By Rabbi Yair Hoffman for 5tjt.com

One would have thought that the story was made up, if not for the unimpeachable source of it – HaGaon HaRav Rav Yitzchok Zilberstein shlita.

THE STORY

It happened in Eretz Yisroel in a mixed section of Bnei Brak –  a few years ago.  An elderly gentleman invited two of his grandsons, cousins, for the Pesach Seder.  After four cups of some high-alcohol-content-wine (port perhaps?), these two young men proceeded to do something that constitutes a desecration of the Divine Name.

They were young. They were pure. They were new.

They were drunk.

Unable to sleep, these two cousins decided to go out into the streets of the city and find someone who had not yet fulfilled the Mitzvah of Achilas Matzah.  The goal?  They wanted to convince him of the importance of fulfilling this Biblical Mitzvah.

Until they came across this young man whom we shall call, “Ofer” – sitting on a garden bench.

They said to him, “Gut Yom Tov!  Did you eat a k’zayis of Matzah this evening?”

“Ofer” responded forcefully and said, “Matzos?!  Who are you??  What are you doing!  What is this, religious coercion?!  NO!  I DID NOT EAT MATZAH TONIGHT!! Nor do I want to eat Matzah tonight!!  You are a bunch of #!&!! !   @^&!!”

They tried convincing him to eat the Matzah saying, “Don’t you know that had we not been redeemed by the Divine Hand from Mitzrayim – we would still be slaves there?”

He responded, “I don’t want to eat the Matzah nor do I wish to see you!”

They forced the Matzah down his throat.

What they did was horrible and inexcusable – even if they were drunk.  It is the type of action that gives religious Jews a bad name and cannot ever be justified.  He followed them home, cursing them out the entire time.

It was both horrific and bizarre. And then came the court case.

THE INCIDENT

But before we get to the details of the court case, an incident that happened six months later:

“Ofer” receives a registered letter from a lawyer.  He is summoned to a meeting with his entire family.  He does not know what is flying.  What is going on?  He does not know.

He arrives at the meeting. His entire extended family is present.  The lawyer begins:

“You are all well-aware that you had a very wealthy aunt that lived in the United States.”

They all nodded.

“Well, there is bad news and good news.  The bad news is that she has passed away.  The bright side is that she left a multi-million dollar inheritance to the family – with one caveat.

In her will, she wrote:  ‘I fondly recall how my parents were steadfastly observant Jews and I and my brother had left the path of Torah.  In the past few years, I began to reflect upon these things with great regret.   I came to the conclusion that the purpose of life is not to amass great wealth – but rather to fulfill Hashem’s will..

I am not planning on splitting the inheritance among my relatives. Rather, I am leaving it all to the relative that is closest to religious observance.. Since I am writing this will close to the holiday of Passover, and the parameters of “closest to religious observance” is difficult to quantify – whomsoever consumed Matzah this past Passover Seder – will inherit a portion of my estate’.”

The lawyer asked all present, “Who among you can testify that they consumed Matzah this past seder?”

Silence reigned.  Not one member of this large extended family, to their regret, had consumed any Matzah.   All except one.

To everyone’s shock, “Ofer” raised his hand.  No one believed him and the family accused him of lying – just to get the money.  It seems that Ofer was the least observant of them all – the most hate-filled against religion than any of them.

THE COURT CASE

The matter was taken to the Israeli court system.  Ofer remembered the home in Bnei Brak.  He tracked down the cousins and told them that they were, in fact, correct in their actions (they weren’t, of course) and that because of their actions – he stood to gain a fortune.

Faced with the testimony of the witnesses, a huge legal debate then ensued between the lawyer representing the extended family, and “Ofer.”  Is being force-fed Matzah considered a legal consumption of Matzah?

THE HALACHA

Rav Zilberstein proceeds to examine the issue from a Halachic perspective – did Ofer fulfill the Mitzvah in this force-feeding?

There are numerous underlying issues:

DO TORAH MITZVOS REQUIRE INTENT TO PERFORM THEM?

Do we rule that Torah Mitzvos generally require intent to perform them?  And is Matzah consumption different?  The Shulchan Aruch (OC 60:4) cites two views to the first question.  The Mishna Brurah in Siman 60 concludes that one does not fulfill the Mitzvah from a biblical perspective.  The Pri Magadim is unsure and states that perhaps, even according to the view that he has not fulfilled the Mitzvah, it is only from a Rabbinic perspective that it is invalid.

IS MATZAH DIFFERENT?

In Shulchan Aruch (OC 475:4), Rav Karo rules that if gentiles forced him to eat Matzah against his will – he has fulfilled the Mitzvah.  What is the rationale that he has fulfilled it?  The Mishna Brurah explains that the fact that his throat has experienced a benefit in consuming it – counts as if he has intent.  The Mishna Brurah (475:34) cites a number of Poskim that disagree with this concept.  He also explains that the term gentiles is employed – but kol sh’kain, and certainly, if Jews forced him.

DID HE EAT IT WHILE LEANING?

Did Ofer eat the Matzah with HaSeiba – leaning?  They did force him down on the bench – but this is not derech cheirus – the way of free men.  And does it even matter if he leaned?  There is a famous Brisker Chakira (Griz, Hilchos Chametz uMatzah 7:7) as to whether the concept of leaning is part and parcel of the Mitzvah of eating Matzah or is it a separate Mitzvah in and of itself.

WHO IS HOLDING ON TO THE MONEY?

There is another concept in halacha (See SA CM 648:10) called, “Kim li k’hani Poskim.  Whenever there is a debate in halacha, the person who is holding on to the money can say, “Well I am sure that the halacha is in according with Poskim group A – therefore, I am keeping the money.  In our case, neither of the sides is holding onto the money.  So, if the judge rules to give it to the extended family – then they may keep it. If the judge rules to give it to Ofer – then he may keep it.

WHAT DID SHE MEAN?

Perhaps it can be argued that she had no intention to give the money to someone who was being forced to eat it and had no intention of consuming Matzah – even though from a halachic perspective it technically fulfills the requirement of Matzah consumption.   If this is the case – that we follow her intention – then the money must be split up among the entire extended family.

THE FOUR QUESTIONS

We, of course, remain with four questions (aptly so) regarding this bizarre incident.

1. Did the cousins regret their ways sufficiently to enter into a Mussar Yeshiva to improve their conduct?
2. Did Ofer become religiously observant after this bizarre incident?
3. Did the other family members become even less observant because of the physical nature of what had occurred?
4. And, what happened to the money?

Thus far, this author has been unable to trace the answers.  But stay tuned.  In the meantime, have a chag kasha v’samayach!

The author can be reached at [email protected]

Please Note:  The ends here do not in any way justify the enormous desecration of Hashem’s Name that took place here.