Tag Archives: Ta’anit (Tractate)

An Honest Look at the Talmud

Earlier this week we discussed the necessity of the Talmud, and of an oral tradition in general, to Judaism. We presented an overview of the Talmud, and a brief description of its thousands of pages. And we admitted that, yes, there are some questionable verses in the Talmud (very few when considering the vastness of it). Here, we want to go through some of these, particularly those that are most popular on anti-Semitic websites and publications.

An illustration of Rabbi Akiva from the Mantua Haggadah of 1568

By far the most common is that the Talmud is racist or advocates for the destruction of gentiles. This is based on several anecdotes comparing non-Jews to animals, or the dictum of Rabbi Shimon bar Yochai that “the best of gentiles should be killed”. First of all, we have to be aware of the linguistic style of the Talmud, which often uses strong hyperbole that is not to be taken literally (more on this below). More importantly, we have to remember that these statements were made in a time where Jews were experiencing a tremendous amount of horrible persecution. Rabbi Shimon’s teacher, Rabbi Akiva was tortured to death by being flayed with iron combs. This is a man who never hurt anyone, who raised the status of women, sought to abolish servitude, preached that the most important law is “to love your fellow as yourself”, and taught that all men are made in God’s image (Avot 3:14). For no crime of his own, he was grotesquely slaughtered by the Romans. Rabbi Shimon himself had to hide from the Romans in a cave for 13 years with his son, subsisting off of nothing but carobs. The Jews in Sassanid Persia didn’t fare too much better. So, the anger and resentment of the Sages to their gentile oppressors sometimes come out in the pages of Talmud. Yet, the same Talmud insists “Before the throne of the Creator there is no difference between Jews and gentiles.” (TY Rosh Hashanah 57a). Moreover, a non-Jew who is righteous, and occupies himself with law and spirituality, is likened to a kohen gadol, the high priest (Bava Kamma 38a).

In fact, the contempt that the Sages sometimes had for gentiles is not simply because they were not Jewish, for we see that the Sages had the same contempt, if not more so, for certain other Jews! The Talmud (Pesachim 49b) warns never to marry an ‘am ha’aretz, an unlearned or non-religious Jew, and even compares such Jews to beasts. In the same way that gentiles are sometimes compared to animals, and in the same way Rabbi Shimon said they should “be killed”, Rabbi Shmuel said that the ‘am ha’aretz should be “torn like a fish”! Why such harsh words for other Jews? Because they, too, do not occupy themselves with moral development, with personal growth, or with the law. Therefore, they are more likely to be drawn to sin and immorality. (This sentiment is expressed even in the “New Testament”, where John 7:49 states that “the people who know not the law [‘am ha’aretz] are cursed.”) After all, the very purpose of man in this world “is to perfect himself”, as Rabbi Akiva taught (Tanchuma on Tazria 5), and how can one do so without study? Still, the Sages conclude (Avot d’Rabbi Natan, ch. 16) that

A man should not say, “Love the pupils of the wise but hate the ‘am ha’aretẓ,” but one should love all, and hate only the heretics, the apostates, and informers, following David, who said: “Those that hate You, O Lord, I hate” [Psalms 139:21]

Rabbi Akiva is a particularly interesting case, because he was an ‘am ha’aretz himself in the first forty years of his life. Of this time, he says how much he used to hate the learned Jews, with all of their laws and apparent moral superiority, and that he wished to “maul the scholar like a donkey”. Rabbi Akiva’s students asked why he said “like a donkey” and not “like a dog”, to which Akiva replied that while a dog’s bite hurts, a donkey’s bite totally crushes the bones! We can learn a lot from Rabbi Akiva: it is easy to hate those you do not understand. Once Akiva entered the realm of the Law, he saw how beautiful and holy the religious world is. It is fitting that Rabbi Akiva, who had lived in both worlds, insisted so much on loving your fellow. And loving them means helping them find God and live a holy, righteous life, which is why Rabbi Shmuel bar Nachmani (the same one who said that the ‘am ha’aretz should be devoured like a fish) stated that:

He who teaches Torah to his neighbour’s son will be privileged to sit in the Heavenly Academy, for it is written, “If you will cause [Israel] to repent, then will I bring you again, and you shall stand before me…” [Jeremiah 15:19] And he who teaches Torah to the son of an ‘am ha’aretz, even if the Holy One, blessed be He, pronounces a decree against him, He annuls it for his sake, as it is written, “… and if you shall take forth the precious from the vile, you shall be as My mouth…” [ibid.]

Promiscuity in the Talmud

Another horrible accusation levelled against the rabbis of the Talmud is that they were (God forbid) promiscuous and allowed all sorts of sexual indecency. Anyone who makes such a claim clearly knows nothing of the Sages, who were exceedingly modest and chaste. They taught in multiple places how important it is to guard one’s eyes, even suggesting that looking at so much as a woman’s pinky finger is inappropriate (Berakhot 24a). Sexual intercourse should be done only at night or in the dark, and in complete privacy—so much so that some sages would even get rid of any flies in the room! (Niddah 17a) Most would avoid touching their private parts at all times, even while urinating (Niddah 13a). The following page goes so far as to suggest that one who only fantasizes and gives himself an erection should be excommunicated. The Sages cautioned against excessive intercourse, spoke vehemently against wasting seed, and taught that “there is a small organ in a man—if he starves it, it is satisfied; if he satisfies it, it remains starved.” (Sukkah 52b)

Anti-Semitic and Anti-Talmudic websites like to bring up the case of Elazar ben Durdya, of whom the Talmud states “there was not a prostitute in the world” that he did not sleep with (Avodah Zarah 17a). Taking things out of context, what these sites fail to bring up is that the Talmud, of course, does not at all condone Elazar’s actions. In fact, the passage ends with Elazar realizing his terribly sinful ways, and literally dying from shame.

Another disgusting accusation is that the Talmud permits pederasty (God forbid). In reality, what the passage in question (Sanhedrin 54b) is discussing is when the death penalty for pederasty should be applied, and at which age a child is aware of sexuality. Nowhere does it say that such a grotesque act is permitted. The Sages are debating a sensitive issue of when a death penalty should be used. Shmuel insists that any child over the age of three is capable of accurately “throwing guilt” upon another, and this would be valid grounds for a death penalty. Elsewhere, the Talmud states that not only do pederasts deserve to be stoned to death, but they “delay the coming of the Messiah” (Niddah 13b).

The Talmud is similarly accused of allowing a three year old girl to be married. This is also not the whole picture. A father is allowed to arrange a marriage for his daughter, but “it is forbidden for one to marry off his daughter when she is small, until she grows up says ‘this is the one I want to marry.’” (Kiddushin 41a) Indeed, we don’t see a single case of any rabbi in the Talmud marrying a minor, or marrying off their underage daughter. Related discussions appear in a number of other pages of the Talmud. In one of these (Yevamot 60b), Rabbi Shimon bar Yochai states that a girl who was converted to Judaism before three years of age is permitted to marry a kohen, although kohanim are generally forbidden from marrying converts. This, too, has been twisted as if Rabbi Shimon allowed a kohen to marry a three-year old. He did not say this at all, rather stating that a girl under three who is converted to Judaism (presumably by her parents, considering her young age) is actually not considered a convert but likened to a Jew from birth. Once again we see the importance of proper context.

Science in the Talmud

Last week we already addressed that scientific and medical statements in the Talmud are not based on the Torah, and are simply a reflection of the contemporary knowledge of that time period. As we noted, just a few hundred years after the Talmud’s completion, Rav Sherira Gaon already stated that its medical advice should not be followed, nor should its (sometimes very strange) healing concoctions be made. The Rambam (Moreh Nevuchim III, 14) expanded this to include the sciences, particularly astronomy and mathematics, which had come a long way by the time of the Rambam (Rabbi Moshe ben Maimon, 1135-1204). The Rambam did not state that the Sages are necessarily wrong on scientific matters—for indeed we see that they are often quite precise—nonetheless:

You must not expect that everything our Sages say respecting astronomical matters should agree with observation, for mathematics were not fully developed in those days: and their statements were not based on the authority of the Prophets, but on the knowledge which they either themselves possessed or derived from contemporary men of science.

Some scientific statements of the Talmud which have been proven wrong include: The earth’s crust is 1000 cubits thick (Sukkot 53b)—today we have mines that go down four kilometres, which is well over 5000 cubits at least! Lions, bears, and elephants have a gestation period of three years (Bekhorot 8a)—while the Talmud is right by previously stating that cows have a nine-month gestation period, lions actually have gestation of 110 days, bears of 95-220 days depending on the species, and elephants of 22 months.

On the other hand, the Talmud is accurate, for example, when describing the water cycle (Ta’anit 9a), with Rabbi Eliezer explaining that water evaporates from the seas, condenses into clouds, and rains back down. It is also surprisingly close when calculating the number of stars in the universe (Berakhot 32b), with God declaring:

… twelve constellations have I created in the firmament, and for each constellation I have created thirty hosts, and for each host I have created thirty legions, and for each legion I have created thirty cohorts, and for each cohort I have created thirty maniples, and for each maniple I have created thirty camps, and to each camp I have attached three hundred and sixty-five thousands of myriads of stars, corresponding to the days of the solar year, and all of them I have created for your sake.

Doing the math brings one to 1018 stars. This number was hard to fathom in Talmudic times, and even more recently, too (I personally own a book published in the 1930s which states that scientists estimate there are about a million stars in the universe), yet today scientists calculate similar numbers, with one estimate at 1019 stars.

History in the Talmud

When it comes to historical facts the Talmud, like most ancient books, is not always accurate. Historical knowledge was extremely limited in those days. There was no archaeology, no linguistics, and no historical studies departments; neither were there printing presses or books to easily preserve or disseminate information. This was a time of fragile and expensive scrolls, typically reserved for Holy Scriptures.

All in all, the Talmud doesn’t speak too much of history. Some of its reckonings of kings and dynasties are certainly off, and this was recognized even before modern scholarship. For example, Abarbanel (1437-1508) writes of the Talmud’s commentaries on the chronology in Daniel that “the commentators spoke falsely because they did not know the history of the monarchies” (Ma’ayanei HaYeshua 11:4).

The Talmud has also been criticised for exaggerating historical events. In one place (Gittin 57b), for instance, the Talmud suggests that as many as four hundred thousand myriads (or forty billion) Jews were killed by the Romans in Beitar. This is obviously impossible, and there is no doubt the rabbis knew that. It is possible they did not use the word “myriads” to literally refer to 10,000 (as is usually accepted) but simply to mean “a great many”, just as the word is commonly used in English. If so, then the Talmud may have simply meant 400,000 Jews, which is certainly reasonable considering that Beitar was the last stronghold and refuge of the Jews during the Bar Kochva Revolt.

Archaeological remains of the Beitar fortress.

Either way, as already demonstrated the Talmud is known to use highly exaggerated language as a figure of speech. It is not be taken literally. This is all the more true for the stories of Rabbah Bar Bar Chanah, which are ridiculed for their embellishment. Bar Bar Chanah’s own contemporaries knew it, too, with Rabbi Shimon ben Lakish even refusing to take his helping hand while nearly drowning in the Jordan River! (Yoma 9b) Nonetheless, the Talmud preserves his tall tales probably because they carry deeper metaphorical meanings.

Having said that, there are times when the Talmud is extremely precise in its historical facts. For example, it records (Avodah Zarah 9a) the historical eras leading up to the destruction of the Second Temple:

…Greece ruled for one hundred and eighty years during the existence of the Temple, the Hasmonean rule lasted one hundred and three years during Temple times, the House of Herod ruled one hundred and three years. Henceforth, one should go on counting the years as from the destruction of the Temple. Thus we see that [Roman rule over the Temple] was two hundred and six years…

We know from historical sources that Alexander conquered Israel around 331 BCE. The Maccabees threw off the yoke of the Greeks around 160 BCE, and Simon Maccabee officially began the Hasmonean dynasty in 142 BCE. That comes out to between 171 and 189 years of Greek rule, depending on where one draws the endpoint, right in line with the Talmud’s 180 years. The Hasmoneans went on to rule until 37 BCE, when Herod took over—that’s 105 years, compared to the Talmud’s 103 years. And the Temple was destroyed in 70 CE, making Herodian rule over the Temple last about 107 years. We also know that Rome recognized the Hasmonean Jewish state around 139 BCE, taking a keen interest in the Holy Land thereafter, and continuing to be involved in its affairs until officially taking over in 63 BCE. They still permitted the Hasmoneans and Herodians to “rule” in their place until 92 CE. Altogether, the Romans loomed over Jerusalem’s Temple for about 209 years; the Talmud states 206 years. Considering that historians themselves are not completely sure of the exact years, the Talmud’s count is incredibly precise.

Understanding the Talmud

Lastly, it is important never to forget that the Talmud is not the code of Jewish law, and that Judaism is far, far more than just the Talmud. There are literally thousands of other holy texts. Jews do not just study Talmud, and even centuries ago, a Jew who focused solely on Talmud was sometimes disparagingly called a hamor d’matnitin, “Mishnaic donkey”. The Talmud itself states (Kiddushin 30a) that one should spend a third of their time studying Tanakh, a third studying Mishnah (and Jewish law), and a third studying Gemara (and additional commentary). The Arizal prescribes a study routine that begins with the weekly parasha from the Five Books of Moses, then progresses to the Nevi’im (Prophets) and Ketuvim, then to Talmud, and finally to Kabbalah (see Sha’ar HaMitzvot on Va’etchanan). He also states emphatically that one who does not study all aspects of Judaism has not properly fulfilled the mitzvah of Torah study.

A Torah scroll in its Sephardic-style protective case, with crown.

Those who claim that Jews have replaced the Tanakh with the Talmud are entirely mistaken: When Jews gather in the synagogue, we do not take out the Talmud from the Holy Ark, but a scroll of Torah. It is this Torah which is so carefully transcribed by hand, which is adorned with a crown to signify its unceasing authority, and before which every Jew rises. After the Torah reading, we further read the Haftarah, a selection from the Prophets. At no point is there a public reading of Talmud. As explained previously, the Talmud is there to help us understand the Tanakh, and bring it to life.

Ultimately, one has to remember that the Talmud is a continuing part of the evolution of Judaism. We wrote before how we were never meant to blindly follow the Torah literally, but rather to study it, develop it, grow together with it, and extract its deeper truths. The same is true of the Talmud—the “Oral” Torah—and of all others subjects within Judaism, including Midrash, Kabbalah, and Halacha. Judaism is constantly evolving and improving, and that’s the whole point.

For more debunking of lies and myths about the Talmud, click here.

How Moses Smashed the Two Temples

Tomorrow is the seventeenth of Tammuz, one of the six public fast days in the Jewish calendar. The Talmud (Ta’anit 26b, 28b) tells us that the Sages instituted this fast because of a number of tragedies that occurred on this date: the daily offerings ceased in the First Temple, and an idol was erected there; and a Torah scroll was burned in the Second Temple, and Jerusalem’s walls were breached by the Romans leading to that Temple’s destruction. The Jerusalem Talmud notes that the walls of Jerusalem were breached on the 17th of Tammuz in the destruction of both Temples. Perhaps most importantly, the first tragedy that occurred on the 17th of Tammuz was that Moses shattered the Two Tablets after coming down from Sinai to find the Israelites worshipping the Golden Calf. What is the connection between these events?

Ten Commandments on Two Tablets

‘Moses Breaking the Tablets of the Law’ by Gustav Doré

The Two Tablets which Moses brought down from Sinai were engraved with the Ten Commandments—five on one tablet, and five on the other. The first five commandments deal with mitzvot between God and man (bein adam l’Makom): knowing that there is one God, and not to have other gods, not to take God’s name in vain, to keep the Sabbath, and to honour one’s parents. The second five are between man and his fellow (bein adam l’havero): not to murder, commit adultery, steal, bear false witness, and be jealous. The command to honour one’s parents may seem like it should belong in the second category, but it is considered to be in the first category because the relationship between a parent and child is likened to that between God and man. If a person cannot honour their physical, earthly parents, how could they ever properly honour their Father in Heaven?

Why Were the Temples Destroyed?

The most commonly cited reason for the destruction of the First Temple is idolatry. Indeed, the Talmud cited above states that one of the tragedies of the seventeenth of Tammuz is that an idol was erected in the First Temple on that day. A second major reason for the First Temple’s destruction is Israel’s failure to observe shemittah, the seventh-year Sabbath. In fact, it is said that the reason Israel was exiled for seventy years following the First Temple’s destruction is because they failed to observe seventy sabbaticals (based on II Chronicles 36:21).

Meanwhile, it is well-known that the Second Temple was primarily destroyed because of sinat hinam, baseless hatred between Jews. Idolatry was no longer a factor in the Second Temple, since the Sages had successfully prayed to God to have the desire for idolatry removed from Israel (Sanhedrin 64a). The late Second Temple period was one of great religious fervour, and the vast majority of Jews at the time were Torah observant. However, there were multiple interpretations of the Torah, leading to endless bickering between different Jewish factions, especially the Perushim (Pharisees) and Tzdukim (Sadducees), and even deeper internal rifts within these factions. The Talmud states that it was in the Second Temple period that “the Torah was burned”, alluding to the fact that these internecine conflicts were destroying the Torah and ripping apart the Jewish people.

Shattering Stones

When looking at the reasons for the two Temples’ destruction, a clear connection to the Two Tablets emerges. We see that the First Temple was destroyed for failure to observe the five commandments on the first Tablet, while the Second Temple was destroyed for failure to observe the five on the second Tablet. Worshipping idols and failing to keep the Sabbatical year touches on pretty much every single mitzvah on the first Tablet—bein adam l’Makom—while sinat hinam represents transgressions between a person and their fellow, bein adam l’havero.

The Talmud states that on the seventeenth of Tammuz, the breaching of the walls leading to both Temples’ destruction occurred. On that very same day centuries earlier, Moses shattered the Tablets. His smashing of the two stones symbolizes the two future “smashings” of Jerusalem’s stone walls: the first Tablet to the First Temple, and the second Tablet to the Second Temple.

Ultimately, God forgave the people for their sin, and Moses later brought a new set of Tablets. These new Tablets were not smashed. They were placed in the Ark of the Covenant, which is said to have been hidden, awaiting the day when it can return to its rightful place in the final, Third Temple. And so, while the first broken Tablets represent the first two broken Temples, the final set of Tablets symbolizes the last, everlasting Temple, within which they will soon be housed.

‘Going Up To The Third Temple’ by Ofer Yom Tov

Why Tu B’Av Is More Important Than Yom Kippur

This week’s Torah portion is Va’etchanan, which begins with Moses’ many prayers to God, and famously includes both an account of the Ten Commandments, and the Shema. It also happens that this Friday we celebrate the little-known holiday of Tu B’Av (literally, the fifteenth day of the month of Av). Upon closer examination, the parasha and the holiday are quite deeply related.

The Talmud (Ta’anit 26b) states:

Rabban Shimon ben Gamaliel said: there were no days more joyful in Israel than the fifteenth of Av and Yom Kippur. On these days, the daughters of Jerusalem used to go out in white garments, which they borrowed in order not to put to shame anyone who had none… The daughters of Jerusalem came out and danced in the vineyards exclaiming at the same time, “Young man, lift up your eyes and see what you choose for yourself. Do not set your eyes on beauty, but set your eyes on [good] family…”

Young Girls Dancing on Tu B'Av (Courtesy: Temple Institute)

Young Ladies Dancing on Tu B’Av (Courtesy: Temple Institute)

In ancient times, Tu B’Av was a day of speed-dating, matchmaking, and engagements. It is easy to see why Tu B’Av has become associated with love and romance, and is often referred to today as a “Jewish Valentine’s Day”. While this is true, a careful reading will reveal that the holiday actually has far more to do with the fact that the daughters of Jerusalem loved one another, going out in the same white garments to avoid shaming each other. Tu B’Av celebrates a much greater power of love, one that holds the cure for the ails of the solemn Tisha B’Av that was commemorated just days earlier.

Why is Tu B’Av Special?

The Talmud (Ta’anit 30b-31a) asks: why does the Mishnah above compare Tu B’Av to Yom Kippur? We can understand why Yom Kippur is a special day – since it was then that God forgave the Israelites for the sin of the Golden Calf and gave a new set of Tablets – but why Tu B’Av? The question is answered with a list of significant historical events that happened on the 15th of Av.

First among them is the day when the prohibition for people of different Israelite tribes to marry each other was repealed. Initially, during the settlement of the Holy Land, people married only within their own tribe to avoid situations where parcels of land might unfairly be transferred to a different tribe. Eventually, this ban was lifted, allowing anyone to marry whomever they wanted. Once again, we see the theme of love associated with Tu B’Av.

The Talmud goes on to list a number of other events, the most salient of which is that on this day, the “generation of the Wilderness ceased to die out.” After the sin of the Spies, God decreed that the Israelites would wander in the Wilderness for forty years until the entire adult male generation passed away. In the fortieth year, the last of that generation passed away on the fifteenth of Av, allowing the nation to finally move on from the sin of the Spies. (Some say the last group of men was actually spared from death on Tu B’Av, turning that day into a celebration.)

Here, the Talmud cites a teaching that ever since the sin of the Spies, God had stopped speaking to Moses directly. Instead, Moses received visions from God just like any other prophet. On Tu B’Av, after nearly forty years, God once more resumed speaking to Moses “face-to-face”. Tu B’Av was the day Moses reclaimed his status as the greatest of prophets, the only one who spoke to God in a fully conscious state.

Where in the Torah do we see that God resumed speaking to Moses in this way? The Pnei Yehoshua comments that this happened in our weekly parasha, Va’etchanan. After Moses’ incessant prayers, God finally reappeared to him. And so, we see yet again the theme of love on Tu B’Av; this time, though, not love between people, but between God and man.

One Love

It is in this week’s parasha that we are commanded to “love Hashem, your God, with all of your heart…” Earlier in Leviticus we were given the mitzvah to “love your fellow as yourself.” While the latter is understandable, how exactly is one supposed to love God? God is the eternal, all-encompassing, omnipotent, omniscient, omnipresent force within all of Creation, and everything that infinitely lies beyond. The Kotzker Rebbe once rightly observed that “one who does not see God everywhere, does not see God anywhere.” How does one love such a transcendent Being?

Our Sages teach something incredible. The full verse in Leviticus states, “And you shall love your fellow as yourself, I am Hashem.” Why finish with “I am Hashem”? The verse would have stood well on its own without that last part! The juxtaposition of words can teach us that that loving your fellow is loving Hashem. In fact, the numerical value of the whole verse (ואהבת לרעך כמוך אני יי) is 907, equivalent to “love Hashem, your God” (ואהבת את יי אלהיך)! If God is found within each person, and within each creation, then loving every person and every creation is loving God.

This is all the more important on Tu B’Av which, not coincidentally, comes immediately after Tisha B’Av, a day commemorating a Temple destroyed because of sinat chinam, baseless hatred, and absence of love between fellows. When the Jews of the Second Temple period stopped loving each other, it was clear that they had stopped loving God, and God destroyed His Temple.

Tu B’Av is the antidote to Tisha B’Av. It is quite ironic that while many mourn and wail on Tisha B’Av, few pay much attention to the far more significant message of Tu B’Av. It is Tu B’Av that should be carefully observed and loudly celebrated. After all, the Mishnah goes so far as to place Tu B’Av on the same pedestal as Yom Kippur! That makes it even more ironic, as the majority of Jews observe Yom Kippur in some way, yet have little knowledge of Tu B’Av which, in reality, is just as important as Yom Kippur, and perhaps even more so:

The Mishnah ends by suggesting that while the Temple was destroyed on Tisha B’Av, it will be rebuilt on Tu B’Av, for just as the “daughters of Zion” would go out on Tu B’Av, they will go out once more in the “day of the building of the Temple, may it be rebuilt speedily and in our days.”

Chag sameach!

 

Tisha B’Av: Why Are We Still Mourning?

This week’s Torah portion is Devarim, which begins the fifth and final book of the Torah. This book (Deuteronomy), is written from the perspective of Moses, and summarizes much of what the Torah discussed earlier. At the same time, it also introduces many new mitzvot, and reveals deeper insights into the Torah’s previous narratives. For example, while the book of Numbers told us that Moses was forbidden to enter the Holy Land because he disobeyed God in striking the rock, here we are told that Moses was forbidden to enter the Land because of the incident of the Spies! (1:22-38) How do we reconcile these differences? The answer can actually be found in next week’s parasha, Va’etchanan.

Va’etchanan (literally “and I beseeched”) describes how Moses begged God to allow him to enter the Holy Land. The Talmud (Berachot 32b) states that Moses prayed so much that God actually relented and forgave him for striking the rock. However, it would have been wrong for Moses to enter the Holy Land at that time, considering that the rest of the men were condemned to perish in the Wilderness because of the sin of the spies. After all, Moses was their leader. Could a shepherd abandon his flock? Would a captain abandon his sinking ship? So, Moses didn’t enter the land not because of the rock, but because of the spies.

'Destruction of the Temple of Jerusalem' by Francesco Hayez (1867)

‘Destruction of the Temple of Jerusalem’ by Francesco Hayez (1867)

This is all the more pertinent now with Tisha B’Av right around the corner. Tisha B’Av commemorates the destruction of both Holy Temples in Jerusalem, along with a handful of other tragedies said to have happened on, or around, that date – the ninth of the month of Av. According to tradition, the origins of Tisha B’Av lie in the incident of the spies. It was on that day that the spies returned from the land of Israel, and reported negatively about the people’s chances of conquering the land. The faithless nation feared and cried needlessly on that day so, it is said, God subsequently gave the nation many good reasons to truly fear and cry on that day throughout history.

The Problem with the 9th of Av

There are many problems with this classic narrative. First of all, why would God punish generations far in the future for the sins of that one generation long ago? Deuteronomy 24:16 itself states clearly that “Parents shall not be put to death because of their children, nor children because of their parents. Each person shall be put to death for their own crime.” While the Torah does also mention a number of times that God “carries over the iniquity of the fathers onto the children to the third and fourth generations”, the phrase concludes by saying this is only true to those that “hate Him”. In any case, it is only to the third and fourth generations, not millennia into the future! Even so, the Talmud (Makkot 24a) says the prophet Ezekiel came and repealed this divine decree anyway:

Said Rabbi Yose bar Chanina, “Moses pronounced four decrees upon Israel, which four prophets came and cancelled.”
…Moses said, “carries over the iniquity of the fathers onto the children…” (Exodus 34:7) Ezekiel came and cancelled it: “The one who sins will die.” (Ezekiel 18:14)

'The Spies With The Grapes Of The Promised Land' by Nicolas Poussin (1664)

‘The Spies With The Grapes Of The Promised Land’ by Nicolas Poussin (1664)

Second of all, did the spies really return on the 9th of Av? The Talmud (Ta’anit 29a) calculates that the spies went forth on the 29th of Sivan and returned forty days later on the 9th of Av. However, the Torah tells us that the spies went to Israel at the start of the grape harvest (Numbers 13:20) and the same tractate of Talmud (Ta’anit 30b) states that the grape harvest season lasted from the 15th of Av until Yom Kippur! How could the spies have returned on the 9th of Av when the grape harvest only began on the 15th? (A simple Google search reveals that the ideal time for grape harvest is September-October, which is right between the 15th of Av and Yom Kippur.)

On the same note, when exactly were the Temples destroyed? The Tanakh tells us that “in the fifth month, on the seventh day of the month, which was the nineteenth year of King Nebuchadnezzar, king of Babylon, came Nebuzaradan, the captain of the guard, a servant of the king of Babylon, to Jerusalem. And he burned the house of Hashem, and the king’s house…” (II Kings 25:8-9) This verse suggests the First Temple was destroyed on the 7th of Av.

Another verse in the Tanakh tells us that “in the fifth month, in the tenth day of the month, which was the nineteenth year of King Nebuchadnezzar, king of Babylon, came Nebuzaradan, the captain of the guard, who stood before the king of Babylon, to Jerusalem; and he burned the house of Hashem, and the king’s house…” (Jeremiah 52:12-13) The verse is nearly identical, except that this one says Nebuzaradan came on the 10th and destroyed the Temple.

We have the 7th of Av and the 10th of Av, but no 9th! The Talmud (Ta’anit 29a) notes this contradiction and tries to reconcile it this way: “On the seventh the heathens entered the Temple and ate therein and desecrated it throughout the seventh and eighth, and towards dusk of the ninth they set fire to it and it continued to burn the whole of that day [the tenth].” Rabbi Yochanan goes on to say that if it were up to him, the mourning day would be the 10th of Av, not the 9th, since this is when the Temple was mostly destroyed.

And what about the Second Temple? Josephus lived through its destruction, and later wrote about it in detail. He says that it was destroyed on the 10th of Av, and writes that the Jews mourn its destruction on the same day that they mourn the destruction of the First Temple. However, he seems to admit that he is uncertain about the exact dates that the Temples fell.

What does the Talmud say? It, too, is uncertain, but concludes that since “good things tend to happen on good days, and bad things on bad days,” it is assumed that the Second Temple was destroyed on the same day as the First Temple!

Postponing, Abolishing, or Redefining?

This year, Tisha B’Av falls on Shabbat, so the fast is postponed, appropriately, to the 10th. While Rabbi Yochanan felt that the 10th is the correct day to fast anyway, Rabbi Yehudah HaNasi – the great redactor of the Mishnah – wanted to have the fast of Tisha B’Av abolished completely! Some say this was only when Tisha B’Av falls on Shabbat and needs to be postponed, while others say he wanted it gone entirely (Megillah 5b).

This idea has been echoed in modern times. The primary reason for mourning on Tisha B’Av is because of Jerusalem’s destruction and the Jewish people’s exile. Today, the Jewish people have returned to the Holy Land and have rebuilt Jerusalem. While there’s no Temple just yet, we are free to travel to, and settle in, the Holy City whenever we wish. Why are we still mourning?

Perhaps Rabbi Yehudah felt the same way. In his day, Jews had also returned to Jerusalem and enjoyed relatively good terms with the Romans. Rabbi Yehudah himself was friends with the Caesar known in the Talmud as ‘Antoninus’ (possibly the Emperor Marcus Aurelius, or maybe a local Roman governor).

Meanwhile, far worse tragedies have befallen the Jewish people since then: crusades, inquisitions, pogroms, the Holocaust, and the list goes on. Why focus on the temples and Jerusalem when there are more recent, greater tragedies? Indeed, former Israeli Prime Minister Menachem Begin intended to combine all the days of commemoration, and move Holocaust Remembrance Day and Israel’s Memorial Day to Tisha B’Av.

Perhaps this is what Tisha B’Av should be: one day to remember all of the suffering that has troubled the Jewish people, and all the suffering that continues to plague the world. A day to remind us that Mashiach has not come yet, the Temple is not yet rebuilt, and the world is not yet whole. A day to ask ourselves: what exactly are we doing to hasten the arrival of that magnificent, forthcoming time? What are we doing that will finally put an end to all the mourning? Tisha B’Av should be a day not about drowning in the sad tears of the past, but about actively working towards the happy tears of the future.

And this is precisely what Rabbi Akiva told his colleagues when they saw the ruins of the Temple. While Rabban Gamliel, Rabbi Elazar ben Azariah, and Rabbi Yehoshua ben Chananiah immediately fell into a bout of weeping, Rabbi Akiva was laughing. Surprised, they asked him to explain himself. He told them that while they were dwelling on the destruction of the first and second temples, he was dwelling on the vision of the coming Third Temple. The rabbis responded – and with this the tractate ends – “Akiva, you have consoled us! Akiva, you have consoled us!”

Are More Restrictions Good for Judaism?

This week’s parasha is Nasso, the longest portion in the Torah. Among many other things, Nasso relates various laws pertaining to the nazir, commonly (and loosely) translated as a “monk”. Nazirite status was typically conferred on a person temporarily, for a minimum of 30 days. During this time, the nazir abstained from wine and grape products (and likely anything else that might have put them under the influence), from being contaminated by the impurity of death (and therefore avoiding contact with corpses or visits to a cemetery), and desisted from cutting their hair. At the end of the term, the nazir would immerse in a mikveh and bring a series of offerings in the Temple.

The Torah describes a person who has undergone the nazirite process “holy”. At the same time, the Torah instructs this person to bring a sin offering. As such, the Jewish Sages debate whether becoming a nazir is something commendable, or actually sinful! The most likely possibility is that a person who felt a great deal of guilt over some sin they had done would take on the nazirite vow as a form of expiation or spiritual purification. A person could even take on the nazirite vow for life.

Rabbi Elazar HaKappar taught (Taanit 11a) that a nazirite is likened to a sinner for practicing such abstinence, and the sage Shmuel taught that anyone who fasts voluntary for self-affliction is a sinner, too. Separating one’s self from the joys of this world and taking on more and more restrictions is not a path to spiritual enlightenment. The Jewish way has always been about finding balance. It is not about separating from this physical world, but properly engaging in it. And more than just restrictions, the Jewish way focuses on positive actions.

It is said that this was Abraham’s revolution: What the first Jew did was introduce people to spirituality not by way of abstinence from the physical, but rather, spirituality by way of elevating the physical. Abraham did not invent negative mitzvot, but presented the right way to do positive mitzvot. This is hinted to by his name, for the numerical value of Abraham (אברהם) is 248, which is the number of positive mitzvot in the Torah. Meanwhile, Moses brought down the complete Torah, balancing the positive and the negative – both deeds and restrictions – in 613 mitzvot, also hinted to by his name and title Moshe Rabbeinu (משה רבינו), which equals 613.

Dealing with Stringencies

If taking on more and more stringencies and restrictions is not the proper path, how do we deal with the ever-increasing expanse of halachic prohibitions and “fences”? The Talmud Yerushalmi (Shabbat 1:4) writes how the more stringent Beit Shammai once took hold of the Sanhedrin and enacted 18 restrictions, among them rules like chalav yisrael and pat yisrael. This day is described as being as tragic for Israel as the day of the Golden Calf! While Rabbi Eliezer said that on that day the scholars “filled the measure” (ie. did a good thing), Rabbi Yehoshua said that they completely erased the measure!

Rabbi Lazer Gurkow explains that Rabbi Yehoshua believed more restrictions would end up destroying Judaism in the long run. While it may be different for the serious scholar, the average person is unable to keep taking on more and more restrictions, and will only be frustrated by the ever-increasing stringencies. Soon enough, these people will cast off the yoke of Torah completely.

It appears that Rabbi Yehoshua’s words were prophetic, for this is precisely what has happened in the Jewish world. Today, Orthodox Judaism has so many fences that the average Jew wants nothing to do with the religion, and fears taking on even a little more observance. Non-observant Jews often critique (and rightly so) that the restrictions have gone so far that they bear little resemblance to what the Torah initially instructed! It therefore isn’t surprising that the vast majority of Jews today are completely secular.

On the other hand, repealing fences can also be dangerous. The thinking is that once people start taking things out, there will be no end to it. This is what happened in Reform Judaism, which started out fairly innocent, but quickly became just about completely secular. Where is the line to be drawn?

Finding the Right Balance

The above issue is possibly the central challenge of modern-day Judaism: How do we return to a logical, spiritual, uplifting Judaism, without destroying its fundamental base? To continue adding more and more fences does not work, nor does forcing people into observance through guilt and fear. On the other hand, how do we avoid being ensnared by the descending spiral that plagues the Reform and Conservative world?

At present, it appears we are unable to remove any stringencies at all for the masses, and it is highly doubtful that any great halachic figure alive today feels they have the authority to do so. Perhaps, then, the secret to success lies solely within the individual. There were 600,000 Jewish souls at Mt. Sinai, and the Arizal taught that every one of them received their own unique explanation of the Torah. Each person needs to find their own unique path within the vast world of Torah and halacha. Every individual must continue learning, digging deeper, and getting to the bottom of why they are practicing what they are.

What is the origin of the halacha in question? Does it have a Biblical or Talmudic basis, or is it simply a long-outdated local custom? Do all rabbinic authorities agree on its necessity, or do major authorities hold against it? Is there a good, logical reason to keep certain fences? Do particular restrictions enhance one’s religious experience, or constrain it? And most importantly, does a person feel like they are growing closer to God through their chosen path of halacha, and becoming holier and more righteous, or do they feel like they are actually falling backwards because of it?

These are vital questions that each person should be asking. We must never simply submit unquestioningly to the words of a wise man or a charismatic leader, whether a rabbi or anyone else. It is a central tenet of Judaism to always ask questions, and find good answers to them. If the answers don’t satisfy us, we must prod further. And if there is still no answer, we must seriously reconsider what we are doing. This is all the more significant in our generation, in the footsteps of Mashiach, which the Talmud (Sotah 49b) describes as a period where “the meeting place of scholars will be used for immorality… the wisdom of the learned will degenerate… and the truth will be missing…”

May Hashem give us all the strength and wisdom to see the truth and find the proper Godly path.