Mekori Q&A – Major Problems with the Kabbalah

Q: Someone asked…

I have heard you mention on several occasions that you object to the kabbalistic idea of there being multiple manifestations of divinity. Do you believe that such ideas are avodah zarah (idolatry)? The kabbalists who employed such language were strict monotheists, and it seems that their depictions amounted to little more than poetic illustrations of the many perceptions of God found within the Tanakh and rabbinic literature. If someone were to affirm such ideas, but still believed in Ein Sof, would you still have a problem with that? Thanks.

A: Thank you for your questions.

I do indeed view the “multiple manifestations of divinity” concept (referred in the kabbalah to as partzufim, or “faces”) as being avodah zarah. The Kabbalists who used this language were not strict monotheists. They were, however, very strict dualists who affirmed a belief in a transcendent god (which they termed Ein Sof, or “The Infinite”) who, prior to the creation, “creates” (or, emanates) another god which is imminent (i.e. finite). This language is explicit in the Zohar literature, especially in its explanation of Bereshit 1:1.

Zohar 1:15a [ד] –

 בְּהַאי רֵאשִׁית בְּרָא הַהוּא סְתִימָא דְּלָא אִתְיְידַע לְהֵיכָלָא דָא
הֵיכָלָא דָא אִקְרֵי אֱלהִים וְרָזָא דָא בְּרֵאשִׁית בָּרָא אֱלהִים

“With this Reishit (beginning), the Concealed One which is not known created (bara) this chamber, and this chamber is called Elohim (God). This is the secret meaning of the verse, ‘Be-Reishit bara Elohim‘ [i.e. ‘Using Reishit, Ein Sof created Elohim’]”

This passage reads Bereshit 1:1 as referring to two gods (powers, potencies, emanations, or what have you), one creating the other. Incidentally, the Gemara on b.Megillah 9a discusses certain changes that were made by the hakhmei ha-sanhedrin when preparing the first Greek translation of the Torah as requested by King Ptolemy. One of the changes they made was to switch the order of the words in their translation from בראשית ברא אלהים to אלהים ברא בראשית in order to avoid the appearance of polytheism since, due to the common style, as enabled by the syntax of the Greek language, the most important word would be placed first. This being the case, the hakhamim were afraid that בראשית, appearing first in the Torah, would be misunderstood as a reference to a deity. As Rashi explains there:

אלהים ברא בראשית. את השמים – שלא יאמר בראשית שם הוא ושתי רשויות הן וראשון ברא את השני

“God created in the beginning – the heavens, etc. [This rewording] was so that no one would say that Bereshit is a name and that there are therefore two gods (reshuyot, “powers”), and the one created the other.”

The commentary of the Tosafot on this passage says that,

הרי בראשית אינו שם כלל אלא בתחילה

“Behold, Bereshit is not a name at all, rather [it means] ‘In the beginning.'”

The Zohar not only adopts the mistaken reading of Bereshit 1:1, but it also purports that it is the “secret” meaning of the original words.

Just in case you think that my reading of the Zohar is uncharitable, the Kisei Eliyahu (written in the 19th century by Eliyahu Suleiman Mani as an introduction to the Zohar and Lurianic Kabbalah) makes a sharp distinction between the Ein Sof – to which he says it is forbidden for us to direct our prayers – and Zeir Anpin (one of the lower manifestations/faces), which is referred to as “our God” and which, together with his celestial wife Nukba, cares for and governs the world on behalf of the Ein Sof.

From page כ”ו – [brackets mine]
kisei-eliyahu-citation-1

“The principle that arises [from the previous section] is that the First Cause – which is called Ein Sof by mouths of all the kabbalists – is the one who emanated, created, formed, and made all things, and he conceals himself within Zeir Anpin. Therefore Zeir Anpin is the ruler of all the created things, and directs them, and nourishes them, and provides for them with the power of Ein Sof that is in him. Therefore, he [i.e. Zeir Anpin] is our God and we are his people, for our souls are a part of him, and he is whom we should worship, etc.”

From page כ”ז – [brackets mine]
kisei-eliyahu-citation-2

“And so you see that all the directing of the world is done through Zeir Anpin, and everything is by the power of Ein Sof, blessed is he, which illumines him like a soul within him For with his power [i.e. the power of Ein Sof] Zeir Anpin performs all of his deeds, and also with all of our calling out to him. All of our prayers are to him [i.e. to Zeir Anpin] because ‘he is our God and we are the people of his pasture, the flock of his hand’ [cf. Tehillim 95:7]. And just as our teacher [Yitzchak Luria] has written (may his merit protect us) in the book Mavo Shaarim, ‘We are his people Israel and all of us are guarded by Zeir and Nukba, and we are their children, as it is written: You are children of HaShem your gods’ [cf. Devarim 14:1, apparently elohim here is being taken by Luria to be plural and a mystical reference to the heavenly couple of Zeir Anpin and Nukba].”

This type of language is unfortunately not rare, and it is highly problematic.

As for the monotheism of those who espoused such ideas, I would say that while they may have strongly professed a strict monotheism, their writings betrayed otherwise. Rav Yihyeh Qafih, z”l refers to this type of profession in his Milhamot HaShem as being no different than when Christians, after explaining all of their ideas about multiplicity within God, the incarnation through a virgin, etc. then proceed to say “but we really just believe in one God” – it is not much more than lip service to a monotheistic idea. In saying this, Rav Qafih quotes directly from a very important passage in the Moreh HaNavokhim of the Rambam which says,

If, however, you have a desire to rise to a higher state, viz., that of reflection, and truly to hold the conviction that God is One and possesses true unity, without admitting plurality or divisibility in any sense whatever, you must understand that God has no essential attribute in any form or in any sense whatever, and that the rejection of corporeality implies the rejection of essential attributes. Those who believe that God is One, and that He has many attributes, declare the unity with their lips, and assume plurality in their thoughts. This is like the doctrine of the Christians, who say that He is one and He is three, and that the three are one. Of the same character is the doctrine of those who say that God is One, but that He has many attributes; and that He with His attributes is One, although they deny corporeality and affirm His most absolute freedom from matter; as if our object were to seek forms of expression, not subjects of belief. For belief is only possible after the apprehension of a thing; it consists in the conviction that the thing apprehended has its existence beyond the mind [in reality] exactly as it is conceived in the mind. If in addition to this we are convinced that the thing cannot be different in any way from what we believe it to be, and that no reasonable argument can be found for the rejection of the belief or for the admission of any deviation from it, then the belief is true. Renounce desires and habits, follow your reason, and study what I am going to say in the chapters which follow on the rejection of the attributes; you will then be fully convinced of what we have said: you will be of those who truly conceive the Unity of God, not of those who utter it with their lips without thought, like men of whom it has been said, “Thou art near in their mouth, and far from their reins” (Jer. 12:2). It is right that a man should belong to that class of men who have a conception of truth and understand it, though they do not speak of it. Thus the pious are advised and addressed, “Commune with your own heart upon your bed and be still. Selah.” (Ps. 4:5)

(I:50 – Friedlander Edition)

True monotheism is necessarily apophatic, and consists in our taking every measure to nullify any corporeality or spatio-temporal attributes from our conception of God. Doing this is essential to “pulling the plug” on even the possibility of idolatry, which a proper monotheistic conception of God necessarily precludes.

The Kabbalah, however, is not only decidedly cataphatic, but its practitioners relate to divinity in very practical and matter-of-fact ways on the basis of such mistaken descriptions of God. I wish that it were an uncommon occurrence, but I regularly hear the kabbalistic rabbis in my own city make bold and unabashed statements such as, “You’re God, I’m God, everything is God. In Judaism we believe that the entire world is just God” (this is a direct quote). The repeated instances of these and similar statements simply disallow me from accepting the thesis of the kabbalistic apologists. To claim that all of the cataphatic statements made in the Zohar and other mystical books are mere “metaphors” or “poetry” to illustrate certain concepts does not stand up to textual scrutiny. Further, it defies the consistent events of history and cannot be maintained with complete intellectual honesty. While I do believe that some kabbalists (e.g. the Ben Ish Hai) worked very hard to distance the kabbalah from this troubling phenomenon, and they should be respected and praised for doing so, the fact is that the majority then did not, and today still do not, do so.

Another important point about the “poetic” language used to express acts of God in the kabbalah is the switch from kingly decrees in the Torah’s creation narrative to very intense and graphic sexual imagery in the narrative of the Zohar. One of the reasons, in my view, that the Torah expressed creation in terms of statements or decrees (i.e. “let there be,” etc.) is because an expression of God’s will in a decree or a statement is one of the least corporeal concepts we can relate to, being readily translated into simile and metaphor. This portrayal was in sharp distinction to nearly every other creation myth in antiquity wherein the world was seen as either being manufactured from the bodies of the gods and goddesses themselves, or as a product of copulation between various divinities. Even the eminent scholar of kabbalah, Gershom Scholem, acknowledges the sexual mythos inherent in the Zoharic depiction of God in the act of creation, describing it as a “re-emergence” and admitting that such imagery is foreign and in direct tension with the Biblical account (cf. On The Mystical Shape of the Godhead, p. 108).

The purpose of not employing such common ancient mythological imagery – even though we do have a principle of torah dibrah ke-lashon benei adam (“the Torah speaks in human terms”) – was, I believe, to immediately divorce the ancient hearer of the Torah from such ideas. That the basis of creation are divine pronouncements or decrees was also explicitly championed by Hazal (cf. Pirkei Avot 5:1ff) – they never made any mention of supposed “divine sexuality.” The kabbalah, however, reintroduced these mythological concepts to the point where kabbalistically-minded individuals truly believe that blessings, etc. come into the world via the supposed unification of male and female forces in a heavenly realm. So, even though Yermiyahu HaNavi (cf. 7:18; 19:4-5; 23:27; 44:17-22, et al) railed against the worship of Baal and the Queen of Heaven (which featured sexual relations with temple prostitutes in order to encourage the deities to do likewise above), husbands and wives are now taught that the mystical purpose of their sexual relations on Friday night is for the supposed unification of the sefirot of Tiferet (also called “Tzadik” and representative in the kabbalah of the male member) and Malkhut (also called “Shekhinah” and representative in the kabbalah of the female genitalia). In effect, we have in many ways returned to our ancient errors through such teachings. “As a dog returns to its vomit, so also does a fool repeat their folly” (Mishlei 26:11). May we be delivered from all such foolishness.

Lastly, and most importantly, the standard for idolatry is much lower than needing to express cataphatic views of God or adopting a form of Panentheism. As Rambam explains in the opening chapters of Hilkhot Avodah Zarah, idolatry – in its most basic form – consists of merely using or appealing to other beings (or perceived beings) as intermediaries between oneself and God – even if one does not believe that such intermediary beings are themselves gods or a part of God (cf. 1:2-3, Yemenite Manuscripts). Rambam is very clear there that professing a strict monotheism does not rescue one from committing serious acts of idolatrous worship.

Thanks for writing. I hope this helped to answer your questions.

Kol tuv,

YB

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

TRA: Sunday Edition – Meet My Wife!

לק”י

podcast-image-2

This Sunday, February 26th, The Road Ahead will be hosting a special guest in the studio to discuss some subjects related to the Jewish life of women: Ahuvah Ilan!

Ahuvah is the wife of YB Ilan and will be joining a discussion about modesty, haircovering in the modern era, and some perspectives on joining the Jewish community, from the perspective of a woman.

It’s sure to be one of TRA’s most interesting podcasts yet!

Show Outline:

  • Intro and some news items
  • Introducing my wife, Ahuvah Ilan!
  • Tzniut – Modesty: Codified Standard or Cultural Context?
  • Kisui Rosh Le-Nashim – Haircovering For Women: What is its purpose?
    • Feminine Self-Awareness
    • Sheitels and Scarves
    • Is it really about modesty?
  • Conversion and Joining the Jewish Community: One Woman’s Perspective
  • TRA Mailbag
  • Outro

Join us for a unique and exciting discussion about these pressing issues within orthodox Judaism today!

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LIVE Broadcast! – TRA Sunday Edition: “Where’s The Meat?”

לק”י

TRA Sunday Edition: “Where’s The Meat?” –

A Discussion of Shehitah, Kashrut, and Halakhah

Join us for the LIVE BROADCAST!

podcast-image-2

Join us this Sunday afternoon at 2 PM (CST) for a TRA Sunday EditionLIVE Broadcast– where we will begin a discussion on some of the issues related to kosher meat. The discussion will take us into such issues as halakhic requirements for shehitah (kosher slaughter), religious politics, the kashrut industry, and what I refer to as “popular kashrus culture” that has become dominant within the orthodox world, especially in the Haredi and Hasidic camps.

Broadcast outline:

  • Intro
  • Before we get started – Yaron Reuven: A Yosef Mizrachi Clone / Some thoughts on the pitfalls of “kiruv culture”: Ethnocentricity, Holocaust-identity Judaism, Lo-lishmah observance, the rational-magical “bait-and-switch”
  • $10/lb. for Kosher Ground Beef – How did we get here?
  • Kosher meat in the Torah: Terefah & Nevelah
  • Shehitah – the basics
  • Who can “shecht”? – The opening to Mishnah Hullin
  • What can be used to “shecht”?
  • TRA MAILBAG
  • Outro

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Parashat Vayetze: HaMakom – God’s Place or the Place of God?

Forthodoxy

From Parashat Vayetze arises the source for the well-known title for God Ha-Makom (“The Place”).  This title is traditionally used in the Haggadah Shela-Pesah and is sometimes translated into English as “the Omnipresent.” But how does the Hebrew phrase “the place” give rise to the concept of omnipresence?

The popular teachings of the Kabbalah and Hasidism have postulated that HaMakom is a veiled reference to Panentheism and the central Lurianic doctrine known as “tzimtzum” (i.e. that God somehow made a “void” in the midst of himself into which he placed the created universe). This idea, of course, is completely without basis within the teachings of Hazal and its explanation entails the setting aside of several tenets of Judaism and principles of pure monotheism. This misunderstanding of the meaning of HaMakom is based on a passage from the Midrash Rabbah that says “He is the place of the world, but the world is…

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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

Did the Rambam Codify a Prayer to Angels?

[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.]

Learning through the Mishneh Torah of the Rambam, one will soon reach the seventh chapter of Hilkhoth Tefiyllah. The main subject of this chapter is the order and number of daily berakhoth and the general structure of the three daily prayers. However, in the fifth halakhah one encounters something apparently difficult in light of the general approach of the Rambam – a recitation that sounds very much like an entreaty or prayer to “angels.” The recitation is as follows:

TEXT

וכל זמן שייכנס אדם לבית הכיסא אומר קודם שייכנס התכבדו מכובדים קדושים משרתי עליון שמרוני עד שאיכנס ואצא כי זה דרכן של בני אדם

TRANSLATION

“Each time that one enters the bathroom (beyth ha-kisse’), he says just before entering, ‘Be honored, O honored holy ones, servants of the Most High, guard me until I both enter and exit, for this is the way of human beings.'”

This version of the recitation is essentially the one that is found in the Talmudh Bavliy, but there are other versions. For instance, in the siddur of Rav Sa`adyah Gaon (p. 88) the text, mostly identical to that of the Rambam, differs slighty:

TEXT

התכבדו מכובדים קדושים משרתי עליון עמדו במקומכם והזהרו בי שזו דרכן שלבני אדם

TRANSLATION

“Be honored, O honored holy ones, servants of the Most High, stand in your place and beware of me, for this is the way of human beings.”

[It is likely that the phrase in the text of the Rambam “shimruniy – guard me” (שמרוני) is not actually a request to guard the one saying it, but should be understood as a terse form of that which is in the text of Rav Sa`adyah Gaon, i.e. a warning that the “angels” should not follow the person into the place of uncleanness due to base human functions. At least, this is how I imagine that the Rambam understood it. In the intensely mystical Sassanian (Persian) environment of the Babylonian hakhamiym, it is likely that they did intend to entreat angels to guard them against “demons” or negative forces that they believed to be present in unclean places such as the bathroom. It is interesting to note that in some manuscripts of the Mishnah Torah the word המתינו (hamtiynu – “wait for me”) is found in place of שמרוני.]

Personally, as with most things, I believe that the original intention of this recitation is expressed in the Talmudh Yerushalmiy. The hakhamiym of Eress Yisra’el were generally more rational and divorced from superstition. There are several possible reasons for this, but in my opinion it is due to being surrounded by overtly idolatrous polytheism and their seeking to separate fully from it – seeing it for what it is – as opposed to the Zoroastrian culture which maintained an approximation to “monotheism” although not in pure form, the its abstract ideas being more subtle in their error than the concrete rituals of the Romans. As such, the popular astrological wisdom and superstitions regarding numbers and orientations of objects that was widespread in that part of the world – being unconnected with the worship of statues and various gods – had the appearance of wisdom and what we might call today “scientific knowledge” which was likely the basis that the hakhmey bavel allowed themselves to accommodate them. This can be understood similarly to how the halakhah requires that one rely on common medical knowledge to make determinations about when to profane the Shabbath for the sake of preserving life. Later readers and students of the Talmudh Bavliy, among both the Geoniym and the Rishoniym, tended to move the text away from such a context, alternately ignoring and/or reinterpreting the meaning of such statements, and many times choosing to base themselves on the more sensible (read, “less mystically-charged”) Talmudh Yerushalmiy.

However some of the Geoniym, most famously Rabbenu Hananel, began to learn the sughyoth of each Talmudh in a side-by-side comparative fashion, coming to conclusions on the meaning of the Mishnayoth on the basis of this type of contrastive study. It is likely that the Rambam also engaged in a similar type of study, as did Rav Sa`adyah Gaon, judging from their writings and halakhic rulings in various places which adopt the position of the Yerushalmiy over that of the Bavliy. This, despite the fact that the Bavliy was considered the more normative source of practical Jewish law. In a contemporary context, Rav David Bar-Hayyim יצ”ו of Makhon Shilo regularly holds classes wherein he has revived this method of study and pesaq, his close students referring to it as the “Bar-Hayyim method.” Even in the writings of Rav Hayye Gaon, there was at times a tendency to mention the halakhic practices of the yeshivoth of Eress Yisra’el with a tolerant attitude, even to the point of stating that although such was not the practice in Bavel, it was nevertheless acceptable to comport oneself according to their practices, should one personally elect to do so (cf. Ramban on b.Niddah 51b in reference to y.Berakhoth 2:3). This open attitude on the part of the Geoniym (and particularly Rav Hayye) speaks volumes with regard to the meqoriy understanding of regional mihaghiym, the elucidation of which is perhaps for another post.

The version preserved in the Talmudh Yerushalmiy is:

TEXT

נכנס לבית הכסא מברך שתים אחת בכניסתו ואחת ביציאתו בכניסתו מהו אומר כבוד לכם המכובדים משרתי קודש דרך ארץ הוא פנו דרך ברוך האל הכבוד כשהוא יוצא מהו אומר ברוך אשר יצר את האדם בחכמה

TRANSLATION

“One who enters the bathroom (beyth ha-kisse’) makes the blesses twice; once on the occasion of his entering and one on the occasion of his exiting. On entering, what does he say? ‘Honor to you, O the honored ones, servants of the Holy One, this is the way of the world, turn to your path. Blessed is the honorable God.’ When he exits, what does he say, ‘Blessed [are you, HaShem Eloheynu, King of the universe,] who formed the man with wisdom.'”

In this version, the “angels” are simply enjoined not to follow, as if the one entering the bathroom is merely taking a respectful leave of their presence. It also lacks an entreaty of any kind, whether for protection or for them to “wait.”

Mori Yusef Qafih z”l, in his commentary to Hilkhoth Tefiyllah 7:5, seems to prefer the version of the Yerushalmiy since it is obviously less problematic in its phrasing. Rav Qafih there [הערה יז], after commenting on the problems of adulteration to the printed texts of the Gemara and the Rambam (as opposed to the uncensored handwritten manuscripts), quotes the Yerushalmiy and then writes, ונאה ויאה בהתאם למטרה (“…and [this version] is pleasing and befitting in accordance with the goal [of saying it in the first place].”) However, as we shall see, the Rambam did not consider it problematic because of his rational meqoriy understanding of who or what these “angels” truly are and the overall function of the recitation (referred to by the Yerushalmiy as a “blessing”) in the first place.

Never did the Rambam understand this declaration as a “prayer,” nor at any time did he deem requests or favors as permissible when asked of mal’akhiym (“angels”). In the fifth of his thirteen foundations (note: יסודות not עיקרים) of Jewish faith, the Rambam states emphatically that

The fifth foundation [of faith] is that God, blessed be he, is worthy that we serve him, to glorify him, to make known his greatness, and to perform his commandments, but not to do this to those that are below him, that is, in the creation. Not to the angels, or to the stars, or the planets – or anything else – for they are all created things in nature and in their function, there is no volition or judgment [of their function] except by God himself. It is also not fitting to serve them as intermediaries to God. Only to God should you incline your thoughts and your actions. This is the fifth principle and it warns against `avodhah zarah (idolatry) and most of the Torah speaks out against this.

From here it is clear as to what the exact position of the Rambam was regarding the concept of entreating entities other than God himself. He forbade it completely and considered it to be completely outside the realm of proper monotheistic faith. But with all of the other adjustments in the Mishneh Torah that the Rambam makes in order to present the halakhah in a way that is free from superstitious concerns, why did he not simply leave out this recitation before entering the bathroom? Did the Rambam indeed codify a prayer to angels?

No, he did not.

In an article by Rabbi Dr. Hananel Sari (Shevat 5773) written for the monthly newsletter of the organizations Makhon Mosheh and Halikhoth `Am Yisra’el entitled Or HeHalikhoth, the position of the Rambam from his own writings is explained as regards the nature of mal’akhiym and specifically the purpose and identity those that are constantly referred to by Hazal as accompanying each individual (cf. b.Ta`aniyth 11a).

The following is my translation of the article by Rabbi Dr. Sari:

TRANSLATION

…The mal’akhey ha-shareyth that the Gemara describes, such as that they accompany a person home from the beyth kenesseth on Shabbath, appear to be the same mal’akhiym that are mentioned in other places in the sayings of Hazal. They testify to the deeds of a person if he acts in a way that is not appropriate (cf. Ta`aniyth 11a), and it seems that a person is supposed to separate and take leave of them by reciting various apologies before they enter to perform their needs (i.e. use the bathroom – cf. b.Berakhoth 60b).

The Shulhan Arukh writes that today we no longer have the custom to say this apology, called hithkhabdu mekhubadim (“Be honored, O honored ones…” cf. Orah Hayyim 3:1), since we are not so strong in our yirath shamayyim (“fear of Heaven”) that mal’akhiym accompany us (cf. Mishnah Berurah). In the halakhic work Kaf HaHayyim an opinion is brought in opposition to this that there are mequbaliym who recommend to say it also in our times, since these mal’akhiym continue to accompany each person also today. This mahloqeth, whether mal’akhiym still accompany people in our generation or not and if it is feasible to turn to them (for they comment on their observation that reciting this passage accomplishes not only positive assistance to those who say it, but it is also an important part of promoting a more meticulous inspection of our deeds), these issues are debated due to a conception of mal’akhiym which is far removed from that of the Rambam.

In the Moreh Navokhiym (2:6, 3:22) the Rambam, in dealing with the explanation of the nature of mal’akhiym, mentions that the meaning of the “mal’akh” is not always consistent, however the basic meaning is always “shaliyah” (emissary). Because of this, each naviy is worthy of being called by this name and even the forces of nature through which the Holy One, blessed be he, manages His world, all of them are worthy to be called “mal’akhiym” and they are known as the pamalya shel ma`alah (i.e. the entourage of the Holy One, blessed be he). After this introduction, the Rambam brings a passage from Midrash Qoheleth that tells how when a person sleeps “nafsho omereth le-mal’akh umal’akh omer le-keruv – his soul speaks to the ‘angel’ and the angel speaks to the ‘cherub’.” And from here he learns that in the language of Hazal the creative faculty of a person is called a “mal’akh” (‘angel’) and his intelligence is called “keruv” (‘cherub’).

The Rambam knew that the majority of people were not accustomed to designating these parts of the soul as being mal’akhiym and would even resist accepting this fact. Therefore, he continues and says, “How important this is for the one who knows, and how ugly it is to those who are fools.” We find therefore who these mal’akhiym are according to the Rambam that accompany a person to every place that he goes, and it is clear now that in his opinion each person is accompanied by these two mal’akhiym also in our times. Now it only remains to clarify who is the “evil mal’akh” and who is the “good mal’akh.” The question is not so difficult, yet the Rambam also deals with this question, but in another chapter of the Moreh (2:12) – see there.

END TRANSLATION

Making requests – either for intercession or favors – from objects or beings other than HaShem is a violation of the fifth foundation of Jewish faith and is the basis of all idolatry. Even nevi’iym who received their prophecies through the agency of a mal’akh didn’t ever make requests of them. Instead, they prayed directly to God and allowed God to use whatever means he deemed necessary to answer them.

This short recitation instituted by Hazal amounts to little more than a dual reminder to oneself while tending to regular bodily needs: (a) to hold off thinking holy and religiously-constructive thoughts while in the bathroom until we are finished and exit, and (b) that our intellects – our rational capacity (צלם א-להים sselem Elohiym)- are intensely powerful tools for serving the One and only Creator of the Universe, blessed is he.

So, we truly do have two angels sitting just above our shoulders. Now, that is something to think about.

Kol tuv,

YB