Almost Eden

BS"D Parashat Yitro 5770

Prior to the revelation at Mount Sinai, the newly freed nation of Israel encamped at a place called Mara, where HaShem revealed to Moshe three out of the pending 613 mitzvot: Shabbat, honoring one’s father and mother, and civil laws (there is an opinion that para aduma [red hefer] necessary for the removal of tumat met [tuma caused through contact with a corpse] was included at Mara).

The parasha relates that after the Mara experience Moshe served as the sole judge in all halachic matters. Yitro, Moshe’s father-in-law, who had gained wide experience in governmental affairs while serving as one of the three closest advisors to Paro, looked askance at the heavy judicial load Moshe was bearing. So, in the spirit of everyone's interest, good father-in-law, Yitro suggested to Moshe that he establish a judicial system composed of judges at various levels of judicial responsibility, with Moshe serving as Chief Judge in cases which were beyond the capacity of the lower courts to decide.

Follow up:

This was a brilliant idea that only a genius on the level of Yitro could put forward. Indeed, a legal system based on many judges rather than one judge serving millions of people, and as people say "why didn’t I think of it?"

It is obvious that Moshe Rabbeinu did not need his father-in-law’s expertise to teach him the ABC’s of judicial organization. So why did Moshe wait for Yitro’s suggestion in order to implement these necessary changes?

I suggest:

Not only was Moshe unable to change an iota of what HaShem had commanded, but because of his great yir’at HaShem (awe of God) Moshe could not bring himself to even suggest his own opinions. The times that Moshe did try to change HaShem’s mind were only those instances when he prayed for atonement for the sins of Am Yisrael.

At Mara, Moshe was not commanded to create a judicial system, so he could not bring himself to suggest one, even though he was aware of its necessity and benefits. Yitro, however, was far away from Moshe’s perception of the Almighty, so he did not have the constraints of Moshe. Moshe knew what Yitro knew, but Yitro was able to suggest the changes without his conscience paralyzing him.

Moshe implemented Yitro’s suggestions, but according to the Midrash (Mechilta parshat Yitro) only after he had received nevu’a (prophesy) from HaShem affirming the changes from a single judge to a national judicial system.

There are many things in our religious lives here in Eretz Yisrael which require change.

In my younger years, I never dared to suggest to my rabbis what, in my opinion, needs improvement. Today, I don’t feel constrained in the matter and I would like to suggest several changes, out of many, which would improve the quality of our lives as bnei Torah.

My suggestions are geared only to the situation in Eretz Yisrael, not to the religious communities in the galut, because a doctor prescribes medicine only to those patients who have a chance for recovery.

This list is not necessarily in order of importance nor is it complete, but it’s a beginning.

1- Semicha (rabbinic ordination) would be conferred only in Eretz Yisrael as stated in Tractate Sanhedrin, and only after thorough testing of the applicant -- only in Ivrit.

2- The title Rav or Rabbi may be used only by those who have received ordination in Eretz Yisrael and are involved exclusively in rabbinical matters. This excludes caterers, owners of homes for the aged and hotel owners etc., who use the title to create a perception which is not necessarily accurate.

3- There is chaos in the study programs of most young-adult yeshivot. The material being learned is, for the most part, according to the individual preference of the student, and not goal orientated, except for the studies themselves. I would suggest copying what the secular schools of higher learning have done so successfully, that is have a set curriculum, as follows.

--Divide the years of yeshiva study into three phases.

Phase 1:

• The first four or five years to be dedicated to completing the entire Shas (Talmud), with as many accompanying commentaries according to the intellectual gifts of the student.

• At the end of this phase, students will undergo tests that will determine who will continue to the next phase of Torah study in the yeshiva.

• Those accepted would be entitled to a respectable stipend with which they could support a family.

Phase 2:

• The course of study would include a review of the Talmud and commentaries, and the systematic study of the entire Shulchan Aruch.

• After this, another test would confirm those who were worthy to continue.

Phase 3:

• In the third phase, the student must choose a particular field of halacha, such as: Shabbat, medical halacha, halacha and technology, halachot in the military, halachot of food, family matters, halachot of tuma and tahara, the bet hamikdash, etc. The studies would include a wide ranging number of responsa on that particular subject.

• The three phases would be followed with comprehensive written and oral tests leading to semicha (ordination).

For those who would not be accepted for the third phase leading to semicha, there would be a program for teachers of Torah, in preparation for the huge wave of ba’alei teshuva (Jews who return to keeping the Torah) destined to be here in the not far off future.

In ten years, this program would provide Am Yisrael with expert rabbis is every field of halacha to fill the gap that exists today, where one who has a halachic question often does not know to whom to turn.

Students who leave the program would join the work force in the many areas of our lives. This does not mean the end to Torah study. Because when one returns from work, and dedicates 4-5 hours of study a day, he can reach the goal of being a talmid chacham (talmud scholar) even outside the yeshiva framework.

Students who conform to the rabbinic program would be deferred from military service, but only on condition that the learning schedule would be as strenuous as the military schedule. Studies would begin at 5:00AM before shacharit (morning prayers) and continue into the night.

All others would have to perform the huge mitzvah of physically protecting the Jewish nation in Eretz Yisrael.

4- In the matter of shiduchim (matchmaking). Parents would be prohibited from discussing financial matters until the young couple announces their intention to marry. This is meant to eradicate the ugliness which has crept into some yeshiva societies, where too often the money issue decides who will marry whom and who will not marry at all.

5- I inform young yeshiva men at whose weddings I officiate that a chuppa wherein one shakes as if being led to the gallows is a grave travesty of the truth. It is a time to be the happiest, and it is even "permitted" for the chatan to greet his soon to be wife when she comes under the chupa, rather then looking away in embarrassment.

I don’t understand why at most yeshiva wedding ceremonies no one speaks under the chupa. It is the time when the hearts of the young couple are most open for words of Torah and joy; usually the silence is deafening.

I would throw out all loudspeakers at the wedding feast. I haven’t stayed at a wedding feast for the longest time, because my hearing and sanity are important to me.

I would also suggest to have the mechitza between the men and women at weddings up only for the dancing part, because there is no better and kosher time for young people to meet than at a friend’s wedding.

6- I would also suggest a general code of behavior.

There are several behavioral patterns which, in my view and in the view of many others, do not give honor (understatement) to the Torah, and certainly cannot be viewed as role models of a people chosen by the Creator.

I said "in my view and in the view of many others". One of the "others" is none other than the master teacher of klal Yisrael - Rashi.

In parshat Devarim 4:9 it is stated:

"Be watchful and guard yourselves (your souls) lest you forget what your eyes have seen, etc."

Rashi comments on this verse, that if we keep the Torah we will be perceived by the nations of the world as knowledgeable and wise people. But if we forget what the Torah teaches us and we pervert our way of life, we shall be perceived by the nations as FOOLS.

Now one can say, "what do we care what the world thinks of us, as long as we keep the Torah!"

There are many points which I could raise in reply, but the overriding one, in my view, is as follows:

There is a big world out there, and all human beings are made in the "image" of God. True, we are God’s chosen people but we are not His ONLY people. The vision of the prophets is not a world devoid of gentiles, but a world wherein all people will recognize the centrality of Hashem.

Look a moment at the chapters of "Alaynu Le’sha’bayach". The hope is for the "reformation" of society where peace, honor, compassion and justice reign supreme, among ALL people.

A world where we, the Jewish nation, will perform all the 613 mitzvot and the nations will keep their seven Noachide laws. A time when we will serve as Kohanim to the world; when all peoples will turn to Yerushalayim and the bet hamikdash as the stairway to heaven.

To say "what do we care about the world!" is to be oblivious to the "tikun" (rectification of society) to overcome that which was defiled in Gan Eden.

The goal seems today to be a dream. When mothers encourage their children to wear suicide belts and explode themselves among Jews, there is little hope for the vision of the prophets. But this is part of the mystery of life about which we have little to say. But the point is, that we have to serve as the role model of what HaShem’s greatest handiwork should be. To do otherwise is a chillul hashem.

Let’s return to the general code of behavior.

This list is far from complete but again it will serve as a good beginning.

1.Appearance:

• Always clean
• Beard trimmed and payot close cropped
• Recognizable as a Jew - sizable kipa, hat; women with stylish head covering never ostentatious and most certainly no fashion shows in the bet kenesset

2.Attitude:

• Kindness and friendship to all people: religious and non-religious, Jew and gentile.
• Emphasis on politeness (be first to say hello, as stated in the gemara) be a "mensch" at all times

3.Employment:

• Not to be a burden on society
• Honest employment
• Husband major wage earner

4.Torah study:

• Young people and those who are financially able should learn Torah without limit.
• Only one who has the proven potential of being a great Torah scholar should be supported by the community until his potential is realized.
• Three to four hours of concentrated daily study over ten years makes you erudite in shas and shulchan aruch.

5.Observance:

• Non-compromise in observance: kashrut, shabbat, taharat hamishpacha, tzni’uy, etc.
• Absolute decorum in bet knesset
• No compromising on Jewish education

6.Charity:

• According to one’s honest ability
• Belonging to a Jewish welfare organization to do gemilat chesed

7.Occasions:

• Bar mitzva limited to a large kiddush after prayers
• Modest weddings even if you can afford more, limited to 250 people
• Both sides share all costs

8.Eretz Yisrael:
To live in Eretz Yisrael

I suggest all the above not as an uninvolved objective bystander, but as one whose own faults have determined what needs correction.

As HaShem’s chosen people, living in His chosen land in accordance to His chosen laws, we cannot permit ourselves to settle into mediocrity, neither in the world of Torah study nor in our relations with our fellow man. We must set our religious and moral sights very high in order to merit the great gift that HaShem has given us to live in the Holy Land, where princes and prophets once tread.

The guidelines for our behavior must not be the norms or mores of this corrupt world. We have to emulate the greatest of human beings, and it is in our ability to succeed.

Let’s project for a moment how our society would be if we were able to adopt these suggestions. Eretz Yisrael would be a virtual "paradise" where all Jews would want to be. AMEN!

Shabbat Shalom,

Nachman Kahana
Copyright © 5770/2010 Nachman Kahana