By Rabbi Yair Hoffman for the Five Towns Jewish Times

Recently, former MK Rabbi Dov Lipman penned an op-ed in the Jerusalem Post, describing how a synagogue in his neighborhood of Beit Shemesh has changed its Simchas Torah policy. Some women had approached the shul to make a request. Consequently, the shul held a secret vote among its membership that ultimately changed the method in which the synagogue conducts the hakafos on the women’s side of the Mechitzah. The Rav of the shul in Beit Shemesh had previously given a shiur where he had laid out his halachic perspective and the foundation of what was set to be practiced. Subsequently, the board voted to give the women Torah scrolls to dance with for the Hakafos on Simchas Torah.

Rabbi Lipman writes about havig heard that the women were, “shining with pride.. middle-aged women tearing up as they gave expression to their years of love for the Torah and Torah study, by dancing joyfully with that devotion in their arms; and senior citizens who never even considered kissing or holding a Torah as an option now given the opportunity to do so..”
It is difficult not to see Rabbi Lipman’s point. Every parent wants to see their child happy and when they see that something has brought their daughter cheer – the natural tendency is to try and preserve and promote that.
With due respect, however, I would like to suggest that Rabbi Lipman’s tremendous love for others has perhaps colored his perspective.

Rabbi Lipman writes in his op-ed:

“A brief look at the halachic sources make it clear that if a synagogue wants to make this policy change, it is completely within the framework of Halacha to do so.”
Indeed, such a decision is, in fact, actually outside of the framework of halacha for a number of reasons. I would also like to suggest that Rabbi Lipman’s citation of the Mishna Brurah is disingenuous and, unfortunately, misleading.

BASED UPON BEIS HAMIKDASH

We must first realize that the hakafos of Simchas Torah did not emerge in a vacuum. They are based upon the hakafos that existed in the Beis HaMikdash itself. Deciding halacha and what we do in our shuls and on our Yomim Tovim based upon what makes our daughters feel spiritual is a grave danger – particularly when we create new and different customs that are no longer based upon that which was originally done in the Beis HaMikdash. Let’s say, for example, that someone’s daughter or son felt that playing Yanni or Springstein in the background to Birkas Kohanim enabled him or her to feel more spiritual – that does not give us license to change the method in which we perform Birkas Kohanim. By the same token, just because his daughter and others felt that it was a much more spiritual experience for them, does not mean that the manner of hakafos should be changed.

BREAKING FENCES

Secondly, there is something to the idea of Poretz Geder – breaking fences. If something was never done throughout Torah history, and we are actively changing the minhag of our parents, grandparents and ancestors throughout the generations – this is something that should give us pause. In regard to such matters, Rabbeinu Tam (Sefer HaYashar #537) tells us, “Kol Hameshaneh – yado al hatachtona – whomsoever initiates change – his hand is on the lower edge.” The Baalei Tosfos in Menachos 20b “nifsal” write, “Minhag Avoseinu – Torah – the customs of our fathers are Torah.”

CASTING ASPERSIONS

Our bubbies and great bubbies in Europe were not rural yentas as depicted in shtetl movies – they were holy and righteous women infused with remarkable fear of Heaven and love of Torah. In thousands of years of Jewish history, such activity was unheard of. Changing the manner of how to rejoice on Simchas Torah is casting aspersions upon the holy women who were our ancestors. The Trumas HaDeshen #232 writes that it is often inappropriate to make changes when such a change casts aspersions on the conduct of earlier generations.

INNACCURATE QUOTE OF THE MISHNA BRURAH

More pertinent, however, is Rabbi Dov Lipman’s citation of the Mishna Brurah. The Mishna Brurah (88:7) clearly rules that those undergoing menorrhea should not be viewing the Sefer Torah, citing the view of Rav Danziger author of the Chayei Odom. This, in fact, is perhaps the central basis for disallowing the holding of it as well. Differentiating between those currently undergoing menorrhea and those who are not would be a breach of propriety of the first order and, therefore, the custom is clearly to avoid it entirely. And while Rabbi Lipman can point to Sefardic authorities who allow those in a state of Tumah to hold a sefer Torah, Ashkenazim follow the Ramah and Mishna Brurah.

ACCUSATIONS OF MISOGYNY

Of late, a very disturbing trend has appeared. There have been many people that have attempted to characterize the practices and positions of Torah-true Judaism in regard to women and their exemption to certain Mitzvos as being misogynistic – anti-women. This is furthest from the truth.

To best understand the underlying issues, we might gain much by first familiarizing ourselves with a rather famous institution in upstate New York.

WEST POINT

The West Point Military Academy, is the U.S. Army’s most famous educational institution. West Point trains more United States Army officers than any other single institution and a high proportion of distinguished American generals have been West Point graduates. Recently, it had been looking to fill some openings for two very important positions. They needed an instructor for a course in Introduction to Warfighting and an instructor in Fundamentals of Army Operations. These positions are described below.

MS 100 Introduction to Warfighting – is designed to provide cadets with a foundation of the military and tactical knowledge necessary for application during summer Cadet Field Training. Cadets will learn the organization of Maneuver, Fires, and Effects Squads and Platoons as well as the characteristics of their organic weapons systems. They are also exposed to map reading, military analysis, troop leading procedures, pre-combat inspections, and small unit tactics.

MS200 Fundamentals of Army Operations – is designed to hone the skills developed during the Cadets “Plebe” year and focuses on applying those skills using Tactical Decision Making Exercises. Using discussion based scenarios, instructors continue to develop the skills necessary to build strong, confident tactical decision makers that use the fundamental principles of Army doctrine and are able to apply creative thinking and common sense in solving tactical problems.

If world events continue to deteriorate, if ISIS takes over more cities and or countries, it might be necessary for the United States to implement a draft. In such an event all able-bodied men within a certain age range might be called to serve. The people filling the positions above, however, would be exempt. It would be wrong to characterize their role as trivial or inconsequential. Their role is crucial. Without these people, cadets would be ill-prepared and the nation’s future would be at risk.

Women generally are exempt from time-bound Mitzvos. The reason is that they have been granted the role as the educators of Israel (See Brachos 17a). The commentators explain that the wording in Haggadah of “At P’sach lo – you, teach the fourth child that does not know how to ask” is conjugated in the feminine – because it is the women of Israel that are responsible for the training and educational development of the Jewish people. And like the instructors at West Point, it would be wrong to characterize their role as trivial or inconsequential. Their role is crucial.

Without the women of Klal Yisroel, sons and husbands would be ill-prepared and the nation’s future would be at risk. Indeed, we see from the Ksav Sofer (Responsa OC #20) that her role is so paramount that when she assists her husband in his study of Torah she is actually completing his very soul.

CONSULTING WITH OUTSTANDING SAGES

These issues are not matters that should be taken lightly. Rather, they should be decided upon by leading Torah and halachic authorities. And while it is true that we have numerous other issues in which we face, molestation, theft, chillul hashem – we should not brush this issue under the carpet. We do not change the manner in which we decide upon halacha based upon membership votes nor with disingenuous forays into halachic discourse. Rabbi Lipman has a powerful voice and is respected by many in Israel’s community. He speaks with an enthusiastic passion that can inspire the estranged and the unaffiliated toward a love for Torah and Yidishkeit. However, he should consult the great halachic authorities of our generation regarding this matter. If they tell him that this is, in fact, an erroneous move, he should issue a retraction.

The author can be reached at [email protected]