With The Commentary of the RABAM
This week, we address a complex question posed by a talmid with a bit too much time on his hands. Due to the delicate nature of the question, I have taken the liberty to modify some of the original text in order to respect personal privacy.(Talmid = Student, from a root denoting knowledge,)
The 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....
Kohain = A descendent of A’aron the Priest.
Gerusha = A divorced woman; the word means ‘exile’, ‘exorcised’.
Parshas Emor = The eighth parshas of Vayikra (And He Called; Leviticus), and the thirty first in the Torah, coming after Parshas Kedoshim (Holy Ones) and before Parshas Behar (On The Mountain). Emor (Speak!) deals with restrictions on marriage for the priests, priestly acne, spotty beasts, then segues into a free for all about several holidays - Peysach, Shavuos, Rosh Hashana, Yom Kippur, Sukkos - before bafflingly ranting on about eternal lamps, show breads, and blasphemy, capping it off with a good stoning. It’s a read.
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, meaning pious, from old Germanic fruma meaning strong, valiant.
Bais Din = House of Judgement; a rabbinic court, witch decides on matters of halacha, and arbitrates among disputatious Jews who agree to abide by its judgments. In olden days, when Jews in European countries were permitted to regulate their own affairs in return for discrimination, pogroms and extortion, civil authorities gave the decisions of rabbinic courts the force of law. Nowadays, civil courts will sometimesgrudgingly support such decisions, especially when halacha does not conflict with the law of the land. But it is considered shameful and possibly sacrilegious to take one’s disputes to a civil court, however - that’s for the goyim, who really can not know any better.
Din = Judgement; the same root gives Dayan = Judge.
Psak = A decision or verdict rendered by a posseik, one empowered to decide matters of halacha (Jewish law).
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
"All the wise men of our community” = Considering the nature of the talmid’s concern, it is evident that, statistically speaking, this must be a very small community, that it baffles men in that community who are= considered wise. I recommend joining a bigger shul, so that the increase in the pool of wise men which is consulted be large enough to attain a broader perspective and intellectual range. Unless you fear being outnumbered and out of your league. Nebech.
“Baffled by this issue” = Calm down, take a deep breath. Now repeat after me: “Baruch atta Adonai Eloheinu, asher flabberei et-gastenu” (Blessed art thou our Lord, G-d, who allows us to be flabbergasted). There. You feel better?
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?
Mezaneh with the mikvah lady = getting physical with the woman who assists women at the purificatory bath. If they heated the pool, this might not be a problem. Supervise your wife, or make her bathe less.
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 withdrawal from Gaza and/or opposing it, 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.
Congratulations = Because of achievement of perspicacity. Kol HaKavod!
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 = Sacrifice. A throat cutting, a sprinkling or dabbing of blood, and a dashing or burning. No kidney fat. Sometimes an eating and a feasting, but disqualified Kohanim are not allowed to participate.
Marrying a divorcee disqualifies a kohain - va hine (and behold!), it is tzaarat!
Now, with regard to the essence of your question, there are a number of components that require a deep Halachic perspective. The first, of 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?
Marital restrictions placed by the Torah on the Kohanim = No converts, no sluts, no divorcees, no abductees, and certainly no heathens of any kind. Nor the daughters of such. No women who have experimented. Only nice clean Jewish women without any blot upon their or their families escutcheon (all Jewish people, unless otherwise noted (such as those listed above), are presumed to be appropriate marriage material. People with skin conditions need not apply.
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.
"How hot the woman is” = Dovid HaMelech, while barbecuing with some friends on his apartment roof one day, caught a glimpse of a hottie a couple of buildings over taking a shower. Perhaps the screwdrivers had something to do with it, but he was head over chaynik, and showing some real initiative for a change, he buttered her up, had her shaygets of a husband whacked by his posse, and the rest is history. Many famous artists, including Jan Steen, have illustrated the tale. Steen’s painting, which is pornography, you apikoros, can be viewed, at the Getty Museum in Los Angeles, minuval.
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.)
Klal Yisroel = the Jewish community in its entirety.
Kehuna = the state of priesthood, the status of priest, which is the inheritance of the descendants of Aaron.
Yisraelim = those Jews who are not Kohens or Levites are called Yisraelim; ordinary Jews.
Aliya = one of seven sections to a Parshas, the term means rise, go up.
Birchas ha Torah = The blessing over the Torah, recited before reading an Aliya. It is customary that the first Aliya be read by a Kohen (if available), the second be a Levite (also if available); hence the reference above to losing a couple of Aliyas per year.
The blessing for the Torah is as follows: “Baruch Adonai Hamevorach l’olam va-ed; Baruch Atta Adonai, Eloheinu melech ha olam, Asher bachar b’anu mikol ha’amim, Ve natan lanu et Torato, Baruch ata Adonai, Notein ha Torah.” (Blessed are you Lord that blesses the world forever; Blessed are you, O’ LORD, our God, King of the Universe, That selected us from among all the peoples, And gave to us your Torah. Blessed are you LORD, giver of the Torah.). Ashkenazim read it thus: “Boruch ata Adonoi HaMevoruch l’olom va-ed; Boruch ata Adonoi, Eloheinu melech ha olom, Asher bochar bonu mikol hoamim, venoson lonu es toraso boruch atoh Adonoi, Nosein hatorah.”
Pudding = a substance that can make the world and your aishes chayil a brighter, happier place. Some people prefer banana, others vanilla or mango. Chocolate is not a good choice, strawberry is right out.
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.
Yeshiva = a Talmud Torah school.
Tumas Kli = the impurity of a vessel; that which causes vessels and utensils to become impure or unsuitable. Halachicly, stone vessels always stay pure, and oddly, unfinished vessels (which are ‘golem – an unfinished thing) are also not susceptible to Tuma (impurity).
Leprosy = Tzaarat; a mysterious ritual impurity that afflicts not only skin, but also cloth, brick and mortar work, and other surfaces – it isn’t actually leprosy, but it is an obsession and an impurity - but if it covers the entire body, then ‘lo, he is clean!’ (Vayikra, Parshas Tazria).
Yoivel = Yovel; Jubilee, which occurs once in fifty years.
Bavel = Babylon, where many Jews lived between Roman and Muslim times. The academies in Babylon were sources of light in a dark age, but are now long dimned - in our age there are hardly any Jews in Iraq and Syria.
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.
Shaila = Problem, question, exemplary case. The response to a shaila is a teshuva. The queries to, and responses from, important scholars were one of the things which made the academies of Babylon great, and the tradition of querying great scholars concerning important issues continues to this day. This entire text should make that clear, nu?
Rambam = Maimonides; Rabbi Moses Ben Maimon (1135 - 1204), a prolific author and scholar whose writings cover a wide variety of subjects, but who is most famous for his Halachic works, of which the Mishneh Torah is one.
Mishneh Torah = The Restatement Of The Law, a work codification of Jewish Law which was formative for much written by those scholars who came after the Rambam, though none are like Moses.
Hilchos Kiddush Club = The halacha that pertains to the Saturday morning gathering of (predominantly) men for shots of booze and a bite to eat immediately following prayer or the reading of the Torah. Not to be confused with the more broadly attended “Kiddush,” during which excessive refreshments are served, and children leave paper plates and cups all over the floor, chased around by their mothers, while their fathers try to hide.
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.
White collar crime = Not only financial malfeasance, this also refers to paperclip theft and other petty office larceny, and extends even to clerical immorality, such as one would find among wearers of Roman collars. Most early clerks were in fact clerics; it is not surprising that white collar crime, formerly a zealously guarded monopoly, has in this democratic age proven attractive to many from outside the flock - including numerous people who would have been better off with counseling.
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.
Chazal = Chachmeinu Zichrono livracha - our wise guys whose memory is blessed; our sages of bygone years, the scholars of the far past, whose heritage remains precious.
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!
Self hating, traif eating, pagan lifestyle = He was perhaps a Berkeley graduate?
Teshuvah = Repentance, return. Also the response to a shaila.
Ich vais = I know!
Minuval = Scoundrel.
Kedusha = Holiness, sanctity; piety.
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 = A derived lesson or moral instruction.
Gemara = The annotation and further elaboration of the material in the Mishna, which was the record of the oral law. Both Mishna and Gemara are words which suggest learning by repetition, reciting. Gemara used singularly refers to a tractate, one of the parts.
Baba Basrah = Baba Batra = ‘The Last Gate’ - a collection of tractates in the Talmud (the Mishna and Gemara together as one) which deal with civil law, property, and inheritance, in addition to moral issues and animal tales.
Rabbi Akiva = One of the greatest Jewish scholars and teachers of Roman times (third century), pupil of Nahum of Gimtso, Rabbi Eliezer, and Rabbi Tarfon - all of whom are well noted in the Talmud. His death was both unnatural and untimely; he was sentenced to death by the Romans for teaching Torah, and ripped to shreds with iron spikes as he recited the Shema Yisroel, expiring on the word ‘echad’ (one, which is what G-d is).
Shamayim = Heaven.
Aimishteh = Aybishter; HaShem (G-d).
Ribbono shel olam = The Master Of The Universe, G-d.
Halacha = Law, as found in Torah, expounded in Talmud.
Destruction of the Bais Mikdash = Destruction of the temple at Jerusalem
- the Romans have much to answer for.
Shmuck = Petzel, a part of the male generative package.
Rabbi Meir = One of the contemporaries of Rabbi Akiva, and one of his students.
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.
HaKadoshBoruchHu = The Holy One, Blessed is He; G-d).
Garbage man from Tiveria = Possibly Rabbi Chananiah.
Tiveria = Teveriya; Tiberias, a town on the shore of the Sea of Galilee,
built by an Edomite shmuck (Herod), named after a Roman shmuck (Tiberius
Claudius Nero Caesar, emperor Tiberius - a completely paranoid degenerate).
It is especially beautiful in early spring, when the wildflowers are in bloom - daisies, poppies, cyclamen. You should book a trip. Why not? If not now, when?
A prostitute from Beer Sheva = Maybe this is Hagar, from whose womb sprang forth the Arabs. But she was a handmaiden, whose mistress was barren.
The number of whores in Beer Sheva was never higher than in the period between 1917 and 1948. Syphilis has dropped dramatically since then. It is situated in the Negev, and has grown from being a dusty pit-stop on the way to Tel Aviv to be one of the major metropoli of Israel. Who knew?
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.
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.
Rabbi Pinky Schmeckelstein
Rosheshiva/ Dean
Yeshivas Chipass Emess
