Bava Basra 21a ~ Schools. The Most Important Ruling in the Talmud

The Mishna on yesterday’s daf, Bava Basra 20b, teaches what are reasonable and unreasonable uses of one’s home. A neighbor may object to you running your store in a common courtyard, because of the noise generated. But she may not object to your running a school:

בבא בתרא כ, ב

חֲנוּת שֶׁבְּחָצֵר – יָכוֹל לִמְחוֹת בְּיָדוֹ וְלוֹמַר לוֹ: אֵינִי יָכוֹל לִישַׁן מִקּוֹל הַנִּכְנָסִין וּמִקּוֹל הַיּוֹצְאִין…וְלֹא מִקּוֹל הַתִּינוֹקוֹת

MISHNA: If a resident wants to open a store in his courtyard, his neighbor can protest to prevent him from doing so and say to him: I am unable to sleep due to the sound of people entering the store and the sound of people exiting….nor can he say: I cannot sleep due to the sound of the children.

On today’s daf, the Talmud teaches that this ruling applied from the time of the ruling of Yehoshua ben Gamla and onwards:

בבא בתרא כא, א

דְּאָמַר רַב יְהוּדָה אָמַר רַב: בְּרַם, זָכוּר אוֹתוֹ הָאִישׁ לַטּוֹב – וִיהוֹשֻׁעַ בֶּן גַּמְלָא שְׁמוֹ, שֶׁאִלְמָלֵא הוּא, נִשְׁתַּכַּח תּוֹרָה מִיִּשְׂרָאֵל. שֶׁבִּתְחִלָּה, מִי שֶׁיֵּשׁ לוֹ אָב – מְלַמְּדוֹ תּוֹרָה, מִי שֶׁאֵין לוֹ אָב – לֹא הָיָה לָמֵד תּוֹרָה. מַאי דְּרוּשׁ? ״וְלִמַּדְתֶּם אֹתָם״ – וְלִמַּדְתֶּם אַתֶּם

הִתְקִינוּ שֶׁיְּהוּ מוֹשִׁיבִין מְלַמְּדֵי תִינוֹקוֹת בִּירוּשָׁלַיִם. מַאי דְּרוּשׁ? ״כִּי מִצִּיּוֹן תֵּצֵא תוֹרָה״. וַעֲדַיִין מִי שֶׁיֵּשׁ לוֹ אָב – הָיָה מַעֲלוֹ וּמְלַמְּדוֹ, מִי שֶׁאֵין לוֹ אָב – לֹא הָיָה עוֹלֶה וְלָמֵד. הִתְקִינוּ שֶׁיְּהוּ מוֹשִׁיבִין בְּכל פֶּלֶךְ וּפֶלֶךְ. וּמַכְנִיסִין אוֹתָן כְּבֶן שֵׁשׁ עֶשְׂרֵה כְּבֶן שְׁבַע עֶשְׂרֵה

וּמִי שֶׁהָיָה רַבּוֹ כּוֹעֵס עָלָיו – מְבַעֵיט בּוֹ וְיֹצֵא. עַד שֶׁבָּא יְהוֹשֻׁעַ בֶּן גַּמְלָא וְתִיקֵּן, שֶׁיְּהוּ מוֹשִׁיבִין מְלַמְּדֵי תִינוֹקוֹת בְּכל מְדִינָה וּמְדִינָה וּבְכל עִיר וָעִיר, וּמַכְנִיסִין אוֹתָן כְּבֶן שֵׁשׁ כְּבֶן שֶׁבַע

What was this ordinance? As Rav Yehuda says that Rav says: Truly, that man is remembered for the good, and his name is Yehoshua ben Gamla. If not for him the Torah would have been forgotten from the Jewish people. Initially, whoever had a father would have his father teach him Torah, and whoever did not have a father would not learn Torah at all.

The Gemara explains: What verse did they interpret homiletically that allowed them to conduct themselves in this manner? They interpreted the verse that states: “And you shall teach them [otam] to your sons” (Deuteronomy 11:19), to mean: And you yourselves [atem] shall teach, i.e., you fathers shall teach your sons.

When the Sages saw that not everyone was capable of teaching their children and Torah study was declining, they instituted an ordinance that teachers of children should be established in Jerusalem. The Gemara explains: What verse did they interpret homiletically that enabled them to do this? They interpreted the verse: “For Torah emerges from Zion” (Isaiah 2:3). But still, whoever had a father, his father ascended with him to Jerusalem and had him taught, but whoever did not have a father, he did not ascend and learn. Therefore, the Sages instituted an ordinance that teachers of children should be established in one city in each and every region. And they brought the students in at the age of sixteen and at the age of seventeen.

But as the students were old and had not yet had any formal education, a student whose teacher grew angry at him would rebel against him and leave. It was impossible to hold the youths there against their will. This state of affairs continued until Yehoshua ben Gamla came and instituted an ordinance that teachers of children should be established in each and every province and in each and every town, and they would bring the children in to learn at the age of six and at the age of seven.

It is not very often that I read a book that changes everything about what I thought I knew. But a year ago I read just such a book. It is The Chosen Few, by two economists, Maristella Botticini and Zvi Eckstein. I cannot recommend it highly enough, and it explains why today’s daf contains the most important ruling in the Talmud.

The ability to read and write contracts, business letters and account books using a common alphabet gave the Jews a comparative advantage over other people. The Jews also developed a uniform code of law (the Talmud) and a set of institutions, networking and arbitrage across distant locations. High levels of literacy and the existence of contract-enforcing institutions became the levers of the Jewish people.
— Botticini, M and Eckstein, Z. The Chosen Few. How Education Shaped Jewish History 10-1492. Princeton University Press 2012. 5.

This book was written to answer one specific question – though in doing so it revealed a remarkable story. Why was it that the worldwide Jewish population decreased from about three million at the time of the destruction of the Second Temple in 70 CE, to barely one million by 1490? It wasn’t just wars, famine or pandemics, because the world population increased over that same period, from about 55 to 87 million.

Jewish and total population, c. 65 CE, 650, 1170, and 1490 (millions). Source: Authors’ estimates, explained in appendix. From Botticini M. and Eckstein Z. The Chosen Few. How Jewish Education Shaped Jewish History 70-1492. Princeton University Press 2012. p18.

How Yehoshua ben Gamla Changed the Jewish trajectory

Here is what the authors believe happened.

Yehoshua ben Gamla was a High Priest in the Second Temple and died during the first Jewish-Roman war in about 64-65 CE. He issued a decree that all Jewish fathers were required to send their sons (but not their daughters, sorry,) from the age of six or seven to school. There, they would learn to read and write and study Torah. “Throughout the first millennium” wrote Botticini and Eckstein, “no people other than the Jews had a norm requiring fathers to educate their sons.” Then came this critical change in Jewish society:

With the destruction of the Second Temple, the Jewish religion permanently lost one of its two pillars (the Temple) and set out on a unique trajectory. Scholars and rabbis, the new religious leaders in the aftermath of the first Jewish-Roman war, replaced temple service and ritual sacrifices with the study of the Torah in the synagogue, the new focal institution of Judaism. Its core function was to provide religious instruction to both children and adults. Being a devout Jew became identified with reading and studying the Torah and sending one’s children to school to learn to do so. During the next century, the rabbis and scholars in the academies in the Galilee interpreted the Written Torah, discussed religious norms as well as social and economic matters pertaining to daily life, and organized the body of Oral Law accumulated through the centuries. In about 200, Rabbi Judah haNasi completed this work by redacting the six volumes of the Mishna, which with its subsequent development, the Talmud, became the canon of law for the whole of world Jewry. Under the leadership of the scholars in the academies, illiterate people came to be considered outcasts.

Why Jews Stopped Farming

Next, the authors address the implications of this new religious norm for the behavior of Jews in the first half of the new millennium. Until this time, the most common occupation was as farmers, but now each family unit had to make a stark choice. Do they invest in their sons’ literacy, and also remain within the network of the normative Jewish community, or finding them too costly, do they convert to other religions?  

“If the economy remains mainly agrarian, literate people cannot find urban and skilled occupations in which their investment in literacy and education yields positive economic returns. As a result the Jewish population keeps shrinking and becoming more literate. In the long run, Judaism cannot survive in a subsistence farming economy because of the process of conversions.”

If you wished to remain within the fold of rabbinic Judaism, then you had to send your sons to school. This was the edict of Yehoshua ben Gamla, and it had to be followed. But this pulled them out of the farming workforce, which would mean an end to the family farm. But if you wished to remain a farmer, then you kept your sons (and daughters) close by to help on the farm. However, this put you outside of the new normative Jewish practice of sending sons to school. Pretty soon, those who remained farmers were outside the pale of normative Jewish practice, and would have converted to Christianity (or, later Islam). And that explains the rapid drop in the Jewish population.

With his income, the Jewish farmer buys food and clothing for his family and pays taxes. If he decides to send his sons to school, he has to incur the associated costs. He has to pay for books and contribute to both the teacher’s salary and the maintenance of the synagogue where the school activities are typically held. In small communities, these expenses may represent a heavy burden on the household head. Given heterogeneity in individuals’ abilities and temperaments, the cost of educating a child may decrease with his ability and diligence. The costs of educating one’s son also include the forgone earnings the child could have earned by working on the farm rather than attending school—what economists refer to as “opportunity cost.” Even if education is free (because, for example, the state provides books and pays all tuition), the opportunity cost of going to school makes educating children a burden for farmers, especially poor and middle-income ones. (Even today, many farmers in developing countries that provide free universal primary education keep their children out of school so that they can work on the farm.)

Next let us consider the benefits and the costs associated with the second choice the Jewish farmer has to make: whether to remain a Jew or to opt for another religion. The Jewish farmer can avoid following the rules set by Judaism, including the one requiring him to educate his sons, by converting to another religion. Doing so would free him of the costs of educating his children or suffering the social penalty inflicted on the illiterate. A Jew who converts, however, may suffer psychological or monetary costs, including losing the support of his Jewish friends and relatives. We call the costs associated with converting to another religion the “costs of conversion.”

Religious affiliation typically requires some costly signal of belonging to a club or network; different religions may require their members to follow different rituals and adhere to different norms as a way to signal their membership in the club. Investing in literacy and education, as Judaism requires, is a very costly signal for individuals and households living in farming economies in which there are no economic returns to literacy. As we show, the decisions to invest in a son’s literacy and to remain or become a member of a religious group are related.

So, more Jews became urban merchants, and fewer became farmers. There were now fewer Jews to be sure, but they had their educated sons now had the ability to pivot from farming to trading.

“The literacy of the Jewish people, couples with a set of contract enforcement institutions developed during the five centuries after the destruction of the Second Temple gave Jews a comparative advantage in occupations such as crafts, trade and money lending, occupations that benefited from literacy, contract-enforcement mechanisms, and networking. Once the Jews were engaged in these occupations they rarely converted, which is consistent with the fact that the Jewish population grew slightly from the seventh to the twelfth century.”

Why Jews Became MoneyLenders

Sometime during my education I was told that Jews turned to moneylending because they were prohibited from owning land, and because they were expelled from countries and communities so often that they were forced to enter a trade that was portable. I am sure that you heard this explanation too. But it is wrong.

First, Jews were never prohibited from owning land in either the Roman or the Persian empires. In fact, they were not prohibited from any economic activities, then, or later in the Byzantine Empire (350-1250 CE.) or the Muslim Caliphates (650-1250 CE.). And what about Christian Europe?

No restrictions were imposed on the Jewish artisans, shopkeepers, traders, moneylenders, scholars, and physicians who migrated to and within Christian Europe during the early Middle Ages. Many charters issued in the early medieval period (the mid-ninth through the thirteenth century) indicate that rulers invited Jews to settle in their lands in order to spur the development of crafts and trade…

Economic Activities Open and Closed to Jews in the Muslim Caliphates, by Area, 650–1250. From Botticini M. and Eckstein Z. The Chosen Few. How Jewish Education Shaped Jewish History 70-1492. p57.

The decision of the Jews to invest in literacy and education (first to sixth century) came centuries before their worldwide migrations (ninth century onwards). The direction of causality thus runs from investment in literacy and human capital to voluntarily giving up investing in land and being farmers to entertaining urban occupations and becoming mobile and migrating - not the other way round.
— Botticini M. and Eckstein Z. The Chosen Few. How Jewish Education Shaped Jewish History 70-1492. Princeton University Press 2012. p60-61.

An Economic View of Jewish Identity

Both Botticini and Eckstein are economists, and note that “economists assume that when making choices, individuals compare the benefits and the costs of the alternatives with the goal of selecting the option that yields the greatest utility.”

A Jewish farmer (that is, a farmer who identifies himself with Judaism) living in a village in the Galilee circa 200 had to make two key choices. First, he had to decide whether to send his sons to work or to school (synagogue) to learn to read and study the Torah. Second, he had to choose whether to continue belonging to Judaism or to convert and become a Samaritan, a Christian, or a pagan.

Their book analyzes these and other choices, noting that literacy did not make a farmer more productive or enable him to earn more.

Moreover, the rural economies of the first half of the first millenium there were very few opportunities for literate people to enter crafts and trades. “Investment” in children’s literacy and education thus represented a burden with no economic returns for almost all households whose incomes came from agriculture.

Of course, the ruling of Yehoshua ben Gamla would not have had much effect without an educational infrastructure. Over the first few centuries after the destruction of the Second Temple, several further edicts provided (some described on today’s page of Talmud) levied a communal tax to pay for the teacher’s salary, and introduced competitive competition between teachers as a way of raising standards. A small number of Jewish farmers made the financial sacrifice to obey the religious norm sanctioned by the Pharasaic leadership. Over time, there were fewer and fewer Jewish farmers, and more and more Jewish merchants.

Literacy—and hence, the ability to read and write contracts, deeds, and letters - greatly enhanced the establishment of business partnerships among traders, as treasures from the Cairo Geniza have shown. but one example, a letter was sent around 1040 by the Tunisian-Jewish trader Yahyā, son of Mūsā, to his former apprentice and current partner, living in Egypt:

You wrote about the loss of part of the copper—may God compensate me and you, then—about the blessed profit made from the antimony and, finally, about the lac and the odorous wood which you bought and loaded on Mi‘dād and ‘Abūr. (You mentioned) that the bale on Mi‘dād was unloaded afterward; I have no doubt that the other will also be unloaded. I hope, however, that there will be traffic on the Barqa route. Therefore, repack the bales into camel-loads— half their original size—and send them via Barqa. Perhaps I shall get a good price for them and acquire antimony with it this winter. For, dear brother, if the merchandise remains in Alexandria year after year, we shall make no profit.

Only small quantities of odorous wood are to be had here, and it is much in demand. Again, do not be remiss, but make an effort and send the goods on the Barqa route—may God inspire you and me and all Israel to do the right thing.

Of course there is more to the story, and The Chosen Few includes important data that addresses how the Jews became educated in the middle ages, and built vast trading networks across Europe and the Middle East. It is a fascinating read. Some two thousand years after his ruling that is recorded on today’s page of Talmud, Jews continue to benefit from the edict of Yehoshua ben Gamla.

The four centuries spanning from the redaction of the Mishna circa 200 to the rise of Islam in the mid-seventh century witnessed the implementation of Joshua ben Gamla’s ruling and the establishment of a system of universal primary education centered on the synagogue. This sweeping change completely transformed Judaism into a religion centered on reading, studying and implementing the rules of the Torah and the Talmud. A Jewish farmer going on pilgrimage to and performing ritual sacrifices in the Temple in Jerusalem was the icon of Judaism until 70 CE. In the early seventh century, the emblem of world Jewry was a Jewish farmer reading and studying the Torah in a synagogue, and sending his sons to school or the synagogue to learn to do so.
— Botticini M. and Eckstein Z. The Chosen Few. How Jewish Education Shaped Jewish History 70-1492. Princeton University Press 2012. p111.
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Bava Basra 20a ~ A Baby Born After Eight Months

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A Baby at the Window

In today’s page of Talmud we read a list of objects which, if placed in an opening between rooms, blocks the tumah (ritual impurity) from passing from one room into the next. Among that list is a baby born after only eight months of gestation:

בבא בתרא כ, א

 עשבין שתלשן והניחן בחלון או שעלו מאליהן בחלונות ומטלוניות שאין בהן שלש על שלש והאבר והבשר המדולדלין בבהמה ובחיה ועוף ששכן בחלון ועובד כוכבים שישב בחלון ובן שמנה המונח בחלון והמלח וכלי חרס וספר תורה כולם ממעטין בחלון 

Grass that was plucked and placed in an opening, or grass that grew by itself in an opening; scraps of fabric that are smaller than three by three fingerbreadths; a partially severed limb or a piece of flesh hanging from a domestic or a wild animal; a bird resting in an opening; an idol worshipper sitting in an opening; a baby born after only eight months of gestation lying in an opening; salt, earthenware vessels and a Torah scroll -all of these reduce the size of the opening and so prevent the tumah from passing through it.

The Talmud then questions this ruling about the premature child lying on a window between two rooms, one if which contains a source of tumah. Won't the mother of the baby carry the child away? How then can we suggest it will be a barrier to the tumah? The Talmud, as always, has a solution: the case is regarding a child born prematurely on Shabbat. Such a child is mukzteh, that is, it is in a category of objects that must not be moved on Shabbat: 

דתניא בן שמנה הרי הוא כאבן ואסור לטלטלו בשבת

For it was taught in a Braisa. A baby born at eight months of gestation is treated like a stone [on Shabbat, because it is muktzeh.]

The premature baby is given the status of a stone because it was not considered to be viable, and as a non-viable human being it does not contract ritual impurity. So that's why the premature baby is listed along with grass, idol worshippers, and the severed limbs of cattle as preventing the transmission of tumah. Got it?

When we studied Yevamot we came across another case which pivoted on the viability of babies born at seven vs. eight months of gestation. The question there was about proving the paternity of a child, and the discussion hinges on the belief that while a child born after seven months of gestation would be viable, a child born at eight months gestation would not be so.  Rashi noted the following: בר תמניא לא חיי -  "an eight month fetus cannot survive." And so now we can ask, where on earth does this notion come from? 

Seven vs Eight Months of gestation in antiquity

Homer's Iliad, written around the 8th century BCE,  records that a seven month fetus could survive. But it is not until Hippocrates (c. 460-370 BCE, or some 500 years before Shmuel), that we find a record of the belief that a fetus of eight months' gestation cannot survive, while a seventh month fetus (and certainly one of nine months gestation) can.  His Peri Eptamenou (On the Seventh Month Embryo) and Peri Oktamenou (On the Eight-Month Embryo) date from the end of the fifth century BCE, but this belief is viewed with skepticism by Aristotle.

In Egypt, and in some other places where the women are fruitful and are wont to bear and bring forth many children without difficulty, and where the children when born are capable of living even if they be born subject to deformity, in these places the eight-months' children live and are brought up, but in Greece it is only a few of them that survive while most perish. And this being the general experience, when such a child does happen to survive the mother is apt to think that it was not an eight months' child after all, but that she had conceived at an earlier period without being aware of it.

The belief that an eight month fetus cannot survive has a halakhic ramification: Maimonides ruled that if a boy was born prematurely in the eighth month of his gestation and the day of his circumcision (eight days after his birth) fell out on shabbat, the circumcision - which otherwise would indeed occur on Shabbat, is postponed until Sunday, the ninth day after his birth. 

רמב׳ם הל' מילה יד, א

מי שנולד בחדש השמיני לעבורו קודם שתגמר ברייתו שהוא כנפל מפני שאינו חי... אין דוחין השבת אלא נימולין באחד בשבת שהוא יום תשיעי שלהן

A child born after eight months of gestation before being fully formed is treated as a stillbirth because it will not live...and we do not set aside the laws of Shabbat [to circumcise him] but he is circumcised on Sunday, which is the ninth day of his life.

This medical “fact” persisted well into the early modern era. Here is a state–of–the–art medical text published in 1636 by John Sadler.  Read what he has to say on the reasons that an eight month fetus cannot survive (and note the name of the publisher at the bottom of the title page-surely somewhat of a rarity then): 

Front page of 17 cent textbook.jpeg

Saturn predominates in the eighth month of pregnancy, and since that planet is "cold and dry"," it destroys the nature of the childe". That, or some odd yearning of the child to be born in the seventh but not the eight month (according to Hippocrates) is the reason that a child born at seven and nine months' gestation may survive, but not one born at after only eight months. 

Evidence from Modern Medicine

Today we know that gestational length is of course critical, and that, all things being equal, the closer the gestational length is to full term, the greater the likelihood of survival. We can state with great certainty, that an infant born at 32 weeks or later (that's about eight months) is in fact more likely to survive than one born at 28 weeks (a seven month gestation.) In fact, a seven month fetus has a survival rate of 38-90% (depending on its birthweight), while an eight month fetus has a survival rate of 50-98%. Here is the data, taken from a British study.

Draper, ES, Manktelow B, Field DJ, James D. Prediction of survival for preterm births by weight and gestational age: retrospective population based study British Medical Journal 1999; 319:1093.

Draper, ES, Manktelow B, Field DJ, James D. Prediction of survival for preterm births by weight and gestational age: retrospective population based study British Medical Journal 1999; 319:1093.

More recently, a study from the Technion in Haifa showed that even the last six weeks of pregnancy play a critical role in the development of the fetus. This study found a threefold increase in the infant death rate in those born between  34 and 37 weeks when compared full term babies.  

You can read more on the history of the eight month fetus in a 1988 paper by Rosemary Reiss and Avner Ash.  From what we have reviewed, the talmudic belief that a seven month fetus can survive but an eight month fetus cannot is one that was widely shared in the ancient world, and even in the early modern era.  But all the evidence we have today firmly demonstrates that it is simply not true.

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Talmudology on the Parsha: The Fast of Friday, Parshat Chukkat

במדבר 19:1

זֹאת חֻקַּת הַתּוֹרָה אֲשֶׁר־צִוָּה יְהֹוָה לֵאמֹר דַּבֵּר  אֶל־בְּנֵי יִשְׂרָאֵל וְיִקְחוּ אֵלֶיךָ פָרָה אֲדֻמָּה תְּמִימָה אֲשֶׁר אֵין־בָּהּ מוּם אֲשֶׁר לֹא־עָלָה עָלֶיהָ עֹל׃

This is the ritual law that God has commanded: Instruct the Israelite people to bring you a red cow without blemish, in which there is no defect and on which no yoke has been laid.

The word חקת is normally translated as “ritual law” or “statute.” But the Aramiac translation of the Torah called Targum Onkelos (composed between about the years 80-120 CE) translated the work using a different word: גזירה, decree.

דָּא גְּזֵרַת אוֹרַיְתָא

This is a decree of the Torah

Over the lachrymose periods of Jewish history, a play on words connected this religious decree of the Torah with another: to burn it.

On Monday, June 25, 1240 the first public trial against the Talmud and its most popular commentary, that by Rashi, was opened in the royal court in Paris in the presence of many church-dignitaries and noblemen. The Queen Mother Blanche who was in an advanced stage of pregnancy presided. The prosecutor was the convert Donin, the defendant-the Talmud, and its defenders four French Rabbis: Rabbi Yechiel of Paris, Judah ben David of Melun, Samuel ben Solomon of Chateau Thierry and Moses of Coucy.
— Judah M. Rosenthal. The Talmud on Trial: The Disputation at Paris in the Year 1240. The Jewish Quarterly Review 1956. 47(1), 58–76.

The Burning of the Talmud in 1244, (or maybe 1242, or 1240)

In 1240 Rabbi Yechiel of Paris (the author of many tosafot, and the teacher of the Rabbi Meir of Rothenburg) was forced to defend the Talmud from accusations that togther with Rashi’s commentary, it contained derogatory remarks about Jesus of Nazareth (De blasphemiis humanitatis Xristi). Yechiel was arguing against Nicholas Donin, a Jew who had converted to Christianity, and who was supported by a team of former Jews. On Friday June 6, 1242 the final verdict was delivered. (As Solomon Grayzel noted many decades ago “the exact year of this event is variously given in the sources. The three years suggested are 1240, 1242, and 1244. Graetz after a long discussion of the subject comes to the conclusion that 1242 is the correct date.” So let’s go with that.) On Friday July 13, 1242, wagonloads of the handwritten Talmud were burned in Paris. That was the day before Parshat Chukat was read in shul.

The FAst of Friday, Parshat Chukkat

One contemporary was Rabbi Zedekiah ben Abraham Anaw, the author of the halakhic compendium called Shibbolei Haleket.

שבולי הלקט 263

ועל שאנו עסוקין בהלכות תענית ובענין שריפת התורה כתבנו זה לזכר על מה שאירע בימינו על רוב עונותינו אשר גרמו לנו ונשרפה תורת אלהינו בשנת חמשת אלפים וב' שנים לבריאת עולם ביום ששי פרשת וזאת חקת התורה כעשרים וארבעה קרונות מלאים ספרי תלמוד והלכות והגדות נשרפו בצרפת כאשר שמענו לשמע אוזן וגם מן הרבנים שהיו שם שמענו שעשו שאילת חלום לדעת אם גזירה היא מאת הבורא והשיבו להם ודא גזירת אוריתא ופירושו ביום ו' זאת חקת התורה היא הגזירה ומאותו היום ואילך קבעוהו היחידים עליהם להתענות בו בכל שנה ושנה ביום ששי של פרשת זאת חקת התורה ולא קבעוהו לימי החודש תהא אפרה עלינו לכפרה (כאשה) [כעולה] על מוקדה וערבה לבני יהודה כמנחתה הקריבה כהילכתה

…Let us remember what happened on account of our sins which caused God’s Torah to be burned in the year 5002, on the Friday of parshat Chukkat. Some twenty-four waggons full of copies of the Talmud and halakhic and aggadic works were burned in France…The rabbis who were there reported that they asked in a dream if this was indeed God’s decree (gezerah me’et haboreh). And one of the rabbis there answered “ודא גזירת אוריתא” - this is the decree of the Torah…

From then on the Jews would fast each and every Friday before the reading of parshat Chukkat. It was not fixed as a calendar date, [but the date is flexible, and depends on when Phukkat is read]

This fast is also recorded in by Rabbi Avraham Gombiner (c. 1635-1682) in his commentary on Shulkah Arukh called Magen Avraham:

מגן אברהם אורח חיים תקפ, ס’ק ט׳

כתב התניא ביום הששי פ' חקת נהגו יחידים להתענו' שבאותו היום נשרפו כ' קרונות מלאים ספרים בצרפת ולא קבעו אותו בימי החדש מפני שמתוך שאלת חלום נודע להם שיום הפרשה גורם גזיר' התורה זאת חקת התורה מתרגמי' דא גזירת אורייתא, וגם בשנת ת"ח נחרבו שני קהילו' גדולות באותו היום כמ"ש בסליחו' שחבר בעל השפתי כהן

We find it mentioned in the work Tanya Rabatia [an early anonymous Italian halakhic compendium] that on the Friday of Parshat Chukkat the Jews have a custom to fast, for on that day twenty cartloads of books were burned in France. The fast was not fixed to a certain date because it was made known through a dream that the day of the burning was to occur on “The day of the זאת חקת התורה which is translated [in Onkelos] as דא גזירת אורייתא - “this is the decree of the Torah”.

And in Turkey, the Jews had a custom to stay inside on the Friday of Parshat Chukkat:

חיים פלאגי, מועד לכל חי, סימן ט, ד

וכבאר היטב סימן תק״ם כתב וזה לשונו, כתב התניא כיום השישי פרשת חוקת נהגו היחידים להתענות שבאותו יום נשרפו עשרים קרונות מלאים טסרים כעדפת ולא קבעו אותו מפני החדש מפני שכתוך שאלת חלום נודע להם שיום הפרשה גורם גזירות התורה, זאת חוקת התודה מתדגמינן דא גזירת אורייתא, גם כשנת ת״ח נחרכו שתי קהילות כאותו יום, עכ״ל, ובעירנו אזמיר יע״א, נהירנא מכד הוינא טליא דהיו כמה אנשים סוחרים דהיו נזהרים שלא לצאת אפילו לשוק לעסקיהם כערב שבת חוקת, ומה שהיה להם לעשות כערב שכת היו עושים ומתקנים מיום חמישי, והן עוד היום רבים נזהרים שלא לילך מעיר לכפר כיום הזה, וה׳ שומר את עמו ישראל ובכל מקום ובכל זמן שלא תאונה שום רעה אמן כן יהי רצון

 …In our ciry of Izmir where the young would stroll, there were a number of merchants who were careful not to leave their homes, even to go to the market for business on the Friday of Parshat Chukkat. Whatever they needed to do they did on Thursday. And there were many others who did not leave the city for the villages on that day. My God guard his people Israel in all places and at all times, so that no evil will happen to them, Amen.

This Friday, another sort of fast. Or not

Several days after I finished a draft of this post, Agudath Israel of America issued a Kol Korei. Its rabbinc leadership “…call upon all holy congregations of Klal Yisroel to designate this Friday of the week of Parshas Chukas as a day of great and bitter outcry regarding this decree of the Torah.” And what might that decree be?

Now, we come to matters pertaining to our present time, as in this generation numerous troubles and severe decrees have arisen against the Am Hashem in general and specifically targeting the Torah and its scholars, and the young children learning Torah, both in Eretz Yisroel and in the Diaspora. Policy-makers, with malicious intent, aim to disrupt the sanctity of Torah scholars, requiring the students of our holy yeshivos to abandon their study benches in the beis medrash and enlist in the military. They scheme with various tricks, and their hand is still outstretched, poised to persist. Moreover, decrees are being issued against young children learning Torah, both in Eretz Yisroel and in the Diaspora. All of this is reminiscent of the decree of burning the Torah.

“All of this is reminiscent of the decree of burning the Torah”? In what universe is calling on all of Israel’s citizens to share the responsibility of defending the country “reminiscent of the decree of burning the Torah”? And just what decrees are “being issued against young children learning Torah, both in Eretz Yisroel and in the Diaspora.” Anyone?

The leadership of this organization (one of whose members believes that the polio vaccine is a hoax,) have reached a new low. In his book, the late Princeton philosopher Harry Frankfurt described those whose utterances are a greater enemy of the truth than liars are. Liars at least acknowledge that the truth matters. I have two copies of his book, so let me know if you’d like to borrow one.

Moetzes Gedolei HaTorah of America, Kol Korei released July 9, 2024.

Here’s an idea for Agudath Israel of America. Tomorrow, on Friday of Parshat Chukkat, gather together and pray for the victory of our soldiers, the safety of our people, and the release of the hostages. And then watch this clip of what is possible when those who care about studying Torah combine it with military service. Watch. And learn.

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Bava Basra 16b ~ Here Comes the Sun

This post is for the page of Talmud to be studied tomorrow, Thursday July 11th.

בבא בתרא טז, ב 

רבי שמעון בן יוחי אומר אבן טובה היתה תלויה בצוארו של אברהם אבינו שכל חולה הרואה אותו מיד מתרפא ובשעה שנפטר אברהם אבינו מן העולם תלאה הקדוש ברוך הוא בגלגל חמה אמר אביי היינו דאמרי אינשי אידלי יומא אידלי קצירא

Rabbi Shimon ben Yochai said: there was a precious stone that hung from the neck of Abraham our forefather. Any sick person who looked at it was instantly cured.  When Abraham our forefather died, the Holy One, Blessed be He, hung this stone in the orb of the sun. Abaye said, this is what is meant by the popular saying "when the sun is lifted, sickness is lifted"

Abaye, the great Babylonian sage of the fourth century, commented on a statement made Rabbi Shimon ben Yochai about two centuries earlier, and suggested that sunlight helps heal.  This was not the only time Abaye opined about the health benefits of sunlight. We came across another example when we studied Nedarim: 

נדרים  ח, ב

שמש צדקה ומרפא אמר אביי ש"מ חרגא דיומא מסי ופליגא דר"ש בן לקיש דאמר אין גיהנם לעולם הבא אלא הקב"ה מוציא חמה מנרתיקה צדיקים מתרפאין בה ורשעים נידונין בה

“The sun of righteousness, with healing in its rays” (Malachi 3:20)...Abaye said: “We learn from here that the dust of the sun heals”…Rabbi Shimon ben Gamliel said, “there is no hell in the world to come. Rather God takes the sun out of its canopy; the righteous are healed by it and the wicked are punished by it” (Nedarim 8b.)

A HISTORY OF HELIOTHERAPY

In 1903, the Nobel prize for Medicine was awarded to a Dane named Niels Finsen. Finsen had invented a focusable carbon-arc torch to treat – and cure – patients with lupus vulgaris, a painful skin infection caused by tuberculosis.  While this was the start of the modern medical use of phototherapy, using the sun as a source of healing is much, much older. Older even than the Talmud, which mentions it in today’s daf

The Nobel Prize in Physiology or Medicine 1903 was awarded to Niels Ryberg Finsen “in recognition of his contribution to the treatment of diseases...with concentrated light radiation, whereby he has opened a new avenue for medical science

Perhaps the earliest reference to heliotherapy – that is, using sunlight to heal - is found in Egyptian papyrus records from over 3,500 years ago, which record using the sun, together with ingesting a local weed, to treat skin conditions. The active ingredients of that weed, Ammi majus, were isolated in 1947. These ingredients, together with heliotherapy, were used in the first clinical trials to treat vitiligo, which were conducted, rather fittingly, in Egypt.  Further work determined that it was only a narrow part of the sun’s spectrum that was needed to treat vitiligo, psoriasis, and other skin conditions, and so lamps were developed that produced only narrow band ultraviolet light (UVB). These UVB lamps are now a mainstay of treatment for psoriasis.

For most white people, a half-hour in the summer sun in a bathing suit can initiate the release of 50,000 IU (1.25 mg) vitamin D into the circulation within 24 hours of exposure
— — Environmental Health Perspectives 2008:116;4. A162

SUNLIGHT FOR HEALTHY BONES

But ultraviolet light – UVB – can also be extremely dangerous. Too much exposure to sunlight will cause skin cancer, as the light produces molecules that directly damage DNA. Here is the great paradox of sunlight – too much of it will burn and can kill – but get the dose right and it is not only curative, but essential for healthy living. Sunlight is needed to produce vitamin D in the skin, and vitamin D is needed to produce healthy bones. Without it, you will develop rickets, a skeletal deformity that is characterized by bowed legs. 

Typical presentation of 2 children with rickets. The child in the middle is normal; the children on both sides have severe muscle weakness and bone deformities, including bowed legs (right) and knock knees (left). From Holick M. Sunlight and vi…

Typical presentation of 2 children with rickets. The child in the middle is normal; the children on both sides have severe muscle weakness and bone deformities, including bowed legs (right) and knock knees (left). From Holick M. Sunlight and vitamin D for bone health and prevention of autoimmune diseases, cancers, and cardiovascular diseaseAm J Clin Nutr 2004;80(suppl):1678S–88S.

 

SUNLIGHT FOR A HEALTHY IMMUNE SYSTEM

The sun’s light has been shown to have effect the immune system, although many of these effects are only poorly understood. 

When some nerve fibres are exposed to sunlight, they release a chemical called neuropeptide substance P. This chemical seems to produce local immune suppression.  Exposure to the ultraviolet wavelengths in sunlight can change the regulation of T cells in the body which can also modulate autoimmune diseases.

SUNLIGHT TO TREAT MELANOMA?

While sunlight can cause skin cancer, it has been shown to release a hormone called alpha melanocyte-stimulating hormone. This hormone appears to limit the damage to DNA damage from sunlight and so may actually reduce the risk of melanoma (but don't try this as a treatment yet. It's certainly not ready for prime time.)

SUNLIGHT FOR YOUR MOOD

Then there’s sunlight for your mood. Seasonal affective disorder – SAD – is caused by a lack of exposure to sunlight, which most affects those living in the northern latitudes in the winter.  SAD was first described in 1984 by Norman Rosenthal working at the National Institute of Mental Health but why it happens is still something of a mystery.  Rosenthal went on to write several best selling books on SAD and how to beat it. The answer appears to be something to do with sitting in front of a lamp that mimics sunlight (but the evidence that this works is still controversial).

 SUNLIGHT FOR BABIES WITH JAUNDICE

Sunlight is also a great treatment for babies with neonatal jaundice. This condition is very common and is caused when the baby breaks down the fetal hemoglobin with which it was born. A product of that breakdown is bilirubin, and if this is allowed to build up in the tissues it can cause lethargy, difficultly feeding, and in rare and extreme cases, brain damage. However, sunlight (or more precisely, the blue band of the spectrum at 459nm)  breaks down this dangerous bilirubin molecule into a harmless one called biliverdin.  So the best treatment for a newborn baby with mild jaundice is to put them out in the sun.  (Failing that, or if the degree of jaundice is not mild, you can consider phototherapy in the hospital.) 

The absorbance spectrum of bilirubin bound to human serum albumin (white line) is shown superimposed on the spectrum of visible light. Clearly, blue light is most effective for phototherapy, but because the transmittance of skin increases with incre…

The absorbance spectrum of bilirubin bound to human serum albumin (white line) is shown superimposed on the spectrum of visible light. Clearly, blue light is most effective for phototherapy, but because the transmittance of skin increases with increasing wavelength, the best wavelengths to use are probably in the range of 460 to 490 nm. Term and near-term infants should be treated in a bassinet, not an incubator, to allow the light source to be brought to within 10 to 15 cm of the infant (except when halogen or tungsten lights are used), increasing irradiance and efficacy. For intensive phototherapy, an auxiliary light source (fiber-optic pad, light-emitting diode [LED] mattress, or special blue fluorescent tubes) can be placed below the infant or bassinet. If the infant is in an incubator, the light rays should be perpendicular to the surface of the incubator in order to minimize loss of efficacy due to reflectance. From Maisels and McDonagh. Phototherapy for Neonatal JaundiceNew England Journal of Medicine 2008.358;920-928.

SUNLIGHT FOR INFECTIOUS DISEASES

 We don't treat infectious diseases with sunlight any more. But it wasn't always that way. Less than eighty years ago sunlight was recommended as a therapy for some patients with tuberculosis. The authors, writing in the journal Diseases of the Chest were cautious:

Even in those cases where the sun can be of great value, it is in no sense a specific cure for any manifestation of tuberculosis. Rest, good food, and fresh air, are still the fundamentals in treating all forms of the disease; and the sun, where it should be used, is only a valuable adjutant...Heliotherapy is not indicated in all cases of tuberculosis. The majority of patients with this disease should never use it...It is not a sure cure for any type of tuberculosis, but is often, especially in some of the extrapulmonary cases, a very valuable—or even necessary—aid.

In today's daf, Abaye once again noted that the sun can heal. His insight were more correct than he could ever have guessed.  

Bright light therapy and the broader realm of chronotherapy remain underappreciated and underutilized, despite their empirical support. Efficacy extends beyond seasonal affective disorder and includes nonseasonal depression and sleep disorders, with emerging evidence for a role in treating attention-deficit/hyperactivity disorder, delirium, and dementia.
— — Schwartz and Olds. The Psychiatry of Light. Harvard Review of Psychiatry 2015. 23 (3); 188.S
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