The Twelve Minute Shiur

We begin our close reading of Rambam's הקדמה (Hakdamah), the Introduction to the Mishneh Torah, his great compilation of Jewish law and arguably *the* most impressive work of halakhah ever written. In this installment: Rambam on the origin and the history of the תורה שבעל פה (Torah sheb`al peh), the "Oral Torah."

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The second and concluding installment of our look at Rabbi Moshe Feinstein's introduction to his collected responsa, where he sets forth his theory of why the contemporary posek (halakhic authority) is entitled - and even obligated - to undertake the daunting task of speaking in the name of Torah and halakhah. Does his view of the matter have anything to teach us? Does it have anything in common with our own progressive outlook?

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Rabbi Moshe Feinstein, one of the leading Orthodox poskim(halakhic authorities) of the 20th century, was certainly no liberal or progressive. But his theory of halakhic decision has much to teach us. At least… we think so, and in the next several episodes we’re going to explore that theory, which he sets forth in the הקדמה (introduction, preface) to his collected responsa.

Part 1: why maybe I shouldn’t have been a posek!

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Most Orthodox poskim will tell you that, to be a valid ("kosher") witness, a person must be an Orthodox Jew, that is, observant of ritual halakhah according to Orthodox standards. So: a Jewish wedding ceremony is valid kiddushin only if it is witnessed by two Orthodox Jews. We have two questions: 1) how do they know this? and 2) is it true?

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It's a typical halakhic discussion among the rishonim (medieval Talmudic scholars): an analysis of texts concerning the laws of aninut, the period of time that extends from the death of a loved one to the moment of burial.

Typical? Could there be more to it? Does this back-and-forth over seemingly dry and technical details conceal an emotional dispute among members of a grieving family?
​An exercise in reading between the lines of our halakhic texts.

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Do you like creative liturgy - poems and thought-pieces and readings that add to or replace the traditional siddur text ? If you do, you probably know that Orthodox Jews claim that such creativity with the liturgy is a violation of the halakhah.

Hmm - it seems that we've been through all this before.

A look at how today's innovations in public prayer are simply the latest round in a centuries-old halakhic controversy.

Reform congregations make a point to recite Sh'ma on their feet: they either rise or remain standing, if able. Most everybody else recites it in a seated position. Many say (wouldn't you know it?) that the Reform practice violates the halakhah.

​Here's an argument to the contrary.

It's a well-known minhag (custom) to require that the wedding ring be a plain band, with no precious stones. But is this a requirement of halakhah? Most authorities say "yes," but their argument is open to... well, argument!

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Most say "three."​ Some say "two." Why the disagreement? And what's behind the two positions? We go back to the Mishnah and survey 1500 years of debate. Not so bad, we not-so modestly think, for twelve-plus minutes!

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In traditional Ashkenazi siddurim, you'll find this instruction, right before Sh'ma Yisrael: "when praying in private, add 'El Melekh Ne'eman.'" Is this a big deal? Well, when you say "El Melekh Ne'eman" you're adding material to k'ri'at Sh'ma (the recitation of Sh'ma and its accompanying b'rakhot), without any authorization in the classical sources, and the halakhah has a big problem with that. It shouldn't be there... but it is! And that fact tells us something about the capacity of Jewish law to change, to accommodate itself to the needs of those who pray. So yes, it is ​a big deal!

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We all know that a minyan, the quorum needed for communal prayer (t'filah b'tzibur), is composed of a minimum of ten adults. Children, who have no obligation (yet) to fulfill mitzvot, don't count in a minyan. But already in Talmudic times and through the Middle Ages, some rabbis wanted to include a child in a minyan, at least as the tenth person alongside nine adults. In this installment, we take a brief look at their arguments and at what they might teach us about the value of "inclusion."

In our last installment, we saw that Rabbi Moshe Feinstein ruled that Reform weddings do not create halakhically valid marriages. In this installment, we'll see that another leading American Orthodox posek, Rabbi Yosef Eliyahu Henkin, rejects Feinstein's decision in no uncertain terms. Not, to be sure, because he thinks highly of Reform Judaism, but because he tells a very different story about the Jewish community of his time. It makes one think about the role of storytelling in halakhic decision.

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In this installment we consider the (in)famous decision of Rabbi Moshe Feinstein, the preeminent 20th-century Orthodox posek in North America, concerning Reform Jewish weddings. Spoiler alert #1: he thinks that they do not produce valid Jewish marriages according to halakhah. Spoiler alert #2: his ruling served a purpose that all of us progressive types can support, even if what he says about us is vituperative and insulting. As we like to say in the halakhah ​business: it's complicated. Which is why it's so interesting.

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Two Jews walk into a church (stop us if you've heard this one!). They get married there, in a Christian ritual, with a priest as the officiant. Does halakhah recognize this marriage as valid under Jewish law? Some rather serious consequences ride on the answer to this question. In this installment, we consider the answer offered by a leading sage of the 15th century.

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We hear much these days about "the death of expertise," a growing tendency to ignore and cast suspicion upon the counsel of physicians, scientists, economists - trained experts of every sort. Why is this? Is it because we're too dumb to listen to people who know better? Well, maybe! But that's only a partial answer, because the experts may bear their share of the responsibility, too. The halakhah instructs us to heed the counsel of the expert (the baki, the mumcheh) in their area of expertise, but it knows that despite their expertise – or sometimes even because of it - experts run into problems. Maybe the halakhic discussion can shed light on the problems faced by today’s experts.

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We liberal Jews are quite familiar with the b'rakhah known as "Shehechiyanu." It's our all-purpose blessing of thanksgiving. We recite it all the time, over almost every conceivable moment of personal and communal celebration. In fact, though, the tradition knows of (at least) three b'rakhot of thanksgiving, each one to be recited at specific moments over specific things and under specific conditions. This doesn't mean we need to stop saying Shehechiyanu at the drop of a hat - er, kipah - but it's not a bad idea to keep the other b'rakhot in mind.

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In this installment, we look at a t'shuvah (responsum) from 1948 by a leading Orthodox posek on the question of draft exemptions for Torah students. We doubt that his opinion would be popular among today's chareidim. Not surprisingly, we find his reasoning impeccable.

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In Israel, as estimated 60,000 full-time students at chareidi (ultra-Orthodox) yeshivot are exempt from giyus (the draft). It's a bitterly contested issue, especially during a two-year war when the other segments of Israel's population have shouldered a heavy burden of military service. The chareidim justify the exemption for halakhic reasons (among others). Hmm... does Jewish law really grant yeshivah students an exemption from the army? In this installment, we consider their major arguments.

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The birkot hanehenin, the blessings we recite before deriving material benefit from Creation: why exactly do we recite them?

At the moment of kiddushin, the inception of marriage, we recite the b'rakhah known as birkat eirusin, "the betrothal benediction." What does the text of that b'rakhah tell us about the nature of marriage according to the halakhah? Surprisingly - well, maybe not surprisingly - there's a machloket over that!

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