Too Much Heart – Comments on Parashat Kedoshim

The 15th of Shevat

Not long ago, we celebrated the holiday of Tu BiShevat (ט”ו בשבט), commonly referred to as “the new year for trees.” In actuality, the 15th day of the Hebrew month of Shevat is not a “holiday” at all. In was only in the 16th century that the kabbalists of Tzefat, most notably Yitzhak Lurya (the “Arizal”), imbued the day with mystical significance and even formulated a “seder” after the fashion of the seder shel Pesah – complete with four cups of wine, a haggadah, and special foods – a rite which has unfortunately become nearly ubiquitous among Jewish communities today. Being a late contrivance that was specifically invented to further the dualist mystical system of Luria, it should be altogether avoided. The more modern modern conception of Tu BiShevat as “Israeli Arbor Day,” wherein children are taught about the fruits of the land of Israel and the regulation of agriculture by the Torah, is a positive development and should be encouraged.

Tu BiShevat is actually nothing more than a calendrical marker created by Hazal in order to facilitate the observance of the laws of orlah. The Mishnah, in Masekhet Rosh HaShanah 1:1, lists Tu BiShevat  as one of the four “new years” that takes place throughout the year. It says,

TEXT

באחד בשבט ראש השנה לאילן כדברי בית שמאי בית הלל אומרין בחמישה עשר בו

TRANSLATION

“On the first of the month of Shevat is the ‘new year for a tree,’ according to the words of Beit Shamai, but Beit Hillel say, ‘One the fifteenth day of the month.'”

This rosh ha-shanah le-ilan (ראש השנה לאילן) is a necessary institution in order to objectively determine when the fruit of newly-planted trees becomes permissible according to the Torah in Vayikra 19:23-25, which says:

TEXT

כג וְכִי תָבֹאוּ אֶל הָאָרֶץ וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל וַעֲרַלְתֶּם עָרְלָתוֹ אֶת-פִּרְיוֹ שָׁלֹשׁ שָׁנִים יִהְיֶה לָכֶם עֲרֵלִים לֹא יֵאָכֵל כד וּבַשָּׁנָה הָרְבִיעִת יִהְיֶה כָּל-פִּרְיוֹ קֹדֶשׁ הִלּוּלִים לַיהוָה כה וּבַשָּׁנָה הַחֲמִישִׁת תֹּאכְלוּ אֶת-פִּרְיוֹ לְהוֹסִיף לָכֶם תְּבוּאָתוֹ:  אֲנִי, יְהוָה אֱלֹהֵיכֶם

TRANSLATION

23 – And when you come to the land and you have planted every type of [fruit-bearing] tree for food, you shall consider its fruit as forbidden as the orlah of the uncircumcised. For three years shall those trees be as uncircumcised to you and you shall not eat from them. 24 – In the fourth year all of its fruit shall be holy to, and comprise a praise of, HaShem. 25 – In the fifth year you shall eat its fruit so that it may thereby produce additional fruit. I am HaShem your God.”

The word “uncircumcised” is arel (ערל) and refers to an uncircumcised male, while the world orlah (ערלה) is a direct reference to the remaining foreskin of such males. But what do a tree or fruit have to do with either circumcision or foreskins? This question will be answered in the course of this essay, but first let us consider the overall process regulating the life of a fruit tree.

  • First, the tree is planted.
  • Second, it is left completely alone for its first three years.
  • Third, the fruit produced by it in the fourth year is brought to Yerushalayim to be consumed there.
  • Fourth, from the fifth year onward its fruit is permissible and may be eaten as usual.

This wasn’t the end, however. From the fifth year onward, most trees were subject to further laws, such as the bikkurim. These laws applied to grapevines, olive trees, pomegranate trees, fig trees, and date trees – which, together with wheat and barley, comprise the shiv’at minin (the “seven species” of special produce grown in the land of Israel). Beyond these five, the fruit of all trees were subject to the laws of berakhot, which one is required to recite before and after consuming them. In other words, the tree goes from a state of being completely forbidden to being regulated by laws and principles of the Torah. But what is the connection to circumcision?

Brit Milah and Milat HaLev

In Vayikra 12:3, the Torah commands the circumcision of eight-day-old infant males when it says,

TEXT

וּבַיּוֹם הַשְּׁמִינִי יִמּוֹל בְּשַׂר עָרְלָתוֹ

TRANSLATION

“And on the eighth day the flesh of his foreskin (orlah) shall be circumcised.”

What is the purpose of this operation? The Rambam says in the Mishneh Torah, Hilkhot Milah 3:8, that its reasons are two:

TEXT

מאוסה היא העורלה שנתגנו בה הרשעים שנאמר כי כל הגויים ערלים. וגדולה היא מילה שלא נקרא אברהם אבינו שלם עד שמל שנאמר התהלך לפניי והיה תמים ואתנה בריתי ביני ובינך

TRANSLATION

“The foreskin (orlah) is disgusting and the wicked of the world were deprecated thereby, as it is said, ‘For all of the nations are uncircumcised (arelim)’ [1]. Great is circumcision (milah), for Avraham Avinu was not called complete until he circumcised himself, as it is said, ‘Walk before me and be perfect, and I will give you my covenant, between me and you’ [2].”

[1] cf. Yermiyahu 9:25
[2] cf. Bereshit 17:1-2

So, (a) the foreskin is considered disgusting, and (b) it is the sign of completion and the covenant (berit) between the Jewish nation and God.

In the Moreh HaNavokhim (“Guide to the Perplexed”) III:49, the Rambam further explains his view of circumcision from the standpoint of philosophical erudition. He states that, “One of its objects is to limit sexual intercourse, to weaken the organ of procreation as much as possible, and thereby cause man to be moderate…The natural drive [for sexual fulfillment] retains its full power, but is guarded against excess.” In other words, the functional purpose of circumcision is to make it easier for Jewish men to make less use of their genitals’ sexual function.

The removal of the foreskin, beside its influence on sexual function, also has hygienic and practical daily ramifications. Uncircumcised males are often faced with the build-up of bacteria, discomfort, infections, and an extra need to touch or handle their members when urinating. All of this extra touching and the need for daily pre-occupation with and care for the sexual organ is obviated through the removal of the foreskin.

After the circumcision of a male, the surgical removal of the orlah, the usage of that organ is regulated by the wisdom and laws of the Torah related to sexual relationships. So it seems that the concept underlying the “circumcision” of trees and of Jewish males is the same: to lessen its overall usage and subject it to the laws of the Torah. For trees, years in which we can make use of their fruit are lessened and we are commanded to exercise complete restraint for the first four years. For males, their foreskins are circumcised, they enter into a time of complete sexual restraint, and then, once married, are directed to manage their drives and body in accordance with the regulations of the Torah.

“Circumcision” of the Heart?

Perhaps the imagery of circumcision makes sense when applied by the Torah to fruit trees, but what relevance could it have to one’s “heart”? In Devarim 10:16, the Torah commands us to,

TEXT

וּמַלְתֶּם אֵת עָרְלַת לְבַבְכֶם וְעָרְפְּכֶם לֹא תַקְשׁוּ עוֹד

TRANSLATION

“Circumcise the foreskin (orlah) of your hearts, and do not anymore stiffen your necks.”

In the Torah, the heart is seen as the seat of an individual’s emotional as well as intellectual activity. However, it requires development and training and is not naturally governed by principles or intellectual virtue. Without such training, the heart is essentially no different than that which is possessed by animals, operating on a level of reaction and instinct. So, what does this have to do with a “circumcision” of the heart?

In Bamidbar 15:39, we are warned,

TEXT

וְלֹא תָתוּרוּ אַחֲרֵי לְבַבְכֶם וְאַחֲרֵי עֵינֵיכֶם אֲשֶׁר אַתֶּם זֹנִים אַחֲרֵיהֶם

TRANSLATION

“Do not turn aside after your hearts and after your eyes, after which you tend to go astray.”

The word usually translated “go astray” is zonim, which literally means “to prostitute oneself” or “to commit illicit sexual acts.” And herein lies the connection between one’s heart and circumcision.

Apparently, when we circumcise our hearts, we train ourselves to utilize it and be pre-occupied with it less, not more. It seems to me that the common conception of the Biblical phrase of “circumcising the heart” having the implication that we will have a greater and more intense use of our will and passions, may be mistaken. When one removes the orlah of their heart, they are effectively making it a subservient psychological organ with which they are not constantly pre-occupied. By virtue of being endowed with our rational capacity, signified by the tzelem elohim, we are supposed to be ruled by our intellects and not our passions.

Reflect on that for awhile.

Perhaps more later,

Kol tuv,

YB

The Prohibition of Hadash – A Meqori Perspective

[Note: The below is for information purposes only, as is everything on this site. The decision to act upon any of it or not is the personal decision of the reader and any details regarding the observance of any halakhah – especially those laws which are intricate, complicated, and/or severe – should be discussed with a competent rav.]

[Further Note: The position expressed below does not necessitate a functional change in the kashruth of hadash as commonly practiced today. However, it does place an almost identical practical outcome on a newer, and squarely meqori, line of reasoning. This is the intended purpose of what follows.]

What in the world is “hadash”?

The word hadash means “new” and is a reference to “new grain” – in other words, grain that has taken root after the sixteenth day of the Hebrew month of Nisan of one year until after the sixteenth of Nisan of the following year. During that time, the grain which took root is referred to as hadash or “new” and it is forbidden to eat it until after the sixteenth of Nisan.

So, what happens on the sixteenth of Nisan? This is the second day of the week of Pesah when the first of the grain offerings for the year – called the Omer – is offered in the Beyth HaMiqdash, or the Temple. In a time like today when there is no Temple, new grain is forbidden for the entire day of the sixteenth, but when the offering is brought in the time of a Miqdash, new grain becomes permitted directly after the Omer is offered during the day of the sixteenth within Jerusalem and surrounding areas, and after halakhic midday (hassoth) in the outlying areas. After either the Omer is offered or midday or the end of the sixteenth of Nisan, the grain is no longer referred to as hadash (“new”), but yashan (“old”), signifying its new permitted status.

Interestingly enough, the laws related to hadash and yashan stem from a single verse in Wayyiqra 23:14 which says,

TEXT

כג:יד  וְלֶחֶם וְקָלִי וְכַרְמֶל לֹא תֹאכְלוּ, עַד עֶצֶם הַיּוֹם הַזֶּה עַד הֲבִיאֲכֶם, אֶת קָרְבַּן אֱלֹהֵיכֶם:  חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם, בְּכֹל מֹשְׁבֹתֵיכֶם.

TRANSLATION

23:14 And you shall eat neither bread, nor parched grain, nor fresh kernels, until this very day, until you have brought the [omer] offering of your God; it is a statute forever throughout your generations and in all your dwellings.

With such large legal implications stemming from such a short passage, the laws governing the consumption of hadash and yashan seem to be in the category of what the Mishnah in Masekheth Haghiyghah (1:8) refers to as כהררים תלויים בשערה מקרא מועט והלכות מרובות – “Like mountains suspended by a hair, [meaning that in connection to this body of laws there is] little scriptural basis and a multitude of halakhoth.”

This prohibition, however, does not apply to all grains. As with the laws of hallah and hamess, the first mishnah in Masekheth Hallah tells us that the application of the law is the same also with regard to hadash and yashan – namely, that the only grains under the prohibition are the hamesheth miyney daghan (“the five species of grain”) which are listed there as החיטים והשעורים והכוסמין ושיבולת שועל והשיפון. The Rambam in Kitab As-Siraj (his commentary on the mishnayoth) explicitly says – as does the Mishnah and Gemara – that these are exclusively species of Wheat and Barley. The common identification of שיבולת שועל with “oats” is an incorrect identification made by Rashi (cf. b.Pesahiym 35a), as is his identification of several others. This means that oats, rice, and even “buckwheat” (which is actually not “wheat” at all) do not come under the prohibition of hadash at all. As an aside, I always refer to oats by the Modern Hebrew designation קוועקר (pronounced “Keveyker” – i.e. “Quaker [oats]”) and not שיבולת שועל in order to avoid furthering the confusion and misidentification. 

The exact reasoning behind this commandment is unclear. However, In the Guide the Rambam generally places particulars of agricultural commandments under the rubric of opposition to the vast array of idolatrous practices by ancient pagans which were practiced by them in their agriculture. He also usually views them as being important, unlike animal sacrifices, for engendering respect for God and gratitude for His provision for mankind and specifically the Jewish nation. The Sefer HaHiynukh (#303) explains that the offering of the Omer prior to partaking of any grain from the wheat or barley harvest from the previous year is analogous to the requirement to make a berakhah before partaking of food, drink, smell, before performing misswoth, or witnessing certain types of people or phenomena.

Who, When, Where, and How

So, we have gone over the “what” and the “why” – remaining are the questions of “who,” “when,” “where,” and “how.” In other words,

  • Who is obligated to observe the prohibition of hadash, and on whose grain does the prohibition fall?
  • When does this prohibition apply? Just when there is a Beyth HaMiqdash, or in the current era as well?
  • Where does it apply? In the land of Israel, or does it apply outside as well?
  • How does one observe this prohibition in the places and times that it does apply?

The Rambam in Hilkhoth Ma’akhalot Asuroth 10:2-6 specifies that the prohibition of hadash applies in every era, even when there is not a Miqdash. This is the undisputed law from Hazal and it is contested by no one. So, then, this answers the question of “when.” And we will revisit the specific of the Rambam’s opinion a little later on in our discussion.

As for the “who,” it applies to Jews wherever they live whether men or women – and even servants, i.e. everyone who is obligated to the public misswoth associated with the Land. However, there is another aspect of the “who” question which we will also return to in a bit.

However, the central question in our time – and indeed in every era in which these halakhoth were discussed – is the question of “where”: Where does the prohibition of hadash apply? Within Israel or outside of it also?

The Mishnah states in Masekheth Qiydhushiyn (1:9) that

TEXT

א,ט  כל מצוה שאינה תלויה בארץ נוהגת בארץ ובחוצה לארץ וכל מצוה שהיא תלויה בארץ אינה נוהגת אלא בארץ חוץ מן העורלה והכלאיים ורבי אליעזר אומר אף החדש

TRANSLATION

Every commandment which is not dependent on the Land, we conduct ourselves [in accordance with it both] in the Land and outside of the Land. And every commandment that is dependent on the Land, we conduct ourselves [in accordance with it] only in the Land, except for `orlah and kilayyim. And Rebbi Eli`ezer says, even hadash.

Rebbi Eli`ezer includes hadash, along with `orlah and kilayyim, as a prohibition that although it depends on the land it nevertheless is kept even outside of the land. We will examine the position of Rebbi Eli`ezer momentarily.

In Masekheth `Orlah (3:9) it says explicitly that

TEXT

החדש אסור מן התורה בכל מקום

TRANSLATION

Hadash is forbidden from the Torah in every place.

Because of the seemingly explicit nature of this Mishnah, many Rishoniym rule in accordance with the opinion of Rebbi Eli`ezer. However, as we shall see, the opinion of Rebbi Eli`ezer may not be as simple or as straightforward as it seems.

The Unresolved Bavliy

The issue of whether the prohibition of hadash applies everywhere or just in the land of Israel is based on the interpretation of the last phrase in the pasuq (Wayyiqra 23:14) where it says be-khol moshvoteykhem – “in all of your dwelling places.” In other words, what are the halakhic implications of the word be-khol?

In the Talmudh Bavliy, Qiydhushiyn 37a-38b, the discussion of what exactly is implied by the phrase be-khol moshvoteikhem seems to have never been truly resolved, with the hakhamiym being essentially divided. As Rashi comments in his piyrush on the Torah there:

TEXT

בכל משבתיכם: נחלקו בו חכמי ישראל יש שלמדו מכאן שהחדש נוהג בחוצה לארץ ויש אומרים לא בא אלא ללמד שלא נצטוו על החדש אלא לאחר ירושה וישיבה משכבשו וחלקו

TRANSLATION

“The sages of Israel were divided on this matter (i.e. the extent of the halakhah as determined by the interpretation of be-khol moshvoteykhem). There were some that learned [from here] that the [prohibition] of hadash applies outside of the land, and there are some who say that this phrase does not come to teach us anything except that we were not commanded concerning hadash until after taking possession and settling [of the land] after its conquest and division [among the tribes].”

Because of this lack of clarity in the sughyah of the Bavliy, most poseqiym were left to determine their positions on the basis of the Mishnah.

The only direct examination of the position of Rebbi Eli`ezer suggests two different ways of understanding him: [a] he holds that due to be-khol moshvoteikhem the prohibition of hadash applies only in the land, and [b] that he held that it only applied in the land of Israel and was not related to `orlah or kilayyim (this view sees that the Tana Qama in the Mishnah only mentioned `orlah and kilayyim but thereby implied hadash) but was instead governed by the general rule stated by the Mishnah

In other words, his statement in the Mishnah either comes to argue for leniency or stricture. In the end of the discussion, they conclude that Rebbi Eli`ezer’s statement should be seen as an argument for a stricter interpretation as opposed to that of the Tana Qama which excluded hadash.

It should be very carefully noted that the seemingly explicit statement from Masekheth `Orlah cited previously is never brought as a decisive proof in the course of the sughyah in Qiydhushiyn with regard to hadash. It stands to reason that if the Mishnah in `Orlah was supposed to be understood as constituting an explicit and incontestable prohibition of all hadash everywhere in the world that it would have been brought in this discussion. Had they done so, it seems that they would not have had anything much to discuss.

Either way, as noted by the Taz on Shulhan `Arukh, Yoreh De`ah 293:4, the Gemara does not conclude in a very definitive way in favor of the view that the halakhah is definitely like Rebbi Eli`ezer. In fact, it appears that even in the generation of Rav Ashey there was a difference of opinion as to whether the prohibition of hadash outside of Israel was de-rabbanan or a de-oraytha, as it states in b.Menahoth 68b.

So, it seems that the Talmudh Bavliy holds that there is a prohibition of hadash even outside the land, but many particulars seem to simply be left un-examined. For instance, does this apply to Jewish grain outside of Israel, or does it apply to non-Jewish grain as well? What about grain that has been exported to lands outside of Israel – does this have the prohibition of hadash as well?

The Simple and Succinct Talmudh Yerushalmiy

Interestingly enough, the statements of Rebbi Eli`ezer in the Mishnah of both Qiydhushiyn and `Orlah are met with the exact same (i.e. uniform) explanation in the Talmudh Yerushalmiy. For those who may not know, there is no Gemara in the Talmudh Bavliy for any masekhta in the first order of the Mishnah, except for Masekheth Berakhoth. For this reason, `Orlah is simply left without commentary by the Persian hakhamiym. This is mostly due to the fact that such laws were agricultural and tied directly to the land of Israel. In Babylon they simply had little or no relevance.

In `Orlah 20a of the Talmudh Yerushalmiy it comments on the statement of the Mishnah that החדש אסור מן התורה בכל מקום by stating the Mishnah from Qiydhushiyn, but qualifying it as follows

TEXT

החדש אסור מן התורה בכל מקום:  מתניתא דרבי ליעזר דתנינן תמן כל מצוה שאינה תלויה בארץ נוהגת בארץ ובחוצה לארץ וכל [מצוה] שהיא תלויה בארץ אינה נוהגת אלא בארץ חוץ מן הערלה ומן הכלאים.  רבי ליעזר אומר אף החדש.  מה טעמא דרבי ליעזר (ויקרא כג) בכל מושבותיכם בכל מקום בין בארץ בין בחוצה לארץ.  מה מקיימין רבנין טעמא דרבי ליעזר בכל מושבותיכם בחדש שכן יצא בחוץ

TRANSLATION

Hadash is forbidden from the Torah in every place. The Mishnah of Rebbi Li`ezer (i.e. a shorter form of “Eli`ezer” used in the Yerushalmiy) that we learned there: “Every commandment which is not dependent on the Land, we conduct ourselves [in accordance with it both] in the Land and outside of the Land. And every commandment that is dependent on the Land, we conduct ourselves [in accordance with it] only in the Land, except for `orlah and for kilayyim. And Rebbi Li`ezer says, even hadash.” What is the reason [for the statement] of Rebbi Li`ezer? [It is because of the phrase] Be-khol moshvoteykhem, meaning in every place whether in the land or outside of the land. What did the sages realize was the reason [for the statement] of Rebbi Li`ezer? Be-khol moshvoteykhem, meaning that [the prohibition applies] even to hadash that has traveled (i.e. has been carried; exported) outside the land.

Both the Peney Mosheh and the Qorban `Eydhah on the Yerushalmiy affirm that the Yerushalmiy meant by this explanation to exclude grain grown outside of Israel itself, and that Rebbi Eli`ezer’s statement was intended to prohibit only grain grown within Israel that was exported to outlying areas or surrounding countries. This interpretation actually fits quite nicely within the seeming vague resolution of the Bavliy. Being that the vast majority of farmers outside the land of Israel were non-Jews in the Talmudic era, it makes sense that this limitation was put on the prohibition of hadash.

The Position of the Ba”H and Non-Jewish Grain

But what about in later eras when Jews were allowed to own land and farm it in various lands of the Diaspora? Does hadash apply to Jewish grain grown outside of Israel?

First of all, let’s consider the common reasoning given for why the majority of orthodox Jews do not observe the prohibition of hadash today. In fact, it is almost completely ignored. There are two reasons: First is the halakhic position of the Ba”H (the Bayith Hadash) written by Rav Yoel Sirkis z”l on the Tur, and the second – referenced mainly by Hasidic Jews – is a supposed dream of Israel Baal Shem wherein he supposedly received a permissive answer to the question of the halakhic status of hadash.

The second of these reasons is ridiculous and is not worthy of wasted breath. The Torah is not in Heaven (i.e. lo ba-shamayim hiy) and the hakhamiym ruled in the Talmud that דברי חלומות לא מעלין ולא מורידין – “the words of dreams neither elevate a matter or bring it down,” meaning that we do not take the contents of dreams into account as regards halakhic decisions. This is true even for a naviy emeth – a “true prophet” – so how much more so for anyone else, especially a dubious character like the supposed founder of the Hasidism.

As for the position of the Ba”H, it is a bit complex and enlists many different aspects found in the sefariym of his predecessors. His position is basically that since he saw that all of the rabbis of his locale (sixteenth century Poland) – including the more pre-eminent ones among his teachers – completely ignored the prohibition of hadash, there must have been a cogent halakhic reason and therefore he sought a legal justification of such a practice. Citing Rishoniym who held that hadash never applies in the fields of grain which were grown by non-Jews, he brings evidence from several places in the Gemara that the `Omer offering was not able to be offered from grain grown in the fields of non-Jews. He extrapolated from this that grain unsuitable for the `Omer offering must likewise not be subject to the prohibition of hadash.

The view of the Ba”H was harshly criticized by many, most notably the Gr”a and the Sifthey Kohen on the Shulhan `Arukh. The Shulhan `Arukh itself rules that the laws of hadash apply even to grain grown in the fields of non-Jews. However, Rav Qaro likely wrote this because he read the words of the Rambam in Hilkhoth Ma’akhaloth Asuroth chapter 10 as referring to all grain everywhere. However, this – like his reading of the Rambam with regard to `eruviyn – may possibly be an overly strict reading. Nowhere does the Rambam specify in the Mishneh Torah that the grain under discussion is of either Jews or non-Jews.

The Practice of Yemen and the Rambam

Mori Yusef Qafih z”l writes in his piyrush on the Rambam there that while many people understand the position of the Ba”H to be a hiydhush and a da`ath yahiydh (a singularly novel halakhic position), this is actually not the case as it was the practice in Yemen from early times to take a similar position to the Ba”H. In Yemen, the practice was not to apply the prohibition of hadash to the grain of non-Jews. He also writes that while he was growing up and learning in Yemen that he heard from hakhamiym there that it was very possible that this was in actuality the position of the Rambam himself, and he brings various indications for this assertion from within the text of the Mishneh Torah itself.

Rav Ratson Arussi, chief rabbi of Kiryat Ono, rules that this is exactly the position of the Rambam with regard to hadash and the grain of non-Jews. He writes so specifically in a teshuvah.

TEXT

לק”י

כבוד הרב שלום וברכה

רציתי לדעת מה הדין ביום בנושא של תבואה חדשה לדעת הרמב”ם

איזה תבואה אסורה רק בשדה של יהודי? בארץ או גם בחו”ל? האם מותר “להעלים עין” ולא לשלוח משגיחים וכו’ לחו”ל על מנת לפטור את החדש בדרך של ספק ספיקא והאם בכלל אנו צאן הרמב”ם נוקטים בשיטת ספק ספיקא ואם כן מהם התנאים לסברה שכזאת

יורנו הרב וה’ יסייעהו בדבר תורתו

גלעד

תשובה: רק תבואת חו”ל של יהודי – אסורה. אבל תבואת חו”ל של גוי – אינה אסורה

TRANSLATION

Peace and blessing to his honor, the Rav.

I would like to know what is the proper ruling with regard to the new grain today in opinion of the Rambam.

Which grain is forbidden, only that which is grown in the field of a Jew? In the land or outside of it? Is it permitted to “turn a blind eye” and to purposefully not send kashruth inspectors to areas outside of Israel [where grain is grown] etc. and to render it permissible in any case through use of a safeq-safeqa? And can we who are included in the flock of the Rambam adopt the halakhic methodology of such a safeq-safeqa, and if so then what are the conditions for being able to use a line of reasoning such as this?

Guide us, our teacher, and may HaShem give you assistance in the matters of his Torah,

Gil`adh

Response: Only the [new] grain grown outside of Israel by a Jew is forbidden, but the [new] grain grown outside of Israel by a non-Jew is not forbidden.

Summing It All Up

So, it would seem from the sources that there is indeed a prohibition on hadash today, and that it applies even outside of the land of Israel. However, it only properly applies to grain grown by or in the fields specifically owned by Jews. Inside the land, however, it would seem that all grain – whether grown by Jews or non-Jews – is subject to the prohibition of hadash. This appears to be the best and most reasonable interpretation of both Talmudhiym overall, as well as the nuanced position of the Rambam himself.

Practical Considerations and Outcomes

And this brings us to the practical questions of “how”.

In Israel, the Rabbanut and other agencies are already very careful to monitor all grain grown in the land and to make sure that all products sold are, in fact, yashan and not hadash. However, while many Jews avoid imported products, specifically from America, due to concerns of hadash, it seems that there is really no halakhic concern in these instances and those living in Israel may eat of imported products made of wheat and barley grown by non-Jews from outside of Israel.

In America, the only possible concern for yashan would be the imported Israeli products which, as we just said, really present no concern (as long as they are certified kosher) since the Rabbanut and certifying agencies already monitor very closely for hadashThe same goes for most other countries throughout the world.

Europe is mostly the same, however I do remember hearing that Israel exports a lot of durum wheat used for semolina flour to some places along the coast of the Mediterranean. This type of flour is used mainly for noodles, so those in Europe may want to check into the source of flour for these products to make especially sure. Other than this, however, there does not seem to be any real concern for hadash.

I hope that this was clear, insightful, and helpful. I plan to draft a more concise Hebrew version of my understanding with regard to this important halakhic topic, so be on the lookout for that in the near future, be-`ezrath HaShem yithborakh.

Kol tuv,

YB

Pesah Matters – Meqori Perspectives – Part II: Coverings, Cucumbers and Gebrokts

[Note: The following is for information purposes only, as is everything on this site. The decision to act or not act upon any of it is the personal decision of the reader and any details regarding the observance of any halakhah – especially those which are intricate and/or are severe – should be discussed with a competent rav.]

In this post, I want to highlight some of the inane measures taken by some, invented in the name of avoiding hamess on Pesah, that one might encounter. Newcomers to Judaism, such as geriym and ba`aley teshuvah, are often thrown off by such weird practices and often – in an honest attempt to understand the intention of the Torah – invent myths about the supposed nature of hamess based on them. More than this, many of these contrived “chumros” blur the lines of the halakhah and actually lead to some people violating actual prohibitions because of the misunderstanding caused by such “customs.” As it says in the Gemara, “כל המוסיף גורע – kol ha-mosiyf gorea` – everyone who adds [to the law in actuality] detracts [from it]” (b.Sanhedriyn 29a).

Much the nonsense comes from a directive – quoted in the name of the Arizal – that one should be careful to respect every “chumrah” of Pesah, no matter how strained the concern may be. Another one has the Arizal promising that anyone who is careful with even the slightest amount of hamess on Pesah is guaranteed not to sin for the entire year (Mishnah Berurah, Be’er Heitev 447:1). First of all, no one knows if he ever said such things, they may be completely fanciful. Second, even if he did say them, I am sure that even he would not have countenanced some of the ridiculous practices that have cropped up today. Third, if the Arizal did say these things he had no halakhic authority to do so. Halakhah comes from Hazal as explained by their direct expositors, and from nowhere else. Ironically, many of the “chumros” invented for Pesah cannot be attributed to modernity, so one has to wonder, if Hazal took no issue with them, how is it that anyone else should?

Foil, Foil Everywhere

Perhaps the most well-known para-halakhic practice in preparation for Pesah – which has already become a major parody within the Jewish world – is the covering of all kitchen surfaces with aluminum foil. Counters, stovetops, cupboards, sinks, and yes, even the refrigerator door handle – everything is obsessively covered before Pesah by many Jews. So widely-practiced is covering by foil that when I lived in Israel, they actually included rolls of aluminum foil in the Ma’oth Hittiyn care packages. So now public charity is being used to buy foil! When the Gemara in Masekheth Pesahim (see chapter 10, `Arvey Pesahim) takes great pains to discuss exactly how much wine should be given to each `aniy in order to fulfill the misswah of the arba`ah kosoth (since there is a shittah that says one can fulfill it with only two full cups instead of four), why would we then spend hundreds and possibly thousands of public dollars on something that has no basis at all in halakhah? Kol ha-mosiyf gorea` (כל המוסיף גורע) indeed.

You will be happy to know that there is absolutely no need according to halakhah to cover anything with either aluminum foil or parchment paper. Not your sink, not your cupboards, not your counters, not your stove, and no, not even your refrigerator door handle. What is required is that you clean your home of visible hamess, giving special attention to any significant pieces in the same room that may be able to be combined to form the bulk of a Suri or “Egori” olive (ke-zayith, cf. m.Keliym 17:8). Further required is that all cooking and food preparation utensils be either set aside or undergo a kashering process (I will discuss hakhsharath keliym in the next post). What is strongly recommended, however, is that you thoroughly clean the exposed surfaces of your kitchen (no need to pull out the refrigerator), using a bleach-based cleaning solution. The bleach solution will nullify any traces of hamess that might possibly be found by rendering them inedible. Since you do not cook or set food – especially hot food – directly on your counters or the shelves of your fridge they do not require kashering, let alone covering.

To give you an idea of just how sane the actual laws of kashering are for dishes and surfaces, check out this brief summary based on the rulings of Rav Yitzchak Abadi of Jerusalem.

Confusing Cucumbers

Probably the most inane para-halakhic and superstitious “custom” that I have heard of in regard to avoiding hamess on Pesah is the refusal to eat cucumbers by Chabadniks because – and I quote – “its seeds look like grains of wheat.” This is insane. Do these same people avoid eating kosher sushi because it looks just like real crab? Certainly not. What are they afraid of? Confusing cucumber seeds and wheat berries? If someone thinks that this could happen, they quite frankly need to take anxiety medication and discuss their irrational fears with a professional. I think it is obvious to any reasonable, thinking person that this is ludicrous – aside from being completely without basis in the halakhah. I mean, do they forget that beautiful little piece of Gemara in Pesahim about Rav Huna’s seder plate? He put rice on it! Obviously, Hazal were not at all concerned about the “appearance” of qitniyoth confusing us into eating wheat and barley (cf. b.Pesahim 114b).

Another incarnation of this is requiring that all fruits and vegetables be peeled prior to consumption on Pesah because there might be “traces of chametz” in the peels. Don’t be taken in by this and do not be fooled into thinking that those who do such things are on a “higher level” of dedication. Comparing one level of foolishness to another only serves the purposes fools. The fact is that Hazal are the bearers of the mesorah and in many cases they are the architects of it. They knew what hamess was and how to effectively avoid it on Pesah. They transmitted those things faithfully to us in their talmudh and so there is no need for later innovations that are obsessive and usually based on some kabbalistic consideration foreign to Hazal in the first place.

Now, this is not to say that there isn’t the concept of being unusually careful in an effort to completely avoid hamess on Pesah – there certainly is (and I plan to discuss this in the next post on kashering). But those considerations are already built into the halakhah itself. And it is not as if the meqori approach guarantees that in all things it will be “easier” than the mainstream practice. Although this is generally the case, it is not always the case. One who truly seeks to fulfill the Divine will is open to the truth whatever it may be, whether easy or difficult. May HaShem grant us the ability to perform every misswah, great or small, with a full heart.

No KLP Kneidlach? It Gebrokts My Heart

Gebrokt is a Yiddish word meaning “broken” and refers to massah that has been soaked in water or some other liquid. Entrees that were made with such massah are called “gebrokts” because the massoth are generally broken into small pieces or ground prior to cooking or baking with them. The Hebrew term for such entrees is massah sheruyah meaning “soaked massah.” The Hasidic practice is to avoid allowing any liquid, especially water, to come in contact with massah during Pesah. The reason? They are afraid that even their massoth may be hamess. The explanation goes the that there may be some small amount of flour that went through the baking process that never truly mixed with water to become dough. Putting that massah into water would expose that bit of flour to water and it could thereby become hamess. This is absolutely ludicrous. This is the reason for all of the products made from potato flour that show up on Pesah. However, I am waiting for some “rebbe” to announce that potatoes may actually be one of the five grains and are therefore forbidden be consumed (this is a joke, of course, but I think my intent is clear). Even still, with all the fuss over the supposed wheat-like appearance of cucumber seeds, you would think that they would avoid potato flour because it looks very similar to…oh, possibly… FLOUR.

The practice of avoiding gebrokts and worrying that massah, although prepared according to strict standards of shemirah, may actually be hamess is a thoroughly Hasidic invention. Although there were those, even before Hasidism, who had the practice of not eating massah sheruyah on the night of the seder – such as the Ra’avan (cf. Ra’avan, Pesahim 162a) – their concern had nothing to do with avoiding hamess (or they would have avoided it throughout the hagh), rather it was to preserve the strong taste of massah in the mouth, something that is lost when it is soaked in water. Even after the emergence of the Hasidic movement, there were those – such as Rav Hayyim Volozhiner – who maintained the practice of not eating gebrokts during the seder because of the Rambam, who says that massah eaten during the seder should be “lehem oni – poor bread” (i.e. not “enriched”) and should be free of salt, spices, eggs, fruit juice, olive oil, etc. (Rambam, Mishneh Torah, Hilkhoth Hamess Umassah 5:20). The irrational fear that duly guarded massoth could actually be hamess historically arose from the Hasidic movement alone. Their attempts to co-opt earlier sources to justify their nonsense is strained at best.

There are some Hasidic-Haredi groups that refuse to eat massah at all during Pesah because of the fear that it may actually be “chametz.” Only because it is a misswah de-oraytha do they consent eat a small amount during the seder. This fear should illustrate well the concern in Hazal that “אין לדבר סוף – ein le-davar sof – there is no end to the matter.” In other words, there has to be a limit of what we consider a reasonable and likely concern (hashash) because if there isn’t insanity ensues. This reasoning is brought in m.Pesahim 1:2 and codified by the Rambam in Hilkhoth Hamess Umassah 2:7 about checking the home for hamess. It is brought in m.Yoma 1:1 with regard to keeping a new wife in reserve for the kohen gadhol on Yom HaKippuriym since it is a Torah requirement that he be married. Hazal instruct that it is enough to have one woman prepared to marry the kohen should something happen to his current wife during the night – if it should enter our minds to arrange for still another in case something happened to both the wife and the back-up, they say that you would then have to worry about the back-up of the back-up as well, ad infinitum, and אין לדבר סוף – ein le-davar sof. Since entering into an impossible and endless regress is never the requirement of the Torah or the halakhah, such unlikely concerns may be dismissed. This reasoning is stated throughout the Gemara as well, and it is nearly always mentioned as a limit to the word hashash, meaning worry or suspicion. Hazal thereby teach us that it is right and good to have concerns about the misswoth of the Torah, but that there must be reasonable limits to such concern – and it is they who held the authority to set the boundaries for such things.

This also happens to be why I personally believe that when the Rambam states that hamess cannot be nullified “even [in a ratio of] one in several thousand” that he is referring to actual, quantifiable, reasonably present hamess – not invisible hamess that is conjured up through the powers of unlimited hashash (cf. Hilkhoth Ma’akhaloth Assuroth 15:10-11). But this is for another time.

Best,

YB