Coming Home- On Modern-Orthodoxy's move from the US to Israel

There was a time when, for the most part, America was the home of serious Modern-Orthodoxy. This was true both because institutions like Yeshiva University embodied Modern-Orthodoxy’s ideals, and was thriving, and because, beyond Yeshivat Har Etzion and Bar Ilan University, Israel lacked institutions that advocated living a serious halachic lifestyle while making use of the best that modernity has to offer. Some observers made the mistake of assuming that kippah-serugah world in Israel, led by rabbis from Yeshivat Merkaz HaRav, was modern, while failing to recognize that there was little connection to modernity beyond Zionism, and secular education.

Today the reality has changed. Yesterday, I attended the Tzohar Conference on Education, Community and Country,  in Yerushalyim. Tzohar is a rabbinical organization committed to making Judaism meaningful and accessible to all Israeli Jews, including women, chilonim, olim from the FSU and converts. As I attended four fascinating sessions, led by Roshei yeshiva, world-class scholars and leading educators, during which I wished I could clone myself so that I could attend other sessions that I was missing, I found myself wondering whether a program of this kind could be put on within an American Modern-Orthodox framework. How many Roshei Yeshiva at YU would participate in a conference like this? Which organization would put it on? Would many hundreds of people attend?

Tzohar is just one example. This week, Machon Herzog, which is connected to Yeshivat Har Etzion, is hosting their annual Tanach Yemei Iyun. Thousands of Jews will hear shiurim from some of the biggest talmidei and talmidot chachachmim in the field. Where is a program in the US that can rival the yemei iyun in size, scholarship and scope? I could also discuss many other examples of Modern-Orthodoxy’s shift to the shores of Israel, including women’s Torah learning at institutions like Matan and Nishmat, think-tank/advocacy by Beit Hillel, and scholarship coming from Bar-Ilan and Beit Morasha, but the point has been made.

Meanwhile, YU struggles to maintain a Modern-Orthodox identity, with few Roshei Yeshiva who fully identify with the Modern-Orthodox world, serious financial problems, a diminishing student-body and a slew of scandals and controversies. Organizations like the RCA, to whatever degree they represent Modern-Orthodoxy, are mostly irrelevant to the average Jew who is looking for leadership, education, and vision. While Rabbi Asher Lopatin seems to be trying to rebrand Yeshivat Chovevei Torah as modern rather than open orthodox, it remains to be seen whether he will be successful and whether YCT can become large enough and mainstream enough to make a real difference.

Does the shift from the US to Israel matter? For those who believe in Modern-Orthodoxy, I think it does. As much as some of us might wish to see an increase in American aliyah, the American Jewish community is, for the most part, staying put. Modern -Orthodox shuls and schools, particularly those outside of New York, struggle to find like-minded rabbeim and teachers. As American orthodoxy further splits, with moves to both the right and the left, those who feel comfortable in neither camp, will find themselves increasingly isolated. While aliyah is not an option for all of us, the shift of Modern-Orthodoxy to Israel’s shores is just another reason to think about where we belong, and what kind of options we wat our children to have.

Post by Pesach Sommer.

Possession is 10/10 of the Lords- A Torah perspective on ownership and control

This devar Torah is in memory of Herb Smilowitz z'l, who recently passed away. He was a humble and kind man, and a ba'al tzedaka and ba'al chessed of the highest order. Among other causes, Mr. Smilowitz was a big supporter of RIETS and Yeshivat Har Etzion (Gush). Although I did not know Mr. Smilowitz well, through his children, I met him a number of times. I was zocheh to hear some meaningful and powerful stories from his family, during the time I was menachem avel. Mr. Smilowitz had money, it did not have him. In a quiet and humble way, he used his wealth in the most Godly manner possible. Yehi Zichro Baruch.

Herb Smilowitz z'l surrounded by Rabbi Zevulun Charlap and Rabbi Mark Smilowitz

This might be the only time in history when a man had to be "tricked" into being honored.

It's one of the best known Rashis in the Torah

מה ענין שמיטה אצל הר סיני

What does Shemita have to do with Har Sinai?

This question is asked by Rashi on the first passuk in Parshas Behar

וַיְדַבֵּר יְהוָֹה אֶל־ מֹשֶׁה בְּהַר סִינַי לֵאמֹר

Unlike almost every time that HaShem speaks to Moshe, here, in introduction to the laws of Shemitah and Yovel, the Torah notes that it happened on Har Sinai. Why single out these mitzvos? Were all mitzvos not given at Har Sinai? To answer the question Rashi explains that just as Shemitah and all of its details were taught at Har Sinai, this also applies to all of the other mitzvos in the Torah.

What Rashi does not explain is why this mitzvah is singled out to teach this lesson. What is unique about Shemitah that it is chosen as an example?

Additionally, we see elsewhere that Shemitah is serious enough to lead to exile and other serious consequences when it is not followed. Why is this mitzvah singled out for such severe consequences?

By way of introduction, I will start with the second question first. The Ramban suggests that shemitah teaches us about the messianic era, which is represented by resting during the 7^th year. The Kli Yakkar suggests that Shemitah and Yovel are a re-creation of Har Sinai. To prove his point, he points to several allusions including the number 50 and the use of a shofar, which is referred to in both contexts as a "yovel". As we will see later on, there is no reason to suggest that these explanations are mutually exclusive.

To answer the first question, we need to look at some of the mitzvos that are mentioned in this parsha:

• Shemitah
• Yovel
• Freeing of an Eved Ivri by Yovel at the latest
• Ona'as mamon (limits on profits) as well as Ona'as Devarim (hurtful words)
• Prohibition to permanently sell a field or most homes in Israel
• Returning of field to their original owner by Yovel
• Prohibition on charging interest
• Prohibitions against mistreating an Eved Ivri
• Requirement to redeem a Jewish slave from a non-Jewish owner

If we look at the common denominator between these mitzvohs, we see that the Torah is focusing on ownership and property in parshas Behar. Despite the claims by different proponents of modern economic theory, the Torah's approach to property and ownership is neither capitalist or socialist. It is a unique system.

Bnei Yisrael have left Egypt. They were there long enough to become virtually identical to the Egyptians, both culturally and socially. Just as somewhat paradoxically an abused child runs the risk of becoming an abusive parent, and a captive runs the risk of experiencing Stockholm Syndrome, there was a very real risk that, with the gaining of independence and power, Bnei Yisrael would take an Egyptian view of possesions, particularly to ownership of slaves. It is not surprising that the Torah here uses the word פרך the very same word used to described how BY were enslaved, in discussing the prohibitions of mistreating an Eved Ivri. The Torah also talks of treating him as a תושב, another allusion to the slavery which took place in Egypt. Most telling are the words of HaShem כִּי־עֲבָדַי הֵם אֲשֶׁר־הוֹצֵאתִי אֹתָם מֵאֶרֶץ מִצְרָיִם. Do not think of your slaves as your own. All of you belong to me.

The other mitzvos listed above, also place strong limitations on ownership, from limiting profit, to prohibiting permanent sale of land and property, to prohibiting the charging of interest. What, in the name of Adam Smith is going on here?

After creating man, HaShem blesses them saying

וַיְבָרֶךְ אֹתָם אֱלֹהִים וַיֹּאמֶר לָהֶם אֱלֹהִים פְּרוּ וּרְבוּ וּמִלְאוּ אֶת־ הָאָרֶץ וְכִבְשֻׁהָ וּרְדוּ בִּדְגַת הַיָּם וּבְעוֹף הַשָּׁמַיִם וּבְכָל ־חַיָּה הָרֹמֶשֶׂת עַל־ הָאָרֶץ

Be fruitful, fill the land and be koveish it. What is the meaning of that word? Ordinarily, we translate it as conquer, but I think it could also mean something else here. Chazal speak of being koveish one's Yetzer HaRa. In that context, I would suggest it means more of channeling one's physicality, rather than conquering it. Here God is dealing with something inherent in man, and, I believe, particularly inherent in men. Man can be a conqueror. One who aims to control everything and everyone. A person who views the world in a binary way, saying "What's mine is mine and what's yours is yours" and "kochi v'otzem yadi". God is blessing us to view things differently. In the next passuk he says

וַיֹּאמֶר אֱלֹהִים הִנֵּה נָתַתִּי לָכֶם אֶת ־כָּל ־עֵשֶׂב ׀ זֹרֵעַ זֶרַע אֲשֶׁר עַל־פְּנֵי כָל ־הָאָרֶץ וְאֶת ־כָּל־ הָעֵץ אֲשֶׁר ־בּוֹ פְרִי־עֵץ זֹרֵעַ זָרַע לָכֶם יִהְיֶה לְאָכְלָה

Remember, says HaShem, I am the source of everything you have. Use it, but use it for a Divine purpose.

Now we can return to our original question, Why are these mitzvos specifically mentioned as coming from Har Sinai? If we think of what we know of Har Sinai, we begin to see an answer. Chazal say that by the giving of the Torah, Bnei Yisrael reached the level of Adam HaRishon before the sin. The goal of the Torah is for us to perfect ourselves and through our actions, the world. Although that level was inherently unsustainable at the time of Matan Torah, the Kli Yakar suggests that we receive a reminder of that goal through Shemitah, Yovel, and, I would add, the other mitzvos of this parsha. Moving over to the Ramban, these mitzvos are a reminder of the messianic era, the time when God's ideal world will be realized. Through a recognition of the limits of our ownership, we are reminded that we and all that we have, belong to HaShem, and that we should treat each other and make use of our possessions, in a way that shows we realize this. Our choice is to conquer and control the world, or to perfect it.

Post by Pesach Sommer.