Rabbi Pinky Schmeckelstein,
With The Commentary of the RABAM
Ask Rabbi Pinky
ASK RABBI PINKY: ON FAMILY RELATIONS AND THE PRIESTHOOD
WITH THE COMMENTARY OF THE RABAM

Note from the Rabam: This is the second commentary on this valuable drasha. The heilige Rebbe of Prolicz once said “Do not turn down a chance to speak, as you may not get another” This was quoted in the name of the Baal Ha Turetz.  Because of the extraordinary turnover of Talmedim at the Beis Medresh during those exciting years, many students surely regretted losing their chance to hear his inspired divrei Toireh – a situation that der Proliczer also painfully experienced.

So, in that spirit, another ruchniusdikke proosh.


Rabboisai,

This week, in honor of the Aseress Yemei Teshuvah, the role of Koihanim in the Yoim Kippur service, and the fact that the Yankees are in the playoffs, I am resending a recent Teshuvah on an important matter impacting frum society.

Aseres Yemei Teshuva = The ten days of repentance, which begin with Roish HaShana and end with Yoim Kippur. On the first day, your verdict is written, but it is not sealed until Yoim Kippur.  Much may change in between the first and the tenth day – Tshuva (repentance), tfillah (prayer), and Tzedaka (goodness – by which is meant charitable acts) may change even the harshest decree. For that reason it is customary to do many good deeds and to be rigorous in one’s practices during the ten days, so that even if we are not zoiche to receive bracha and hatzlacha (blessings and success), we may still hope that we start the new year in the right way and in the right spirit.  For some the kavana and kedusha of those ten days carries through until the next yomim noraim; for others, much like with quitting tobacco, it takes a few more attempts before you get it right.

And in the meantime, attend shul more regularly, dammit!  Rent on that hall is not chea…., I mean, try at least to better your miserable selves!

[Oh, and in mittn drinnen, the handicapped accessible powder room is no longer handicapped accessible.]


A talmid writes:

I am a devoted talmid.  I recently learned that the President of my shul is a Kohain married to a Gerusha.  With Parshas Emor approaching, please Rav, explain how this can be….

Kohen = Priestly caste, as the descendants of Aaron the minuval are.  Of Brahmins the veriest Brahmin.  Ponce.

Gerusha = A divorcee, but only if she was married and divorced according to Halacha.  If not, then either she is an unmarried woman, or they (the shul president and the “groosha” mentioned above) are committing adultery mamesh. 

Whether she’s a divorcee (whom Kohanim are not supposed to fiddle with) or an adulteress (see commandment seven of the Aseres HaDibros (Ten Commandments - 6th. aliya in Parshas Yisro): “Lo tinaf” – do NOT commit adultery), a kohen loses status by trucking with her. 

We, however, are more fortunate.

There are five kinds of women that Kohanim are to avoid marrying, if they want to maintain their membership in the country club: giyores (a convert), zona (a woman who has had congress with a goy), grusha (a divorcee), shvuya (a kidnap victim or hostage), and chalala (the daughter of a kohen who married someone he should not have, or the daughter of a kohen who is a zona, grusha, or shvuya). 

Note that kahonos is inherited via the male lineage, but the son of a kohen who married any of the above is a chalal, and no longer qualifies as a kohen. 

Parshas Emor = The eighth parsha in seifer Vayikra (Leviticus), psookim 21:1 through 24:23.

Emor = Speak! 

Vayikra = And He Spoke!

It was late spring when this vort from Chipass Emess was first circulated, and we were hip-deep in the third seifer – but the word is still wise, and there are still many unreconstructed Reform J…, I mean many sinners among you.  So read the parsha again.  And this time, please pay attention!

[And by the way, Senakribhai is still upset over the cabinet – some of you will have to pay for that.]


Initially, the Kohain divorced his first wife and the Gerusha divorced her first husband. Both couples lived in our community. After the divorce, the Kohain and the Gerusha began a relationship, but couldn't get married under Jewish law.

Eventually, the Kohain wanted to be frummer and so he shopped different bais dins until he found one that would grant an appropriate psak that would allow them to marry.  The bais din found a premise upon which the woman's first marriage could be annulled. No longer a Gerusha, they wed.

Frummer = Comparative of Frum. Frum, frummer, frummest.  But in Yiddish, frum, frummer, frumst.

And frump.

Bais Din = House of Judgement.  A court of Jewish law.

Psak = The decision of a posseik.

[And that irritating blister Mr. Venky, and his concerns over the damages. What bill? Feh!]


What I don't understand is how the gerusha can be married to the Kohain, and how he can then be president of the shul? Even if the psak is legit and she's not a gerusha, they had a relationship prior to the wedding, right?  So he still can't be married to her.

Please help Reb Pinky, because all the wise men of our community are baffled by this issue.

With Humility,
A Loyal Talmid

Well, my dearest beloved talmid. I guess you don't have nearly enough to keep you busy in your community, so you have to worry about the personal matters of others. Did it ever occur to you that while you spend time on the phone discussing this with your friends, your wife, out of sheer boredom, is probably being mezaneh with the mikvah lady?

Mikvah lady = A fine plump Russian woman who assists the ladies who come to immerse themselves ritually after their two and a half weeks break from congress (due to nidah and zivah).  Many women say that a good mikvah (a ritual immersion, and the place where it is done) are a surefire cure for headaches.   No wonder they return smiling.

When my eishes chayil hears this, I expect her to go to the mikve a LOT sooner.  Every month, seven days of kvetching, eleven days of headaches – it’s a miracle we have fourteen kids at all!

[Some of you ought to be ashamed over that incident, by the way.]


But I am certain that your question is motivated by a deep concern for the well being of your community. After all, instead of focusing on: improving the quality and impact of Jewish education, raising money to make a decent Jewish education available to more students, helping the needy, helping the unemployed, helping the elderly, supporting the Jewish community, improving relations with the broader American society, fighting anti-Semitism, or making any other organizational, intellectual or cultural contribution, you identified the one issue that all communities should be focused on. Congratulations.

Not that the issue you raise is unimportant. After all, the next time I bring a Karban, I will want to make sure not to use your shul president.

Karban = A sacrifice, at which the only halachically acceptable officiant is a kohen.  Without a kohen, it may only be a barbecue.

[You know what I’m talking about! Don’t pretend you have no clue!]


Now, with regard to the essence of your question, there are a number of components that require a deep halachic perspective. The first, or course, are the marital restrictions placed by the Toirah on the Koihanim, the male priestly class. How should the biblical instructions be implemented in a world defined by shades of grey?

As this question has arisen over the years, there have been multiple rabbinic approaches. The more rigid have applied a black/white screen – when in doubt, marriages are blocked or broken up, no matter the consequences on the couple or their children, and no matter how hot the woman is.

A more progressive approach relies upon a creative solution applied for centuries that is based upon the rich, diverse, and not-always- pleasant history of Klal Yisroel. As our people were cast from country to country, in and out of our dispersion over millennia, many of our customs and traditions became confused. As such, the identification of who is and who is not a Kohain in our day is not a certainty. Consequently, some rabbis permit the man and/or the male offspring of such a marriage to step down from the Kehuna and become Yisraelim. Clearly, the trade off is: lose a couple of aliyas a year, but gain some hot, biblically frowned upon adult action. You make the call. (I already know which one I would choose. Let me give you hint; it would NOT require Birchas HaToirah, but might involve pudding.)

“Identification of who is and who is not a Kohain” = If the yichus is reliable (going back several vouched-for generations), then the only way a kohen can get out of making the double live long and prosper gesture, and accepting symbolic payments for the first born, is by marrying one of the categories of women that he is supposed to stay away from (see mention above). 

It is often considered somewhat bad form to do so, however, and claiming that one is excused because it was done by an ancestor may be taken as a breach of the 5th commandment (kabed et aveicha et imeicha – honour your father and your mother), as it may be a known slander of a parent, lashon horo, or spreading the dirty laundry on your father’s father, or your father’s father’s father, or your father’s father’s father’s father, or your….

The surname Kohen (or Kohn, or Kahn, or Kagan, or Katz (Kohen Tzedek), or Levi, or Levite, or Levine, or Leben, or Lowe, or Loeww, or Leeuw, etc.) can be a bit of a mixed blessing.  But then there’s all those Star-Trek conventions.  So just maybe…..

Birchos Ha Toireh = The blessing said BEFORE reading from the Torah. One should not read from the Toireh without reciting the blessing, but note that reciting (from memory) or from siddurim, even if the material is from the Torah, does not qualify as reading from the Toireh.  For instance, when entering the shul one recites psookim, which may be followed by certain brachos (Baruch shem kvod, Asher yotzar, and Elochaye neshomo come to mind), and then immediately thereafter the Birchos Ha Torah. 

The Magen Avraham, following the Rama, opines that Birchos Ha Toireh is said before Birchos Ha Shachar (but note that per the Maharam Mi Rutenberg, Birchos Hashachar precedes Tfilas HaDerech, assuming of course that one will travel that day).

This becomes an instance when the Kohanic privilege of being the first given an aliyah comes into play, as such necessitates the saying of the Birchos Ha Torah.

A kohen with chayim sheyesh boihem busha u chlima (a life having at the core a sense of shame and a sense of privacy) might validly want to avoid so public a demonstration of his inability to manage the lashoin kadoish, or his lack of loimdus.

Shachar = Dawn, daybreak; the time for shacharis.  When you can tell the blue thread in your tallis fringes from the surrounding white threads.

Shacharis is to morning as Mincha is to afternoon (before sundown, as the Tana Kama says, but Rabbi Yehuda holds farkert, shperring that it may only be until plag Mincha – a twelfth, and a quarter of a twelfth, of the duration between dawn and dusk, before dark, being a halachic hour and a quarter before the end of the day), and Maireev is to evening. These are the three daily opportunities to speak with your maker. 

Often, in shuls to which we do not go, Mincha and Mairev are combined.  We feel that this is in conflict with Shabbes candle lighting times (which are before sunset), and in any case a contradictory convenience.

One can only take d’avad k’mar avad, u d’avad k’mar avad (acting according to one opinion is to act right, and to act according to the other opinion is also acting right) so far before it becomes self-serving.  First Mairev, then Shacharis, then Mincha – you dig?

Damn hippies.

Tfillas HaDerech = The prayer for travellers, said every morning when on the road, or temporarily lodged away from home – both instances defined as being more than a specified distance (approximately six miles) away from one’s house and regular circuit.

Pudding = A smooth mucilaginous confection, containing sweetening, starches and rich cream, as well as flavouring substances such as vanilla, banana, or chocolate.  Banana pudding has a texture luscious, and bread pudding is both arousing and stimulating, having a texture which is particularly suited to late night puddingery. During the week of peysach, it is best to make a simple Indian kheer (using cream, sugar, ghee and tapioca pearls).  If you are Sfardic, you may also use rice.  Sevian ki kheer is never acceptable during peysach.

But some prefer a drizzle of yoghurt and wildflower honey.  You should ask!

Magen Avraham = The Shield of Abraham (mentioned in the eighteen benedictions), the bookish name of Rabbi Avraham Gumbiner of Kalitch, Poyland (1637 – 1683). It is the title of his commentary on Orach Chayim.

Orach Chayim = A section of the Shulchan Aruch (The Set Table), the well-known compendium of Halacha by Rabbi Yoisef Karo (1488 – 1575), containing also the opinions of his famous predecessors, and usually printed with the commentary of the RAMA. The Orach Chayim deals with laws concerning daily living and holiday practices.

RAMA = Rabbi Moishe Isserles, 1530 – 1572, whose commentary (the MAPA = the Tablecloth) on the Shulchan Aruch adds the Ashkenazic point of view to Yoisef Karo’s Sfardo-centric tome.

[We trashed the rental hall TWO weeks in a row. Dos iz shabbesdik?!?! What will the Goyim think? ]


This third approach that you refer to in your note is unfamiliar to me. It relies upon a technical loophole not lying in an area of my Rabbinical expertise. Quite frankly, in Yeshiva, while some colleagues majored in marriage and divorce law, I specialized in something far more relevant to Klal Yisroel: the laws related to Tumas Kli associated with leprosy during Yoivel for those people living in Bavel. Shoyn.

Tumas Kli = The opposite of tahor.  A vessel (kli) that is unclean! Unclean! Unclean!

Leprosy = Tzaras. The obsession of the central section of seifer Vayikra (Leviticus).  Please reread Parshas Tazria (She Bears Seed, psookim 12:1 through 13:59) and Parshas Metzora (Diseased Individual, psookim 14:1 through 15:33).

But leprosy is a mistranslation, as it is based on mediaeval misconceptions and ignorance.  It is better to think of tzaras as a broad spectrum of impurities characterized by spotting, ranging from nervous skin afflictions and allergic reactions, to seepage, molds, and mildew in buildings, and manufacturing flaws in materials that only became apparent after use and under certain conditions.  The exact determinants are not clear, but the key concept is a blemish that spoils perfection – similar to unacceptable sacrificial animals, women during Nidah, and Kohanim in spotty relationships.

Remarkably, if the condition affects the ENTIRE surface of the person in question, then lo! They are clean!

Yoivel = Jubilee. 

Bavel = Iraq.  There is no jubilation in Iraq.  There is eicha.

[You have one more chance! If ANY glasses are broken with those willow branches, you’ll hear about it!]


The second component of your shaila that needs addressing is, thankfully, more straightforward. Essentially, what are the qualifications and requirements for a shul president? Luckily, the RAMBAM in Mishneh Toirah dedicates an entire section to this topic, which is followed immediately by Hilchois Kiddush Club.

RAMBAM = Rabbi Moishe Ben Maimon, Maimonides, the good doctor.

Hilchois Kiddush Club = Rules for the group that steps out briefly to say a brocho over a beverage during services; the customs that pertain to the separation of women from men who are having a shot and a snack away from their wives.  Some nice maatjes herring.

All occasions for simcha have rules (halacha), and this one, so dearly beloved by so many middle-aged men and young bochurs, even has brachos!  If there is no mechitzah already separating the men from the vaiber, then the men go into a room off to the side, or a vestibule, and take care not to disturb the service by their actions.

Do not confuse this with the utterly vile practise (also) known as “kiddush”, which involves a buffet, softdrinks, and kinderlech wired on too much sugar.  It, too, is an occasion for men to go off to a vestibule, barricading the door with chairs and bookcases even, and making a brocho.

But, since that last disgraceful episode, we’ve decided that we won’t come out until the bitches apologize.  If they don’t like it, they can go to vaiber shul with all the smooth-chinned apikorsim.  Shalom beis knesses demands that NOTHING disturb our kedooshes.  Or perhaps a good beating with gartels!

[Either shape up, or we’re canceling Rosh Chodesh this month! There are still glass shards in the carpet!]


The RAMBAM specifically tells us what to look for in a shul president. Says the RAMBAM,

(Aleph) Anyone can become a shul president, as long as he writes a big enough check and is a respected member of the community.

(Baiz) When is this said? When the person has not been convicted of a white collar crime; but if the person has been convicted of a white collar crime, he must write a REALLY big check.

(Gimmel) A shul president must never abuse his authority; for example, he must not have an affair with a female congregant – That is the exclusive privilege of the rabbi.

(Daled) The shul president should be over 30, married, and have children, so that he may know the weight of social responsibility.  If the shul is a gay synagogue, the president needn't be married, though he must either be in a committed relationship, or share a house on Fire Island during the summer.

So, as you can see, my beloved talmid, Chazal clearly allowed a wide range of characteristics for shul presidents. So the situation you raise does not go against any Halacha.

Shul president = A post with great responsibility, and negligible authority. The post has a vote, but not a veto.

Chazal = Those Chochemerds whose memory is a blessing – Chachmeinu zichrono levrocho.  Our sages from ages long past.

[I’ll just have my own private Kiddush – just me, some bottles of Laphroig, and the boys!]


Finally, there is another point that you touched upon in your note is of great concern to me. You noted that the Kohain only decided to marry after he "wanted to become frummer." Are you suggesting that he should not have become frummer? Are you suggesting that he should have continued in his self hating, traif eating, pagan lifestyle so that you and your friends would be less disturbed during one minute of announcements every week? Or are you suggesting that you do not respect his Teshuvah, you Minuval? Ich Vais, I wish I had your level of Kidushah!

Teshuva = To turn away from the dark side, der tumniyo, the sitra achra.  As we are supposed to do repeatedly, most especially at this time of year. 

Kidushah = The logical corollary to kavanah.

[Such boys! Strapping young fellows!]


I am reminded of a famous medrish in a gemarrah in Baba Basrah. The medrish tells how Rabbi Akiva entered Shamayim upon his death. At the entrance to the Aimishteh's First Class section, Rabbi Akiva was denied entry. "But Rebboinoisheloilum," Rabbi Akiva said, "I was one of the greatest leaders of Klal Yisroel. I organized all of halacha into a standard order. I kept Toirah scholarship alive after the destruction of the Bais Hamikdash. Why can't I go in, while you just let that schmuck Rabbi Meir in ahead of me?"

Medrish = An explanatory discussion or narrative that clarifies a Talmudic point. 
Baba Basrah = The final gate, being the third gate (following Baba Kamma and Baba Metzia) in seder Nezikim, which is the fourth order of the Talmud, coming after Seder Tzeraim (seeds), Seder Mo’ed (festivals), and Seder Nashim (women), but before Kodashim (holy things) and Tohoros (purities).

Rabbi Akiva = Rav Akiva Ben Yoisef, 50 CE – 135 CE.A teacher, scholar, tanna, and trauma victim, who lived during the time of the Bar Kochba revolt (132 CE  -135 CE).  He lost twenty four thousand students to a plague, which ended on Lag B’Omer (thirty third day of the counting of the sheaf. Omer = sheaf). After the end of the revolt, the Romans tortured him to death.  He is reputed to have smacked the Mishna into its final form, systematizing it, and linking the discussions to their scriptural sources.

Destruction of the Bais HaMikdash = The second temple was destroyed by the legions of Titus, yemach shemo (may his name be erased), on the ninth of Av – a day which indeed does live in infamy. Titus and his perverts, degenerates, and sadists also put much of the city to the torch, and the population to the sword, after a twenty-one day siege (from the 17th of Tammuz to the 9th of Ab). The year was 70CE.

Jacob Israel De Haan (born 1881 in Holland, assassinated 1924 in Yerushalayim) puts it well in his poem ‘Zeventien Tammoez’:

Deze dag werd het laatste beleg geslagen (‘This day began the final siege’)
Door Titus om ‘t heilige Jerusalem (‘By Titus around Jerusalem the Holy’)
Die met zijn legioenen ijzeren klem (‘Who with his legions’ iron grip’)
De stad wreed worgde in een en twintig dagen. (‘Cruelly choked the city for 21 days’)

In the fifth stanza, he laments that strijdende Joden (warrior Jews) disappeared from the face of the earth for centuries thereafter.  But that has since changed.

In the last line of the poem, he writes “Heer, in uw heil’ge handen leg ik mijn ziel, mijn liedren; geef mij rust” (Lord, to your holy hands I entrust my soul, my songs; give me peace).

[How they swish their willows. Oh my!]


Hakkadoshboruchhu looked back at Rabbi Akiva, and, with a glint in His eye, He said, "Rabbi Akiva, you disappoint Me – all of My Toirah that you learned wasn't reward enough? Why don't you spend 1,000 years sitting in Economy Class, right between a garbage man from Tiveriah and a prostitute from Beer Sheva.

Tiveriah = A truck-stop founded in 17 CE by a tuches-lekher (Herod), named after a psychopath (Tiberius), and contained an enormous population of whores during British times. It has been cleaned up considerably since being liberated in 1948. Merits a day-trip.

Beer Sheva = The Seventh Well, also meaning The Well of the Oath (a name associated with Avraham Avinu). A city in the land, and contained an enormous population of whores all the way up to British times, when their number increased beyond measure.  It has since been cleaned up. It was liberated in 1948.  Well worth visiting.

[Ir veist, Simchas Toireh is especially for the yingerleit.]


So, my beloved Talmid, my very simple advice to you: next time you are in shul, please spend a little less time looking up on the Bimah at the president, and a little more time looking over into the ladies section at the fresh talent. Who knows? Maybe you'll be lucky enough to be the next person in the community to get a little biblically frowned upon adult action.

Ah Gutten Shabbos, You Minuval.
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Do you have a halachic question or a philosophical query on Yiddishkeit? Rabbi Pinky Schmeckelstein is willing to indulge your ignorance by responding to your shailas, kashas, shver inyunim, and basic misconceptions.

Please e-mail me your questions with the subject: Ask Rabbi Pinky.
Select questions (sans questioner name) and responses will be shared for purely "educational" purposes.

APPENDIX: Kheer – Indian style rice pudding, kosher l’ peysach

In a chetty or heavy pan melt one tablespoon of finest ghee (Parsi dairy is best) on low heat. Add four tablespoons of long-grain rice to the vessel, stir briefly to ensure that each grain has been licked with ghee, and add five cups of milk, plus a few cardamom pods and a generous pinch of saffron. Raise to a boil, turn low, and simmer, stirring often, until the rice is fully cooked. Add between three and six tablespoonfuls of sugar (more or less a quarter cup, depending on the sweetness level you prefer, and how much the milk has reduced), and cook till it is fully dissolved. Some people also add raisins to cook with the rice, or a few drops of rosewater near the end of cooking. 

This dish may be served hot or cold, with slivered almonds and chopped pistachio added. But for topical application purposes it is best to omit the nuts.

Note that the ghee is added to the vessel before any other ingredient – ghee is believed to render the resultant product pure. But it also enriches food, and is kind to the skin.
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