Thoughts for the 3 Weeks

Rabbi Yaakov Bieler

Parashat Pinchos, 5764


       The opening plenary of the recent CAJE (1) day school conference held at Hofstra University at the end of June, was entitled, "Envisioning the Educated Jew: A Review of Visions of Jewish Education." The presentations at this session focused upon the "Visions Project" that was begun by the Mandel Foundation, in collaboration with the Harvard Philosophy of Education Research Center, in 1991, and which has now resulted in a volume entitled Visions of Jewish Education, published by Cambridge University Press. (2) The project involved enlisting six distinguished contemporary scholars, (3) each engaged in a different academic discipline  and associated with different Jewish denominations, to formulate succinct statements regarding their understanding of what constitutes a proper and meaningful Jewish education. These statements were then shared with one another as well as with other scholars and numerous professionals and lay leaders, and revised and amended over a period of years in light of these manifold discussions. The book that has resulted not only includes the final statements of these six individuals, but also analyses and descriptions of the responses that each of these statements elicited among those with whom they were shared. A case study where a "Visions" approach was utilized in a community day school is also included. In my opinion, this book should not only be read by those who are engaged in providing Jewish education to their constituencies within a professional context, but everyone who takes his/her Judaism seriously. We are all both consumers and providers of Jewish education to ourselves, our families, our friends, and the members of our communities, and therefore reading these learned and incisive discussions should enhance our efforts to engage in Jewish learning. Precisely because of the variety of backgrounds and interests of the contributors, the discussions are rich and provocative, leading to much food for thought and personal reflection, and hopefully more meaningful practice on the parts of us all.

       As could be anticipated, Dr. Isadore Twersky, ZaTzaL's, contribution to the "Visions Project" focuses heavily upon the writings of RaMBaM. (4) One aspect of RaMBaM's approach to understanding Judaism's commandments that Dr. Twersky emphasizes should be, in his opinion, part and parcel of all Jewish education from the earliest age throughout one's life, is, in addition to learning and practicing the tenets of Judaism, we should engage in attempting to understand the meaning of the Mitzvot. As an indication of the importance that the RaMBaM attributes to focusing upon Ta'amei HaMitzvot (the reasons for commandments), Dr. Twersky calls attention to a passage in the RaMBaM's Igeret Teiman (the Letter to Yemen):

       If he could only fathom the inner intent of the law, he would realize that the essence of the true divine religion lies in the deeper meaning of its positive and negative precepts, every one of which will aid man in his striving after perfection, and remove every impediment to the attainment of excellence. These commands will enable the masses and the elite to acquire moral and intellectual qualities, each according to his ability. (5)

Encouraging us to consider the personal philosophical significance of the Jewish observances in which we engage, is particularly relevant to individuals who attempt to live their lives comprehensively in accordance with Halacha (Jewish law). There are so many issues that one has to take into consideration when deciding what to do and how to do it, that little time is left for contemplation and introspection regarding the objectives which these practices are intended to help those observing them to achieve. Of many of us, it could readily be said that we "can't see the forest for the trees", i.e., are so concerned with details, that the larger issues that ought to be outcomes of Mitzva observance, are overlooked. The glaring inconsistencies that sometimes appear between our ostensible serious religious practice and the ethical, moral, spiritual and humanitarian positions that we assume, could, at least in part, be attributed to a failure to consider the "bigger picture." Since it is so easy to ignore the philosophical and spiritual implications of a Jewish lifestyle, this trend can only be countered by modeling such thinking in the classroom, at home, in the synagogue, and by devoting at least some time to these issues in our own personal Tora study.   

Now that we have just commemorated the 17th of Tammuz, and we find ourselves in the midst of the "The Three Weeks", (6) a brief exercise that will illustrate how to think philosophically about the practices that Jewish law proscribes during these days will hopefully be informative.

The Shulchan Aruch (7) devotes 12 sections in Orach Chayim, (8) #549-560, to the topic of the period leading up to Tisha B'Av. The laws could be generalized as dealing with a progressive state of mourning and an atmosphere of sadness that becomes increasingly more intense until the 9th of Av is reached. Different laws designed to cause different manifestations of mourning and sadness apply to the days immediately following the 17th of Tammuz, (9) Rosh Chodesh Av and its aftermath, known as "The Nine Days", (10) and the weekdays following the Shabbat immediately before Tisha B'Av, "Shavua SheChal Bo (the week in which it occurs). (11) Commemorating the destruction of the Temple, however, is not exclusively relegated to this period of the year. Not only do other minor fasts-Tzom Gedalya and Asara B'Tevet-also commemorate various stages in the gradual destruction of the Temples, but in Orach Chayim, Siman 560, practices designed to commemorate these tragic events each and every day by giving us additional reminders that we are expected to be sad, are described. The laws culminate in 560:5, where the author writes, "It is prohibited for a person to fill his mouth with laughter in this world." (12)

The philosophical considerations begin when one asks, "To what end is all of this sadness and mourning? Is there a virtue to be sad for its own sake? Is it simply a matter of reenacting what took place on two occasions several thousands of years ago, in the spirit of the Haggada's requirement that everyone see/show him/herself on the night of the Seder as if s/he actually left Egypt? Or is the mood of loss and deprivation that all of these practices are designed to engender, supposed to lead in some other direction?"

For all of the lengthy discussion of what can and cannot be done on the fast days connected to the Churban HaBayit (the destruction of the Temple) as well as during the Three Weeks, there is a singular comment that appears in the Mishna Berura 549:1 #1 that delineates the purpose of such practices, that allows us to finally see "the forest".

And on all of these days, Jews fast because of the troubles that befell them, in order to awaken the hearts to consider the ways of REPENTANCE, and that these practices should be a commemoration for our improper actions and those of our ancestors that were similar to our actions now, to the point where these actions caused for them and for us these troubles. By remembering these matters we will REPENT and improve…Therefore each person is obligated during these days to take these matters to heart, to contemplate his/her actions, and to REPENT for those that are less than proper. Because the most important thing is not the fast (or the mourning or the sadness)… but one's resultant improved actions…(13)

While repentance can be a general obligation, as during the period of the Ten Days of Repentance between Rosh HaShana and Yom HaKippurim, with each individual delineating for him/herself the areas that are most in need of improvement, when the need to engage in Teshuva is connected to specific historical events such as the destruction of the Temples, the sins that led to these tragedies should receive special attention, and should occupy a position of priority when it comes to personal improvement. Such an approach is certainly the sense of a statement in Talmud Yerushalmi Yoma 1:1, "They said: Every generation in which it (the Third Temple) is not built during its days, it is considered as if that generation was responsible for its destruction." Since logically, if a specific sin or characteristic of society was deemed responsible for the Temples' elimination, then if it is our responsibility to create a climate in which it can be restored, we have to address those specific sins and characteristics.

     In a recent issue of Jewish Action (64:4, Summer 5764/2004) Ari Zivotovsky, in "What's the Truth about…the Cause of the Destruction of the Beit HaMikdash?",  summarizes the various iniquities that primary Jewish sources identify as the catalysts for the Temples' destruction. He acknowledges that while there are a wide variety of suggestions regarding the specific causes, the most well-known formulation, as appearing in Yerushalmi Yoma 1:1, states the following:

We find that the First Temple was destroyed only because they were practicing idolatry, engaging in sexual immorality, and that murder was taking place regularly. The same was true regarding the Second Temple.
R. Yochanan b. Torta said: We find that Shilo was destroyed because they were disrespectful of the holidays and were profaning the sacrifices. We find that the First Temple was destroyed only because they were practicing idolatry, engaging in sexual immorality, and that murder was taking place regularly. But concerning the Second Temple, we recognize that they were studying Tora seriously, were careful about fulfilling Mitzvot and separating tithes, and all manner of good deeds were being carried out by them. But they excessively loved money and they hated one another with needless hatred.  And it is apparent that needless hatred is as serious as idolatry, sexual immorality, and murder. (14)
R. Ze'ira, R. Yaakov bar Acha, and R. Avuna were sitting and said, that needless hatred is even worse than the other three. After all, the First was rebuilt, but not the Second. R. Ze'ira said: This indicates that they repented for the sins leading to the destruction of the First, but not for the sin that caused the destruction of the Second. R. Eliezer said: Concerning the First Temple, they admitted their sin, and therefore their exile was limited; as for the Second Temple, they may have admitted their sin, but their exile is unlimited.

        Consequently if Sinat Chinam is a major factor in the destruction of the Temples, Ahavat Chinam-the love for one's fellow for no particular reason other than s/he is a human being created in the image of God, should serve as the antidote. However, before we can even turn to Ahavat Chinam, it is necessary to identify and address the instances of Sinat Chinam that we have to strive to eliminate especially during the period when we mourn not only the loss of the Batei Mikdash, but also the Jewish people's improper interpersonal relationships.

         Needless hatred can take on many forms. Obviously, when people act spitefully and cruelly towards one another, it is clear that the society that is comprised by such individuals leaves much to be desired. However,
Sinat Chinam can be much more subtle, and we must be on the lookout for such manifestations of this terrible attribute as well. An example that many of us encounter in the synagogue on a weekly basis is the neglect by some of us to pay attention to the prayers that are offered on behalf of others, e.g., MiShebeirach's (15) and Keil Maleh's. (16, 17) You can be assured that if, Chas VeShalom (Heaven Forbid), someone is ill or in danger in our own families, we will take prayers on their behalf very seriously. But are we interested only in ourselves, and in the loved ones whom we know? Aren't we all expected to be responsible and caring for one another? In our private prayers, we recite our requests in the plural to indicate that we are concerned with the welfare of everyone; why should this be different when public prayers are being offered? In this year's Dvar Tora for Yom HaAtzmaut, I noted that some individuals seem to be reticent about praying for the welfare of the United States and its servicemen. I received comments afterwards, particularly from those who serve their country at great personal sacrifice and risk, that they were upset that some could be so insensitive and unappreciative of what others, including fellow Jews, are undertaking for the benefit of all. Similarly, when prayers are being offered for people, whether deceased or alive, individuals in need of either remembrance or assistance, it is a reflection of callousness and Sinat Chinam not to take the time and commit the attention to praying on all their behalves. 

         A different form of Sinat Chinam is raised in an article in The New York Times on July 10, 2004, (A17-19) entitled "Tilting at Windmills: A Crusade Against Rank" by Julie Salamon. The article describes the thinking of Robert W. Fuller who has theorized that much of the problems in our world stems from "rankism" or the bullying behavior of individuals who think that they are superior. In attempting to illustrate what he means on an interpersonal level, Fuller is quoted as saying, "We try to sniff how much power each of us has by asking: 'What do you do? Where do you go to school? Who's your husband?…It's like trying to find out…if they're a threat to us or if we can get away with abusing or exploiting them.'"  When we first meet someone, when we introduce ourselves to someone in shul for the first time, part of the exchange of information will usually include an inquiry regarding what "people do". "While this may serve the interests of establishing common interests and mutual acquaintances, it can also be utilized in a judgmental fashion, in order to determine whether I want to pursue this relationship, whether I consider this person "worthy" of my interest and attention. Granted that in a large community and/or organization, it is difficult for any one person to develop and maintain closer relationships with everyone. But should the basis of our decisions with regard to those who qualify as candidates for the investment of time and emotion be based primarily on what one "does"? I have been told directly and indirectly how some members of our community feel intimidated when having to share their interests and professional activities because they feel that they may not "measure up" to the community's "standards". To make a person feel that s/he is not wanted, that s/he is not good enough, is another case of Sinat Chinam, something that poisons our community, making it an unpleasant and unwelcoming place for at least some who wish to make KMS their primary synagogue.

         The commemoration of sadness and mourning during the Three Weeks is not an end in itself. We do this to recognize that we have shortcomings that have had and continue to have serious negative consequences for all of us. Energetically trying to improve ourselves as a whole, and each one of ourselves individually by means of Teshuva and Ma'asim Tovim (good deeds) targeted to mitigate against Sinat Chinam, will go far to make this period not only historically significant, but also spiritually uplifting and productive.


(1) Originally, when this organization was founded, its name was the Coalition for ALTERNATIVES in Jewish Education, reflecting its counterculture orientation.  Sessions at the annual CAJE conference would primarily feature sessions that dealt with afternoon and Sunday formal school settings as well as various forms of informal educational contexts. Particularly with this year's second annual day school conference, which is held in addition to a conference that remains true to its original mandate, CAJE now refers to itself as the Coalition for ADVANCEMENTS in Jewish education, appealing to a wider range of interests and specialties.
(2) ed. Seymour Fox, Israel Scheffler, Daniel Marom, 2003.
(3) Isadore Twersky, ZaTzaL, late Professor of Hebrew Literature and Philosophy at Harvard University; Menachem Brinker, Professor of Philosophy and Literature at Hebrew University; Moshe Greenberg, Professor of Bible emeritus at Hebrew University; Michael Meyer, Professor Jewish History at Hebrew Union College-Jewish Institute of Religion; Michael Rosenak, Professor of Jewish Education emeritus at Hebrew University; Israel Scheffler, Professor of Education and Philosophy emeritus at Harvard University and Director of Philosophy of Education Research Center at Harvard University.
(4) Professor Twersky, among his writings,  has authored the definitive work on RaMBaM's Mishna Tora, Introduction to the Code of Maimonides (Mishneh Torah), Yale University Press, New Haven, 1980). 
(5) Visions of Jewish Education, pp. 50-51.
(6) The period of time between the 17th of Tammuz and the 9th of Av, during which the destructions of the First and Second Temples became progressively more immanent.
(7) The "Set Table"-the Halachic compendium authored by R. Yosef Caro (1488-1575).
(8) Basing himself on the earlier work of R. Yaakov Ba'al HaTurim (d. @ 1340), entitled the "Turim" (the towers, pillars), R. Yosef Caro divided all Jewish law into four categories: Orach Chayim (the way of life-laws of everyday life, e.g., prayer, Shabbat, Yom Tov); Even HaEzer (the stone of strength-laws dealing with relationships between men and women, e.g., marriage, divorce, financial guarantees); Choshen Mishpat (the term for the breast plate worn by the Kohen Gadol in the Beit HaMikdash-laws dealing with monetary matters, e.g., contracts, damages, disposal of found objects); and Yoreh De'ah (teaching knowledge-all other laws, e.g., Kashrut, mourning, family purity, charity, etc.).
(9) RaMA 551:2 states that marriages are not to take place during this period. However R. Yosef Karo in 551:2 states that engagements can take place even during the Nine Days, as long as there is no party associated with them, the theory being that if one does not become engaged, someone else may propose to the intended person, thereby derailing this individual's marriage plans. (The parties could always be held following Tisha B'Av.) Not getting haircuts and not purchasing new clothing are other examples of  mourning practices during this period.
(10)  R. Yosef Caro in 551:1 lists not entering into litigation with a non-Jew during this period, since this time of year has been marked by so much tragedy in Jewish history. One limits the finery that one wears even on Shabbat. In 551:2 the author prohibits planting, building or adding on to already existing structures for reasons other than personal safety.  Other restrictions include consuming meat and wine on days other than Shabbat, laundering clothing and recreational swimming.
(11) In 551:3 R. Yosef Caro mentions some of the practices listed above in fn. 10; however RaMA on 551:3 states that all of these practices begin with Rosh Chodesh Av, rather than the weekdays immediately leading up to Tisha B'Av.
(12) Mishna Berura #20 appears to associate this Halacha with something other than mourning for the destruction of the Temples, when he explains that excessive rejoicing leads one to not perform Mitzvot. (It would appear that the Chassidic perspective would be just the opposite!) He goes on to say that the limitation on rejoicing even applies to a wedding and Purim, something that would appear to contradict the pronouncement of RaMA in 560:3.  Aruch HaShulchan in Orach Chayim, 550:8 suggests that undisciplined levity could lead to sexual impropriety, and it is for this reason that the restriction was formulated, but he too admits that it would appear that this would be as much a problem while the Temple was standing as afterwards, and therefore begs the question why it is included among the means by which the destruction of the Temple is to be commemorated. An additional caveat that Aruch HaShulchan offers is that this prohibition is only when one laughs for an extended period in the company of others.
(13) Even in the more contemporary work of R. Shimon Eider, A Summary of the Halachos of the Three Weeks (Lakewood, NJ, 1978), while the pamphlet is 34 pages long on large format paper, a mere two paragraphs on page 1, essentially containing the same message as that of the Mishna Berura, is all that is devoted to the larger issues at hand.
(14) Since the same result occurred, i.e., the destruction of the Temples.
(15) MiSheBeirach's are made for the sick, for the members of the American and Israeli armies and governments, and for MIA's.
(16) Keil Maleh's are recited when a deceased loved one is being remembered on Shabbat or on Yom Tov. A parallel comment could be made regarding the practice of leaving the synagogue during the recitation of the Yizkor service.
(17) Inadvertently, Gabbaim (those in charge of orchestrating the services) often play into this scenario by reciting the prayers in an undertone and mechanically listing long strings of names. If the purpose of such prayers is to place the power of the Tzibbur (the congregation) behind our supplications, then all have to be able to hear, and considerations of Tircha D'Tzibura (the need for patience and avoiding the imposition of undue hardships on the congregation) have to be factored in so that practice can have maximal spiritual effectiveness.