62.1 The problem of fences.

In one part of the Berachot tractate of the Talmud, the sages discuss until what time one may say the evening Shema. After many commentaries are presented, they finally conclude that one may say the evening Shema at the latest until midnight and not until before dawn. And what is the argument that leads them to this decision? The purpose of setting this specific limit is to “keep a person away from sin” (Kdei leharchik et haadam min hahabeira) and thus ensure that people will observe it correctly. And the text continues: “There is a teaching that says that the sages will make a fence to safeguard their words” (Hachamim asu sayag ledibreihem, Berachot 4b). This means that the halachic precepts must be so thought out and worded that they do not allow a person to fall into sin in any way. Before dawn, a person might miscalculate the time left and end up saying the Shema for the night when it is already daylight. If the limit is set at midnight, this risk is not run. Midnight gives us a wide margin.

This teaching of “creating a fence around the words of the sages” had very important implications. The enormous accumulation of halachic rules to make it practically impossible for a person to sin by not fulfilling them correctly has been taken to the extreme. A “Chumra” is a prohibition or obligation in the practice of Judaism that exceeds the minimum requirements set forth by Jewish law. “Chumrot” (plural of “Chumra”) can be adopted by an individual or by a community. They are found in Orthodox Judaism as a way to avoid transgressing a precept or as a way to distinguish oneself from other Orthodox groups.

The term “chumra” is also used when there are two or more different interpretations of the same point in the Talmud, and it is applied simply by choosing the stricter interpretation over the more lenient one. For example, in the 12th century, Rabbeinu Tam said that one could eat dishes of milk immediately after eating meat, simply by reciting a blessing and changing the tablecloth. Now, the most widely accepted halachic practice requires waiting at least an hour. Today’s practice is considered a “chumra” compared to what Rabbeinu Tam said.

In a certain sense, the Talmud, the Oral Torah, is that fence that protects the Written Torah. J. Israelstam, an English scholar, explains to us that: “The Torah is conceived as a garden and its commandments as precious plants, and a fence is erected to protect them.” Robert Frost in his poem “Mending Wall” says: “Before I build a wall, I want to know what I’m leaving in and what I’m leaving out and who I’m offending by doing so.” High walls isolate us from the outside world, they enclose us and don’t let us see what’s going on outside. Maybe there’s a new plant that would look great in our garden. That’s the problem with fences.

By Marcos Gojman

Bibliography: The Art Scroll edition of the Talmud and other sources.

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61.1 The festivals with and without the Temple.

The Torah tells us that we must celebrate three festivals in the year: Pesach, Shavuot and Sukkot (Leviticus 23). They are known as “Shalosh Regalim”, the three pilgrimages. The commandment said that every Jew in the land of Israel had to make a pilgrimage to the Temple in Jerusalem to present a sacrifice.

On Pesach, each family or group of people brought a lamb or goat to sacrifice in the Temple the night before the festival. Then the pilgrims went out to the courtyards of Jerusalem to roast the animal on a bonfire. While they ate it with Matza and bitter herbs, they told the story of the Exodus from Egypt. On Shavuot, the harvest festival, farmers would bring their first fruits, baskets of grain and fruit, and hand them to the priests, while reciting a litany thanking God for having brought the people of Israel out of the land of Egypt.

Sukkot, for its part, had become the most observed festival in the Temple. During the eight days it lasted, the priests would sacrifice seventy animals accompanied by their respective portion of grain mixed with oil and wine. On Sukkot, the Jews would arrive in Jerusalem with palm branches intertwined with willow and myrtle branches and carrying an etrog. They would wave all of this while saying “Hoshiana,” God save us. After the ceremony, they would give the etrog to children to eat. Since Sukkot fell in the fall, at the beginning of the rainy season, the priests would draw a jar of water from the Siloam spring in Jerusalem and pass it from hand to hand until it reached the Temple to be made into a libation. The ceremony was followed by a joyous party that lasted well into the night. The idea was to ask God for abundant rains for good harvests.

However, over time, the background of being agricultural festivals changed to something more spiritual. Pesach became the day to remember the departure from Egypt. Shavuot was related to the day that God spoke to Israel on Mount Sinai. And Sukkot was associated by the sages with the 40-year journey in the desert.

When the Romans destroyed the Temple, the festivities changed. Pesach was now observed with a ritual meal at home, without sacrificing the lamb. The important thing now was to tell the story of the Exodus. On Shavuot, the reception of the Torah was celebrated, and on Sukkot, the huts were built, which were normally used in the fields to gather the harvest, but were now used to remember the years in the desert, and palm branches were waved with the willow, myrtle, and etrog. Hoshiana prayers were now performed in synagogues. Sacrifices in the Temple had obviously been cancelled. The festivals without the Temple were no longer like the festivals with the Temple.

By Marcos Gojman

Bibliography: The Jews in the Time of Jesus by Rabbi Stephen M. Wylen.

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60.1 The End of the Prophets.

The prophets Hagay, Zechariah, and Malachi lived in the time of Ezra and Nehemiah. After them, there were no more prophets among the people of Israel. People wondered, “Why does God no longer speak to us through prophets as in biblical times?” Throughout the Second Temple era, people longed for the return of prophecy. They asked, “Why has God distanced himself from us? Where are the prophets?” Jewish literature of the Second Temple era consistently displayed a longing for prophecy.

From our historical perspective, it is easy to answer the question of why there are no more prophets. The acceptance of the Torah as Holy Scripture under Ezra the scribe brought prophecy to a sudden and irreversible end. A people and a religion cannot have both prophecy and scripture. One looks to a prophet to receive a new message from God. The Scriptures, for their part, claim to be the complete and only message of God. What would we do if a prophet contradicted the word of the Scriptures?

From the moment the Jews accepted the Torah as Scripture, the sage replaced the prophet. The sage was a scholar who knew the Torah and how to interpret it. God now spoke through the sage, instead of the prophet.

Malachi was the last of the prophets. He emerged after the time of Ezra the scribe. The third and final chapter of the book of Malachi represents the final farewell to biblical prophecy. Malachi announces a future that will be dominated by interpreters of the scriptures rather than by messengers of God. Malachi announces the Day of God as the one in which those who obey the commandments of the Creator will be vindicated. God’s message will come to us by interpreting the commandments of the Torah and not through the words of a prophet.

Zechariah and Malachi wrote in the question and answer format. Was this just a literary device? Or were the last prophets imitating the style of the sages, who receive a question and answer it with a studied response? We do not know. But we do know that this was the end of the prophets.

By Marcos Gojman

Bibliography: The Jews in the Time of Jesus by Rabbi Stephen M. Wylen.

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59.1 When the Bible went from being an historical era to a book.

After King Solomon’s death, the kingdom was divided into two: To the south, the kingdom of Judah continued under the dynasty of the House of David and to the north the kingdom of Israel which had several dynasties until the Assyrians destroyed it in 722 BCE. The kingdom of Judah lasted 136 more years until the Babylonians conquered it in 586 BCE, forcing most of its inhabitants to go into exile in Babylon itself.

By then, in Eretz Israel, the entire sacrificial ritual had already been centralized in the Temple of Jerusalem. The small altars were destroyed and the Jews became accustomed to the fact that they could only worship God in the Temple. This condition forced the Jews in Babylon to find new ways to serve God, as they could not make sacrifices in exile, although they did not lose hope of returning to Jerusalem and rebuilding the Temple.

The leaders of the Jewish people – the priests, royalty and nobility, wise men and elders – had been exiled to Babylon. It was their task to preserve identity and religion with new rituals and rules of observance. Reading the Torah was one of those new ways.

The prophet Jeremiah said that the exile would only last 70 years. Around 539 BCE, Cyrus the Persian emperor conquered Babylon and encouraged the Jews to return to Judah and reestablish the worship of God. Still, many stayed in Babylon where they felt at home. Some returned to Judah, including the priests who hoped to rebuild the Temple and with it their livelihood. In 515 BCE the Temple was rebuilt in a modest manner, though over the years it was improved til it surpassed the first in beauty.

Ezra and Nehemiah were the two great leaders who led the rebuilding of Judah. ​​Nehemiah was an officer in the Persian government, who asked permission to return to Judah and rebuild the country. His request was granted and he rebuilt the walls, established an honest government and defeated his enemies, especially the Samaritans. Ezra was a priest, a religious leader. He returned from Babylon with the mandate of reestablishing religious worship. He imposed very strict rules for observing the Sabbath, just as the Jews already did in Babylon, where observing the Sabbath was central to the religious ritual. He was the one who introduced the reading of the Torah on the holidays. On his first Rosh Hashanah he read from the Torah, as it is written in chapter 8 of the book of Nehemiah: “Ezra blessed God and everyone answered amen, and he read from God in the Torah scroll, translating it and giving it meaning so that the people could understand what was being read.”

Reading the Torah in public is the last event narrated in the Bible. The Jews of biblical times did not have a Bible, as they themselves were the actors in the biblical narratives. Their stories would eventually become the Bible. When the Bible was canonized, the Jews ceased to live in biblical times. The Bible went from being an era to a book.

By Marcos Gojman

Bibliography: The Jews in the Time of Jesus by Rabbi Stephen M. Wylen.

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58.1 Reading Literally.

Many contemporary readers of the Torah are frustrated because they have been exposed to a method of interpreting the Bible that takes the texts literally. So if Breishit says that God created woman from the rib of man, or if it says that the serpent spoke, or that this old man lived a few hundred years, those who take it literally interpret the story to be exactly what the words of the text say. And that literal understanding, they apply it to all the words and phrases in the Bible.

Aside from the fact that the Bible text that is commonly used may be one of several versions available and that many who read it use translations, since they do not know the original Hebrew, contemporary readers must understand that reading the Torah literally, can lead to misconceptions.

Even the ancient rabbis, who believed that the Torah was given to us by God, did not take the text literally. They took it seriously, but they always looked for something more than its literal meaning. They realized that the Bible was full of subtle metaphors and allusions, that there were wordplay and other literary devices, that sometimes they spoke satirically, and that their poetry could not be subject to a single interpretation. They also agreed, without fear of being wrong, that scholars could disagree among themselves when dealing with the meaning of some part of the Torah.

When reading the Torah we must keep in mind that what the author said in his time to his contemporaries, within his own intellectual frame of reference, is one thing and what later generations did with the text, those who contributed their commentaries and sermons, is another. This long tradition of understanding the Book as a prism, discovering through its facets a great spectrum of ideas, makes the Torah a unique work.

The Torah, in addition to its original meaning and the interpretations that have arisen over the centuries, also has relevance in our days. For example, the story of the Tower of Babel, which for many years was interpreted as an example of human arrogance, today warns us of the dehumanizing effects of urban life.

What is important about the Torah is, more than in the stories it tells us, in the questions it leaves unanswered. This way of not telling us the ending, of leaving it open, of not giving us a single answer, is the door that remains open for future generations who will hear those same words in a different way and will also answer in a different way. But you can be sure that it will not be in a literal way.

By Marcos Gojman

Bibliography: The Torah, a Modern Commentary, from a text by W. Gunther Plaut.

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57.1 Halacha and Agadah: Who wins?

The Encyclopaedia Judaica tells us that the Agadah, which is translated as “the narrative,” is usually defined in a negative way, as that part of the teachings of the rabbis that are neither laws nor religious regulations. For this reason, and although it is part of the Talmud, the Oral Torah, the Agadah does not have the normative quality that the Halacha has, whose precepts are obligatory.

However, we have to understand that the Agadot are moral and ethical teachings that deal with matters of faith and the art of living. It is therefore didactic. The truth of its teachings surpasses historical reality. The value of an Agadah is, on one hand, its ethical principles that teach us the art of living and, on the other, its poetic way of transmitting it.

The Agadot are mainly the creation of the Jews of Eretz Israel who wrote them down in the Talmud Jerusalmi, unlike the Talmud Babli which, although it has them, mostly are not from Babylon but from Jerusalem. The form it takes are narratives, legends, doctrines, warnings about good conduct, words of encouragement or consolation, expressions of hope for a better future.

Abraham Joshua Heschel, in his book Between God and Man, tells us: Halachah deals with laws, Agadah with the meaning of laws. Halachah gives us norms for acting, Agadah gives us the vision of the purpose of our lives. Halachah prescribes, Agadah suggests. Halachah decrees, Agadah inspires.

Heschell continues: Agadah deals with man’s relationship with God, with other men and with the world. It deals with life and religion as a great whole. The Agadah is what reminds us that the purpose of mitzvoth is to transform the one who observes them in order to achieve a spiritual goal.

For example, the Agadah is what tells us that he who saves a single life is as if he had saved the entire world. The Halachah would say that saving two is more than saving one, because mathematically two is more than one.

There is no Halachah without Agadah and there is no Agadah without Halachah. We must neither despise the body nor sacrifice the spirit. The body is discipline, order, law. The spirit is inner devotion, spontaneity, freedom. Therefore, performing a mitzvah implies discipline and inspiration, obedience and happiness, it is both a yoke and a prerogative. To maintain that the essence of Judaism is only the Halacha is as wrong as saying the same about the Agadah. The interrelation of both is the true spirit of Judaism. Our task is to maintain the balance. Neither of them should win.

By Marcos Gojman

Bibliography: Works cited.

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56.1 Eve, the First Lady?

The story of Adam and Eve, the incident with the snake and the forbidden fruit, had many implications. In principle, it marks the submission of woman to man. God, Rabbi Telushkin tells us in his book «Biblical Literacy», punishes Eve with the pain of childbirth and being subjected to Adam’s domination. Furthermore, since the biblical account tells us that Eve was created from Adam’s rib, this already gives her a second-class status and submission to man. Sanhedrin 39a, says that removing Adam’s rib «was beneficial to Adam, that God removed his rib and gave him a shifkha, a maid, to serve him.» A comment that the Talmud attributes to the daughter of Rabban Gamliel.

The implications that arose within Judaism from this relationship between man and woman are many. In Orthodox circles, women are definitely second-class beings: among many things, women are exempt from fulfilling time-bound mitzvoth, they are exempt from studying the Torah, men are thankful every morning that God did not make them women, and men are the only ones who can initiate divorce proceedings, which creates the problem of the agunah woman, the one whose husband does not want to give her the Get, the divorce, and therefore cannot remarry.

But the position of liberal Judaism is different. From the very explanation of the biblical story, which does not present Eve as the one responsible for this great “first sin.” The great educator Shlomo Bardin tells us: Imagine that a young woman marries a young man whose father is the president of a large company. After the marriage, the father appoints his son vice president and assigns him a huge salary, but since he has no work experience, the father does not give him any responsibility. Every week, the young man receives a fairly large check, but he has nothing to do. His wife soon realizes that she is not married to a man but to a young boy and as long as her husband continues in his father’s business, he will always be a young boy. So she forces him to quit his job, leave his safe surroundings, go to another city and start to stand on his own two feet. That is why Eve ate the fruit of the tree.”

Aaron Soloveitchick, in his book «Logic of the Heart, Logic of the Mind», tells us that it seems that woman has an advantage over man, a unique sacred spark attributable to her feminine nature. He says, “This conclusion can be deduced by just looking at Creation in Genesis. It seems that the higher was created after the lower. First light was created and with that other forms of energy. Then the inorganic world and then the organic world. And in the organic world plant life first and then animal life. And within the animal kingdom the simpler species came first and then the more complex ones. Adam, or humanity, was created after all the animals. And within the human species, the male came first and then the female. This proves that women have an innate spiritual advantage compared to men.” Eve is much more than just Adam’s “first lady.”

By Marcos Gojman

Bibliography: Works cited.

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55.1 The silence of God.

The biblical period is known as the time, in the history of the Jewish people, when God was always close and present and the moral was linked to the natural. The man of the Bible understood that if he observed the commandments of the Torah, he could expect good rains for his crops, have many children and achieve victories over his enemies. God himself managed both the natural and the moral. The punishment that Cain received for the blood of his brother that he shed, the Egyptians who drowned when the Red Sea opened, are examples of this double function of the Creator: to use His power over nature, to teach us a lesson. The biblical blessings and curses illustrated how nature and historical events reflected the Covenant that the people of Israel had with God.

But in the book of Job, things begin to change. There is a division between the God of Nature and the God of Morality. Nature punishes Job severely, even though he was a pious person who observed the divine commandments. And Job does not understand how the God of the Bible, who uses nature to teach us ethical lessons, now acts with him in this way.

The Talmudic period, on the other hand, no longer has a close and present God. It is the period of defeats, the destruction of the temple and of exile. Hard and difficult historical events began to crack the biblical promise of immediate gratification if you observed the mitzvoth. The Talmud tells the story of a boy who, obeying his father’s instructions to keep the mother bird away from the nest, so that he could take her babies, falls from the tree and kills himself. The mitzvoth of respecting your parents (Shmot 20:12) and of keeping the mother bird away (Devarim 22:6-7) are stipulated by the Torah to carry a long life as a reward. However, this case presents us with a conflict with that biblical promise. The Talmudic master concludes: “There is no reward for fulfilling the commandments in this world.”

And the rabbis question themselves in the Talmud: If God hates idolaters, why doesn’t He destroy them? If someone stole seeds and planted them, why doesn’t He prevent them from germinating? And our sages answer: Olam qui minhago noheg, the world functions under its own natural laws. The crucial point of this Talmudic text is the admission that natural forces and events do not reflect the moral relationship between men and God. The tsunamis that have killed thousands of people are not a divine punishment. In biblical times God spoke clearly. Now, He is silent.

By Marcos Gojman

Bibliography: Conflicting Visions, by Rabbi David Hartman.

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54.1 Is it good to have a set table?

Organizing the commandments of the Torah into a code, in order to facilitate understanding and carrying them out, has always been a goal of our sages. The Mishnah was the first compendium of our teachers’ commentaries on the mitzvoth. The Talmud, composed of the Mishnah and its complement the Gemarah, was finally canonized in the 6th century.

But the rabbis were not satisfied with the laws – halacha – set out in the Talmud. From Babylon they promulgated new responsa on practices and interpretations of the commandments that were incorporated into the Talmud, such as those of Rabbi Isaac Alfasi in the 11th century.

In the 12th century, Maimonides wrote a code organized by topics and where he only presented the conclusions on each topic discussed by our sages, without mentioning the details of the discussion or the teachers who participated in it. Maimonides intended his Mishneh Torah to become a universal guide for the practice of Judaism, but it was met with much criticism, especially from scholars in Europe.

In the 14th century, Asher ben Yehiel, a rabbi who lived in Germany and Spain and was therefore familiar with the customs of both Ashkenazi and Sephardic Jews, decreed that no decision could be made on the basis of Maimonides’ Mishneh Torah alone, but that the Talmud itself had to be consulted first before a verdict could be given. Nevertheless, his son, Jacob ben Asher, developed a new code based on Alfasi’s commentaries, those of his father, and those of Maimonides. He called it Arba Turim, the four rows, and grouped the laws into four categories: Orach Hayim, the path of life (on prayer and holidays), Yoreh Deah, teacher of knowledge (kashrut and mourning), Eben Haezer, the rock of society (marriage), and Hoshen Mishpat, the shield of judgment (civil matters).

In the 16th century, Joseph Caro initially wrote a detailed commentary on the Arba Turim, which eventually became the Shulchan Aruch, a halachic code that means “the table set or served” and that followed the same format as the Arba Turim. The Shulchan Aruch eventually became the most widely accepted compendium of halachic laws to this day.

However, the good intention of facilitating the practice of Judaism in a series of clear and concrete rules compiled in a code can make us lose sight of the origin and the true background of these rules and how to observe the commandments of the Torah. It’s like sitting down to eat without considering or knowing everything that was done by those who prepared the dishes that are served to us. We can enjoy the food, but we can’t create new dishes. Sometimes it’s not so good to just come and have the table set. Every now and then you have to go into the kitchen.

By Marcos Gojman

Bibliography: The Jewish Almanac, edited by Richard Siegel and Carl Rheins

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53.1 The Bible, our document of incorporation?

The 39 books that make up the Tanakh (Bible in Hebrew) were chosen from a very large group of works that existed at the time when the selection was made. The selection was a process that required five centuries. For example, the Torah with its five books, acquired its status as a sacred book in the fourth century before the current era. The books of the prophets were collected and organized in the period of the Second Temple. And the decision of which books were to form the third part of the Tanakh, the Ketubim, was made after the destruction of the Second Temple, possibly in the second century of our era. The decision of which books were to be included was not easy. There was much controversy especially with five books: Ezekiel, Proverbs, the Song of Songs, Esther and Ecclesiastes, which were finally admitted.

When the Biblical Canon, the group of books that make up the Bible, was closed, many were left out. One of them, for example, was the Book of Maccabees. Comparing those that did make it to those that did not, we can deduce that three criteria were used to select them. The first is that they had to be written in Hebrew. The Book of Daniel was hastily translated from Aramaic into Hebrew, in order to be included. The second condition is that they had to have been written in the period before “prophecy ceased in Israel,” roughly in the fifth century BCE. The third condition is that the book met the religious standards set by the rabbis.

At that time, Hebrew was written only with consonants, just as the Torah scroll is written. Vowel points were invented in the post-Talmudic era, roughly in the seventh century, and biblical texts with their vowels were finally determined in the tenth century. In Hebrew, a group of consonants can mean different things depending on the vowel points that are placed. For example, the consonants HRB can be HoReB, the name of a mountain, or it can be HeReB, which means sword. HLB can be HaLaB, milk, or HeLeb, fat. Putting the wrong vowels can completely change the meaning of a commandment or a story. It was finally in the tenth century that the definitive text, known as Masorah or Masoretic, was developed. It is the one we use to this day. And the division of the Bible into chapters and verses was even later than the Masoretic era.

The books of the Bible were not written by a single person or in the same era. It took many centuries to write it. The Torah was written by Moses and the books of the later prophets by each of them. The books of Proverbs, the Song of Songs and Ecclesiastes are attributed to King Solomon and the book of Psalms to King David.

The Bible, in the end, is the historical and collective experience of a people seeking to learn and understand the ways and will of God. This is what makes the Bible, in a broad sense, the book of the Jewish people. The Bible is more than an extraordinary book; it is the document of incorporation of Judaism.

By Marcos Gojman

Bibliography: Article The Eternal Book, by Abraham J. Feldman in the book The Jewish People’s Almanac, edited by David C. Gross.

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