Someone sent me an article by Irwin Brandwein ("Changing the
Halakha" from a recent issue of Judaism). The article
purports to show that earlier sources of halakha are liberal
and they have been changed by modern interpretations that
have become more strict and restrictive. Two examples given
are: 1] a passage in the Shulchan Arukh that is thought to
permit women to read from the Torah scroll in public; 2]
strict regulations issued by a kashrut authority about eating
foods that are suspected of harboring insects.
Sincerity does not seem to be his problem, since he is
obviously very sincere.
There are many other problems, however. I will give only two
detailed examples, as noted above. They are very
characteristic of what he writes and indicate the strength of
his claims.
"In the Shulhan Arukh, . . . R. Joseph Caro . . . ruled:
`Kol hatemayyim afilu niddot mutarrim le'ehoz b'sefer torah'
(Y.D. 292:9) . . . all impure individuals even any women are
permitted to hold the scroll of the Torah and to read from it
(publicly). The final clause `Veliqrot bo' always means to
read liturgically with trope and publicly as part of the
worship services."
This is part of a series that is intended to give examples of
the "explicitly pronounced liberalism" of Halakha.
It is true that "Veliqrot bo" can mean to read liturgically,
but it is not true that it always means this, and it is
unlikely that it does mean this in the passage quoted.
The focus in the given quotation is on the holding of the
scroll, as is evident in the continuation that is not quoted
(see below). This is also evident from the fact that this
quotation is from a section on the laws of a Sefer Torah in
the part of the Shulchan Oruch entitled Yoreh Deah, which
apply to handling it, and not in the laws of the liturgy that
appear in an altogether different section of the Shulchan
Arukh known as Orach Chayim.
The basis of this law is an extended discussion in the
Talmud: Brochos 20b-23b. Throughout Brochos, the word
"liqrot" and its cognates are used for any study or reading
of the Scriptures, as opposed to study of the Oral Law and
not specifically for liturgical reading (e.g. The first
mishna: "Mei'eimosai qorin es Shema . . . "). Study of the
Scriptures is called "reading" since, as it deals with the
Written Torah, reading is its central activity in contrast to
the Oral Law (in those days).
Moreover, the specific law in question is set against the
issue of male tum'ah, which was once stricter than female
tum'ah in this respect. A male who was tomei through normal
marital seminal emission was not allowed to study (read)
Torah, according to many opinions, until he purified himself.
The passage comes to tell us that these restrictions do not
apply to any tomei today.
This would be more evident had the author translated his own
quotation more exactly. "Afilu niddot" does not mean "even
any women" as he has translated but "even menstruating
women." And the point being made is that even though in some
respects their tum'ah is stronger than a man's, nonetheless
they (as well as men) may hold a sefer Torah and read it,
meaning study it, as long as their hands are not dirty, as
the passage continues.
If I may be allowed to speculate a bit, this false reading of
the Shulhan Arukh might come from a much broader failure to
appreciate one of the presuppositions in halachic discourse
that crops up again and again in modern discussions of
reading the Torah in public.
The public Torah reading, in the halachic life, is not the
high point or focus of the communal liturgy. It is a part of
it, but not the main part. The key part, about which all else
revolves, is in fact the silent Amidah. This may be
surprising only to those who are used to considering public
acts to be the main part of life.
Moreover, the main part of observing the Shabbos, from the
Torah/halachic point of view, is not the communal liturgy
altogether, but rather the meals at home, the three Shabbos
seudahs. These include the fulfillment of the Biblical
commandments to "Remember Shabbos" (at kiddush) and the
Rabbinical additions of honoring it and making it
pleasurable. They are certainly more unique to Shabbos and
also more central to its observance and to its message.
In fact the public Torah reading is not important enough to
have developed a special name or technical term to refer to
it. Generally as well, the body of law that refers to it
treats of general Torah study and the reading of the Torah as
just one instance of Torah study.
Thus, an example that the author cites as showing a supposed
past leniency.
An example that he gives of what he calls "tinkering with our
dietary laws" is a Montreal kashrut publication that
prohibits, due to possible insect infestation since the
government standards for cleanliness are far more lenient
than halachic standards, the use of many fruits and
vegetables without careful checking for the presence of bugs
or signs of bugs. That publication also prohibits completely
artichokes, asparagus, blackberries, broccoli, Brussels
sprouts, cabbage, cauliflower, chicory, dill, lettuce, fresh
oregano and parsely, raspberries and spinach.
It is not clear if the author is aware that this is not the
innovation of the Montreal "tinkerers" but part of a more
general worldwide awareness in Jewish circles of the presence
of insects in foods, which has been gathering for more than a
decade.
In fact the problems cited are not a case of tinkering with
the laws at all, but a classic case of practice changing due
to changes in circumstances. The presence of insects has
become a more serious problem in modern times, in part due to
the fact that the bugs have availed themselves of modern
transport to travel the world. Anyone who has ever brought
back citrus (which may carry Mediterranean fruit fly) from
outside of the US knows about this. Kinds of insects that
never used to be a problem in some parts of the world are now
well established there. There are other reasons as well that
insect infestation is a bigger problem
today than it was in the past.
The prohibition against eating insects is Biblical. In fact
there are multiple(4-6), separate Biblical commandments not
to eat bugs, see Vayikro 11:42-45 and elsewhere. Also, a well-
known Talmudic source quoted by Rashi says: They learned in
the school of Rabbi Yishmael that Hashem said, If I had taken
you out of Egypt and only accomplished that you do not eat
insects like all the other peoples do, that would have been
sufficient justification.
So concern about eating bugs is not new, and a modern
expression of this concern is not "tinkering with our dietary
laws" but tinkering with our dietary practice, which is
something quite different.
I think that it is no less than fair to characterize the
author's calling regulations issued to avoid a Biblical
prohibition "tinkering with our dietary laws" as clearly
wrong.
That is not all that I could say about the article but I
think that it is enough to indicate its level.
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