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We liberal Jews are quite familiar with the b'rakhah known as "Shehechiyanu." It's our all-purpose blessing of thanksgiving. We recite it all the time, over almost every conceivable moment of personal and communal celebration. In fact, though, the tradition knows of (at least) three b'rakhot of thanksgiving, each one to be recited at specific momen…
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In this installment, we look at a t'shuvah (responsum) from 1948 by a leading Orthodox posek on the question of draft exemptions for Torah students. We doubt that his opinion would be popular among today's chareidim. Not surprisingly, we find his reasoning impeccable. Get the source sheet at www.freehofinstitute.org/podcast.…
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In Israel, as estimated 60,000 full-time students at chareidi (ultra-Orthodox) yeshivot are exempt from giyus (the draft). It's a bitterly contested issue, especially during a two-year war when the other segments of Israel's population have shouldered a heavy burden of military service. The chareidim justify the exemption for halakhic reasons (amon…
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At the moment of kiddushin, the inception of marriage, we recite the b'rakhah known as birkat eirusin, "the betrothal benediction." What does the text of that b'rakhah tell us about the nature of marriage according to the halakhah? Surprisingly - well, maybe not surprisingly - there's a machloket over that! Get the source sheet at www.freehofinstit…
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Do poskim rely upon the principle "great is human dignity" as an argument for making permanent and positive changes in halakhic observance? Not often... but sometimes they do. Here's an example of an Orthodox authority who uses the argument gadol k'vod hab'riyot to justify removing a well-known barrier to justice and equity in traditional practice.…
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In shiur ​#73, we saw that the exalted halakhic principle "great is human dignity" has historically played but a minor, limited role in practical halakhic decision making. This shiur considers a famous exception to that rule. Rabbi Moshe Isserles permitted a couple to violate the Rabbis' prohibition against holding weddings on Shabbat when postponi…
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It's a positive ("thou shalt") mitzvah to tell the story of our redemption from Egypt on seder night. So why do we not recite a b'rakhah, a blessing over Hagadah, the telling of the story? Many have asked this question, and many have offered answers. In this installment we consider some of those answers. And we may even suggest one of our own. Down…
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Are we entitled to do anything we wish to our bodies and our persons, even to the point of inflicting substantive harm upon ourselves, so long as our act does not damage others? Modern Western thought, especially in its libertarian variety, tends to answer "yes." Traditional Jewish thought, which is hardly libertarian, would answer "no," correct? W…
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If talmud torah k'neged kulam ("the study of Torah is equal in weight to all the other mitzvot combined"), then no wonder we recite a b'rakhah - or maybe more than one - for the act of Torah study. But - what do we recite? When ​precisely do we recite it? And over what sort of "Torah" do we recite it? So many questions... let's see if our texts can…
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Does the halakhah permit unions to strike, to walk off the job and to prevent nonunionized workers from replacing those on the picket line? It’s a machloket. Some authorities say that the Torah forbids workers to strike against employers and that there is a better way to resolve disputes over wages and working conditions. Others permit the strike a…
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How an outstanding 20th-century posek translates the ambiguities of the classical texts into a language that speaks to the economic realities of modern industrial society. The halakhah, he tells us, offers enthusiastic support for labor unionization even though those texts don't say so, at least not literally. Talk about "progressive halakhah" befo…
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Does Jewish law permit workers to organize into labor unions to help secure better pay, benefits, and working conditions? Does it permit those unions to go on strike or undertake other such actions to enforce achieve their demands? The answer to those questions is a definite – maybe. In this shiur, we’ll look at some texts that may give us some gui…
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"Throughout the eight days of Hanukkah / These lights are sacred / And we have no permission to make use of them / We may only look upon them..." That's part of the liturgy traditionally recited upon kindling the Hanukkah lights. But what does it mean to "make use" of the Hanukkah lights? Why are we not permitted to make use of them? And how do we …
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It's a mitzvah to rejoice on a festival. And what better way to rejoice than a se`udat yom tov, a festive meal? Does meat have to be on the menu? Many Orthodox Jews say "yes" and that they have the sources to prove it. We're here to say "no," and we've got sources, too. It's a machloket. And not to brag or anything, but we think that our argument i…
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Can you fulfill the mitzvah of n'tilat lulav on Sukkot with a lulav that is stolen? That is, if you use a stolen lulav, are you yotzei? Do you fulfill your requirement? After all, even if it's stolen, it's still a lulav! Or does the halakhah refuse to recognize the action on the grounds that you have fulfilled a mitzvah by way of a transgression ag…
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Who is the better person: the ba`al t'shuvah, the repentant sinner, or the tzadik gamur, the wholly righteous individual who has never sinned at all? ​You can argue it either way. And - are you surprised? - the tradition does argue it either way! Plus, there's an element of halakhah that rides on the decision, which is why we talk about it here.Dow…
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The Torah says we are to hear the sound of t`ru'ah on Rosh Hashanah. What's a t'ru`ah? Why must it be sounded by a ram's horn? And how many sounds are we supposed to hear - one? Nine? Thirty? Sixty? 100? So many questions - can we answer them in twelve minutes? ​We can try! ​ Download the source sheet at www.freehofinstitute.org/podcast…
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In 1846, the Reform rabbinical conference at Breslau annulled the observance of yom tov sheni shel galuyot, the second festival day traditionally observed by Jews living outside of Eretz Yisrael. How could they simply do away with such an ancient religious practice? Is there any halakhic justification for their action? As those Reform rabbis would …
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Why do many Jews outside of Eretz Yisrael turn every Biblically-ordained festival day (yom tov) into a two-day observance? What's the nature of that second day, especially since we no longer have any uncertainty about determining the months and the dates of the Jewish calendar? And why do progressive Jews dispense with the observance of yom tov she…
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Rabbi Yosef Caro, in his Shulhan Arukh, holds that a blind person may not be called up to the Torah. That ruling stirred a halakhist of the next generation, Rabbi Binyamin Selonik, to write a responsum that holds the opposite. Just your ordinary, run-of-the-mill halakhic mahloket - except that Rabbi Selonik himself was blind, a reality he emphasize…
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The leader of the prayer service - the shaliach tzibur - is traditionally considered our representative or emissary before God. So it's understandable that we want to appoint the very best person, or at least someone who is worthy for that job. Okay... but how do we define "worthy"? The first of a two-part series. Get the source sheet at www.freeho…
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For nearly a thousand years, students of the Mishneh Torah, Rambam's great code of halakhah, have sought to identify the Talmudic sources of his rulings. Sometimes, he appears to ​have no source whatsoever. When this happens, we have to ask: is Rambam just making this up? Is it permissible even for a great posek to derive a rule of halakhah on the …
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Progressive Jews have been writing new texts for the b'rakhot, the blessings or benedictions that form the core of our worship, for just about 200 years. There are lots of reasons for that, but our question here is whether we violate halakhah when we do it. Does Jewish law permit us to alter the text - the nusach - of a liturgical form that traditi…
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We ask that the congregation please rise... to observe a custom (minhag) that was created for a very specific reason. That reason disappeared over 1000 years ago. So what did the Jews do about that? You guessed it: they maintained the minhag and came up with new reasons for it. That in itself tells us something about the role of minhag in our relig…
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It's one of the most famous cases of suicide in all of Jewish literature. Saul, king of Israel, falls on his sword in order to avoid being taken alive and abused by the Philistines. Does this story serve as a precedent in support of physician-assisted suicide in cases of terminal illness? Some say yes. But (and you saw this coming, didn't you?) it'…
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At the Freehof Institute, we understand halakhah in its best sense not as a set of fixed rules but as a discourse, a language of thought and of argument that Jews utilize to study their sacred sources and determine just what they tell us when it comes to matters of sacred action. And we believe that language to be a flexible one, a process that can…
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In shiur #44, we saw that the halakhah prohibits g'neivat da`at, deceptive speech and conduct, behavior that creates a false impression in the mind of another. In this shiur we ask: are there exceptions to this isur, this prohibition? Is there any situation in which we are permitted to deceive? The Talmud clearly says "yes" - there are exceptions. …
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It's no surprise that the halakhah frowns upon deceptive behavior (g'neivat da`at). We are forbidden to act in such a way as to create a false impression in the minds of others, even when our action causes them no material loss, simply because deception in and of itself is a bad thing. But how bad is it? Are we always forbidden to deceive? Without …
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Avinu Malkeinu - it's one of the most dramatic and powerful moments in the High Holiday liturgy. "Traditional" congregations omit this dramatic and powerful prayer on Shabbat, while Reform congregations recite it. Who's right? Well, you'll never believe this, but... it's a machloket! The Jews disagree among themselves - imagine that! In this instal…
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It's almost 5784! This year, Rosh Hashanah falls on Shabbat, and Reform congregations will sound the shofar on that day. They do so because they observe only one day of the yom tov rather than the traditional two. They do so also because the halakhah supports their practice. Wait - what?? Doesn't the halakhah *prohibit* sounding the shofar on Shabb…
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In our previous installment, we saw how the Rabbis utilized the power of property confiscation (hefker beit din) as a way to repair inequities they perceived in the law of the Torah. In this shiur, we'll look at how that power enabled them to correct some glaring economic imbalances in the institution of marriage as the Torah defines it. In the pro…
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In our last installment, we looked at one way in which the Rabbis respond when they perceive that a mitzvah of the Torah or a rule of halakhah conflicts with accepted standards of ethics and justice: the way of story. The Rabbis, that is, create new narratives to offer context and explanation to the rule, showing that in fact it does not violate ou…
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How do we respond when we discover that a mitzvah of the Torah or a rule of halakhah conflicts with our sense of ethics and justice? For some, of course, that's not a problem at all: since the Torah is always right, our sense of ethics and justice must be wrong or distorted. We liberal and progressive Jews, of course, see things differently. And as…
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In theory, Jewish law judges must be ordained for that role. They must possess s'mikhah from a judge who is already ordained (samukh), forming a link in the teacher-to-student chain that stretches all the way back to Moses and Joshua. But s'mikhah, which could take place only in Eretz Yisrael, was discontinued some 1000 years ago (today's rabbinica…
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The official, codified halakhah says that we are obligated to eat matzah only one day, the first night of Pesach at the seder. But there's another tradition that understands the mitzvah of matzah to last for all seven days of the festival. This is no ordinary machloket among the Rabbis but a full-blown critique of the codified halakhah by scholars …
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We conclude out two-part series on birkat hashanim with a look at how one leading medieval sage makes a powerful argument in favor of allowing the Jews of all lands to pray for rain when they need it, during the rainy season in their countries. True, his argument was not accepted by the majority, but it sure makes sense to us. Download the source s…
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It's springtime! And we just stopped praying for rain in the t'filah, even though many of us live in places where we need the rain during this time of year. Why is that? Because the Jews in the entire Diaspora are required to behave as though they live in ancient Babylonia. Is there a fix for this? You bet there is, and it isn't our idea: some high…
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In this installment, we have some questions about the Four Questions. Like: are they really questions at all? And: are there really four of them? Join us for this look at one of everybody's favorite moments at the seder. Download the source sheet at www.freehofinstitute.org/learning, scroll down to the Twelve Minute Shiur. חג כשר ושמח!…
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The halakhah teaches that the practice of medicine (r'fu'ah) partakes of the mitzvah of pikuach nefesh, the saving of human life. That's a moral obligation that overrides virtually any other mitzvah that might get in the way. If so, is medical treatment compulsory? Does Jewish law mandate that we always follow the instructions of the physicians? Li…
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