A Thought on Yom Haatzmaut

Last year, just a few days before Yom Ha’aztmaut, the Modern Orthodox world lost a Torah giant, with the passing of Rav Aaron Lichtenstein, zt”l. Rav Lichtenstein was an ardent religious zionist and inspired thousands of people with his Torah and his love for Israel. I thought it appropriate to share some of his Torah on Israel in celebration of Medinat Yisrael’s 68th birthday. The following is based on a shiur delivered by one of Rav Aaron’s students, Rav Moshe Taragin.

The Torah teaches us that Yaakov Avinu describes the land of Israel in two ways:

1. Eretz migurei aviv - the land that my forefathers inhabited

2. Eretz Canaan - the land of the Canaanites.

Rav Aaron asked: Why would the Torah need two different descriptions? What is each adding to the other? Why exactly would someone want to live in the homeland of his parents?

Rav Aaron suggested two possibilities:

1. Yaakov wanted to return and live with family to make-up for time away from his father. Yaakov spent many years living in the house of Lavan and felt to maintain his lineage properly, he would have to go back and live in the land of his father.
2. Yaakov understood that the land of Israel has an inherent kedusha; a special sanctity that one cannot find anywhere else in the world. He sought to grow closer to his Creator and felt that the land of Israel was the only place to do that.

Rav Aaron pointed out that Yaakov was fortunate he could accomplish both of these ideals - the maintenance of his lineage and the path to ideal spirituality -  by living in Israel. He understood his children and subsequent generations would not be as fortunate to have this convergence. This is why he chose to describe the land of Israel in two ways. He wanted to teach us that even if our parents do not live in Israel and that aspect of maintaining lineage is not applicable to us, the kedusha of Israel is reason enough for us to seek and strive to live there. For those who are not able to make the leap and live in Israel, at the very least we should all have an internal magnetic draw to Israel. Recognizing the spiritual exaltedness of Israel is crucial. Who could visit Israel and not be moved or be drawn closer to Hashem? Rav Aaron would say that when we visit Israel it cannot be the same feeling as when we visit, let’s say, California, for example. This is the land that Moshe Rabbeinu and Aaron Hakohen wanted so desperately to reach, and yet they did not merit that. Yet for those of us who have traveled to Israel numerous times, how can we not appreciate the zechut that it is to be there?

Rav Aaron discussed three main aspects that created his love for Israel and his desire to be there:

1. Religious uniqueness of living in Israel
2. Standing in the presence of hashem
3. Continuity of living in Israel

Let’s take a little deeper look at each of the three:

1. Religious uniqueness of living in Israel

1. Performance of mitzvot. Oone cannot fulfill all 613 mitzvot by living in the diaspora. There are many mitzvot, mostly in the agricultural realm such as Terumot and Maasrot, that only apply in the land of Israel.
2. There is mitzvah of Yishuv Eretz Yisrael. There is actually a commandment to live in Israel. Obviously, the only way to fulfill this is to move and live in the Holy Land.
3. Rav Aaron also was fond of quoting the Ramban who says all mitzvot are really only applicable in Israel. He says that what we do in the dispora is really just practice for when we are able to return to Israel. Rav Aaron quotes his Rebbi Rav Yizchak Hutner zt”l who had the practice whereupon landing in Israel, he would don his tefillin for a 2nd time that day, as if to show that his putting on of tefilin earlier that day in the diaspora did not count in the same way.

2. Standing in the Presence of Hashem
1. It is common knowledge that the resting place of Hashem’s presence, his shechina, is in Israel. The Beit Hamikdash is the center of our universe and it is the ideal place to experience the shechina.
2. Rav Aaron quotes the Rambam in Hilchot Taanit, who discusses what to do when a land experiences drought. The Rambam quotes the Talmud which says our response is to fast in the merit that Hashem should bring rain. But for some reason, the Rambam repeats himself and says that when the land of Israel experiences a drought, you should fast as well. Why the need for repetition? Rav Aaron explained that when there is no rain in Canada or in some other country, it is very difficult. It can cause agricultural and economic issues. However, when there is a drought in Israel, that is an act of Hashem turning his back on us. That is a much bigger problem.
3. Israel is the epicentre of Jewish life. Other Jewish communities are important, but the vital centre is only in Israel. If want to be part of the action, here in Israel is where it is.

3. Continuity of Jewish living is in Israel

Despite the fact that we have a fixed Jewish calendar, it is only the Jews living in Israel that have authority to designate the new moon, which determines when our weeks, months and Jewish holidays take place. We need Jews living in Israel so that Jewish life around the world can exist. The Rambam says we can be sure there will always be some Jews living in Israel to ensure our Jewish existences persist forever.

Rav Aaron concludes by reiterating that even those of us who for personal or professional reasons have to live in the diaspora, at the very least we should feel an emotional and halachic pull towards Israel. Perhaps we should even feel a tinge of guilt for not being there.

A Thought About Sefirat Haomer: Maintaining the Continuity

With Pesach in our rearview mirror we begin the race to Shavuot.  We may not be sure if it is savta's cheesecake or our internal desire for matan Torah; nevertheless, we eagerly count down the days to Shavuot.  It is this countdown, or the mitzvah of Sefirat Haomer that occupies our thoughts as Shavuot approaches.

As we all know, there is a mitzvah to count the omer every night.  However, on occasion it is possible that someone might forget to count one night and is then left with the dilemma of what to do from that night onward. Tosfot in Mesechet Menachot (66a) quotes the opinion of the Ba’al Halachot Gedolot who says that if you miss an entire days count (both that night and the entire next day) you can no longer continue to count.  He reasons that the Torah describes these seven weeks of Sefirah to be Temimot, or complete.  Thus requiring you to have a complete count, so missing even one day will prevent you from fulfilling the mitzvah.  Tosfot, however, disagrees and allow you to continue counting future days (even with a brocha) despite missing an entire day. 

The classical approach to understanding this machloket is whether to look at the seven week period of the omer as one big seven week mitzvah with forty-nine little parts, or to view it as forty-nine separate and independent mitzvot.  Apparently, the Ba’al Halachot Gedolot sees it as one big mitzvah, and therefore, once you miss one day you have lost out on the mitzvah entirely (even counting without a brocho would be meaningless according to this position).  The Pri Migadim adds that according the Bahag, all the brochot from the days you counted before the missed day retroactively become brochot l’vatalot.  Tosfot, on the other hand looks at Sefirah as forty-nine separate mitzvot and therefore, just because you missed out on one day, does not affect you on the next day. Therefore, one should continue to count with a brocha.

Halacha L’maaseh, the majority of the Rishonim rule like Tosfot that one should continue to count the remaining days of the omer.  However, the Shulchan Aruch (489/7) rules that although we should continue to count, in deference to Bahag, we should not make a brocha.  This is the accepted custom.

There is however, a difficulty that this classical interpretation encounters.  Are we to believe that the Bahag really believes that if you miss one full day you have missed your chance? Have you really lost the entire mitzvah of Sefirat Haomer? And are we to believe that if one misses day 49 that he now has rendered the first 48 brochot in vain?

Although I never had the great zechut of hearing the shiurim of Harav Yosef Dov Halevi Sloveitchik, I have had the opportunity to hear a number of my Rebbeim recount The Rav’s novel approach to understanding the opinion of the Ba’al Halachot Gedolot.  The Rav maintained that even the Bahag agrees that each of the forty-nine days is a separate mitzvah, the best proof that everyone must agree to this is that Chazal declared that a brocha should be recited on each of the forty-nine nights.  If the classical interpretation was correct, the Bahag should have held that only one brocha be recited for all forty-nine days.  If this is true, then why does the Bahag not allow you to continue counting if you missed a complete day?  The Rav explained that the Bahag was of the opinion that despite the fact that each day is a separate mitzvah, the counting must be sequential.   If one were to count day 1,2,3,4,6, the sequence is impaired so by missing day 5 one can no longer continue to count in the future.  However, that which you counted correctly maintains intact, those days (in our example days 1-4) were done in perfect sequence, the Bahag was only concerned about the future counting. 

The Rav brings a proof to his explanation by looking at another comment of the Bahag.  The Bahag rules that if one forgot to count at night, but realizes it the next day, he may count, but without a brocha.  One should ask, what halachic opinion would say that you can fulfill the mitzvah during the day, just don’t make a brocha?  The Rav explained that this makes perfect sense with what we said before.  You count during the day merely to maintain the continuity, the sequence, but you are not fulfilling that days mitzvah.  So although we missed out on that days mitzvah by not counting at night, we at least maintain the sequence that allows us to continue counting in the future.

This novel explanation has a number of practical ramifications.  There is a well known halacha that an Onen (a person who has lost a close relative who is lying in the period between the death and the burial) is not permitted to do mitzvot.  The Nodah B’yehuda (siman 27) therefore asks, what is an Onen to do during sefirah?  Many poskim maintain that if one becomes an Onen during sefirah he is not permitted to count the omer because doing so is a mitzvah.  Moreover, if someone is in the unfortunate position lo aleinu, with a close relative on their death bed just before Pesach, perhaps the relative should not even begin to count Sefira from the first night? This is because according to the Pri Migadim cited above if on day ten this person becomes an Onen and may not have the ability to count, this would make the first ten brochot l’vatala.  Similarly, if someone is scheduled for surgery during the Omer and due to the time of the procedure and the recovery period, it may be possible that he may miss an entire days counting, once again, perhaps he should not even begin counting on day one?  In fact, most Poskim would rule like the Pri Migadim.

However, if we understand the Bahag like Rav Soloveitchik did, then our conclusion would be completely different.  First of all, an Onen does not have to ever miss out on counting Sefira. Tell him not to count at night since doing so would be performing a mitzvah which he is not allowed to do, rather let him count during the daytime without a brocha.  In this way he can maintain his sequence which will allow him to continue counting noramlly when his Onen period ends.  And furthermore, with a relative on their deathbed or with one scheduled to have surgery there is no reason not to count from the beginning.  Even if they do miss a complete day, according to The Rav’s explanation of the Bahag what was counted originally is still intact contrary to the ruling of the Pri Migadim. 

It goes without saying that in the above cases, one should consult with his local orthodox Rabbi to determine the correct path of action.  Some may rule like Rav Soloveitchik, but I suppose many would be hesitant to dismiss the words of the great Pri Migadim.  There is however, one practical point that I believe we can all glean from the explanation of Rav Soloveitchik.  That is that even the Bahag agrees that it is a mitzvah each and every day to count the omer.  And even if we miss a complete days counting, we must not give up and assume that we have lost our chance.  We must strengthen ourselves and begin the count again showing that we can not wait to receive the Shechinah of Hashem on Shavuot.