Shabbat part 12

Before going into the ins and outs of using hot water on Shabbat, I believe a few words on the entire Ashkenazi-Sepharadi conundrum are in order. As you have undoubtedly noticed, usually the Ashkenazim are very strict, with the Sepharadim taking a more lenient position on issues, but with some glaring exceptions. This is not arbitrary, but based on real differences in approach. An Ashkenazi would argue that since we are dealing with the laws of G-d, anything other than "all the way" would be disrespectful, or even downright sinful. In a gray area, every precaution must be taken to fulfill the Divine Will. Every "svara" (theoretical construct) must be taken into consideration. Even things similar to those things being avoided must be dealt with cautiously. If the ancient sages forbade a particular action as a "fence around the Torah", we must then extend it to actions SIMILAR to those; essentially a "fence around a fence". No opinion of rabbinic "greats" can be ignored. Stringency in both Biblical and Rabbinic law is at the heart of serving G-d. Sepharadim, on the other hand, understand that not strictness, but truth, lies at the center of service of G-d. Concluding that something permissible is sinful, is just as bad as saying that something sinful is permissible. There is even a line in the Sepharadic confessional of Yom Kippur to that effect. (What You have declared severe, I have considered lightly; what You have declared light, I have considered severe). In the Talmud, before a question is decided yea or nay, it is carefully weighed from every possible direction. The mitzvot are not an end in themselves, but a means of serving G-d. Make no mistake; the halachah must be observed. But often, a stringency will not contribute to piety, but simply make the Torah less livable, thus taking us away from G-d. For example, the huge, mostly baseless stringencies observed by Ashkenazim for Passover make that joyous festival into weeks (or months) of anxiety, followed by eight days of dread. Sepharadim would see these stringencies as counter to the intent of Torah. Passover is a Feast of Freedom and encounter with the Divine. The theoretical constructs of post Talmudic rabbis must be judged in light of their fidelity to both the Oral and Written law. Often, these opinions will be accepted, but just as often not. For Ashkenazim, it will be very rare that the opinion of a great rabbi will be ignored. On the other hand, as we have seen in the past, Ashkenazim put a great deal of weight on Minhag (custom). Not only must long-standing community custom (which in recent centuries has also been extended to family custom) be kept, but it even overrides halachah. "A custom trumps law" and "A custom of Israel is Torah" are often heard slogans, which are unknown in the Babylonian Talmud. As we have seen, RAMBAM negates the binding nature of all post fourth-century customs (after the last Sanhedrin), except as a local usage with no real legal standing, and which NEVER can trump a halachah. It is in these cases that Sepharadim will call 'foul" on an Ashkenazi "accepted practice", even if it was observed by a famous rabbi. Both Ashkenazi and Sepharadi rabbis will be cautious with permitting practices that may undermine Judaism in the long run. Before 1968, all Jewish Community Centers in the U.S. and Canada were closed for Shabbat, even though most participants in their programs were non-Orthodox. In that year, a new JCC was dedicated in a major Midwestern community, and a very prominent rabbi was honored with affixing the Mezuzot. The director of the JCC asked the rabbi if opening on Shabbat would be permissible for an "Oneg Shabbat" ( a program or lecture for Shabbat, accompanied by light refreshments). The rabbi responded "Oneg Shabbat? I will write you a responsum so you will be able to use the pool, play ball, and do many other things, just being careful about certain details. ". The responsum was faxed to JCCs all over America, with the addendum "all these rules are for the Orthodox. Now we have permission to open on Shabbat". All JCCs are now open on Shabbat. Was the responsum valid? Sure. But it did huge damage to the status of Shabbat in American Jewry. Ashkenazim and Sepharadim are very mindful of such pitfalls. Yes, taking a shower on Shabbat involves many possible violations of halachah, but there are also many ways of looking at this, as well as many other issues.Most of the possible problems with a shower involve indirect actions. First and foremost, the heating of the water. But we don't directly heat the water. Water comes out of the shower,and cold water enters the boiler automatically. It is, indeed, heated. But we did nothing directly to heat the water. We didn't even think about it!  As we shall see, many indirect actions of various kinds are permissible. These are dealt with in the Talmud in considerable detail. But then we must judge if these "outs" enhance or compromise our service of G-d. I will get into these details next time.