The Yemenites part 1

There have been many classic (and not so classic) movies about lands forgotten by time. People living in the Stone Age, Vikings whose culture has survived in tact in the Arctic, ancient civilizations long hidden in the Amazon, were all parts of the movies that fired my imagination as a child back in the '50s. When it comes to Jewish civilization, we have a real-life example of this in the Yemenites (Teimanim). There are, indeed, older Jewish communities. But the very isolated ones usually forgot their original traditions and preserved only remnants of their past; forgetting the Hebrew language, and adopting many facets of the surrounding cultures. Those that were less isolated, often came under the influence of larger Jewish cultural centers, with little left of their original ways. The great exception is the Yemenites. This Southern Arabian land was inhabited by Jews since First Temple times. They were isolated enough to maintain the most ancient of Jewish traditions. Yet, unlike many others in similar situations, maintained constant contact with Jewish communities in other lands; accepting what seemed to make sense in the writings of the great rabbis abroad, while filtering out those that seemed to veer away from their understanding of Judaism as received from their ancestors.Contrary to popular opinion, Yemenites are NOT Sepharadim. As we shall see in future posts, there was, indeed, a very heavy influence on them from Maimonides, whom they saw as he greatest preserver and interpreter of Classical Judaism. But even he was subject to scrutiny in light of ancient practices that they considered sacrosanct. They were a a Jewish community lacking in books; so large numbers memorized the few books that were available. To know the fourteen volume legal code of Maimonides by heart was not at all unusual. Accuracy of transmission was also a hallmark of the Yemenites. Maimonides' Code underwent many changes since the late twelfth century. Codifiers often had great difficulty when studying his works, not knowing what was authentic, what was the result of scribal error...or deliberate tampering with the text. Twentieth century scholars discovered a manuscript in Maimonides' own handwriting. To their astonishment, it was found to differ greatly from our standard printed texts, but was identical to the Yemenite version almost letter for letter, with no substantive differences. Musicologists have shown that all other communities' music was influenced by surrounding cultures. But Yemenite music was unique, with no Arabic influence (although they spoke Arabic). They have their own pronunciation of Hebrew, which differs significantly from both Ashkenazic and Sepharadic traditions. Scholars believe it to be the closest to the ancient pronunciation. Nearly every Yemenite home had its own Etrog tree (pronounced by them "Athroj"), which is used in our prayer services during the Sukkot holiday. But the Yemenite Etrog is different in many ways from the "standard" Etrog. Many rabbis have noted that theirs fits more closely the description in the Talmud, and many non-Yemenites have adopted this variety (including yours truly). Even the late Ashkenazi Chief Rabbi of Israel, Rabbi Avraham Shapira, only used a Yemenite Etrog. If you were to attend a Yemenite synagogue, you will be very surprised. When the Torah is read, in most communities there is a designated reader, with each person called to "read", actually only reciting the blessings, while the designated reader chants the text. Among Yemenites, each one reads his own portion. Heaven help him if he makes even the slightest error in punctuation or cantillation. Accuracy in the Word of G-d is taken VERY seriously! Moreover, only one verse is read at a time, while someone else (usually a small child) will recite the Aramaic Translation (Targum), a trow back to the days when Aramaic was the predominant language among Jews. Unlike most other communities, where children under Bar Mitzvah age are not allowed to read the Torah publicly, Yemenites begin reading the Torah at age six. By the time they are Bar Mitzvah, a boy is expected to be capable of reading anywhere in the Torah with an accuracy rarely seen or heard of elsewhere (although a few Sepharadic communities do this as well.)
I could go on and on about their unique traditions. But, in fact, we almost lost this amazing community in the twelfth century. One man was responsible for that not happening. That will be the next part of our story

Jewish Marriage part 15

"Agunah" means "chained" or "anchored". It refers to a woman who is married, but is no longer with her husband, with the husband either unable or unwilling to give her a "get". The classical example was a man who has simply disappeared. He may have been kidnapped. He may or may not be dead.He may simply have run away to another country in order to start a new life.We just don't know. This is one of the saddest cases in halachah, as the Torah puts the sole authority for giving the "get" into the hands of the man ("He shall write for her a book of divorce"). Such women, albeit few and far between, were forever chained to their husband, and unable to remarry. Jewish law bent over backwards to admit even flimsy evidence. proving that the man had died, thus freeing her. If he were alive, they could contact the rabbis of that town to coax him into giving a "get", which would then be given to her via  proxy. The State of Israel actually has a rabbi who is well versed in "gittin" who travels the world in search of husbands who have disappeared, getting their authorization for a "get". In the aftermath of 9/11, the late Rabbi Ovadia Yosef came to New York to see the site of the disaster, and ruled that there was no reasonable chance for anyone to have survived, thereby freeing all the would-be agunot to get on with their lives.
Today, however, a far more common situation exists where a man may decide out of spite, or for purposes of extortion, to refuse his wife a get. Classically, the Beit Din would, in such cases, administer corporal punishment to "convince" the husband that it is in his best interest to grant the "get'. As this is illegal in nearly every country, it is now rarely done. Those who do it are subject to punishment by the Civil authorities. Several New York rabbis are now in prison on Federal charges for doing just this.
A group of more Left leaning Orthodox rabbis have come up with a solution, which they are actually putting into practice, but has met with great opposition from more "establishment" rabbis and organizations. It is the brainchild of the later Rabbi Marvin Antelman, a maverick (and some would say an eccentric) American rabbi. On the one hand, no one can question his sincerity. He was not afraid to tackle powerful people. In the mid 1980s, he had a woman wear a wire, thus exposing the head of the Tel Aviv Beit Din as a predator, extorting women for sexual favors in return for expediting their divorces. On the other, he was a fan of wild conspiracy theories, mostly around Shabbatean and Frankist heresies. He claimed that the Conservative rabbinical seminary, JTS, was a hotbed of Frankism, as well as is the ultra Orthodox Eidah HaHareidit of Jerusalem. In fact, Frankists were behind the Holocaust. (Search his name on YouTube, and you can find videos). I once met him at a wedding. He was a most likable man. Sadly for him, we had the same sense of humor. He came up with an idea that could save agunot. Although he was not widely known, his idea was picked up by Rabbi Emanuel Rackman, a powerhouse in Modern Orthodox circles. Most people today credit Rabbi Rackman with the idea, with the much lesser known Rabbi Antelman nearly forgotten.The idea goes like this:
In Jewish law, I can unilaterally impose a debt on myself, but can't impose a debt on someone else, without due process. In other words, i can decide I owe you $1.000, I can't decide that you owe me $1,000 without documentation and/or a trial. This is not only the case with money, but also ritual matters. A man must have his son circumcised. The responsibility rests solely with the Father. If he fails to do so, the Beit Din must step in and do it. If the Beit Din fails to act, the responsibility falls on every individual to act. (Of course, today one would go to jail for this). In halachah, we are doing the man a favor, which requires no assent). Now, a married man has certain obligations to his wife for the duration of the marriage. He must feed her, house her, provide her with sexual fulfillment, and clothe her. If he fails to do any of the above (other than a situation in which he physically cannot), he must give her a "get". This is a Torah obligation. The rabbis who support (and act on) this idea, have opined that if the husband has failed to provide a "get" under these circumstances, the Beit Din can, and should, act in his stead.They are, after all, doing him a favor, relieving him of all the marital obligations which he is not fulfilling. There is actually precedent for this. It was common practice of the Beit Din in Morocco in the 18th century!.
Most rabbis have rejected this solution, as they feel that the principle of "doing a favor for someone without his consent" cannot override the Torah's command for the husband to grant the "get". However, most of the responsa I have read on the issue have not been to the topic, but rather ad hominem (these rabbis can't compare with those rabbis). Some of the Israeli Batei Din are already acting on this, against the wishes of the Chief Rabbis.  I hope and pray that either this, or another solution, will be found (and accepted) in the very near future.

The Scribe part 13

The Torah commands that we write "these words" on the doorposts of your homes, and upon your gates.(Deuteronomy 6:9). This has come down to us through the Oral Torah as meaning that a parchment scroll, hand written with intent (like a Torah scroll) must be affixed on the right side of every doorway in a Jewish home. It is to contain two paragraphs of the Torah, which speak of G-d's unity, the command to love and obey Him, to recite the Shma' every morning and night, as well as commanding the mitzvot of Mezzuzah and Terfillin. Mezzuzah literally means "doorpost". Nearly all Jews keep this mitzvah, at least partially.Writing a Mezzauzah takes nearly an hour in the Sepharadic script, two and a half hours in the Ashkenazic script. This can be somewhat pricey. As a result, many only put the Mezzuzah on the front door, rather than all doors, as commanded by the Torah. In addition, unscrupulous merchants often substitute either photocopied Mezzuzot, or those written in a crudely done, invalid script. The scroll is placed in a casing, which can be a simple paper wrapping, plastic, or even silver. The casing has no rules attached to it. (A Mezzuzah that is exposed to the elements should have a sturdy, waterproof case). The scroll is the main thing. We have a tradition that goes back at least a thousand years that the scroll is written in twenty two lines, and the Name of G-d, Shad-dai (Almighty) is written on the back.
Like other mitzvot, the Torah is silent as to the reason(s) for this mitzvah. Many rabbis have interpreted it as a sort of amulet, protecting the home and its occupants. In fact, in medieval France and Germany, names of angels were inscribed in the margins! (Especially to be found in RASHI and Machzor Vitri). RAMBAM, and other philosophically inclined rabbis, decried this, as it is "transforming the symbol of G-d's unity into a magic amulet". The more mystically inclined counter that there are many references in the Talmud that ascribe a protective power to the Mezzuzah. The philosophers counter that these were statements that are either allegorical, or meant to excite the "common people". A compromise view, accepted by many (as well as yours truly) is that in the merit of the fulfillment of this mitzvah, G-d extends protection over us. (The actual object being powerless except through the power of G-d).The philosophers balk at even this, seeing the mitzvot as primarily reminders of G-d's presence, with no material meanings. In practice, no one today includes the names of angels in the Mezzuzah, although most (but not all!) communities include a mystical permutation of Divine Names , consisting of three words, on the back, in addition to the above mentioned Divine Name. Mystics and philosophers agree, however, that as we enter or leave our homes,we encounter the Mezzuzah (many even kiss it), and are aware of G-d's presence, what we need to take into the world, and what, upon returning home, we need to "leave at the doorstep". A dispute arose in twelfth century, whether the mezzuzah should be affixed straight up and down (most rabbis' view) or horizontally (Rabbenu Tam). Ashkenazim therefore put the mezzuzah on a slant, with the top facing into the room, in order to make a compromise between the two views. Most Sepharadim point out that a slant is, in fact, neither view, and therefore place it straight up and down, which is the majority view.
Rabbi Samson Raphael Hirsch writes a powerful thought. Civilizations rise, civilization fall. When a society crumbles, the Jew picks the Mezzuzah out of the rubble, and affixes it at his next stop. Our real home is G-d!

The Scribe part 12

In my last post, I described the two views concerning the order of the Torah passages in the Tefillin. Although most Orthodox Jews, even if they only wear RASHI's Tefiilin, are aware that there exists the alternative view of Rabbenu Tam, there are, in fact, other views of which most people are unaware.
One of the earliest written works on Tefillin, is the Shimusha Rabba by Rabbi Sar Shalom Gaon (ninth century). We are fortunate that this work has survived because it was deemed important enough by ROSH (fourteenth century) to be quoted in its entirety in his great commentary to the Talmud. The Shimusha Rabba's approach to Tefillin, is essentially what we know as RASHI's view, but with several stringencies not generally required by other sources. Most famous of these is his requirement that the minimum size of the Tefillin is "two fingers by two fingers" (about 4 cm), whereas other authorities saw no particular size as significant.
In the writings of the great Kabbalist, Rabbi Isaac Luria (the ARI), which were actually written down by his disciples, especially Rabbi Hayyim Vital, we read the following (which is quoted on three separate occasions) "My teacher, the ARI, wore for the morning service RASHI and Rabbenu Tam tefillin together. At the afternoon service, he wore only Rabbenu Tam's, until he made for himself Tefillin of Shimusha Rabba, two fingers by two fingers, and said that they count as both views together". I have described   earlier  how the teachings of the ARI, recorded by his closest disciple, Rabbi Hayyim Vital, didn't reach Europe until the mid 18th century, or two hundred years after they were written. The ARI was famous, however, through the writings of Rabbi Israel Sarug, who brought the teachings of the ARI to Europe in a very different form than that of Rabbi Hayyim Vital. It is a mystery which still puzzles historians as to what, if any, his connection was to the ARI.(There are several theories). All the great European Kabbalists were his disciples, which accounts for many differences between European and Middle Eastern Kabbalah. Rabbi Sarug states that Shimusha Rabba is actually RASHI's BACKWARDS. That is, the same order as RASHI, but placed in that order from the perspective of the WEARER, rather than of someone looking at him. There was, in fact, a similar view (RAAVAD) that agreed with Rabbenu Tam, but backwards. So, according to Rabbi Sarug, there are actually FOUR kinds of Tefillin; RASHI, Rabbenu Tam, Shimusha Rabba and RAAVAD. They represent four different permutations of the Divine Name. But whereas the first two are for everyone, the latter two are for spiritually evolved people only. This is, in fact, the practice of many Hasidic Rebbes.
The Middle Eastern Kabbalists understood the Tefillin of Shimusha Rabba to be identical to RASHI's, only larger and with care given to certain other details. Then how do they equal the two views together? And why not wear them in the morning instead of the two pair? These Kabbalists understood, as I have previously indicated, that RASHI's and Rabbenu Tam's represent, respectively, the female and male consciousness. Shimusha Rabba represents the consciousness of Arich Anpin; a force beyond male and female, which at once is their common source, and which is the ultimate result of their unification. (Those familiar with Daoist thought will immediately recognize the similarity with Taiji, Yin and Yang). Only after having experienced both consciousnesses, can we rise to the perception of their ultimate Unity. In Israel, there are several synagogues where all the men pray the afternoon service wearing these tefillin. In many other synagogues one may find several men doing this, even if most do not. If one goes to the Kotel on any weekday, one will see scores of Kabbalists praying the afternoon service during the last moments before sundown wearing these Tefillin. Here in the U.S., these ideas are little known, except in some Sepharadic circles.Once, I was once in Brooklyn, and saw that I would not make it home before sundown. I stopped at a Syrian synagogue, and asked the gentleman in charge if it would make anyone uncomfortable if I prayed the service with Tefillin (not usually done). He smiled and said "Did you forget to put them on on the morning. or are you on the ARI plan?"
The symbolism here is clear. When a man and woman marry, they are, hopefully, in love. The first years of marriage are basically a "dance", learning how each functions physically, emotionally and spiritually. There reaches a point in every good marriage, where there are no linger two, but their hearts beat as one. They have transcended the limiting gender models. Although it is the same marriage as it was, it gets a whole new meaning. Passion, desire,needs have turned to gold! Shimusha Rabba Tefillin are physically RASHI's, but, towards the end of the day, they comprise both, transcending both, and giving greater meaning to each. So it is on the human level, so it is on the level of the Divine.