Tag Archives: Shulchan Arukh

Do Men Have More Mitzvot than Women?

This week’s parasha, Tazria, begins by describing the rituals that a mother must perform upon giving birth to a new child. If the child is male, the mother is considered “impure” for seven days following her delivery, and then spends an additional 33 days in purification. For a female child, the durations are doubled, with the mother “impure” for 14 days, and purifying for another 66 days. Why is the duration of purification for a female doubly longer than a male?

‘Garden of Eden’, by Thomas Cole

The apocryphal Book of Jubilees (3:8) suggests an interesting idea: Adam was made on the Sixth Day of Creation but, apparently, Eve wasn’t made until a whole week after. This is why a mother of a male child is impure for a week, but a mother of a female child for two weeks! Jubilees also holds that Adam was only brought into Eden forty days after being created, while Eve was brought in after eighty days. This is why a mother of a male child needs a total of forty days to purify, and a mother of a female child needs eighty days. Of course, Rabbinic tradition rejects the Book of Jubilees, and it is accepted that Adam and Eve were both created on the Sixth Day, and were in Eden from the beginning.

Commenting on this week’s parasha, the Zohar (III, 43b) states that it takes a soul 33 days to settle in the body. This is primarily referring to the new soul that enters a newborn baby, as it takes time for the ethereal soul to get used to its descent into a physical world. The Zohar doesn’t add too much more on this, but we might assume that, based on the words of the Torah, it takes a male soul 33 days to settle, and a female soul 66 days to settle. At the same time, the Zohar may be referring to the soul of the mother, too, as she is the one that spends 33 or 66 days in purification. As we’ve explained in the past, the severing of the mother’s direct connection to her child distresses her soul for 33 or 66 days following childbirth.

Whatever the case, the implication is that a female soul is somehow greater than a male soul. It has more spiritual power, taking longer to settle. The notion that female souls are greater is found throughout Jewish texts, especially mystical ones. Sefer HaBahir, one of the most ancient Kabbalistic texts, states that the female soul is the most beautiful of all, and an aspect of the Shekhinah, the Divine Presence (chs. 173-175). It explicitly makes clear that life on Earth would be impossible without the life-giving mother, who in this regard is much closer to God.

On that note, it has been said that God created the world sequentially from simple to complex, starting with the basic elements: light, air, water, earth; progressing to plants, then simple animals, then mammals, then man, and finally woman. The woman is the last of God’s creation, and therefore the most intricate and the most refined. It may be because of this that the Arizal taught that while male souls typically reincarnate to rectify themselves, female souls rarely if ever reincarnate at all (Sha’ar HaGilgulim, ch. 9).

It is important to mention here that we are speaking of female souls, not necessary to all women. The Arizal (as well as the Zohar cited above) speak of the possibility of female souls in male bodies, or male souls in female bodies. And it should also be mentioned that this does not necessarily affect the body’s sexuality. A “female” soul in a male body can still very much be a heterosexual male, and vice versa. (For more on this, see Rav Yitzchak Ginsburgh’s lecture here on the female soul of the forefather Isaac, as well as the prophets Samuel, Jonah, and Habakkuk.)

There are a number of consequences to the greater souls of females. For one, it gives them binah yeterah, an “extra understanding” sometimes referred to as “women’s intuition” (Niddah 45b). This is one reason why the women of the Exodus generation, for example, did not participate in the sin of the Golden Calf, nor the sin of the Spies. In fact, the Kli Yakar (Rabbi Shlomo Ephraim Luntschitz, 1550-1619, on Numbers 13:2) states that, had Moses sent female spies, there would have been no problem at all!

On the other hand, a more elevated soul and an extra depth of understanding means a greater sensitivity to the world, which makes women generally less prone to violence and drug abuse, but significantly more prone to depression and anxiety. The greater female soul has the amazing potential to bring life, yet simultaneously (to balance the equation) the potential for severe destruction, “more bitter than death”, to borrow from King Solomon in Kohelet 7:26. This is symbolically reflected in the menstrual cycle, where a lack of conception of life necessarily results in the shedding of blood, a “minor death” that is then rectified in the living waters of the mikveh.

Finally, a greater soul means that women require slightly less mitzvot than men. After all, the “mitzvot were given only in order that human beings might be purified by them… their purpose is to refine…” (Beresheet Rabbah 44:1) A more refined female soul does not need the same mitzvot that a male soul does. Unfortunately, this has sometimes been a point of contention in modern times. Yet, upon closer examination, we see that the differences in mitzvot between men and women are actually minimal and, contrary to the general belief, there is a perfect balance between those mitzvot done exclusively by men and those done exclusively by women.

“Time-Bound” Mitzvot?

The general rule is that, at least in principle, women are exempt from any mitzvah that can only be done at a particular time. This includes mitzvot like prayer, tefillin, and tzitzit. However, in practical terms we see that this “rule” isn’t really a thing, and there are many time-bound mitzvot that women are obligated in. For example, women are obligated in eating matzah on Pesach, and fasting on Yom Kippur, even though they are time-bound mitzvot.

The Mishnah (Berakhot 3:3) states that women are exempt from reciting Shema, yet it is quite normal for women today to say Shema twice daily just as men do. The same Mishnah exempts women from tefillin, but the Talmud (Eruvin 96a) states that a certain woman named Michal (presumably the daughter of King Saul and wife of King David) did wear tefillin and no one made a big deal out of it. Elsewhere, the Talmud (Kiddushin 34a) states that women are exempt from tefillin for the same reason that they are exempt from Torah study. Today, of course, it has become normal for women to study Torah, too. In fact, women always studied at least some Torah throughout history, and the Shulchan Arukh requires women to recite the blessing on Torah study just as men do, implying that they are obligated in Torah study as well (Orach Chaim 47:14).

Interestingly, there was one opinion in ancient times that while women are exempt from sitting in a sukkah, shaking the lulav, and donning tefillin, they are not exempt from tzitzit (Tosefta Kiddushin 1:8). This may be why the Rambam (Rabbi Moshe ben Maimon, 1135-1204) codifies as law that while women are not obligated to wear tzitzit, they may do so if they wish (Mishneh Torah, Hilchot Tzitzit 3:9). In the same place, the Rambam actually permits women to do any other mitzvot that they are not obligated in if they want to, but without reciting a blessing.

Another such mitzvah is hearing the shofar on Rosh Hashanah, which women were traditionally exempt from. By the time of the Shulkhan Aruch, though, we see it state that it is proper for women to hear the shofar, and even for a man who has already fulfilled the mitzvah to blow the shofar again for a woman who hasn’t yet fulfilled the mitzvah (Orach Chaim 589:6). In a bit of irony, today it is normal to see traditional Jewish women hear the shofar and shake the lulav, but not wear tzitzit or tefillin, even though our ancient sources suggest that it once may have been the opposite!

The Connection Between Tefillin and Mezuza

There is an intriguing connection between tefillin and mezuza, a mitzvah which women are obligated in (Berakhot 3:3). Both involve parchments in boxes, and the Torah twice commands the mitzvah of tefillin and mezuza together (as we read in the first two paragraphs of Shema). It was believed then, as it is now, that mezuza and tefillin both confer spiritual protection on their users. Some hold that the letter shin customarily written on the mezuza box, and the letters shin, dalet, and yud written on the mezuza scroll stand for shomer delatot Israel, God “guards the doors of Israel”. Similarly, the head-tefillin box has a shin written on it, too, and offers spiritual protection for its wearer. (The Lubavitcher Rebbe famously launched his “tefillin campaign” shortly before the Six-Day War in an effort to strengthen Israel.)

We know that in ancient times men wore their tefillin all day long, and not just for morning prayers as we do today. The reason was that men needed that spiritual protection throughout the day as they were going about their business. In light of this, it has been said that women, who were generally at home, did not need to wear tefillin since they were protected by the mezuzas of the house!

Rabbi Aryeh Kaplan teaches something similar in his book, Tefillin. He points out that the tefillin boxes are called batim, literally “houses”. The tefillin is like a mini-house for a man. They are a man’s spiritual home. The woman, meanwhile, is naturally more concerned with the physical home. We might add that tefillin was once a “piece” of the home that a man could take with him wherever he went, to extend that protection in his journeys.

Male vs. Female Mitzvot

In Temple times, women were also exempt from making a pilgrimage to Jerusalem three times a year during the holidays, but were required to appear every seven years during Hak’hel. A woman would bring a sacrifice just as a man would, but the Sages state she would not do semicha, where the person bringing the sacrifice lays their hands, or leans, on the animal.

So far, all that’s been discussed is positive commandments, of which there are a total of 248. When it comes to the 365 negative commandments, the Sages state that women are obligated in all but two: shaving, and for daughters of priests to be near dead bodies. (For a deeper look as to the connection between not shaving and the dead, see ‘Shaving and the Mystical Power of Beards’ in Garments of Light.)

In his Sefer HaMitzvot, the Rambam lists the mitzvot that women are obligated in, even though they are time-bound mitzvot: Kiddush on Shabbat, fasting on Yom Kippur, and eating matzah (along with the Rabbinic mitzvot of drinking four cups of wine and singing Hallel on Pesach), observing the holidays, Hak’hel, korban Pesach, Chanukah candles, and hearing the Purim Megillah. The Rambam also lists the 14 mitzvot that women today (or at least, in his day) are exempt from: Shema, head tefillin and arm tefillin (which are technically counted as two separate mitzvahs), tzitzit, Sefirat haOmer, sukkah, lulav, shofar, studying Torah, writing a Torah scroll, reciting the priestly blessing, having children, brit milah, and the mitzvah of a man gladdening his wife following their wedding and staying with her for an entire year uninterrupted.

As we have already seen, reciting Shema, sitting in a sukkah, shaking lulav, hearing the shofar, and studying Torah have all become women’s mitzvot, too. Writing a Torah scroll is not something any average Jew does today, whether man or woman, and reciting the priestly blessing is only relevant to a minority of kohanim. The others that the Rambam lists are actually subject to rabbinic debate. Some say women are obligated in having children, and even though the Torah phrases the mitzvah of marriage as being incumbent specifically upon men, women are obligated in marriage, too. This was, for example, the opinion of the Ran (Rabbi Nissim of Gerona, 1320-1376, on Kiddushin 16b). Besides, it is impossible for a man to marry or have children without a woman, so the mitzvah can only be fulfilled with them together as a couple. Sefirat HaOmer is debatable, too, with some saying women are obligated, including the Ramban (Rabbi Moshe ben Nachman, 1194-1270, on Kiddushin 34a).

With regards to brit milah, a woman obviously cannot have this mitzvah done. There is no need to because women are considered already “circumcised”, at least in a spiritual sense, straight from birth! (Avodah Zarah 27a) Now, the mitzvah is really incumbent upon a father to have his son circumcised, though a mother can certainly step in if necessary, just as we saw with Moses and Tzipporah (Exodus 4:25-26).

At the end, we are essentially left with just two mitzvot that today are considered strictly for men: tefillin and tzitzit. On the other hand, there are two mitzvot which are today associated most with Jewish women: lighting Shabbat candles, and immersion in a mikveh. If we look a little closer, we’ll find that the two “male” mitzvot and the two “female” mitzvot are intricately related.

Embracing God

The major purpose of wearing tefillin is, as the Torah clearly states, to serve as a sign (ot in Hebrew) of our Covenant with God, and as a symbol of our devotion to Him. Shabbat is similarly described as an ot, a sign between Hashem and us. In this way, tefillin and Shabbat are highly related. The Sages explain that this is why wearing tefillin on Shabbat is unnecessary: Shabbat already serves as the ot of the day, so there is no need for another ot. Tefillin is strictly a weekday sign.

Interestingly, Shabbat is always described in feminine terms: it is a “queen” and a “bride”. While the six days of the week have masculine energy, the Sabbath is entirely feminine energy. The Kabbalists relate them to the seven lower Sefirot, the first six being the masculine ones (called dchura, or duchra, “male” in Aramaic), and the seventh, Malkhut, being the feminine, nukva. It is therefore fitting that it is specifically women that light Shabbat candles to usher in the spirit of the day. The Shabbat candles themselves serve as a physical sign of the spiritual Sabbath. In this way, they perfectly parallel tefillin. Men tie two tefillin boxes during the six “masculine” days of the week as a sign, and then women light two candles as the same sign for the seventh “feminine” day of the week. Together, the couple maintains that symbolic and spiritual relationship with Hashem, each on the days that are more spiritually fitting for their souls.

The same is true for the parallel mitzvot of tzitzit and mikveh. When men wrap themselves in a tallit, the idea is to feel the “embrace” of God, so to speak. We affirm this very notion when putting the tallit on, as it is customary to say the verse: “How precious is Your lovingkindness, God! And people take refuge in the shadow of Your wings.” (Psalms 36:8) The tallit is compared to God’s “wings”, and we take shelter in His loving embrace.

The mikveh is the same, a mitzvah in which a woman can completely immerse in, and be “bathed” in Godliness. In several places in the Tanakh, God is actually called “Mikveh Israel”, as the Prophet said: “Hashem is Mikveh Israel; all that forsake You shall be ashamed; they that depart from You shall be written in the earth, because they have forsaken God, the fountain of living waters.” (Jeremiah 17:13) God Himself is the fountain of living waters, mekor mayim chayim, in an explicit Scriptural reference to the living waters of the mikveh. In this way, women “embrace” God in the waters of the mikveh, similar to the way (and in a much more powerful way) that men “embrace” God wrapped in a tallit.

To conclude, while there are certainly numerous details of halacha that pertain specifically to men or women alone, when it comes to God’s mitzvot in particular there is a wonderful balance in what is commanded to women and men. Ultimately, the Sages teach that any person is only half of a human being (Yevamot 63a), for it is only when man and woman unite that their soul is complete, and only as one can they properly fulfill all the mitzvot, and merit to have the greatest Godly presence in their lives.

The Origins and Kabbalah of Kaddish

This week’s parasha begins with the passing of Sarah, the first Matriarch. We read how Abraham “eulogized Sarah and bewailed her” (Genesis 23:2). Today, the ritual most associated with Jewish death and mourning is undoubtedly the recitation of Kaddish. This has become one of those quintessentially Jewish things that all Jews—regardless of background, denomination, or religious level—tend to be very careful about. It is quite common to see people who otherwise never come to the synagogue to show up regularly when a parent or spouse dies, only to never be seen again as soon as the mourning period is over. Kaddish has become so prevalent that it has gone mainstream, featured in film and on TV (as in Rocky III and in the popular Rugrats cartoon), on stage (in Angels in America and Leonard Bernstein’s Symphony no. 3), and in literature (with bestselling novels like Kaddish in Dublin, and Kaddish For an Unborn Child).

 

Sylvester Stallone, as Rocky Balboa, recites Kaddish for his beloved coach and mentor. 

And yet, the origins of Kaddish are entirely clouded in mystery. It isn’t mentioned in the Tanakh, nor is there any discussion of reciting Kaddish for the dead in the Mishnah or Talmud. Even in the Rambam’s monumental Jewish legal code, the Mishneh Torah—just over 800 years old—there is no discussion of a Mourner’s Kaddish. Where did it come from?

Praying for Redemption

The Talmud refers to Kaddish in a number of places (such as Berakhot 3a, for example), though not in association with mourning the dead. Around the same time, we see a prayer very similar to Kaddish in the New Testament (Matthew 6:9-13), which has since become known as the “Lord’s Prayer” among Christians. This suggests that Kaddish existed before the schism between Judaism and Christianity, and this is one reason scholars date the composition of Kaddish to the late Second Temple era.

Many believe that it was composed in response to Roman persecution. The text of the Kaddish makes it clear from the very beginning that it is a request for God to speedily bring about His great salvation. It certainly makes sense that such a prayer would be composed in those difficult Roman times. In fact, the first words of Kaddish are based on Ezekiel 38:23, in the midst of the Prophet’s description of the End of Days (the famous “Gog u’Magog”), where God says v’itgadalti v’itkadashti. The Sages hoped the travails they were struggling through were the last “birth pangs” of the End Times.

In Why We Pray What We Pray, Barry Freundel argues that Kaddish was originally recited at the end of a lecture or a Torah learning session—as continues to be done today. It likely came at a time when public Torah learning or preaching was forbidden, as we know was the case in the time of Rabbi Akiva. So, the Sages ended their secret learning sessions with a prayer hoping that the Redemption would soon come, and they would once more be able to safely preach in public.

If that’s the case, how did Kaddish become associated with mourning the dead?

The Mourner’s Kaddish

Freundel points out that the earliest connection between Kaddish and the souls of the dead is from the Heikhalot texts. These are the most ancient works of Jewish mystical literature, going as far back as the early post-Second Temple era. (Scholars date the earliest texts to the 3rd century CE). One of these texts reads:

In the future, the Holy One, blessed be He, will reveal the depths of Torah to Israel… and David will recite a song before God, and the righteous will respond after him: “Amen, yehe sheme rabba mevorach l’olam u’l’olmei olmaya itbarach” from the midst of the Garden of Eden. And the sinners of Israel will answer “Amen” from Gehinnom.

Immediately, God says to the angels: “Who are these that answer ‘Amen’ from Gehinnom?” [The angels] say before Him: “Master of the Universe, these are the sinners of Israel who, even though they are in great distress, they strengthen themselves and say ‘Amen’ before You.” Immediately, God says to the angels: “Open for them the gates of the Garden of Eden, so that they can come and sing before Me…”

The Heikhalot connect Kaddish (specifically its central verse, “May His great Name be blessed forever and for all eternity…”) to a Heavenly prayer that will be recited at the End of Days, when the souls in Gehinnom will finally have reprieve. We can already start to see how this might relate to mourning, or spiritually assisting, the recently deceased.

This is related to another well-known story that is by far the most-oft used as the origin of Kaddish. In this narrative, a certain great sage—usually Rabbi Akiva, but sometimes Rabbi Yochanan ben Zakkai—sees a person covered in ash and struggling with piles of lumber. The poor person explains that he is actually dead, and his eternal punishment (reminiscent of popular Greek mythology) is to forever gather wood, only to be burned in the flames of that wood, and to repeat it all over again. The Sage asks if there is anything he could do to help, to which the dead man replies that if only his son would say a particular prayer, he would be relieved of his eternal torment.

The nature of that prayer varies from one story to the next. In some, it is the Shema, in others it is Barchu, and in others it is a reading of the Haftarah (see, for example, Kallah Rabbati 2, Machzor Vitry 144, Zohar Hadash on Acharei Mot, and Tanna d’Vei Eliyahu Zuta 17). It is only in later versions of the story that the prayer the son must say is Kaddish. Whatever the case, between the Heikhalot texts, and these Midrashic accounts, we now have a firm connection linking Kaddish with the deceased.

I believe there is one more significant (yet overlooked) source to point out:

The most important part of the Kaddish is undoubtedly the verse yehe sheme rabba mevorach l’olam u’l’olmei olmaya. As we saw in the Heikhalot above, this is the part that especially arouses God’s mercy. The Talmud (Berakhot 3a) agrees when it says essentially the same thing about the entire congregation reciting aloud “yehe sheme hagadol mevorach”. These special words are based on several Scriptural verses, such as Psalm 113:2 and Daniel 2:20. It also appears in Job 1:21.

Here, Job suffers the death of all of his children. Upon hearing the tragic news, he famously says: “…naked I came out of my mother’s womb, and naked shall I return; the Lord giveth, and the Lord taketh away; blessed be the name of the Lord.” In Hebrew it reads: Adonai natan, v’Adonai lakach, yehi shem Adonai mevorach. The parallel is striking. The first person in history to recite the great “yehe sheme rabba” upon the death of a family member is none other than Job. In some way, Job may be the originator of the Mourner’s Kaddish.

Birth of a Custom

Officially, the earliest known mention of reciting Kaddish for the dead is Sefer HaRokeach, by Rabbi Elazar of Worms (c. 1176-1238). Shortly after, his student Rabbi Itzchak of Vienna (1200-1270) writes in his Ohr Zarua that Ashkenazim have a custom to recite Kaddish upon the dead. He explicitly states that Tzarfati Jews (and as an extension, Sephardic Jews) do not have such a custom.

That much is already clear from the Rambam (Rabbi Moshe ben Maimon, 1135-1204), the greatest of Sephardic sages in his day, who makes no mention of a Mourner’s Kaddish anywhere in his comprehensive Mishneh Torah. (The Rambam does speak about the regular Kaddish, unrelated to the dead, which is recited throughout the daily prayers.) We see that in his time, Kaddish was still a strictly Ashkenazi practice. Why is it that Ashkenazi Jews in particular began to say Kaddish for the dead?

Most scholars believe the answer lies within the Crusades. The First Crusade (1095-1099) was a massive disaster for Europe’s Ashkenazi Jews. While the Crusades were meant to free the Holy Land from Muslim domination, many local Christians argued that there was no need to fight the heathen all the way in the Holy Land when there were so many local Jewish “heathens” among them. The result is what is referred to as “the Rhineland massacres”, described by some as “the First Holocaust”. Countless Jews were slaughtered.

‘Taking of Jerusalem by the Crusaders, 15th July 1099’ by Émile Signol

Like in the times of Roman persecution a millennium earlier, the Ashkenazi Sages sought comfort in the words of Kaddish, beseeching the coming of God’s Final Redemption, and at the same time seeking to honour the poor souls of the murdered. It therefore isn’t surprising that Rabbi Elazar of Worms is the first to speak of Kaddish for the dead, as his hometown of Worms (along with the town of Speyer) was among the first to be attacked, in May of 1096.

It is important to remember that Rabbi Elazar was a member of the Hasidei Ashkenaz, the “German Pietist” movement known for its mysticism and asceticism (not to be confused with the much later Hasidic movement). The Hasidei Ashkenaz would have been particularly well-versed in Heikhalot and Midrashim. Everything points to this group as being the true originators of reciting Kaddish for the dead.

The practice spread from there. Indeed, there was a great deal of Jewish migration in those turbulent times. For example, one of the greatest Ashkenazi sages, Rabbeinu Asher (c. 1250-1327), was born in Cologne, Germany, but fled persecution and settled in Toledo, Spain. His renowned sons, Rabbi Yakov ben Asher (Ba’al HaTurim, c. 1269-1343), and Rabbi Yehudah ben Asher (c. 1270-1349) continued to lead the Sephardic Jewish community of Toledo. And it was there in Toledo that was born one of the greatest of Sephardi sages, Rabbi Yosef Karo (1488-1575), author of the Shulchan Arukh, still the primary code of Jewish law.

In the Shulchan Arukh we read how reciting Kaddish at a funeral is a must (Yoreh De’ah 376:4). We are then told that there is a custom based on the Midrash to continue reciting Kaddish for twelve months, though only for a parent, and possibly only for a father. The reasoning for the latter is entirely different: since it is a father’s obligation to teach his son Torah, by reciting Kaddish the son demonstrates that the father had fulfilled the mitzvah, and left behind a proper Jewish legacy.

It is quite amazing to see that as late as 500 years ago, Mourner’s Kaddish was still defined in very narrow terms, and described as more of a custom based on Midrash than an absolute halachic necessity. How did it transform into a supreme Jewish prayer?

Enter the Arizal

As with many other Jewish practices we find so common today, it looks like it was the influence of the Arizal (Rabbi Isaac Luria, 1534-1572), history’s foremost Kabbalist, that made the Mourner’s Kaddish so universal, and so essential. Fittingly, he was the perfect candidate for the job, being the product of an Ashkenazi father and a Sephardi mother, and ending his life as the leader of the Sephardi sages of Tzfat.

The Arizal discussed the mysteries of Kaddish at great length. Like most of his teachings, they were put to paper by his primary disciple, Rabbi Chaim Vital (1543-1620). The latter devotes a dozen dense pages to Kaddish in Sha’ar HaKavanot. He first explains the various forms of Kaddish recited during the regular prayer services. In brief, we find that Kaddish is recited between the major prayer sections because each part of the prayer is associated with a different mystical universe, and a different Heavenly Palace, and Kaddish facilitates the migration from one world to the next.

Recall that Kabbalah describes Creation in four universes or dimensions: Asiyah, Yetzirah, Beriah, and Atzilut. The four sections of prayer correspond to the four ascending universes: the morning blessings and the first prayers up until Hodu correspond to Asiyah; the Pesukei d’Zimrah corresponds to Yetzirah; the Shema and its blessings parallel Beriah; and the climax of the prayer, the Amidah, is Atzilut, the level of pure Divine Emanation. For this reason, the Amidah is recited in complete silence and stillness, for at the level of Atzilut, one is entirely unified with God.

The Arizal delves in depth into the individual letters and gematrias of Kaddish, its words and phrases, and how they correspond to various names of God and Heavenly Palaces. He relays the proper meditations to have in mind when reciting the different types of Kaddish, at different stages of prayer. To simplify, the Arizal teaches that Kaddish helps us move ever higher from one world to the next, and more cosmically, serves to elevate the entire universe into higher dimensions. We can already see how this would be related to assisting the dead, spiritually escorting the soul of the deceased higher and higher through the Heavenly realms.

More intriguingly, Rabbi Vital writes that Kaddish is meant to prepare the soul for the Resurrection of the Dead. He goes on to cite his master in saying that Kaddish should be recited every single day, including Shabbat and holidays, for an entire year following the passing of a parent. He says that Kaddish not only helps to free a soul from Gehinnom, but more importantly to help it attain Gan Eden. It elevates all souls, even righteous ones. This is why one should say Kaddish for a righteous person just as much as for a wicked person, and this is why it should be said even on Shabbat (when souls in Gehinnom are given rest). Rabbi Vital then says how the Arizal would also say Kaddish every year on the anniversary of his father’s death, which is now the norm as well.

Ironically, while Kaddish began as an Ashkenazi custom, Rabbi Vital writes that the Arizal made sure to recite Kaddish according to the Sephardi text!

Repairing the World

Another interesting point that Rabbi Vital explains is why Kaddish is in Aramaic, and not Hebrew like the rest of the prayers. He reminds us the words of the Zohar that both Hebrew and Aramaic are written with the exact same letters because these are the Divine Letters of Creation, but Hebrew comes from the side of purity and holiness, while Aramaic is from the “other side” of impurity and darkness. Hebrew is the language of the angels, while Aramaic is the language of the impure spirits. The angels speak Hebrew, but do not understand Aramaic, while their antagonists speak Aramaic, and do not understand Hebrew. When we learn Torah and Mishnah, in Hebrew, we please the angels who take our words up to Heaven. When we learn Talmud and Zohar, in Aramaic, we destroy those dark spirits who cannot stand the fact that a person is using their tongue for words of light and holiness.

The same applies to our prayers. The bulk of our prayers are in holy Hebrew, the language of angels. Kaddish is in Aramaic because it is meant to elevate us, and the universe around us, into higher dimensions. In this vital task, we cannot risk elevating the impure spirits along with us, contaminating the upper worlds. Thus, by saying it in Aramaic, we push away the impure spirits who are unable to withstand us using their language in purity. Those evil forces are driven away, and we can ascend and rectify in complete purity.

This, in brief, is the tremendous power of Kaddish. This is why we recite it so many times over the course of the day. And this is why every Jew is so mysteriously drawn to this prayer and ritual, possibly above all others. Deep inside the soul of every Jew—regardless of background, denomination, or religious level—is a yearning to repair the world, to destroy the impure, to uplift the universe, and to recite loudly: “May His great Name be blessed forever and for all eternity…”

The Jewish View on Cards and Gambling

In this week’s parasha, Matot-Massei, we read how the Israelites were supposed to divide up the Holy Land between the Twelve Tribes:

And you shall inherit the land by lot according to your families; to the more [numerous] you shall give the more inheritance, and to the fewer you shall give the lesser inheritance; wherever the lot falls to any man, that shall be his…

We learn that the land of Israel was apportioned based on family size, with larger families logically receiving a larger share. Now, to determine which chunk of land a family would receive, the Israelites cast lots. The Talmud (Bava Batra 122a) describes how this was done: two urns were prepared, one containing the names of the Twelve Tribes, and the other containing the names of the various allotments of land. Elazar the High Priest would pick one name from each urn, thus designating a piece of land for a particular tribe.

Casting lots was very common in Biblical times, and is mentioned frequently in the Tanakh. For example, the Torah commands casting lots to determine which goat is sent to Azazel on Yom Kippur (Leviticus 16:8). In the Book of Jonah (1:7), the sailors on Jonah’s ship cast lots to determine who was guilty of causing the storm. In the time of King David, the kohanim were thus divided into 24 groups (I Chronicles 24). Haman cast lots to determine the best day to attack the Jews, and this is why the holiday is called “Purim”, since purim was the Persian word for “lots” (Esther 3:7).

Casting lots suggests a large degree of chance or randomness in the process. Yet, people of faith are naturally quite averse to the concept of random chance, for isn’t everything determined by God? Not surprisingly, the word “lot” (goral) also takes on the meaning of “fate” in the Tanakh. For instance, Isaiah (17:14) prophesies: “At evening there will be terror, and before morning they are not. This is the portion of them that spoil us, and the goral of them that rob us.” The ultimate fate of those that harm the Jewish people will be utter destruction. The Sages, too, were uncomfortable with the idea of dividing the Holy Land by seemingly random lots. They therefore stated (ibid.) that the lots were really just a show for the people to see what God intended. In reality:

Elazar was wearing the Urim and Tumim, while Joshua and all Israel stood before him… Animated by the Holy Spirit, he gave directions, exclaiming: “Zevulun” is coming up and the boundary lines of Acco are coming up with it. [Thereupon], he shook well the urn of the tribes and Zevulun came up in his hand. [Likewise] he shook well the urn of the boundaries and the boundary lines of Acco came up in his hand…

Elazar would prophetically see which tribe needed which land, and when he then shook the urns those exact pairs that he foresaw would emerge! So, the process was not random at all, but simply a materialization of the Divine Will. Still, the Sages insist that in the messianic era the Holy Land will not be apportioned through this method of casting lots, but rather “The Holy One, blessed be He, Himself, will divide it among them; for it is said [Ezekiel 48:29], ‘And these are their portions, says the Lord God.’”

If the Sages were not fond of casting random lots by chance, how would they feel about playing games of chance and gambling?

Gambling in the Talmud

In 1999 and 2000, the Muslim Waqf (Temple Mount authority) dug up 9000 tons of Temple Mount soil and unceremoniously dumped it in the Kidron Valley, creating one of the largest archaeological catastrophes in history. Thankfully, archaeologists did not give up on this precious soil, and began the “Temple Mount Sifting Project”. Among the many incredible finds are these Second Temple-era playing dice.

In a list of people that are ineligible to serve as witnesses or as judges, the Mishnah includes a mesachek b’kubia, a person who plays with dice, and mafrichei yonim, “pigeon flyers”. According to the Talmud, the latter most likely refers to people who bet on pigeon races, which were apparently common in those days. We know from historical sources that gambling with various dice games was very popular in Greek and Roman times. The Talmud (Sanhedrin 24b) goes on to discuss what the problem with such people is.

Rami bar Hama teaches that the issue with gambling is that it is essentially built on a lie: each player agrees to pay a certain sum of money if they lose, yet they hope (and fully intend) not to lose at all! That means the initial agreement made by the players is not even valid. The losing gambler is entirely dejected, and gives up their money reluctantly, often with a nagging feeling of being robbed or cheated out of their money.

Rav Sheshet disagrees. After all, there may be some people who are not so sad to part with their money, or are simply addicted to the game itself. Whatever the case, Rav Sheshet holds that gambling is inappropriate because it is a terribly unproductive waste of time, and the gambler contributes nothing to “the welfare of the world”. This is why, Rav Sheshet says, the Mishnah above concludes by saying that only a full-time gambler is prohibited, but one who has an actual job and just plays for fun on the side is permitted.

Nonetheless, Rav Yehudah holds that regardless of whether the gambler has an occupation or not, or whether he is a full-time player or not, a gambler is disqualified from being a kosher witness or judge. Rav Yehudah bases his statement on a related teaching of Rabbi Tarfon, and on this Rashi comments that a gambler is likened to a thief. The Midrash is even more vocal, saying that gamblers “calculate with their left hand, and press with their right, and rob and wrong one another” (Midrash Tehillim on Psalm 26:10).

The Talmud (Sanhedrin 25b) goes on to state that the prohibitions above don’t only refer to a literal dice-player, but any kind of gambler, including one who plays with pebbles (or checkers), and even with nuts. The Sages state that such a person is only readmitted when they do a complete repentance, and refuse to play the game even just for fun without any money!

Halachically-speaking, the Shulchan Arukh (Choshen Mishpat 370:2-3) first states that any kind of gambling is like theft and is forbidden, but then suggests that while it may not exactly be theft it is certainly a waste of time and not something anyone should engage in.

A Ban on Gambling

While the Talmud does not explicitly forbid gambling, later rabbis recognized its addictive nature and sought to ban the practice entirely. In 1628, for example, the rabbis of Venice issued a decree (to last six years) excommunicating any Jew who gambled. Part of the motivation for this decree was the case of Leon da Modena (Rabbi Yehudah Aryeh of Modena, 1571-1648).

Rabbi Leon Yehudah Aryeh da Modena

Born in Venice to a family of Sephardic exiles, da Modena went on to become a respected rabbi and the hazzan of Venice’s main synagogue for forty years. A noted scholar, he wrote about a dozen important treatises. In Magen v’Herev, he systematically tore down the major tenets of Christianity, while in Ari Nohem he sought to discredit Kabbalah and prove that the Zohar has no ancient or divine origin. (The latter is probably why he isn’t as well-known in Jewish circles today as he should be.)

In 1637, he published Historia de’riti hebraici, an overview of Judaism for the European world, meant to dispel myths about Judaism and quell anti-Semitism. Historians credit this with being the first Jewish text written for the non-Jewish world in over a millennium, since the time of Josephus. The book was incredibly popular, and played a key role in England’s readmitting Jews to the country in the 1650s (after having being expelled in 1290).

More pertinent to the present discussion, Rabbi da Modena wrote Sur miRa (“Desist from Evil”), outlining the problems with gambling. He would know, since he was horribly addicted to gambling himself. He wrote of this problem in his own autobiography, Chayei Yehudah. And because such a high-profile sage was a gambler, his rabbinic colleagues in Venice issued that decree to ban any form of gambling.

Rabbi da Modena’s game of choice was cards. At that point in time, playing cards had become wildly popular in Europe. First invented in China in the 9th century, playing cards slowly made their way across Asia, and reached Europe around 1365. They have remained popular ever since, both for gambling and non-gambling games. While it is clear from an halachic standpoint that card games involving money (like Poker or Blackjack) should not be played, is it permissible to play non-gambling card games (like Crazy Eights or Go Fish)?

At first glance, it may not seem like there should be a problem with this. Yet, some rabbis have recently spoken out against all playing cards. Usually, this prohibition is connected not to gambling or wasting time, but rather to cards’ apparent origins in idolatry or the dark arts. Although it is true that some types of cards are used in divination and fortune-telling, it is important to examine the matter in depth and determine whether cards really are associated with forbidden practices.

The History of Playing Cards

Mamluk Cards

The exact origins of cards are unclear. We do know that they come from China, where paper and printing were invented. Card games are attested to in Chinese texts as early as 868 CE. In the 12th and 13th centuries, the Muslims brought cards across Asia. They were particularly popular in Egypt during the Mamluk Sultanate (1250-1517). The Mamluks created the first modern-style deck of 52 cards with 4 suits. The suits were sticks, coins, swords, and cups. In the 15th century, Italians started to make cards of their own, with the suits being leaves, hearts, bells, and acorns. The French had three-leaf clovers for leaves, square tiles (or diamonds) for bells, and pikes for acorns. Although these suit symbols remained, the English names reflect the earlier suits of sticks (“clubs”) and swords (“spades”).

The Muslim Mamluks did not draw any faces on their court cards (since depicting faces in art is forbidden in Islam). The Europeans did not have this issue, and adapted the Muslim court cards of malik (king), malik na’ib (deputy king), and thani na’ib (second deputy) to king, queen, and prince or knight (“jack”). In 16th century France, the four kings were depicted as particular historical figures: the King of Spades was King David, the King of Clubs was Alexander the Great, the King of Hearts was Charlemagne, and the King of Diamonds was Julius (or Augustus) Caesar.

We see that playing cards have no origins in idolatry. The style of cards we know today were developed by staunchly monotheistic Muslims. They were further developed by mostly non-religious European renaissance printers, against the wishes of the Church which sought to ban cards on a number of occasions. Neither are playing cards known for being used in fortune-telling. However, a related type of card is used in divination today.

Tarot Cards and Kabbalah

In 15th century Italy, a different type of playing card developed. These were called trionfi, later tarocchi, and finally “tarot cards”. They, too, have four suits, but with 56 cards. These were, and still are, used for a number of different games, just like regular playing cards are. Outside of Europe, tarot cards are not well-known, and are generally associated with fortune-tellers.

In reality, the earliest mention of tarot cards being used in divination is only from 1750, and it was essentially unheard of until the late 19th century. Besides, most diviners actually use a different deck of 78 cards. Of course, such divination is entirely forbidden according to the Torah. So, it seems like some well-meaning rabbis have confused these tarot cards with regular playing cards. Ironically, many occultists actually claim that tarot cards come from Kabbalah!

The Tarot “Tree of Life” (Credit: Byzant.com)

These occultists tie the 22 additional divination cards to the 22 letters of the Hebrew alphabet and the 22 paths on the mystical “Tree of Life”. The ten numeral cards (naturally) correspond to the Ten Sefirot, while the four suits correspond to the four olamot, or universes. Finally, the four court cards and the ace represent the five partzufim (with the king and queen appropriately being Aba and Ima). While these parallels are neat, there is absolutely no known historical or textual basis to support these claims. Tarot cards have nothing to do with traditional Kabbalah or Jewish mysticism. (There is a concept in Kabbalah of a negative set of Ten Sefirot belonging to the Sitra Achra, so perhaps there is some connection between these tarot cards and certain evil spiritual forces.)

Having said all that, to forbid playing with cards (or even standard tarot cards) just because some people recently started using them in divination is like forbidding drinking coffee because some people recently started divining with coffee (a practice called “tassology” or “tasseography”). While playing cards copiously is certainly a waste of time, there is nothing wrong with the occasional—no gambling—game.

Ba’al HaTurim

It is fitting to end with the words of the Ba’al HaTurim (Rabbi Yakov ben Asher, c. 1269-1343) who writes in his commentary on the Torah (Tur HaAroch on Deuteronomy 1:1) that Moses himself cautioned Israel about gambling in his final speech before passing away:

Before Moses got ready to relate all these various commandments, he used the present opportunity, a few weeks before his death, to admonish the people, and to remind them of past sins, and how they had caused Hashem a lot of grief during these years. He reminded them how God had treated them by invoking His attribute of mercy and loving kindness time and again. He warned them not to become corrupt again by gambling… They should not rely on the fact that because they were human they were bound to err and sin from time to time and that God, knowing this, would overlook their trespasses.

The Right Way to Observe the “Three Weeks”

‘The Flight of the Prisoners’ by James Tissot, depicting the Jewish people’s exile after the destruction of the First Temple.

This Sunday marks the start of the “Three Weeks” between the fast days of the seventeenth of Tamuz and the ninth of Av. The Talmud describes five tragedies that happened on each of these fast days, culminating with the destruction of both Holy Temples in Jerusalem on Tisha b’Av. Over the centuries, many customs have emerged with regards to this time bein hameitzarim, “between the straits”. Today, it has essentially become a three-week mourning period—even though the Talmud and other early texts say nothing about it. Furthermore, many have come to believe that this is an “unlucky” or “dangerous” time for the Jewish people, and thus abstain from various activities. What is the origin of these customs and how should they be followed?

Surprises in the Talmud

Throughout the Three Weeks period it is customary to abstain from shaving and haircuts, as well as listening to music. Generally, weddings are not held (with minor exceptions), and saying the blessing of shehecheyanu (on new clothes, fruits, or other) is discouraged. The mourning intensifies once the month of Av begins. Henceforth, the consumption of meat and wine is restricted, as is bathing for pleasure, doing laundry, or purchasing valuable new things. The source for most of these prohibitions is in the Talmud (Ta’anit 26b-30a), where we read:

With the beginning of [the month of] Av, rejoicing is curtailed. During the week in which the ninth of Av falls, it is forbidden to cut hair and to wash clothes, but on Thursday it is permissible in honour of the Sabbath. On the eve of the ninth of Av, one may not partake of a meal of two courses, nor eat meat, nor drink wine.

The Mishnaic statement above simply states that once the month of Av begins, one must lessen their joy. This would presumably include going to parties and weddings, and listening to music (which, in those days, could only be enjoyed live). Still, it is only speaking of the first days of Av, not of a three week period from the seventeenth of Tamuz. The Mishnah then states that in the actual week in which Tisha b’Av falls, one should abstain from haircuts and laundry (of course, this is permissible if preparing for Shabbat, the honour of which is greater than any mourning custom). The Talmud then debates this Mishnah:

…it is forbidden to cut the hair and to wash clothes from the beginning of the month until after the fast—this is the opinion of Rabbi Meir. Rabbi Yehudah says: It is forbidden the whole month. Rabban Shimon ben Gamaliel says: It is forbidden only on that particular week. … Rava said: The halachah is according to Rabban Shimon ben Gamaliel. And Rava further said: The halachah is according to Rabbi Meir. And both decisions are in favour of the more lenient practice, and both are needed [to be stated]. For had it only been stated that the halachah is according to Rabbi Meir, I might have said that the restriction is in force from the beginning of the month, therefore it is also clearly stated that the halachah is according to Rabban Shimon ben Gamaliel. And had it only been stated that the halachah is according to Rabban Shimon ben Gamaliel, I would have said that the restriction continues even on the days after [Tisha b’Av], therefore it is clearly stated that the halachah is according to Rabbi Meir.

There were three schools of thought in those days: Rabbi Meir held that we mourn from the start of Av until the fast; Rabban Shimon that we only mourn during the week of Tisha b’Av itself; and Rabbi Yehudah was the most stringent, holding that the entire month of Av is mournful. The halacha originally favoured Rabban Shimon, however this presented an ambiguity: If we are meant to mourn in the week of Tisha b’Av, does that mean we must continue to mourn for the remainder of the week after the fast is over? To clarify, Rava combines the view of Rabban Shimon and Rabbi Meir, and concludes that we mourn until the fast, and not after. For this reason, today’s custom is to intensify the mourning practices in the week of Tisha b’Av itself.

Finally, the Mishnah states that in the very last meal one eats before the fast begins, they should avoid meat and wine. The Talmud once more elaborates:

Rav Yehudah said: This restriction applies to any time after midday, but not to any time before midday. Rav Yehudah further said: It applies only to the concluding meal [before the fast] but not to any other meal… One who has a meal on the eve of Tisha b’Av with the intention to have another meal [later], he may eat meat and drink wine; but if not, he may not eat meat nor drink wine.

The Talmud makes it clear that one need only abstain from meat and wine in the very last meal before the fast begins. There is no Talmudic basis for avoiding meat and wine from Rosh Chodesh Av. In fact, the Talmud goes on to state that while Rabbi Meir said one should avoid meat and wine in that final meal, the rest of the Sages said one should only lessen his consumption of meat and wine:

How should one restrict? If he was in the habit of eating one pound of meat he should eat one half only; if it is his usual practice to drink one log of wine he should drink one half log only…

The Talmud later clarifies that salted meat and new wine is always permitted. It is only fresh meat and the finer, aged wine that shouldn’t be consumed! Despite this, many Jewish communities became more and more stringent over the centuries, and took upon themselves to avoid all meat and wine from the start of the month. Rav Ovadia Yosef held that since it is already an ancient custom, it should be continued. Interestingly, the Yemenite Jews had no such custom, and only abstained from meat and wine in that final meal before the fast, as the Talmud requires. Nonetheless, Rav Ovadia encouraged them to take on the more stringent custom, especially because now they were living in Israel where destruction of the Temple is felt more pressingly.

The Talmud also mentions the custom of bathing:

At the meal intended to be the concluding one before Tisha b’Av, it is forbidden to eat meat or to drink wine, or to bathe after the meal. At the meal which is not intended to be a concluding meal prior to Tisha b’Av, it is permissible to eat meat and to drink wine, but not to bathe. Rabbi Ishmael bar Yose said in the name of his father: So long as it is permissible to eat meat it is also permissible to bathe.

The Talmud at first suggests that bathing may be one of those things one shouldn’t do the week of Tisha b’Av. Rabbi Ishmael comes to conclude that as long as eating meat is allowed, so is bathing. Thus, from a Talmudic perspective alone, bathing is permitted right up until the final meal of Tisha b’Av.

Laying Down the Law

The Rambam, aka. Maimonides

In the 12th century, the Rambam (Rabbi Moshe ben Maimon, 1135-1204) produced his monumental Mishneh Torah, the first complete, comprehensive, and conclusive Jewish book of laws. While many more law books have been laid out since then, the Mishneh Torah is often seen as the gold standard. Some hold that it is the greatest law code in Judaism (with the Rambam regularly compared to Moses himself), and many today consider themselves “Rambamists” that strictly follow the dictates of the Mishneh Torah.

There are many reasons why the Mishneh Torah is so great. For one, the Rambam wrote it succinctly, clearly, with no grey areas, and covering every aspect of Judaism. (In fact, he himself writes that one need only read Scripture and his Mishneh Torah to know essentially everything about Judaism!) Secondly, the Rambam did not include any customs of non-Jewish origin or of an irrational nature, of which there are unfortunately quite a great deal today. He was perfectly logical and practical in his halacha. On a related note, the Rambam completely avoided anything Kabbalistic, mystical, or magical. He utterly rejected the belief in evil spirits and demons that would later become so popular (mainly due to Christian and Muslim influence). Thus, the Rambam’s law code may be described as a pure, unadulterated compendium of authentic Judaism. (For more on the Mishneh Torah’s supremacy, see here.)

With that in mind, this is what the Mishneh Torah (Hilkhot Ta’aniot, 5:6-8) says about the Three Weeks:

When the month of Av enters, we reduce our joy. During the week of Tisha b’Av, it is forbidden to cut one’s hair, to do laundry, or to wear a pressed garment—even one of linen—until after the fast.

It has already been accepted as a Jewish custom not to eat meat or enter a bathhouse during this week until after the fast… One should not eat meat or drink wine at the meal before the fast. One may, however, drink grape juice that has not been left [to ferment] for three days. One may eat salted meat that was slaughtered more than three days previously. One should not eat two cooked dishes.

When does the above apply? When one ate in the afternoon on the day preceding Tisha b’Av. If, however, one eats a meal before noon, although this is the last meal one eats before the fast, one may eat all that one desires.

When the day before Tisha b’Av falls on the Sabbath, one may eat and drink to the full extent of one’s needs, and one may serve even a meal resembling Solomon’s feasts at one’s table. Similarly, when Tisha b’Av falls on the Sabbath, one need not withhold anything at all.

We see from the Rambam that all of the prohibitions really only kick in the week of Tisha b’Av itself. He rules that one is only forbidden from partaking meat and wine in the afternoon of the day preceding Tisha b’Av, though there is an established custom to avoid meat the entire week. And if Tisha b’Av falls on Shabbat (as it does this year), then there is essentially no mourning at all. This last statement likely reflects the position of Rabbi Yehudah haNasi (the redactor of the Mishnah), who said that the fast of Tisha b’Av should be entirely cancelled if it falls on Shabbat. (Others say he wanted to abolish the fast entirely!)

If that’s the case, how did we go from minimal mourning in the time of the Talmud—and even in the time of the Rambam just 800 years ago—to today’s extensive three week period?

The Influence of Midrash and Kabbalah

On Tisha b’Av it is customary to read Megillat Eichah, the Book of Lamentations. This is the prophet Jeremiah’s gruesome account of Jerusalem’s destruction. Jeremiah writes: “Judah went into exile because of affliction and great servitude; she settled among the nations, [and] found no rest; all her pursuers overtook her bein hameitzarim [between the straits].” (Lamentations 1:3) Rashi cites two meanings for the term “between the straits” or “between the boundaries”. The simple meaning is that it refers to the borders of the Jewish people’s former farms and vineyards which have been destroyed. He then cites the Midrash by stating that “between the straits” also refers to the three week period between the seventeenth of Tamuz and Tisha b’Av.

An artist’s rendition of the hairy and ocular “Ketev Meriri”

Going directly to the source, the Midrash (Eichah Rabbah 1:29) suggests that “her pursuers overtook her bein hameitzarim” means that there is an evil spirit that is particularly strong during the Three Weeks, and has the power to pursue and hurt the Jewish people. The Midrash calls this evil spirit Ketev Meriri (קֶטֶב מְרִירִי), which is mentioned just a single time in the Torah (Deuteronomy 32:24), in parashat Ha’azinu: “The wasting of hunger, and the devouring of the fiery bolt, and Ketev Meriri; and the teeth of beasts will I send upon them, with the venom of crawling things of the dust.” Although usually translated as “bitter destruction”, or a “plague”, or “bad vapour”, some hold that Ketev Meriri is some kind of evil entity or demon out to hurt the Jewish people.

The Midrash in question says it is a demon entirely covered with eyes and hair, and anyone who looks upon it immediately dies. While it is allowed to roam free during the Three Weeks, it is only active “between the end of the fourth hour and the start of the ninth hour of the day, and it goes neither in the sun nor in the shade, but right along the border between a sunny and shaded area.” So, this Ketev Meriri is only found for several hours in the day during the Three Weeks, and can only cause damage if a person is standing or walking, alone, right between a sunny and shaded area! This sounds like silly superstition, which is precisely why the Rambam rejects it outright.

Maran Yosef Karo, aka. the “Mechaber”

Nonetheless, it is mentioned in the Shulchan Arukh (Orach Chaim, 551:18), which warns to beware of Ketev Meriri during the Three Weeks, between the fourth and ninth hour of the day. It is important to remember that the Shulchan Arukh was composed by Rabbi Yosef Karo (“Maran”, 1488-1575), one of the great Tzfat Kabbalists. Although some believe that he, too, sought to keep his updated law code free of Kabbalah, one who reads the Shulchan Arukh will undoubtedly see how thoroughly mystical concepts and practices permeate it. This is one key difference between the Rambam’s Mishneh Torah and Maran’s Shulchan Arukh. Of course, the latter went on to become the authoritative law code of Judaism.

It therefore isn’t surprising that a great deal of (superstitious) fear developed among Jews, worrying that something horrible will happen. Over time, it became customary to avoid going swimming, partaking in any kind of “risky” activity, or even flying in an airplane. Under such conditions, it is only natural that the entire Three Week period became one of pretty intense mourning.

Yet, even the Shulchan Arukh does not speak of such intense mourning. It, too, begins by speaking of mourning from the start of Av. And it is only in the week in which Tisha b’Av itself falls that haircuts and laundry are prohibited (Orach Chaim, 551:3). The same is true for consuming meat and wine, although Maran mentions other customs to abstain from meat and wine from Rosh Chodesh, or even from the seventeenth of Tamuz. He concludes that one who eats meat when his community does not is a sinner and will be—to borrow a Talmudic term—“bitten by a snake” (if he wasn’t already scared enough from Ketev Meriri).

The Shulchan Arukh also lists two different customs for bathing: some abstain from Rosh Chodesh, and others only in the week of Tisha b’Av. And then we are told that some fast every single day during the Three Weeks! (551:16) We see how unlike the Rambam’s Mishneh Torah, which is clear as to precisely how a Jew should act, the Shulchan Arukh lists numerous customs without a clear indication which is best. This is another critical difference between the two law codes.

Summarizing the Law

To conclude, if one wants to observe the mourning period strictly as mandated by the Talmud, Mishneh Torah, and even the Shulchan Arukh, one need only abstain from music and festivities from the start of Av, and abstain from bathing, cutting hair, and laundering in the week of Tisha b’Av itself. With regards to meat and wine, although the letter of the law is only to abstain in the last meal before the fast, there is support for abstaining the entire week of Tisha b’Av, and the Shulchan Arukh holds that a person should not deviate from whatever is their local custom.

On the note of bathing and cutting hair or shaving, it is important to remember how great the honour of Shabbat is: While mourning may be an important custom, looking presentable and dignified on Shabbat is actually an halachic requirement. The Talmud makes it clear that one must bathe and cut their hair for Shabbat—even on a Thursday immediately preceding a Tisha b’Av which falls on a Friday. (This is technically not possible in our fixed calendar, but was possible in those days). The Sephardic custom reflects this halachic necessity, while the Ashkenazi custom strangely does not. Rav David Bar-Hayim, despite being of Ashkenazi background himself, holds that the Ashkenazi custom of abstaining from haircuts for the entire Three Weeks—which he traces to about 600 years ago—is plainly wrong and contrary to halacha.

Finally, there is no need to fear of calamities during the Three Weeks, unless one conducts themselves according to Kabbalah, in which case they may need to beware of Ketev Meriri between the fourth and ninth hour of the day, especially if walking alone between sunny and shaded areas.

Secrets of the Pesach Seder Plate

This Friday evening marks the start of Passover. At the Passover seder, it is customary to have a plate upon which all the symbolic Passover foods are placed. According to one arrangement, on the top right we place the zeroa bone; parallel to it on the left is an egg; then the maror (bitter herb) in the centre; the sweet charoset on the bottom right, opposite the karpas vegetable; and in the bottom centre the chazeret, horseradish or another serving of maror (which is used in the korech “sandwich”). In addition, we have three matzahs and the cup of wine, to be filled four times. What is the significance of these Pesach elements?

The zeroa represents the fact that God took us out of Egypt “with an outstretched arm” (b’zeroa netuya), as the Torah states. It also represents the korban pesach, the Pesach offering that would be brought and consumed in the days of the Temple. For this reason, it is best to have a zeroa from a lamb shank, since the Pesach offering was a lamb. The lamb itself was in commemoration of the fact that the Israelites smeared the blood of the lamb on their doorposts on the eve of their Exodus, to protect their homes from the tenth and final plague. It was a lamb in particular because the astrological sign for the month of Nisan is Aries, a ram or sheep. This is tied to Egyptian idolatry, where a number of Egyptian gods were depicted as ram-headed, or with the horns of a ram, including Khnum and Osiris. The slaughter of a lamb was thus symbolic of destroying the idols of Egypt, like the Ten Plagues themselves (see ‘The Ten Plagues: Destroying the Idols of Egypt’ in Garments of Light).

The egg symbolizes another offering brought on Passover: the chagigah, or holiday offering. This was the standard offering brought on all festivals in the days of the Temple. The reason that it is specifically an egg is because a whole egg is one of the foods traditionally consumed by mourners. (The round egg represents the cycle of life.) In this case, the egg is a symbol of mourning for the destruction of the Temple. Intriguingly, Rav Sherira Gaon (d. 1006) wrote how it is customary to eat meat, fish, and egg at the Pesach seder to represent the foods that will be eaten in the End of Days at the Feast of Mashiach. According to the Midrash, in that time the righteous will eat the fishy flesh of Leviathan, that great sea-dragon that Mashiach will slay; as well as the meat of the beast called Behemoth; and the egg of the mythical bird Ziz. So, eating an egg at the Pesach meal is symbolic of that future messianic feast.

‘Destruction of Leviathan’ by Gustav Doré

The maror famously represents the bitter oppression of the Jews, just as the Torah states that the Egyptians “embittered” (v’imareru) the lives of the Jews with mortar and brick, and hard labour (Exodus 1:14). The need to eat maror actually comes explicitly from the Torah, which commands that Jews should eat the Pesach offering together with matzah and bitter herbs (Exodus 12:8). The Mishnah (Pesachim 2:6) lists five possible maror herbs, though their identity is not entirely clear. The only one that appears to be undisputed is lettuce, and hence it is lettuce that is used for maror in Sephardic communities. Another possibility is that maror is horseradish—not the mustard-like sauce but an actual horseradish root (since maror must be a raw vegetable, as the Shulchan Arukh states in Orach Chaim 473:5). There are other traditions for maror’s identity as well.

Interestingly, the Midrash states that the consumption of maror on Pesach is one of the few things King Solomon did not understand! In Proverbs 30:18, Solomon wrote that “Three things are wondrous to me and four I do not know.” Although the passage continues to state what it is that Solomon wondered about, the Midrash (Vayikra Rabbah 30:14) has an alternate explanation: The three things wondrous to Solomon were the Pesach offering, matzah, and maror; and the four he didn’t know were the mysteries behind the four species of Sukkot!

The Mystery of Karpas and Charoset

The maror is dipped into the sweet charoset. This paste is meant to resemble the clay mortar that the Israelites used, or the mud that was baked into clay bricks. The word charoset comes from cheres, “clay”. There are vastly different traditions as to the ingredients of charoset. One tradition is to use the fruits mentioned in Shir HaShirim, the Song of Songs, among them: apples (2:3), figs (2:13), nuts (6:11), dates (7:7), wine (1:2), and cinnamon (4:14). The romantic lyrics of the Song are interpreted as an allegorical “love story” between God and Israel, and the fruits are used throughout the text in metaphorical fashion to describe that passionate love. It is particularly appropriate to use the Song of Songs recipe since it is customary to read the Song of Songs on the holiday of Pesach. (There are five megillot, “scrolls”, in the Tanakh, and each is read on a particular holiday: Shir HaShirim on Passover, Ruth on Shavuot, Eichah on Tisha b’Av, Kohelet on Sukkot, and Esther on Purim.)

Some have pointed out that charoset may have a Greek origin, as it was common to eat fruit and nut mixtures in the Greek symposia, which the Pesach seder might be loosely modelled on. Similarly, karpas has a Greek etymology (as does afikoman) and means “vegetable”. This vegetable can be celery, parsley, water cress, green onion, or even boiled potato. It is commonly said that the karpas symbolizes, once again, the difficult labour of the Jews. In the word karpas (כרפס) appear the letters פ-ר-כ, as in the Torah’s statement that the Egyptians worked the Israelites בפרך, b’farekh (Exodus 1:13), exceedingly hard. It is customary to dip the karpas in salt water, which represents the tears of the Israelites.

Having said that, there may be a better explanation for the karpas, and its secret lies in an alternate custom to dip it not in salt water, but in wine vinegar. The Hebrew word karpas (כרפס) actually appears in one place in the Tanakh. This is in Esther 1:6, amidst a description of the feast of King Ahashverosh, where his palace was draped with chur karpas u’tekhelet (חור כרפס ותכלת), “white linen and blue thread”. So, while the Greek karpos means “vegetable”, the Hebrew karpas means “linen” or “fabric”. Dipping the karpas in wine vinegar is therefore like dipping clothing in blood, symbolizing the tunic of Joseph which his brothers dipped in blood and presented to their father Jacob. It was that act which sparked the sequence of events leading to the Israelites descent to Egypt, and their ultimate enslavement.

The sixth spot on the seder plate is sometimes missing altogether, and other times holds horseradish (sometimes the creamy kind), salt water (for dipping karpas), or another serving of maror which is used in the korech, the “sandwich” made up of matzah, charoset, and maror. As the Haggadah states, this was the custom of the great Hillel, who used to make such a sandwich to literally fulfil the word of the Torah to eat the Pesach offering together with matzah and bitter herbs.

In addition to the plate, we have three matzahs. These symbolize the three patriarchs—Abraham, Isaac, and Jacob—as well as the three divisions of the Jewish nation—Kohen, Levi, and Israel. (We have explored in the past why it is the middle matzah, corresponding to Isaac, that is broken in half.) They can also be said to symbolize the three siblings who led the Exodus: Moses, Aaron, and Miriam.

The Four Cups

The four cups of wine symbolize the four expressions of salvation that the Torah uses (Exodus 6:6-8) in describing the Exodus:

I am Hashem, and I will [1] bring you out from under the burdens of the Egyptians, and [2] I will deliver you from their bondage, and [3] I will redeem you with an outstretched arm, and with great judgments; and [4] I will take you to Me for a people, and I will be to you a God; and you shall know that I am Hashem your God, who brought you out from under the burdens of the Egyptians. And I will bring you to the land, concerning which I lifted up My hand to give it to Abraham, to Isaac, and to Jacob; and I will give it you for a heritage: I am Hashem.

We see a fifth expression here, too—“and I will bring you to the land…” This is why we do pour a fifth cup, but we do not drink it. It is left for the prophet-turned-angel Eliyahu. In the Talmud, it is common for the rabbis to leave an unsettled debate “for Eliyahu”, who will come in the Messianic days and finally resolve all the Talmudic disputes. Since there is a debate whether to drink four or five cups of wine on Pesach (based on a variant text in Pesachim 118a), we drink four and leave a fifth “for Eliyahu”. The deeper meaning behind the debate here is whether our salvation is complete or not. Although we were taken out of Egypt, Jews have continued to experience oppression for centuries ever since. We will not be totally redeemed until the coming of Mashiach. Our presence in the Holy Land will not be secured until then either. This is why the fifth cup is for Eliyahu, who is the harbinger of Mashiach.

It has also been pointed out that in Genesis 40:11-13, Pharaoh’s cupbearer mentions a cup four times in his dream. Joseph interpreted the cupbearer’s dream in the positive, and prophesied that he shall return to his position, while the Pharaoh’s baker would be put to death. Joseph asked the cupbearer that he remember Joseph and help to get him out of his imprisonment. Although the cupbearer forget all about Joseph, he later remembered the young dream interpreter when the Pharaoh’s own dream was inexplicable. This led to Joseph’s release from prison, his ascent to Egyptian royalty, and the eventual settlement of his family in Egypt, leading to their enslavement. So, the dream of the “four cups” sets in motion the events that lead to Israel’s descent to Egypt.

Likewise, when Joseph tests his siblings and places his special goblet in the bag of Benjamin (Genesis 44), the word “goblet” is mentioned four times. Better yet, the numerical value of “goblet” (גביע) is equal to the value of “cup” (כוס) when including the kollel. And the value of “cup” (כוס) itself is 86, which is the number of years that Israel was enslaved. (Israel was in Egypt a total of 210 years, of which the first 94 were peaceful. Then came 30 years of persecution, followed by 86 years of hard slavery. For a detailed analysis see ‘How Long Were the Israelites Actually in Egypt?’)

Some say the four cups parallel the four types of kelipah, the impure “husks” in Creation. Kabbalistic texts often speak of Pharaoh as the ultimate force of kelipah. It just so happens that the Torah speaks of four pharaohs altogether: the first Pharaoh was the one Abraham encountered upon his descent to Egypt; the second was the one that took Joseph out of prison and appointed him viceroy; the third was the wicked one who enslaved Israel and later decreed the drowning of the Israelite babies; and the fourth is the pharaoh at the time of the Exodus.

Yet another explanation is that the four cups correspond to the four exiles of Israel: the Babylonian, the Persian, the Greek, and the Roman. Just as we were redeemed from the oppression of Egypt, we were redeemed from the future exiles (awaiting the final redemption). Appropriately, the Arizal taught that Egypt was the root of all future exiles (Sha’ar HaMitzvot on Re’eh). Similarly, the Talmud and Midrash state (based on Exodus 14:13-14) that the Jews split into four groups when trapped between the Red Sea on one side and the approaching Egyptians on the other. There were those that lost all hope and wanted to surrender, and those that wanted to kill themselves rather than surrender; those that wished to arm themselves and fight the Egyptians, and those that simply prayed to God for salvation. Regardless of their faith or faithlessness, God saved all four groups of Jews, and we drink four cups in commemoration.

Lastly, if the three matzahs parallel the three patriarchs of Israel, then the four cups can be said to parallel the four matriarchs: Sarah, Rebecca, Rachel, and Leah. After all, the Talmud (Sotah 11b) states that “As the reward for the righteous women who lived in that generation were the Israelites delivered from Egypt.”

Sefirot of the Seder Plate

Etz Chaim, the Kabbalistic “Tree of Life”

The Arizal arranged his seder plate according to the mystical Tree of Life that depicts the Ten Sefirot. The zeroa is in the top right because this is the position of Chessed, kindness, as it represents God’s compassion in taking us out of Egypt. The egg is in the position of Gevurah, or Din, strict judgement and restraint, since it represents mourning the Temple’s destruction. (Another symbolic explanation for the egg is that it represents the Jewish people: just as an egg gets harder the more it is boiled so, too, does the Jewish nation only grow stronger the more we are “boiled” and oppressed.) The all-important maror is in the central sefirah of Tiferet, balance and truth.

The sefirot of Netzach and Hod (paralleling the legs) are charoset and karpas, symbolizing our difficult labour. The salt water, chazeret, or additional maror below is for Yesod. Finally, the plate itself is Malkhut, since Malkhut is the receptacle for all the sefirot above, just as the plate holds all the foods. Alternatively, Malkhut may correspond to the cup of wine.

Finally, at the top are the three matzot, corresponding to the upper three mochin of Chokhmah, Binah, and Da’at (or Keter). This reveals a deeper secret as to why we break the middle matzah into two halves. The middle matzah is the middle sefirah of Binah, which actually has two aspects: Binah and Tevunah. While “Binah” is simply understanding a matter, “Tevunah” is internalizing that information more deeply. Tevunah is engraving that understanding into one’s mind, and it leads to being able to apply that knowledge in real world situations. Thus, we end the seder with the consumption of the afikoman—the Tevunah half—as we wish to not only understand what was discussed at the seder, but to internalize it on the deepest of levels.

Chag Sameach!