MAIMONIDES ‘aboda zara 11:4. Let’s flip a coin!

Last week we began to describe a pagan practice called “divination” which Maimonides in Hilkhot ‘aboda zara 11:4 includes within the prohibition of idolatry. We explained that divination means “reading in nature or in trivial events messages from the gods” (see this).
In that same Halakha Maimonides refers to another type of divination. This time is not about a person reading the will of the gods in events that occurred to him or around him, but in signals that he sets for himself.   Maimonides says: “if a person sets omens for himself, e.g., if this and this happens I will do this… all is forbidden“.  For example. If a person has to make a personal decision (a business deal, a shiddukh, a medical procedure, etc.) and he says to himself: “Since I don’t know if God wants me to do this or not, I will flip a coin. If a get ‘tails’ it means that God wants me to do it, ‘heads’, God does not want me to do it.” This reasoning is apparently irreproachable. After all God definitely controls the outcome of the flipping coin.   For Maimonides, however, a person who acts upon this type of divination is transgressing a Biblical prohibition. Why? Because the person who flips the coin assumes that God is ‘coerced’ to reveal His will by making the coin land on “heads” or “tails”. And this is definitely a pagan reasoning. The quintessence of ‘aboda zara consisted of the idea that humans can force the gods to grant them information about the future, by setting imaginary preconceived omens. The ultimate goal of pagans was not to serve God (as it our goal as Jews) but to coerce the gods to serve them.  Such an attempt to manipulate God, Has veShalom, is an idolatrous and forbidden practice.    
NOTE: Flipping or tossing a coin to resolve a dispute, when both parties a priori agree to accept the results of the outcome–like what is done in a football game to decide which team will use the ball first–is an acceptable practice.  This type of method (in Hebrew goral) used for conflict resolution is mentioned in the shulhan ‘arukh, hoshen mishpat, 173:2, 174: 4,5 as a valid way by which heirs or partners would resolve their differences in dividing a piece of land, etc. 

WATCH 
Fear & Illusion
How much of our fear is based 
on a faulty perspective of reality?
by Hanan Harchol





SHABBAT, medical emergencies during Shabbat

As we have previously explained, in a case where we asses that there is danger to a person’s life (hole sheyesh bo sakana), the rules of Shabbat are suspended.

The rabbis gave some examples of this type of emergencies which require immediate medical treatment and therefore, supersede the observance of Shabbat.

1. An internal wound (maka she halal), which includes very intense internal pain or internal bleeding. The shulhan ‘arukh (328:3) also includes within this category a wound in the mouth or teeth. If we suspect that an internal organ is affected we should proceed and do whatever necessary to help the patient: call a doctor or an ambulance, bring the patient to the Hospital, etc.   Now, if we know for sure what the origin of the pain or the bleeding is, and we asses that if we wait until Shabbat is over, there will be no danger to the patient’s life, then we should wait until Motsae Shabbat (Yalqut Yosef 4:117).

2. The rabbis include within the category of medical emergencies a wound in the hand, leg, etc. caused by a metallic instrument which can provoke an infection. However, only a deep wound would be considered in our days a medical emergency. A small superficial wound should be treated temporarily with local antibiotic or cleaned with soap, etc. until medical assistance is sought once Shabbat ends. 

3. Very high fever,  a snake’s or a scorpion’s bite, etc. is also considered  a medical emergency.  

The general rule is that if the people who are taking care of the patient (or the patient himself) believe that he or she requires immediate medical assistance, they should do everything necessary to treat the patient: calling an ambulance, bringing a doctor or a nurse or taking the patient to the Hospital.  Now, if a health care professional can be easily reached without risking the patient’s life (e.g., a nurse living in the same building) one should obviously seek that professional assessment and proceed accordingly ( penine halakha,  27:233).
   

SHABBAT SHALOM

Candle lighting in NYC:   4:25 pm
Shabbat Ends in NYC:      5:24 pm


SETTING THE RED LINE ON IRAN





Rabbi Moshe Alashqar (1466-1542)

Rabbi Moshe Alashqar (מהר”ם אלאשקר)  was born in 1466 in Zamora, Spain. In 1492, when rabbi Moshe was 26 years old, the Jews were expelled from Spain. He suffered many tribulations. His ship sank and he was captured by pirates. At the end he managed to escape and established himself in Tunis, together with the celebrated Rabbi Abraham Zacuto.  From Tunis he went to Greece and in 1522 he settled in Egypt where he was part of the rabbinical court of Rabbi David ibn Zimra (The Radbaz).   He was one of the greatest rabbinical authorities of his time and as such he was consulted from all over the world.  He wrote many books, some of which were never printed. One of his works is the Hasagot (=refutations), against the arguments of Rabbi Shem Tob ben Shem Tob in the sefer ha-emunot, who was critical of Maimonides’ More Nebukhim. Rabbi Alashqar was a strong supporter of More Nebukhim and, in general of Maimonides ideas (You can find the Hasagot in teshuba קי”ז. See below). In 1539 he established himself in Erets Israel. He died in 1542 and was buried in Yerushalayim. 
His most famous book is Teshubot Maharam Alashqar, a book of 120 questions and answers on all topics.  One example (Teshuba צ”ו). The original questions deals with a child born in the twilight between Friday and Shabbat. While analyzing the different opinions on the Halakhic ending of a day and the beginning of a new day, Rabbi Alashqar quotes the Talmud in Pesahim 94. The Talmud records a disagreement between the Jewish sages and the Greek sages.  The Jewish sages–the Rabbis–originally thought that during the night the sun goes above the “arch of heaven”, while the Greek sages believed that the sun went below earth. At the end, the Talmud concludes, the Rabbis admitted that the Greek sages were right, because at night oceans, rivers and lakes are warmer. The Tosafot and Nahmanides thought that since the Rabbis cannot be wrong what the Talmud meant to say is that the Rabbis admitted that the reasoning of the Greek sages was right, but not the facts (Actually, the opinion of Rabbenu Tam for whom the sheqi’a is 72 minutes long is based on the idea that at night the sun travels above the heavens arch. And precisely because the Rabbis admitted that the sun does not travel above heavens, Rabbi Alashqar rejects the sheqi’a of Rabenu Tam).  Maimonides, on the other hand, asserted that we should understand the admission of the rabbis literally. The Rabbis reassessed their opinions based on the new found facts. For Maimonides this admission, far from undermining the Rabbis authority, is a sign of their integrity in the pursuit of the truth.   Rabbi Alashqar sided with Maimonides and he explained that the Rabbis are the supreme and uncontested authority in Jewish Law (like the Supreme court of Justice) but in other areas (science, for example) where they did not receive a oral tradition, the Rabbis opinions were left open for debate.     
To download the book of Rabbi Moshe Alashqar click here  



KASHRUT: What makes a fish Kosher?

The Tora says: “These you may eat, of all that are in the waters. Everything in the waters that has fins and scales … you may eat. But anything in the seas or the rivers that has not fins and scales … is forbidden to you” (Lev. 11:9-11). Both elements, scales (qasqeset) and fins (senapir) are necessary for a fish to be considered Kosher. The Rabbis of the Talmud taught that although both elements are necessary, all fish with scales also have fins. Thus, in practical terms, a Kosher fish is identified simply by the presence of scales (the scales are obviously removed in the process of cleaning the fish). Illustrations: Salmon, Tuna, White fish, etc. are Kosher (more specifically tabor)  because they have scales.  Crustaceans such as lobster or squid, clams, oysters, etc. are not Kosher (they are ta-me) because they lack scales.
SCALES: Some “scales” not considered Kosher by Jewish Law. For example, when the scales are part of the fish-skin and cannot be removed without damaging the skin. Illustrations: Sturgeon, although it has primitive bony-plates on its sides, is not Kosher because its scales (Gandoid scales) cannot be removed without damaging the flesh. Sharks are also non-Kosher fish. Their skin is covered with tiny teeth-like armor (placoid scales) which look like scales.
NAMES: When looking for a Kosher fish bear in mind that the names might vary from place to place. A given specie of fish might be known by five or more names and some of those names might sound Kosher. Illustration: We know that salmon is Kosher. But what about “Rock Salmon”? Is Rock salmon a standard variety of salmon, like Pink Salmon, Atlantic Salmon, Wild Salmon?   Rock Salmon (very popular in England) is a non-Kosher fish, a small shark known as spiny-dogfish, which bears no relationship to the common Kosher specie of true salmon.
For a comprehensive list of Kosher and non-Kosher fish see this

 




Maimonides ‘Aboda Zara 11:4: Divination and other superstitions

People always longed to know what the future holds, either out of  curiosity or mainly in order to anticipate unseen dangers. All ancient civilizations – and even some cultures of today – used all kind of methods to predict the future.  One of them is “divination”, i.e., reading in nature or in trivial events signs and indications for what the future awaits.  In Hilkhot ‘aboda zara 11:4 Maimonides explains that the Tora condemns this practice and brings some illustrations of divination: “For example, those who say: Since a piece of bread fell out of my mouth, or my staff fell from my hand, I will not travel to this place”. Or, “Since a fox [today we would say: a black cat] passed on my right side, I will not go out of my house, since if I were to go out, I would encounter a bad person”. In our days we call this practices “superstitions”. But because superstitions include many different categories, we should see these cases (=reading signs) as “divination”. 
Ancient civilizations had seers and wizards who, for example, would read signs in the internal organs of slaughtered animals or would wait in the forest to listen the chirping of the birds. The bird’s songs were taken as messages from the gods or magic spirits. Maimonides continues: “Similarly, [this category includes] those who hear the chirping of a bird and say: This will happen or this will not happen; it is beneficial to do this or it is detrimental to do this.”
The idea behind “divination” is that the gods are sending a message, warning against unpredicted dangers.  We Jews do not believe that nature embodies divine attributes.  We Jews believe that God’s instructions for our life are explicitly expressed in the Tora, not hidden in natural phenomena.  The practice of divination is a desperate attempt to escape the responsibility to choose, probably out of fear of unpredictable outcomes. Connecting the dots between the chirping of the birds etc., and what the future awaits, is the product of a rich imagination and self-deception. We Jews do not read imaginary signs in nature. We read God’s will in the Tora, and exercise our freedom of choice. 
Some present day politicians believe that birds are still carrying messages from the spirits. See this  




Halloween

QUESTION FROM A READER: Since we came to America, we celebrate Thanksgiving, is it OK for my family and I to celebrate Halloween? 
There are significant differences between Thanksgiving and Halloween. Thanksgiving is a civil holiday which has its roots in historical events, and has no traces of any practices related to idolatry. Most rabbis I know would not be opposed to celebrating Thanksgiving in America.  
Halloween, on the contrary,  has unmistakable pagan origins, deeply rooted in ancient idol worshipping practices. And although in our days its celebration might not be oriented toward idol worshiping, Halloween still possesses many elements related to idolatry. As we all know, idolatry or ‘aboda zara is the most serious offense in Judaism. Idolatry consists of numberless rituals, superstitions, magic and mythical beliefs. One particular subject that might be considered the most prominent motif of pagan culture is “death”. The aftermath was a scary mystery, which triggered extreme anxiety and agitation. Dead people, their spirits, were often an object of fear and cult. Halloween is no exception. “All-hallow-even” celebrates the “day of all (dead) saints”. The Celts, that is as far as Halloween goes, celebrated Halloween at the end of the summer, a time when they believed the evil spirits and souls of the dead visited the world of the living. The idol worshippers considered the dead as Hollywood today considers the “zombies”: bad and dangerous. The dead came back angry, for revenge, or to recruit newcomers. Pumpkins, which resembled the unpleasant faces of the dead, were carved to welcome them. And large fires would be lit to assist the dead finding their way into the world of the living.  Food, particularly sweets, would be left outside the doors to feed the ghosts (those who assisted the dead would be left in peace by them…). Cats were specially important in Halloween because cats, they believed,  could smell the presence of the invisible spirits. A black cat, however, was avoided (or killed) because witches or evil spirits reincarnated into black cats. The devil himself will come that night from inferno. The Druids, the Celtic priests–who would wear customs to make the dead think they were one of them–would knock randomly on the doors to request sacrifices for the devil or the revengeful ghosts (preferable a young son or a virgin daughter).   
As you can see from this brief description, Halloween might look fun or even innocent but it is deeply rooted in idolatry and cult to death. In one way or another, most (or all) elements that were part of the old-pagan-Halloween are still present today.   Therefore, we should avoid participating in any way, active or passive, in Halloween.  
As a side note, I personally think Halloween provides a great educational opportunity. How so? Heavy idolatry was the norm in ancient days. We Jews fought against it since the day Abraham broke his father’s idols. But many times I find it very difficult to describe to my children or my students the environment of idol worshipping. And when you realize the real dimension of ‘aboda zara, the human sacrifices, the religious promiscuity and the numberless of superstitions and delusions, you really appreciate our aversion for ‘aboda zara, etc. Halloween is an opportunity to help our children identify and stay away from ‘aboda zara, felling proud and privileged of being the children of Abraham Abinu.  
Shabbat Shalom!
Candle lighting in NYC:       5.33 pm
Shabbat ends in NYC:           6:32 pm




Rabbi Isaac ben Abraham Abohab (Spain, 14th Century)

Rabbi Isaac ben Abraham Abohab was a Talmudic scholar from Spain. We do not know the exact dates of his birth or death, or where exactly did he live. There were at least another two Rabbis with a similar name: Rabbi Isaac Abohab, the Gaon of castilla (b. in Spain, 1433-1493), and Rabbi Isaac Abohab de Fonseca (b. in Portugal, 1605-1693).
Our rabbi Isaac Abohab is known for his pen name, Menorat haMaor,  his most celebrated book. Rabbi Abohab was a very learned man in Talmud, all aspects of rabbinical Judaism  and also in classic philosophy.   He was a businessman, not a community Rabbi. Toward the end of his life he dedicated almost exclusively to write Menorat haMaor. In his introduction, and out of a deep sense of humility, he assures his readers that he composed his book chiefly for his own use as a public speaker.
Menorat haMaor, “A shining menora”  is a book that contains the ethical and spiritual teachings of the Rabbis of the Talmud, some times with the commentaries of Geonim and other rabbinical authorities. It is considered a classic and it serves as a virtual encyclopedia of Jewish values. It touches upon subjects dealing with human nature and human psychology.
It is divided into seven nerot, candles or branches, like the Biblical Menora. Each branch represents one principle of Jewish ethics.
The 1st branch, for example, deals with identifying and avoiding excessive behaviors. It follows the Rabbis’ statement that there are three “pitfalls”, that if not avoided, might cause our own destruction. Envy (excessive competition, destructive jealousy), lust (obsession for food, sex or money) and kabod (obsession with self glory, recognition, image).  In this chapter the author describes in detail each of these categories, the outcome of following these paths and the ways to stay away from them.
Menorat haMaor became one of the most important books in Sephardic communities and beyond. It is a book that could be read and reread to find inspiration and guidance for virtually all areas related to our daily life. Menorat haMaor is not a short book and it was studied in Talmud Tora by young children and also by adults, every Shabbat before Minha. This custom persists even today in several Sephardic communities.  Yemenite communities have an enormous esteem for Menorat haMaor and in some Yemenite congregations, to this day, it is the subject of their daily Tora studying
The book Menorat haMaor was published dozens of times. Including several contemporary editions. It was translated to Spanish, German, Yiddish and parts of it into English (I do not know if is there a complete English translation…). 
 
These are the subjects of the seven nerot or branches (in my own words) 
1st branch: Avoiding excesses.
2nd branch: Keeping away from damaging or negative speech. 
3rd branch: Diligence in the observance of Mitsvot.
4th branch: The value of studying Tora consistently.  
5th branch: Teshuba, the ways and practice of repentance. 
6th branch: The pursue of peace and harmony.  
7th branch: Behaving with humbleness and simplicity. 
You can download the book Menorat haMaor from www.hebrewbooks.org

 




Rabbi Obadia Yosef and Halaq meat

Last time (see here) we explained that the Hebrew word “Halaq” (Halak) means “smooth”, and Halaq meat refers to red meat coming from an animal whose lungs are completely healthy and without any sirkhot (fibers, filaments). The presence of these filaments render that meat forbidden, according to the Sephardic tradition.  The Ashkenazi custom, however, is more lenient in this case, and it authorizes non Halaq meat when some removable sirkhot were found in the animal lungs (Ashkenazi Jews who adopt a stricter opinion consume Glatt meat).  This debate is already found in the Shulhan ‘arukh. Rabbi Yosef Caro, the author of the Bet Yosef/Shulhan ‘arukh, adopted the stricter view. That is the reason Halaq meat is known and marketed today as “Halak Bet Yosef”.    
  
Rabbi Obadia Yosef z”l emphasized very much that Sephardic Jews should continue the tradition of their ancestors and consume exclusively Halaq meat.  When Rabbi Yosef began this clarification campaign, in the early 80’s, he found a big opposition, not just from an Halakhic standpoint but mainly because the Israeli food market had already adopted the more flexible Kashrut standard. This new requirement was going to affect not just the butchers but also restaurants, hotels, caterers, etc. What is more, even the average Sephardic Jew was not very enthusiastic about Halaq meat because it was very difficult to find.  I remember in 1982, when I was a rabbinical student, there was just one butcher in Yerushalayim, Mahane Yehuda, that sold Halaq meat. And the price was almost double the price of the standard Kosher meat. 
Winning this battle took Rabbi Yosef many years of struggle, but today we can see the fruits of his persistence. In Israel, in NY and in many other cities in the world, the standard meat for Sephardic Jews is Halaq Bet Yosef. 
We should clarify that the category “Halaq meat” applies specifically to cow meat. Chicken or turkey, for example, do not have problems of sirkhot, and their lungs are not even checked. So the Halak concept does not apply in the case of poultry. Therefore, for white meat, the Sephardic and Ashkenazi Kashrut standards are exactly the same. 

This is a recording from the famous classes that rabbi Obadia Yosef z”l used to teach Saturday nights in the Bet haKeneset shel Yazdim, for many years.  This class is from the 80’s and its main subject is the development of Basar Halaq in Yerushalayim (audio only, Hebrew). 





Why do we cover our heads?

אסור לילך בקומה זקופה, ולא ילך ארבע אמות בגילוי הראש
2:6 “It is forbidden to walk in an upright posture, and a man should not walk with his head uncovered for four cubits (6 feet).” 
The textual source of these two Halakhot is the same: TB, Qiddushin 31a. The trained student, however, will notice a difference in the way these two rules are presented.  While walking in an upright position is classified as “forbidden”, walking with the head uncovered is not.
Why?
All Rabbinical laws have their origin in the Talmud, and the later Rabbis paid close attention to the way the laws were formulated.  In the case of walking upright the Talmud quotes rabbi Yehoshua ben Levy who said: “It is forbidden to walk erected”.  Rashi explains that in light of God’s Omnipresence walking in an upright position is considered a sign of arrogance. We should walk with humbleness.
On the other hand, when talking about covering one’s head the Talmud does not bring a general rule, but the case of Rab Huna. “Rab Huna never walked [even] four cubits without covering his head. Rab Huna said: God’s Presence is above me”. In another text Rab Huna emphasized the exceptional nature of his behavior: “I should be rewarded for never have walked four cubits with my head uncovered”.
All rabbis agreed that as opposed to “walking upright”, “walking with the head uncovered” is not a universal prohibition but Middat Hasidut: a personal stringency.   Maimonides classified this kind of personal regulations, brought very often in the Talmud, as mandatory for Tora Scholars. Maimonides dedicated one whole Chapter, Hilkhot De’ot Chapter 5, to the standards of behavior of Talmide Hakhamim (Tora Scholars) which are obviously, way above the normal standards.  In Halakha 6 he mentions that a Tora Scholar should not uncover his head.
On the other hand, and formulated as “one should not”,  the Shulhan ‘arukh, following the Tur, did no limit this indication to Talmide Hakhamim but to everyone else, as a permanent reminder of God’s presence.
The above mentioned discussion refers to “walking” with the head uncovered (at the workplace, in the street, etc.) . However, in the Synagogue, when praying or when studying Tora, the head must be covered.



Giving birth on Shabbat

A woman who is about to give birth (contractions or breaking water) is considered as a case of a hole sheyesh bo sakana, a patient in a serious condition. It is permitted, therefore, to help her, assist her and do whatever is necessary for her to arrive to the Hospital. Still, the Rabbis indicated that since as opposed for example to a patient having a heart attack, the mother-to-be is not in a life threatening situation, the actions forbidden in Shabbat (=melakhot) should be performed in an irregular way (‘al yede shinuy) or by the help of a non-Jew. Thus, rendering those melkahot to the category of Rabbinical as opposed to Biblical transgressions.      
Likewise, if one has to choose between taking his own car or a taxi, it is better to take a taxi, even if one has to phone-call the taxi, because parking the car (turning off engine, lights, etc) might be an issue with one’s own car (yalqut yosef Shabbat D, 297).  An ambulance is also a better choice than your own car.
All these indications–doing things in a irregular way or calling a taxi instead of taking your own car, etc.– are suspended if one knows or suspects that by doing them the mother or the baby might be in danger.  In case of a life threatening situation Shabbat is cancelled (hutra), which means that it has to be considered as if it was a weekday.
It is also permitted to travel with the mother, even when an ambulance is driving her and, technically, there is no practical need for someone else.  We learn this Halakha from an explicit Mishna that authorizes to do a forbidden activity on Shabbat (=lehadliq ner) just to calm down the mother at such a sensitive time (liyasheb et da’atah shel hayoledet).
Once one knows that his wife might be giving birth in Shabbat, a handbag with all the paperwork needed for the Hospital and all the basic things needed for Shabbat ( like food, a siddur, etc.) should be prepared before Shabbat. It is also recommended  to  contact a taxi company or a driver and pay him for his service before Shabbat.
Shabbat Shalom!
Candle lighting in NYC: 5:42 pm
Shabbat ends in NYC: 6:40 pm