over a Jew who excels in his primary role – Torah. So too with non-Jews. One does not say a berachah over him if he is an expert in Torah because Torah is not his primary role in life.

Getting back to Modern Orthodoxy: Since Torah is the distinctive character of a Jew, the uniqueness of Modern Orthodoxy must lie in Torah. We then must reformulate our original question. What makes the Torah of Modern Orthodoxy uniquely different from the Torah of the yeshiva or chassidic world?

(To be continued)

Na’anuim: Moving Together As One People

Friday, October 5th, 2012

We are all familiar with the famous midrash (Vayikra Rabbah 30, 12) that compares the four species we take on the holiday of Sukkos to the four different types of Jews: the esrog, which has both smell and taste, corresponds to those who learn Torah and perform good deeds; the lulav, which has taste but no smell, corresponds to those who learn Torah but do not perform good deeds; the hadasim, which have a pleasant smell but no taste, correspond to those who perform good deeds but do not learn Torah; and finally, the aravos, which have neither smell nor taste, correspond to those who have neither Torah nor good deeds.

The midrash notes that Hashem declared that all the species should be tied together into one bundle (“agudah achas”) so that each should effect atonement for the other (see Shulchan Aruch, Orach Chaim 651:1). The message is clear: in order for our prayers to be fully accepted, we must unite with all Jews, and not exclude anyone, even those lacking in Torah and mitzvos.

The same message resonates with the Yom Kippur service. We cannot even begin the service until such time as we have been granted permission – in the convocation of the beis din above and the beis din below – to pray together with the “avaryanim” – with those who are clearly labeled as transgressors. Only when the entirety of the people is included in our service, can be we confident that our prayers will yield a favorable response from Above. It is for this reason we pray on Yom Kippur, “ve’yausu khulam agudah achas” – that we be combined into one “eged” (bunch) like the four minim of the lulav, “la’asos retzoncha be’levav shalem” – to do your will with a “complete heart.” The reference to a “complete heart” can be understood as a hearkening to when we all stood as one united people at Har Sinaikeish echad be’lev echad” – “as one organic being, with a united heart” (Rashi, Shmos 19:2).

In this vein, Rabbi Eliyahu Lopian (Lev Eliyahu 4:339) provides a similar perspective to explain an apparent paradox. On the one hand, the month of Elul is a time of supreme trepidation, as indicated by the verse in Amos (3:6) – “if a shofar is blown in the city, how can the inhabitants not tremble?” And yet, the Tur points out (Orach Chaim, 581) that unlike most prisoners who are brought into court for their day of judgment in a state of disheveled despair, we are to wash, adorn and regally dress ourselves in preparation for Rosh Hashanah because we are so cheerfully confident of a positive verdict. Rabbi Lopian explains that both perspectives are indeed correct. From the standpoint of the individual, Rosh Hashanah is a terrifying day of judgment, as indicated in the words recited in the tear-inducing prayer “Unesaneh Tokef” – “a trembling and fright will seize them [the angels].” However, our confidence in approaching Rosh Hashanah is premised upon our knowledge that in our capacity as members of the entirety of the Jewish people, we will not be turned away.

But how do we truly internalize this powerful message? Outside of mouthing the words on Yom Kippur and combining the four minim of the lulav together on Sukkos, are we in fact uniting with all Jews, including them in our thoughts, prayers and deeds? Do we view ourselves as part of a larger Klal Yisroel that transcends our immediate communities, schools and synagogues?

In recent decades, we have witnessed a resurgence of the Orthodox Jewish community. The growth of families and communities is a wonderful sign of communal success. We should all express our tremendous gratitude for the gifts that have been bestowed upon us, rebuilding from the ashes of the Holocaust, and creating new life for the multitudes of Jewish families that suffered devastation and destruction. I remember feeling the powerful sensation at the recent Siyum HaShas of capturing just a small glimpse – an “echad b’shishim” (one-sixtieth measure), as one of the speakers essentially put it – of the grandeur and splendor of what we lost. The presence of Rav Yisroel Meir Lau, a Holocaust survivor, as a keynote speaker at the event, only underscored this overwhelming emotion.

Q & A: Selichot Restrictions (Part III)

Thursday, September 27th, 2012

Question: The Kitzur Shulchan Aruch states that an individual praying selichot without a minyan is not allowed to recite the Thirteen Midot or the Aramaic prayers. What is the rationale behind this halacha?

Moshe Jakobowitz
Brooklyn, NY

Answer: The Beit Yosef on the Tur (Orach Chayim 565) explains that the Shelosh Esreh Midot represent a communal prayer and thus a davar she’b’kedushah. A mishnah in Tractate Megillah (23b) enumerates the situations that incorporate a davar she’b’kedusha and require a minyan. Among them is communal prayer.

Last week we discussed whether it is permitted to pray for sick people in Aramaic, since, according to R. Yochanan (Shabbos 12b), ministering angels do not understand Aramaic. R. Yochanan’s statement is at odds with the opinion that these angels know the innermost thoughts of man (see Tosafot ad loc.). We concluded that praying for sick people is different since, as the Talmud (loc. cit.) states, the Divine Presence comes to help sick people in their suffering. Thus, there is no need for the aid of angels.

We asked, though, why the intercession of angels is ever necessary since we address our prayers directly to G-d. We also pointed out that there is a difference between individual prayer (tefillat yachid) and congregational prayer (tefillat hatzibur); we are assured that the latter one will be accepted.

* * * * *

The Shiltei HaGibborim to the Rif (Berachot, beginning of Ch. 2, “Ha’ya korei baTorah”) says a person may pray in a language other than Hebrew if he doesn’t know Hebrew as he needs to be able to pray in a language he knows (even if it is Aramaic). This is in accordance with Tractate Berachot 3a: “Whenever Israelites convene in synagogues and houses of study and respond, ‘Yehe shmei [shemo according to the Maharsha] hagadol mevorach – May His great name be blessed,’ the Almighty nods and says, ‘Happy is the king who is thus praised in his house.’ ” Tosafot remark that this Hebrew response is the equivalent of the Aramaic sentence in Kaddish: “Yehei shemei rabbah mevorach.”

Tosafot dispute those who maintain that this beautiful prayer of praise was instituted in Aramaic so that the angels would not fathom it and thus not cast a jealous eye upon us. Tosafot note that there are many other beautiful liturgical passages in Hebrew. Rather, Tosafot explain, Kaddish (in the Talmudic period) used to be recited at the conclusion of lectures given for the populace at large, amongst whom were many uneducated people who did not understand Hebrew. Kaddish was therefore composed in Aramaic, the language spoken by everybody.

Why, then, are individuals not generally supposed to pray in Aramaic? The Tur (Shulchan Aruch, O.C. 101) quotes his father’s statement that an individual may pray in any language – except Aramaic. The Beit Yosef (ad loc.) explains that angels have an aversion to Aramaic, which is not the case regarding any other language. The Chochmat Shlomo, commenting on the Mechaber’s ruling in the Shulchan Aruch that prayers can be recited in any language, notes that the angel of each of the 70 nations intercedes for that nation in its own language, and therefore an individual should not pray in a language that his nation’s angel does not speak. Michael, the angel of Israel, uses Hebrew, so Israelites should pray only in Hebrew, the Chochmat Shlomo writes.

This statement runs counter to the rulings of the Tur and Mechaber. The Chochmat Shlomo, in fact, goes further and cautions against people who have instituted prayers in any language other than Hebrew. (He is referring to “formally structured communal prayers” recited to fulfill our daily obligations of tefillah, not personal supplications.)

To explain the aversion angels are said to have for the Aramaic language in particular, we turn to the statement of Rabbi Yehuda in the name of Rav in Sanhedrin 38b. He says that the first man, Adam, spoke in Aramaic, for it is written (Psalms 139:17), “Ve’li mah yakru re’echa, Kel – How valued (or weighty) are your thoughts of me, G-d.”

To explain this statement, the Maharsha quotes Rabbi Yochanan’s statement in Bava Batra (75b) that in the time to come, the righteous will be called by the name of G-d, for it is written (Isaiah 43:7), “Every one that is called by My name, whom I have created for My glory – I have created them and fashioned them.” The Maharsha asks: Where in that pasuk are the “righteous” and the “time to come” mentioned? He explains that honor is attained only through the Torah. Indeed, the Gemara (Sanhedrin loc. cit.) continues its comments about Adam, stating that G-d showed him every generation to come and its scholars and sages. When it came to the generation of Rabbi Akiva, Adam rejoiced at his learning but was grieved at his martyr’s death at the hands of the Romans That is when Adam exclaimed, “Ve’li mah yakru re’echa, Kel.”

Printed from: http://www.jewishpress.com/judaism/ask-the-rabbi/q-a-selichot-restrictions-part-iii/2012/09/27/

Scan this QR code to visit this page online: