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.

Third Commandment: You shall not “carry” the name of God in vain.

In Jewish tradition the third commandment “LO TISA” refers to the prohibition of swearing in the name of God in vain or unnecessarily (shebu’at shav). Following Maimonides, it also extends to the prohibition of reciting a blessing in vain. Why? Ashebu’a is basically a statement, an affirmation of a belief or a fact. In a blessing we are also making a statement. We assert an idea or a belief about God, while pronouncing His name. For example, when I say the blessing “bore feri ha’ets” I’m not saying “Thank You God for this fruit” but literally: “Blessed are You, HASHEM our God, King of the universe, who is the Creator of the fruit of the tree”. In other words: I’m stating and acknowledging that You -HASHEM- are the Creator of this fruit. Therefore, if I pronounce this or a similar statement unnecessarily I would be transgressing the third commandment. This is the source of the halakhic principle: “safeq berakhot lehaqel“. Which indicates that in a situation where I’m not sure if I should or should not say a berakha I should abstain, lest I recite an unnecessary berakha (lebatala) and transgress LO TISA.

The former Chief rabbi of Israel , Rabbi Shelomo ‘Amar, explains that this commandment also extends to a different area. The words LO TISA which are commonly translated as “You shall not take…” literally mean: “You shall not ‘carry’ the name of God in vain”. He sees LO TISA also as a warning against showing-off religiosity or piety. Rabbi ‘Amar denounces the unfortunate practice of some people who would disguise themselves as pious, adopting publicly extra restrictions, performing eccentric movements while praying, or carrying out religious acts in unusual ways with the intention of impressing people and making them believe that he is a pious Jew. This behavior will be an example of “carrying God’s name in vain”. Pretending that one does something with God in mind when in reality is doing it for his or her own interest.

Rabbi ‘Amar explains that contrary to those who display religious zeal in public to impress others, a real pious Jew is first of all humble, and his piety is observed privately and discreetly.

You can read the full article of Rabbi ‘Amar here (Hebrew).

Maran Rabbi Yosef Caro (1488-1575)

Rabbi Yosef Caro (also Karo or Qaro) was born in Toledo, Spain in 1488. In 1492, at the age of four, he and his family were forced to leave Toledo due to the expulsion of the Jews from Spain. His family settled in Portugal. In 1497 the Jews were also expelled from Portugal. The Jews were invited to establish themselves in the Ottoman empire. The Caro family settled in the city of Constantinople. His father Epharim Caro was his first and most important teacher. Rabbi Yosef Caro’s earliest work was the Kesef Mishne a commentary of Maimonide’s Mihsne Torah, where he shows the Talmudic sources and the logic behind Maimonides rulings. His most famous book is the Shulhan ‘arukh, considered the main Code of Jewish Law (see here)

In 1535 Rabbi Yosef Caro arrived to Tsefat (Safed, Israel). There he met Rabbi Ya’aqob Berab who planned to reinstitute the semikha, i.e., the formal rabbinical ordination that will enable Rabbis to legislate in all subjects and for all the Jewish people. The intention of Rabbi Berab was to establish a Bet-Din in Tsefat that will be the undisputed Halakhic voice, coming from Israel, for all Jews in the world. Solving thus the current situation in which each Jewish community had its particular and separate Halahkhic practice and customs.

Rabbi Berab ordained four Rabbis, one of the was Rabbi Yosef Caro. According to the Hida, rabbi Yosef Caro was ordained in addition by 200 rabbis from Erets Israel and the diaspora (The title Sephardic Jews have reserved for Rabbi Yosef Caro is “MARAN” which in Hebrew stands for: ממאתים רבנים נסמך = “The one ordained by 200 Rabbis”). The Hida explained that when one follows the Shulhan ‘Arukh is not following the opinion of one rabbi but of 200 Rabbis. At that time, 200 Rabbis represented the majority of the rabbis of the world. This is the source of the extraordinary authority given to Rabbi Yosef Caro, and the main reason why the Shulhan ‘arukh was accepted by all Jews as final and conclusive.

Maran Rabbi Yosef Caro died in Tsefat in 1575.

Some of his books are

Kesef Mishne (כסף משנה) a commentary to Maimonides Mishne Tora

Bet Yosef (בית יוסף), a monumental commentary on the Arba’a Turim from Rabbi Ya’aqob ben haRosh. This book was aimed to systematize the laws and customs of Judaism.
Shulhan ‘Arukh (שולחן ערוך). Although it is a brief and practical summary of the Bet Yosef it is considered the unquestioned authority of the whole Jewish world.

Bedeq ha-Bayit (בדק הבית) additions and corrections to Beth Yosef.
Kelalei ha-Talmud (כללי התלמוד) a book on the methodology of the Talmud.

Click here to download the first edition of the Shulhan ‘Arukh, Venezia, 1565

What you might not know about the shulhan ‘arukh.

The shulhan ‘arukh is known to be “the Code of Jewish Law”, and “the most authoritative legal code of Judaism”.

Here is what most people don’t know about the shulhan ‘arukh.

A SUMMARY OF BET YOSEF

The shulhan ‘arukh, written by rabbi Yosef Caro (1488-1575) is NOT an independent book. It is a summary of the monumental book written previously by rabbi Yosef Caro himself, the Bet Yosef . In the Bet Yosef (it took him 32 years to write this book) rabbi Caro examines and analyses Jewish Law from the Talmud through the interpretation and commentaries of the most important Rabbinical authorities up to his own time. In the theshulhan ‘arukh rabbi Caro wrote the halakhic conclusions of the Bet Yosef. Rabbi Yosef Caro wrote the shulhan ‘arukh for the sake of Tora scholars who need to have an accessible brief halakhic guide. He also states in his introduction that he writes this short book (in terms of its text, the shulhan ‘arukh is perhaps 3% of the Bet Yosef) to be memorized by the young students. He also divided the shulhan ‘arukh in 30 sections so it can be reviewed once a month. All this implies that before reading the shulhan ‘arukh one must read the Bet Yosef. The shulhan ‘arukh cannot be properly understood, let alone, used as a source of law, without studying first the Bet Yosef.

FOR SEPHARDIM and ASHKENAZIM

The Bet Yosef/shulhan ‘arukh was written explicitly as an attempt to bridge the gaps between Sephardim and Ashkenazim. In his introduction to the Bet Yosef, Rabbi Caro sates that in his days the Tora became like multiple Torot. He identified mainly three traditions. The Spanish communities who followed Maimonides, the Franco-German tradition who followed the Rosh, and the North african communities who followed the Rif. Rabbi Caro based his Bet Yosef on the book who follows the Rosh (The “TUR”, written by the Rosh’s son), and as a rule, to establish the final Halakha he followed the opinion of the majority of these three Rabbis. In this way, he hoped, Sephardim and Ashkenazim, would compromise some of their previous customs and all Jews would follow and adopt one single set of Laws.

(To be continued…)

MUST WATCH

Teshuba and Jiminy the cricket

Our conscience is an integral part of the makeup of our Neshama (human soul). Like Pinocchio’s cricket, Jiminy, its mission is to warn us whenever we are about to do something wrong. Conscience, moral awareness, is the most effective mental mechanism which protect us from bad behavior. For instance: If we are about to say something negative about someone else (lashon haRa) ideally, our conscience will scream from within and demand us to stop: ‘Don’t do it! This is very wrong!’ .

But, what happens when we don’t listen to the first alert-call of our conscienceand we still do it? How many times our conscience will keep warning us?

As a rule, our conscience would shout very loudly the first time or two. But then, if we keep doing the wrong thing, the conscience’s voice becomes weaker and lower. To the point that, if we persist, our conscience turns virtually mute.

Maimonides describes very vividly this passive moral-state as ‘the lethargy of our conscience’.

The Torah’s cure for the sleeping conscience is the Shofar. The Shofar is the alarm-clock of our consciences. The Shofar has a shocking positive effect on us.Its loud voice represents and helps us to retrieve the original loud voice of our dormant consciences.

In the words of Maimonides (3:4) the Shofar of Rosh haShana carries a strong message :

‘Wake up you sleepy ones from your lethargy, and you who slumber, wake up! Inspect your deeds, repent and remember your Creator…Look at your souls. Improve your ways and actions, and abandon your evil paths and bad thoughts’

The fast of Gedalia

Today is the fast of Gedalia, a fast-day instituted by the Rabbis to remember the assassination of Gedalia Ben Ahiqam, the governor of Israel during the days of Nebukhadnetzar, King of Babylonia. The fast is observed on the 3rd of Tishri, the day after Rosh haShana. This year, because Rosh haShana was followed by Shabbat, we fast today, the 4th of Tishri.

When Nebukhadnetzar destroyed the Temple (586 BCE) and exiled the Jews to Babylonia, he allowed a few Jews (mainly poor farmers) to remain in Israel and work the land. He appointed Gedalia Ben Ahiqam as their governor. Many of the exiled Jews were planning to return shortly from Babylon to Israel to work the land under the auspices of the king of Babylonia, hoping that eventually the Babylonian King (or his successor) would allow all the Jews to reestablish again in their land.

A Jew from Davidic descendant, Yishma’el Ben Netania, was opposed to the appointment of Gedalia because he did not belong to the Davidic dynasty. And he conspired to assassinate him. Simultaneously, Ba’alis, the King of Amon (=today Jordan) knew that a Babylonian appointed governor, Gedalia, would mean an easier access for the Babylonian to conquer Amon. Ba’alis then encouraged Yishma’el Ben Netania to assassinate Gedalia. In the seventh month (Tishri) Yishma’el and a group of men came to Gedalia in the town of Mitzpa where they were cordially welcomed with the honors due to descendent of Davidic dynasty. Gedalia had been warned of his guests murderous intent, but he refused to believe his informants, convinced that a Jew would never kill another Jew and compromise their hopes for redemption. However, Yishma’el and his men murdered Gedalia together with the Jews who had joined him in Mitzpa and numbers of Babylonians whom Nebukhadnetzar had left with Gedalia. Fearing the vengeance of the Babylonian king, the few Jews that were left in Israel to work the land fled to Egypt. And Israel remained virtually without Jews. Thus, the exile of the people of Israel from its land reached its highest peak. And the hopes for returning to the land vanished.

In remembrance of this tragedy our Sages instituted the Fast of Gedalia.

The fast is observed today from daybreak till nightfall ( 7.37 pm , NYT).

Who is exempted from fasting today?

Minors: boys under 13 and girls under 12 years old are completely exempt from fasting.

Nursing women: According to the Sephardic Minhag, after giving birth women are exempted from fasting for 24 months, even if they are not actually nursing their baby.

Pregnant women are exempt from fasting today.

A person who feels ill, or who experiences symptoms of flu or fever, or a person with a chronic disease, such as diabetes, should not fast today.

Elders should consult with their physicians if the fast will not affect their health. If it will, they are exempted (and in some cases, prohibited) from fasting