PODCAST · religion
The Twelve Minute Shiur
by Freehof Institute
Byte-sized audio learning from the Freehof Institute of Progressive Halakhah
Episodes
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#95 - Rabbi Moshe Feinstein: The Theory of Halakhic Decision, Part 2
The second and concluding installment of our look at Rabbi Moshe Feinstein's introduction to his collected responsa, where he sets forth his theory of why the contemporary posek (halakhic authority) is entitled - and even obligated - to undertake the daunting task of speaking in the name of Torah...
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#94 - Rabbi Moshe Feinstein: The Theory of Halakhic Decision, Part 1
Rabbi Moshe Feinstein, one of the leading Orthodox poskim(halakhic authorities) of the 20th century, was certainly no liberal or progressive. But his theory of halakhic decision has much to teach us. At least… we think so, and in the next several episodes we’re going to explore that theory, which...
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#93 - Just Who Is a "Kosher" Witness?
Most Orthodox poskim will tell you that, to be a valid ("kosher") witness, a person must be an Orthodox Jew, that is, observant of ritual halakhah according to Orthodox standards. So: a Jewish wedding ceremony is valid kiddushin only if it is witnessed by two Orthodox Jews. We have two questions:...
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#92 - A Family Trauma in the Halakhic Literature?
It's a typical halakhic discussion among the rishonim (medieval Talmudic scholars): an analysis of texts concerning the laws of aninut, the period of time that extends from the death of a loved one to the moment of burial. Typical? Could there be more to it? Does this back-and-forth over…
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#91 - Piyyutim and Creative Worship
Do you like creative liturgy - poems and thought-pieces and readings that add to or replace the traditional siddur text ? If you do, you probably know that Orthodox Jews claim that such creativity with the liturgy is a violation of the halakhah. Hmm - it seems that we've been through all this...
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#90 - Standing Up and Sitting Down for the Sh'ma
Reform congregations make a point to recite Sh'ma on their feet: they either rise or remain standing, if able. Most everybody else recites it in a seated position. Many say (wouldn't you know it?) that the Reform practice violates the halakhah. Here's an argument to the contrary.
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#89 - Why Must We Use a Plain Wedding Ring?
It's a well-known minhag (custom) to require that the wedding ring be a plain band, with no precious stones. But is this a requirement of halakhah? Most authorities say "yes," but their argument is open to... well, argument! Download the source sheet at www.freehofinstitute.org/podcast
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#88 - How Many Matzot on the Seder Plate?
Most say "three." Some say "two." Why the disagreement? And what's behind the two positions? We go back to the Mishnah and survey 1500 years of debate. Not so bad, we not-so modestly think, for twelve-plus minutes! Download the source sheet at www.freehofinstitute.org/podcast
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#87 - El Melekh Ne'eman
In traditional Ashkenazi siddurim, you'll find this instruction, right before Sh'ma Yisrael: "when praying in private, add 'El Melekh Ne'eman.'" Is this a big deal? Well, when you say "El Melekh Ne'eman" you're adding material to k'ri'at Sh'ma (the recitation of Sh'ma and its accompanying...
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#86 - Counting Children in a Minyan?
We all know that a minyan, the quorum needed for communal prayer (t'filah b'tzibur), is composed of a minimum of ten adults. Children, who have no obligation (yet) to fulfill mitzvot, don't count in a minyan. But already in Talmudic times and through the Middle Ages, some rabbis wanted to include…
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#85 - What makes a Marriage a Marriage? Part 3
In our last installment, we saw that Rabbi Moshe Feinstein ruled that Reform weddings do not create halakhically valid marriages. In this installment, we'll see that another leading American Orthodox posek, Rabbi Yosef Eliyahu Henkin, rejects Feinstein's decision in no uncertain terms. Not, to be...
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#84 - What Makes a Marriage a Marriage? Part 2
In this installment we consider the (in)famous decision of Rabbi Moshe Feinstein, the preeminent 20th-century Orthodox posek in North America, concerning Reform Jewish weddings. Spoiler alert #1: he thinks that they do not produce valid Jewish marriages according to halakhah. Spoiler alert #2…
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#83 - What Makes a Marriage a Marriage? Part 1
Two Jews walk into a church (stop us if you've heard this one!). They get married there, in a Christian ritual, with a priest as the officiant. Does halakhah recognize this marriage as valid under Jewish law? Some rather serious consequences ride on the answer to this question. In this…
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#82 - The Problem With Expertise
We hear much these days about "the death of expertise," a growing tendency to ignore and cast suspicion upon the counsel of physicians, scientists, economists - trained experts of every sort. Why is this? Is it because we're too dumb to listen to people who know better? Well, maybe! But that's…
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#81 - Three Blessings of Thanksgiving
We liberal Jews are quite familiar with the b'rakhah known as "Shehechiyanu." It's our all-purpose blessing of thanksgiving. We recite it all the time, over almost every conceivable moment of personal and communal celebration. In fact, though, the tradition knows of (at least) three b'rakhot of...
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#80 - Students of Torah and Military Service: A Responsum of the Tzitz Eliezer
In this installment, we look at a t'shuvah (responsum) from 1948 by a leading Orthodox posek on the question of draft exemptions for Torah students. We doubt that his opinion would be popular among today's chareidim. Not surprisingly, we find his reasoning impeccable. Get the source sheet at...
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#79 - Are Students of Torah Exempt from Military Service?
In Israel, as estimated 60,000 full-time students at chareidi (ultra-Orthodox) yeshivot are exempt from giyus (the draft). It's a bitterly contested issue, especially during a two-year war when the other segments of Israel's population have shouldered a heavy burden of military service. The...
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#78 - Why Do We Recite B'rakhot?
The birkot hanehenin, the blessings we recite before deriving material benefit from Creation: why exactly do we recite them?
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#77 - Birkat Eirusin, or: Is Marriage a Mitzvah?
At the moment of kiddushin, the inception of marriage, we recite the b'rakhah known as birkat eirusin, "the betrothal benediction." What does the text of that b'rakhah tell us about the nature of marriage according to the halakhah? Surprisingly - well, maybe not surprisingly - there's a machloket...
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#76 - K'vod Hab'riyot and Positive Change
Do poskim rely upon the principle "great is human dignity" as an argument for making permanent and positive changes in halakhic observance? Not often... but sometimes they do. Here's an example of an Orthodox authority who uses the argument gadol k'vod hab'riyot to justify removing a well-known...
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#75 - Gadol K'vod Hab'riyot: A Wedding on Shabbat
In shiur #73, we saw that the exalted halakhic principle "great is human dignity" has historically played but a minor, limited role in practical halakhic decision making. This shiur considers a famous exception to that rule. Rabbi Moshe Isserles permitted a couple to violate the Rabbis'...
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#74 - Why Don't We Recite a B’rakhah Over the Hagadah?
It's a positive ("thou shalt") mitzvah to tell the story of our redemption from Egypt on seder night. So why do we not recite a b'rakhah, a blessing over Hagadah, the telling of the story? Many have asked this question, and many have offered answers. In this installment we consider some of those...
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#73 - Gadol K'vod Hab'riyot
"Great is human dignity." How great is it? Would you believe that it's so great that it takes precedence over mitzvot of the Torah?? Well, not so fast; it's complicated. And like the old saying goes: two Talmuds, two opinions. Download the source sheet at www.freehofinstitute.org/podcast
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#72 - Are We Allowed to Cause Harm to Ourselves?
Are we entitled to do anything we wish to our bodies and our persons, even to the point of inflicting substantive harm upon ourselves, so long as our act does not damage others? Modern Western thought, especially in its libertarian variety, tends to answer "yes." Traditional Jewish thought, which...
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#71 - Birkat Hatorah
If talmud torah k'neged kulam ("the study of Torah is equal in weight to all the other mitzvot combined"), then no wonder we recite a b'rakhah - or maybe more than one - for the act of Torah study. But - what do we recite? When precisely do we recite it? And over what sort of "Torah" do we…
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#70 - On Strike!
Does the halakhah permit unions to strike, to walk off the job and to prevent nonunionized workers from replacing those on the picket line? It’s a machloket. Some authorities say that the Torah forbids workers to strike against employers and that there is a better way to resolve disputes over…
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#69 - Rav Ouziel on Organized Labor
How an outstanding 20th-century posek translates the ambiguities of the classical texts into a language that speaks to the economic realities of modern industrial society. The halakhah, he tells us, offers enthusiastic support for labor unionization even though those texts don't say so, at least...
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68. The Halakhah and Organized Labor
Does Jewish law permit workers to organize into labor unions to help secure better pay, benefits, and working conditions? Does it permit those unions to go on strike or undertake other such actions to enforce achieve their demands? The answer to those questions is a definite – maybe. In this…
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#67 - Hanerot Halalu
"Throughout the eight days of Hanukkah / These lights are sacred / And we have no permission to make use of them / We may only look upon them..." That's part of the liturgy traditionally recited upon kindling the Hanukkah lights. But what does it mean to "make use" of the Hanukkah lights? Why are...
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#66 - Joshua's Rules for Sharing the Land
Our tradition teaches that Joshua imposed a set of t'naim, stipulations or conditions, upon the people before they took possession of the land. Those stipulations suggest a vision of land use that allows for private ownership and for public benefit. Does that vision have anything to teach us in…
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#65 - Is There a Requirement to Eat Meat on Festivals?
It's a mitzvah to rejoice on a festival. And what better way to rejoice than a se`udat yom tov, a festive meal? Does meat have to be on the menu? Many Orthodox Jews say "yes" and that they have the sources to prove it. We're here to say "no," and we've got sources, too. It's a machloket. And not…
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#64 - The Strange Case of the Stolen Lulav
Can you fulfill the mitzvah of n'tilat lulav on Sukkot with a lulav that is stolen? That is, if you use a stolen lulav, are you yotzei? Do you fulfill your requirement? After all, even if it's stolen, it's still a lulav! Or does the halakhah refuse to recognize the action on the grounds that you...
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#63 - Ba`al T'shuvah vs. Tzadik Gamur
Who is the better person: the ba`al t'shuvah, the repentant sinner, or the tzadik gamur, the wholly righteous individual who has never sinned at all? You can argue it either way. And - are you surprised? - the tradition does argue it either way! Plus, there's an element of halakhah that rides on...
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#62 - How Many Shofar Sounds Are We Supposed to Hear?
The Torah says we are to hear the sound of t`ru'ah on Rosh Hashanah. What's a t'ru`ah? Why must it be sounded by a ram's horn? And how many sounds are we supposed to hear - one? Nine? Thirty? Sixty? 100? So many questions - can we answer them in twelve minutes? We can try! Download the source...
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#61 - Judicial Ethics
The ethics of judges is - unfortunately - a timely subject. So it's a good time to look at some of what the halakhic literature has to say about it. As is often the case, our study may leave us with more questions than answers. But then, asking the right questions is a good first step.
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#60 - Yom Tov Sheni, Part 3
In 1846, the Reform rabbinical conference at Breslau annulled the observance of yom tov sheni shel galuyot, the second festival day traditionally observed by Jews living outside of Eretz Yisrael. How could they simply do away with such an ancient religious practice? Is there any halakhic...
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#59 - Yom Tov Sheni, Part 2
More on the second festival day, like: why do many Jews still observe it when we no longer have any doubt as to the right date of yom tov? And what about the second day of Rosh Hashanah? It looks, smells, and quacks just like a regular yom tov sheni... but it's not! Source sheet available at...
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58. Yom Tov Sheni, Part 1
Why do many Jews outside of Eretz Yisrael turn every Biblically-ordained festival day (yom tov) into a two-day observance? What's the nature of that second day, especially since we no longer have any uncertainty about determining the months and the dates of the Jewish calendar? And why do...
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#57 - May a Blind Person Be Called to the Torah?
Rabbi Yosef Caro, in his Shulhan Arukh, holds that a blind person may not be called up to the Torah. That ruling stirred a halakhist of the next generation, Rabbi Binyamin Selonik, to write a responsum that holds the opposite. Just your ordinary, run-of-the-mill halakhic mahloket - except that...
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#56 - Thinking Halakhicly About Disability
In halakhah, as in life, there are two ways - one "passive," the other "active" - to think about disability and of our response to it. In this episode, we consider examples of each. Source sheet available at www.freehofinstitute.org/podcast.
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#55 - Who Is Worthy to Lead Us in Prayer? Part 2
Picking up where we left off in episode #53. What qualities should we want in a shaliach tzibur (prayer leader)? And what qualities are we best advised to avoid? The halakhah weighs in. Get the source sheet at www.freehofinstitute.org/podcast.
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#54 - Getting Rid of Hametz
Pesach is coming. Time to get rid of your hametz. And there are four different ways to do it. Oh, the choices! This episode explores the whys and the hows. Get the source sheet at www.freehofinstitute.org/podcast.
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#53 - Who Is Worthy to Lead Us in Prayer? Part 1
The leader of the prayer service - the shaliach tzibur - is traditionally considered our representative or emissary before God. So it's understandable that we want to appoint the very best person, or at least someone who is worthy for that job. Okay... but how do we define "worthy"? The first of…
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#52 - "They Teach Him the Principles of the Faith": Is Rambam Just Making This Up?
For nearly a thousand years, students of the Mishneh Torah, Rambam's great code of halakhah, have sought to identify the Talmudic sources of his rulings. Sometimes, he appears to have no source whatsoever. When this happens, we have to ask: is Rambam just making this up? Is it permissible even…
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#51 - B'rakhot: Is It Okay to Change the Text?
Progressive Jews have been writing new texts for the b'rakhot, the blessings or benedictions that form the core of our worship, for just about 200 years. There are lots of reasons for that, but our question here is whether we violate halakhah when we do it. Does Jewish law permit us to alter the...
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#50 - Why Are We Still Saying Kiddush in the Synagogue?
We ask that the congregation please rise... to observe a custom (minhag) that was created for a very specific reason. That reason disappeared over 1000 years ago. So what did the Jews do about that? You guessed it: they maintained the minhag and came up with new reasons for it. That in itself…
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#49 - The Death of King Saul and Physician-Assisted Suicide
It's one of the most famous cases of suicide in all of Jewish literature. Saul, king of Israel, falls on his sword in order to avoid being taken alive and abused by the Philistines. Does this story serve as a precedent in support of physician-assisted suicide in cases of terminal illness? Some…
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#48 - On the Flexibility of the Halakhah
At the Freehof Institute, we understand halakhah in its best sense not as a set of fixed rules but as a discourse, a language of thought and of argument that Jews utilize to study their sacred sources and determine just what they tell us when it comes to matters of sacred action. And we believe...
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#47 - What's Wrong with the Electric Hanukkiah?
According to halakhah, can you fulfill the mitzvah of Hanukkah, the lighting of the Hanukkah lamp, by using electric lights? Most Orthodox authorities say "no." We say "yes," and here's why. Source sheet available at www.freehofinstitute.org/podcast.
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#46 - Deception: Part 2
In shiur #44, we saw that the halakhah prohibits g'neivat da`at, deceptive speech and conduct, behavior that creates a false impression in the mind of another. In this shiur we ask: are there exceptions to this isur, this prohibition? Is there any situation in which we are permitted to deceive?…
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Byte-sized audio learning from the Freehof Institute of Progressive Halakhah
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Byte-sized audio learning from the Freehof Institute of Progressive Halakhah
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