Although there are no dairy ingredients in vegan cheeses, it is possible that the product was made on dairy equipment and therefore cannot be eaten with meat. A reliable kosher certification will indicate whether or not the vegan cheese is truly pareve and can be eaten with meat.
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Question: I have a question that I need to have cleared up. Since I was a little girl, I have not wanted children. I don't feel comfortable around them, and I just cant seem to wrap my head around kids at all. The problem comes in with the commandment of "be fruitful and multiply." What should I do and what does Judaism say about this situation?
[Administrator's note: a related question is found on JVO at http://www.jewishvaluesonline.org/question.php?id=185.]
Thank you for your question. Technically,our Sages have taught us that only men are commanded to be fruitful and multiply, not women. Now, while both are necessary to reproduce, it has been explained that the Torah would not obligate a person in a situation that is potentially a threat to health or life. That being said, finding a life partner who also does not want to have children would seem to be an appropriate path for you to take..
However, it might also be important for you to explore these feelings that you have with a competent therapist. Such a person might help you understand the roots of these feelings and may or may not help you overcome them. With a new perspective, you may just be interested in raising a family. And again, you may not. One way or another, if you are not interested in having children, then you are certainly doing any unborn child yourself a favor by remaining careful and living responsibly. Many people find fulfillment and satisfaction in life in ways other than raising children. Volunteering, teaching, donating resources and time and effort, etc. I wish you much luck in the future.
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Question: Is there a value to attending daily organized prayer groups (minyans) [quorum of 10] at a synagogue or temple if we don’t feel like we are connecting to structured prayer?
You are not alone in asking this question. Many struggle with trying to find meaning and inspiration in the formulated prayers and in the formal structures like minyan and synagogue attendance. There have been many attempts throughout Jewish history for those who sought greater inspiration and meaning—many within the traditional framework and many without.
The simple answer to your question is “Yes,” there is value to attending a daily organized service even though you are feeling alienated.
Why?
There is a halakhic (Jewish law) obligation to do so. Prayer, from a traditional perspective, operated on two levels. It is a religious obligation that prescribes what, where, when, and how to pray. It is known as avodah she-ba-lev, service of the heart, but it is an avodah, a duty and responsibility. But prayer is also a spiritual, mystical experience, the prayer not of the lips, but, as Rav Kook suggested, the prayer of the soul. That requires inspiration. Jewish prayer finds its ultimate expression when the two are merged.
Like any skill, practice and experience help bring us closer to perfection and appreciation. Why is the minyan so alienating? Perhaps it’s a problem with the minyan you are attending and you should try others. Perhaps it's that you haven’t yet learned the rhythms and patterns of communal prayer and, with more investment of time, energy, and learning, you will find meaning, purpose, and understanding.
Jewish prayer is fundamentally tefillah ba-tzibbur, communal prayer. We pray as part of a collective for the needs of the community. While prayer can be and needs to be personally meaningful, it should not be selfish. Praying with a group reminds us of that.
There are prayers—the most important ones—that we cannot recite privately: kaddish, kedushah, Torah reading. These are experiences and opportunities that we should not sacrifice.
There are times throughout communal prayers that we have opportunities for private reflection, petition, and gratitude. Seek them out and take advantage of them.
Jewish life is not solitary. It is about community. Connecting with the other members of the community for a sacred purpose binds us together is special, unique, and holy ways.
There is no reason you cannot do both. Pray with the minyan. And find opportunities to pray—daily blessings, recitation of Psalms, Torah study, etc.—that speak to you personally.
These are just a few approaches to your question. I welcome you to the group of us that yearns and seeks for a meaningful prayer experience. Some of us are blessed with the divine connection daily. Others at solitary moments in our lives. King David wrote in Psalms 27, “Hope in the Lord, Strengthen your heart, and Hope in the Lord.” The Midrash explains that “Hope” hear means prayer. David tells us to pray, and if we feel unanswered or uninspired, strengthen ourselves, and pray again. Perhaps the best prayers are in the attempt to pray and the desire to pray. There is reward in that as well!
Rabbi Mark Dratch
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Question: Do you think it’s important to give the Haredi fanatics a different name and not call them “Haredim” or “ultra-Orthodox?” Those names imply they are extra observant and pious, which clearly they are not. Wouldn’t this also help differentiate between the fanatics and more moderate Haredim?
In theory I agree with your sentiments. In fact, the chareidi press is referring to them as "kana'im" (fanatics) and "sikrikim" (after the Sacarii fanatics of the late Second Temple period). However, "a rose by any other name..." Our opinion here won't have much of an impact on this small group that is giving the majority of chareidim a bad name. The best any of us can do--and must do!--is to express our opinions clearly and loudly in order to educate others to understand what we believe Judaism and Torah really stand for.
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Question: Where does Hoshana Rabba come from? What are its traditions? Why do we celebrate it?
Hoshana Rabbah is the seventh and last day of Sukkot. Although it is not mentioned in the bible, it gets its name because more hoshanot (Hosannas) are recited on this day than all the previous days of the holiday. On Hoshana Rabbah we perform an ancient custom which dates back to the days of the biblical prophets, the beating of the aravah, willow branch. It is considered a day of judgment, the final one in the High Holiday season, and thus the cantor wears a white kittel (robe) and extra petitionary prayers are added to the service. In the morning services of Hoshanna Rabbah, following Musaf (and some places after hallel) the hoshanot are recited as the congregation marches around the bima seven times, after which comes the beating of the aravah, willow branch. The aravahs are beaten against the floor five times.
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Question: Please can you help me understand the modern meaning of the word 'chayav' (to be guilty of a transgression / to owe someone something) and give examples. Can you tell me whether such a word appears in the Tanakh (Bible)?
Chayyav is a term we find in rabbinic literature that indicates a debt or an obligation created as a consequence of sin. While it technically refers to the obligation to bring a sin offering in the Jerusalem Temple, it is often used to indicate the violation of a religious or a social norm. For traditional Jews who accept the binding nature of Torah and mitzvot, to be chayyav today requires teshuvah, the traditional steps of repentance: recognition of the sin, contrition, appeasement, and confession. It would apply to all acts, ritual, ethical, and interpersonal. For liberal Jews who do not accept the binding nature of mitzvot, it might serve as a stimulus for introspection and reflection about their expression of Jewishness.
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Question: Kosher is kosher. But is there a moral or ethical problem with eating a kosher food that very closely resembles a non-kosher food? What about the issue of “marat ayin?”
The Talmud, Chullin 109b teaches us that Yalta, her husband, once said to R. Nachman: “Observe, for everything that the Divine Law has forbidden us it has permitted us an equivalent: it has forbidden us blood but it has permitted us liver …; it has forbidden us the fat of cattle but it has permitted us the fat of wild beasts; it has forbidden us pork but it has permitted us the brain of the shibbuta (a kind of fish the brain of which has the same taste as swine's flesh; according to some it is the mullet, according to others the sturgeon); it has forbidden us the girutha (a forbidden bird), but it has permitted us the tongue of fish (which has the taste of girutha);… I wish to eat flesh in milk, where is its equivalent?” Thereupon R. Nachman said to the butchers, “Give her roasted udders.”
I do not believe that there is a moral issue here. The Torah’s prohibition is against eating certain foods, not against their tastes. According to most, there is nothing intrinsically wrong or evil with these forbidden items; they are restricted by divine decree for God’s own reasons. (Those more mystically inclined will disagree with this, maintaining that nonkosher foods contaminate the soul. Nevertheless, permitted foods of exotic flavors would not have the same impact.) In fact, the Midrash explains that a person should not say, “I can’t eat pork, it disgusts me. Rather that person should say, “I’d love to eat it, but what can I do, the Torah prohibits it.”
As we see, there is a long tradition of living within the law yet experiencing the fullness of the world—and maybe that’s the idea. Over the years, we have developed non-dairy milk, non-meat meat, vegetarian liver, fake shrimp, pareve margarine, etc. In order to overcome the marit ayin (suspicion) issue, the Sages require that some sort of distinguishing sign be present when we eat these things. The SHulchan Arukh rules that when consuming pareve almond juice (looks like milk) along with meat, that there be almonds on the table. When pareve margarine or creamer were first used, rabbis insisted that they be served in their original wrappers and containers. These foods are now so widespread that there are no suspicions when seeing someone use them.
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Question: What are the Jewish laws regarding respect and treatment of one's siblings?
The Talmud, Ketubot 103a, teaches that the commandment to honor one’s parents includes the obligation to respect one’s elder brother. Ramban (commentary on Maimonides' Sefer Hamitzvot, klal 2) maintains that this is a biblical obligation. Rambam (Maimonides, Laws of Mamrim 6:15) maintains that it is rabbinic in nature. Many authorities maintain that the obligation extends to one’s elder sister as well. This is based on the Talmudic account, Avodah Zarah 17a, of the great sage Ulla who, as a sign of respect, would kiss his elder sisters' hands when they would leave the synagogue.
Certainly demands of shalom bayit, harmonious family relations, calls for mutual respect between all siblings, and respect for parents demands that we abide by their wishes to treat our siblings properly.
Furthermore, our brothers and sisters deserve no less than would be do a friend or a stranger which is to be treated with kevod haberiyot, dignity Consider the Midrash, Tanna de-vei Eliyahu, parasha 26 teaches, “Thus said the Holy One, blessed be He, to Israel, ‘My children, have I made you lack anything? What do I want of you? Only that you love each other, honor each other, and respect each other; that there be not found among you neither sin nor theft nor anything ugly; that you never become base. As it is said, “It has been told to you, O Man, what is good; and what the Lord requires of you, but to do justice, and the love of mercy, and to walk humbly with your God” (Micah 6:8)’.”
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Question: If a person advanced money for the care of his mother [parent], can he then say that he wants the whole sum returned, and not agree to be part of a 4 way division of the estate to the four siblings? This would effectively mean that he would not contribute at all towards the costs of the care of his mother, because he is charging his siblings for the cash he forwarded to the estate to pay for the care of his mother. Is that money he does not pay considered interest, and would it be excessive usury (25%) and not allowed? What do Jewish values say about this situation?
CLARIFICATION:
This is the fuller scenario: My mother a'h' was hospitalized and then sent to a nursing home where we supplied extra aides for the night shift to watch her. It was very costly. I suggested to my 3 siblings that we should sell my mothers house, or take out a mortgage or an equity loan or a reverse mortgage on her home to cover these costs. My brother said no, he would not do that. I pointed out that our mother had a house, social security, some other money, and a rental income from a lease on the first floor of the home, so no one should be responsible to pay from their pocket for her care because she has income and can afford it herself. He (on his own) decided to shell out the cost of her care from his own pocket, rather than take it out of the value of the property. The total bill for expenditure that he gave out from 2004 till 2008 was $300,000 for aides in the home. Now skip to the present. Mother died in 2008. It turns out that my brother had been given a power of attorney over the property, though he did not tell us this.
We want to settle the estate. We finally sold the house. He wants the whole sum of money he shelled out paid back to him, before we settle. The result would be that he would not pay his one-fourth share of the $300,000 costs ($300,000 divided by 4=$75,000). He refuses to accept anything less than the $300,000 amount because he shelled out the total amount, and now he says he is exempt from paying his share for the care of my mother. In other words, effectively, he is charging the estate $75,000 dollars for the use of his money, or a fee of one-fourth (25%). Is this legitimate per Jewish law (Halachah)?
I’m sorry to hear of your loss and of the difficulties and disagreements that have ensued.
There are a number of factors that need to be considered and balanced in addressing this situation.
Whose obligation was it to pay for your mother’s health care expenses?
Technically, while children have an obligation to honor a parent and to provide for that parent’s needs, the financial burden—if possible—is mi-shel av, payable from the parent’s assets (Talmud, Kiddushin 32a; Shulchan Arukh, Yoreh De’ah 240:5).Thus, if asked at the time, I believe Jewish law would have agreed to the original arrangements that you proposed.And, if that were to have happened, the estate would have consisted of whatever funds remained after those expenses had been met. (Thus, all of you would “be out” your 25% and none of you would have assumed financial responsibility.)
Is your brother eligible for reimbursement from the estate?
From the way I understand your description of the circumstances, your brother unilaterally undertook a personal obligation to pay the expenses, and there was no understanding on your mother’s part or on the parts of you and your siblings to reimburse him.As such, even if his intent at the time was to be reimbursed, devarim she-ba-lev einam devarim (mental reservations or conditions that are not stipulated at the time of a contract) are generally not binding and have no legal force (Shulchan Arukh, Choshen Mishpat 207:4).Especially in this case, when your brother explicitly expressed that he did not want your mother’s assets used for her health care.Accordingly, it appears that he is not entitled to make a claim against the estate.
What is the status of the assets now?
According to Jewish law, inheritance occurs automatically at the time of the parent’s death.As such, your share is yours according to Jewish law and anyone who appropriates it without your consent would be guilty of theft.
The matter is much more complicated legally, economically, emotionally, and familially, but I believe these answers outline the basic approach to the technical issues.
Rabbi Mark Dratch
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Question: What do you do when work ethics conflicts with social responsibility?
What do you do when work ethics conflicts with social responsibility?
The issue is an important one and is debated by business ethicists in such guises as the clash between corporate stakeholders benefits and social and environmental responsibility. One of the bases of capitalism, some suggest, is that there is ultimately no contradiction between the pursuit of personal interest and the general welfare. Experience has shown us, however, that conflicts in these areas do exist and that ethically sensitive people struggle all of the time with contradictory and seemingly incompatible demands.
But work ethics is also part of social responsibility. Contracts need to be faithfully fulfilled, workers need to work honestly, and employers need to treat their employees fairly. In fact, Jewish law curtails a worker’s right to fulfill certain religious obligations if it interferes with his or her work obligations. A worker’s time is no his/her own. And Rabbi Israel Salanter commented that the religious demands on a business person are much more detailed, far reaching, and onerous (an entire one-fourth of the Shulhan Arukh (Code of Law), Hoshen Mishpat), than the few chapters that detail the intricacies of ritual slaughter.
At the same time, Jewish law does not allow us to be so self absorbed that we ignore the needs and welfare of others. Known as middat Sedom (the trait of the wicked city of Sodom), it implies an economic, religious, and social narcissism that ignores the needs and welfare of others.
What is the proper balance? It is impossible to give theoretical guidelines as the possible resolutions will depend so much on the nature, importance, and significance of the issues involved.
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Question: Are we, the Jewish people, doing enough to help the aging population of Holocaust survivors?
Are we, the Jewish people, doing enough to help the aging population of Holocaust survivors?
The Torah admonishes us to pay careful attention to the needs of those who are disadvantaged socially, economically, physically, and emotionally (widows, strangers, the poor, etc.). Certainly we have a duty to empathize and care for those who suffered at the hands of the Nazis because they were Jews. Many organizations, social service agencies, and community groups have made it their priority to pay attention to this special group within our community. Unfortunately, there are also stories of fraud and misappropriation of funds that were designated for them. The obligation of charity is defined in the Torah (Deut. 15:7-8), “If there be among you a poor person within any of your gates in your land which the Lord your God gives you, you shall not harden your heart, nor shut your hand from your poor relative: But you shall open your hand wide unto them, and shall surely lend them dei mach-soro -- sufficient for their need--in that which they want.” The Torah sets our obligation as dei mech-saro, compensating for everything they are lacking. This is a tall order. And with the many demands for charitable dollars for schools, shuls, social concerns, medical needs, etc., it is impossible to meet everyone’s needs to the extent they need or want us to. We can always do a better job identifying the needs of survivors and do a better job responsibly allocating the resources we have.
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Question: What does the Torah say about personal injury?
It is forbidden to harm oneself (Talmud, Baba Kama 90a). We are considered to be stewards for our bodies—they belong to God—and any harm or defacement is prohibited. That being said, most people who engage in self harming behaviors like cutting are in emotional and psychological pain. It is simply not enough to tell them that the activity is prohibited. There are significant issues that must be addressed by a competent therapist. And that’s a mitzvah too!
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Question: Tea Party adherents claim global warming is a myth. As politicians spread such lies, and during an election year when odds are likely that Republicans will gain ground in Congress, the danger that fewer government programs will be put in place to combat climate change becomes more and more real. As Jews, how can we help to share scientific truths about global warming and continue to do our duty to repair the world?
Your question is so laden with political bias that I cannot answer it directly.Clearly, we have an obligation to evaluate scientific matters in unbiased ways and then to respond accordingly.
Although Adam was given the earth “to fill and conquer” (Gen.1), he was also mandated to “work and protect” the Garden of Eden (Gen. 2).The biblical prohibition of bal tashchit proscribes any wanton destruction of natural resources.And good old common sense (sevara also creates biblical mandates) teaches that we ought to take care of our environment…this is the only (physical) world we have.What are our obligations?To live sensitively and responsibly.To educate and motivate others to do the same.To engage in the political process in order to help shape legislation in the manner we believe is consistent with the best of science and the best of our Torah’s teachings.
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Question: I am a nurse working 12 hr. shifts at night. When I began my current job my hiring boss allowed me to work 8 hr. nights on Saturday night, then two twelve hour nights Sunday and Monday. So I was always able to observe Shabbat because I didn't have to work until 11pm on Saturday night. Then that manager retired. Since then the eight hour shifts were eliminated. I must be off Tues. nights to prepare for lessons on Wednesday nights as I teach Hebrew school on Wednesdays. I requested to be off Tues, Weds, Fri, Sat. I was told I could have either Fri night or Sat. night off but not both. Since I am a nurse- and sick people don't take "time off", then as another Jewish friend reassures me, am I doing "divine work?" I happen to be Reform. I chose Fridays off so I can usher in Shabbat, but have to be at work by 6 pm on Saturday. What does Judaism say about this situation?
Your struggle is a noble one as it is based on a serious commitment to both your relationship with God and your sense of obligation to others. In fact, saving the lives of others is a divine command (“Do not stand idly by the blood of your neighbor” (Lev. 19) and takes priority over almost all other commandments: “‘And you shall live by them (Lev. 18)” and not die by them. (Talmud, Yoma 85b)” The exceptions to this rule are idolatry, murder, and forbidden sexual relations, all which require martyrdom. Many observant healthcare providers tend to patients on Shabbat and it is not considered Sabbath desecration. Nevertheless, the devil is in the details. One is permitted to perform all otherwise prohibited activities in life-threatening emergencies. In non-life threatening circumstances, not all restrictions are waived. There is much literature on the nuanced details of these practices.
Nevertheless, it may not be necessary to put yourself into this situation altogether. It is not clear to me why you need Tuesday nights to prepare your Wednesday night lessons. There must be other times during the week to prepare for your class. And if that is the case, and you are therefore able to work Tuesdays and have both Fridays and Saturdays off, that is certainly preferable.
Good luck.
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Question: In the past few decades, there have been more concerns about over-population and the risks it brings to the environment and people. When I raised such a concern to a friend (also Jewish) of mine, he accused me of not trusting in G-d. My concern is that having too many children reduces the standard of living for everyone and ruins the gifts G-d has given us. Where is the balance between "be fruitful and multiply" and protecting our world as well as the people in it? Does adoption fulfill the mitzvah of multiplying?
While Jewish faith and tradition encourage us to have bitachon—trust and faith in God and in Divine Providence and protection—this does not mean that we are free from any and all personal responsibility for our actions and their consequences. Mussar authorities wrote often of the tension and balance between bitachon (trust in God) and hishtadlut (human initiative). The famous dictum, “ein somkhin al ha-nes”, that we are not to rely on miracles, bids us to do first all that is humanly and personally possible and only then to trust in God. That's why Noah built such a big ark--even though it was too small to house all the animals (see commentary of Nachmanides), and that is why the Midrash claims that following the exodus from Egypt Nachshon ben Aminadav jumped into the Reed Sea and proceeded until he almost drowned before God split it for the Israelites.
However, concerns about children affecting “standard of living” and “ruining God’s gifts” need to be evaluated. If standard of living means less luxuries, less vacations, and less discretionary income, then it is important to weigh “standard of living” against the gifts of life, family, the future of the Jewish people, its values and its mission. Standard of living would need to be weighed against the divine mandate to be fruitful and multiply, and the demographic, political, religious and sociological future of the Jewish people which suffers from Negative Population Growth.
Concerns about overpopulation, food shortages, pollution, etc., are more significant. Concerns about the high costs of Jewish education and life in general that make supporting large families economically impossible (not merely inconvenient) are important considerations as well. But in addition to curbing reproduction, might we not invest our intellectual capital and creative resources in developing the technological wherewithal and the economic infrastructure so that we can live more responsibly and productively on this planet while, at the same time, producing “nice Jewish families”?
Adoption is certainly a valid option and, according to Rabbi Joseph Soloveitchik, does fulfill the mandate of procreation. He cites the Talmudic statement, “Whoever brings up an orphan in his home, Scripture considers it as though he had begotten him.” (Sanhedrin 19b, Megillah 19a).
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Question: I have lived as an Orthodox Jew for the past 20 years, and while I love the frum (observant) community and lifestyle, I have no desire to have children. I find them annoying. If I let my feelings be known in the community I won't get set up on dates. Why am I being forced to lie about liking kids? What should I do?
Thanks for your question. Such a question requires a much more personal response: knowing you, your situation, your age, your concerns, your history, etc. It would be easy to say that there is a mitzvah of pru u-revu (to be fruitful and multiply) and ask you to submit to the biblical commandment regardless of your personal feelings. But that is too simplistic. A person who is unable or unfit or unwilling to be a parent probably should not be; the safety and welfare of innocent lives are at stake. But as for dating—if your potential partner is interested in having children, of what benefit is there in going out for the purpose of marriage…it can lead nowhere and be personally and emotionally taxing on you and your dates. I am sure that there are others out there who share your feelings. Keep looking and good luck.
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Question: We were once strangers in a strange land, but what does Judaism have to say about the U.S.'s immigration policies? Is the recent Arizona law in keeping with Jewish views?
While the Torah calls on us to be kind and compassionate to strangers, Jewish law does not require us to endanger our physical or financial security when doing so. Shulhan Arukh, Hoshen Mishpat 156:7 records restrictions that municipalities were authorized to establish in order to keep aliens from undermining their economic welfare or from increasing the tax burden to unsustainable proportions. Jewish law recognizes the right of every jurisdiction to control its borders and to regulate immigration. The question then is: what is a fair and just immigration policy? How does a country balance its obligation to protect its citizens, its need to expand its economy (which immigration helps by increasing productivity, demans and skill base), and its duty to serve as a safe haven for persecuted and oppressed parties? This is the debate that the Arizona law should arouse in our country.
As for concerns about profiling—there is precedent in Jewish law for being wary of a person based on his/her suspicious behavior. Tractate Derekh Eretz instructs us to respect but suspect (Pirke ben Azai, ch. 3). Rabbi Elazar instructed how to intuit a person’s possible illicit behavior through observation and information gathering (Talmud, Baba Metzi’a 83b).
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Question: The Torah and Midrashim tell us stories of Jewish fighters defending themselves and the Jewish people. What do contemporary Rabbis say about self defense and gun control in the present?
“Shalom” (peace) is the ideal. The priestly blessing ends with its invocation, as do many of our major prayers like the Kaddish, for example. According to the Sages, the Torah was given in order to bring peace to the world (see Gittin 59b): “Her paths are paths of pleasantness and all her ways are peace” (Proverbs 3). Yet, Judaism is not a pacifistic religion. The Torah recognizes the unfortunate necessity of war and describes both obligatory and discretionary wars. Similarly, Jewish law mandates self defense: “if someone comes to kill you, arise early and kill him first” (Yoma 85b). And the law of “rodef” obligates one who witnesses another being attacked physically or sexually to intervene in order to save and protect the victim, using any and all force that is necessary(Sanhedrin 73a; Choshen Mishpat 425:1).
Regarding gun control: There are a number of factors to consider. Guns can be dangerous and Jewish law prohibits keeping dangerous objects like faulty ladders and vicious dogs in places where people may come to harm (Baba Kamma 15b, 79a; Choshen Mishpat 427, 409:3). Jewish law also prohibits selling weapons to those who are likely to use them for criminal behavior (Avodah Zarah 15b; Yoreh De’ah 151:5-6). And hunting for sport was dismissed as an activity which runs counter to Jewish values and morality (Orach Chaim 316:2; Responsa Noda be-Yehudah, tinyana, Yoreh De’ah 10). The Mishnah, Shabbat 63a, in discussing whether a person was permitted to carry weapons on the Sabbath records a debate: Rabbi Eliezer considered their transport permitted because they are considered to be ornaments for the one who bears them. “But the sages maintain they are merely shameful, for it is said, “and they shall beat their swords into plowshares, and their spears into pruning hooks: Nation shall not lift sword up against nation, neither shall they learn war anymore.”
Rabbi J. David Bliech, a professor of Jewish law at Yeshiva University wrote, “Jewish law recognizes that indiscriminate sale of weapons cannot fail to endanger the public. The daily newspaper confirms this deep-seated distrust far more often than is necessary. As the bearers of an ageless moral code, Jews ought to be in the vanguard of those seeking to impress upon our legislators that handguns are indeed ‘stumbling blocks’ which must not fall into the hands of the ‘blind.’ Criminals do commit crimes, and it is precisely because ‘morally blind’ criminals are disposed to crime that Judaism teaches that it is forbidden to provide them with the tools of their trade.”
However, the needs of self defense allowed for the possession and responsible use of firearms. In Israel today, many Jews, including observant ones, especially those living in Judea and Samaria, carry guns for self-protection.
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Question: Should a Jewish person cremate a Jewish spouse, if that is their desire?
Although there is an important halakhic principle that there is an obligation to follow the instructions of the deceased--“mitzvah le-kayem et divrei ha-met” (see, for example, Ketubot 70a, Gittin14a and 40a; Hoshen Mishpat 250 and 253), this ruling does not apply if fulfilling the deceased’s instructions would entail a violation of Jewish law (see, for example, Responsa Tashbetz, II, no. 53; Responsa Ketav Sofer, Yoreh Deah, no. 183). It was recently reported that in a new collection of halakhic opinions of the former Chief Sephardic Rabbi Ovadia Yosef (http://www.vosizneias.com/51249/2010/03/14/israel-rabbi-ovadia-do-not-honor-the-will-of-a-deceased-if-it-is-against-torah/) ruled explicitly against following the deceased’s instructions for cremation.
Based on the biblical verse, “you shall surely bury him” (Deut. 21:23), Jewish law and tradition requires the burial of a corpse. Furthermore, Shulhan Arukh, Yoreh De’ah 384:1 codifies the prohibition of cremation (see zResponsa Chelkat Ya’akov, 2:4). Historically, communities have refused burial of cremated ashes in their cemeteries (See Responsa Seridei Aish, II, 123-124; Responsa Melamed Le-ho’il, II, 113-114; and Gesher Ha-Chaim 1:16:9) and have withheld burial and mourning rites from those who have been cremated.
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Question: Is there a Jewish-specific perspective to the recent oil spill in the gulf? In general, what is the Jewish view on the importance of our environment? Are we obligated to respond - either financially, socially, or otherwise - in a manner different than non-Jews?
Responsibility to protect the environment is fundamental to Jewish thought and practice. At the beginning of human existence, Adam and Eve were placed in the Garden of Eden “to work it and to guard it” (Gen.2:15). Thus, although we are given the world and its resources to use for our benefit, we are enjoined to care for it as well. Beneficiaries of the divine gift of Creation, we are to value and cherish it. As partners with God in Creation, we are to nurture it and improve upon it. Wanton destruction of the environment and the ecology would be an affront to the Creator.
The principle of “bal tashchit,” the prohibition of wantonly destroying physical property, is derived from the biblical prohibition of destroying fruit trees during a siege (Deut. 20:19-20). Even though there seems to be human benefit in terms of winning a war and vanquishing an enemy, respect for nature and ensuring its long-term integrity are deemed, in the long run, to be more important.
The recent oil spill which continues to destroy the environment is the result of gross negligence by those responsible for building and operating the rig. It is a violation of nezikin, the biblical prohibition against causing material damage (See Ex. 21:28-36; 22:45 and the opening chapters of the Talmudic Tractate Baba Kama). The deaths of the eleven workers were the immediate result of the explosion; liability is undeniable. But the damage to the ecology, water, beaches and wildlife is indirect; it is not immediate. Is it then considered “gerama”, indirect damage, for which the tortfeasor is exempt? No. The damage caused by the oil can be located in the one of the four major category of damages knownas “eish” (fire), an injurious force that progresses from one place to another during its natural course. Thus, the owners and those who participated negligently in the construction and operation of the rig are liable for the harm they caused.
In addition, the Sages ruled that we have the responsibility to act prudently and carefully so as not to cause damage to another’s property. They legislated many precautions so as to protect the interests of others: distancing one’s oven from one’s neighbor’s home, not digging pits near a neighbor’s wall, and distancing the impact of smoke and odors that may drift from one property to the next.
While causing damages is a violation of Jewish law which prescribes the amount of compensation required, financial liability in this situation, even according to Halakhah, would follow the legal, civil and contractual obligations accepted by the parties in the jurisdiction in which they are operating. These types of matters (monetary and not ritual) are determined by “dina de-malkhuta” (the law of the land), “minhag sochrim” (common business practices), and any conditions mutually agreed upon by those involved. In this sense, the legislation of the Torah is only a default position which prescribes obligations absent any other agreement. However, the Torah’s laws in these kinds of cases also present a meta-legal perspective of what is good and just.
Jews and non-Jews share this world: we breathe the same air, drink the same water, and enjoy the same beaches. Despite the differnces in our religious obligations (613 mitzvot for Jews, sevencommandments for Noahides) none of us is more or less responsible than the other to protect the environment. Every Jew and every non-Jew—each a descendant of Adam and Eve who were commanded to protect the Garden—must share the responsibility "to work and to protect" our common Garden, the planet Earth.
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Question: Are there any limitations about having sex during marriage? Is it ok to use birth control?
The first part of the following answer is adapted from my chapter in JPS’s new book, “Jewish Choices, Jewish Voices: Sex and Intimacy,” Elliot Dorff and Danya Ruttenberg, eds.
Married couples are not just permitted to be intimate with each other, a husband is obligated to have sex with his wife—the mitzvah is called onah. (Based on Exodus 21:10; Hilkhot Ishut 14:7.) And while no biblical verse commands a wife to sleep with her husband, many suggest that it is intuitively part and parcel of the institution of marriage. There are two trends in classical Jewish thinking about sexual behavior. One of them is prudent and restrictive, limiting the frequency with which husbands and wives may be intimate and restricting the nature of sexual activities in which they may engage. (See Shulchan Arukh, Orach Chayyim 240.) The other trend is more liberal and permissive, allowing any form of sexual expression shared by husband and wife, so long as both parties consent and ejaculation occurs in the vaginal canal. (Talmud, Nedarim 20b) Nevertheless, the more permissive opinion also emphasizes modesty, respect, and restraint. (Shulchan Arukh, Even ha-Ezer 25:2).
The defining principles that govern all interpersonal interactions, especially sexual ones, include tzeniu’t (modesty), kedushah (holiness), derekh eretz (decency), kevod ha-beriyot (dignity), respect for tzelem Elohim (the image of God in which all humans are created), hesed (kindness), and ahavat re’im (neighborly love). These values are especially important in matters of love and sex. True love enhances the other’s self-esteem, dignity and feeling of self-worth, and sex is a significant expression of that love. In fact, these values complete the physical pleasures and satisfaction enjoyed through sexual intimacy, not only elevating them, but making them enduring.
Jewish law rules that people should engage in sexual relations willingly; it prohibits a husband to force his wife to have intercourse. “Rami b. Hama citing R. Assi further ruled: ‘A man is forbidden to compel his wife to the [marital] obligation, since it is said in Scripture: “Without consent the soul is not good; and he that hurries with his feet sins” (Proverbs 19:2)’. .( Eruvin 100b).” Ba’ailei ha-Nefesh, Sha’ar ha-Kedushah; Hilkhot De’ot5:4; Hilkhot Ishut 15:17; Shulchan Arukh, Even ha-Ezer 25:2. See Warren Goldstein, Defending the Human Spirit: Jewish Law’s Vision for a Moral Society (New York: Feldheim, 2006), 151–220.) And the bar for consent is set high. Even if a wife is not forced to participate in sexual activity, as long as she is not fully agreeable to intercourse, sexual relations are prohibited. (Rambam, Hilkhot Ishut15:17, rules, “[Her husband] should not coerce her [to have relations] when she does not desire to do so. Rather, [they should engage in intercourse only] when there is mutual desire and pleasure.” Masekhet Kallah Rabbati 1:11; Orach Chayyim 240 and Even ha-Ezer 25.) All of this means that if a husband or wife is interested in having sex, it is his or her responsibility to seduce the partner and earn consent. However, if these advances are rebuffed, they must be stopped. No means no.
Nonconsensual sex is rape, and Jewish law recognizes the concept of marital rape; a man may not force his wife to have intercourse. (See Dratch, Mark. "I Do? Consent and Coercion in Sexual Relations." R. Medoff, ed. Rav Chesed: Essays in Honor of Rabbi Dr. Haskel Lookstein. Jersey City, NJ: Ktav, 2009. 119-144.) The Talmud even labels some marital intercourse as anusah (rape) and eimah (coerced out of fear). (Nedarim 20b). An important medieval rabbinic authority rules that a wife should not be forced to have sex because “she is not a captive to be sexually ravished at her husband’s whim.” (Teshuvot Maharit I, 5).
Rev. Marie Fortune, Founder and Senior Analyst at the FaithTrust Institute, an international multi-faith organization that addresses issues of abuse in religious communities, observes that, “…acquiescence may pose as ‘consent,’ but it is not the same.” (Sexual Violence: The Sin Revisited (Cleveland, OH: The Pilgrim Press, 2005), 56.) In other words, a person may engage in “altruistic” sex—sex just to keep a partner satisfied. When agreeing to sex for altruistic motives, we are not coerced, we just have a desire to maintain shalom bayit (an agreeable relationship) or to avoid a fight. This situation is certainly not ideal, but it is real, and as long as it does not reflect the totality of a couple’s sexual relationship, such accommodation may be necessary for the relationship’s long-term health.
So, on a given evening, if one partner wants to have sex and the other does not, does the disinterested partner have an obligation to acquiesce to the sexual needs of the other? I would say yes, as long as this is not a defining issue in their relationship and as long as that partner does not have serious objections to having sex that particular evening. People marry for many reasons; having sex is one of them. They have, according to Jewish law, a commitment to have sex and a reasonable expectation that they and their partner will engage in sexual activity.
As for birth control, this complicated topic is dealt with at length in David Feldman’s “Birth Control in Jewish Law: Marital Relations, Contraception, and Abortion As Set Forth in the Classic Texts of Jewish Law” (Jason Aronson, 1998). The bottom line is that while traditional Jewish law frowns on birth control—there is a mitzvah to be fruitful and multiply—many authorities do permit it when health and economic issues are significant factors. The method of birth control is also a significant issue. Anything that involves abortion (unless the mother’s life is endangered) or hashchatat zera le-vatalah (wasting seed) is prohibited. Therefore, condoms are not permitted; birth control pills, diaphragms, IUDs, and spermicides are. Where there are significant concerns about transmitting infections and disease, condom use may be permitted (or even required). This space does not allow for a full exposition on this matter.
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Question: From a Jewish perspective, what level of personal honesty is required for a job interview and application? For example, if they ask you “have you ever taken drugs?" and I tried them once in college, do I have to admit to this?
"A life of truth and justice should necessarily be more acceptable even if it might appear less profitable than one of falsehood and wickedness, as the Sages said in the Book of Proverbs, 'Buy the truth and sell it not' (23:23). Know that these qualities constitute the ornaments of the soul which endow the body with strength, confidence, and permanence."
So wrote Rambam in his Letter of Moral Instruction to his son, Abraham. And so defines the lives of moral decency and integrity which we should strive to live. The Torah is clear in its expectations: "You shall not bear false witness" (Exodus 20:13), "Keep far from a false matter" (Exodus 23:7), and "Neither shall you deal falsely nor lie to one another" (Leviticus 19:11). Rabban Shimon b. Gamliel, in Pirkei Avot 1:18, ranked the truth, along with peace and justice, as one of the fundamental principles of society; and the Midrash lists deception as the first of seven types of robbery. Deceiving another person tantamount to deceiving God. (For a general overview see my article, “Nothing But the Truth?" Judaism 37:2 (Spring 1988): 218-229.)
Easier said than done! Too often personal interests and selfish concerns get in the way, and deceit is all too often a tool in achieving personal gain and benefit. Deception can give us an unmerited advantage over those with whom we do business or with whom we deal throughout our day, making those dealings more profitable and advantageous. Anyone who deceives another by word or by action violates the proscription of geneivat da’at, which is, according to most authorities, a Torah prohibition. (Hilkhot De’ot 2:6; Hilkhot Mekhirah 18:1)
The source of the prohibition of geneivat da’at is either rooted in the verse, “You shall not steal” (Leviticus 19:11) or "Keep far from a false matter" (Exodus 23:7). Although, in the first instance, the stealing prohibition restricts illicit appropriation of money or property from another, since the Torah formulates it in the plural, lo tignovu, it is understood to include constraints on fraud and deception as well. This prohibition applies universally, without discrimination, making no difference whether the deceived is a Jew or a non-Jew. In fact, deceiving a non-Jew or a nonobservant Jew may raise an additional concern of Hillul Hashem, desecration of God’s Name. (See my article on Hillul Hashem at http://www.jsafe.org/pdfs/Hillul_Hashem.pdf.
When deceit is employed in the conduct of business, in addition to the geneivat da’at injunction, a deceiver may also violate the prohibitions against theft and ona’ah, “You shall not defraud one another” (Lev. 25:17). The prohibition of fraud maintains when a merchant overcharges for the merchandise he sells or when he misrepresents the quality or the nature of those products. (Bach to Hoshen Mishpat 228; Sema, no. 7; Responsa Rivash, no. 403.) Therefore, Jewish law requires a merchant to inform his customers of hidden flaws and imperfections in the merchandise that he is selling. (Hil. Mekhirah chapter 8; Hoshen Mishpat 228:6.) Likewise, he may not improve the cosmetics of older, used merchandise if his intention is to mislead the purchaser by giving the product a newer appearance. (Hoshen Mishpat 228:9.) This prohibition applies even when there is no financial loss to the consumer. And misrepresenting the quality or nature of a product is forbidden, even if sold at a fair price.
Not all of the restrictions are absolute. There are circumstances when deception is permitted—and even mandated. For example, if the deceiver’s intention is not to acquire personal benefit, but is, rather, to show honor and respect to another person, deception is permitted. Additionally, geneivat da'at, does not apply when the other person deceives himself; one is not necessarily obligated to correct a misimpression. (Hullin 94b. See Aaron Levine, “False Goodwill and Halakha,” Tradition 34:1, Spring, 2000.) The criterion is simple: what is it that a reasonable person would expect? If a customer’s mistaken assumption is in opposition to what is most reasonable, then there is an obligation for the merchant to correct his misimpression and to tell him the unvarnished truth. (Tosafot, Hullin 94b, s.v., inhu de-ka matu anafshaihu. See also Aaron Levine, Case Studies in Jewish Business Ethics (New York: Yeshiva University Press/Ktav Publishing House, 2000), pp. 21-22, 38-39, 120-121.)
One may also engage in otherwise forbidden deceit if one’s intention is to neutralize an unwarranted or unfair prejudice. For example, a man whose hair is grey and who is fearful that this may be detrimental in obtaining employment, may dye his beard in order to make himself appear younger. This is only allowable only if the individual is young enough and able enough to perform the required work, otherwise it is forbidden. (See Levine, Case Studies, p. 330.)
If the deceived should have known or could have reasonably known the true facts of the situation and either deceives himself or does not make the effort to discover the truth, it is not the responsibility of the second party to set him straight. It is considered as if he deceived himself. In addition, all of this applies only when the second party has a right to know the information. Business negotiations often depend upon one party having superior information to the other. Withholding such information is not necessarily deemed to be deceptive; it is only forbidden when the second party has a right to know what the first party knows and geneivat da’at obtains only when the information that is shared misrepresents the product or the facts. Therefore, lying explicitly when asked about prior drug use—if such questioning is legal in the first place—is a violation of the geneivat da’at prohibition; one must answer truthfully. Certainly one can explain the circumstances of the situation, one's further track record, any regrets, etc. But if you inhaled...
It is interesting to note that Rambam records the laws of geneivat da’at in two separate places in his code of Jewish law, Mishneh Torah. The first, in Hilkhot De’ot 2:6:
It is forbidden to accustom oneself to smooth speech and flatteries. One must not say one thing and mean another. Inward and outward self should correspond; only what we have in mind should we utter with the mouth. We must deceive no one, not even an idolater... even a single word of flattery or deception is forbidden. A person should always cherish truthful speech, an upright spirit, and a pure heart freed of all pretense and cunning.
And the second is found in Hilkhot Mekhirah, the section on business laws, 18:1, “It is forbidden to swindle anyone in business or to deceive them.” Why did Rambam separate these two paragraphs? Why did he need to mention this prohibition twice? Rabbi Aharon Lichtenstein suggested that the purpose of Hilkhot Mekhirah is to teach us how a community is to be structured and addresses itself to how its members should interact within it. Hilkhot De’ot is addressed directly to the individuals themselves and is concerned about their moral integrity and welfare, and the impact of deceit on their own spiritual personalities.
And so, geneivat da’at and ona’at devarim have a double negative result. They harm others, obstructing the smooth functioning of social and business discourse. But they also damage the individual him/herself, significantly harming his/her own spiritual and moral wellbeing.
In Leon D. Stiskin, Letters of Maimonides (New York: Yeshiva University Press, 1977), pp. 145-6.
Mikhilta, Mishpatim, parasha 13.
Tosefta, Baba Kama ch. 7.
Hilkhot De’ot 2:6; Hilkhot Mekhirah 18:1; Sha’arei Teshuvah of Rabbeinu Yonah, sha’ar 3, 184. Some authorities, however, maintain that deception is prohibited rabbinically, see Semak 261; Bah, Hoshen Mishpat 228; Shulhan Arukh ha-Rav, Hilkhot Ona’ah 12.
Ritva to Hullin 94a.
Sha’arei Teshuvah, sha’ar III, no. 184.
Ritva to Hullin 94a (quoting Ba’alei Tosafot). See Encyclopedia Talmudit, VI, 225-231.
Ritva to Hullin 94a; Mordekhai to Baba Kama, ch. Ha-Gozel u-Ma’akhil, no. 158 citing Ravia”h; Rambam, Hil. De’ot 2:6; Hoshen Mishpat 228:6. Some limit the prohibition of deceiving a non-Jew to monetary matters, but not to gifts; others disagree and include gifts as well. See both opinions in Tosafot, Hullin 94b s.v., amar Abaye. Ramban and Rashba agree with the former opinion, as does Shakh to Yoreh De’ah 117, no. 13. Rabbeinu Tam, Rif, Semag, Tur and Rosh maintain the latter. Bah to Hoshen Mishpat 228, no. 7, posits that one may deceive a non-Jew with words.
See my article on Hillul Hashem at http://www.jsafe.org/pdfs/Hillul_Hashem.pdf.
Hil. Mekhirah 18:1; Hoshen Mishpat 228:8; Perishah to Hoshen Mishpat 228, no. 5.
Bah to Hoshen Mishpat 228; Sema, no. 7; Responsa Rivash, no. 403.
Hil. Mekhirah chapter 8; Hoshen Mishpat 228:6.
Hoshen Mishpat 228:9.
See Maharsha to Hullin 94a where he discusses the interdiction against selling shoes made from the hide of an animal that died of natural causes while claiming that they were made from the stronger hide of an animal that was slaughtered. He explains that seller violates geneivat da’at even if the shoes were sold at a fair price.
Hullin 94b. See Aaron Levine, “False Goodwill and Halakha,” Tradition 34:1, Spring, 2000.
Tosafot, Hullin 94b, s.v., inhu de-ka matu anafshaihu. See also Aaron Levine, Case Studies in Jewish Business Ethics (New York: Yeshiva University Press/Ktav Publishing House, 2000), pp. 21-22, 38-39, 120-121, "the seller's disclosure obligation consists not only of a duty not to mislead in an affirmative manner but also of a requirement to disabuse the customer of his reasonable misperception about the product."
Levine, Case Studies, p. 330.
Hullin 94b; Hoshen Mishpat 228:6; Responsa Maharit, II, Orah Hayyim, no. 8.
http://www.yu.edu/faculty/emayer/riets_notes/topics_pages/misc.htm
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