Talmudology on the Parsha, Re'eh ~ Gentile Music, Mordechai ben David and Dschinghis Khan

Every year, around Chanukah, our family sits at the Shabbat table and sings nearly every song from Tim Rice and Andrew Llyod Weber’s Joseph and the Amazing Technicolor Dreamcoat. If I get particularly lucky, sometimes in shul the chazzan will lead kedusha to a tune of Close Every Door to Me. The perfect (Gentile) tune to a perfect (Jewish) prayer. Which brings us to this week’s Torah reading, where we learn of the prohibition of, well, just what I described.

דברים 12:31

הִשָּׁמֶר לְךָ פֶּן־תִּנָּקֵשׁ אַחֲרֵיהֶם אַחֲרֵי הִשָּׁמְדָם מִפָּנֶיךָ וּפֶן־תִּדְרֹשׁ לֵאלֹהֵיהֶם לֵאמֹר אֵיכָה יַעַבְדוּ הַגּוֹיִם הָאֵלֶּה אֶת־אֱלֹהֵיהֶם וְאֶעֱשֶׂה־כֵּן גַּם־אָנִי׃

לֹא־תַעֲשֶׂה כֵן לַיהֹוָה אֱלֹהֶיךָ כִּי כל־תּוֹעֲבַת יְהֹוָה אֲשֶׁר שָׂנֵא עָשׂוּ לֵאלֹהֵיהֶם כִּי גַם אֶת־בְּנֵיהֶם וְאֶת־בְּנֹתֵיהֶם יִשְׂרְפוּ בָאֵשׁ לֵאלֹהֵיהֶם׃

ּBeware of being lured into their ways after they have been wiped out before you! Do not inquire about their gods, saying, “How did those nations worship their gods? I too will follow those practices.” You shall not act thus toward the Lord your God, for they perform for their gods every abhorrent act that the Lord detests; they even offer up their sons and daughters in fire to their gods.

Commenting on this verse, the thirteenth-century Chezekiah bar Manoah, known as the Chizkuni wrote

אשר שנא אפילו אתה עובד הקב’ה באותה עבודה שהם עובדים את אלהיהם אתה מכעיסו

אשר שנא– “which He hates;” Even if you were to serve God with the same service that they [idol-worshippers] serve their gods, this is repulsive

The suggestion here is that even with the best of intentions, the Jewish People should not emulate the religious services of those outside of their own faith. This week on Talmudology on the Parsha we will take a brief look at the evolution of this prohibition, and the ways in which it has been ignored over the centuries.

The Permissive Bach

Let’s begin with Rabbi Yoel Sirkus (1561-1640), one of the most important poskim of the 16th-17th centuries, who is better known by the the acronym of one of his works, the Bayit Chadach - Bach (like the composer). He was asked whether it was permitted to borrow a Church tune for a Synagogue service. Yes, it was, he wrote, but only if the tune was not uniquely used in a non-Jewish religious service. אבל אם אינם מיוחדים נראה דאין בזה אוסיר -”but if it is not only used by them, there appears to be no prohibition.”

שו׳ת הב׳ח ישנות ס׳קכז אות ה׳

The Prohibitive Ma’aseh Roke’ach

Rabbi Mas’od Chai Roke’ach (b. 1690) took a completely opposite view In a very lengthy responsum, he rejected the Bach as a “lone opinion” that was not to be relied upon:

The conclusion of this matter is that I see no reason for any shaliach tzibbur [prayer leader] to do this. Rather they should use the tunes that are used by all of Israel, each to their own dialect, Sephardim, Ashkenazim, and Italian Jews. For all of these are the words of the living God…

(Fun facts about Rabbi Mas’od: He was born in Izmir, Turkey in 1690 and settled in Israel in 1749. He then spent time in North Africa raising funds for the yishuv, after which he was appointed the Chief Rabbi of Tripoli, as in Libya. He died in 1768.)

The Normative Halakha (at least for Ashkenazim)

In the section in the Shulchan Aruch about “Who is Permitted to Lead Services (דין מי הראוי לירד לפני התיבה) the Polish decisor Rabbi Moshe Isserlis, known as the Rema, wrote the following:

רמ׳א אורח חיים 53:25

וש"צ המנבל פיו או שמרנן להבשירי הנכרים מוחין בידו שלא לעשות כן ואם אינו שומע מעבירין אותו

The shaliach tzibbur [prayer-leader] who fouls his mouth (ie. uses foul language) or sings non-Jewish songs, we warn him not to do this, and if he does not listen, we remove him

The seventeenth-century Polish rabbi Zechariah Mendel ben Aryeh Leib of Krakov wrote the Be’er Heitev, a halakhic commentary on the Shulchan Aruch. In his note to Orach Chaim 53:25 we find his ruling that this prohibition is to be thought of as normative:

בשירי העכו"ם. ר"ל בניגון שמנגן בו לע"א מ"א בשם ת"ה. וב"ח בתשובה ס"ס קכ"ז כ' דוקא ניגון שמיוחד בבית ע"ז.

The Baal Shem Tov and His Gentile Tunes

In his highly entertaining work Otzar Nifla’os Hatorah, Ze’ev Zickerman cites the story of the founder of Hasidism, the Baal Shem Tov, who was wont to appropriate non-Jewish tunes which “he elevated into holiness, and a number of these tunes are now widely sung among Jews.” As an example he cites the song גלותGolus [Exile] which according to legend was composed by Rabbi Yitchak Isaac Taub of Kalov (1751-1821). He heard it being sung by a young shepherd “and he bought the tune from the shepherd and added his own words גלות גלות, ווי גרויס ביסטו - “Oh, exile, exile, how vast you are!”” (You can hear a version here, sung from his armchair by Moshe Laufer, and here is the original Hungarian tune Erdo erdo on which it was based.)

Zickerman also cites the current Rebbe of the hasidic Munkács dynasty, Moshe Leib Rabinovich who testified that his grandfather, Chaim Elazar Spira (1868 –1937) the Rebbe of (the currently Ukrainian town of) Munkács, would sing the davening on Yomim Nora’im to tunes that were based on the military songs of the Hungarian army.

I, too, used non-Jewish melodies in my duties as a shliach tzibbur in my shul in XX, NJ, especially on Simchat Torah. Once, I used to the tune to Amazing Grace for Kedusha of Shacharit (try it... it fits perfectly). My Rav came up to me afterwards and told me he never heard such a beautiful Kedusha in his life. Then someone told him the origin of the tune.... after shul he came up to me and said, “As beautiful as it was, don’t you ever do that again!”. It was beautiful, and still is....
— Talmudology Reader, name witheld.

The State of Contemporary Jewish Music

It doesn’t take long to find “traditional” Jewish tunes that are in fact taken from non-Jewish melodies. Consider, for example, this Yiddish song which I am sure you will recognize. Jewish? Nope. It the beautiful Greek song Misirlou, which was popularized outside the Greek-Armenian community by Dick Dale’s 1962 unforgettable rock version. (And you can learn more about the history of this song, and hear Jewish versions at this NPR piece from 2006.)

A few years ago I gave a class on Zmirot and one of them was Yah Ribon by Israel Najara. He was a popular Hazan and teacher but did not escape controversy. ...
One thing that made Najara controversial was the fact that he was concerned that the youth of Turkey were listening to popular Turkish and Greek songs instead of Jewish ones. So he wrote Hebrew words to these popular songs, which made some people accuse him of abetting what he was claiming to address...
Of course by the time he wrote Yah Ribon nobody was speaking Aramaic, but I guess he wanted it to sound traditional.
— Another Talmudology Reader...

Ghengis Kahn and Mordechai ben David

But perhaps the most surprising and egregious example of Jews using a non-Jewish tune is the Yiddish song Yidden sung by Mordechai ben David. Now of course this is a song to be sung at weddings and bar-mitzvahs, and it is not part of Jewish liturgy. As such, perhaps it falls outside of the prohibition that originates in this week’s parsha. But it is an example of how our tunes continue to be influenced by the wider culture that surrounds us. Here is Mordechai ben David, back in 1989 on a Chabad Telethon:

And here, for your delight, is the original, from where MbD either purchased or stole the tune. It is called Dschinghis Khan, and was performed by a German pop group of the same name. Rather remarkably, they were Germany’s official entry to the 1979 Eurovision Song Contest, which means that what you are about to see was the best that country had to offer. Be warned. There are several bare-chested men in this performance, one of whom has peyot and is wearing what appears to be a plastic Barbie crown. There is also much hoo-ing and haa-ing. Do not try this at home. Or in shul.

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Talmudology on the Parsha, Ekev~Holding It In

דברים 7:14

בָּרוּךְ תִּהְיֶה מִכל־הָעַמִּים לֹא־יִהְיֶה בְךָ עָקָר וַעֲקָרָה וּבִבְהֶמְתֶּךָ׃

You shall be blessed above all other peoples: there shall be no sterile male or female among you or among your livestock.

In a passage in the Talmud (Bechorot 44b) that addresses public urination, we read this:

בכורות מד, ב

אמר ר"ל מאי דכתיב (דברים ז, יד) לא יהיה בך עקר ועקרה ובבהמתך אימתי לא יהיה בך עקר בזמן שבבהמתך

Reish Lakish says: What is the meaning of that which is written: “There shall not be male or female barren among you, or among your cattle” (Deuteronomy 7:14)? It means as follows: When will there not be a barren male among you? At a time that you act as among your cattle, [that is, you urinate when the need arises, without hesitation.]

It is a rather odd statement, and this week, Talmudology on the Parsha will help you unpack it.

Sefer Haredim and Sterility


Sefer Haredim was composed by the kabbalist and poet Rabbi Elazar ben Moshe Azikri (אלעזר בן משה אזכרי‎) (1533–1600) who lived in Safed. It has a unusual structure, written as an explanation of the 613 commandments, but arranged according to the human body, (but when that was not possible, he arranged them according to the time when they are observed). He cited this passage in full:

Sefer Haredim, chapter 32

An adult who holds in his need to urinate violates the prohibition of בל תשקצו – “You should not behave in a disgusting manner” (Lev. 11:43). A child who does the same violates two prohibitions: בל תשקצו and לא יהיה בך עקר ועקרה - “There shall not be male or female barren among you” (Deut. 7:14).

According to this early modern worldview, holding it in as a child was thought to somehow damage the urogenital system, and could result in sterility. This is based on a teaching of Rabbi Abba, found on the same passage of Talmud:


בכורות מד,ב

אמר רבי אבא בריה דרבי חייא בר אבא משתינין מים בפני רבים ואין שותין מים בפני רבים ותניא נמי הכי משתינין מים בפני רבים ואין שותין מים בפני רבים ומעשה באחד שביקש להשתין מים ולא השתין ונמצא כריסו צבה

Rabbi Abba, son of Rabbi Ḥiyya bar Abba, says that Torah scholars may urinate in public and they need not be concerned with issues of modesty, [because holding back from urinating causes bodily harm]. But they may not drink water in public, as such conduct is unbefitting a Torah scholar. And this is also taught in a baraita: Torah scholars may urinate in public, but they may not drink water in public. And there was an incident involving one who sought to urinate, and he did not urinate, and his belly was found to be swollen.

This is one of those delightful passages in which we learn that Talmudic manners were sometimes the very opposite of our modern ones. Because of the perceived dangers of not urinating when necessary, Torah scholars were permitted, or rather encouraged, to urinate whenever the urge arose, even in public. Drinking in public, however, was not allowed, since this was considered uncouth behavior. And then we read a couple of stories in which the urgent public urination of a Torah scholar is described.

שמואל איצטריך ליה בשבתא דרגלא נגדו ליה גלימא אתא לקמיה דאבוה א"ל אתן לך ד' מאה זוזי וזיל אהדר עובדא את דאפשר לך דלא אפשר ליה ליסתכן

Shmuel needed to urinate on the Shabbat [when everyone came to hear halakhot relating to the impending Festival. In order to afford him privacy], they spread a sheet for him. Shmuel then came before his father, who said to him: I will give you four hundred dinars if you will go and retract this incident, [i.e., if you will state publicly that one may not hold back from urinating even at the expense of one’s privacy.] Since you are an important man, you can have others spread a sheet around you. But with regard to one who cannot have others spread a sheet for him, should he endanger himself by seeking privacy? You must therefore teach that no-one should hold back from urinating even in public.

Shmuel’s father was willing to pay him the massive sum of 400 dinars for Shmuel to clarify to the public that “one should not hold back from urinating even in public.” Then comes another story, (describing what must be one of the weirdest incidents in the Babylonian Talmud). While walking over a bridge, Mar Bar Rav Ashi had the urge to urinate. As he was micturating, he was told that his mother-in-law was on her way, which was presumably a suggestion to hurry up and finish. To which he replied, with a most memorable turn of phrase, emphasising just how important it was to urinate when the urge is felt: “I would have even urinated in her ear”(באודנה).

Delayed Micturition and Infertility

But what was it that the rabbis feared might happen if you delayed micturition? Infertility. They believed that failing to urinate frequently enough would render a person sterile. And they tell a chilling example of this happening in the tractate Yevamot.

יבמות סו, ב

רב גידל איעקר מפרקיה דרב הונא רבי חלבו איעקר מפרקיה דרב הונא רב ששת איעקר מפרקיה דרב הונא

Rav Gidel became sterile on account of Rav Huna’s lectures, Rav Chelbo became sterile on account of Rav Huna’s lectures and Rav Sheshet became sterile on account of Rav Huna’s lectures...

Rav Huna had a lot to answer for.  His lectures went on, and on, and on, and on and on and on.  Rashi (Yevamot 62b) explained the relationship between these lengthy classes and infertility:

איעקר מפרקיה דרב הונא.שהיה מאריך בדרשיו וצריכים למי רגלים ומעמידים עצמן ונעקרים כדתניא בבכורות 

Rav Huna would give lengthy sermons and [his students] would need to urinate. But they held it in, and as a result became sterile, as we read in Bechorot.

The suggestion here is that holding-it-in can lead to problems of fertility, and there is at least a theoretical scientific reason why Rav Huna's lengthy classes had the unintended consequence of lowering the reproductive rates of his students.  

Urinary tract infections and infertility - what do Urologists say?

As it turns out, there is a clear relationship between male infertility and repeated infections of the genitourinary tract. Here, for example, is  how one urology textbook opens its chapter on male genital tract infections and infertility:

Male Genital Tract Infections and Infertility. Neal, DE, Weinstein, SH. In Male Reproductive Dysfunction ed Kandeel FR. Informa Healthcare 2007.

Any male GU infection such as prostatitis, urethritis or epididymo-orchitis can reduce both sperm count and the quality of the seminal fluid. OK, but what does that have to do with not urinating when you feel the urge? Well here's the thing: that not-going-when-you-need-to is really not a good idea.

It's quite a challenge to determine scientifically the effect of holding-it-in (and hereafter referred to as delayed micturition, because it sounds nicer) on the risk of getting a urinary tract infection.  You can't very easily randomly assign one large group of healthy volunteers to urinating whenever they want, and a second to urinating only three times a day.

However, there are a couple of observational studies that may be able to tell us something about the risk of delayed micturition.  A 1968 study of 112 women with a documented UTI reported that further UTIs could be reduced by voiding  every two hours during the day (which sounds rather too good to be true). And a 1979 study from the (not-very-widely-read-but-it-really-is-a-journal) Scandinavian Journal of Urology and Nephrology reported that the frequency of UTI was significantly higher among women with three or less voidings per day compared with those who have to go four or more times per day. (Whether this is true for women outside of northern Jutland where the study was conducted remains unclear.)

So a decreased voiding frequency is associated with an increased number of infections, and urinary tract infections are associated with decreased fertility. Thus by the rule of transitive relations (or something clever like it) decreased voiding may indeed be associated in a causative way with decreased fertility.  

All this is highly speculative, and it would certainly be unusual for male sterility to directly result from delayed micturition.  But here's the weird thing: teachers are slightly more likely to suffer urinary tract infections when compared with the general population. Is that because they too, like their students, hold-it-in? (Yes, I know it didn't reach statistical significance, but the authors thought it was important to note, and so do I.)   

Kovess-Masféty, V. Do teachers have more health problems? Results from a French cross-sectional survey. BMC Public Health 20066:101;1-13.

Pity Rav Huna, talking on and on and on, and pity his miserable students who had to sit there with their legs crossed and could likely only think of only one thing. We will give the last word to Rav Acha bar Yaakov, another hapless student of Rav Huna. 

אמר רב אחא בר יעקב שיתין סבי הוינא וכולהו איעקור מפרקיה דרב הונא לבר מאנא

Rav Acha bar Yaakov said, we were a group of sixty students, and all of us became sterile because of Rav Huna's lectures - except me (Yevamot 64b).

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Talmudology on the Parsha Va'Etchanan~Jewish Astronomers

דברים 4:6

וּשְׁמַרְתֶּם וַעֲשִׂיתֶם כִּי הִוא חכְמַתְכֶם וּבִינַתְכֶם לְעֵינֵי הָעַמִּים אֲשֶׁר יִשְׁמְעוּן אֵת כל־הַחֻקִּים הָאֵלֶּה וְאָמְרוּ רַק עַם־חָכָם וְנָבוֹן הַגּוֹי הַגָּדוֹל הַזֶּה׃

Observe them faithfully, for that will be proof of your wisdom and discernment to other peoples, who on hearing of all these laws will say, “Surely, that great nation is a wise and discerning people.”

שבת עה,א

 אָמַר רַבִּי שְׁמוּאֵל בַּר נַחְמָנִי אָמַר רַבִּי יוֹחָנָן: מִנַּיִן שֶׁמִּצְוָה עַל הָאָדָם לְחַשֵּׁב תְּקוּפוֹת וּמַזָּלוֹת — שֶׁנֶּאֱמַר: ״וּשְׁמַרְתֶּם וַעֲשִׂיתֶם כִּי הִיא חכְמַתְכֶם וּבִינַתְכֶם לְעֵינֵי הָעַמִּים״, אֵיזוֹ חָכְמָה וּבִינָה שֶׁהִיא לְעֵינֵי הָעַמִּים — הֱוֵי אוֹמֵר: זֶה חִישּׁוּב תְּקוּפוֹת וּמַזָּלוֹת

And Rabbi Shmuel bar Nahmani said that Rabbi Yochanan said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations”(Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all?  It is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all.

According to the great Rabbi Yochanan (or more likely Rabbi Yonatan, since he was Rabbi Shmuel’s teacher) it is a mitzvah for every person to calculate for herself the positions of the planets and constellations. This is also the position of the important work Sefer Mitzvot Gagdol (#47) complied by Moses ben Jacob of Coucy and completed in 1247. Moses gave two reasons for this mitzvah. The first is that by understanding astronomy, farmers will gain insight into the planting cycle. And secondly, a knowledge of astronomy and the passage of the seasons will help determine when additional months must be intercalated into the calendar so as to allow Pesach to be celebrated in the Spring. But Rabbi Yochanan’s prooftext “for it is your wisdom and understanding in the eyes of the nations” suggests that it is not just about an understanding of astronomy. That knowledge must be demonstrated to those outside of Judaism. And there is, in fact, a long tradition of Jews being astronomers, and sharing their knowledge far beyond the Jewish community. It started with the very first Jew: Abraham.

THE THREE Abraham the Astronomers

According to David Gans, Abraham, the first Jew, was also the first Jewish astronomer. Gans, who wrote his compendium on astronomy around 1612, believed that Abraham had obtained his own knowledge of the stars from none other than the primordial human, Adam.

Adam was an outstanding astronomer . . . and Josephus has written that when Abraham went down to Egypt because of the famine he taught them astronomy and mathematics and was praised by the Egyptians for his outstanding wisdom in these two disciplines....Abraham passed this knowledge to his son Isaac and grandson Jacob.

And so began our long tradition of taking a special interest in astronomy. It would be hard to call the early medieval practitioners astronomers in the modern sense of the word, since almost none actually sat around and looked at the motions of the heavens. Instead they translated works of astronomy into Hebrew, or drew up tables and charts of where the planets could be located, called ephemerides. One of the earliest was Sahl ibn Bishr al-Israili (c. 786–c. 845), also known as Haya al-Yahudi (Haya the Jew) who is believed to have been the first person to translate Ptolemy’s Almagest into Arabic, though not everyone believes that he was actually Jewish.

There is no doubt though that the famous exegete, grammarian and poet Abraham ibn Ezra (d.1167) was Jewish. And he was also a bit of an astronomer too. Actually what he did was mostly astrology, but hey, that’s what everyone did in the twelfth century. He was, according to Bernard Goldstein, “one of the foremost transmitters of Arabic scientific knowledge to the West,” and since Ibn Ezra was one of the first scholars to write on scientific subjects in Hebrew, he had to invent or adapt many Hebrew terms to represent the technical terminology of Arabic. Sadly, some of his translations and original works are no longer extant, but among his most famous works are Sefer Ha’Ibbur (The Book of Intercalation), about the calendar, and Sefer HaMeorot, on medical astrology.

A third “Abraham the Astronomer” was the Spanish Abraham bar Hiyya (d. 1136) who was also an important mathematician. This Abraham wrote Tzurat Ha’aretz (The Form of the Earth) on the formation of the heavens and the earth, as well as Cheshbon Mahalach HaKochavim (Calculation of the Course of the Stars).

Levi ben Gershon

Measuring the height of a star with a Jacob's Staff. From John Sellers' Practical Navigation (1672).

Measuring the height of a star with a Jacob's Staff. From John Sellers' Practical Navigation (1672).

Levi ben Gershon (d.1344) -the “Ralbag” - lived a century later and made an enormous contribution to astronomy. He is well known as a Jewish philosopher and the author of Sefer Milhamot Ha-Shem, (The Wars of the Lord), which took some twelve years to write. He also wrote Ma’aseh Choshev, a work on mathematics. It was not widely read outside of Jewish circles since it was never translated from the Hebrew, though it contains a number of very important theorems. But Levi was also an astronomer in the sense of the word used today. According to the late Yuval Ne’eman, “he personally remeasured everything, basing his models on his own observations only. In that, he is rather unique for that period. Levi writes "no argument can nullify the reality that is perceived by the senses, for true opinion must follow reality, but reality need not conform to opinion" - certainly not the usual position in the Middle Ages.” The Ralbag is also generally credited with the invention of an astronomical device called Jacob’s Staff. It measured the angles between heavenly bodies, and was also used by European sailors for navigation. Levi’s contributions to astronomy are recognized today; there is a crater on the moon named after him.

David Gans, Astronomer Extraordinaire

Another Jewish astronomer who actually did real astronomy was David Gans, who we mentioned above. Gans was born in 1541 in Germany though he spent most of his later life in Prague. While there, he frequented the observatory of Tycho Brahe and Johannes Kepler and learned his astronomy directly from what he saw. His description of the time he spent inside the observatory is perhaps the only one of its kind in rabbinic literature: It’s worth reading just for that:

I can recount how in the year 5360 (1600) our exalted lord Emperor Rudolf (may his glory be uplifted), a man of wisdom, full of general knowledge and expert in astronomy, who values and honors those who are learned, sent a mission to Denmark to invite the eminent scholar Tycho Brahe. He was a scientist and learned in astronomy, and a man who is a prince among his people. The Emperor installed him in a castle in Benatky (which is about five parsaot from the capital Prague), where he remained isolated. [Rudolf] gave him a yearly allowance of three thousand talars together with bread, wine and beer, not to mention other gifts. There he lived with twelve others, all of whom were experts in astrology [sic] and in the large instruments [for measuring,] the likes of which had never been seen. The Emperor Rudolf built thirteen consecutive rooms, and in each room were special instruments that enabled them to view the paths of the all the planets and most of the stars.

Throughout the year they would make and record daily observations of the Sun’s orbit, its latitude and longitude and its distance from the Earth. At night they would carefully do the same for each of the six planets and most of the stars, noting their latitude, longitude and distance from the Earth. I, your author, was there on three separate occasions, each lasting five consecutive days. I sat with them in their observatory, and I saw how they worked. They did amazing work, not just with the planets but also with the stars, recognizing each by its name. When each star would cross the meridian its position would be measured with three different instruments, each operated by two experts. This position would then immediately be transcribed into hours and minutes, for which purpose [Tycho] had an amazing clock. I can testify that none of our ancestors had ever seen or heard of such a device, and it has never been described in a book, whether written by a Jew or Gentile.

And a Famous Jewish Female Astronomer

There are dozens and dozens of other examples of famous medieval and modern astronomers that we cannot include because of space (though you can find a partial listing here). But let’s end with a Jewish astronomer who just had an observatory named in her honor - Vera Rubin (1928-2016). She was born to Jewish immigrants in Philadelphia, educated at Vassar, Cornell and Georgetown, and moved to the Carnegie Institution in Washington in the 1960s. She studied the rotation of galaxies, and discovered that something other than their matter must be holding them together. As her obituary in The New York Times noted, “her work helped usher in a Copernican-scale change in cosmic consciousness, namely the realization that what astronomers always saw and thought was the universe is just the visible tip of a lumbering iceberg of mystery.” Being a woman in a man’s field had tremendous challenges, and called for ingenuity:

…she still had to battle for access to a 200-inch telescope on Palomar Mountain in California jointly owned by Carnegie and Caltech. When she did get there, she found that there was no women’s restroom. …Dr. Rubin taped an outline of a woman’s skirt to the image of a man on a restroom door, making it a ladies’ room.

Vera Rubin was elected to the National Academy of Sciences, and in 2019 the Large Synoptic Survey Telescope was renamed the National Science Foundation Vera C. Rubin Observatory in recognition of her contributions to the study of dark matter and her outspoken advocacy for the equal treatment and representation of women in science. Despite her achievements she remained humble. “I’m sorry I know so little. I’m sorry we all know so little” she once said."But that’s kind of the fun, isn’t it?” Yes. It is.

The Vera C. Rubin Observatory and its target.

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Talmudology on Tisha B'Av ~ Giving Up

לעילוי נשמת חיים בן אריה, הי׳ד

Chaim ben Aryeh, a bus driver from the Otef Gaza region was somewhat of a local legend; the father of eight, he had been a bus driver in Gush Katif, where he had been known as “Everyone’s Chaim.” He was Chaim the school bus driver, Chaim the troop transporter, Chaim the volunteer medic. On that dreadful Saturday night of October 7th, Chaim once again climbed into his bus to drive the children. But these were not children chatting on their way to school, children excited for a day trip to the museum. These children were the survivors of the massacre. And unlike all the children he had ever driven, they sat in their seats completely silent.  For the very first time in his life, he felt utterly helpless.

Chaim had witnessed tragedies before. He had driven buses that had been shot at, driven over roadside bombs, and driven the local ambulance to and from scenes of unimaginable suffering. But this was different. He returned home in the early hours of Sunday morning, and with tears in his eyes he uttered to his wife Irit these simple words: “I could not save them.” He told her of the children on his bus whose clothes and faces were covered with blood, of the few surviving adults who had sat behind them wearing only their underwear and wrapped with a towel. The children made no sound. There was no crying. Chaim could not save them.

Chaim carried much, but this was unbearable. He spent the next several days watching the television, watching the news unfold, and then he took his own life on the bus he had driven on that terrible night.[1]

Chaim ended his own life, but Hamas killed him.

How are we supposed to respond to the unthinkable, to live in a world that is without justice? This is of course not a new challenge. I started writing this from the old Jewish quarter in Krakow, where the Nazis murdered Jewish children in the orphanage by throwing them out of the window. Depravity is always just a moment away. But somehow, and like in so many other ways, this seems different. There are, and continue to be stories of heroism and compassion. They are often as utterly fantastic as the circumstances that caused them. But sometimes they are not enough. They never will be. Sometimes the flame that is the will to continue is extinguished. 

For those with faith, with resolve, the path forward is clear. But for the rest of us, on what shall we lean? What happens when, once again in our lachrymose history, the pain of life seems worse than the abyss of death?

*

Rabbi Shimon Pollack and the First World War

Austro-Hungarian Jews played a large role during World War I, when it is thought that over 300,000 served in the army. The military made several accommodations for its Jewish servicemen.  Kosher kitchens were established, and almost 80 Jewish chaplains served their co-religionists. The Jewish community of Vienna even produced a pocket-sized siddur that could be carried into battle. It is little wonder then, that during the chaotic years of the war, many of those Jewish soldiers went missing or died without their immediate family being notified.[2]

Rabbi Shimon Pollak was born in Hungary, around 1850, and died in May 1930. He served as the rabbi of Beiuș (Belényes in Hungarian) in the Bihar region of western Romania for twenty-eight years, and where about 14% of the population were Jewish. In his later life moved to the Romanian city of Oradea, known as Großwardein in German (and Groysvardeyn in Yiddish) where he is buried.[3], [4] But it was while he lived in Beiuș that he wrote Kol Berama, which was published in 1916. The book was dedicated to his daughter Rama, who died, most likely from tuberculosis, in March 1915, and it addresses one topic: should the Jewish people continue to have children, given the tragedy of their circumstances? Perhaps, ventured the rabbi, now was the time to finally give up all hope, and allow the Jewish people to quietly disappear.

To understand the essence of this shocking suggestion we must turn to a passage in the Talmud that discusses intimate behavior during famine and natural disasters. According to the third-century sage Resh Lakish, “it is prohibited for a person to have conjugal relations in years of famine . . . nevertheless, those without children may have marital relations in years of famine.”[5]

תענית יא, א

אָמַר רֵישׁ לָקִישׁ: אָסוּר לְאָדָם לְשַׁמֵּשׁ מִטָּתוֹ בִּשְׁנֵי רְעָבוֹן, שֶׁנֶּאֱמַר: ״וּלְיוֹסֵף יֻלַּד שְׁנֵי בָנִים בְּטֶרֶם תָּבוֹא שְׁנַת הָרָעָב״. תָּנָא: חֲסוּכֵי בָּנִים מְשַׁמְּשִׁין מִטּוֹתֵיהֶן בִּשְׁנֵי רְעָבוֹן

Another sage, Rav Avin, who lived in the early fourth century, had a similar teaching. He cited a verse from the Book of Job, “Wasted from want and starvation, they flee to a parched land,” and taught “when there is any want in the word, make your wife lonely.”[6] These two teachings found their way into normative Jewish law. The first was codified in the Shulchan Aruch, first published in Venice in 1565. The second was added to a gloss on it written by the Polish rabbi Moshe Isserles who died in 1572. “This applies,” he wrote in his commentary that became the accepted code of practice for Ashkenazi Jews, “to all kinds of natural disasters, for they are just like a famine.”[7]

שולחן ערוך או׳ח 240

אסור לשמש מטתו בשני רעבון אלא לחשוכי בנים הגה וע"ל סי' תקע"ד ס"ד וה"ה בשאר צרות שהם כרעבון [ירושלמי דתענית]

It was during the First World War that Pollack revisited this question in the book he had named for his dead daughter. Over 30 dense pages he wrote about the awful situation in which the Jews of war-stricken eastern Europe found themselves. He quickly came to his thesis, an unambiguous declaration of his halakhic ruling.

I have seen with my own eyes, these terrible times of trouble…with voices wailing in new refugee camps [iray miklat] that were established by the government for our bereaved brethren, that there are no ritual baths [mikva’ot] for women to use…And as for myself, I am extremely distressed and wonder, if, in these times of sin, anger, war and famine, if it is permitted for anyone to have conjugal relations. This is not just for the pious; this is absolutely prohibited for any couple.

The book weaves together sources from the two Talmuds, Midrash and halakha as the author addresses the many and varied aspects of this ruling. Did this only apply to famine as its talmudic author Resh Lakish had ruled, or did it extend to other disasters, as Rabbi Moshe Isserles had ruled in his gloss to the Shulchan Aruch?

Rabbi Pollack weaves practical and mystical explanations into a seamless stream of consciousness. Practically, he wonders, did Resh Lakish rule as he did because during a famine there would not be enough food to feed the children brought into the world?[8] Mystically, perhaps this only applies when there is specifically a lack of grain, which somehow is under the direct jurisdiction of God? Perhaps intercourse is forbidden only on a Wednesday and Friday evening, because of something to do with the creation of the planets and the mitzvah to have relations on the eve of Shabbat? He also addressed some strangely contemporary philosophical questions: do existing persons have greater rights than potential persons?[9]  

Pollack looked back at Biblical history with a critical eye. How did Joseph allow himself to have children, and to eat so lavishly during the terrible seven-year famine described in Genesis? Certainly, he wrote, that when Joseph invited his brothers to a feast “this would not have been permitted according to the spirit of Torah law…why did Joseph rule leniently about this matter?”[10] While remaining deeply mindful of the chain of Jewish tradition, of course, he ventured his own answer. “Where I not fearful of offering a solution, I would have ventured to suggest that Joseph died before his older brothers because he allowed himself to provide an excessive meal, when all around there was a famine.”[11] He raised similar questions about the behavior of King David, who took Uriah’s wife as his own during an intense war with the Philistines.[12] And here he ventured beyond the traditional respect he gave to the motives of biblical figures. “Since David didn’t care about the grave sin of adultery, why would he care about the lesser sin of procreation during a war?”[13] He even speculated about whether the father of Moses had erred in fathering not one but three children (Miriam, Moses, and Aaron) while his entire nation was enslaved.[14]

After answering these and several other questions about the conduct of biblical figures to his satisfaction, Pollack reached his conclusion (again). In a larger font he wrote:

ומכ״ש אם נלוה להצרות רבות ורעות - של מכת חרבו הרג ואבדון ושרפת אש ונשים בציון המצוינות נתענו ובתולות בערי יהודים נתחללו לאין מספר ושרי ישראל  ביד אויביהם נתלים ואף פני זקנים וזקנות ועוללים ויונקים לא התחוננו לחמול ולחוס עליהם - והא בביזתא והא בשביא והא במלקיותא או מיתה במקום מלקות — והילול שבת ומאכלות אסורות של כמה אלפים ורבבות ורבי רבבות נפשות מארבע כנפות הארץ וטלטולא דגברי ונשיהם העגונות וטפלי התלוים בהם הנעים ונדים ולא ימצאו מנוח לכף רגלם ונדחה קראו להם מדחי אל דחי ואינם יודעים אפי' מקום אביהם ואמותיהם או בניהם ובנותיהם ואחיהם ואחיותיהם וכדומ׳ ואיפה הם רועים ואם הם עוד בחיים או לא וכו׳ עד שאבן מקיר יזעק וכו' - עוד הצרה דרעבון ורעב״א דרעבון שבודאי ישי בו איסור תשמיש כפול ומוכפל בכפלי כפלים

. . . Consider the many terrible troubles, blows, the sword, murder, loss and the fires consuming the women of Zion and the countless young girls in Jewish towns who are ravaged, and the young Jewish men who are hanged by the enemy, not to mention the elderly and the infants. We could never end mourning for them . . . and then there is the desecration of Shabbat, and the eating of non-kosher food that thousands upon thousands have committed . . . and there are the women who do not know what has become of their husbands, and the many children who depend upon them, all of whom wander without respite for their weary feet . . . they do not know the fates of their fathers or their mothers, their sons or their daughters, their brothers and sisters. Where are they wandering? Are they even still alive? . . . It is certain therefore that there is a complete and utter prohibition against conjugal relations.”[15]

Pollack had opened with a discussion of how Jewish family life had become impossible without mikva’ot, and returned to this theme towards the end of his book. He even suggested that it may have been a good thing that that mikva’ot had not been built in the refugee camps, because without them, intercourse was forbidden, and couples would not be able to transgress the prohibition made by Resh Lakish.[16] At the very least, he suggested posting notices in any of the remaining functioning mikva’ot that their use was only permitted for those whose sexual drive could not be controlled. The logical consequence of his reasoning was that new marriages should be forbidden.[17] And this was precisely the opinion he held. In a radical departure from normative tradition, now was not the time for new Jewish homes to be established. “How can we start a marriage and a Jewish home when God is engaged in the destruction of his world?”[18]

Despite his lengthy passages declaring the contrary, Pollack ended with a more muted ruling than that with which he had started.

In light of all this, I am not ruling in general terms and for all people. Rather, my ruling is for those who are able to withstand the temptation. But for those whose urges are too powerful to resist, it is better to choose the lesser of two evils. Each person should make their own decision, and this is a deeply private matter.

And with this, Shimon Pollack ends perhaps one of the most painful of Jewish works written since the Book of Lamentations.

 All of us are familiar with the marriage ceremony at which a glass is broken as a memory of Jerusalem’s destruction. But this act is immediately followed with singing and dancing as the bride and groom step away from under their chuppah and begin to build their bayit ne’eman beyisrael. Could we ever have thought it possible that Jewish law would capitulate to the horrors that the Jewish people encountered? And yet, it is here, in this ruling of Rabbi Shimon Pollack’s long forgotten text. The Jews have been defeated.  We need not go on.

It should be emphasised that Kol Haramah was written in eastern Europe during the First World War, and not during the Second. The worst (if it is even possible to compare tragedies of this magnitude) was still to come. And when it did, the same question was raised and the same inevitable ruling followed. 

Rabbi Yisroel Alter Landau and the Second World War

In 1940, Rabbi Yisroel Alter Landau (c. 1884–1942), the Head of the Rabbinic Court in the northern Hungarian town of Edeleny (in Yiddish, Edelen) was asked whether under the circumstances - which at the time were the Hungarians collaborating with the Axis powers - the talmudic prohibition should be re-instated. “As a result of our many sins this is a time of great hardship for Jacob and Israel,” he wrote to his interlocutor,

Israel is enslaved in most countries [in Europe] and also here [in Edeleny] both physically and spiritually. We are made to work very hard, just as we did in Egypt. We have to repair the roads, and in many places the yeshivot and mikva’ot have been closed . . . Because of our many sins there are new decrees against Israel each and every day. May God have mercy on us and may we see his deliverance very soon.

As a result, it would seem fitting for every Jewish husband to separate physically from his wife and not engage in marital relations, even if he himself is not in any danger, for it is a time of great hardship for Israel.

 In his lengthy responsa, Rabbi Landau reviewed the same sources and reached the same general conclusion as had Rabbi Pollack his predecessor. Still, he was more circumspect, and cited the verse in Exodus (1:12 ) in support: “The more the Egyptians oppressed them, the more they multiplied.” While there was no need to rule strictly and forbid conjugal relations, each person should decide for themselves “for a wise person has eyes in his head” (Ecclesiastes 2:14). Deep inside Nazi occupied eastern Europe, Rabbi Landau ended with this prayer:  

May the Holy One, Blessed Be He, come to our aid, as He did for our ancestors in Egypt. May he perform miracles as He did for our ancestors in Egypt, and may we merit the salvation of Israel and a merciful and complete redemption speedily and in our time.

But his prayer was entirely unanswered. He died of natural causes in 1942 at the age of only 58; his wife Rachel and several of their adult children were murdered by the Nazis in 1941 and 1942.[19]

Rabbi Hayyim Elazar Spira of Munkacz

While these two rulings overwhelmingly supported a ban on building a Jewish family, we should not expect them to have been universally accepted. One rabbinic leader who opposed the ban was Hayyim Elazar Spira (1871–1937), head of the Rabbinic Court of Munkacz (today Mukachevo) in western Ukraine who addressed the question in a work published in 1930. He noted that during and after the First World War the question of prohibiting conjugal relations had arisen, but that it had been permitted. One of the reasons was that the war and the later troubles that befell the Jewish people (including the Bolshevik uprising) seemed endless. Under these depressing circumstances, it would be necessary to prohibit conjugal relations “forever,” which would clearly be improper. Rabbi Spira also wrote that he had heard of “a certain leader who ruled that conjugal relations were absolutely forbidden for the duration of the [First World] war.” And then comes this remarkable passage:

This brought me incredible laughter, that which this old man (close to eighty) had warned against, and that which he ruled for his children. It made a laughingstock of us all. When we heard of this our hearts would sink, for this ruling had no basis, and it is terrible to continue to speak of such a thing. Perhaps much was hidden from the eyes and the thinking of this old man. May the Master [God] forgive him! [c.f. Sanhedrin 99a.] Still, he should be given some respect. But nevertheless, the practical halakha is that Heaven forbid would we ever prohibit this.

 Although Rabbi Spira did not identify the “old man” whose ruling he so disparaged, it was almost certainly Rabbi Pollak.[20]

Such works are rare in the enormous corpus of Jewish literature. Indeed, given the history of the Jewish People, it is somewhat surprising to find that there are so few of these kinds of books. But their rarity does not imply that they describe an unusual emotional reaction. Indeed, the only surprising thing is that, as moderns, we have not felt it more frequently. And that is surely because, as moderns, we have felt perfectly at home in whichever diaspora we have lived.  We have thrived, studied, earned professional or financial comfort, and have passed these values on to our families. When we have visited Israel, it was always with a thrill of coming home, even if it was equally true that it was from our homes that we had just travelled. We were Jews who were twice blessed. We had two homes, and in each we prospered.

This ended in the aftermath of the massacre of October 7th. Instead of a world that we had expected to extend to us the same courtesies that we had ourselves extended to others, we found ourselves unimaginably alone. We, which is to say we Jews, were no longer the citizens of two homes. We were outsiders, and outsiders are always treated with suspicion and often with contempt. Three generations of complacency had led us to expect that we would never feel existentially lonely in a democracy like ours. We were mistaken.

*

The choice of Isolation & the Imposition of Loneliness

In The Origins of Totalitarianism (1951) Hannah Arendt distinguished between isolation and loneliness. “I can be isolated” she wrote, “that is, in a situation in which I cannot act, because there is nobody who will act with me — without being lonely; and I can be lonely — that is in a situation in which I as a person feel myself deserted by all human companionship — without being isolated.” Isolation is an impasse in the political sphere of our lives, where our common goals are destroyed and “I cannot act, because there is nobody who will act with me.”

More recently, the philosopher Kieran Setiya has described loneliness as “the pain of social disconnection.” In his 2022 book Life is Hard, he noted that because we are “social animals with social needs,” we experience loneliness when those social needs are unmet. Setiya here is addressing the feeling that follows from a lack of family, friends, and romantic partners, and it is incontrovertibly true that for the nuclear observant Jewish family, such an absence is remarkably unusual. Why then, has the war of October 7th left so many of us feeling as alone as Robinson Crusoe on his deserted island? The social needs of most modern orthodox Jews are sustained primarily through our nuclear family and the friendships that are bonded by the regularity of a set of shared Jewish obligations. What then, has changed? Why do the Tic-Toc wars and student sit-ins result in an existential solitude that we have never before experienced?

One answer – and surely there are several – lies in a deeper understanding of the social isolation that is a defining feature of the orthodox Jewish life. While we have never really acknowledged it, we have felt all along that we are socially isolated from the larger outside non-Jewish world. The old city ghetto wall that forced Jews to live with each other has long been replaced by our choice to live with each other in close proximity surrounded by an eruv. Within the suburbs, we are sustained and nourished by those who are like us. And yet we believed – indeed, for decades our experience has taught us – that should we choose to seek it out, our acceptance by those outside of the invisible ghetto wall was never in question. Orthodox, or better, recognizable Jews might choose to be socially isolated from the wider non-Jewish world, but they were never alone. At any time, we could reach out and flourish under a shared set of liberal Western values, which, we thought, are derived from and hence similar to our own. For those who wished to enter politics, the door was open. There, our only disagreements would be with those who did not vote with us. And we could openly support Israel because she shared the values of all WEIRD societies.[21]

But in the weeks that followed the October pogrom, our choice of isolation was replaced by an imposition of loneliness. We were not the welcome equals we had long imagined ourselves. Yes, we could march on Washington, but there were still buses that refused to transport us from the airport. We could raise vast sums of money, but there were still counties – allies!- who would embargo the arms we needed to defend ourselves. Our chosen isolation turned into an existential loneliness that no one, outside of the last remaining eyewitnesses of the Holocaust, could have ever imagined.

Perhaps then, it is from this that our feelings of despair have arisen. Like Chaim ben Aryeh, we feel alone because we feel that this time it is different. Chaim saw it on the faces of the children he evacuated. We see it on the faces of the adults we sit next to on the subway. If we feel despair, we can acknowledge that this emotion too is an authentic Jewish response to the horrors we have witnessed from up close or from afar. Chaim could no-longer bear to go on living, and Rabbi Pollack could no-longer allow Jewish children to be born into a world of depravity.Of course we will rebuild, because that is what we do. We will flourish because that is our eternal destiny. It is just that sometimes, the price seems too high.

עד הניצחון


[1] All these details come from an interview with his wife, see https://www.ynet.co.il/health/article/sy2ipepfp, accessed November 8, 2023.

[2] Schmidl, Erwin: Jüdische Soldaten in der k. u. k. Armee, in: Patka, Markus im Auftrag des jüdischen Museums Wien (Hrsg.): Weltuntergang. Jüdisches Leben und Sterben im Ersten Weltkrieg, Wien/Graz/Klagenfurt 2014, 45-51. Rozenblit, Marsha L.: Reconstructing a National Identity. The Jews of Habsburg Austria during World War I, Oxford 2001, Lichtblau, Albert (Hrsg.): Als hätten wir dazugehört. Österreichisch-jüdische Lebensgeschichten aus der Habsburgermonarchie, Wien/Köln/Weimar 1999.

[3] From https://www.geni.com/people/%D7%A8%D7%91%D7%99-%D7%A9%D7%9E%D7%A2%D7%95%D7%9F-%D7%A4%D7%90%D7%9C%D7%9C%D7%90%D7%A7-%D7%96%D7%A6%D7%95%D7%A7-%D7%9C-%D7%90%D7%91-%D7%93-Belenyes-%D7%91%D7%A2%D7%9C-%D7%A9%D7%95-%D7%AA-%D7%A9%D7%9D-%D7%9E%D7%A9%D7%9E%D7%A2%D7%95%D7%9F/6000000002087045307.

[4] See the frontispiece and introduction of Shem Mishimon, his book of responsa published posthumously in Satmar, Romania in 1932. It contains a brief approbation from Yosef Chaim Zonenfled, the leading rabbi of Jerusalem.

[5] T. B. Ta’anit 11a.

[6] Job 30:3, T.J Ta’anit 1:6.

[7] Shulchan Aruch Orach Chayim 240.

[8] “It is certainly reasonable to be concerned that during a famine procreation is forbidden, for even without new children there is scarcely enough food. Were we to have children we would need to take what little the adults have and give to the children…and when a woman is pregnant, she requires more nourishment” (KH 7.)

[9] “We should never value the worth of one life over another, and we should certainly never allow potential life to take precedence over an actual life” (KH 5). The question of the value of potential compared to actual ones was the life work of the late Oxford philosopher Derek Parfit. See for example, his Reasons and Persons (Oxford, 1984).

[10] KH 9.

[11] KH 11. He offered some solutions on pp 38-39. He also suggested that the prohibition was based on the presence of evil spirits. See KH 55.

[12] II Samuel 11-12.

[13] KH 24

[14] KH 14. Pollack suggested that Moses’ father, through divine inspiration, knew that he would sire the savior of his people, and so allowed himself to engage in procreation. Pollack would go to rather extreme lengths to justify the behavior of biblical figures. He ventured that perhaps Moses’ father had not engaged in intercourse, but had merely acted as a sperm donor, accidentally depositing his seed in a bath in which his wife would later bathe. (See TB and KH15.) Similarly, the wives of Machlon and Chilayon mentioned in the Book of Ruth were allowed to have children because they were not born Jewish, but had converted (KH 21).

[15] See Shimon Pollak, Kol Haramah Vehafrasha [The Lofty Voice of Separation] (Waitzen (Vac): Tel Talpiot, 1916) (Hebrew), especially 31. Emphasis added.

[16] KH 70.

[17] KH 71-72.

[18] KH 72.

[19] See Yisroel Avraham Alter Landau, Shut Bet Yisrael [Responsam of the House of Israel] (New York: Brooklyn, 1994) (Hebrew), Even Ha’ezer #152.

[20] See Hayyim Elazar Spira, Nimukei Orah Hayyim [Legal Decisions on Orah Hayyim] (New York: Edison Lithographic, 1930) (Hebrew) #574, 106. Pollack would have been about 66 years old, at the time he published his book, and not 80 as Spira suggested. More recently, the question of whether intercourse was permitted during the pandemic years of COVID was raised. See Brown, J. The Eleventh Plague, Oxford University Press 2023, 313-314.

[21] Western, Industrialized, Educated, Rich and Democratic. See Joseph Henrich, The Weirdest People in the World: How the West Became Psychologically Peculiar and Particularly Prosperous. New York, Farrar, Straus and Giroux 2020.

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