Volume 55 Number 78 Produced: Wed Sep 19 6:14:46 EDT 2007 Subjects Discussed In This Issue: The Baal Shem Tov and Talmud study [Saul Mashbaum] Fruit juice requires a hechsher [<chips@...>] Hechsher on Fruit Juice [Hosseinof, Joshua] Tzavaas HaRivash (2) [Frank Silbermann, Alex Heppenheimer] Tziva'at HaRivash [Yisrael Medad] ---------------------------------------------------------------------- From: Saul Mashbaum <smash52@...> Date: Tue, 18 Sep 2007 21:49:35 +0200 Subject: RE: The Baal Shem Tov and Talmud study The suggestion of some of the early chassidic masters that learning Talmud is not necessarily the highest form of avodat Hashem (divine service), and must not be allowed to interfere with the higher activity of clinging to G-d, understandably seems scandalous and almost heretical to some of us, and surely shocked the rabbinic establishment of the time. It seems to me that this is not the first time such a position was expressed by a major religious leader, and lead to great controversy. The Rambam, both in the Moreh Nevuchim and in the Mishne Torah, Hilchot Yesodei HaTorah, makes it clear that the highest form of religious experience, for those capable of it, is the philosophical contemplation of Hashem. It is reasonable to believe, as many did in fact did, the the Rambam would hold that engaging in this activity puts one on a higher spiritual level than engaging solely in Talmud study, although the Rambam also very emphatically supports and praises such study. Indeed, this position of the Rambam aroused much opposition, leading to the Maimonidean controversy of the 1200's, and indeed the banning of some of the Rambam's works, subsequently largely rescinded. Surely the intellectual activity the Rambam promoted was different from the presumably more emotional clinging to Hashem the chassidic masters laid emphasis on, but the principle is very similar. Both controversies were resolved with an accomodation between the opposing camps. It is fair t o say that while the chassidic movement became a major force within Judaism, the philosophical thrust of the Ramban, presumaby because of its elitist basis, has not gained such wide acceptance, and probably almost no one nowadays would hold that philosophical contemplation of the godhead is spiritually superior to Torah study. GCT. Saul Mashbaum ---------------------------------------------------------------------- From: <chips@...> Date: Mon, 17 Sep 2007 18:17:34 -0700 Subject: Re: Fruit juice requires a hechsher > WRT several of the posts: > > 1) the addition of grape juice would not be problematic according to rav > moshe, as it is battel beechad beshes. However, even if one does not > wish to follow rav feinstein, addition of grape juice would be on the > label - this wouldn't be pure apple juice. somewhere in the archives there is a copy of a post of mine that relates to this. I'm guessing in the mid 90's. I had asked a Rav haMachshir in New England about using fruit juices that listed grape juice way down the ingredient list. When he said no, I countered with Rav Moshe psak. His response ws that he did not allow his congregants to use canadian whiskey even though Rav Moshe paskened it was ok. i believe it is a matter of fact that the Rav haMachshir's that allow for Rav Moshe psak in regard to grape as an additive are in the distinct minority, something less than 16% :) ---------------------------------------------------------------------- From: Hosseinof, Joshua <JHosseinof@...> Date: Mon, 17 Sep 2007 10:43:59 -0400 Subject: re: Hechsher on Fruit Juice I think a posting by Prof. Marc Shapiro may clarify the position of the kashrut agencies in requiring certification on 100% pure fruit juices, even for juices containing no grape juice or indeed for any situation where a hechsher is required because of machinery that is also used for non-kosher runs. The URL is http://www.kashrut.org/forum/viewpost.asp?mid=4915 and I have quoted it below: "Rav Henkin, who together with R. Moshe Feinstein was the leading halakhic authority in the U.S. in the 1950's and 1960's, is quoted as saying that the entire basis for the existence of the kashrut organizations is the view of the Rashba. What did he mean by this? There is a machloket rishonim and the Rashba holds that if a non-Jew, in the normal process of making a food product, adds some non-kosher element, even a very small percentage, then it is not batel. Bittul only works when it falls in by accident. This view is known by those who study Yoreh Deah since it is quoted in the Beit Yosef. If you look at any of the standard Yoreh Deah books you will find, however, that the halakhah is not in accordance with this Rashba. Rather, any time the goy puts a small amount of treif into the food it is batel, even if it is intentional on his part. There is a famous Noda Biyehudah that discusses this at length. See Mahadura Tinyana, Yoreh Deah no. 56 where he permits a drink that was produced using treif meat in the production but the amount of meat was very small and could not be tasted. He states that it is permissible. There is a Rama who has a teshuvah and states similarly. (I am sure if you describe the Noda Biyehudah's case to people, even learned ones, and say that there is a contemporary rabbi who permits this, they will mockingly refer to him as a Conservative or Reform rabbi since in their mind no "real" rabbi who knows halakhah could ever permit something that has non-kosher meat in it!) So now we can understand R. Henkin's comment. If you go to the kashrut organizations' websites and speak to them they will tell you that you need the hashgachah because sometimes the runs are not properly cleaned between kosher and non-kosher or milk and meat and some slight amounts of the objectionable ingredient might remain (yet here even Rashba will agree that it's not a problem!), or they tell you about release agents or that small amounts of ingredients are not listed on the label, etc. etc. The Rashba indeed holds that these last cases are problematic, but the halakhah is not in accordance with the Rashba. The hashgachot have raised the bar and are now operating at a chumra level here as well as in other areas. But the average person has no idea about any of this and has never even heard about the concept of bittul. Even if you explain the concept of bittul to him, his response will be: "OK maybe this is the strict halakhah, but I'm not starving so why should I eat something that we had to rely on bittul for. A person who cares about kashrut won't eat something that has even the smallest amount of treif." Since people haven't been educated about the halakhot, they assume that bittul is a kula to be used in emergency situations, and it is not their fault that they believe this, since this is the view that the kashrut organization hold and publicize. There is a good article waiting to be written about how in the last thirty years we went from halakhah to chumra when it comes to food issues." Marc Shapiro wrote the above as an explanation of the philosophy of the website kashrut.org run by Rabbi Abadi and his sons when they offer their kashrut pesak's based almost always on just the ingredients panel. As there are at least a couple of readers on Mail-Jewish involved in the kashrut agencies it's possible that they may wish to offer a different perspective on this issue. ---------------------------------------------------------------------- From: Frank Silbermann <frank_silbermann@...> Date: Mon, 17 Sep 2007 21:18:17 -0500 Subject: Tzavaas HaRivash > Judge for yourselves. I quote the Tzavaas HaRivash, not from where the > whitewash comes, but from chapter 117: " ach hatzer harah mefateh oso > shelo yilmod aize davar sheyavo lo yiras shamayim meza, k'mo sifrei > musar o shulchan aruch leda hadin al buryo, ach mefateh oso sheyaasok > tamid rak b'gemara im kol hamefarshim". > > My translation: "The evil influence seduces him not to learn things from > which he will have fear of heaven, as in books of musar or the halachic > codes to know the halacha clearly, but rather it (the evil influence/ > yetzer hara) seduces him into always learning only Talmud and its > commentaries". > > Is this is not a clear rejection of the basic principles of Torah study > according to the historical tradition? That depends. _Is_ it a basic principle of Torah study, according to the historical tradition, to learn only Talmud and its commentaries, and never, say, books of mussar or halachic codes? Frank Silbermann Memphis, Tennessee ---------------------------------------------------------------------- From: Alex Heppenheimer <aheppenh@...> Date: Tue, 18 Sep 2007 17:32:22 -0700 (PDT) Subject: Re: Tzavaas HaRivash In MJ 55:76, Yossi Ginzberg responded to me: >Judge for yourselves. I quote the Tzavaas HaRivash, not from where the >whitewash comes, but from chapter 117: " ach hatzer harah mefateh oso >shelo yilmod aize davar sheyavo lo yiras shamayim meza, k'mo sifrei >musar o shulchan aruch leda hadin al buryo, ach mefateh oso sheyaasok >tamid rak b'gemara im kol hamefarshim". > >My translation: "The evil influence seduces him not to learn things from >which he will have fear of heaven, as in books of musar or the halachic >codes to know the halacha clearly, but rather it (the evil influence/ >yetzer hara) seduces him into always learning only Talmud and its >commentaries". > >Is this is not a clear rejection of the basic principles of Torah study >according to the historical tradition? > >Let me make clear- I have no gripe against chassidus. That battle has >long ago been conceded, and anyway I am (at heart, anyway) not anti at >all, I am just very pro-emes. So let me see if I get this straight. Within a single book, which consists of statements by the same person, a passage that doesn't fit one's preconceived notions (namely sections 29-30 that I quoted) is a "whitewash," while another passage that can be used to support one's claim is "clear." (Whereas of course it might of course be exactly the other way around: secs. 29-30 representing the Baal Shem Tov's opinion, sec. 117 being a paraphrase based on a misunderstanding.) So perhaps there is something less, or more, than being "very pro-emes" here? But very well, let's look at section 117. (I have never learned Tzavaas HaRivash, so I wasn't aware before of what it says there; thanks for bringing it to my attention.) Picture a Torah scholar, during the twilight years of the first Beis HaMikdash, who is getting ready to sit down and study Torah, and who takes the view that he'd prefer to skip reciting the berachah on it (in which he'll acknowledge Hashem as its Giver), since that will leave him more time for actual learning. A Torah sage, or even a prophet, might commend this person for his single-minded devotion to Torah learning; but Hashem differs, and cites it as a major contributing cause to the Churban (Nedarim 81a, from Yirmiyah 9:12), and as the "gateway" to more serious aveiros (the following verse in Yirmiyah). Shall we say, then, that Hashem is thereby denigrating Torah study? But actually, that scenario has more to do with sec. 29 than with 117, because 117 includes the key phrase "o Shulchan Aruch, leida hadin al buryo" ("or the code of Jewish law, from which you would know the law properly"). Without that phrase, sec. 29 and 117 are saying the same thing; but the addition of these words creates a different perspective. Sec. 29 posits a conflict between the values of Torah study and deveikus (and proposes how to resolve this conflict); 117 describes a dichotomy between theoretical and practical study, and that the latter (which in turn is necessary in order to fulfill the mitzvos correctly, in the spirit of "lo am haaretz chassid") is necessary in order to give meaning to the former. This is a perspective that we find amply in Chazal ("Torah study is greater, _because_ it leads to action" (Kiddushin 39b), and "one who says that he has only Torah (without observance - Rashi), does not have even Torah" (Yevamos 109b). So section 117 is articulating an idea that is indeed fully in keeping with "the basic principles of Torah study according to the historical tradition"; it's the behavior it decries - which evidently was common enough then to warrant comment - that was a departure from what Torah study should be. (If anything, you could argue that sec. 29 - far from a "whitewash" - is the more radical statement, since it claims that Torah study (presumably of any kind, including the study of practical halachah) has to sometimes give way to deveikus. However, of course, deveikus is simply another name for fear of Hashem, which our Sages tell us is a necessary component without which Torah study is meaningless (Avos 3:17) or even counterproductive (Shabbos 31a).) You mention that "that battle has long ago been conceded." But consider why that should be so, and what the implications of this are. As I mentioned in my previous post, there is no yeshivah in the world today that doesn't set aside time for one or more of the areas of Torah that are listed in sec. 117 as conducive to fear of Heaven. Which means that this idea should probably be seen as one of the _least_ controversial ideas of the Baal Shem Tov, given that all Torah leaders (and the Jewish People as a whole, who as Chazal put it, are "b'nei nevi'im") of subsequent generations have endorsed it. R' Yisroel Salanter's emphasis on mussar, the Chofetz Chaim's on avoiding lashon hara, etc. - all of these are outgrowths of the Baal Shem Tov's insistence that Gemara study by itself is insufficient to mold a person's behavior, and that it needs to be coupled with observance of mitzvos and fear of Hashem. (By the way, consider which personages are responsible for probably the greatest increase in Gemara learning in centuries, possibly since Ravina and Rav Ashi themselves. These would be: (a) R' Meir Shapiro, the originator of the Daf Yomi program, who was a chassid of R' Yisroel of Tchortkov, and (b) R' Avraham Mordechai Alter, the Gerrer Rebbe, who directed his chassidim to follow the program. Pretty good work for a movement that supposedly started with "a clear rejection" of Gemara study!) Kol tuv and g'mar chasimah tovah, Alex ---------------------------------------------------------------------- From: Yisrael Medad <ybmedad@...> Date: Tue, 18 Sep 2007 00:02:05 +0200 Subject: Tziva'at HaRivash Yossi Ginzberg states that he is "just very pro-emes" I have no reason to doubt him. I perhaps was not clear enough in my remark that he quoted, towit: 'the Besht's allegedly having denigrated the learning Talmud' should be historically modified. It was Yaakov Yosef of Polaney. Yisrael Medad" Or perhaps I assumed that what I was referring to was known. Most scholarship of Chassidut indicates that a) the first Chassidic printed work was Toldot Yaakov Yosef and it contained the first printed evidence of a strong anti-Rabbinic/Lamdanut position; b) the book we know as Tziva'at HaRivash was not authored by the Besht but represents Dov Ber the Great Maggid's interpretations of the Besht. That's just more clearly restating my emes. Yisrael Medad ----------------------------------------------------------------------
End of Volume 55 Issue 78