parshat re’eh – deuteronomy 12-13
Join Geoffrey Stern and Rabbi Adam Mintz recorded on Clubhouse August 25th 2022. The Torah prohibits us from adding or detracting to its directives and also against rewriting history. It even predicts that there might be a time where our leaders will try to reinvent our past. We discuss.
Welcome to Madlik. My name is Geoffrey Stern and at Madlik we light a spark or shed some light on a Jewish Text or Tradition. Along with Rabbi Adam Mintz, we host Madlik Disruptive Torah on clubhouse every Thursday and share it as the Madlik podcast on your favorite platform. In this week’s Torah reading is Re’eh. The Torah prohibits us from adding or detracting to its directives and also against rewriting history. It even warns that there might be a time where our leaders will try to reinvent our past. So hop into your time-machine and join us as we discuss…. A Time That Never Was…
Well, welcome. We are broadcasting from the Franco-American timeline. The rabbi is in Gay Paree, and I am in Connecticut. Thank you all for joining us. And we are getting towards the end of the Torah here. And as I said in the intro, the parsha Re’eh and it really covers a lot of good stuff. It starts with a little tease about a blessing and a curse and the whole Mount Grezim him and Har Ebel thing that we’re going to have soon, but doesn’t really go there. Then it starts talking, as it’s thinking about coming into the land, of destroying the altars that are there. And it’s focused on centralizing Judaism so that the idea is that you should only worship God in the designated, appointed place and destroy all of the altars of the non-Jews. And then it talks about how do you eat meat outside of that designated place, talks about false prophets gets into kosher rules, gets into tithes, the sabbaticals and holidays. So, it’s really got a lot of stuff. But we as is our custom are going to focus on something that could literally fall through the cracks. And that is in Deuteronomy 12: 29 It says, as follows. “When your have God has cut down before you the nation’s that you are about to enter and dispossess and you have dispossessed them and settled in their land, וְיָרַשְׁתָּ֣ אֹתָ֔ם וְיָשַׁבְתָּ֖ בְּאַרְצָֽם beware of being lured into their ways after they have been wiped out before you do not inquire about their gods saying How did those nations worship their god? I too will follow these practices” you will say, “You shall not act thus towards your God, for they perform for their gods every abhorrent act that God detests. They even offer up their sons and daughters to fire to their gods.” So, this is very strange, it really struck my attention. Because we’ve heard so many times about being influenced by the Canaanites by the idol worshipers that are in the land. But here it’s talking about a situation where you’ve already dispossessed them, and you’ve settled in the land. And it really is talking about don’t start looking kind of like an archaeologist It would seem or, or maybe a theologian curious about ancient practices, beware of being lured into the ways do not inquire about their gods, it says to וּפֶן־תִּדְרֹ֨שׁ לֵאלֹֽהֵיהֶ֜ם. And the commentaries are either very silent, or there’s one commentary that I found Rabbeinu Bahya who really does point this out. He says, you know, what’s the logic here, you’ve already destroyed them. When you beat somebody and they lose a war, you hardly want to imitate them. So what’s going on here and he says, This prohibits “Even the inquiry into details of the former inhabitants’ religious worship is forbidden” So it’s almost forbidden to do what we do so many times here at Madlik wishes, we look into context in history and practices of other people.
Adam Mintz 04:37
So, your point is a very important point. And that is that, chronologically, the way the Torah is set up. This is Moses speaking to the people before they enter the land. But because Moses is not going to enter of the land. He talks to them as if they’re already in the land. And they have all the challenges of being in the lands. Now, the idea of Kosher is a very interesting thing, just to take one thing that you mentioned, the idea of Kosher is not mentioned here for the first time, it’s mentioned in the book of Leviticus. But in the book of Leviticus, it means something very different. Because in the desert, the only time the Jews were allowed to eat meat was if they sacrificed a sacrifice, they sacrificed the sacrifice, and then they ate meat as part of the sacrifice. It was only when they entered the land when the borders became too great too wide and they weren’t able to get to Jerusalem every night where they wanted to have hamburgers, that they were allowed to eat from the meat even without, even without sacrifices. So even something like that, Jeffrey, I think that’s an interesting point that you make even something like that, you know, the laws of Kosher which we know from before, but they have a completely different meaning now, because they’re talking about a different situation, a situation that’s not limiting, but actually is expanding.
Geoffrey Stern 06:13
So, I totally I totally agree, everything is now focused on going into the land. But what I took away from this is this was one step further, this imagined prophesizes, if you will, a time where you’re successful, where there aren’t no pagans in the land, either they’ve converted or they’ve left or what else could have happened to them, but they’re not there. And the commentaries kind of focus on this is what what exactly is being prohibited here. And I think either looking at the few commentators like I did, like Rabbeinu Bahya or just looking at it as we do, you gotta think it’s strange. The question is, why would you number one, one to inquire about the gods of these unsuccessful inhabitants? And what is the concern about inquiring….. that I do think we have an inkling, it says, If you inquire, then you might start acting like them. And keep in mind, they go so far as to offer their children to their gods. But it is, to me anyway, it struck me as strange. And I think that for once the rabbinic authorities either didn’t have much to say about it, or when they did, the best they could really come up with is, maybe don’t be curious. Don’t be looking back. But I want to continue on this thread in our parsha. Because if you go to verse 13, the next chapter right after this, it says, Be careful to observe only that which I enjoin upon you neither add to it nor take away from it לֹא־תֹסֵ֣ף עָלָ֔יו וְלֹ֥א תִגְרַ֖ע מִמֶּֽנּוּ. And this, of course, is a little bit of a parallel, because you would think from the earlier statement, that you might be tempted to say, well, exactly how did they pray? And how did they deal with their tabernacle architecture, maybe we should take some of the beauty that we can see in the fallen structures around …. this idea of adding to the Torah, and clearly of taking away where we have requirements. As you mentioned, kashrut, Shabbat, all of the things that are mentioned. Don’t take those away. In historical perspective, I think this has been used as a double edged sword, correct me if I’m wrong, not adding, would really protect us from zealots who want to increase ….. I think Rashi is example that he gives is, for instance, “to place five chapters in the Tephillin, to employ five species of fruit and plants in the fulfilment of the command of Lulab”. So, Rashi is focused on a quantitative addition. But the idea is, don’t be a “Machmir”, don’t be a fanatic and crazy and start adding certain things and detracting would be the typical argument against the reformers, the enlightenment, where they would take away from the commandments and say, this is not necessary. It’s the Spirit of the Law. But do you see this? There’s kind of a correlation, a train of thought here between the two statements that we’re working on so far.
Adam Mintz 09:54
I think that’s all really good. Let me just deal with two points you just made. The first point is why people would be tempted towards idolatry. It’s interesting. The Talmud says that there are two big Yetzer Hora’s, two things that people desire. One thing is sexual, you know, sexual promiscuity, and the other is idolatry. And the Gemara says that the Yetzer Hora for idolatry has already disappeared, but the age of horror for sexual promiscuity that’s still there. But the question is, why is that so? Why is it that? Nowadays we’re not interested in idolatry, but then they were interested by Idolatry. And I think you have to understand something about what idolatry offers, that that monotheism that one God doesn’t offer. You know, when somebody’s sick, we pray to God, when we go on a trip, but we want to be safe, we pray to God, when we want to be successful in business, we pray to God. It’s the same God we pray to, in idolatry, everything has its own god, you know, like the Greek god Poseidon. When they went on a trip across the ocean, they weren’t going on planes then, when they had a trip across the ocean, they went to Poseidon. When they got married, they went to the God of love, when they got sick, they went to the god of healing. And there was something extremely, you know, desirable about this idea that everybody had a personal God, it’s kind of like the way you feel when you’re sick. You know, God forbid, if someone has a specific, problem, they don’t want to go to the general practitioner, right, Geoffrey, that was in our parents or grandparents of generation that everybody went to the to the GP, and he or she solved all the problems. Now you want the specialist, you want the specialist, who’s the specialist of the specialist of the specialists, who only deals with exactly what your problem is, the truth of the matter is that that’s the same thing with gods, we want a god who was a specialist, and naturally why there was a Yetzer Hora. And that’s why the Torah says don’t go after their gods, that, you know, they looked at these people, and they said, hey, you know, maybe something’s right, because they seem to be living in good life, and they have very specific gods. That’s number one. Number two, is the idea of not to add and not to subtract, obviously, that is at the core of everything Jewish, because that’s the whole tradition of the evolution of the law. You know, obviously, the law has been added to and has been subtracted from just take the littlest things, right, the fact that we sell our Hametz (leaven), before Pesach, is in addition to the law, the fact that we avoid the laws of the Shmita, the seven sabbatical years by selling the land to a non-Jew is an addition to the law. It’s subtraction from the law. So, what is it exactly this acceptable and what’s not acceptable? And why when the reform movement came around? And they said, you know, we’re going to cut out some the prayers and these kinds of things. How did everybody know that was unacceptable? Maybe that was part of the acceptance. And this law of don’t add it don’t subtract is really about rabbinic authority. That’s what it’s all about. It’s about who makes the rules. And the amazing thing is that according to tradition, the Torah was written 3,300 years ago, and we are still in 2022. arguing about that point, who makes the rules? I’ll just tell you a funny Paris story, Sharon, and I were walking down the street this afternoon. And we overheard some young woman who was on her cell phone….. And of course, we Americans always talk too loud….. So, she was on her phone. And we heard her say, Maharat for Shabbos. I like, we stopped and say what, what are you talking about Maharat in Paris, and it seems to be that there is a Maharat in Paris, and she’s on of my students. And we’re going there for Shabbos lunch. And this young woman is invited, and she was telling her mother that she’s going to Maharat for Shabbos lunch. Now, that’s just kind of funny, this small world that we live in. But you know, that’s an example, who says that women can’t be rabbis? Why is that an addition to the law that the Orthodox won’t accept, while you know selling your Hametz is something that they will accept. So this idea of adding and subtracting to the law is something that we’re still fighting about this every day.
Geoffrey Stern 14:10
I love the fact that you’re all the way in Paris and you heard about Maharat the school that you teach that that trains women rabbis in the Orthodox tradition. Small world is the only term that comes to mind. So I think you’re right. And I love the fact that you bring in things that are across the border, because in Deuteronomy 13: 7, it repeats kind of with a new nuance, the prohibition about taking customs and worship rights from the pagans. It says “If your brother, your own mother’s son, or your son or daughter, or the wife of your bosom, or your closest friend entices you in secret, saying, “Come let us worship other gods”—whom neither you nor your ancestors have experienced — from among the gods of the peoples around you, either near to you or distant, anywhere from one end of the earth to the other: do not assent or give heed to any of them.” So again, I believe this is totally new territory. Because up until now, we’ve been concerned with the pagan practices that they are being exposed to, don’t let your kids marry someone from the Canaanites, all of that stuff. And here, the field of vision is so much larger, there’s this issue of secret, which we’re going to have to deal with. But even before we get there, it’s a movement of people. But it has stuff that not even your ancestors, this isn’t even the paganism that Abraham rejected, or that you might have seen maybe in Egypt. The field of vision is so much larger. And I’m going to ask you to comment, and then I’m going to give you what I believe, is, is the historical context for these paragraphs. But do you agree with me that there’s something strange and different in this prohibition than other ones that we’ve seen here to four?
Adam Mintz 14:12
Yes, I think it’s right. And I’m gonna I’m going to pause for a second to listen to your historical analysis. Because I think that’s what it’s really all about here. What’s the background for this paragraph? So why don’t you shoot with the history and then we’ll talk about,
Geoffrey Stern 16:40
so thank you. So as you know, when we started reading Devarim (Deuteronomy), we really said it is a totally different voice, a totally different book. The Torah itself talks about it being discovered. And in the books of Tanach. There are those that say that it was written/discovered during the reign of King Josiah. But in any case, it has a different vision. And I am reading what is the first popular history of the Jewish people by a guy named Heinrich Graetz. We Jews love history, but we don’t necessarily study history. And he has two things that struck me that I read recently that really kind of put this into context. The first is a king called Jeroboam. And he ruled 977 to 955. And what he did is that he started to take control, and he’s used religion as a way of gaining control of all the people. I’m gonna read a little bit from greats. “He was the only man of ability and daring and an Ephraimite. From the tribe of Ephraim. They readily fell into his scheme and he introduced other tribes to join them. To obviate the need of pilgrimages to the temple.” Remember, we just came through the Torah, saying you have to make the pilgrimage to the set centralized temple, to which the people had been accustomed and in which their lurked a political danger, Jeroboam hit upon a mischievous scheme, which was to lead Israel back into idolatry. During his sojourn in Egypt, Jeroboam became acquainted with the animal worship of the Egyptians and learn the stupefying effects that had upon people. The introduction of Apis worship in Egypt, in effect on the Israelites would render them more tractable, and in addition would raise Jeroboam in the favor of the Egyptians.” So, there was domestic politics involved, and there was a foreign politics involved. “Moreover, Jeroboam determined to pose as a restorer of the ancient religion of Israel, and not as the creator of a new one. In Egypt and later in his own countries. They worshipped sacred bulls, and it goes into detail how this king drove them. You consolidated political party by leading a false movement of returning to a past that never existed, and he was successful. There was another king Manasha of Judah who was 200 years later, who did very similar things. He promoted idolatry again, I’m reading from Greitz throughout the kingdom, built pagan temples and Egan sacrificed on his sons and the fires of my life. He There’s a tradition that he killed Isaiah. So I think as you read these, and I would love you to go to the Sefaria notes and read in detail what Greitz wrote, and others wrote, I think that puts a totally new face on what we just read. This wasn’t pure speculation if you’re a traditional Jew, and you believe that Devarim was spoken by Moses, it was prophesizing, this period where these dastardly kings would go ahead and manipulate the past, and try first in secret amongst friends and family and then move it out where they would consolidate power, and use a religion that they imported from afar to do this. It seems to me that if you get a sense of history, and you know the history of for instance, these two kings, who by the way, preceded the King, who found (the book of Devarim) under his role, he did a true return Tshuvah, a true return to our religion. And he is responsible for bringing the book of Devarim to the fore. I feel like I’ve been robbed, I had never realized this part of Jewish history. And once you read it, and then you read the verses that we just read in Devarim, it puts them in a totally different context. It’s talking about real situations that will happen prophetically, that did happen?
Adam Mintz 21:27
So that’s first of all, thank you to Greitz, I’m happy that you’re reading Greitz. Because, you know, the history of the prophetic period or the Kingdom is really the history of monotheism, the belief in the one God, the Jewish God, in the case of the prophets, and idolatry. And what you see is, and unless you read it Geoffrey, you can’t really believe it. You see the pull that idolatry had on people. It had on people it had on Kings, and then how complete societies were actually idol worshipers. I’m gonna tell you something else. That’s interesting. I don’t know if Greitz mentioned this. But you know, we have the tradition, the Torah, that the golden calf was the worst sin of the Jewish people. We know from archaeology now that during the time of the first temple, the Jews, the committed Jews, the Jews committed to God committed to the temple committed to the Prophet committed to the king, they actually had little idols, little golden calves at home, and they use them to worship God, the Jewish God. So, what you see is that idolatry was so strong, that even the good guys used idolatry, sometimes to help them with their religion. So, you see exactly what you said, what the pull of idolatry was all about. And you kind of understand, you know, during the end of the First Temple, the 10 tribes, they went north, and they basically broke away, and then they were captured by Sennacherib, and then they were dispersed, and we don’t know anything about them. And what we have is really the tribes of Judah and the tribe of Benjamin. So, we only have, two out of the 12 tribes have remained for everybody, maybe three because Levi also was there because idolatry gobbled up the other tribes. Yep, that’s an amazing thing. Think about that. Idolatry literally gobbled up 9 of the 12 tribes.
Geoffrey Stern 23:27
It is it is totally amazing. And the other parallel aspect of it is how closely linked politics and religion were. It’s not a modern phenomenon. Certainly, anyone who studied the papacy knows that. But the point is that if Graetz is even 80%, correct, in the in his treatment of these two kings, and he, by the way, does not make the connection to the book of Devarim. It was just that kind of small world moment where I’m reading the parsha and I’m reading Graetz, and it just leapt out of the page, that in fact, you couldn’t get a better explanation of the strange verses that we just started with, then to understand that there were going to be leaders who were going to reach near and far who were going to pretend that this was an earlier religion, that they were reformers, so to speak, and we’re going to use it and yes, the outcome is tribes were lost the whole tapestry of the Israelite tribes was broken over this. And as we as we end, what I would like to do is to bring this up to date, because I think it’s very clear that on not only from the beginning has politics and political power, diplomacy and religion been very united, we see it even today there are two books that I quote in the in the in the notes on Sefaria. One is it’s called Changing the Immutable: How Orthodox Judaism Rewrites Its History Hardcover – May 1, 2015 by Marc B. Shapiro (Author). And of course, you Rabbi talked about the Halachic aspect of this. And the book is written by a real deep scholar. And the other book is The Uses of Tradition: Jewish Continuity in the Modern Era (Jewish Theological Seminary) Paperback – February 1, 1999, by Jack Wertheimer (Editor). And it brings an amazing story there. And it’s the story that in Israel, there was a great scholar named The Hazon Ish and this story is called The lost kiddush cup. And he decided that there was a particular shiur, there was a particular measurement that the kiddish cup had to be to be yotze, to fulfill the obligations of making kiddush and one of the students took his words very seriously. And he went home. And he brought back the kiddish cup that his great grandfather who was a major scholar in Poland used and guess what, it didn’t have the right shiur, it wasn’t large enough to hold the wine that the has a nice wanted. And he uses this as an example. And it goes on to say there was a whole to-do because they found the kiddush cup of the Chafetz Chaim and it also wasn’t large enough. And the scholar who wrote the book uses this to explain how we constantly are rewriting history. And we have to be careful of it. And first of all, you have to identify it. And then you have to be careful of it because as the verse said, you can’t add or detract from these things. But I think the most important thing is we have to be aware of it. And it’s so important to understand not only what’s added and what’s not, but sometimes what the motivations are. And I think that becomes very powerful and in the State of Israel, where religion at the end of the day is playing a very large role, we can definitely see how secular leaders are a able to use tag words of religion and to sway people and it’s something that I think needs to be to be studied and at times called out that to me is how up to date these warnings are and not simply about adding a few laws here and there but changing the whole fabric.
Adam Mintz 27:47
That is fantastic. So I think what you see here and it’s really more true in Devarim, these portions in Divorim than anywhere else is that the issues that affected the Jewish people 3,000 years ago were still the issues that affect us today. And we can learn both from the mistakes that were made in the past and the you know the things that people did right and you talk about the Hazon Ish and the Hazon Ish’s kiddish cup and you talk about women rabbis, and all of these kinds of things. It’s really amazing to see how we still argue about it. But we should gain strength just to end on a nice note we should gain strength and the fact that the Jewish tradition is alive. And then on clubhouse we can still argue about argue and discuss the same issues and that makes us stronger and that makes us better. So whether you’re in Paris, none on the East Coast or anywhere in between have a Shabbat Shalom, enjoy the Parsha Chodesh Tov. It’s the beginning of the month of Elul. Rosh Hashanah is right around the corner. Enjoy everybody and we look forward to seeing you next week at our regularly scheduled time. Eight o’clock on the East Coast Eastern Daylight Time. Shabbat Shalom Shabbat Shalom Geoffrey
Geoffrey Stern 28:55
Shabbat shalom. Au revoir rabbi and enjoy and take notes from Paris and for the rest of us. Yes, let’s realize how up to date, the Torah is always and keep our focus on strange little pictures and visions that occur and try to get to the bottom of them. Be sure to look for the Madlik podcast, give us some stars say something nice. And with that I will say Au revoir from Connecticut. Shabbat shalom.
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You shall not intermarry with them: do not give your daughters to their sons or take their daughters for your sons. For they will turn your children away from Me to worship other gods, and the LORD’s anger will blaze forth against you and He will promptly wipe you out.
Deuteronomy 7: 3- 4
וְלֹ֥א תִתְחַתֵּ֖ן בָּ֑ם בִּתְּךָ֙ לֹא־תִתֵּ֣ן לִבְנ֔וֹ וּבִתּ֖וֹ לֹא־תִקַּ֥ח לִבְנֶֽךָ
כִּֽי־יָסִ֤יר אֶת־בִּנְךָ֙ מֵֽאַחֲרַ֔י וְעָבְד֖וּ אֱלֹהִ֣ים אֲחֵרִ֑ים וְחָרָ֤ה אַף־יְהוָה֙ בָּכֶ֔ם וְהִשְׁמִידְךָ֖ מַהֵֽר
Now then, let us make a covenant with our God to expel all these women and those who have been born to them, in accordance with the bidding of the Lord and of all who are concerned over the commandment of our God, and let the Teaching be obeyed.
Ezra 10: 3
וְעַתָּ֣ה נִֽכְרָת־בְּרִ֣ית לֵ֠א-לֹהֵינוּ לְהוֹצִ֨יא כָל־נָשִׁ֜ים וְהַנּוֹלָ֤ד מֵהֶם֙ בַּעֲצַ֣ת אֲדֹנָ֔י וְהַחֲרֵדִ֖ים בְּמִצְוַ֣ת אֱ-לֹהֵ֑ינוּ וְכַתּוֹרָ֖ה יֵעָשֶֽׂה
Wherever there is [a valid] betrothal and no sin, the child follows the male [with regard to familial status].
Which is this? This is a Kohenet, a Levite woman, or an Israelite woman who married a Kohen, a Levite or an Israelite.
Wherever there is [a valid] betrothal and there is a sin, the child follows the defective one.
Which is this? This is a widow married to the Kohen Gadol [High Priest], a divorcee or a chalutzah [the widow of a childless man released from the obligation of levirate marriage by a ceremony performed by her brother-in-law] [married] to an ordinary Kohen, a mamzeret [the female offspring of certain prohibited relationships who may not marry into the general Jewish population] or a Netina [female Gibeonite] to an Israelite, a female Israelite to a mamzer or Netina.
[With] any [woman] for whom there is no betrothal to him, but there is betrothal to others, the child is a mamzer.
Which is this? This is one who has sexual intercourse with any one of the forbidden sexual relations [mentioned] in the Torah.
Any [woman] for whom there is no betrothal either to him or to others, the child is like her.
Which is this? This is the child of a [non-Jewish] maidservant or a non-Jewish woman.
Mishna Kiddushin 3: 12
כָּל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְאֵין עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַזָּכָר
וְאֵיזֶה, זוֹ כֹהֶנֶת, לְוִיָּה וְיִשְׂרְאֵלִית שֶׁנִּשְּׂאוּ לְכֹהֵן וּלְלֵוִי וּלְיִשְׂרָאֵל.
וְכָל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְיֵשׁ עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַפָּגוּם.
וְאֵיזוֹ, זוֹ אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין.
וְכָל מִי שֶׁאֵין לָהּ עָלָיו קִדּוּשִׁין אֲבָל יֶשׁ לָהּ עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד מַמְזֵר.
וְאֵיזֶה, זֶה הַבָּא עַל אַחַת מִכָּל הָעֲרָיוֹת שֶׁבַּתּוֹרָה.
וְכָל מִי שֶׁאֵין לָהּ לֹא עָלָיו וְלֹא עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד כְּמוֹתָהּ.
וְאֵיזֶה, זֶה וְלַד שִׁפְחָה וְנָכְרִית
רבי אחא שר הבירה ור’ תנחום בריה דרבי חייא איש כפר עכו פרוק הנהו שבוייתא דאתו מארמון לטבריא הוה חדא דאעברא מעובד כוכבים ואתו לקמיה דר’ אמי אמר להו ר’ יוחנן ור’ אלעזר ור’ חנינא דאמרי עובד כוכבים ועבד הבא על בת ישראל הולד ממזר
אמר רב יוסף רבותא למחשב גברי הא רב ושמואל בבבל ורבי יהושע בן לוי ובר קפרא בארץ ישראל ואמרי לה חלופי בר קפרא ועיילי זקני דרום דאמרי עובד כוכבים ועבד הבא על בת ישראל הולד כשר
אלא אמר רב יוסף רבי היא דכי אתא רב דימי אמר רבי יצחק בר אבודימי משום רבינו אמרו עובד כוכבים ועבד הבא על בת ישראל הולד ממזר
רבי יהושע בן לוי אומר הולד מקולקל למאן אילימא לקהל הא אמר רבי יהושע הולד כשר אלא לכהונה דכולהו אמוראי דמכשרי מודו שהולד פגום לכהונה
מק”ו מאלמנה מה אלמנה לכהן גדול שאין איסורה שוה בכל בנה פגום זו שאיסורה שוה בכל אינו דין שבנה פגום
מה לאלמנה לכהן גדול שכן היא עצמה מתחללת הכא נמי כיון שנבעלה פסלה
דאמר רבי יוחנן משום רבי שמעון מנין לעובד כוכבים ועבד הבא על הכהנת ועל הלויה ועל הישראלית שפסלוה שנאמר (ויקרא כב, יג) ובת כהן כי תהיה אלמנה וגרושה מי שיש לו אלמנות וגירושין בה יצאו עובד כוכבים ועבד שאין להם אלמנות וגירושין בה
אמר ליה אביי מאי חזית דסמכת אדרב דימי סמוך אדרבין דכי אתא רבין אמר רבי נתן ורבי יהודה הנשיא מורים בה להיתירא ומאן רבי יהודה הנשיא רבי
6. Reform Responsa
The concept of paternity as the determining factor in progeny being considered as having Jewish descent is a constant in the Hebrew Bible, as the authors of the Report elaborated: “both the Biblical and the Rabbinical traditions take for granted that ordinarily the paternal line is decisive in the tracing of descent within the Jewish people.” Numerous examples in the Hebrew Bible determine a child’s status by the father’s tribe. The Report further asserts, “in the Rabbinic tradition, this tradition remains in force,” citing as prooftexts examples of Priestly status–“the child of an Israelite who marries a Kohenet is an Israelite” and the Talmudic precept, “the most important parental responsibility to teach Torah rested with the father (Kiddushin 29a; df. Shulchan Aruch, Yoredeah 245.1).” Only in the case where “the marriage was considered not to be licit, the child of that marriage followed the status of the mother (Mishna Kiddushin 3.12, havalad kemotah).” The Report offers a sociological interpretation of the reason for matrilineal descent in illicit unions: “the woman with her child had no recourse but to return to her own people.[ii]
Lev Paschov, an Israeli soldier who immigrated to Israel under the Law of Return from the Former Soviet Union, was killed while on active duty in Southern Lebanon in 1993, and buried twice. He was first interred in a regular Israeli military cemetery, but after it was discovered that his mother was not Jewish, his body was exhumed, and Paschov was buried a second time, in a cemetery for non-Jews.
For many Israelis, the macabre end of Paschov’s brief life journey was deeply disturbing. How was it possible that someone could be welcomed to Israel under the Law of Return, serve the Jewish state’s army, and die defending his adopted homeland, and still not be considered Jewish enough to be buried alongside his comrades?[iii]
Responsa of Rabbi BenZion Meir Hai Uziel, the chief rabbi of Israel in the 1940s and 1950
…From here we learn,that a patrilineal Jew brought by his father for a conversion should be accepted by the beit din. Even though this child is called the child of the Gentile woman, he is still considered zera yisrael (of Jewish stock)… everyone agrees that children of a Jewish man born to a Gentile woman are called zera yisrael, therefore, when the father brings him to convert, the child reverts to his original lineage. Responsa Piskei Uzziel BeShe’eilot Hazeman #64[iv]
…מכאן אנו לומדים במכל שכן כשגוי זה הוא בן ישראל מנכרית ואביו מביאו להתגייר שבי”ד נזקקים לגרותו משום דאע”ג שהוא נקרא בנה של הנכרית אינו יוצא מכלל זרע ישראל… הלכך כשאביו הביאו להתגייר חוזר הילד לעיקר זרעו, … הא למדת דבן הבא מן הנכרית נקרא זרעו של ישראל ועובר עליו משום ומזרעך לא תתן להעביר למולך, הלכך אם בא לגיירו מצוה עלינו להזדקק לגרותו כדי לכפר עון האב מאחרי הגרות ולבל ידח ממנו נדח. ואין לחוש שמא יגרר אחרי אמו דאדרבא אם דוחים אותו ועוקרים אותו ממקור חייו וזרעו שהוא אביו ודאי שיטמע בין הגויים ויכפור באלהי ישראל, וישנא תכלית שנאה את היהדות ותורתה…
I hope it is not impertinent, for someone writing thousands of miles distant from the great country in which the women’s liberation movement has made such rapid strides, to express astonishment that the clamor to change an ancient law which makes Jewish status depend on the mother should have originated in that very country.
There is no problem of Descent, Lous Jacobs[v]
10. Feminist Response – The Jewish Community’s “Need” to Punish Men Who Intermarry
Judith Hauptmann, a Talmud scholar widely known for her work in advancing feminist scholarship of Judaism. … proceeds to argue that the modern Jewish community should not rescind matrilineal descent because doing so would have the effect of removing a punishment against Jewish men who intermarry.[vi]
Hence a man leaves his father and mother and clings to his wife, so that they become one flesh Genesis 2: 24
עַל־כֵּן֙ יַֽעֲזָב־אִ֔ישׁ אֶת־אָבִ֖יו וְאֶת־אִמּ֑וֹ וְדָבַ֣ק בְּאִשְׁתּ֔וֹ וְהָי֖וּ לְבָשָׂ֥ר אֶחָֽד׃
Rashi ONE FLESH — Both parents are united in the child.
לבשר אחד. הַוָּלָד נוֹצָר עַל יְדֵי שְׁנֵיהֶם וְשָׁם נַעֲשֶׁה בְשָׂרָם אֶחָד
Genesis 17: 21
וְאֶת־בְּרִיתִ֖י אָקִ֣ים אֶת־יִצְחָ֑ק אֲשֶׁר֩ תֵּלֵ֨ד לְךָ֤ שָׂרָה֙ לַמּוֹעֵ֣ד הַזֶּ֔ה בַּשָּׁנָ֖ה הָאַחֶֽרֶת׃
But My covenant I will maintain with Isaac, whom Sarah shall bear to you at this season next year.”
A certain man of the house of Levi went and married a Levite woman[vii]. Exodus 2: 1
וַיֵּ֥לֶךְ אִ֖ישׁ מִבֵּ֣ית לֵוִ֑י וַיִּקַּ֖ח אֶת־בַּת־לֵוִֽי
[i] MATRILINEALITY AND PATRILINEALITY IN JEWISH LAW AND COMMUNITY, PART 1 Rabbi Ethan Tucker
[ii] 1 “Reform Movement’s Resolution on Patrilineal Descent,” Report of the Committee on Patrilineal Descent, adopted on March 15, 1983. Can be accessed at http://www.jewishvirtuallibrary.org/source/Judaism/patrilineal1.html
[iii] WHAT, NOT WHO, IS A JEW? Daniel Gordis March 1, 2011
[iv] MATRILINEALITY AND PATRILINEALITY IN JEWISH LAW AND COMMUNITY, PART 2, Rabbi Ethan Tucker
See also: https://books.google.com/books?id=MlImAQAAIAAJ&focus=searchwithinvolume&q=Irregular+marriages
[v] Originally published in Judaism 34.1 (Winter 1985), 55-59.
[vi] Patrilineal Descent–an Examination of Non-Lineal Descent.” Judaism, Winter 1985, pp. 46-50.
[vii] Laws regarding a Bat Levi as relates to the redemption of the first born son: If the father is a kohen or a levi, or if the mother is the daughter of a cohen or a levi, there is no mitzvah of pidyon haben (Shulchan Aruch 305:18).
If a boy is born from a non-Jewish father and a bas levi, there is also no mitzvah of pidyon haben since his mother is the daughter of a levi. However, if a boy is born from a non-Jewish father and a bas kohen, a pidyon haben is performed. Since the daughter of the kohen has violated her kedusha by having relations with a gentile, she loses her hallachic status as a bas kohen (Shulchan Aruch 305:18). Similarly, if a bas yisroel has a child with a non-Jew, a pidyon haben is performed. The Aruch Hashulchan comments that in this scenario it is difficult to ascertain who is obligated to perform the pidyon haben. The father, who is not Jewish, is obviously not obligated to perform this or any mitzvah. The mother is exempt as well, as this mitzvah is never the obligation of the mother (as we shall explain). Rather, in this case the child should perform his own pidyon when he reached the age of thirteen. Other poskim disagree and feel that the beis din should perform the pidyon right away- see Igros Moshe Y.D. 195 and Sheilas Yeshurun page 140.
The mishna taught that Rabban Shimon ben Gamliel said: There were no days as happy for the Jewish people as the fifteenth of Av and as Yom Kippur.
However, what is the special joy of the fifteenth of Av? Rav Yehuda said that Shmuel said: This was the day on which the members of different tribes were permitted to enter one another’s tribe, by intermarriage. It was initially prohibited to intermarry between tribes, so as to keep each plot of land within the portion of the tribe that originally inherited it. This halakha was instituted by the Torah in the wake of a complaint by the relatives of the daughters of Zelophehad, who were worried that if these women married men from other tribes, the inheritance of Zelophehad would be lost from his tribe (see Numbers 36:1–12).
What did they expound, in support of their conclusion that this halakha was no longer in effect? The verse states: “This is the matter that the Lord has commanded concerning the daughters of Zelophehad, saying: Let them marry whom they think best; only into the family of the tribe of their father shall they marry” (Numbers 36:5). They derived from the verse that this matter shall be practiced only in this generation, when Eretz Yisrael was divided among the tribes, but afterward members of different tribes were permitted to marry. On the day this barrier separating the tribes was removed, the Sages established a permanent day of rejoicing.
א”ר שמעון ב”ג לא היו ימים טובים לישראל כחמשה עשר באב וכיוה”כ: בשלמא יום הכפורים משום דאית ביה סליחה ומחילה יום שניתנו בו לוחות האחרונות
אלא ט”ו באב מאי היא אמר רב יהודה אמר שמואל יום שהותרו שבטים לבוא זה בזה
מאי דרוש (במדבר לו, ו) זה הדבר אשר צוה ה’ לבנות צלפחד וגו’ דבר זה לא יהא נוהג אלא בדור זה
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Filed under Bible, feminism, Judaism, Religion, social commentary, Torah, women's rights
Tagged as feminism, gender equality, Judaism, marriage, matrilineal, Torah, women's rights