Thursday 31 May 2007

Answer to Halachic Dilemma #1: Mishna at a Shivah


Originally published 5/31/07, 4:25 PM, Eastern Daylight Time
Question:
Given #1:
There is a Minhag to learn Mishna at a Shivah. One of the reasons given is that the words "Mishna" and "Neshama" have the same letters.

Given#2:
There is a prohibition for the "aveil" Mourner to learn Torah during the Shivah period.

Dielmma:
How can one teach Mishnah to the visitors [menachamin] as per #1 without violating #2?

Note: There are several possible approaches to resolving this conflict.
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Here is an elegant answer that came to me mostly through Divinely inspired serendipity.
The Mishnah on  Elu Megalchin (Mo'ed Qatan: 3) discusses Aveiluth. The Rambam's commentary on the last four Mishnayoth forgoes explaining these Mishnayoth, and proceeds to provide a form of "Kitzur Hilchoth Avieluth." Now, by avoiding "analytical learning" and focusing upon "halachah p'sukah" - the Rambam's commentary provides us with a combination of Mishnah learning with a permitted topic. This is because aveilim are permitted to learn Hilchoth Aveiluth.

If I had the power to implement this Minhag universally, I would suggest this: Study those last four Mishnayoth of Mo'ed Katan with the Commentary of the Rambam; thereby avoiding the conflict inherent in the two "givens" above. Plus, it will certainly raise awareness of an area of Halachah that is rarely learned in depth anyway.

When feasible, I bring photocopies of these Mishnayoth to the Shiva and use them as a text.

Sometimes, you can be "Yotzei yedei sheneihem" [fulfill both opinions] without having to bend over backwards.

Kol Tuv- Best Regards,
Rabbi Richard Wolpoe
RabbiRichWolpoe@Gmail.com

4 comments:

Rabbi Ben Hecht said...

Rabbi Wolpoe's suggestion is to be commended. The issue is not just learning at a Shiva house. The simple answer, in that case, would be to send the aveilim to the kitchen. The fact is that the learning of mishnayos is usually done between Mincha and Maariv which would be an inappropriate time to ask the aveilim to leave -- if there is any time that would be appropriate to ask the aveilim to leave. The fact is that people want to learn mishnayos l'zecher nishmat with the aveilime there - for a variety of reasons even if not really halachically proper. Rabbi Wolpoe's response deals with the entire scenario including the emotions involved and the desire for individuals to mark the meit with the aveilim.

RBH

Rabbi Richard Wolpoe said...

The common point about this post and the Frank Lloyd Wright post is that with a little extra effort you can have the best of BOTH worlds. I will post on that thread again.

Think of Avoth 2:1 look for Tifereth! [Glory, live a life that Glorifies God and oneself]

You can have it both ways with a little extra effort. When that extra effort gets to be super-human, then it cannot be realistically expected. We are only human. yet we can live on a higher level of humanity closer to divinity.

-RRW

Rabbi Ben Hecht said...

When one thinks about how an individual is affected by Torah and shows commitment to God through a commitment to Torah, it is often felt that this is predicated on the change of behaviour that emerges from the observance of Halacha. For example, I want to eat pork; the Torah prohibits me to do so; I show my commitment to Torah by refraining from eating pork eventhough I personally wish to do so. The sign of Torah is thus found in changed behaviour -- and there is some truth to this assertion. Yet there are also difficulties. Such a perspective also explains the move toward greater stringency. For if the only sign of commitment is reflected in how far one changes one's behaviour, we will always be looking for something to do that we do not want to do or something to not do that we want to do -- which then becomes something we don't want to do, etc.

In response to this perspective the Vilna Gaon is reported as saying that it is more difficult to eat properly on Erev Yom Kippur than fast on Yom Kippur. This is because one generally wishes to eat and, as such, it is harder to show commitment to God in eating as one wants to do this anyway. Yet there is a way to show such commitment. In fact there are strong indications that this indeed is the higher form of commitment.

It is within this perspective that I wish to add the following to this discussion. Perhaps it is not in the action that one shows commitment but in the commitment to the thought process. In other words, it is when one is actually doing something that one who does not consider Halacha is also doing -- but does so after investigating the sources and determining a halachic way to act in such manner -- that one is achieving the commitment to Torah that God seeks from us. I think this is in a certain way the concept to which Rabbi Wolpoe is referring in working out how one can learn with the aveilim.

Perhaps this entire topic is worthy of its own post(s) in the future.

RBH

Rabbi Richard Wolpoe said...

Agreed. Thought, kavannah, emotion, the experience of doing are-all components of the NISHMA aspect of the Na'aseh!

I am focused mroe upon the balance between the yin and the yang, yetzer hara vs. yetzer hatov.

I want that cup of coffee with cream in it. I have just eaten kosher meat. I am in conflict!

Resolution: I get a high quality pareve cremaeer substitute. I CAN have it both ways and keep the balance going.

This is similar to the thinking of Rav SR Hirsch in Torah im Derech Eretz. I would like to start a thread on an interesting concept
posited by Rav Shimon Schwb ZTL, re: this very idea. You will see that in his thinking, he wanted to get the best of both worlds.

There is a certain elegance and elevation when we can do bechol levovecha -engaing both Yetzer Tov AND Yetzer Horo in the process of living and observing.

Being a thinking Jew helps. A non-thinking Jew would either chuck the entire system of Torah Judaism OR go for mindless Chareidi observance eschewing this world entirely.

I think Hirsch and others reject both extremes and call upon us to be both fully human and fully spiritual in some kind of amalgam. I would guess that Rambam would probably consider this somehwat analogous o his shvil hazahav the Golden Mean.

Chatzi Lachem v'chatzi Lashem etc. etc.

Shabbat Shalom
RRW