Shabbat and a life threatening situation (part 2)

As we have previously explained, a life threatening situation requires that the Laws of Shabbat be suspended, and therefore we are allowed (or obligated) to do anything we believe is necessary to try to save a life, even if that implies violating the sanctity of Shabbat (see here).
1. In a situation where one estimates that Shabbat should be violated in order to save a life, it is forbidden to ask for a rabbinic opinion, because the time spent in that consultation might be essential to save a life (Yalqut Yosef, 191). Therefore it is a Mitsva for every Jew to help and assist a person when we suspect that a life is in danger.
2. In a case where a person has violated Shabbat trying to save a life and then, the patient died, or the patient suddenly recovered. Or if, for example, one brings his car to take a patient to the hospital and when he gets there he sees that someone else has already taken the patient to the hospital, in all these and similar cases, the person who violated Shabbat trying to save a life has done a Mitsva. Even thought he did not succeed in saving a life or even when he found out in hindsight that his assistance was unnecessary.  This person will be rewarded by God for his good intention and, needless to say, he does not need to do Teshuba for violating Shabbat (Yalqut Yosef, 199).
3. In a case of a life threatening situation (hole sheyesh bo sakana) there is no need to perform the forbidden activities (melakhot) in an unusual way (‘al yede shinuy) to attenuate the status of the violation. Because in life threatening situations the observance of Shabbat is suspended (hutra) and not just deferred (dehuya). 
 
SHABBAT SHALOM!
 
Candle lighting in NYC:      5:52pm
Shabbat ends in NYC:          6:50pm
 
 

 

 
 
7 questions on Perashat vaYera
Each one of these seven questions is meant to be read before the Aliya reading begins.  The answer to each question should be found in the plain Biblical text. These simple questions should encourage us to follow the Tora reading, paying more attention to its content. 
BEFORE 1st Aliya
What food did Abraham promise to give to his guests and what did he actually give them? What does this act say about Abraham?
BEFORE 2nd Aliya
Which number is inconsistent with the other numbers in Abraham’s bargain with HaShem? What do you think is the reason for this inconsistency?  
BEFORE 3rd Aliya
What did the angels do to the mob that tried to break into Lot’s home? 
BEFORE 4th Aliya
Who destroyed the cities of Sedom and Amora, HaShem or the angels? Quote a verse to support your contention. 
BEFORE 5th Aliya
Why would the rabbis say that Sara’s level of prophecy was higher than Abraham’s? 
BEFORE 6th Aliya
What was Abimelekh response when Abraham informed him about the stolen wells? 
BEFORE 7th Aliya
Do you think that Yitshaq knew what were Abraham’s intentions? On what words or pasuq are you basing your opinion?   

 

 



HILKHOT ABODA ZARA 2:1: Religious idolatry

Maimonides says in the second chapter of Hilkhot ‘aboda zara: “The essence of the prohibition of idol worshipping is not to serve any creature or creation, neither an angel, not a constellation or a star, nor any material element, or any entity created from them.  And even if the person who is worshipping [anything or anyone but God] knows and admits that HASHEM is the only God, the act is still considered ‘aboda zara.” In other words, if a Jew, a religious and righteous Jew whose faith in God is unquestionable, prays to our “mother Rachel” (Rahel Imenu), even if his intentions are pure, and he or she firmly believes in one God, according to Maimonides, this person is performing an act of ‘aboda zara.  

We are allowed to pray to HASHEM and ask Him that in the merit (=zekhut) of our matriarch Rahel (or Abraham, Ytshaq, Ya’aqob, etc) He will help us, redeem us, etc. We do that all the time. But our prayers have to be directed always and only to HASHEM, our God. 

Maimonides says that a person who worships anything or anyone but God, and yet believes in God, is repeating the mistake of Enosh.  “this person will be serving a created being in the manner that Enosh and his generation worshipped at the beginning….” . The generation of Enosh believed in God, but they prayed to the sun and the moon as intermediaries between them and God. They believed that since the sun and the moon are “closer” to God, it would be appropriate to pray to them, and somehow the sun and the moon will deliver his message to God. In a similar way that when I express my request to my employer’s secretary, I’m sure she will relay the message to my boss. A good Jew might think: “I will pray to Moshe Rabbenu, Eiyahu haNabi, Rabbi Meir, Rahel imenu, etc. and they will surely deliver my message to God. 

Maimonides asserts that this thought is wrong. And he warns against this practice:  “…the thoughts of your heart should not lead you astray to worship these [entities] and make them an intermediary (sarsur) between you and the Creator.” Praying to an intermediary is considered an act of idolatry, regardless of my right beliefs and my good intentions. 



Was the Shulhan arukh ever summarized?

Yesterday I got many phone calls and emails from friends and readers who reacted to my proposal of rewriting the original Shulhan ‘arukh. Most of them were telling me that they already have the Shulhan ‘arukh. This is a real quote: “I was always fascinated by the Shulchan Aruch and have learned very much from the English translation.”   I told my friends that as far as I know the shulhan ‘arukh was never translated into English or to any other language. So, they must have been reading a different book…. 
  

I know where this confusion comes from. If you go to Amazon and you write “shulchan aruch” you will find the following book as the first option: ” KITZUR SHULCHAN ARUCH – CODE OF JEWISH LAW. COMPLETE 5 VOLUME”.   We need to clarify a few things.  First, that the “Kitzur Shulchan aruch” is a very good and popular book written by rabbi Shlomo Shlomo Ganzfried (1804-1886).  Rabbi Ganzfried lived in Ungvar (then Hungary, today Ukraine) and he wrote his book based on the traditions and customs of Hungarian Jews. Rabbi Ganzfried followed in his rulings the three Halakhic authorities of his time and place: Rabbi Yaakob Loberbaum, Rabbi Shneur Zalman of Ladi, the first Chabad rabbi (who, by the way, wrote a book which he also called “Shulhan ‘arukh” containing his own rulings and traditions. See this) and Rabbi Abraham Danzing.  
  
What the reader needs to know then is that the Kitzur Shulchan aruch is a distinct book,  definitely NOT a summary of rabbi Yosef Caro’s Shulhan ‘arukh (and it probably never claimed to be so!).  What confuses us is the name “Kitzur shulchan aruch” which seems to indicate that it is a “summary” of the Shulhan arukh (“Kitzur” means “summary”). But the truth is that the Kitzur is a book entirely different from the shulhan ‘arukh. Different in its rulings, its order, its size, its purpose, etc.   
  
Amazon (or better said: the publishers ) also have their share in the misrepresentation of the Kitzur Shulchan Aruch.  Because presenting the Kitzur as the “Code of Jewish law” gives the impression that they are describing “The” Code of Jewish Law, which is Yosef Caro’s Shulhan ‘arukh. 
  
I explained to my friends that a summary of the Shulhan ‘arukh was never necessary. Among other things, because the shulhan ‘arukh was explicitly conceived as the summary of the Bet Yosef- a practical summary to be reread every thirty days- written by the same author of the Bet Yosef,  rabbi Yosef Caro.
MUST WATCH 
BOYCOTT ISRAEL, by Ari Lesser



Shulhan ‘arukh Venezia

Previously, I explained why rabbi Yosef Caro (1488-1575) wrote the shulhan ‘arukh and how did it happen that the shulhan ‘arukh became the most accepted Code of Jewish Law. We also saw that the shulhan ‘arukh was not meant to be an independent code of law but a compendium of the Halakhic conclusion of the Bet Yosef. 

 The shulhan ‘arukh was written as a short book to be studied monthly, in its entirety, as a way to constantly review all aspects of Jewish law. However, the shulhan ‘arukh was never used as a monthly compendium of Jewish Law. Why? One of the reasons is that except for the 1565 Venezia edition (published while Maran Rabbi Yosef Caro was alive!) the shulhan ‘arukh was systematical printed with a great number of glosses, amendments, critical commentaries and supercommentaries (= commentaries on previous commentaries) etc. So, when one approaches the study of the shulhan ‘arukh, it feels that one has to read all of its commentaries to comprehend the shulhan ‘arukh. The truth is that according to rabbi Yosef Caro, to understand the shulhan ‘arukh all a student needs is to know the Bet Yosef! The commentaries amend, oppose or confirm the rulings of the shulhan ‘arukh, but they should be studied as a supplementary reading. The ironic destiny of the shulhan ‘arukh “as a text” was perhaps the fault of those publishers, who instead of integrating the commentaries on the text of the shulhan ‘arukh, should have printed those commentaries as independent books, for advanced students, and leave the shulhan ‘arukh in its original form. 

 The fact is that since 1565 (to the best of my knowledge) the plain shulhan ‘arukh as it was originally conceived by Rabbi Yosef Caro was never (re)published. Today, since we have the text of the shulhan ‘arukh (with commentaries, etc.) online, it is relatively easy to re-produce the original shulhan ‘arukh. A few days ago I started to do just that. It is relatively simply and easy. And there are no costs involved. 

I think it will be appropriate to recreate the 1565 Venezia Edition of the shulhan ‘arukh, a digital edition to begin with. So far I have composed 15 chapters which I’m using to teach in my mornings shiur. Although this is a relatively easy job to do, more help is needed. So, if any of the readers would like to volunteer, all help will be welcomed. If you would like to help please email me to rabbibitton@yahoo.com (a minimal proficiency of rabbinical Hebrew is required) .


Shulhan ‘arukh Venezia 1565  

Click  here to see the  first 15 chapters of the shulhan ‘arukh Venezia. 



Shabbat and the Fourth Commandment

“Zakhor et yom haShabbat leqaddesho… ” Remember the day of Shabbat to sanctify it. This is the fourth of the Ten Commandments: our duty to remember the day of Shabbat and to consecrate it as a special day. How do we perform this important Mitsva, remembering and sanctifying the Shabbat?

 

By reciting the Qiddush. In the Qiddush we remind ourselves the foundation of Shabbat: this is the day that God celebrates the completion of the Creation process. When saying the Qiddush we are giving testimony that our planet and life in our planet are not here by a cosmic chance. It was God Almighty the One who created the world and the One who created us, intelligent life  (intelligence, can only come from intelligence!).
Meam Loez explains that there are other ways in which we perform this Mitsva of remembering Shabbat.
1. We remember Shabbat in the Tefilot (prayers) that we say on Shabbat. For example, in Birkat haMazon, we add “retse vehahalitsenu” a text in which we mention the importance of Shabbat and we ask God to help us and allow us to live this day with joy, pleasure and peace.
2. Adding (=sanctifying) some extra time at the beginning and at the end of Shabbat. We should receive Shabbat before Shabbat officially begins (sunset) and we should end Shabbat after it officially ends (when three medium stars are visible).
3. Reciting the Habdalah, and declaring officially that Shabbat has ended. By acknowledging the difference between Shabbat and the rest of the week, we proclaim the holiness of Shabbat.
Shabbat Shalom!
Candle lighting in NYC:   6:02
Shabbat ends in NYC:       7:01
 
 
 
7 questions from our Parasha. 
Each one of these seven questions is meant to be read before the Aliya starts.  The answer should be found in the plain Biblical text. These simple questions should encourage us to follow the Tora reading paying more attention to its content. 
1st Aliya
HASHEM tells Abram that He will do six things for him if he follows His commandments. What are those six things? (Are they six or seven?)
2nd Aliya
Abraham tells Sara to say that she is his sister, so the Egyptians won’t kill him. What went unexpectedly wrong in Abraham’s plan? 
3rd Aliya
Why were Lot and Abram unable to live together after they came back from Egypt?
4th Aliya
Where did the war described in this Aliya take place? Why did Abram engage himself in this war? 
5th Aliya
What is the King of Sedom asking and offering Abram? Did Abram accept his offer? Why?  
6th Aliya
What are the borders of the land that HASHEM as promised to Abraham? 
7th Aliya
How old was Abraham and how old was Ishmael when they were circumcised? 

 



Rabbi Obadia Yosef and the power of Halakhic leniency

As we explained yesterday, one of the principles that guided the rulings of rabbi Obadia Yosef is that a Rabbi must do all possible efforts to make the practice of Judaism more accessible and simpler for his community. Therefore whenever Rabbi Yosef was able to find a way (not a loophole!) he would rule with leniency. This principle is known as koha dehetera ‘adif,   “the power of being lenient is preferable”. This does not means just that it is recommendable for a Rabbi to be lenient, but also that a Rabbi that is lenient is preferred over other Rabbis. Just like it happens with doctors,etc. the more a Rabbi knows, the more lenient he can be. Whereas when a Rabbi does not know the whole spectrum of the law, his limitations will bring him to be stricter.
  
Rabbi Obadia Yosef viewed ruling in a lenient way as a characteristic of Sephardic posqim. He quoted the Hida who explained the “Halakhic character” of Sephardic legislators. “The Sephardim are seized by a measure of piety (hesed) and therefore are lenient in the Halakha…”.
There were cases of family law, delicate cases like mamzerut, in which Rabbi Yosef was the only Rabbi among all the Rabbis of his generation, who was able to find a way to free a family from this anguish. 
Another example: after the Yom Kippur war in 1973, many soldiers were missing in action. According to Jewish Law if the body, or a witness that saw the dead body, cannot found then the wife cannot be considered a widow and therefore she can’t remarry (‘aguna).  In Oct. 7th the New York Times wrote an article on Rabbi Yosef and it referred to this case: “In another unconventional ruling, the Rabbi allowed hundreds of women whose husbands were missing after the 1973 war to remarry, although, traditionally, remarriage is allowed only after … there is incontrovertible proof that her former husband has died.”
Rabbi Yosef considered that it was a great achievement finding sufficient Halakhic backup or reasoning to prove that a lenient position is correct. 


Israel’s Prime Minister, Binyamin Netanyahu, 
expressing his condolences for the 
passing of Rabbi Obadia Yosef z”l
 
 

 



The Leadership of Rabbi Obadia Yosef z”l

Uniting the Israeli Sephardic Jews around one set of traditions, customs and rulings  was one of the main goals and achievements of Rabbi Obadia Yosef z”l.  As we have explained, Sephardic Jews were coming to Israel from many different countries and brought with them their local customs. In many (most?) cases those practices were stricter than what Jewish Law requires. Pesah is a good example. I remember that Jews from Spanish Morocco used to cover the dining room table with seven covers and tablecloths. Or that no one would dare to buy normal sugar or common oil for Pesah. And they would even look to buy a Kosher for Pesah shampoo, etc, etc. The first book published by rabbi Obadia Yosef was Hazon Obadia, a book about the Laws of Pesah. When first published in the 50’s it was a revolutionary book.   Because Rabbi Yosef went back to the plain Halakha, without the extra stringencies coming, among others sources, from mystical views (for example, Ben Ish Hay, etc. For Rabbi Obadia Yosef the rulings of the Ari haQadosh or other meqqubalim are applicable only for Tefila, or as a private practice) or from Ashkenazi rulings (particularly in the Laws of Pesah Sephardim and Ashkenazim hold very different views. See for example this ). For this he was criticized and by many Rabbis rejected as a valid Halakhic authority.   
A very similar process happened with the laws of Nidda (family purity), the Laws of Shabbat, Kashrut in the kitchen, just to mention some popular examples.  In the 60’s and 70’s his opinions were considered by many as very liberal. It took decades until his voice became the authorized voice of mainstream Sephardic communities. 
His vision was to facilitate the practice of Judaism, something that he saw as a very needed principle for our modern days. A few weeks before he passed away he instructed his son, Rabbi Ytshaq Yosef, the newly elected Rishon LeTsion (Sephardic Chief rabbi of Israel) that as the new highest rabbinic authority he must always try to find the ways to make the practice of Tora as lenient and as accessible as possible. 
Tomorrow, BH, we will continue with this last subject.
Rabbi Obadia Yosef crying for the destruction of the Bet-haMiqdash
 
 

 



Who taught rabbi Obadia Yosef?

 

“נפלה עטרת ראשנו”
Yesterday, Rabbi Obadia Yosef was buried in Jerusalem. More than 800,000 people attended his levaya in what is considered the largest funeral in the history of modern Israel.  
From a avery early age Rabbi Obadia Yosef showed the two most important signs of a great Tora luminary: a passion for Tora studying and an exceptional memory. But that was not enough in Israel 1930’s.  In those days of financial depression the economic situation of the world was chaotic and Israel (in those days: Palestine) was obviously no exception. The Yosef family was not able to afford having one son out of the job market. For a while Rabbi Yosef was allowed to study in the most prestigious Sephardic Yeshiba, Porat Yosef, in the Old City of Jerusalem. But now, he was forced to leave his studies and work in his father’s store in the impoverished Bucharian quarter (shekhunat habukharim) in Jerusalem.  
The Yeshiva Porat Yosef was lead by a great Rabbi born in Aleppo, Syria.   Rabbi Ezra Attie  (or Attia עזרא עטייה 1887-1970). Who besides being a very pious man and one of the greatest Tora scholars of his generation had also the skills to identify leadership in his students.  In the short time that rabbi Yosef studied in Porat Yosef Rabbi Attie discovered in him the qualities of a leader: his charisma, his expectational mind and his character.  And now, he was heartbroken to find out that the young Obadia had to leave his studies.  He did not give up and did the unexpected. Rabbi Attie approached rabbi Yosef’s father and begged him to let the boy return to the Yeshiba.  He said to Mr. Yosef: “If you need help in the store, I’ll stay and work for you. Keeping me away from Tora study matters less than keeping your son away.”  The father couldn’t say no. And realizing the potential of his son as a great Tora scholar he allowed him back into the Yeshiba.  That was probably the most important turning point in rabbi Yosef’s life.
Rabbi Ezra Attie was the teacher and permanent mentor of rabbi Yosef. He also discovered and trained other important rabbinical leaders of our times. Among his students are: Rabbi Mordekhai Eliyahu z”l,  Rabbi Benzion Abba Shaul z”l and Rabbi Iytzhaq Qaduri, z”l. 
 
THE INSTALLATION OF RABBI OBADIA YOSEF 
AS THE RISHON LETSION (1973)
 
 
 

 



Rabbi Obadia ben Ya’aqob Yosef z”l, 1920-2013

Today is a very sad day for Am Israel. Hakham Obadia Yosef passed away at the age of 93.  Hakham Obadia was not just a former Sephardic Chief Rabbi of Israel (Rishon LeTsion) but also the Rabbi that lead the Sephardim in Israel and the diaspora to  reclaim their customs, traditions and Halakhot.  
Rabbi Obadia Yosef’s passion was the study of Tora. Particularly, all the  legal aspects of Judaism. Jewish jurisprudence is a very complex discipline. And one has to read many, many books, some of them of an encyclopedic size, in order to become a master in the field. Rabbi Yosef was probably the most knowledgeable Rabbi of this generation. He was gifted with an exceptional memory which allow him to know and quote by heart thousands of rabbinic opinions, analysis and rulings. This extensive knowledge, of course, is not the product of just an exceptional memory and mental talents but mainly of an uninterrupted dedication to Tora study. I remember that his son, Rabbi Ya’aqob Yosef z”l once told us that his own passion for studying Tora began once he saw his father gently rocking the crib of one of his baby brothers with one hand, while holding and reading a book in the other hand. 
What characterized Rabbi Yosef as the leader of the Sephardic Jewry is that besides his extraordinary knowledge he also had the courage to reclaim the Sephardic Halakhic voices of the past as authoritative and binding in the present.   That was not a small task, considering that at that time he had to openly challenge other movements and schools (revisionists, extremists, assimilationist, mystical, etc.) that also claimed to represent an authentic Sephardic approach. Most of these schools considered that rabbi Obadia Yosef’s rulings were too lenient. 
As a poseq (rabbinic legislator) his main contribution was perhaps the enhancement and the virtual reinstallation of Maran Rabbi Yosef Caro and his Shulhan ‘arukh as the ultimate authority for Sephardic Jews in Israel. “qibalnu hora-ot Maran Bet Yosef” (we accepted the rulings of Rabbi Yosef Caro) is the foundation of his Halakhic legacy.  
In the coming days, BH, I will explain a little more about his opinions and books as a humble tribute to his memory
 
 

 



Shabbat and a life threatening situation (part 1)

1. “The laws of Sabbath are suspended in the face of a danger to life (piquah nefesh) Therefore, we may perform according to the directives of a physician everything that is necessary for the benefit of a sick person whose life is in danger.” (Maimonides MT, Shabbat 2:1)
This principle is learned from the verse in Lev 18:5. HaShem said: “You shall keep My statutes and my rules; which when a person does them, he lives by them… “. Our rabbis explained: when by performing these laws “he lives” he must observe them. However, when by keeping these Mitsvot he or she would die, then the Mitsvot are suspended (except cases of yeherag ve-al ya’abor.Example: if someone tells X: kill Y or else I kill you, X cannot kill Y to save his own life)
2. Even when there is a doubt or a slight possibility to save someone’s life Shabbat must be suspended.
“When there is a doubt whether or not the Sabbath must be violated on a person’s behalf, one should violate the Sabbath laws on his or her behalf, for the Sabbath laws are suspended even when there is merely a possibility of danger to a person’s life (safeq piquah nefesh). The same principles apply when one physician says that the patient is not in danger and another physician says that he is in danger, the Sabbath should be violated on that person’s  behalf.” (Idem)
Illustrations: 1. If there is a medication or an experimental drug that has been proven to help some patients, one should suspend the laws of Shabbat if necessary to get that of medication, even when one is not positive it will save the patient’s life.  2. If a building collapsed, and there is uncertainty if a person lies under the debris or if we are uncertain if that person is still alive, the laws of Shabbat should be suspended to try to save a life.