The Short Vort by Rabbi Eisenman

The Short Vort

Good Morning!

Today is Tuesday, the 26^th of Menachem-Av 5782, and August 23, 2022

No One Said It Would be Easy: The Shach

"I cannot give you the formula for success, but I can give you the formula for failure: "Try to please everybody."

Herbert Bayard Swope

(He was born on January 5, 1882, in St. Louis, Missouri, to Ida Cohn and Isaac Swope.

He was a Jewish American journalist who won the Pulitzer Prize three times for reporting.

He won a Pulitzer Prize for his expose in 1922 of the Ku Klux Klan.

Among the many civic organizations in which he was active was the National Conference of Christians and Jews.

Swope died in 1958, aged 76, at his home, in Sands Point, New York.)

 

Few things are more personal, more emotional, and more touching than the death of a loved one.

Hashem has given us His Torah in His overwhelming and constant kindness.

Hashem, in His mercy, has also blessed us with Torah sages, Gedolei Yisroel.

They interpret and decide for us all of our halachik and daily questions.

To these great Torah leaders, we submit our emotions and intellect.

Indeed, these Torah greats are our minds and our hearts.

It is to them and them only we turn to for guidance when we are confused.

And it is to their decisions we bow, submit and follow, irrespective of our own personal feelings and emotions.

 

Part One- a Story and the Accusation

 

Imagine the following scenario.

A young boy, an orphan whose father has passed away, is in the sixth grade at the Ploniville yeshiva number one in Ploniville, Wisconsin.

We will call him resident-boy.

His mother pays tuition, and she is happy and thanks Hashem; she can pay tuition and be assured of a place for her son in yeshiva.

Yet, the day arrives when a visitor, an orphan boy, also in the sixth grade, arrives in Ploniville from San Diego, California.

We will call him non-resident-boy.

The mother of the visiting (non-resident)  sixth grader arrives at school and says, "My son needs to learn Torah. I am putting him in the sixth grade today".

 She arrives at the school early and has her son sitting with his Siddur open ten minutes before the start of classes.

The mother of the visiting boy has no intention of remaining in Ploniville after today.

And if she does remain in Ploniville, she has already decided not to pay tuition to the Ploniville yeshiva number one.

More often than not, her son, non-resident boy, will attend the other yeshiva- Ploniville Yeshiva Number two.

Non-resident-boy attends Ploniville yeshiva number one only on those days when it is more convenient.

Today, non-resident-boy is sitting in the last remaining seat in the sixth grade at Ploniville yeshiva number one.

Resident-boy arrives on time only to find his seat occupied by non-resident-boy.

Resident-boy feels uncomfortable. He does not want to appear unwelcoming or mean.

Yet, there are no more desks in the classroom.

HIs mother pleads: 

"I pay tuition, and I live here permanently. I am a part of the Plonilville yeshiva Number One for years.

My son always attends the yeshiva; as I mentioned, I pay my dues. My son needs to learn Torah.

I feel bad for the non-resident boy. However, he too can pay tuition and move here, granting him equal status as my son. If he does so, the school will be required to accommodate him. However, as things are now, do I allow my son to forfeit a day of learning by not asking non-resident-boy to leave my son's seat?"

Other people listen in.

They say to the mother of the orphaned resident- boy:

"How mean can you be?

 How heartless can you be?

 So what if non-resident-boy does not pay tuition?

And what difference does it make that a non-resident-boy does not regularly attend Ploniville Yeshiva number one and only frequents it when it fits into his schedule?

He is an orphan and needs a place to learn Torah today.

Your son is not important.

The only important thing is that non-resident- boy gets to sit in the last remaining seat.

That is the Jewish thing to do."

 

Part Two- Mother's Reaction

 

The mother asks, "But, doesn't my paying tuition, living in the town, and being a loyal and consistent member of the Ploniville Yeshiva number one count for anything?"

The listener's counter: "How dare you say that? Do you think money or residency has any relevance here? Foolish lady, non-resident boy, came to the classroom first and needs a seat to learn Torah.

What will be with your son is not our concern."

Resident boy's mother is not one to make a conflict.

She is not one to enter into a confrontation with anyone.

She slithers away, hurt, humiliated, and made to feel ashamed.

Yet, all she wanted was to have her son learn Torah for the Neshama of his departed father.

Part Three: The Amud

The above metaphor often occurs in my Shul.

It does not involve sixth-grade boys, and it does not include seats in a yeshiva.

However, it does evoke the same passion and emotion as the above anecdote.

Every day men arrive with the hope and sometimes an expectation that they will be the ones to lead the prayer service in honor and as a merit to the Neshama of their loved one.

Mourning for a loved one supersedes rational thought and logic.

The loss of a loved one is highly emotional on so many levels.

 We often get caught up in the thicket of emotions and lose sight of the Halacha.

We act and react in an understandable, albeit often incorrect halachik manner.

Part Four- Gedoei Yisroel

Thankfully, Hashem, in His kindness, has granted us Chachmei Yisroel, who guide us at these times.

These Torah giants can see beyond the problematic conflation of pain, mourning, guilt, entitlement, and irrationality.

We must turn to the Torah, its teachers, and its leaders for guidance and direction.

Their holy words are a balm and antidote to the toxic effects of hyper-emotion, which is so prevalent at these times.

The Torah of the Talmidei Chachomim is the remedy that restores sanity and calmness.

Their holy words instruct us in correct Torah behavior at a time when the cacophony of discord creates chaos and disharmony.

Deciding the question of who has priority at the Amud is a difficult and emotional one.

For years I avoided the issue of deciding on this complex dilemma as I knew I could not make everyone happy.

Does a Yahrtzeit trump a Shloshim?

Does a Shloshim trump a person who "always" has this Amud?

Does a person who just arrived at Newark airport and races to the Ahavas to get the Amud for his loved one take precedence over a person who is a regular davener?

However, I have realized that Klal Yisroel- the Jewish people are Kedoshim, special and beautiful.

I came to the recognition that they want direction from our Torah.

The Jewish people who are holy and pure will accept and adapt and ultimately submit to the words of the Torah as interpreted by our Sages.

I, therefore, present to you not my words but the rulings and teachings of the great ones of our people.

 

Part Five- Daas Torah

 

The Shach – (HaRav Shabbsai ben Meir HaKohen 1662-1663) is the gold standard in Halacha.

 His commentary on Choshen Misphat and Yoreh Deah are often the final word in practical Halacha.

A genius of geniuses, at the age of 24 in 1646, he illuminated the world with the publication of his commentary on the Shulchan Aruch.

The Shach deals with the order of priority as to who should lead the davening.

In his commentary to Yoreh Deah 376:12, he writes that dues-paying residents have a preference over guests.

He defines residents with the right to the Amud as those who pay dues.

Living in the community alone does not confer upon the person the classification of being a Toshav,  a resident with rights to the Amud.

 Rather, it is the payment of communal dues which grants a person the status of a "resident with rights."

 ש"ך יורה דעה סימן שעו ס"ק יב

וכל דרי הקהלה נקראים תושבים הן אותן שנותנים מס

 

He states that dues-paying residents take precedence over non-dues-paying individuals regardless of the status of the non-dues-paying individual's mourning status.

This is not my opinion; it is the opinion of the Shach and echoed by Rav Akiva Eiger (HaChadashos:4), Shut  Minchas Menachem (5), Shut Avodas HaGershuni (section 60:3), Shut Emek Sheila (OC:8) and Gesher HaChaim (page 360).

All of the above state (and I found no one who disagrees) that a dues-paying resident takes precedence over all visitors or non-paying residents regardless of others' mourning status.

הכל תלוי בפריעת המס

These are the words of our Poskim, who is their divine given wisdom, have shown us the path to correct ethical/halachik behavior.

Of course, this does not preclude the option of a toshav– a dues-paying resident to cede his right to a visitor if he is so inclined.

However, let us never lose sight of the guidance our Torah leaders have given us.

Therefore, since "the Torah are pleasant, its pathways bring Shalom", we shall all joyfully follow the dictums of our leaders and Torah guides. By doing so, we shall be privileged to live in Shalom and harmony.

Our poskim never intended to exclude anyone. However, they realized the necessity of setting up an order of priority precisely to avoid machlokes. 

 

Part Six- The Bottom Line

 

I shall be requesting the Gabboim to place the following instructional message near the Amud in the Batei Medrashim:

 

Dear Potential Shaliach Tzibbur!

We are so honored you are joining us!

Please feel welcome!

It is the view of our great Poskim: Shach(376:12), [Rav Akiva Eiger (HaChadashos:4), Shut  Minchas Menachem (5), Shut Avodas HaGershuni (section 60:3), Shut Emek Sheila (OC:8) and Gesher HaChaim (page 360],

that all dues-paying members have precedence at the Amud.

Therefore, to avoid machlokes and discomfort, we respectfully request that you allow any dues-paying member priority to daven at the Amud.

This is the Daas Torah of our Gedolei Yisroel.   

This priority at the Amud to dues-paying members is irrespective of the period of mourning the visitor is in.

By listening to Daas Torah, we fulfill the verse, "You must act according to the decisions they give you…Be careful to do everything they instruct you to do." (Devarim 17:10)

We should have Shalom in all of our homes and Shuls.