Hakirah: The Flatbush Journal of Jewish Law and Thought

Religion & Spirituality

Mandel, David

Zelcer, Heshey

Zivotofsky, Ari Z.

Ron, Zvi

Buchman, Asher Benzion

Kaplan, Lawrence

Guttmann, David

Meyer, Gedalia

Messner, Henoch

Warburg, A. Yehudah

Judaism

Hakirah

Thirteen thoughtful articles on Jewish law and thought: eleven in English and two in Hebrew. Topics include: The eruvin in Brooklyn; Shemoneh Esreh as it was recited in the year 220; dating the Exodus from Egypt; two myths regarding German Jewry; the biblical view of slavery during the Civil War and now; and the native American custom of potlatch and how it manifests itself in the Jewish community.

Brown, Jeremy

Mintz, Adam

Epstein, Sheldon

Farkas, David S

Jaffe, Yaakov

Landa, Judah

Plaut, Mordecai

Weinstein, Yaakov S.

Challenges to the tenets of Judaism abound in the modern world. Scientific discoveries and theories sometimes seem to negate fundamental principles of the Torah and often call into question the reasoning be-hind individual halakhot. Humanist values and widely accepted ethical norms sometimes clash with Torah thought and the teachings of our Rabbis. This edition of Hakirah focuses on these clashes and the different approaches taken both recently and historically to confront modernity. A recent book by a prominent Rosh Yeshiva who is also an accomplished mathematician takes an extreme position in the “Torah and Science” debate that has been waging within the Torah community for almost ten years. His position is that Hazal were infallible in matters of science and that all Rishonim adhered to this position. A review of this book by an Orthodox physicist takes issue with some of the book’s claims, focusing primarily on the author’s dismissal of the reliability of science. In our Jewish Thought section, a leading Orthodox bio-ethicist seeks to define “Modern Orthodoxy,” by detailing what modernity stands for and by putting forth his own vision for an Orthodoxy that would in-corporate these values within halakhic Judaism. Another article puts forth the idea that the concept of mamlekhet kohanim demands that Judaism always remain distinct from the civilizations around them and their accepted norms and that Torah values are unique and eternal. A special section, Hassidim and Mitnagdim, contains articles dealing with the different approaches taken by these two groups in confronting modernity. The first essay goes back to the period of the haskalah and contrasts the attitude of some in the Mussar movement to haskalah, that “the good in it was to be embraced and the evil it entailed was to be fixed,” with the attitude of Hassidus, which stood for total distancing. The second essay, “On Confrontation with the Secular World,” translates a siha given by the Lubavitcher Rebbe at an event attended by Rav Yosef Dov Soloveitchik, where the author contends the Rebbe was explaining the reasoning behind his own approach in building Judaism in America. Five articles comprise a section called Halakhah and Minhag. Some of these articles explore the fine line between these two concepts. The first article deals with the history of baking matzos and attempts to deter-mine when and why traditionally “soft” matzos were replaced by the commonly used “hard” wafer-like matzos of today. Another article focuses on the layout of Az Yashir in sifrei torah in order to explain why the guidelines Rambam gives for the writing of a sefer torah were abandoned in later years. Other articles question the validity of some minhagim. One such article reviews the book Kaddish, Women’s Voices and evaluates the appropriateness of women saying Kaddish both halakhically and historically. Another article traces a change in the text of Kel Malei Rahamim. A final article, “The Ashkenzic Custom not to Slaughter Geese in Tevet and Shevat,” finds a source in the Shulhan Arukh for an obscure halakhah that has rightly been abandoned. Two articles deal with faith. “The Binding of Isaac” explains how the Akeida demonstrated for all time that “within the recesses of man’s heart resides the exalted ability to conquer the self in favor of the divine,” while, “Squaring the Circle of Faith,” attempts to get to the source of faith utilizing the commonality of thought between Isaiah Berlin and the Baal ha-Tanya The two Hebrew articles mix modern and classical approaches to revisit ancient issues. The old controversies over the size of classical shiurim are revisited in an article that uses the sources of antiquity to suggest a new solution. The second article categorizes the disagreements between the Amoraim Rava and Abbaye based on their philosophical and societal leanings.

Aviezer, Nathan

Rubin, Eli

Greenspan, Ari

Dickman, Bernard

Wilamowsky, Yonah

Maimon, Moshe

After the destruction of European Jewry in the previous century, the last 70 years have seen a rebirth of the Jewish people, both in Israel as a result of the establishment of the state and in the United States primarily as a result of the influx of the remnant of European Jewry. Against all predictions, the Torah communities in these two centers have emerged in recent years as Jewry’s most vibrant elements. In the past decades other segments of Jewry have begun to fade, while Orthodoxy continues to thrive. With this growth, however, comes the responsibility to be involved not only with the spiritual needs of Klal Yisrael, but also with its material ones. As other segments of American Jewry diminish not only in numbers but also in their inclination to stand up for Jewish values and the Jewish State, our opening article asks “Who Will Support the State of Israel?” Other articles in this issue deal with the impact of some of the dramatic changes that have occurred within Jewry during these last seventy years and Orthodoxy’s attitude towards these changes. A Hebrew article looks at a famous essay by Rav Yitzhak Hutner and gives a new, more nuanced interpretation of his stance on Zionism. With Israel’s return to their land, one Halakhah article asks whether the laws regarding “Mourning the Hurban in a Rebuilt Jerusalem” still apply, while another, “Acknowledging a Miracle with a Berachah,” asks whether the time has come to make a berakhah upon seeing Jerusalem’s Kidron Valley. Menachem Elon tried to integrate traditional halakhah with modern legal systems within Israel’s court system. A Hebrew article takes a close look at one of his cases to evaluate his methodology. In our History of Halakhah section, “The Intersection of Halakhah and Science in Medical Ethics: The approach of Rabbi Eliezer Waldenberg” looks at the halakhic method of Israel’s most influential posek in the realm of science and medicine. Also in our History of Halakhah section, “Can a Ger Tzedek be appointed Parnass” looks back to the 17th Century to another newly formed Jewish society, which grew, in part, as a result of an influx of anusim from Spain. In addition to providing a glimpse of the challenges of this time, the article introduces us to the work of halakhic authorities little known in our day. Another focus of this issue is modern analysis of the words of the Rishonim. As is often the case, Rambam’s words come in for special attention. In “Further Reflections on Classification of Mishneh Torah: Real Answers to Real Problems,” an academic scholar takes on a challenge by Prof. Haym Soloveitchik to explain several anomalies in Rambam’s organization of Mishneh Torah. In “The Sin of ADU,” the authors use statistical analyses to corroborate Rambam’s heretofore puzzling assertion about a well-known rule concerning the onset of Rosh Hashanah. And, in “Pikuach Nefesh for a Ger Toshav” the author claims that a careful reading of Ramban and Rambam is necessary to establish their position on this controversial issue. Two additional articles focus on other Rishonim. “Divine Providence and Natural Forces: Conflict or Harmony?” looks to Ramban and other Rishonim to unravel their positions on one of the major principles of Judaism. “Some Aspects of Originality in the Responsa of R. Simeon Duran” is a study of Tashbetz’s teshuvot that reveals his creative leanings. Two other articles demonstrate how factors other than careful reading of the sources influence interpretations of halakhah and halakhic decisions. In “The History of an Interpretation of Sixteen Drops of Wine at the Seder,” the author shows how modern sensibilities eclipsed the reason given by Rishonim for an ancient custom. And in “The Silkscreen Sefer Torah,” the author makes an argument for the use of a new, less expensive methodology for writing Sifrei Torah and posits an explanation as to why a method supported by one of America’s leading poskim was so forcefully opposed.

Pfeffer, Jeremy I.

Morell, Samuel

Nadel, Shimshon HaKohen

Kleinhendler, Yisrael

Segelman, Micah

Gilat, Yisrael Zvi

The 25th edition of Hakirah marks another milestone for a journal that was begun in 2004 with the mission of “promoting the intellectual and spiritual growth of the Flatbush Jewish community.” Hakirah has far exceeded its goals, and by volume three the mission had been changed from the “Flatbush Jewish community” to the “Jewish community” as Orthodox scholars and even some non-orthodox scholars from around the world joined us in our mission. Hakirah sought to accomplish its goal by “providing an opportunity for members of our community who have been studying in depth to disseminate the results of their study for careful review” and “encouraging others to join in this type of study.” Dozens of new authors have found their voice in the pages of Hakirah, but they have been joined by established authors, prominent talmidei hakhamim and noted academics in Jewish studies, as well as accomplished scientists and scholars of the law and the humanities. We stated in our mission statement that we wished to “create a forum for the discussion of issues of hashkafah and halakhah relevant to the community from a perspective of careful analysis of the primary Torah sources,” and indeed the most crucial and controversial issues facing Jewry have been discussed in these pages. The “Torah and Science” controversy of 2004, the proper procedures for gerut, the prospect of women rabbis, the Torah attitude towards homosexuality, Orthodoxy’s stance and responsibility toward the state of Israel, and Judaism’s stance in the divide between liberalism and conservatism, as well as many other issues, have all been debated here. And in this tradition, the Forum section of this edition deals with whether the issue of humane treatment for animals is a matter of moral concern for religious Jews or just an overhyped part of the political correctness agenda of the “progressive” left... A fitting close to the introduction to this edition of Hakirah is the acknowledgment of the loss this past Av of Flatbush resident Dr. Yaakov Elman z”l. Reb Yaakov was an internationally renowned academic scholar as well as an exceptional talmid hakham who made major contributions in several different areas of Jewish scholarship. The titles of his two Hakirah articles, “Rava as Mara de-Atra in Mahoza,” and “Pahad Yitzhak: A Joyful Song of Affirmation,” give one an idea about the range of his expertise. He was a ben Torah and ba‘al middot who was a friend to several members of the Hakirah editorial board, whom we learned with and from, and he was a friend to Hakirah itself with whom we would consult on areas beyond our expertise. In a letter in Hakirah 2, responding to our initial edition, he ended with: “I wish you all the luck in the world in cultivating intellectual curiosity in Flatbush and among frum people in general. Decades of experience have shown me how difficult a task that is. Good luck!” We would often laugh together about this, as apparently his “good luck” berakhah was fulfilled. Sometime later he told us that “Hakirah gave him hope,” and shortly after that he began contributing himself. Dr. Elman left many unfinished works, and it is our prayer that the topics over which he toiled will be continued to be explored in the pages of Hakirah.

Loike, John D.

Sterman, Baruch

Rosensweig, Michael

Henkin, Eitam

Loewenberg, Meir

In “A Categorization of Errors Encountered in the Study of Zemanim,” the author demonstrates that halachic decisions in determining issues such as zmanei tefillah and the beginning and end of Shabbos are sometimes inaccurate because they do not account for the astronomical realities related to season and location. In “A Halachah in Mishneh Torah,” we see how the restructuring of the halakhot in Mishneh Torah by printers over the ages has for centuries deprived students of Rambam’s nuanced, measured, and finely structured lessons. A Hebrew article regarding the myth of Bugonia discusses Torah issues related to the ancient belief in the spontaneous generation of the bee. Error in practice rather than psak is the subject of an essay entitled “Asking a Child to Do a Melachah on Shabbat,” which addresses a particular case of laxity in observance of settled law. According to the Torah, no one is infallible; even the greatest in Israel are subject to error. An article in our Tanakh section, “From the Monarchy of David to the Children of Israel: A Comparative Study of Family Values and Legacy,” seeks to identify the flaw that led to the decline of the monarchy of the family of David HaMelech only two generations after his death. An essay in our Jewish Thought section, “Attitudes toward the Study of Zohar and Lurianic Kabbalah, from the Dawn of Chasidism to Present Day Chabad,” explains the position of Lubavitch leaders regarding the study of Kabbalah. Their belief that Chabad ḥasidus represents the peak of the development of the wisdom of Kabbalah led some to discourage study of primary Kabbalistic sources because of the danger of misinterpretation. On the other hand, in the other essay in this section, “Evolutionary Ethics: The Ta‘amei Hamitzvot of Rav Kook,” we learn that Kabbalistic thought was central to the philosophy of Rav Kook and discover his daring position that the nearing redemption would produce new insight into the reasons behind mitzvot. In our Tanakh section, “Ibn Ezra’s Interpretation of the Garden of Eden: Reality, Allegory or a Combination of the Two?” examines the rationalistic approach of one of our greatest commentators in reading the early parts of Bereshit.A follow-up to the article on Rav Moshe Soloveitchik in the last issue of Ḥakirah dispels old misconceptions and adds further evidence of and insight into the refusal of Rav Ḥayyim Brisker and his son to align themselves with Agudath Israel. Another Hebrew article, on the development of the Olam Ha-Torah in America immediately after World War II, seeks to explain why a once homogenous American Orthodox community split apart.Articles dealing with Jewish law cover a wide range of issues, dealing with both the common and uncommon. “Hormonal Intervention for the Prevention of Chupat Niddah” provides important guidance on how to use medical knowledge effectively in the practice of halakhah. In our History of Halakhah section, “Conditional Marriage to Prevent Suffering: Rav Yehudah Amital’s Approach” describes the kiddushin al tnai used by an important Dati Leumi Rav to prevent situations of iggun. And “‘Till Death Do Us Part: The Halachic Prospects of Marriage for Conjoined (Siamese) Twins” reviews rabbinic writings on the phenomenon of con-joined twins and its implications in halakhah. In “Are Converts to Judaism Required to Immerse Their Utensils after Conversion?” the author details a wide range of opinions among aḥaronim, some touching even upon the mystical.Other articles deal with scholarly examination of Torah texts. In “Did ArtScroll Censor Rashi?” the author rebuts an accusation of censorship by showing evidence that an omission of controversial words was based on consideration of the most reliable sources. And in “Kaddish de-Sidra: Virtual Kaddish Embedded in Our Daily Prayers” the author shows three places in our daily prayers that contain a tripling of the Kaddish ideals.

Hakirah: The Flatbush Journal of Jewish Law and Thought (Volume 26)

Miller, Chaim

Broyde, Michael J.

Strickman, H. Norman

Herczeg, Yisrael Isser Zvi

Seeman, Don

Gewirtz, William

Novick, Ricky

Tawil, Joseph

The first essay, “Rabbi Joseph B. Soloveitchik’s Remarks at the Ḥanukat Ha-Bayit of the Talner Shtibel”discusses the role of the beit ha-kenesset as the house of the Jewish people and remarks on the special warmth the Rav feels for the chasidishe beit midrash. By contrast, in“R. Soloveitchik and R. Shubow” we read a hesped for a close friend who was a Conservative rabbi. Here the Rav expresses his warm feelings and admiration for his friend, while in a letter written sometime earlier, he explains why he must distance himself from that friend’s synagogue. In an articletitled “The Rav at Revel; The Rav at RIETS,” a talmid who is the note-taker of the Genesis notes, describes how Rav Soloveitchik, the Rosh Yeshiva, differs from Professor Soloveitchik, the teacher of philosophy.In “Rabbi Joseph B. Soloveitchik’s Portrayal of the Patriarchs,”the author seeks to demonstrate that the Rav’s portraiture of the Patriarchs is “... the direct result of the way he viewed the Jewish concept of time, masorah (tradition), and the covenantal community.” And in “Recollections and Reconstruction of a Debate on the Nature of Kedushas Eretz Yisrael,” the authors record the disagreement between the Rav and Rav Shlomo Goren in an issue of lomdut with important practical ramifications. Together, these articles shed light on the complex personality of the Rav. 
Our Torah and Medicine section deals with issues that are new either because of advances in technology or because of attitudinal changes in society. The first article in the section,“Danger in Sabbath Law: A Novel Perspective Using Causality and Statistics,” deals with the development of objective standards for qualifying treatments as worthy of being described as pikuaḥ nefesh in regard to Shabbos. The second article, “Halachic Issues Related to Synthetic Biology,”addressesimportant halachic implications arising from developments in this field. A third article, “It Is Legal and Everyone Is Using,” deals with whether recreational marijuana is permitted in halakhah. “Mental Distress and Ḥoli” raises a question, not yet resolved in halakhah, as to whether conditions involving mental distress should be considered illness and the sufferer categorized in halakhah as a ḥoleh.\nOther articles deal with Torah and Science. In “How Science Deepens Our Understanding of Torah: (i) The Rainbow and the Photon and (ii) Rain and Chaos”the author seeks to demonstrate that Torah can help us better understand principles of modern science. In “The Number of Kinnim Revisited” the author claims that a deeper understanding of math can help in understanding the thinking of the Tannaim 2000 years ago. 
In our Minhag section, two articles titled “The Number of Candles in the Context of Mitzvat Ner Shabbat” and “A Shabbat Candle for Every Member of the Family” give different perspectives about the origins of minhagim regarding the number of candles to light erev Shabbos. And “Blessed Are the Cheesemakers: In Search of Ancient Roots of Dairy on Shavuot”suggests novel ideas about the origin of another well-established minhag. 
In the Jewish Thought section, in the essay titled “Ibn Ezra: ‘The All Knows Every Part via the All,’”the author clarifies a perplexing explanation of Ibn Ezra on G-d’s knowledge and shows how what was thought by some to be a radical position is well within mainstream thought.

Hakirah: The Flatbush Journal of Jewish Law and Thought (Volume 30)

First, Mitchell

Schacter, Jacob J

Loike, John

Holzer, Aton

Heller, Marvin J.

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