Diversity in the Court!

A sour taste was left in some mouths back in January, after Supreme Court Justice Stephen Breyer announced his retirement from the Court and President Biden pledged to nominate a black woman to assume his seat.

Personally, I don’t care if the president sought a Samoan-born, hard of hearing, left-handed candidate to further diversify the Court. As long as the requisite credentials and talents were there, fine with me.

So, does Ketanji Brown Jackson, the president’s nominee, have what it takes to be a High Court judge?

My thoughts on the matter are here.

Shemini – Feel the Burn

Fire descending from heaven was something our ancestors in the desert experienced nightly for decades, as the daytime pillar of cloud was replaced by one of flame. It had surely become an expected, regular event.

And so the question has been asked: Why, in our parshah, at the dedication of the Mishkan, when fire descended “from before Hashem” and consumed the korban olah on the mizbe’ach, did the nation react so passionately, by “rejoicing and falling on their faces” (Vayikra 9:24)? Fire from heaven? Was that not a daily occurrence?

One approach might be that this fire descent took place during daytime – think of how we might react were the sun to suddenly appear for a few moments at midnight. Or, as Emerson wrote: “If the stars should appear one night in a thousand years, how would men believe and adore…”

But the Shem MiShmuel points to something else here. The pillar of flame, like its daytime counterpart, the cloud, he notes, essentially served a destructive purpose, preceding the nation as it traveled and consuming any obstacles or threatening creatures in the Jews’ path. Here, though, the divine-directed fire’s consuming was of a korban, from the root meaning “closeness,” and thus was, beyond all else, a demonstration of Hashem’s love for Klal Yisrael. That is what so struck the people and brought forth their rejoicing.

Fire, indeed, is the obvious symbol of all that can be either powerfully destructive or constructive. In its natural, unbridled state, it is the former. Properly harnessed and directed, though, it can be the latter. And fire, in many midrashim, symbolizes the yetzer hara, the inclination to do what is wrong (see Kiddushin 81a). 

Left unfettered, it leads to doom. But it is also what allows the world to work. 

Rav Shmuel bar Nachman said that “Were it not for yetzer hora, no man would build a house, take a wife and beget children” (Bereishis Rabbah 9:7). When the chachamim tried to prevent the yetzer hora from operating, disaster resulted (Yoma 69b).

But, “pulled to the beis medrash” (see Kiddushin 30b), when its power is harnessed for good – it is invaluable.

© 2022 Rabbi Avi Shafran

Tzav – Finding Fervor

“And for generations,” the Midrash, quoted by Rashi, adds to its assertion: “The word tzav [‘command’] implies ziruz [‘fervor’ or ‘zeal’] immediately…”

The context of the Midrash’s statement are the laws of terumas hadeshen and the olas tamid (the daily removal of a small portion of ashes from the heap on the mizbei’ach and the daily burnt offering). And, indeed, the Chasam Sofer notes, when something is done daily, it can easily devolve into a rote action, hence the need to consciously summon “fervor” – hislahavus, fiery ardor.

But the “for generations” addition implies even a future when there may be no Beis Hamikdash or offerings. And so the late fifteenth century Akeidas Yitzchak applies the exhortation to what takes the place of offerings when there is no Beis Hamikdash: tefillah, prayer.

It’s indeed all too easy to merely “recite” the five minute amidah, the essential tefillah offered thrice daily. For a prayer to be most meaningful, though, ziruz is essential.

Rav Shlomo Yosef Zevin, presumably because tzav is a word used by the Torah in a number of contexts, stresses the need for fervor in all mitzvos (which word, of course, is formed from tzav).

He notes further that when Haman slandered the Jews, he said “They sleep through the mitzvos” (Megilla 13b). Not “they neglect the mitzvos,” but rather “they perform them “as if asleep” – i.e. as rote, lacking fervor. 

Indeed, Amalek is the root cause of such spiritual nonchalance. In Parshas Zachor, we read that Amalek karcha baderech, “happened upon you on the road” (Devarim 25:18). The word “happened” can be read to mean “cooled you off” (see Rashi, ibid).

Purim, when we focus on Haman’s defeat, is an ideal time to capture fervor, hislahavus, for the moment and the future.

© 2022 Rabbi Avi Shafran 

The Right to Not Speak

The U.S. Constitution’s First Amendment doesn’t only prohibit government from preventing what we choose to say; it also prohibits its forcing a citizen to say what he doesn’t want to say. And a case that will be argued before the U.S. Supreme Court in the fall — one with repercussions for some businesses in the Orthodox Jewish community — revolves around that concept.

To read about the case and the concept, please click here:

Parshas Vayikra – Love and Coercion

The Rambam famously explains how, in a case where a Jewish court has determined that a couple must divorce, the court can force the husband to hand the get, or divorce document, to his wife. A get, after all, must be given willfully, not under coercion.

The Rambam spells out that, once a valid court has decided that a divorce is necessary, the divorcing becomes a mitzvah and, no matter how unwilling the husband may be, since part of every Jew wishes to do what is required of him, that undetectable but existent will is sufficient to make the handing of the get, even with the husband’s other arm being literally twisted, valid. 

The idea of a coerced act being considered willful appears as well at the start of our parshah, with regard to korbanos, “sacrifices.”  Commenting on the word lirtzono, “willingly,” about the offering of a required korban olah (Vayikra 1:3), Rashi quotes Rosh Hashanah 6a: “We force him, until he says ‘I want’ [to do the act].” Even forced, in other words, he also wants.

But the Rambam’s explanation of how a modicum of will exists even in a recalcitrant Jew, while relatively understandable in the case of an action like the handing over of a geht, is much less comprehensible in the case of a korban. Because even if the will to do the right thing lies somewhere in the heart of the sacrifice offerer, a korban must be accompanied by repentance. How can a feeling like that co-exist with coercion?

What might be pertinent here is the observation of Rav Eliyahu Dessler, that love, rather than being something one “falls into” or “is in,” is in fact something generated. By giving. When, for instance, a parent gives to a child, or a spouse to a spouse, love is not only expressed but created

So, if repentance can be understood as an expression of love for Hashem (and korban, after all, is rooted in karov, closeness), perhaps, the very offering of the korban itself creates a step of repentance, and the supplicant’s “I want” extends meaningfully not only to doing, but to feeling, what is right as well.

© 2022 Rabbi Avi Shafran