Sometimes, Tora
Study is not an Option
R. Yaakov Bieler
Parashat Devarim, 5768, Erev Tisha B’Av
The build-up to Tisha B’Av
gradually intensifies.[1]
First, we enter the Three Weeks beginning with the communal Fast on Shiva
Asar B’Tamuz. This period of moderate mourning is followed by the more
intense, sadder period marked by the advent of the Nine Days, beginning with Rosh
Chodesh Av. Then there is the escalation of Shavua SheChal Bo (the
week during which Tisha B’Av takes place). Even the Shabbat prior
to Tisha B’Av, when ordinarily we take such great pains at not giving public
evidence of personal mourning or explicitly worrying about weekday concerns,
becomes permeated with the Tisha B’Av mood: Lecha Dodi is sung to
the tune of Keili Tziyon (the concluding dirge recited on Tisha B’Av
morning); during the Tora reading for Parashat Devarim which
always occurs on Shabbat Chazon, the Shabbat immediately prior to
Tisha B’Av, Devarim 1:12, whose first word is “Eicha”,[2]
is read with the Trop[3]
associated with the book of Eicha;
and the Haftora for Parashat Devarim, which is taken from the
first chapter of Yeshayahu, lending its first word to the manner in
which this Shabbat is referred in Halachic literature,[4]
i.e., “Shabbat Chazon”, also is intoned with this haunting melody
whenever the prophet mentions sin and destruction.[5]
Rather than “sneaking up upon us” Tisha B’Av seems to inexorably
approach until it finally encompasses us all about.
One of the few verses in Parashat
Devarim’s Haftora that is not
read with the Eicha Trop, since, rather
than conveying foreboding and danger, it offers instruction regarding how to either
avoid all of the dire predictions that have been made for the Jewish
future, or to restore what has been lost via our intransigence and sinning,
is verse 17:
Yeshayahu
1:17
1)
Learn to do good, 2) pursue justice, 3) make happy the oppressed, 4) render
judgment on behalf of the orphan, 5) take up the disputes of the widow.
The
latter portions of the verse (phrases 2-5) reflect the prophetic assumption found
in many prophecies throughout TaNaCh, that certain elements of even Jewish society,[6]
specifically the poor and the weak, are often treated poorly ; consequently, if
the moral and ethical standards of a community are to be improved in order to
win favor in God’s Eyes, it is appropriate that the lot of these exploited cohorts be improved, before
attention is paid to the needs of the rich and powerful. In light of such an understanding of the
verse, the first phrase (1), “Learn to do good”, could be viewed as the
overarching value under which the succeeding elements of the verse are
subsumed, i.e., doing good entails: 2) pursuing justice, 3) lifting the spirits
of the depressed, and 4)+5) guaranteeing fair treatment for the downtrodden.
However, even if we accept the idea
that it is important “to learn to do good”, we are not told how one
comes to be sensitized and educated in these matters. Particularly if the community
in question has become as corrupt as the prophet suggests, there probably are
not a great number of role models whose examples can be emulated[7]
or governmental policies that can be either expanded or reproduced.[8]
It is possible that when “goodness”, is not readily observable in one’s
environment, what is referred to at the beginning of 1:17 is “book learning” in
general, and Tora learning in particular. Chofetz Chayim, in his
book on the spiritual significance of carefully avoiding engaging in Lashon
HaRa,[9]
cites the following passage from the Talmud:
Archin 15b
R.
Chama bar Chanina said: What is the remedy for the slanderer? If
he be a scholar,[10]
let him engage in the Tora, as it is said, (Mishlei
15:4) “The healing of the tongue is the tree of life,” and “tongue” here
means the evil tongue, as it is said, (Yirmiyahu 9:7)
“Their tongue is a sharpened arrow…”; and “tree of life” means the Tora,
as it is said, (Mishlei 3:18) “She is a tree of life to
them that hold onto her.”[11]
In this
sense, Tora study is viewed as having the potential to not only wean a
person away from LaShon HaRa in particular, but, by extension, all sorts
of other negative character traits and behaviors as well. This is how I have
always understood one of the central foundation principles of Halacha as
articulated by RaMBaM:
RaMBaM,
Mishneh Tora, Hilchot Temura
4:13
…And
most of the laws of the Tora are nothing other than powerful advice to
repair/improve character traits and to straighten all actions…[12]
It stands
to reason that if carefully adhering to the laws of the Tora is intended
to have such a beneficial effect upon a person, the study of these laws will
only add to the individual’s depth of understanding and appreciation of the
tenets and Commandments of his religion. And when such study is sufficiently
wide-spread throughout the Jewish community, there is hope that Jewish
society’s spiritual and ethical levels will be continually refined. Thinking
about Tora study in this manner sheds important light upon the directive
that HaShem Gives to Yehoshua prior to the latter’s leading the
Jews in capturing Yericho:
Yehoshua
1:8
This
book of the Tora should not depart from your mouth, and you should
occupy yourself with it day and night, in order that you observe to act in
accordance with all that is written in it, because then you will succeed in your
ways and then you will come to understanding.
Tora study therefore is seen as an
important component for the heightening of moral and ethical sensitivity to the point where the world will very much
increasingly approach HaShem’s original goals when He Undertook the
Creation and Said that everything was “very good”.[13]
In light of the important role that Tora
study can be understood to play in developing the moral and spiritual
character of the adherents of Judaism, it is striking to note that on two days
each year, such study is either completely precluded or severely restricted for
at least parts of the Jewish people. What rationales are given to explain these
restrictions placed upon an obvious and vital cornerstone of Jewish living? One such day when Tora study is prohibited
among some Jewish communities is Christmas eve, known in Halachic
literature as “Nitel”[14]
or “Nitelnacht”. A commentator on Jewish customs accounts for this
specifically Ashkenazic[15]
practice as follows:
R.
Y. Sperling, Ta’amei HaMinhagim U’Mekorai HaDinim, p. 500.
The
reason why some do not engage in Tora study on the night of “Nitel”
is because in an earlier period, the persecutors of the Jews would lie in wait
for them and attack them on that night wherever they would find them outside or
in the street and inflict upon them merciless beatings, sometimes resulting in
death. The masses thought that such a practice was a religiously virtuous act.
Therefore the Rabbinic leadership decreed upon the teachers and students as
well as the Yeshiva students that they sit alone in their homes on this
night and that they not go outside.
Others
have explained the custom as reflecting an attempt by Jews to despiritualize
the day as a response to the manner in which it is commemorated by the
Christian majority. Consequently, with
regard to this first example, either
because of practical considerations of Pikuach Nefesh (saving lives) or
the inherent symbolism (as opposed to any specific cognitive content) of Tora study and its role of
conferring to an occasion Jewish religious significance—e.g., the addition of a
Dvar Tora or Tora invocation to events which otherwise might be
devoid of religious meaning—was viewed as having greater importance than
aspiring to the ideal articulated in the book of Yehoshua of constant
and regular study.
The second instance of restricted Tora
study occurs on Tisha B’Av. In contrast to an Ashkenazic custom dating
from the medieval period, this restriction stems from a pronouncement in the Talmud
that is subsequently incorporated in Halachic codes and applies to all
Jewish communities.
Ta’anit 30a
The
Rabbis taught: All Mitzvot that apply to the mourner, apply (to
everyone) on Tisha B’Av.
While one
can understand why an individual who has suffered the loss of a close relative
has to focus on what has happened, and not be distracted by study of even the
Tora, it is more difficult to comprehend this restriction on Tisha B’Av.
Particularly in light of the Talmud’s contention in Yoma
9b that the Second Temple was destroyed because of Sinat Chinam
(needless hatred), anything that can help alleviate social and spiritual
problems within the society should be encouraged rather than precluded![16]
The Talmud goes on to state
that the reason why most forms of Tora study is incongruous with
mourning is reflected in a verse from Psalms:
Tehillim 19:9
The
Commandments of HaShem are just, they cause the heart to rejoice; the
Commandments of HaShem are clear, they brighten the eyes.[17]
Just as
in the case of the custom associated with “Nitel”, it is not the Tora
per se that is off-limits, but rather ancillary aspects of Tora study,
i.e., the danger to which such study might expose its practitioners, or the
spiritual significance it might convey regarding the celebrations taking place
among those practicing other religions, so too with regard to Tisha B’Av,
it appears to be the general emotional state that is elicited while one is
studying Tora, rather than the content of what is studied, that is
viewed as inappropriate during this day of national mourning for the
destructions of the First and Second Temples. And the Halacha is
consistent with such a rationale when the Talmud notes that certain
parts of Tora can be studied on Tisha B’Av, since the
terrible nature of the subject matter will more than mitigate any joy that
otherwise might be experienced via the act of study:
Ta’anit 30a
…And
it is prohibited to “read” Tora, Prophets and Writings (the elements in
the Written Tradition) and to “study” Mishna, Talmud, Midrash,
Laws and Aggadot (manifestations of the Oral Tradition).
But
one may “read” Kinot (the Rabbinic reference to the book of Eicha),
Iyov, and the terrible things in Yirmiyahu.[18]
[19]
While Mussar and Tochecha could
be indirectly implied by these texts that describe what has befallen the Jewish
people as a result of their non-compliance with God’s Directives, i.e., if this
has happened because of our transgressions, then we must repent and improve to
assure that these horrors are not
repeated, I would suspect that in most cases, the student studying the permitted texts on Tisha
B’Av will simply dwell upon the depressing tableaus rather than deriving
personal lessons from what has taken place.
In
addition to the Talmud’s undisputed exception with respect to the
subject matter that is studied on Tisha B’Av, a second possible
exemption is debated by the Tannaim:
Ibid.
(Tanna
Kamma, R. Meir) But he can “read” subject matter that he is not accustomed
to read, and “learn” subject matter that he is not accustomed to “learn”.
R.
Yehuda says: He can’t even “read” subject matter that he is not accustomed to
read, and he can’t “learn” subject matter that he is not accustomed to “learn.”
In other
words, R. Meir believes that even material that is in and of itself not sad,
mournful and depressing, as long as one is unfamiliar with it and the texts
require struggle to understand and decode it, since a significant amount of
frustration and uncertainty is inevitably going to result from such an
experience, such activity is very much in the mournful spirit of Tisha B’Av.
Failing to understand a Sugya in the Talmud or a passage in TaNaCh
generates the same existential feelings of helplessness and inadequacy that the
physical destruction of one’s surroundings and subsequent exile engenders and
in this manner the student vicariously experiences the travails of the Jews
during the Churban (destruction). R. Yehuda’s contrary view suggests
that Tora study is process- rather than product- oriented. Consequently,
even if at the end of the day one does not understand what he has studied, the
joy and excitement generated by the attempt to decipher and comprehend the
material is exhilarating and therefore not in the spirit of the day. While R. Meir’s argument is not ultimately
accepted, at least his approach allows for the study of moral and ethical texts
that according to our original premise would carry with it the potential for
substantive change in our religious and ethical deportment. Perhaps the Halacha
ultimately assumes that if an individual truly comprehends the nature of the
disaster that has befallen the Jewish people and continues to bedevil them to
this day, unless the subject matter adds to the sense of loss and dismay, Tora
study is counter-productive and serves only to divert our attention from our
miserable situation, identical to the stance of the mourner for a personal
loss.
An article appeared in Yediot
Achronot on August 8th, entitled “Tisha B’Av:
Hidabrut BaMakom Limud Tora” (Exchange of views in place of Tora
study). It describes the eighth year of
a program entitled “HaLayla Lo Lomdim Tora” (tonight Tora is not
studied). In six locations throughout
[1] See Shulchan Aruch, Orech Chayim 551-2.
[2] the same word that gives Yirmiyahu’s Lamentations read on Tisha B’Av evening its Hebrew name,
[3] The cantillation of the various books of TaNaCh.
[4] “Chazon Yeshayahu ben Amotz Asher Chaza Al Yehuda VeYerushalayim Bimai Uziahu, Yotam, Achaz, Yechekiyahu, Malchei Yehuda.”
[5] Verses that describe reconciliation or means by which Teshuva can be effected, are read with the regular Haftora cantillation. This follows the pattern employed for the Tora reading in Parashat BeChukotai, one of the Parashiot containing the Tochecha (God’s stern Rebuke of the Jewish people.) However, in the case of the Tora reading itself, instead of changing the Trop, the custom is to read those verses describing the horrible punishments that are in store for those not fulfilling theTora’s Mitzvot, in a low voice, reading the words quickly. The normal style of reading is resumed for any verses that describe positive rather than negative aspects of our relationship with HaShem.
[6] One
would like to think that
[7] One Rabbinic commentator asserts that Avraham’s proposal that were there 10 righteous people to be found in Sodom and Amora, the cities ought to be saved, was with the understanding that this critical mass of righteous individuals would live within the heart of the society and attempt to change it. Otherwise, why should the corruption be preserved just because of the mere existence of a group of Tzaddikim who separate themselves from everyone else?
[8] In an
earlier verse of the Haftora, Yeshayahu 1:10 refers to the
leaders of the Jewish society which he is addressing as “Ketzinai Sodom”,
(the officers of
[9] Chafetz Chayim subsequently devotes an entire section (Shmirat HaLashon, Sha’ar Gimel) to the importance of Tora learning in order to accomplish improve moral conduct.
[10] The Talmud, by inserting the conditional clause, “If he is a scholar…” acknowledges that not all individuals will be open to changing their behavior based upon what they study in a text. By implication, the true scholar not only is knowledgable, but will act upon what he knows as soon as he has studied something with which he was not previously familiar. In the event that there are areas of behavior that for some reason such an individual has overlooked in his studies, study of these topics holds out the promise for change not only vis-ŕ-vis the person himself, but also for those with whom he comes in contact.
[11] The antecedents of the pronoun in this verse being Mishlei 3:13, “Chachma” (wisdom) and “Tevuna” (understanding), terms equated with Tora, the source of all wisdom and understanding.
[12] I would contend that not all Tora study will have such results. Consequently, careful choice of what to study should be undertaken. See my “Vision of Modern Orthodox Education” at http://my.mli.org.il/visions/articles/Newsletter/open/Bieler.pdf fn. 31.
[13] Beraishit 1:31.
[14] One theory is that the name is derived from the Latin “Natalis”.
[15] Otzar Minhagei Chasidim—Darchei Yoel (quoted in Daniel Sperber’s Minhagei Yisrael,Vol. 3, p. 95, fn. 68*) notes that Sepharadim do not engage in this custom at all. (In Moslem countries, Christmas eve was not widely celebrated.)
[16] It in notable that the same Talmudic source says that Sinat Chinam was present, despite the fact that “SheHayu Oskim BaTora U’Mitzvot U’Gemilut Chasadim” (that they were engaged in Tora study, performance of Commandments and acts of kindness), suggesting that Tora study might not be the antidote to various types of social malaise. I would contend that Tora study could focus on aesoteric subjects that the student does not see as being immediately relevant to his personal life, as opposed to topics that very much concentrate upon Midot (personal characteristics) and Mussar (ethical behavior). Consequently, generic Tora study will not necessarily result in significant changes in deportment and religious sensitivity; the Tora study which has the potential to cause repentance and changes in attitude regarding how to relate to others might be very specific and focused.
[17] The Talmud attributes to King David a parallel sentiment in another verse from Psalms:
Sota 35a
Rava interpreted: Why was
David punished? (This is a reference to the tragic incident where Uza dies
during the transporting of the
[18] Just as in the case of Parashat Bechukotai, VaYikra 26, where only those verses that deal with punishment and destruction are read quickly and in a low voice, as well as the Haftora of Shabbat Chazon, Yeshayahu 1, where only selected verses are read with the Trop of Eicha, so too only certain parts of the book of Yirmiyahu are permitted since they are in keeping with the mood of mourning that should pervade Tisha B’Av.
[19] Aruch HaShulchan, Orech Chayim 553:5 views the three books that the Talmud explicitly mentions, i.e., Eicha, Iyov and portions of Yirmiyahu, as examples of permitted material rather than an exclusive list. Consequently he adds that it would also be acceptable to study discussions in the other Prophets of calamities that will befall the Jewish people, Midrash Eicha, the laws of mourning in the chapter “Eilu Megalchim” (Moed Katan, Chapt.3) and commentaries on Eicha and Iyov. R. Soloveitchik (He is Righteous in All of His Ways, ed. R. J. Schachter, Torat HaRav Foundation) has explained that it is specifically by learning in depth that the full horror of the events can be appreciated. Consequently, his custom was to extensively study and discuss the Kinot throughout Tisha B’Av.