Geniza Day - Yevar La Ley

Our Sifrei Torah do not last forever. We have several Sifrei Torah that are too old and worn out to be used, the writing is too cracked and faded and the parchment too fragile. In Jewish Law and tradition, we bury Sifrei Torah that are too old to be used. Al Maimon pointed out to me in his father’s writings an old custom called Yevar La Ley which means burying holy objects. Every two to three years the Sephardic community would go to the cemetery and bury old prayer books and Rabbinic works.

It is our desire to bring the whole community together to take part in this noble endeavor of burying our holy Sifrei Torah together with old Humashim, Siddurim and the like. Please save the date of May 3rd at 11:00 AM at the Seattle Sephardic Brotherhood Cemetery for this auspicious occasion.

Please note Shabbat programs, photocopied sheets, synagogue newsletters and Jewish magazines etc. do not need to be put in geniza and should be wrapped in a paper bag and recycled. 

Burying Holy Objects (Yevar La Ley) by Sam Bension Maimon

Aside from the burial, there are several other occasions at which time Jewish people go up to the cemetery, referred to as Beth Hahayim (house of the living).  For example, such as going to unveil a tombstone, or going to make a “visit” to our dear departed, or going to say prayers on Erev Rosh Hashanah or Erev Yom Kippur.

One such special event that was prevalent in the early days of our Seattle Sephardic community was the custom of making a pilgrimage to the cemetery for the purpose of yevar la ley, literally “to carry the law.”  This was done probably once every three years, and most often coincided with the Sunday or the week of Lag La Omer.

To understand this practice, we would do well to review, in short, the rabbinical rule that anytime any religious object got worn out or became unusable, rather than throw it in the junk heap, we are bid to put it away in the geniza (a small storeroom or a cupboard).  This is done to avoid the desecration of the name or names of God that these objects might contain.  A torn out page from a Bible, or an old mezuza contains the name of God.  It’s our duty to treat these names of God with dignity and respect and not to discard them wantonly, without regard to its sacred contents.

Every synagogue has a geniza, where members bring in their worn out leaves from tefilah (prayer) books, old talets (prayer shawls), mezuzot (small parchment with biblical passages affixed to doorpost), tefilin (phylacteries), etc.  When these storerooms or cupboards get too full, all the contents of the geniza were gathered and taken to the Beth Hahayim to be buried in a special grave set aside for this purpose.

In our Seattle Sephardic community, when the men in charge had determined that there was enough ojas de ley (torn pages from sacred books, etc.) to warrant such a pilgrimage to the cemetery, this geniza material was filled up in several gunny sacks.  The general public also accompanied this procession, which included singing and dancing.  People today still talk about this as a very unusual and happy occasion.

When the people reached the cemetery, the chairman then would announce that there were so many gunny sacks filled with la ley and that each gunny sack was to be auctioned off, the highest bidder thus acquiring the privilege of accomplishing the mitzva of enterar la ley, or burying that particular sackful in the appropriate “grave,” and so the chairman would sing, “Kuanto dan por el primer saco de la ley?” (“How much is offered for the first sack of the law?”) Each gunny sack that was sold was accompanied to the place while the audience would sing appropriate songs including Bar Yohay, a song which Jewish people usually sing on Lag La Omer in tribute to the memory of the saintly Tanna Rabbi Shimon Ben Yohay who died on Lag La Omer.

Is God in Our Synagogues?

In this week’s Perasha, God tells Moshe to “make for me a sanctuary and I will dwell in their midst” (Shemot 25:8). Note that God plans to dwell among the Jewish people and not in the sanctuary. The Ohr HaHaim (17^th Century Moroccan Rabbi) explains that this refers not only to the mishkan – Tabernacle and Batei Mikdash – Temples but also to our synagogues when we are in exile. This means that when we show our devotion to God by praying to Him in kal, he will rest his divine presence upon us. As Rav Shimshon Raphael Hirsch (19^th Century German Rabbi) explains the true meaning of the verse “is the proximity of God in our midst”.

The Ohr HaHaim bases his explanation on a verse from Yechezkel (11:16) “Thus said the Lord God, ‘Although I have removed them far away among the nations, and although I have scattered them among the lands, yet I have remained for them a small sanctuary in the lands where they arrived.’” Rashi explains that the small sanctuary, the mikdash me’at is the synagogue.

The Gemara in Masekhet Megillah (29a) explains that the mikdash me’at can also refer to Batei Midrash – study houses. Indeed, when the Mashiach comes, these mini sanctuaries will be uprooted and transported to the land of Israel. In Masekhet Berakhot (6a) the Gemara tells us that prayer is only truly heard in synagogue as that is where God is found. The Gemara (Berakhot 8a) also tells us that one who spends long hours in the synagogue and study houses will have length of days – a blessing reserved for one who lives in Israel as the verse states “that your days mays may be multiplied and the days of your children, upon the land”. The Gemara explains that the synagogue is an extension of the Land of Israel.

The Ramban in a long passage to Shemot 13:16 explains “the purpose of synagogues and the merit of praying with a congregation is this: that people should have a place they can gather and acknowledge to God that He create them and caused them to be, and where they can publicize this and declare before Him “we are Your creations” This the intent of Chazal in what they said “and they shall call out mightily to God”. From here you learn that prayer requires a voice, for boldness can overcome evil.” From the Ramban we see the significance of synagogue as actualizing our ability to pray to God.

However, if we aren’t truly calling out to God in prayer, does God really rest his divine presence in our synagogues? Rabbi Dr. Nathan Lopes Cardozo argues that God is preparing to leave our synagogues as we aren’t fulfilling their purpose. It is only when we use the synagogues as they are intended that we can hope to have Hashem’s divine presence upon us. It is a call to challenge us to not only build the synagogue, not only visit the synagogue, but to call out fervently in prayer to our Father in heaven.

An Eye for an Eye

This week’s Torah portion contains one of the most misunderstood passages in the entire Torah. In Shemot (21:22-25) we have the following section of verses: “And should men quarrel and hit a pregnant woman, and she miscarries but there is no fatality, he shall surely be punished, when the woman's husband makes demands of him, and he shall give restitution according to the judges' orders. But if there is a fatality, you shall give a life for a life. An eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot. A burn for a burn, a wound for a wound, a bruise for a bruise.”

Throughout the centuries many have misunderstood “an eye for an eye” to be revenge punishment. In the 20^th Century, Martin Luther King said “The old law of an eye for an eye leaves everyone blind.” And Mahatma Ghandi said “An eye for an eye only ends up making the whole world blind.” Even Tevye from Fiddler on the Roof says “The whole world will be blind and toothless.”

But our Oral Tradition has always understood these verses to be talking about monetary repayments. As Rashi citing the Talmud writes “If a person blinds his neighbor’s eye, he must give him the value of his eye, which is how much his price to be sold in the marketplace has decreased without the eye. So is the meaning of all of them i.e., all the injuries enumerated in the following verses, but not the actual amputation of a limb, as our Rabbis interpreted it in Perek Hahovel” (commentary to Shemot 21:24).

Many think that this means that our written Torah was humanized by the Rabbis centuries later. But this is not the case as we know that God gave Moshe not only the Torah Shebichtav – The Written Torah but also the Torah Sheba’alpe – The Oral Torah.  Rabbi Shmuel Goldin writes in his excellent work Unlocking the Torah Text “Why doesn’t the Torah simply say what it means? Over the ages, the “eye for an eye” formula has been cited by critics as proof of the vengeful, primitive nature of Mosaic Law. If the Torah never meant to mandate physical punishment in cases of personal injury, why wasn’t the text more clearly written? A great deal of misunderstanding, misinterpretation and trouble could have been avoided had the Torah simply stated, ‘The court shall levy the appropriate compensatory payment in cases of personal injury.’”

Rabbi Goldin explains “the Torah confronts a serious dilemma as it moves to convey its deeply nuanced approach to cases of personal injury: using the tools at its disposal, how can Jewish law best reflect the discrepancy between ‘deserved’ and ‘actual’ punishment?

“The gravity of the crime is such that, on a theoretical level, on the level of ‘deserved punishment,’ the case belongs squarely in the realm of dinei nefashot (capital law). The perpetrator truly merits physical loss of limb in return for the damage inflicted upon his victim. Torah law, however, will not consider physical mutilation as a possible punishment for a crime. The penalty must therefore be commuted into financial terms. Had the Torah, however, mandated financial payment from the outset, the full gravity of the crime would not have been conveyed. The event would have been consigned to the realm of dinei mamonot (monetary crimes), and the precious nature of human life and limb would have been diminished. The Torah therefore proceeds to express, with delicate balance, both theory and practice within the law.”

Shabbat Shalom

Dvar Torah on Parashat Yitro

Amalek and Yitro: Non-Jewish attitudes towards Jews

At the end of last week’s Torah portion we read about Amalek’s attack on the Jewish people. This week we read about Yitro’s arrival in the Israelite camp to reunite Moshe with his wife and children. According to rabbinic tradition Yitro came to convert to Judaism. So at first glance there doesn’t seem to be many similarities between these two stories. However, our Rabbis have used the two stories to learn about the different attitudes that the non-Jewish world can have for us.

Amalek responds by trying to exterminate the Jewish people. Because Amalek is represented as the paradigm of an evil nation that fears and negates the presence of God, the Jewish people is enjoined to wage a war against Amalek, and all of those who are like him throughout the generations. Yitro on the other hand represents the righteous gentile, who upon hearing of the wondrous events of the Ten Plagues and the splitting of the sea comes to visit the Jewish people in the desert. Indeed Yitro praises God for all the goodness that befalls the Jewish people.

The Ibn Ezra notes that the Torah chooses to place the two stories together to contrast Yitro and Amalek.  On the one side we have the evil that Amalek perpetrated against Israel and on the other the goodness of Yitro and his kind counsel.  Unlike Yitro, the Amalekites seek out Israel not to attach themselves to their exalted destiny, not to embrace the word of God that they journey towards Sinai to receive. Quite the contrary, Amalek brutally attacks in order to emphatically dispel those very truths that the people of Israel represent. 

However, if we take a deeper look at Yitro, there are some interesting things to be learned. The Torah says that Yitro was חד. This is a very difficult word to translate. The most common translation is that he rejoiced coming from the Hebrew word חדוה. Rashi also brings a Midrashic interpretation too. He writes that “Yitro’s flesh became prickly with goose bumps חִדּוּדִין חִדּוּדִּין because he was upset about the destruction of the Egyptians.

Rabbi Gabe Pransky, a fellow graduate of Yeshivat Hamivtar writes on the significance of Yitro’s goose bumps. “This Midrash teaches us something about the complexity of the human heart. Although consciously and overtly identified with the Jewish people, Yitro cannot, apparently, simply erase who he was and how he once felt. On a visceral level, he still retains his feelings for the Egyptian nation. His newer relationship with Moshe, God, and the Jewish people does not erase his old personality, or his old sensitivities. We are complex beings. We can consciously choose and espouse one set of values and beliefs, while at the same time, on a deeper, more intuitive level, harbor within us very different, even opposing, emotional connections and responses.

“It is not an accident that the Rabbis see Yitro’s body – his flesh – as the thing that gives him away, and reveals to us, and to him, who he really is, underneath. In addition to the conscious, intellectual choice which Yitro has made to praise God and recognize the miracles He has done for His people, he also has a set of deeply felt emotional commitments which he cannot simply decide to undo. Like the rest of us, Yitro lives somewhere in between who he is, and who he would like to be.”

Dvar Torah on Parashat Bo

Dvar Torah - The Jewish People Ask for Gold and Silver Vessels – by Rabbi Hassan Based on the teachings of Rav Hirsch

Our Parasha has all the highlights of Pesach. The last three plagues, the laws of the Korban Pesach, Yetziyat Mitzrayim and … the Jews asking for gold and silver from the Egyptians. Why is this detail mentioned in the climax of the redemption of our nation?

When Hashem foretold to Avraham the exile of his descendants, He said “You shall surely know that your seed will be strangers in a land that is not theirs, and they will enslave them and oppress them, for four hundred years. And, the nation that they will serve I will judge, and afterwards they will go forth with great possessions.” (Bereshit 15:13-14) Hashem promised to Avraham that we would leave with great wealth but as slaves we didn’t have any possessions. Everything belonged to Pharaoh.

Hashem commands Moshe to tell the people “Please speak in the ears of the people. Let each man request of his fellow and each woman from her fellow silver vessels and gold vessels. Hashem granted the people favor in the eyes of Egypt. Moreover, the man Moshe was very great in the land of Egypt, in the eyes of the servants of Paroh, and in the eyes of the people.” (Shemot 11:2-3) How did former slaves become so great in the eyes of their former masters?

Hashem provided the Egyptians with a powerful demonstration of the character of the Jewish people. For three days, the Egyptians were immobilized by the plague of darkness. Everything they possessed was available to the Jews for the taking. Moreover, they themselves were fair game to anyone seeking vengeance and reprisal for all the horrors inflicted upon the slave-nation by their Egyptian masters.

When the Egyptians began to see again, it was not only with a sense of relief at having survived their ordeal, but of disbelief that they and their possessions had emerged unscathed and unmolested. Their dwellings were fully in order; nothing at all was missing. The Jews, free to help themselves of whatever they pleased – and with good reason to do so – had taken nothing at all. In an instant, they comprehended the moral nobility of the people with whom they had dealt so unjustly. Moshe, the leader of that people, achieved stature in their eyes for guiding them to moral greatness. This – not all the plagues he had visited upon them – made him great in their eyes.

Why does the Torah say “please speak” surely the Jewish People would have been happy to carry out this command? The Jews must have sensed their triumph, and understood that they had laid firm and unambiguous claim to the moral high road. Once in possession of it, they would not part with it easily. This is why they had to be urged and cajoled “please speak” to ask their newly-found admirers for gifts. Having tasted the sweet taste of moral significance, they were unwilling to trade away any part of it for money. Accepting money – blood money – from their erstwhile oppressors would buy some atonement for the Egyptians, and narrow the moral gap between the two peoples.

Why, then, did Hashem want them to accept the reparations? The Jews stood on the threshold of genuine peoplehood. They would cross the border of Egypt as a nation, not a huge collection of individuals. Hashem was already looking towards the future, shaping their future well-being at the very moment that he was sculpting them into a complete nation. He was concerned about their future. Their material prosperity was no small part of it. The foundation of that prosperity should be strong, and He wanted the first deposit into their account to be made by outsiders who had recognized the moral greatness of Hashem’s chosen people. The first installment in their savings plan should be elevated above the ordinary by linking it to a Jewish success in spreading awareness of Hashem and His teaching.

Shabbat Shalom

Eclipses in Jewish Thought

On August 21st there will be a solar eclipse. For some of us it will be a total solar eclipse. Is there any significance to eclipses in Judaism? In the Book of Joel (found in the 12 ''minor prophets" - known for their shorter prophecies - not lesser significance) there is reference both to a solar eclipse and a lunar eclipse: 

"The sun shall turn to darkness, and the moon to blood, prior to the coming of the great and awesome day of the Lord" (Joel 3:4). The sun turning to darkness is a solar eclipse, the blood moon is a lunar eclipse. Rashi in his commentary to Joel says that the solar eclipse is a sign for sun worshipers to realize that God is not a sun. 

Jeremiah has this piece of advice "So says the Lord: of the way of the nations you shall not learn, and from the signs of the heaven be not dismayed, for the nations are dismayed from them." (10:2)

You can find the main literature on eclipses in the Talmud in Tractate Succah 29a. It brings 3 opinions for what an eclipse means. The first is that a solar eclipse is a bad sign for the world. The analogy is of a master preparing an evening meal for his servants and then removing the candles. The second opinion is that both solar and lunar eclipses are bad for the Jewish people. The 3rd position is that solar eclipses are bad for those who follow a solar calendar and lunar eclipses are bad for those who follow a lunar calendar. However, the Gemara concludes with the verse from Jeremiah and states that if we are serving Hashem wholeheartedly we have nothing to fear. Despite this third opinion the Gemara and the rishonim - (Rabbis between 1000 - 1500) considered the Gemara a bad omen and even gave reasons for why eclipses happened. 

Today, we have a better understanding of science we have to ask a fundamental question. What is the Gemara talking about? This is just an act of nature it doesn't mean anything good or bad! The general approach of the acharonim - the latter commentators is that the eclipses were set up by Hashem in his rules for nature. They are there to remind us that sometimes we are blocking our own ability to connect with Hashem in a deeper way. 

Do we make a beracha on an eclipse? There was a thought to say the beracha - baruch dayan ha'emet - the blessing after the loss of a loved one. But the loss of sunlight is so short  the consensus is not to make a beracha. The consensus is not to make a beracha because it is not mentioned in the Gemara. Why did the Gemara not mention a beracha - probably a combination of it being short lived and because it is a bad omen. 

Rav Haim David HaLevy, the former Chief Rabbi and Av Beit Din of Tel Aviv was asked perhaps with the new knowledge that eclipses are not bad omens perhaps we should make a beracha. He writes the following "Our Rabbis instituted blessings over acts of creation and powerful natural events, like lightning and thunder and so on. However, they did not do so for a lunar or solar eclipse. And if only today we could institute a blessing when we are aware that an eclipse is indeed an incredible natural event. But we cannot, for a person is forbidden to make up a blessing. If a person still wants to make some form of a blessing, he should recite the verses “And David blessed…blessed are you, G-d, the L-rd of our father Israel, who performs acts of creation."

If you'd like to read more about halachic and hashkafic nature of eclipses please click here to read this scholarly work by Dr. Jeremy Brown. For more on whether to make a beracha click here to read an article by Rabbi Dov Linzer

I hope you enjoy the eclipse. Please remember to use the correct eyewear if you plan to look at the sun. 

Preparing for Tisha B'Av 5777/2017

Preparing for Tisha B'Av

I'm calling this blog post preparing for Tisha B'Av because the mourning customs we have leading up to the fast day are all designed to prepare us for the intensity of the day. Without preparation a person can struggle to really feel the significance and poignancy of the day.

In just under 3 weeks we will commemorate Tisha B'av when we will mourn the destruction of our two holy temples and every Jewish tragedy that has befallen our people from the sin of the spies to the holocaust. There is no other day like Tisha B'Av. At the same time it is hard to feel a personal tragedy for the destruction of the 2nd temple that happened almost 2000 years ago. This is something our rabbis understood very well and as such they instituted a number of mourning customs to lead up to this sobering day.

The customs of different Jewish communities vary, I will try and concentrate on the main ones and explain them a little bit. 

There are four stages of mourning. The first stage is the 17th of Tammuz till Rosh Hodesh. In this period Sephardim don't wear new clothes or say the blessing of Shehecheyanu on a new fruit except on Shabbat. Many refrain from listening to music for the full three weeks but this is not found in the Talmud or Shulkhan Arukh.

The next period of mourning intensity is from Rosh Hodesh Av till Shabbat. The third period is called Shevua Shechal Bo - the week that Tisha B'Av falls. (E.g. if Tisha B'Av falls on a Monday night/Tuesday then Shevua Shechal Bo is from Saturday night until midday the day after the fast.) Finally we have the most severe mourning customs on Tisha B'Av itself. Generally speaking the Sephardic customs are more lenient than for Ashkenazim. 


Starting on Rosh Hodesh and including Rosh Hodesh Jews from Turkey, as well as Ashkenazim have the custom to abstain from meat (including chicken) and wine until the 10th of Av. The exception being on Shabbat when we eat meat to the same level that we would on a regular Shabbat. Other Sephardic communities including many from Rhodes refrain from meat from the 2nd of Av till the 10th. When it comes to drinking the wine/grape juice after havdallah, Ashkenazim give the cup to a child whereas for us we follow Rabbi Yosef Caro and drink it ourselves.

Shevuah Shechal Bo
Starting from Saturday night, Sephardic men refrain from haircuts and shaving. (Some follow the custom of our Ashkenazic brothers and do not have haircuts for the entire three week period from the 17th of Tammuz.) We do not do any laundry, we only take short showers out of necessity, we only change our undergarments or any clothes that are soiled. We also aren't allowed to go swimming for pleasure (and most people don't have swimming lessons either since they can be fun too).

When Tisha B'Av is nidche (pushed off) to Sunday. Many halachic authorities do not consider there a need to have a Shevuah Shechal Bo at all. As such it is permitted to do laundry and shower and even to swim. Most people are strict and avoid having haircuts. 

Erev Tisha B'Av
The day before Tisha B'Av we continue to learn Torah until sunset. (Ashkenazim stop learning regular Torah portions at midday.) After this time we are only allowed to learn Torah that is upsetting such as reading Eicha - The book of Lamentations describing the destruction of the First Temple, Sefe Iyov - The Book of Job, Sections from the prophet Jeremiah, Sections from the Talmud dealing with the destruction of the First and Second Temples and Kinot - poems about Jewish tragedies throughout the ages.

On Erev Tisha B'Av we have a Seudah Hamafseket. This is the last meal before the fast. The meal should consist of only one cooked dish. Two foods that are normally cooked together are considered one dish. So for example a dish of egg and lentils would be ok to eat. One can also eat bread with this meal too. My practice, has been to have a normal pre fast meal a few hours before the fast. Then just before the fast I have a piece of toast and I sit on the floor and think of the destruction. 

When Erev Tisha B'Av is on Shabbat none of these laws apply and we treat the day like a regular Shabbat. However, one must be careful to finish Seudah Shelishit before the fast starts. Please note that the fast begins before Shabbat ends. 

Tisha B'Av
Apart from learning Torah that makes us happy there are five things which are prohibited on Tisha B’av. Eating and drinking, washing, rubbing one’s body with oils or lotions, wearing leather shoes, and marital relations. Although not strictly forbidden, it is strongly recommended to take the day off on Tisha B'Av or at least not to work until halachic midday (1:15pm). Since we are all considered mourners on this day, we do not greet each other.

Ladies who have given birth within 30 days are exempt from the fast. Similarly, anyone who has a serious illness or would become ill from fasting is exempt.

The liturgy on Tisha B'Av is very powerful and the tunes are very moving. Although one isn't supposed to enjoy the tunes on Tisha B'Av, my grandfather of blessed memory would love to hum the melodies of Tisha B'Av throughout the year. One of the powerful kinot contrasts the festival of Pesach with Tisha B'Av using the famous "Ma Nishtana - Why is this night different from all other nights?"

On Tisha B'Av night the lights are dimmed low, or tea lights are used. We sit on the floor and read Eicha - The book of lamentations. On Tisha B'Av day we don't wear talet and tefillin in the synagogue and we continue to sit on the floor. (Some Sephardim have the custom to wear them privately at home before coming to services but that is not the SBH minhag). We again read Eicha and more sad kinot. After midday we are allowed to sit on regular seats and at minha we wear talet and tefillin. Since we are forbidden to learn Torah on Tisha B'Av, if one learns daily, that learning should be done either the day before or the day after Tisha B'Av. Tehillim may be recited on Tisha B'Av itself but only after halachic midday (1:15pm).

The mourning practices are in reverse to those of a loved one. Instead of most intense to least intense, we go from least to most. The idea being that we must prepare ourselves for it. If we were to go straight into the strict mourning of Tisha B'Av without the three weeks of preparations we would struggle to find meaning. Instead we build up gradually. As we do that this year let us work on our mitzvah observance and the way we interact with others. May Hashem grant peace in Israel.

When the fast finishes, one should still not eat meat or drink wine until Midday the following day. The reason being that when the Second Temple was destroyed it continued burning for much of the 10th of Av. Other restrictions such as showering and shaving etc. are permitted from the end of the fast. (Ashkenazim wait until midday for those too).

When Tisha B'Av is commemorated on the 10th, one does not need to wait until midday of the next day.