NOTE: BETWEEN DECEMBER 2013 AND JANUARY 2019 NEW POSTS OF SERIOUS DIVREI TORAH WERE POSTED ONLY AT Beis Vaad L'Chachamim, beisvaad.blogspot.com AS OF JANUARY 2019 I PLAN TO POST IN BOTH PLACES


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Showing posts with label Behar. Show all posts
Showing posts with label Behar. Show all posts

Sunday, May 20, 2012

Behar, Vayikra 25:36. Ve'chei Achicha Imach. וחי אחיך עמך

The Gemara in Bava Metzia 62a brings an argument between Bar Petura and Reb Akiva.  The discussion begins on 62a, and focuses on the words in passuk 25:36 וחי אחיך עמך.   


א"ר אלעזר רבית קצוצה יוצאה בדיינין אבק רבית אינה יוצאה בדיינין רבי יוחנן אמר אפילו רבית קצוצה נמי אינה יוצאה בדיינין א"ר יצחק מ"ט דרבי יוחנן דאמר קרא (יחזקאל יח) בנשך נתן ותרבית לקח וחי לא יחיה את כל התועבות האלה עשה למיתה ניתן ולא להשבון רב אדא בר אהבה אמר אמר קרא (ויקרא כה) אל תקח מאתו נשך ותרבית ויראת מאלהיך למורא ניתן ולא להשבון רבא אמר מגופיה דקרא שמיע ליה (יחזקאל יח) מות יומת דמיו בו יהיה הוקשו מלוי רבית לשופכי דמים מה שופכי דמים לא ניתנו להשבון אף מלוי רבית לא ניתנו להשבון אר"נ בר יצחק מ"ט דר"א דאמר קרא
דף סב,א גמרא  (ויקרא כה) וחי אחיך עמך אהדר ליה כי היכי דניחי ורבי יוחנן האי וחי אחיך עמך מאי עביד ליה מבעי ליה לכדתניא שנים שהיו מהלכין בדרך וביד אחד מהן קיתון של מים אם שותין שניהם מתים ואם שותה אחד מהן מגיע לישוב דרש בן פטורא מוטב שישתו שניהם וימותו ואל יראה אחד מהם במיתתו של חבירו עד שבא ר' עקיבא ולימד וחי אחיך עמך חייך קודמים לחיי חבירך 

Two people are traveling in the desert.  One has a bottle of water.  If they share it, they will both die.  If one drinks it, he will live and the other will die.  Bar Petura says that better that both drink and both die rather than one drink and see the other die.  Reb Akiva learned from our passuk that your life has precedence: the owner of the water should drink and survive.  Our duty to preserve our own lives is greater than our duty to save the life of another, and one should not sacrifice his life to extend someone else's life.  Everyone reading this knows very well that this Gemara is the foundation stone of thousands of halachos and haskafos and that it has been interpreted in many many ways.  I bring it only because of an interesting question asked on this Gemara by several mefarshim, which I haven't seen collected in one place.

The Maharit (Yoseph Trani, 1538–1639, or Yoseph di Trani who lived in Greece), and the Maharam Shif (Meir ben Yavov Hakohen Schiff, 1608-1644, of Frankfort on Main), the Minchas Chinuch (Yoseph ben Moshe Babad, the Av Beis Din of Ternopil, Poland, 1801-1874) (who actually just brings the kashe from the Maharit and uses it to say pshat in a Rambam, as noted below), and Reb Yisrael Salanter (Lithuania, 1810-1883), all point out that this Gemara seems to contradict the Gemara in Kiddushin 20a,  The Gemara in Kiddushin discusses the Eved Ivri, and says that the legal requirements of how a one must treat his Jewish slave are so burdensome that buying a Jewish slave is like buying a master.

ת"ר כי טוב לו עמך עמך במאכל עמך במשתה שלא תהא אתה אוכל פת נקיה והוא אוכל פת קיבר אתה שותה יין ישן והוא שותה יין חדש אתה ישן על גבי מוכין והוא ישן על גבי תבן מכאן אמרו כל הקונה עבד עברי כקונה אדון לעצמו 

Tosfos there brings a Yerushalmi that if you only have one pillow, the slave gets it and you can sleep without a pillow:
כל הקונה עבד עברי כקונה אדון לעצמו. וקשה מאי אדון די לו להיות כאדונו ויש לומר כדאיתא בירושלמי דפעמים אין לו אלא כר אחת אם שוכב עליו בעצמו אינו מקיים כי טוב לו עמך ואם אינו שוכב עליו וגם אינו מוסרו לעבדו זו מדת סדום נמצא שע"כ צריך למסור לעבדו והיינו אדון לעצמו

All the aforementioned mefarshim point out that the two Gemaros are contradictory.  Reb Akiva said that the words וחי אחיך עמך indicate that while you have obligations to the other, you come first, and the Gemara in Kiddushin, or at least the Yerushalmi as read into the Bavli by Tosfos, says that כי טוב  אחיך עמך  indicates that because of your obligations to the other, he comes first, even at your expense, even when as a result he will have and you will not have.  אחיך עמך- you have priority.   לו עמך- he has priority.  Why?  In fact, the Minchas Chinuch suggests that because of the contradiction the Rambam decided that the Bavli and Yerushalmi are indeed arguing.  The Minchas Chinuch is in Mitzva 42, here, first column, fourteen lines from the bottom.

The Maharit is in his pirush to Kiddushin on daf 20, here.  The Maharam Schiff is in Bava Metzia on 62 and in his Drushim at the end of Chulin.  Reb Yisrael Salanter is in his Even Yisrael, Drush 4, on the bottom. DH אך קשה דכאן אמרינן מדכתיב וחי אחיך עמך.  

I think the question is very stimulating, and it's more profitable for each of us to think about it and come up with our own approach rather than to be told what the above mefarshim have said about it.  Or you can just look them up.

We had a very nice discussion about this question at the kiddush in our home this Shabbos, and afterwards, at a Bar Mitzva, my wife told it over to some other women, and Mrs. Caron Rice, the plant manager at WITS, said a very clever thing- that if you have to go on a trip through the desert, make sure you don't take your Eved Ivri along with you.

Friday, May 13, 2011

Behar, Vayikra 25:3. Shmittah, Shabbos, and Working for a Living.


The Torah says that we will plant and harvest for six years, and then in the seventh year, we will let the land rest.  שֵׁשׁ שָׁנִים תִּזְרַע שָׂדֶךָ וְשֵׁשׁ שָׁנִים תִּזְמֹר כַּרְמֶךָ וְאָסַפְתָּ, אֶת תְּבוּאָתָהּ.  וּבַשָּׁנָה הַשְּׁבִיעִת שַׁבַּת שַׁבָּתוֹן יִהְיֶה לָאָרֶץ.  The Lubavitcher in his first Likutei Sichos asks, why say that you will work for the six years?  Just say that the seventh year is assur!  Same thing by Shabbos Breishis, Saturday— work six days, and on Shabbos don’t work.  All that is necessary is to teach us the special laws pertaining to the seventh year and to the seventh day!  

 He answers that there are two avodos man has;  one is to be mevareir the gashmius, that is, to suffuse gashmius with ruchnius through kiyum hamitzvos in this world, and that is the avodah of the weekdays and of the six years.  The other is to draw one's self close to Hashem in a way of lema’ala miderech hateva.  The weekday work is called Avodas Elokim, because ‘Elokim ‘ is gematria ‘hateva.’  The avodah of Shabbos is Avodah of (Yud Kei Vov Kei) Hashem, which is lema’ala miderech hateva.  He says that each avodah depends on the other.  Only a person that is mekadeish gashmius a whole week can come to Shabbos and rise above the teva, and only a person who is elevated by the kedushas Shabbos can be mekadeish the gashmius.

R’ Moshe in his original Dorash (the first Hebrew one and not the one I translated that was later printed in Hebrew) says that the lesson is that in the six years you cannot be someich ahl haneis, you can't rely on miracles, but instead you must plan and work.  In the seventh year, you are obligated to rely on miracles, you must be someich ahl haneis, as the Torah tells us “v’nasati es birkasi.”  This is a mussar haskeil that a person should not say that if he davens properly and is kovei’a ittim it will eat into his parnassah; the Torah teaches us that we should be kovei’a itim and the Torah says we should daven.  In the time you should be working, you must work, but in the time you should be learning and davenning, you must be someich on the Ribbono shel Olam that the ultimate yield will be at least as great as it would be if you skipped the mitzvos.

Note that ‘ultimate yield’ can mean many things; it can mean equal income, or fewer sudden losses or illnesses, or being satisfied with less, and so on.  As I've discussed elsewhere,  the the Gemara in Eiruvin 18  brings the pasuk in Parshas Noach, Breishis 8:11,  that says “omro yona...”  Let my food be bitter as olives from the hand of Hashem, rather than sweet as honey from the hands of man.  I explained that although hashgachas Hashem predetermines whether a person will have enough to eat, it does not necessarily guarantee that the quality, or the quantity, or the pleasantness of the food will be the same as it otherwise would be.  The Yonah said “I realize that by choosing to subsist directly from the yad Hashem I might have to settle for food that is as bitter as olives, while if I shnorr from Noach I would get food that is as sweet as honey, but I prefer the yad Hashem.”  This is also clear in the Gemora in Sahnedrin 20a that says that in the generation of R’ Yehuda B’reb Ila’i that was characterized by universal limud hatorah, “hoyu sisha miskasim betallis echad.”  The point is that what we think of as the bottom line is not the bottom line.  There are many lines under it!  The raw number that indicates ‘income’ is not absolute or interchangeable with other similar numbers!  A person might have a high income but high tzaros, or be audited, or have tremendous personal expenses for unexpected needs or even meshugasen.  Here, Hashem promises that the bottom line will not suffer because of the person’s keeping the mitzvos.

This lesson reinforces something we've discussed in the past.  The Chasam Sofer says that  the reason the Bris Milah is on the eighth day is to ensure that the child experience the beginning of a Shabbos and the end of a Shabbos.  We explained that every Jewish child needs to learn that there is a Shabbos and there is a Motzei Shabbos.  Just as the kedusha of Shabbos is essential, so, too, the work week, the mundane activities we undertake, must be imbued with the kedusha of Shabbos.

Monday, May 11, 2009

Hebrew Names, Jewish Names, & Secular Names. A Guest Post, Annotated

This was originally posted here in May 2009.  In June 2013 we posted on three closely related topics:  When one should name a daughter; The profound significance of the naming of a child; and Why some Gedolim insist that we only give our children traditional names.

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This is an article that appeared in the "Journal of Halacha and Contemporary Society" (Fall 1997.) I referred to it in a post that discussed Jewish names that are abbreviations, and the author kindly sent me a copy. The article is thorough and engaging; Some format static was introduced by my inexpert conversion of the document from pdf to html. I have neither the skill nor the inclination to fiddle around with it, and the errors are inconsequential.

I have added my own remarks in and after the footnotes, and my interpolations, annotations, and addenda are clearly marked as such by being in bold italics.


Secular Names
Steven Oppenheimer, D.D.S.
And G-d formed from the earth every beast of the field and every bird of the sky and brought them to Adam to see what he would call each one; and whatever Adam called each living creature, that remained its name (Hu Sh'mo).1
Rav Shamshon Raphael Hirsch2 says the word Shem (name) comes from the word Sham (place). A person's name (Shem) indicates his place in the world. When someone is given a name, that name has a profound effect on that person's essence. The Besht, the Ba'al Shem Tov, commenting on this verse in Genesis,3 wrote HaShem Hu Ha'Neshama Shel Ha'Adam, one's name is one's very soul. In fact, the middle letters of the word neSHaMa (soul), spell the word Shem (name).
The Midrash states:
The Jews were redeemed from Egypt through the merit of four things: they didn't change their names, they didn't change their language, they didn't engage in gossip (Lashon HaRa), and they didn't engage in licentious behavior; they didn't change their names, they went down [to Egypt] as Reuven and Shimon and they left [Egypt] as Reuven and Shimon; and they didn't call Reuven, Rufus, and they didn't call Shimon, Luliani, nor Yosef, Listim nor Binyamin, Alexander.4
If a person's name is so important, and if the Midrash states that the Jews were redeemed from Egypt because they didn't change their names, how is it that today, secular names are so widespread among Jews? If one can learn from Galut Mitzrayim, the exile in Egypt, and extrapolate from Geulat Mitzrayim, the redemption from Egypt, then it would seem that we should not have secular names, but good Hebrew names! How is it that so many Jews in America today have Hebrew and English names? Could it be that we are holding up the Geulah by having secular names?
Maharam Shick5 quotes the Midrash, (that they didn't change their names) and writes that it is a Torah prohibition to have a non-Jewish name. We see this from the verse Hivdalti etchem min Ha'Amim, (and I have separated you from the nations)?6 Maharam Shick quotes Rambam7, that we see from this verse that one is not permitted to dress like the Gentiles. So, too, says Maharam Shick, we are not allowed to call ourselves by a non-Jewish name. "And don't say", says Maharam Shick, "that I also have a Hebrew name to be called up to the Torah, that is foolish and stupid, and it is still prohibited to have a non-Jewish name."
The Talmud8 quotes the verse in Mishle9, "and the name of the wicked shall rot," and brings a grim story referred to in a passage from Lamentations.10 A child was given the name Do'eg (in spite of Do'eg's bad reputation).11 His mother would measure his weight every day and would give the increase in his weight in gold to the Beit HaMikdash. In spite of this, the child died a horrible death. The Talmud states that none should name their children after wicked people and because of the unfortunate choice of name and the deviation from custom, "see what happened to him." The Migdal Oz, Rabbi Ya'akov Emden, writes12 that just as we are not allowed to name someone after a wicked person as it says in Mishle, "and the name of the wicked shall rot," so too, it is also not permitted to have a non-Jewish name.
Rabbi Yosef Rosen, zt"l, writes13 that one is permitted to have a secular name that is a translation of one's Hebrew name.
It interesting that the Chatam Sofer, writes14 that someone who has two names, shem kodesh and shem chol, a Hebrew name and a secular name, should not be called to the Torah by both names. He was not referring to the Hebrew name and the English name but to the Hebrew name and the Yiddish name. The Yiddish name is the shem chol, the secular name. If your name is Tzvi Hersh you should only be called up by the name Tzvi.
How is it that so many of us have Hebrew and secular names? Not only that, but throughout the ages we see Jews have taken secular names. We find many non-Hebrew names among the zugot mentioned in Pirkei Avot. Antigonos and Avtalyon are some examples. Rabbi Moshe Feinstein, zt"l, points out that many Amoraim had non-Hebrew names, such as Mar Kashisha, Rav Z'vid, Mar Zutra, and Rav Papa. Most of the names of the Geonim were Aramaic and not Hebrew. The author of the Maggid Mishnah was Rabbeinu Vidal. The name Maimon, the father of Rambam, appears to be a secular name.15 Rav Yitzchak Zev Soloveitchik of Brisk was also called Rav Velvele; his grandfather, Rav Yosef Dov Soloveitchik, the Bait HaLevi, was called Rav Yoshe Ber, and Rav Yitzchok Dov Bamberger of Wurtzburg was called Rav Seligman Ber.16 The great thirteenth-century leader of French Jewry was known by the Hebrew name, Rav Yechiel of Paris and by the French, Vivant of Meaux.17
Doesn't all this seem to be against the Midrash that we spoke of earlier? Rav Moshe Feinstein states18 that many non-Hebrew names that have gained acceptance in the Jewish community today as Jewish names started out as secular names taken from the countries in which Jews lived. At the time, says Rav Moshe, the rabbis complained about Jews taking these names, but they eventually gained acceptance. Today's secular names are not any worse than the old secular names. The new names just haven't been around as long. Eventually, they, too, will probably be accepted. And, therefore, when one writes a get, a bill of divorce, all secular names are equal, one isn't any holier than another.
Let us address, then, the last two remaining questions: (1) What about the Midrash, (they did not change their names) and, therefore, the Jews merited redemption? And if this is so, (2) Why do so many of us have a secular name? Rabbi Yehuda Loew, zt"l, the Maharal MiPrague, explains our Midrash as a special requirement only for the Jews of Egypt.19 They had not yet become a nation and needed the strict adherence to retaining their names and their language to serve as a distinction between them and the Egyptians. Rabbi Loew explains that one's name serves as one's personal connection to one's nation. A people's language serves as its connection to its nationhood. Rav Moshe also makes this point, that the requirement not to have a secular name was only for that period in time and is not a law today. While it may not be desirable to give your child a secular name, there is no issur (prohibition) involved.
As for the second question, "Why do so many of us have secular names?", I would like to share a fascinating historical insight. There are, apparently, three categories of names that Jews have had. 1) Shem kodesh – names taken from Tanach (Bible) or Gemara (Talmud). These were given at the Brit and were used for Aliyahs to the Torah, Jewish legal documents, and in prayers for the sick. 2) Shem chol – these were usually Yiddish-German nicknames that were given on the Shabbat that the mother came to Shul during the Cholkreisch (hollekreisch) ceremony. In Eastern Europe, in recent generations, this ceremony has been lost. 3) Shem lo yehudi – during the period of emancipation, these names were adopted by the Jews of Central and Western Europe for the purpose of governmental registration. These names were unrelated to the Cholkreisch ceremony.
The purpose of the Cholkreisch ceremony was to establish the child's nickname, the shem chol, to be used in his everyday life. The Cholkreisch ceremony is about 1,000 years old. Rav Simcha of Vitry20 and Rabbi Yehuda HaChasid both write about this ceremony. The first one to mention it by name and explain the name, however, was the fifteenth-century Rabbi Moshe HaLevi MiMagentza, the Maharam Mintz. He explained that Hol or Chol referred to the secular name and Kreisch referred to the calling out (Tze'a'ka) of that name. ["In German, in the southern region, they call Tze'a'ka, kreisch."]
Rabbi Avraham Moshe Tendlau (1801-1877) wrote that the word "kreisch" used in the sense of "Tze'aka" comes from the old German "kreien", or "kreischen". This is similar to the English word in use today, 'cry']. On the first Shabbat that the mother came to Shul, the children of the community would be invited to the home of the new baby. They would lift up the cradle and call out the nickname, the shem chol, of the new baby. The adults would throw fruit to the children. The sixteenth-century rabbi, Rabbi Yosef Hahn Neuerlingen, author of Yosef Ohmetz, warned about the custom of throwing fruit to the children. The fruit got squashed and this was Bizui Ochlin, a desecration of food. The custom arose to throw candy to the children. This is probably the origin of today's custom to throw candy to the children at joyous occasions in shul. There are those who say that the lifting of the cradle during the naming is the origin of the name Hollekreisch. In French, lifting the cradle is called, "haut la creche" which is similar to the term "hollekreisch".21
Rabbeinu Tam22 indicates that Jews would give themselves Hebrew names but the Gentiles would call them other names. When his Aunt Rachel got divorced, she had a secular name given to her by the Gentiles, Belle-Assez which means very pretty. This is the origin of the Yiddish name Bayla. The Rosh also speaks of Gentiles giving Jews names during his time. Zanvil was a nickname for Shmuel, Rechlin for Rachel, Mirush for Miryam, Bunam for Simcha, Seligman for Pinchas, Wolf for Shimon, and Zalman for Shlomo.23
Historically, there was a distinction between the Shem Kodesh, the Hebrew name, and the Shem Chol, the secular name. The Shem Kodesh served for d'varim she'b'kedusha, holy matters, such as being called to the Torah, prayers, and the writing of Jewish legal documents. The Shem Chol served for secular matters, as a nickname used by the person's family and friends. The Shem Kodesh was given in Shul at the time of the Brit; the Shem Chol was given at the baby's home while he lay in his cradle. We see this from Maharam Mintz who wrote over 500 years ago about a man called Meshulam Zalman. "He is called Meshulam to the Sefer Torah and this is the Shem Kodesh that his father gave him at the Brit, and the secular nickname for Meshulam is Zalman, the name given to him by his father and mother in his cradle on the Shabbat that she went with him to Shul, and this (ceremony) is called 'Hol Kreisch'."24
The student of the Trumat Ha'Deshen (1389-1459) wrote a sefer called Leket Yosher. In the introduction, he introduces himself as follows: "My name is Yuzlan and I am called to the Sefer Torah as Yosef B'Reb Moshe." Concerning his Rebbi he wrote: The Gaon is called to the Sefer Torah as Yisrael B'Reb Petachya, z"l, but the world calls him Rabbi Isserlin ."25 Rabbi Moshe ben Yisrael, zt"l, is known as the Ramo. Ramo is an acronym for Rav Moshe Isserlis. Isserlis means "son of Yisrael."
In Germany, a clear separation was kept between the Shem Kodesh and the Shem Chol. In Eastern Europe, however, over the course of time, this distinction was blurred, most probably as a result of the abandonment of the Cholkreisch ritual. There were some rabbis, such as the student of the Shevet Sofer , (Rabbi Yitzchak Meir Tzoval MiFakash) who attempted to stop the mixing of the two names. He allowed use only of the Shem Kodesh when calling someone to the Torah. In time it became common for people in Eastern Europe to use both the secular name and the Hebrew name for all matters. This created halachic problems in writing Gittin (divorce papers). In the past only the Shem Kodesh had been used. Now, it was uncertain exactly what should be written.26
During the period of Emancipation, there were Jews who wanted to be accepted by the Gentile population and took non-Jewish first names. In Prussia, the government prohibited Jews to change their Jewish names to Christian names. In 1787, an Austrian edict limited the Jews to biblical first names. Nevertheless, the assimilationists managed to take Christian names. In 1836, Leopold Zunz published a book entitled Namen der Juden in which he attempted to prove that throughout the ages Jews had names given to them by the Gentiles. In this way, he hoped to persuade the government to allow Jews to choose any name they wanted.
In the Austrian-Hungarian Empire, the government allowed the Jews to adopt Christian names. The overwhelming response on the part of the Jews to take such names surprised even the Gentiles. When Maharam Shick27 turned over the official list of names of his congregants to the local government official, the official berated him over the fact that so many Jews had non-Jewish names. The official was astounded that they were not proud enough of their Jewish heritage. It was then that Maharam Schick wrote his responsum decrying taking non-Jewish names.28 He explained that following the law making it obligatory for Jews to have surnames, his father took the last name, SHiK, which was the abbreviation for Shem Yisrael Kadosh – a Jew's name is holy. This was done to remind his progeny of the importance of retaining a Jewish name. It is interesting to note that when a controversy arose over a rabbi who preached in the vernacular rather than in a "Jewish language", Maharam Schick came to his defense and justified the rabbi's practice.29
Non-Jewish names were to be found among Jews even during the time of the Tanaim. There is a Braita30 that teaches:
Divorce papers brought from abroad (to Israel) signed by witneses, even if the names are like the names of idolators, [the divorce papers] are valid. [This is] because most of the Jews [who live] outside of Israel have names that resemble the names of idolators.
Rabbi Moshe Feinstein writes31 that it is impossible to determine when non-Jewish names came to be considered as Jewish names since all these names were originally taken from the Gentiles. In the beginning, the rabbis complained about these names, but they took hold. So, too, the rabbis could complain about the English names that Jews have taken in this country and similar names in other countries, but how much should they complain and how successful would they be? Rav Moshe is telling us that these non-Jewish names have been around for a long time in one form or another.
A number of countries in Central and Western Europe required Jews to register their children's birth in the official registry. Only German names were recognized, and so almost every Jew had a German first name, just as it is common today for Jews in Anglo-Saxon countries to have English names.32
Rabbi Shlomo Carlebach (1844-1918) wrote that since many Jews had left the ghetto and lived among the Gentiles, they were uncomfortable about calling themselves overtly Jewish names, fearing ridicule by the Gentiles, and so chose German names. Rabbi Carlebach recommended that they adopt a translation of their Hebrew names, i.e. Abraham for Avraham and Moses for Moshe. Social pressure, however, eventually led more and more Jews to take German names.33
A name determines one's destiny34
Had the generations so merited, G-d would have given each and every person a name, and from that name we would have known that person's nature and deeds.35
One should ever examine names, to give his son a name worthy of him to becoxme a righteous person, for sometimes the name may be a contributory factor for for evil or for good.36
The Talmud37 brings the story of Rabbi Meir who stopped at an inn with his two travelling companions. Rabbi Meir didn't want to leave his money with the innkeeper named Kidor, because Rabbi Meir doubted his honesty. He based his suspicions upon the verse, "they are a generation ( Ki Dor ) given to perverseness."38 In the end, Rabbi Meir turned out to be right and Kidor, the innkeeper, stole his (Rabbi Meir's) companions' money. They complained to Rabbi Meir that he should have warned them. Rabbi Meir answered, " I considered this name a suspicion, not a definite presumption." In other words, a name can only arouse suspicion that a person may have an intrinsic dishonest nature. A name cannot, however, determine this definitively, since a person may overcome this character flaw and control the negative influences of his name.
We see that one should be very careful to select a name for a child that will have a positive effect upon his growth and development. A Hebrew name carefully selected does just that. This is what the Ba'al Shem Tov meant when he wrote that a name can manifest one's very essence. While the practice of using non-Hebrew names has been around for a long time, it is clear that Chazal saw major benefits in having and using a Shem Kodesh – a Hebrew name.
Every time a person engages in the performance of mitzvahs, he acquires a good name (Shem Tov) for himself. A person is called by three names – that which he is called by his father and mother, that which he is called by others, and that which he acquires for himself. The best of all is the name he acquires for himself [by the performance of mitzvahs].39
Let us strive for the ideal approach. Let us choose a Shem Kodesh and pursue a Shem Tov. Let us pursue mitzvot and be proud to be Jews. And may our names and our deeds hasten the final redemption.

1.Genesis 2:19
2. In his commentary to Genesis 2:19
3 P'ninei Ha'Chasidut. (Blog note: this idea is also found in the Ohr Hachaim Devarim 29:19. By the way, the "Likutei He'aros" on the Ohr Hachaim there credits a sefer called "Ohr Habahir" for the oft searched for statement that the father is given divine inspiration, Ru'ach Hakodesh, when he chooses a name for his son. But I'll tell you that in my opinion, and in my personal experience, headstrong and/or stupid always trumps Ruach Hakodesh; when a Brass Band is playing, it's hard to hear the Kol Demama Dakah.)
4 Shir HaShirim Rabah, Chapter 4 (Blog note: Also in Vayikra Rabba in Parshas Emor #32)
5 Responsa Maharam Shick, Y.D., Chap. 169.
6 Based on Leviticus 20:24 (Blog note: The Maharam Shik's opinion on this matter is by no means normative. He tends toward the extremes when dealing with issues that touch upon haskala.)
7 Hilchot Akum 11:1 (Blog note: The Rambam he brings is a weak raya, especially since the Rambam doesn't mention the issue of Jewish names.)8 T.B. Yoma, 38b
9 Mishle, 10:7
10 Lamentations, 2:20
11 Do'eg Ha'Adomi, who lived during the time of Sha'ul HaMelech, was originally a great scholar and head of the Sanhedrin. He engaged in lashon ha'ra (slander) against David HaMelech and helped poison the relationship between Sha'ul and David. Do'eg died at age 34. The Talmud says that he had no share in olam haba (the world to come).
12 Nachal Tet, 14.
13 Tzafnat Pa'ne'ach, No. 275.
14 E.H., No. 21.
15 Iggerot Moshe, Vol. IV, No. 66.
16 Shorshei Minhag Ashkenaz, by R. Binyamin Shlomo Hamburger, B'nei Brak, 5755.
17 Encyclopedia Judaica, Vol. 12, page 810.
18 Iggerot Moshe, E.H., Vol. 3, No. 35. (Blog note: As the author mentions, Reb Moshe says the same svara as the Maharal, although he says it noncommittally-- he says it is a reasonable pshat, but he is not comfortable stating it as a matter of halachic fact. Also, while the author quotes Reb Moshe as saying "While it may not be desirable to give your child a secular name, there is no issur (prohibition) involved", in fact Reb Moshe calls it "megunah," shameful--unless it is given to honor or memorialize a family member who had a non-Jewish name; see below, Additional notes, #3.)19 G'vurot HaShem, Chap. 43.
20 Rashi's noted student and author of Machzor Vitry.
21 Shorshei Minhag Ashkenaz, loc. cit.
22 Tshuvot Rabbeinu Tam, No. 25.
23 Shorshei Minhag Ashkenaz.
24 Ibid.
25Ibid.
26Ibid.
27 Hungary, 1807 - 1879.
28 Responsa Maharam Shick, Y.D., No. 169. (Blog note: Shick is an old gentile German name. For example, Conrad Shick was a German protestant missionary who lived in Jerusalem in the eighteen hundreds. And see http://www.houseofnames.com/xq/asp.fc/qx/schick-family-crest.htm where it is clear that Shick has a long history as a German gentile name. I don't think the Maharam's father thought he was inventing a name. I think the Maharam's father chose the well known name of Shick because he could invest it with a dual meaning. Among gentiles, it is a common German name. Within his own family, he let it be known that it means "Shem Yisrael Kodesh." It would be like naming a child Mickey and saying it stands for Mi K'amcha Yisrael.)  29 Ibid. O.C. No. 70.
30 T.B. Gittin 11b.
31 Iggerot Moshe, E.H. Vol. 3, No. 35.
32 Shorshei Minhag Ashkenaz.
33 Ibid.
34 T. B. Brachot 7b.
35 Midrash Tanchuma.
36 Ibid., Parshat Ha'azinu. (Blog note: R' Eliezer Papo in the Pele Yoeitz, Letter Shin, D'H Shem Tov, says that if one is interested in the benefit the child can derive from the influence of a name, one should give his child a name that commemorates some chesed Hashem did for the father, rather than taking a family name. For example, Rav Gifter's daughter's name is Rebbetzin Shlomis Eisenberg, and Reb Moshe's son's name is Rav Sholom Reuven Feinstein, because they were born either during or immediately after WWII. See also below in Additional Blog Notes #4.)37 T.B. Yoma 83b.
38 Deuteronomy 32:20.
39 Midrash Tanchuma, Parshat VaYak'hel.

Additional Blog notes:

1. See the Comment section, below, for an interesting discussion of the names of Mordechai and Esther, which, are certainly not Hebrew, and which some consider reminiscent of the names of certain pagan deities.

2. An Important Preliminary Analysis:

Three Aspects of the Concept of "Names."

What, exactly, does the word "name" mean? What constitutes a name?
See Even Ha'ezer 129 regarding what names are used in Gittin, and see the Chazon Ish EH 93:15 on these halachos, where he extensively discusses the relative standing of the various names a person has, such as the name given at the bris, when one is ill, by one's friends, and various disparate circumstances. For example, in business, when I'm dealing with a non-Jew, I tell them my name is Gene. I chose Gene because non-Hebrew speakers mangle my name, and Eugene means "born of good parents." It is completely unrelated to the name I usually use, but if you ask my business contacts, they'll tell you it is my name. So, is my name Gene? If you say it isn't, then you have to think about whether Reb Moshe's expression that a non-Jewish name is "megunah," shameful, applies to a person named Yaakov Koppel at his bris who chooses to tell people to call him Kyle or Gene or Steven. On the other hand, one can argue that the name a person is known by is more "his name" than the name that's only used to call him up for an aliyah or to write on his kesuva and gravestone. (As it happens, the Chazon Ish holds that one's name is what people call him, unless they know that he has a 'real' name and the 'real' name is used at formal occassions, such as signing documents or getting an aliyah. Reb Moshe said the same thing-- at a wedding, he was writing the kesuva, and the chasan told him that his kallah's name was Sarah, but she has another name that nobody knows and nobody calls her by because she hates it and is embarrassed by it, and Reb Moshe said "Nishtakei'ah" and didn't write it in the Kesuva.) . After all, Tanach is full of names that were given later in life, and they are called names anyway. I know two young men named Josh whose Aliyah names are not Yehoshua, but completely different. (And, among Chasidim, it so happens that almost every person who is called "Zalmen Leib" in his daily interactions is called to the Torah by "Yekusiel Yehuda.") When they get aliyos, people who are paying attention are surprised, because they always knew them as Josh, and here they're getting aliyos by names like Shmuel or Baruch. According to the Chazon Ish, it is not at all simple whether their 'real' names are Josh or the Aliya names.

It can be argued, however, that the comparison to Gittin is incorrect: what we call a 'name' for Gittin may be totally irrelevant to what is called a name for the purposes of our discussion. The determination of the name in a Get is based exclusively on clarity in identification. The din that Shemo uShemah are de'oraysa by a get doesn't really require names at all. If the people had unique and prominent physical characterisitics, we could write a get with no names at all, but instead just write "the man with three eyes and the woman with the horn in middle of her forehead." On the other hand, the idea discussed in this article, the preference of using Jewish names, involves two entirely different issues: Ethnic pride/Religious affiliation (in other words, that a Jew should use a Jewish name because it shows pride and affiliation with Judaism, while a non-Jewish name shows indifference, as Rashi says in Shemos when Moshe Rabbeinu did not correct the daughters of Yisro when they referred to him as an "Ish Mitzri,", or the Maharam Shik's "chukos ha'amim,") and the spiritual advantage of the inner essence of whatever the Hebrew name signifies, whether it is a trait or a reference to some bygone tzadik, (as we find by Adam, whose naming of the species in Hebrew was a portentous event that reflected and reinforced their essential reality and spirituality.)

Again: Defining 'name' in the context of Gittin, therefore, is a matter of eliminating, as far as possible, potential ambiguity in the mind of the reader, and clarity in publicizing exactly who was divorced. Defining 'name' in the context of the article, being a two-pronged analysis, might not be that simple. If it is a matter of ethnic pride/religious affiliation/chukos ha'amim, then perhaps we should define 'name' as that which one chooses to use in daily life. If it is a question of the connection with and influence of the spiritual elements of the name, the deeper meaning and history of the name, perhaps all that matters is the fact he uses it to be called up for aliyos.

And since when are Surnames names at all? Perhaps "name" in our culture only refers to the individual's given name, not the family name, which, in a sense, is no different than identifying the person by calling him Hirshel Varzhaner to indicate that he's from Varzhan.
So: the following three dinim and purposes in a 'name" are conceptually and analytically discrete; and unless you are careful to focus on which attribute is relevant to your discussion, you will end up ploydering.
a. Identification
b. Ethnic/Religious affiliation
c. Spiritual influence of the name

Once you have decided which of the above aspects of a name you are examining, you have to determine what the person's real name is- because not everything people call you is your name, and what they called you at the bris might not be your name either.

As the Medrash Rabba Koheles 7:3 on Tov sheim mi'shemen tov says, every man has three names: the name his mother and father called him (she'karu lo aviv ve'imo), the name his friends called him (she'karu lo chaveirav), and the name he is given in the heavenly record of his deeds and behavior (she'karui lo be'sefer toldos briyaso).

3. Reb Moshe says that initially, parents who gave their children secular names were strongly decried by the Gedolei Hador, but over time certain names gained acceptance. But, and this is an important 'but', he also says that once a name is in a family, "kevod hamishpacha" is more important than the general preference for a Hebrew name, and therefore one should take the name of the family member even if it is not Jewish.

4. The question of whether to name a child for an event or for a relative is literally antedeluvian: it has been discussed since before Noach. The Medrash in Breishis Rabbah Parshas Noach 37:11 on the naming of Peleg, "Ki beyamav niflegah ha'aretz" says the following:
Reb Yosi: The ancients, who saw ten generations of their living ancestors, named their children "l'sheim ha'me'orah," in the name of an event. We, whose ancestors haven't survived to see us, name our children for them. (Eitz Yosef-- so they should not be forgotten.)
Reb Shimon ben Gamliel: The ancients, who had Ruach Hokodesh, divine inspiration, named their children "l'sheim ha'me'orah," in the name of an event. We, that do not have Ruach Hakodesh, name our children after our ancestors.
So, you see two interesting things in the Medrash; that it is a personal choice whether to name a child after a relative or to commemorate an event, which is slightly different than the Pele Yo'eitz that I brought in the main note section #36. Also, a careful reading shows that Reb Yosi's "ahl sheim ha'me'orah" does not mean the same thing as Reb Shimon ben Gamliel's "ahl sheim ha'me'orah." RSbG means "a future event," which is why he says you need ruach hakodesh to do this; while Reb Yosi does not necessarily mean that, and can mean that they gave the name for an event in the past or the present, or changed the name contemporaneous with some event in the person's lifetime. If he meant the same as RSbG, he would have agreed that naming ahl sheim ha'me'orah would have required ru'ach hakodesh. Since he doesn't say that, he must have not meant the same thing with "ahl sheim ha'me'orah." So: Reb Shimon ben Gamliel is is certainly different than the Pele Yo'eitz, since RSbG is not discussing at all the idea of naming for a past event. Maybe the Pele Yoeitz works with Reb Yosi, maybe not, because the Medrash says that the minhag is to name after relatives, not events.)

5. Reb Moshe, in his Igros YD 3:97 has a fascinating teshuva. The case was that the mother did not tell the father that she gave birth to his child. I assume they were separated for six or seven months, or divorced, or never married. When the boy was born, she arranged the bris without telling her ex about it, and the child was named without the father's input. This sounds weird, but you can see it happening in bitter divorces. where one party leaves town. And, if you know about the battles even happily married couples sometimes have about names, you can be sure that this mother was determined to eliminate her ex's input on this important decision. Obviously, the Millah is valid. But what about the name? Does the father lose the right to name his child?
Reb Moshe says that there are no hard and fast rules about who may name a child. In the case of Moshe Rabbeinu, the name that is used was given him by the daughter of Pharaoh, while his father and mother called him other names, as explained in the Yalkut Shemos Remez 166. Certainly a mother's right to name her child is at least as valid as the father's. The preference of the name given by Yaakov to Binyamin over that given by Rachel, Ben Oni, was pursuant to reasons specific to that particular event. So this child's name will be that which the mother gave him, but his father can call him by a different name. The teshuva clearly indicates that he is called to the Torah by the name given to him by his mother (here, his maternal grandfather as directed by the mother,) at the bris.

6. Naming a child is a very important and auspicious event. There is an amazing Drisha in Yoreh Dei'ah at the end of 360 that states the following: When one has a choice of which of certain events involving mitzvos to attend, there are rules of priority. For example, if there is a choice of attending a levaya, or a wedding, or a bris, the Tur there discusses the order of relative importance. The Drisha states that in those cases where a bris has top priority, attending the naming of a girl has equal status. Although he does not cite his source, this comes from the Eliah Rabba. It is clear that this shittah holds that the importance of attending a bris is not the milah, it is the fact that the child is named at that time. Therefore, he holds, attending the naming of a girl has exactly the same significance and importance.


Steven Oppenheimer is a practicing endodontist in Miami Beach, Florida. This article was dedicated to the memory of his beloved father, Chayim Gershon ben Meir, A"H.
Barzilai is a quasi-functional biped metabolising in Chicago. His notes and comments are the product of a hobby that is, currently, pretty much the only thing keeping him from demonstrating his disagreement with Camus.
Thank you Dr. Oppenheimer for your kind permission to republish the article.


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Lehavdil elef havdalos:
Purely out of bemusement, allow me to direct you to an article called "Holle's Cry: unearthing a birth goddess in a German Jewish naming ceremony.", by Jill Hammer, published in 2005 in a Journal which is dedicated to exploration of feminine spirituality in Judaism named "Nashim". The article's perspective is at odds with Rabbinic Judaism and disdainful towards Orthodox philosophy and traditions, and it helps to have a couple of beers in you before you start to read it. But it does cite many interesting minhagim associated with the Holkreisch ceremony. The fact is that individual feminists occasionally appeared in the Orthodox milieu long before its modern incarnation as a movement, and it is possible that some of the ideas in the article reflect the attitudes and intentions of some ur-feminists. We all have the odd relative or two we prefer to not talk about.   Antiquity is not evidence of legitimacy.  An old fool is still no more than a fool.  You might have to sign up for a free membership to view the entire article.

Monday, May 07, 2007

Behar: The Juxtaposition of Shmitta and Tzedaka.

After the dinim of Shvi’is and Yovel, the Torah talks about Ki Yomuch. Harav Menachem Ben-Tzion Zachs, in his sefer, Menachem Tzion, explains the smichus of these two parshios.

Shvi’is and Yovel demand tremendous bitachon (giborei koach.) But if a poor man comes to the door, we cannot free ourselves from the chiyuv of tzedaka by telling him to have bitachon, that Hashem will provide— we have to help him as much as we can as quickly as we can and not wait for Hashem to provide for him. So the Torah is illustrating this dichotomy of hashkafa by putting the two dinim next to each other: for yourself, have bitachon, and say that Hashem will provide. For the other, don’t rest until you have done everything you can do, and say that if you do not help him he will die.

I saw the Dubner Magid quoted as saying this too. He says there are people who have, but worry about tomorrow, and people who don’t have, but trust that Hashem will provide. Ironically, you will often find that when you ask these two types for tzdakah, the first type will excuse themselves in their hearts by thinking that Hashem will take care of the poor just as they deserve, and the second type will give without any hesitation, because the person is hungry and needs immediate help.

All this is certainly true, but the fact remains that there seems to be a philisophical inconsistency in encouraging faith for one's own affairs, and ignoring the condign justice of God when it comes to the needs of the poor. This requires explanation: if a person is a ba’al bitachon, and truly believes that Hashem will take care, how can he ‘switch off’ his faith?

The answer is that when an opportunity to give tzedakah arises, your intervention is precisely what Hashem is seeking. On the other hand, in the case of seeking personal parnassa, it is not likely that Hashem is waiting for you to do whatever it is that earns you the money. God did not create the world so that you could balance those books or make that sale. Hashem's intention is that you turn to Him in recognition that it is His will that determines whether your efforts succeed or fail.

This explanation is suggested by the discussion in the Gemara Bava Basra 10a, where Turnusrufus asked Reb Akiva “if your God loves the poor, why doesn’t he take care of them?” and “if your God wants them to be poor, aren’t you subverting his will by caring for them?” Reb Akiva answered that we are God's agents, and our job is to take care of those among His beloved children who have nothing of their own. This is similar to the discussion of the appropriateness of intervention and tefilla for a choleh, whose illness is an expression of God's will (Bava Kamma 85a). Similarly, Chazal tell us that when one is ill, he should assume that his condition stems from his sinfulness. But one does not fulfil the mitzva of bikur cholim by telling the choleh that he is sick because he is sinful. And this is true for nichum aveilim as well: don't tell the bereaved that the person who died deserved it. Tziduk Hadin is important for the aveilim, but it is not a proper topic for the people who are coming to console them.

Charles Barsotti has a nice illustration of this concept, here:
http://www.cartoonbank.com/item/119385

The Barsotti cartoon can be purchased, matted, in a deluxe frame, for $350. Or you can print out little copies and give them to meshulachim instead of checks.