Thursday, May 29, 2014

Rosh Hashanah 21 – Two days of fasting on Yom Kippur?

The Jews in Diaspora have the custom to observe Holidays for two days due to the following. In the times of the Sanhedrin, when the Court determined the New Moon with the witnesses' testimony, the messengers of the Court might not bring the news on time, and the exact day of the Holiday in the Diaspora was uncertain. Out of doubt, they observed two days.

By the same token, Yom Kippur should also be observed for two days or forty-eight hours of uninterrupted fast. However, since the month preceding Yom Kippur (Elul) was usually short, it was sure when the real Yom Kippur was on the calendar. Nevertheless, Rava was used to observe Yom Kippur for two days in a row. It once happened that the Court made Elul thirty days long, and Rava thus justified his suspicion. Rav Nachman was once ready to eat on the night following a complete Yom Kippur when a man said to him that the Court had decreed Elul to become long, and therefore the next day was the true Yom Kippur. Rav Nachman, frustrated, applied to himself the phrase "our pursuers were quick," meaning that the man had come too fast before Rav Nachman had a chance to eat.

Since the exact date of Passover was essential to know so as not to eat leaven (something for which a person deserves being cut off from his people), the messengers of the Court were allowed to violate Shabbat but bring the news on time. The same also applied to Yom Kippur because of the fast. What Shabbat violations were permitted? Some say – all, others – only walking too far (beyond the "techum" area of two thousand steps).

Art: Walking In The Woods by Emile Isenbart

Monday, May 26, 2014

Rosh Hashanah 18 – Sometimes sorrow, sometimes joy

Initially, the Court would determine the New Month according to the sighting of the moon.  They would then send messengers to far-away provinces to announce when the Holidays of Passover, Rosh Hashanah, Chanukah, and Purim will be.

However, the above list omits the fast days in Tammuz and Tevet, why is that? – Because in the times of the Temple these days were observed not as fasts but as days of feasts and happiness. Still, since the prophets knew that the Second Temple will also be destroyed, they did not abrogate the fast days for good.

In fact, so many miraculous salvations happened in the days of the Second Temple that the Sages had to write down a scroll enumerating these minor festivals when fasting and eulogizing the dead were not allowed. It was called “The Scroll of Fasts.” Later, with the destruction of the Second Temple, these minor festivals were also canceled. Some say that they stayed since they were not related to the Temple. All agree that the amount of trouble and suffering magnified in the subsequent generations, and people became numb to them. Hence, they did not appreciate the deliverance from them either.

Art: Interior With A Family Feasting And Dancing by Willem van, the Elder Herp, c. 1637

Monday, May 19, 2014

Rosh Hashanah 10 – The New Year of trees

The years of a tree are also counted from the first of Tishrei. Why is it important to know how old a tree is? – Because for the first three years, the fruit of the tree is called "orlah" and cannot be eaten, so we need to know when to count the first year. As it turns out if the tree is planted at least 30 days before Rosh Hashanah, this is already considered the first full year of its life. Even so, after the third Rosh Hashanah, the fruit is not permitted immediately, but only after the fifteenth of Shvat, also known as "Tu B'Shvat."

From the rule above, we see that thirty days in a year a considered an entire year. However, this is only the opinion of Rabbi Elazar. By contrast, Rabbi Meir says that even one day in a year is already considered an entire year. If so, how does Rabbi Meir explains the rule of thirty days for orlah cited above? He says that the tree indeed needs thirty days to take root, but if not for that, even one day in a year would make it a year old.

We can see that these teachers agree on the month the world was created and place it in Nisan. How? – We will see this on the next page.

Art: Landscape with Oak Trees By Caspar David Friedrich, 1811

Sunday, May 18, 2014

Rosh Hashanah 9 – A Jubilee year

There is a Jubilee year at the end of every seventh Shmita year (every 49 years). What day does it start on? - First of Tishrei, which thus becomes the New Year for the Jubilee. Jewish slaves must be set free; any land bought in the last 49 years goes back to its ancestral owners; this is also a Shmita year when nobody works the land. The sign of all of this is the blowing of the Shofar at the end of Yom Kippur. Therefore, for the ten days between the Rosh Hashanah and Yom Kippur, slaves cannot go home yet, but they are already not slaves. Instead, they eat and drink and sit with their crowns (or turbans, a sign of a free man), and their masters now serve them.

There is another opinion, however, that the Jubilee year starts after Yom Kippur, and not in any way before – which results in no feast for the slaves. It also results in the fact that the Jubilee year is the fiftieth year, following the Shmita, as opposed to coinciding with the last Shmita year.

There is an idea of taking some time away from the regular minutes or days and adding it to the sanctified time. Some derive it from the laws of Shmita – which are extended both before and after the actual year. Others use Yom Kippur as a trendsetting example: since the Torah mentioned the affliction as starting on the ninth, the day before Yom Kippur, this teaches to add a little from the day before to the Yom Kippur itself. Others, however, say that overeating before Yom Kippur is considered an affliction and is thus a mitzvah.

Art: Peasants feasting and dancing by (after) David The Younger Teniers, 1660

Rosh Hashanah 8 – When do animals give birth

Every year one must tithe his animals: all of them born this year are gathered into a pen with an opening large enough for only one animal to pass through. The owner then stands at this opening and counts, marking every tenth one with red dye. The animals thus designated are brought as offerings in the Temple. Their meat is eaten by the owner and his guests in Jerusalem. We must therefore know when is the New Year for animal tithe.

There are two opinions: first of Elul, and thirty days later, first of Tishrei. Both are based on a phrase from the psalms, “The meadows (really, the ewes) are covered with flocks (really, by rams); the valleys are covered with corn, they shout and sing.” The first teacher asks, “When do sheep become pregnant? – When valleys are covered with corn. And when is that? - In Adar. It turns out that the sheep give birth in Av, and their New Year is in Elul.” The second teacher gives a different answer: “When do sheep become pregnant? When the stalks of corn sing with a rustling sound. This is a month later, in Nisan, and therefore sheep give birth a month later, in Elul, and their New Year is in Tishrei.” However, the Talmud finds difficulty with this reading and goes on to the second explanation.

Now all agree that animals give birth before Elul. Rather, the question is, do we compare the two tithes – animal and grain – and give them the same New Year, that is Tishrei? Or, do we compare them in that their New Year immediately follows the crop – and for animals that would be Elul.

Art: Cornfield By Berthe Morisot

Thursday, May 15, 2014

Rosh Hashanah 7 – The month of Nisan

The month of Nisan is unique in many respects; in particular, it is the first in the order of months. Why? – Since the Torah said, “This month will be for you the first... take a lamb for each household,” we know that the Exodus happened in the first month. But how do we know that it is Nisan? – Because the Torah also said, “Watch the month of the first ripened produce,” and this must be the spring month of Nisan. But perhaps it is Iyar, which immediately follows Nisan and which you also have ripened produce? – No, it could not be Iyar because “the first ripened produce” grows before. Then say that it is Adar, which precedes Nisan? – Also, no, because we need the majority of “the first ripened produce.” So your proof is based on that? – But did the Torah say “the majority of the first ripened produce?” – No, it did not. Thus, this proof is abandoned, and the Talmud starts another.

The other proof also does not succeed, and we are forced to admit that there is nothing in the Torah that tells us that Nisan is indeed the first of months. Instead, we resort to the books of the Prophets and say this. Nisan was always known to be the first, but this knowledge was transmitted from teacher to student and not recorded anywhere in the Torah. Then came the Prophets and recorded it in conjunction with something else. For example, Ester was taken to King Achashverosh in the month of Tevet, which is called the tenth month. If so, then Nisan, which occurs nine months before, must be the first.

An extra month is added a year when needed - always before Nisan; money is taken for new sacrifices in Nisan, and some say that Nisan starts a year for house rentals.

Art: Esther before Ahasuerus By Giovanni Andrea Sirani

Wednesday, May 14, 2014

Rosh Hashanah 6 – A promise to charity is immediate

Earlier, we saw that the phrase "do not be late in paying" applies to many kinds of promises, including charity. However, the charity has a unique aspect to it. Whereas a promised sacrifice needs to be brought before one, two, or more Holidays pass – depending upon which opinion you follow – the obligation to give charity is immediate. One violates the "do not delay" prohibition by not paying. Why is that? Simply because the responsibility to bring a sacrifice is active only when there is a chance to do so, but poor people are found at all times. It is thus not related to any occasion or Festival.

What about an heir? Does he acquire the "do not delay" obligation from his parent to bring a sacrifice designated by his father? On the one hand, the Torah said "when you promise," and the heir did not make a promise. On the other hand, it also said, "you will bring," and perhaps this does include the heir. Rabbi Chiya offered an answer: "God will require it from you," - which means to tell us, "from you, but not from your heir." The heir thus does not acquire the parent's obligation.

Art: The Artist's Parents By Philipp Otto Runge

Tuesday, May 13, 2014

Rosh Hashanah 5 – Fulfill the promise, do not delay

We saw that one who promises a sacrifice to the Temple should not delay it. We also mentioned that many more promises should not be delayed, not just Temple sacrifices. However, how do we know that – the Torah said the “do not delay” only in connection with sacrifices, not anything else?

The Torah said, “When you make a pledge to God your Lord, do not be late in paying it, since God will then demand it, and you will have committed a sin.” Every additional word teaches an extra thought.

“To God, your Lord” teaches that not delaying promises also applies to any donation to the Temple treasury. The words “since God will then demand it” refer to those offerings that are not volunteered but are required, such as sin offering for Shabbat violation and Passover sacrifices. Also, the words “God your Lord” themselves are not needed, since later on, it anyway says, “God will demand it.” Therefore, these words apply to regular charity and to tithes. Finally, “you will have committed a sin” is actually positive: only you are to blame, but not your animal – it does not become an invalid sacrifice just because you did not offer it on time.

Art: Charity By François Bonvin

Sunday, May 11, 2014

Rosh Hashanah 4 – Five points of view

We have said that when one promises to bring a sacrifice, he must do so during the following three Holidays. He starts counting from Pesach so that he has five Holidays to fulfill his promise at the maximum. However, this was the opinion of one teacher, Rabbi Shimon. There are four more opinions, and each has its own logical explanation.

By the way, sacrifices and all other promises to the Temple are governed by the same law. The first opinion is that he has three Holidays to go, and he starts from the next one; thus, he has three Holidays at the max, and then he has transgressed the “do not delay.” The logic here is clear: since the Torah mentioned the three Holidays, Pesach, Shavuot, and Sukkot, one extra time – this is precisely the law it wanted to teach us.

Rabbi Shimon pays attention to the order in which the Holidays were mentioned, and comes up wit the measure of five Holiday seasons.

Rabbi Meir says that “you will come... and you will bring” teaches that he must come and bring his sacrifice on the very next Holiday.

Rabbi Eliezer says that “do it on the Holidays” teaches the minimum of plural – that is, two Holidays.

Finally, Rabbi Elazar, the son of Rabbi Shimon, says that Sukkot was mentioned an extra time to tell us that it represents the cutoff: even if one promised a sacrifice shortly before Sukkot, he must bring it no later than this Holiday.

Art: A Breach of Promise By Walter-Dendy Sadler

Rosh Hashanah 3 – What is special about the month of Nisan?

The New Year of the Jewish kings is counted from the same month as the Exodus. Why? Because of the phrase "In the four hundred and eightieth year from Exodus... in the fourth year of Solomon's reign, he built the Temple." There is a comparison between Exodus and the years of a Jewish king, so they start counting from the same month.

But how do we know that the New Year of Exodus is indeed counted from Nisan? Granted that it is not Tishrei because it is mentioned as not being the first in connection to Moses' last speech. So too, it is not Iyar because Iyar is mentioned as second. Still, it could be Tammuz, Av, or Adar, which are not mentioned together with their count number. Instead, this is derived from an extra word in the story of King Solomon. Solomon has built the Temple in the second month. "In the second" is repeated to tell us that Iyar is the second month, and therefore Nisan is the first.

Concerning this, the Talmud also discusses the chronology of king Koresh and whether he was a righteous person. It is mentioned that a "shagel" was sitting to his right. This could mean a queen or a female dog. On the theory that he was righteous, the word is taken to mean a queen, but if not - it means his consort, a female dog.

Art: Moses By Antonio Zanchi

Rosh Hashanah 2 – Four New Years

There are four New Years (Rosh Hashanah): for the kings, for the Holidays, for the animals, and for the plants. How so?

The New Year for the (Jewish) kings starts on the first day of the month of Nisan. If a king ascended the throne even one day before Nisan, this is still considered the first year of his reign, and on the first of Nisan, they begin counting his second year. This year is then used in business documents, such as loan notes, to honor the king.

Why does there have to be a New Year for the Holidays (Pesach, Shavuot, and Sukkot)? – for promises. If someone promises a sacrifice, he needs to bring it within the following three Holidays, but he starts counting not from the day of the promise but from Nisan. In an extreme case, therefore, if he promises the sacrifice before Shavuot, he has five Holidays to bring it: Shavuot, Sukkot, Pesach, next Shavuot, next Sukkot.

The New Year of the animals is for animal tithe: all animals born in that year are tithed together. The New Year of the trees is for counting the first three years during which their fruit is prohibited – this is known as "orlah."

Art: Giant Redwood Trees of California By Albert Bierstadt

Wednesday, May 7, 2014

Beitzah 18 – Purifying for the Holiday

Before the Holiday (Yom Tov), one must try to purify himself by immersing in a mikveh – because of the multiple sacrifices brought on the Yom Tov. He must also purify utensils. However, if the Yom Tov follows Shabbat, everything must be purified before Shabbat, saying Beit Shammai. Beit Hillel basically agrees, only they make an exception for the person himself and allow him to go to the mikveh even on Shabbat.

Why can't we purify utensils – they are very much needed! – Because one may come to carry them on Shabbat. Good, but if so, purifying them in one's own courtyard should be permitted! – No, that is an additional precaution, lest one comes to carry in the street. But do we ever make such additional decrees? Talmud tries to prove that we don't but refutes all such proofs. Another explanation: it is prohibited to purify utensils as a precaution against wringing them. What about non-cloth? – Again, additional decree protecting the first one. Again, we go through the proof that such decrees exist.

There is also a third explanation – that one may delay immersions. Now that one knows that he cannot do it on Shabbat, he will rush. The fourth: it appears as if he fixes things on Shabbat. But if so, we should forbid personal immersions!? - No, he looks as if he is cooling off. Again, we go through marginal cases like cooling off in dirty water and find justifications for these too.

Art: Peasants drawing Water from a Fountain by Gioacchino Assereto

Tuesday, May 6, 2014

Beitzah 17 – No food mix

We learned that when a Holiday (Yom Tov) falls out on a Friday, one is allowed to cook for the needs of the Yom Tov, but not for the Shabbat right after it. However, if one leaves a little food over from Thursday (called “eruvei tavshilin), cooking for Shabbat becomes permitted.

What if one did not create this food eruv? – Then he is forbidden to cook for Shabbat. What about his flour? Is it also forbidden? But why do we ask? – For the case when others would want to help him out and bake with his flour for him, can they use the flour? – The answer is that they cannot, but rather, they have to receive from him the ownership of this flour, and then they can cook for him with that flour because it is now theirs.

What if he disregarded the prohibition and cooked anyway? Can this be eaten? The Talmud tries to derive the answer from various similar rulings. For example, we know that one can cook for himself for Yom Tov, and if some food is left over for Shabbat – that is fine. However, he should not use this device as a loophole. Can we assume that when he deliberately violates the prohibition of an eruv, it is worse than a loophole and is indeed prohibited? – No, we cannot. Perhaps the Sages were stricter with loopholes than with deliberate violations. On so on, two more attempts, but the question remains unresolved.

Art: The Cooks by Theodule Augustine Ribot

Monday, May 5, 2014

Beitzah 16 - Fixed income

A person's available income for the year is fixed and is decided on Rosh Hashanah. Therefore one should not make extravagant purchases - because his income for food won't be increased. However, he can freely spend more for Shabbat and Yom Tov's needs and the Torah education of his children - because the extra amounts will be added to his allotment. Shammai would always buy things in honor of Shabbat from the first day of the week, and if he saw something better - he would buy that too and eat the previous one on a weekday. On the other hand, Hillel was unconcerned, trusting that God would provide him with the needs for Shabbat when the day came.

If one gives a present to his fellow, he need not inform him, because it will become known to his fellow anyway, and the goal of increased friendship will be achieved. When giving people the Shabbat, why did God tell Moses to inform them about it - even though they were soon to experience it!? - True, but God told Moses to inform them of the hidden qualities of Shabbat: the reward that one gets for it, and the extra soul that one gets on Shabbat and that allows him to eat more with pleasure.

Back to the subject of "eruv." Eruv is food that permits one to cook on a Holiday for the needs of Shabbat.  One can use any food for that, even a remainder of a dish. Even if he eats it on a Holiday, it still has the legal effect, provided that there is a little of it left.

Art: The feast by Adriaen Brouwer

Sunday, May 4, 2014

Beitzah 15 - Does one have to eat on a Holiday?

If the Holiday (Yom Tov) is followed by Shabbat, then people celebrating the Yom Tov may completely forget about Shabbat and finish all the provisions and drinks coming to Shabbat with nothing to eat. So that this should not happen, the Sages instituted a reminder in the form of "food mix" or "eruvei tavshilin." This food eruv is prepared before the Yom Tov, by taking some foods in one's hand and declaring "with this eruv (which I will eat on Shabbat) it becomes permitted to me to cook on a Yom Tov for the needs of Shabbat." Normally cooking on a Yom Tov for Shabbat is forbidden, but with this eruv, this, too, becomes allowed.

Once Rabbi Eliezer was giving a lecture about the laws of Yom Tov, the whole day of Yom Tov. A group of students arose and left, and Rabbi Eliezer commented, "They must have prepared barrels of wine and are rushing to drink it." When the second group left, he said, "They have casks of wine." When the sixth group left, he said, "These are desolate people." Some students, however, remained till the conclusion, and to them, he said, "Go and eat rich food, drink sweet beverages, and do not be melancholy."

Why was Rabbi Eliezer so strict with his students? After all, there is a mitzvah to eat and drink and be merry on a Yom Tov? - He disagrees with this requirement: all the time one is engaged in Torah study, it takes preference, and only when he stops - then the obligation to eat and drink devolves on him.

Art: A Kitchen Still Life With A Servant Boy Holding A Cask Of Wine by (after) Michelangelo Merisi Da Caravaggio

Friday, May 2, 2014

Beitzah 14 - Giving presents on a Holiday

Since one can cook on a Holiday (Yom Tov), one can also grind spices. However, when crushing rock salt, she should do it in a manner different from weekdays. Why is salt different from spices? Every dish needs salt, so she should have thought of it and crushed it beforehand, but spices - she may decide to cook a special dish that requires them on the spur of the moment. Another reason: spices begin to lose flavor right after they are ground, so it is impossible to prepare them before the Yom Tov.

Is there any practical difference between the two reasons? - Yes! - if she knows which dish she will cook. According to the first reason, she should have prepared the spices and cannot grind them now; according to the second reason, they would lose their pungency, so she could not prepare beforehand and is therefore allowed to grind them now.

One should not send presents to a friend on a Yom Tov, since people might see them and think that he is sending goods to the market to sell. The only things that are allowed are ready-made portions of food. This is the opinion of Beit Shammai. However, Beit Hillel is not concerned about it. They allow sending animals and fowl, alive or slaughtered, wines, oils, and fine flours - provided that it is not carried by a caravan of three people, because then it looks like trading.

Art: Preparing spices for market By Paul Saint-Jean