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Halacha - It's the Law!

Rabbi Seth D. Gordon rabbigordon@tradcong.org

Hilchot Pesach (2010/5770)

Leaving Before Pesach:  What about the Search and Burn?

As we are not permitted to own chametz on Pesach, the 1^st Mishnah of Pesachim requires that we do bedikat chametz, the search for chametz, on the evening before Pesach.  “The day of the 14^th we check for chametz by the light of a candle.”  The 5^th Mishnah instructs us that we then “burn” the chametz (which may include other disposing) which must be done by the end of the fifth hour on erev Pesach.  “Burning” and “searching” are regarded as inherently connected.

But what if you intend to be away from your home?  The Talmud (Pesachim 6a) records:  “Rav said: `One who leaves (by sea) or who goes out by caravan more than 30 days [before Pesach] does not need to burn; within 30 days he needs to burn.’”  Rav, one of the leading Sages, lived in the late 2^nd century into the 3^rd century, and moved from Israel to Babylonia.  Rava, who lived in Babylonia nearly a century later, modified Rav’s statement:  “Prior to 30 days he does not need to check only if he does not intend to return.”

The halachah seems to be that one who leaves their home more than a month before Pesach is not responsible for bedikat chametz and the burning of chametz as long as if they do not intend to return within 30 days of Pesach.  Why, however, are they required to do bedikat chametz if they intend to return within 30 days of Pesach?  RaMBaM writes:  in case he returns so close to Pesach that he does not have enough time to complete the search and burn.   Later commentators note the special circumstances in the Talmud’s rulings – we are dealing with long voyages which are inherently unpredictable; but common excursions where unexpected delays would not cause an arrival so close to Pesach does not require one to do bedikat chametz more than a month beforehand.  Others qualify this even further:  Whenever there is a reasonable chance that you might be delayed and would then arrive too close to Pesach, one must do bedikat chametz well beforehand.  And others add that the requirement to search and burn more than 30 days before Pesach only applies if there are no members of the household who can perform bedikat chametz.

To fully understand this halachah, several readings are advised.  But the practical significance is evident:  (1) The violation of chametz-ownership on Pesach includes atypical scenarios.  (2)  In modern times, these scenarios are even more prevalent.  (3) One cannot merely walk away from chametz-ownership simply because he/she will be away.  (4) The nuances presented here reflect the ongoing and serious struggle of halachah to remain true to Talmudic principles, even as new circumstances emerge. 

For those of us staying home, bedikat chametz takes place this year on Sunday, March 28^th, between sunset and nightfall, with a candle; burning (or other disposing) takes place no later than mid-morning Monday, March 29^th, and the seder takes place later that night.  As our homes will have been thoroughly cleaned of chametz before the night of the 28^th, to properly fulfill bedikat chametz we prepare 10 special packets, distribute them in places we will recall as necessary, recite the berachah found at the beginning of your hagaddah, and find the packets and keep them together for the next day’s disposal.  This mitzvah is a simple but memory-creating activity for you, your children and your grandchildren. 

Hilchot Purim (per Rambam, Hilchot Purim)

The four mitzvot of Purim are:  (1) To read the megillah, (2) to send mishlo’ach manot, (3) to send matanot l-ev’yonim, and (4) to enjoy a Purim se’udah (festive meal).  The halachot detail the mitzvot:

All are required to read the Megillah -- men and women, and children are to be educated in the observance of mitzvot.  In fact, all mitzvot are set aside for the reading of the Megillah, except for met mitzvah (burial of an unattended corpse).  (1:1)  Reading or hearing the Megillah read fulfills one’s obligation, as long as it is heard from one who is obligated for its reading.  (1:2)

The mitzvah is to read (or hear read) the entire megillah at night and in the morning.   We recite three berachot before reading the megillah and one berachah after the reading of the Megillah. (1:3)

The Megillah is read on the 14^th of Adar, except in those cities that were walled during the time of Joshua bin Nun, where it is read on the 15^th (Shushan Purim).  (Yerushalayim is one such city.)  (1:4-1:5)

In a leap year, when there are two Adars, the megillah is read on II Adar.  (1:12)

The megillah is not read on Shabbat, due to the prohibition of carrying on Shabbat and the concern that people would carry the megillah. (1:13)

The megillah must be read in its proper order, and directly from the scroll and not by heart.  In public readings the reader should stand. (2:1, 2:3, 2:4)  One can fulfill his/her obligation by reading it in Hebrew, whether or not he/she understands Hebrew, or in a language that they understand. (2:4)

The ten sons of Haman should be recited in one breath.  The custom is to spread out the scroll like a missive. (2:12)

It is forbidden to offer anguishing eulogies or to fast on Purim or Shushan Purim (15^th of Adar). (2:13)

There is a mitzvah to give mishlo’ach manot (food gifts) to at least two people (but one can send more), and another mitzvah to give matanot l-ev’yonim (gifts to the poor) to at least two people (but one can send more).  Since Purim is a joyous festival, we are enjoined to bring joy to others, especially to those who are in difficult situations. (2:14, 2:15, 2:16, 2:17)

Although work is permitted on Purim, it should not be done; to discourage work the Sages teach that one will not receive a blessing from his/her labor done on Purim. (2:14)

The Purim se’udah (festive meal) must take place while it is still day. (2:14, 2:15)  

Rambam concludes (2:18):  All the books of the Prophets and the Writings will be annulled in the era of the Mashi’ach except for Megillat Esther which will attain the status of the Five Books of Moses and the Oral Law, which will never be annulled.  And even when all troubles are gone, Purim will not be discontinued, as it is written, “These days of Purim will not pass from the Jews, and their remembrance will not cease from their descendants.” (Esther 9:28)

Through the combination of Yiddish’s flair and extensive Jewish involvement in American literature, television, and movies, the expression the “whole megillah” has crept into popular American discourse.  And although etymologically “megillah” means “something rolled up” and in usage it meant a scroll, and although there are actually five megillot in the TaNaCH, when we speak of the megillah we mean Megillat Esther, the scroll of Esther.  Why did this scroll become the megillah?

In part, Megillat Esther became “the megillah” because the Sages of the Mishnah and Talmud emphasized the importance of hearing it read on Purim.  Even though Purim was a post-Torah holyday, Talmudic law teaches that hearing the megillah read takes precedence over the study of Torah and, consequently, all other mitzvot (except met mitzvah—burying someone who has no one to bury him—and piku’ach nefesh—when life is threatened).   Women and children are specifically singled out to hear the megillah because they, too, were threatened. 

Our Sages required us to hear the megillah, in its entirety, both in the evening and the morning, and they fortified the entire holyday of Purim.  They instituted three other mitzvot that were specifically stated in Megillat Esther—mishlo’ach manot (giving food gifts to at least two friends), matanot l’evyonim (special tsedakah to the poor), and a Purim se’udah (festive holyday meal). 

Why has Purim been so cherished in the Jewish community?  First, who wants to absent themselves from giving and receiving mishlo’ach manot and enjoying a festive meal?  But in addition to the halachic force and the popular practices, the narrative of Megillat Esther is engaging, meaningful.  Studying sacred texts, in this case Megillat Esther, prompts innumerable valuable lessons:   anti-Semitism awareness, hope and deliverance, and taking responsibility as Esther and Mordecai did.  And by drowning out Haman’s name in a cacophony of graggers, even our young children learn lessons of good and evil. 

From the mitzvah of mishlo’ach manot we reinforce the larger Jewish family; sending gifts requires thinking about who we are “related” to as mishpachah and acting on it by sending the gift.  It is a small token, but like a phone call when a friend or acquaintance is sick, or an invitation to a simchah, the mislo’ach manot says more than its small financial expense:  Amidst our celebration and fellowship we do not forget the poor, because we are not whole when we think only of our well-off selves.  And we celebrate with the se’udat mitzvah because to be able to celebrate, festively, is no less a berachah from God.  As another megillah reminds us:   There is a time for weeping and a time for laughing; a time for wailing and a time for dancing. (Kohelet 3:4)  By the way, halachah requires that three mitzvot be done on Purim day (Friday).  (Megillah 7b; Rambam Hilchot Megillah 2:14-16)

Two of these mitzvot can be celebrated together, at Traditional Congregation–megillah reading on Thursday night and Friday morning March 20-21, and our Purim se’udah breakfast on Friday.   All you have to do is want to be there and come.  Two others can be done at home, together, with your family.  All you need is a little preparation a few days before—and some Purim spirit.   Purim same’ach!

Hilchot Chanukah 

The single special mitzvah for Chanukah is to light the candles which commemorates the miracle of Chanukah. 

The purpose of the Chanukah candles is pirsuma nisa – to publicize the miracle of Chanukah.  Therefore, the Rambam writes that the Chanukah candles should be lit at shki’ah (sunset), but that we may continue to light until the people come home from work. (Hilchot Chanukah 4:5; Shulchan Aruch 670:1-2)  

On the first night we recite three berachot:  one for the mitzvah of lighting Chanukah candles, one praising God for His miracles, and the third is a seasonal she-he-chiyanu.  On the second through eighth nights, we recite only the first two berachot, and starting from the right, we light the left-most candle first.  First recite all of the berachot, then light. (Shulchan Aruch 676:1, 2, 5) 

The candles should be in a recognizable row, rather than together like a torch; it should be clear which is each night’s candle.  Therefore, avoid configurations that appear as a complete circle or randomly set.  (Shulchan Aruch 671:2, 4) 

The actual mitzvah is to set the Chanukah candles on the outside at the entrance to the house, within a tephach (about 4 inches) of the doorpost on the left side as you enter the house so that the mezuzah will be on the right and the Chanukah candle on the left for the public. 

However, several factors influenced the placement of the chanukiyah.  The Rambam writes, “if he dwelled in an upper apartment he sets it by his window to the public.”  He adds, “In times of danger one may set the Chanukah candle inside his house and setting it on a table is sufficient.” (Hilchot Chanukah 4:8; Shulchan Aruch 670:5, 7) 

The Talmud records debates about whether we light 8 on day 1 and 1 on day 8 (Shammai), or 1 on day 1 and 8 on day 8 (Hillel).  Debates continue as to whether we light one chanukiyah or whether each member of the household lights his/her own.   

It is asur (forbidden) to use the Chanukah candle whether on Shabbat or on weekdays, even to check money or to count by its light. (Hilchot Chanukah 4:6) 

Although few of us are in the circumstances the Rambam describes, his final words emphasize the importance of the mitzvah and its connection to God.  “Finally, the mitzvah of the Chanukah candle is very dear and one has to be careful with it to make known the miracle and to add praises to God for the miracles that He did for us.  Even if he does not have what to eat only from tsedakah he asks, or sells his garment and purchases oil and candles, and lights.”    

Since Chanukah came after the Torah, there are no work restrictions, but we are encouraged to celebrate.  We do not offer tear-evoking eulogies, and we add Hallel (Shulchan Aruch 683) and al ha-nissim to our prayers.   

To commemorate the oil, Ashkenazim have celebrated with latkes, while Sephardim have eaten sufganiyot, jelly doughnuts.  Nowadays, as we have incorporated customs, many do both.  We sing songs such as Ma’oz Tzur, Al ha-Nissim, Mi Yimalel, Svivon Sov, Sov, Sov, and others.  For a copy of these songs so that you can sing on Chanukah, please come to the office. 

The Three Weeks 

The Jewish summer calendar includes two fasts – the 17^th of Tammuz and the 9^th of Av, known as Tisha b’Av.   Each commemorates of the destruction of the Beit ha-Mikdash (Temple in Jerusalem).   The 17^th of Tammuz and Tisha b’Av fall exactly three weeks apart, this year Tuesdays, June 29 and July 20, respectively, and the period is known as bein ha-mitzarim (“between the straits”).   

History:  After a series of attacks by the Babylonians beginning in the late 600’s BCE, in 586 BCE Jerusalem, along with the Beit ha-Mikdash, was destroyed, and many were exiled to Babylonia.  (The Beit ha-Mikdash had been built approximately three and one half centuries earlier under King Solomon.)   After the Persians has conquered the Babylonian, waves of Jews began to return from captivity and generations later rebuilt the Beit ha-Mikdash.   It stood for another three centuries until it was defiled by the Antiochus Epiphanes and the Hellenized Syrians.   Under the Maccabees it was purified and restored.  Then, more than 200 years later, in 70 CE, the Romans did to the second Beit ha-Mikdash what the Babylonians had done 650 years earlier.  The remaining Jews, for the most part, now lived in the Galil. 

Other Jewish national tragedies occurred on or were appended to Tisha b’Av.   On Tisha b’Av 1290 the Jews of England were expelled, as were the Jews of Spain in 1492.  In Jewish Literacy, Rabbi Joseph Telushkin writes that  “… it is possible that King Ferdinand and Queen Isabella sadistically chose the date to intensify the Jews’ misery and horror.”  The Nazis, too, marked Tisha b’Av with special cruel glee. 

Jewish Living:  How do we keep these memories alive? Through halachah.   We are guided by the Talmudic dictum, “when Av enters we diminish our joy.”  Tisha b’Av (and the fast) begins at sunset and continues for nearly 25 hours.  The Rambam cites the Talmud which forbids certain activities during the week when Tisha b’Av falls, that is from after Shabbat through Tisha b’Av.   Ashkenazic minhag (custom) forbids these activities for nine days, that is, from Rosh Chodesh Av through Tisha b’Av, (except for Shabbat).   They are:  Not eating meat (including fowl), haircuts, doing laundry, and wearing pressed clothes, and swimming.  Once again, Ashkenazic custom goes further, as some observe these restrictions from the full three weeks.  We also do not perform weddings during this three week period.   

In addition to observing a full fast, many other halachot for Tisha b’Av itself are like Yom Kippur.  We may not (a) bathe or wash for pleasure; (b) wear leather footwear; (c) engage in marital relations, and (d) anoint ourselves for pleasure.  We are also prohibited from studying Torah (which is regarded as pleasurable) except for mournful passages like Eichah (Lamentations), parts of Jeremiah, and Job.  Tisha b’Av services at night include the chanting of Eichah (Lamentations) by members of the congregation.   We sit low with candles.   If you have never before attended this service, why not do so this year?   If you have, why not come again?   Although there is a dispute, the prevailing custom is to wear tallit and tephillin at minchah of Tisha b’Av, rather than at our usual shacharit.    

The Rambam ends his section of halachot on these days with the Talmudic teaching:   “In the future days of the M’shi’ach, through our repentance, these fasts will be annulled.”   And what’s more, quoting Zechariah 8:19, “they will be turned into days of rejoicing and celebration, days of peace and truth.”   May those days come soon.

History & Text:  The precise dates are in conflict.   What exactly does the 17^th of Tammuz commemorate?   Jeremiah 39:2 states that it was on the 9^th of Tammuz that the Babylonians breached the walls that culminated in the destruction of the first Beit ha-Mikdash.   The Mishnah (Ta’anit 4:8) asserts that it was actually on the 17^th, that a miscalculation took place.   A midrash teaches that it was on this day that Moses shattered the tablets. 

There are conflicting chronologies of the actual destruction of the first Beit ha-Mikdash as well.  II Kings 25:8-9 states:  “On the seventh day of the fifth month – that was the thirteenth year of King Nebuchadnezzar of Babylon – Nebuzaradan, chief of the guards, an officer of the king of Babylonia, came to Jerusalem.  He burned the House of the Lord, the king’s palace, and all the houses of Jerusalem; he burned down the house of every notable person.”   

In nearly the exact same language, Jeremiah records the events as having taken place on the 10^th.   The Talmud reconciles the two texts teaching that the enemy entered on the seventh, wrought havoc until the ninth, burned the Beit ha-Mikdash on the ninth, and the fire continued into the tenth.  The Talmud adds that the second Beit ha-Mikdash was destroyed by the Romans on the 9^th of Av.  And the Midrash teaches that the 9^th of Av was also the day that it was decreed that the Israelites would not enter the Promised Land.   

Two other historical notes:  Although the centerpiece of recollection is the destruction of both Temples, massive destruction, death, wounds, material and emotional loss, displacement, and theological anxiety were part of these catastrophes.  Our observance of these days – including fasting – keeps us united with the fullness of the tragedy.  Secondly, it is not a coincidence that these events occurred during the summer.   Wars in Israel, due to climate, are nearly always from after Pesach until Succot (May 1948, June 1967, October 1973, Lebanon 1982, Hizbollah 2006). 

Rabbi Seth D Gordon / updated May 15, 2010

Shabbat 

Ahad Ha-am is said to have quipped, “more than we have kept Shabbat, Shabbat has kept us.”   He suggests that an underappreciated blessing is in our midst.  There are more halachot (laws) pertaining to Shabbat than to any other subject.  Some regard the halachot of Shabbat as numerous and burdensome, restricting, it seems, everything for an entire day, every single week, every single year of our lives.  The Shabbat halachot seem daunting. 

Indeed, there are restrictions and obligations.   Look carefully at the Aseret ha-Dibrot (Decalogue; what many call “The Ten Commandments”) and compare Devarim 5:12 and Shemot 20:8.  You will see that the mitzvah which Moses charges the Israelites to do uses different terminology.  When Israel is encamped in front of the Jordan River, Moses states, “Shamor (Observe) the Shabbat day to keep it holy.”  But when they originally came to Mt Sinai 40 years earlier, he had used the term “Zachor” (Remember) the Shabbat day to keep it holy.   

Shabbat restrictions generally fall under the category of negative mitzvot or “don’t do’s” linked to “Shamor.”  These mitzvot and halachot defend, protect, and safeguard the kedushah (holiness) of Shabbat.  Others are positive mitzvot, or “do’s” linked to “Zachor .”  These mitzvot enable us to honor and affirm in an active manner the sanctity of Shabbat.  In tandem, they bring depth to the kedushah of Shabbat.   

Consider how we use both approaches in our society.  Anything that we cherish – family and friends, our homes, even our money and identity—requires defense and protection as well as honor and affirmation.   We endeavor to protect and defend people from disease, from physical attack, from verbal assault, and we honor and affirm them and protect them when we listen to them and hug them and give them gifts.  We protect our homes and cars with locks, coverings and fences, and we show them honor when we clean, paint, or polish them.  We protect our finances and identities with passwords and show them honor by counting our money and affirming our identity.  Shabbat’s holiness is at stake – a kedushah of time, a kedushah of God, and a kedushah entrusted to the Jewish people. 

So before we can appreciate the halachot of Shabbat, we must disabuse ourselves of any superficial notion that the halachot are only heavy restrictions and obligations.   In following the halachot of Shabbat, we safeguard and honor, protect and affirm the kedushah of Shabbat, of God’s mitzvot, to keep Shabbat, as it has kept us.  In setting aside this sacred time for God, it turns out to be an extraordinary gift—for through it we strengthen our families and communities, provide nourishment for our soul, elevate us toward God, remain connected with our history, and affirm our place in Jewish destiny.   

What can we do?  We can embrace the “Zachor,” the positive mitzvah, honoring Shabbat, in four ways:  (a) clean our homes, rooms, and bodies (with a pre-Shabbat shower/bath) on Friday afternoon in preparation for Shabbat; (b) have our best meal together (even better with company) on Shabbat; (c) light Shabbat candles in our home 18 minutes before sunset on Friday with a berachah (blessing); and (d) recite the Kiddush over wine (singing in Hebrew is preferable, but reading in English is acceptable).    

We can add a “Shamor” periodically.   We are not permitted to write, to do any manner of gardening, to engage in commerce, to tear, to cook, to use fire.  Accept upon yourself and guide your family to protect and defend Shabbat.   

Taking these steps requires little in special knowledge.  And when we defend and honor Shabbat, we will be honored to be part of a unique and eternal way of life.  As we honor Shabbat, we pray that God blesses us, our children, and the Jewish people, giving us strength to build a better world.

Shabbat Shalom.

Dairy & Meat 

“Do not cook a kid in its mother’s milk.”  (Shemot 24:16, 34:9; Devarim 14:21)  

This single pasuk (Torah verse) found three times in the Torah, is the Torah source for the prohibition against cooking, eating, and deriving any benefit (such as selling) from mixing basar b’chalav, meat and dairy. 

We may find no reasonable link between these words and the basar b’chalav prohibitions.  For example, the Torah states:  “Do not cook;” it does not state:  “Do not eat.”   The Torah states: “kid;” it does not state: “an animal.”  The Torah states: “its mother’s milk;” it does not state:  “any milk.”  Indeed, read as a single, complete thought the pasuk seems something other than:  Do not eat meat and milk together.   Isn’t, therefore, basar b’chalav made up, contrived, and therefore, not what the Torah or God wants? 

It is important to know that by the time the Sages of the Mishnah and the Talmud lived they inherited the living Torah of the Jewish people.  A part of that living Torah was transmitted through Midrash Halachah, the deliberate, non-contextual interpretation of p’sukim (verses) from the written Torah.  Indeed, the very same living Torah tradition did not deny learning p’shat (the words in context); students of Torah appreciated the p’shat of Torah and were moved and inspired by it.  However, they also accepted drash or midrash, as part of the authority of the living Torah and they themselves continued that midrashic interpretation.  Midrash halachah became and still is one of the pillars of the living Torah. 

Midrash halachah went further.  It interpreted key words of “cook,” “kid,” and “mother’s milk,” in a specific halachic way.  “Kid” was ruled to mean any meat from a pure animal (Vayikra 11 and Devarim 14), for example, cows and goats.  “Milk” was halachicly defined in a similar way, i.e., from a pure animal.  In other words, the prohibitions against eating, cooking, or deriving benefit from basr b’chalav were, on one hand, broader than the specific words of Torah, but narrow in the sense that they applied only to meat and milk from a pure animal; when either the milk or the meat came from an impure animal (i.e., pig) it was not subject to this particular prohibition.   Of course, we may not eat meat or drink milk from an impure animal, because they are halachicly impure.  But we may cook them and we may derive benefit, for example, sell them. 

Space limitations preclude addressing other related basar b’chalav Midrash halachah interpretations of this pasuk and other halachot in this writing.  However, we need to explore further.  It is possible that the Jewish people had been separating dairy and meat far earlier than from the time when this midrash halachah was recorded.  The separation may well have had a larger overarching message, reflecting a central character of the Jewish people from early origins.  

Finally, basar b’chalav includes four basic halachic components:  (a) We may not bring dairy and meat onto the same table at the same time.  (b) While fish is considered parve (neutral), chicken is assigned the same legal status as meat.  (c) There is a separation between meals of dairy and meat which varies depending upon which is eaten first.  (d) The basar b’chalav separation applies to foodware as well.    

While a casual reader may ascribe the repetitions to emphasis, the Sages, who regarded no words of the Torah as superfluous, derived meaning from the repetition.   

Separation is a concept well ingrained into the religion and therefore the broad culture of the Jewish people.   Some separations were from things that were bad, harmful, or improper; others were things which themselves were ok, but their mixture was forbidden.  These concepts are reasonable, rational, and understandable in our own world.  We certainly want those whom we care about to stay away from harmful people (violent or immoral) and from harmful things (illegal drugs, poisons).  And there are people and things which are fine in themselves, but the mixture is undesirable (radically different personalities often do not mix well, foods such as tomato sauce and ice cream, and certain combinations of pharmaceuticals).   

This Jewish combination is reflected in the Havdallah prayer on Saturday night when we separate from Shabbat back to Saturday night.  “Praise You, O Lord, who makes a separation between kodesh (holy) and chol, between light and darkness, between the Jewish people and the other peoples, between the seventh day and the other six days of creation…”  What is clear is that the concepts of separation are broad – from time, lightness, and people, and in religious concept.  But what kind?   

Chol is often translated as “profane.”  The common meaning of profane, like profanity, is something low and … But chol better means “ordinary” like average or common.  Kodesh means something separate and elevated, holy.  When we take something that is holy and make it ordinary, we have done something wrong.  For example, when a husband forgets his wedding anniversary, his wife is upset because a day which was special, separate and elevated from all others days of the year, is treated like an ordinary day, without the special attention it, and therefore she and he, deserve.  When a person of special achievement and / or position is treated like an average person, when an object or special significance is treated in a mundane way, or a place of special significance is treated as if it was no different. 

God separated when He created the world.  Adam and Eve were commanded to not eat from the Tree of knowledge of Good and Evil, in effect, to separate themselves from something that God had created.   Abraham separated himself from the culture of Ur.  He charged his servant to go back to his family in Haran (Syria) and not let Isaac marry from within the Canaanites.  His family was distinct in Egypt, and treated distinctly.  The non-Jewish prophet, Bilaam, from the hills observed the Israelites in the wilderness and called them a people who dwells apart.  Other laws in the Torah require separation – sha’atnez -- not wearing linen and wool; kilayim -- not sowing wheat and grape vines together; not plowing with two different animals. 

“Do not cook” does mean cook, but the repetition of the words in three places in the Torah meant, do not eat and do not derive any benefit from a cooked mixture of the two.  However, aside from its accepted authority there is speculation as to what actually happened.   Did the Sages merely study and examine p’sukim, and create new midrashic teachings, such as this dairy-meat separation from a concise Torah verse about not “cooking a kid in its mother’s milk” or was there a “pre-existing condition,” meaning, did such a dairy-meat separation practice already exist in the living Torah of the Jewish people and the Sages merely found a way to stitch the practice to the words of Torah?   

Some rabbinic teaching asserts that this Oral Torah was given to Moshe along with the Written Torah at Sinai.  Others understand this teaching to mean that the Oral traditions go farther back then when they were first recorded and that they have the same divine authority as the Written Torah.  Either way, from an authoritative standpoint of halachah, they are halachah.

Checking it out at the Door 

“… and you shall inscribe them on the doorposts of your houses and on your gates.”  (Devarim 4:9)  

These are the Torah words that refer to the mitzvah of mezuzah (Rambam (Maimonides) positive mitzvah #15).  As we moved into our new home, affixing mezuzot took on special significance.  In fact, several of our friends / congregants from New York purchased new mezuzot as gifts for our new home.  As we enter a new year, symbolically entering a new door, a look at what is on our doors, the mezuzah is fitting.   

There is a well-known joke about a contractor who greeted his new home-owner with obvious satisfaction for a job well done.  “Mr. Goldberg, you’ll be happy to know that everything is ready for you in your new home.  And by the way, I put up those door decorations and got rid of all of those annoying warrantees.”   

The mezuzah, as you know, is not the fancy, decorative piece found in Judaica shops.  While an attractive cover enhances the mezuzah, the mezuzah itself is the kosher, hand-scribed parchment (not printed and not paper) that should be inside the cover.  As a decorative piece, some regard the mezuzah as, at best, a sign of Jewish identification.  Others erroneously regard the mezuzah as an amulet, a sort-of good luck charm to ward off evil spirits or bad luck.  The Talmud teaches that the mezuzah helps keep us from sinning – not because it has magical powers, but because as we enter and leave our homes it reminds of God.   

Therefore, the mezuzah is more properly understood as fulfilling a religious requirement, proclaiming our homes as dedicated to God, Torah, and Mitzvot.  That is why the klaf (parchment) is a small section of Torah – the Shema, with the Torah’s injunction to love God and teach God’s teachings to the children.  In fact, the mezuzah and t’fillin are cousins.  T’fillin bind our arms and head (action and thinking) to God, Torah, and Mitzvah; mezuzot do so for our homes.  Thus, the Rambam organizes the laws of mezuzah immediately following the laws of t’fillin. 

The most common error is to affix either too many or too few mezuzot.  Mezuzot are required for all rooms which have entrances that fit the criteria listed below, not just for the front and back doors.  On the other hand, the Rambam, following the Talmud, enumerates the several characteristics that must be present in order for a mezuzah to be required; if any one of these is missing, then a mezuzah is not necessary. 

The room area must be at least 36 square feet (technically 4 amot by 4 amot -- 1 amah is approximately 18 inches, so 6’ x 6’), and taller than 26 inches (10 tefachim).  The room must have two doorposts and a lintel, a ceiling, and a door (this requirement, which can effect many rooms, is disputed – Tur YD 286).  Finally, the room must be used for permanent, honorable living quarters. 

Synagogues and Jewish community centers only need mezuzot if they are also used for dwelling.  The Rambam adds that even the Beit HaMikdash and the High Court in Jerusalem only had mezuzot when a dwelling was part of the edifice.  Other non-dwelling areas where mezuzot are unnecessary include barns and silos, storage areas, cellars and attics (this is also an area of disagreement).  Moreover, bathrooms, and other rooms which are not places of honor, and  succot or rooms on a ship, which are not permanent dwellings, also do not need mezuzot.   

The mezuzah is affixed 1/3 from the top of the right doorpost on the outside of the room one is entering. (6:12)  Prior to affixing a new mezuzah (or several), we recite the berachah “… asher kidd’shanu b’mitzvotav v’tzivanu  likbo’a mezuzah.”  “… Who has sanctified us through His mitzvot by commanding us to affix the mezuzah.”  Often we recite a psalm or two, or a prayer, when we affix the mezuzah.  Psalm 127 opens, “Unless God builds a house, its builders labor in vain.”  Citing the Talmud (Yoma 11a) the Rambam teaches that individual (family) mezuzot should be checked twice in seven years; public mezuzot twice in 50 years.   

Unfortunately, in their zeal to encourage the observance of mitzvot, some have explained specific tragedy as a result of error or neglect.  We ought not be arrogant to presuppose why tragedy befalls someone and to explain God’s ways.  But we can assert that the mitzvah of mezuzah not only has divine authority as a commandment, but its visibility as symbols of a Godly home and of our commitment to our religious teachings can impact how we and our children live. 

Principles of Teshuvah
Rambam Hilchot Teshuvah

1.      Offenders must verbally confess to the one they offended, even if they have made restitution. (1:1, 2:9) 

2.      Vidui d’varim – verbal confession – consists of three essential elements: 

a.      Specific acknowledgment of the sin

b.      Feeling and showing remorse (1:1, 2:2-3)

c.       A sincere pledge not to do that sin again.  (1:1, 2:1)

Omitting any one of these three components invalidates teshuvah.  

3.      Victims must accept sincere teshuvah.  A person who deliberately withholds forgiveness – when that teshuvah is genuine, is considered cruel. (2:10) Of course the severity of the offense may be such that the person cannot easily be appeased; teshuvah may require more than one attempt, even many, to demonstrate sincerity, when the offense is particularly hurtful. (2:9) 

4.      Unintentional offenses are nevertheless offenses, and require teshuvah.  Intentional offenses require teshuvah plus Yom Kippur, restitution, and in some cases punishment, depending on the type of sin and its severity. (1:2, 1:4) 

5.       Some sins are so heinous that the full teshuvah is difficult or even impossible. (Chapter 4) 

6.      Relationships include human to human and human to God.  God Himself is open to teshuvah, as He too is impelled to accept sincere teshuvah.  He does not withhold forgiveness, when the teshuvah is sincere.   

7.      Even though teshuvah is always welcome, the period from Rosh HaShanah to Yom ha-Kippurim is a particularly receptive time for individuals. (2:6) 

8.      Yom ha-Kippurim addresses sins between human and God.  It is particularly devoted to teshuvah.  (2:7-8) 

9.      One should regard himself as half-righteous and half-sinful, for the relative weight of each deed is not humanly quantifiable.  Therefore, one should strive to do teshuvah and mitzvot.   Indeed, one should regard the entire world in the same state, and should act as if the world depended upon him.  (Chapter 3) 

10.  Olam ha-Ba, the World-to-Come, is reserved for the righteous, including righteous gentiles.  (3:5-6) 

11.  Human beings are endowed with free choice.  They have the power of moral and religious choice -- to incline to the good path and be righteous or to the bad path; choices are not pre-determined. (Chapter 5) 

12.  Serving God out of fear is a lower level approach; serving God out of love is the higher approach.  That love is best cultivated by study of Torah. (Chapter 10)

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