By Rabbi Daniel Green,
Crown Heights resident
23rd of Sivan, 5780
Last week, I wrote a dissertation in response to a most painful and bewildering letter issued by the Beis Din of Crown Heights, dated Sivan 10 (June 2, 2020), in which the said entity made its case to render guests coming to this community from abroad a Halachically questionable activity, and hence, requested any and all people considering the trip to cease and desist. Since the Beis Din graciously provided Halachic sources therein, a greatly appreciated gesture on its behalf which it hadn’t done thus far in any of its other perplexing coronavirus-related rulings, I took the time to thoroughly examine the sources, and to appreciate the logic behind them.
Appalled and dismayed from the implications of the said sources, I felt it a moral obligation to share them with the public - so that Torah scholars, here and abroad, many of whom not proficient in the English language, be able to research the matter for themselves, since, sadly, radical and grossly incorrect expressions of rabbinic authority have tragically befallen our community, and I had no choice but to respond decisively and scholarly.
Over the past few days, I’ve had numerous requests to translate my dissertation. Since it is somewhat detailed and lengthy, I will hereby attempt to give a synopsis of the aforementioned sources, as well as my refutation thereof, including some new thoughts (ein medrash b’lo chidush) for the benefit of the English readership of Crown Heights (click here - https://rabbidanielgreen.blogspot.com/2020/06/blog-post_11.html - for the original dissertation in full).
As we approach Gimmel Tammuz, at a time wherein all medical experts as well as all government agencies currently permit plane travel, it would seem obvious that visiting the Rebbe’s shul and daled amos are essential for every Chabad Chassid. Sadly, however, some doctors, not necessarily the biggest medical experts, feel they have the right to dictate policy in the Rebbe’s shechuna, as “Chabad doctors.” The fourteen individuals, including several hatzalah workers, have requested that guests not come to Crown Heights this year, neither for Gimmel Tammuz nor for Tishrei of 5781.
Whereas the government has placed no ban on a pilgrimage to the Rebbe for the holy day, nor for the holy month of Tishrei, it follows that these doctors acted on their own accord. The Beis Din of Crown Heights as well, in light of these Chabad physicians’ orders, requested that no out-of-town Chassidim come to the neighborhood for simchas, Gimmel Tammuz, or Tishrei.
In an attempt to make this a Halachic issue, the Beis Din stated that by visiting the neighborhood, a guest would be creating a grama b’nizikin, an indirect causation of harm, by potentially increasing covid 19 cases in our midst. In smaller print, it brings several sources that express the extreme caution one must take to avoid even the slightest risk of endangerment to lives.
The risk of a guest becoming infected or infecting others with the virus, according to the Beis Din’s letter, is minimal, and can be considered a s’fek s’feika, a “doubt of a doubt,” in which case one would generally be lenient when it comes to most types of Torah prohibitions, with one exception: matters of physical danger. Or maybe not.
The two possibilities depend upon the general reason a s’fek s’feika, when applied to all prohibitions, should be permissible:
Is the s’fek s’feika allowance because (1) it is considered a chazaka, a halachic assumption as grounds to render a questionable situation prohibition-free, or (2) is it considered a roiv, a practical, quantitative majority - i.e. the majority of possibilities being entirely permissible - demoting the probability of prohibition to improbable?
If the permissive nature of the s’fek s’feika is a halachic assumption, then it would not be strong enough to reduce the caution that needs to be applied to a life-threatening danger.
If however the s’fek s’feika is permissible because it is likened to a majority, and an overwhelming majority at that, then it can be applied to any situation, even one of life-threatening danger, and can demote the possibility of risk to improbable, and thus, irrelevant.
The Beis Din brought proofs from exegeses of the Pri Megadim to support option one, that the rationale to be lenient does not stack up against even the remote possibility of physical danger.
Thereafter, in lieu of a seeming contradiction and uncertainty on the Pri Megadim’s behalf in subsequent commentary, as to which of the two options is in fact correct, the Beis Din referenced a teshuva of Rabbi Shneur Zalman Fradkin, in his magnum opus Shu”t “Toras Chesed,” who brings proofs to support option two, but suggests that when it’s easy to avoid being lenient in a doubly doubtful chance of danger, one should do so.
Based on this premise, the Beis Din deduced that in the case of travelling to Crown Heights for Gimmel Tammuz, a s’fek s’feika, a doubly doubtful and very remote possibility of danger, and one might assume that he or she can be lenient and disregard the said remote possibility - nonetheless, since it’s easy to avoid the s’fek s’feika altogether by not travelling, that would be the right thing to do.
I protest this position in the strongest of terms.
For a G-d fearing individual, especially one who adheres to the Lubavitcher Rebbe’s teachings, observing Gimmel Tammuz is not “easily avoidable.” Travelling to one’s Rebbe is not superfluous or intrinsically valueless, like all the cases to which the Pri Megadim applies option one, rendering the s’fek s’feika leniency powerless in the face of even remotely possible physical danger. Coming to the Rebbe’s daled amos is not a matter of choice, and does not depend upon convenience. It is a matter of dire essence to every Chassid. Far more essential than protesting police violence or racial injustice in Manhattan or on Eastern Parkway, this mitzva cannot be easily discarded by members of our creed.
This practice, in fact, is one that a remote possibility of danger does not override, as the gemara states: “Shluchei mitzva einam nizokim,” those involved with performing mitzvos are not at risk of being harmed!
The above is applied in practical halacha as well, and is universally accepted. The only exception to the rule is when a peril is tangible and forthcoming - sh’chiach hezeika or k’via hezeika. A s’fek s’feika, as the Beis Din described our present situation, would not fall under these categories.
This, then, is the deeper explanation behind our state government’s perplexing health policy at the moment. Matters of essential need are permissible under its mandate, whereas superfluous and non-essential items are restricted. Why, one might ask, does an activity’s description as essential or non-essential have any effect on the risk it presents to one’s well being?
But alas, the distinction may emanate from this very Talmudic concept. Matters of essence are not overridden by a possibly doubtful danger, only by extreme and acute, actual danger. Why? Because we believe in a Creator, Who creates us, knows us, and knows our essential needs - and takes responsibility for our existence. We live our lives in accordance with His will, and we trust that He continue to give us life and protect us from harm’s way.
We do not fear remotely possible harm when carrying out our essential needs, because we are human, and need to live, and need to trust that G-d will protect us. Alternatively, in reference to non-essentials, we show prudence in the wake of potential danger, even when a slight or doubtful risk presents itself.
Essential to Jewish life is not only making pilgrimage to the Holy Temple (when it stood in Jerusalem), or to a revered spiritual leader, a rebbe, rosh yeshiva, or reish galusa, but to all mitzvos, including praying in a quorum of men, and to the Biblical adage, b’rov am hadras melech, that when it comes to honoring G-d, the more people congregating the more honor is bequeathed the King. For example - the mitzva of praying in a synagogue as opposed to making a minyan in one’s own home (or on one’s porch), as the Magen Avrohom writes in Orach Chayim siman 90 - the King’s glory is increased in numbers, and one must pray in the shul!
Regarding such essential activities, shluchei mitzva, one need not be afraid of remote possibilities of danger, “einam nizokin” - only tangible and frequently relevant calamitous situations.
Especially when the remote possibilities are non-existent, and only based on percentages and chances that do not constitute a Torah-recognized danger by any means. For example, a possible scorpion lurking in the rubble does not necessarily override the “shomer mitzva” factor (“The one who keeps a mitzva” - in this case, checking for chameitz - “will not know of harm,” Koheles 8:5), since any possible scorpion’s presence in and of itself is unknown. (As opposed to the threat of vexing the non-Jewish next door neighbor, whose presence is in certainty, but whose vexation is in question.)
A possible new breakout, G-d forbid, of covid 19, is purely speculative, but non-existent! It cannot be used to dissuade Jews from observing mitzvos, or else we will effectively be ending Judaism, since such speculation will never cease!
This, then, is the frightening position of the members of Crown Heights’ rabbinical court. As long as even one case of coronavirus exists, they seem to maintain - Jewish essentials like praying in a synagogue, studying in yeshiva, honoring the King in the multitudes, as mentioned, must stop!
And when the coronavirus fear fades away (and it’s fading away rapidly, to the uncanny oblivion of the Beis Din), any other bacterial or viral infection that is somewhat more contagious than the flu, or even just the flu, which kills thousands each year, will have the same devastating effect on our permission to observe!
I must add that the Beis Din’s unreasonable concern for a remote health risk as a deterrent to the performance of essential Jewish observances, as illustrated above, is not about potential risk to the guest, who is most likely not an octogenarian or a diabetic. And the concern is not that the guest will directly cause harm to others, because most of the guests are not harmful people, and would not likely be making the journey with symptoms of illness. It is only for a remotely possible indirect causation of harm to others that the Beis Din is concerned. “Grama binizikin” itself happens to be a controversy amongst our sages, yet another factor that diminishes the severity of the traveller’s “dangerous” violation, albeit a mere s’fek s’feika, of the rabbonim’s public health mandate for Crown Heights.
And the accusation is most troubling.
An unborn fetus, the Talmud relates, who threatens its mother’s life, is considered a rodef, a predator, and should be aborted. Once the fetus’s head emerges, however, it is considered human life, and aborting it would be considered murder. Even if allowing its birth to continue would cost the mother her life, the child’s life cannot be terminated to preserve his mother’s, for he too is a human being and deserves to live. Ein dochin nefesh mip’nei nefesh. The baby is not a rodef, he’s just living.
Likewise, a person who engages in living his life, performing activities essential to life, is not indirectly endangering others! His life matters too, and this life is immeasurable and essential, and cannot be considered a mere statistic, an indirect “predator” to a public health agenda; and for this reason, neither governments, doctors, nor rabbis can prohibit such engagement, save a situation of dire and tangible (meaning clear, present, and definable) danger!
The rabbonim who referred to Chassidim coming to the Rebbe for Gimmel Tammuz or Tishrei a “grama binizkin” are basically delineating that such a pilgrimage is completely non-essential, and can easily be eliminated from Chassidic life - like an unborn fetus, a not-yet human life, that can easily be eliminated if the mother’s life is threatened. This is a gross misrepresentation of Chassidic philosophy, let alone Talmudic theology. Guests coming to Crown Heights is no less important than the entirety of Chassidus Chabad, like the baby who is just as human as his mother.
And the reality is that no one’s life is in danger here. The Beis Din’s restrictive policies, surpassing those of the government as well as its public health experts, fail to realize that not only are the guests coming to Crown Heights, as shluchei mitzva, themselves safeguarded from the remote possibility of harm, but that their coming is essential to our community as well. As hosts, community members, and the community as a whole, perform a most praiseworthy and lofty mitzva, hachnosas or’chim, which surely safeguards them too.
And there is a further “essential business” consideration here as well, for the economy of our neighborhood depends upon the influx of guests Gimmel Tammuz and Tishrei, as well as the kinusim of the shluchim and shluchos. Retail store owners realize much of their revenue from these annual seasons! Immeasurable harm would be inflicted upon these businesses if the rabbonim “get their way,” Heaven forfend. The success of these entrepreneurs directly affects our mosdos, yeshivas, shuls, etc. (Although there’s no sign that any of these are going to be allowed to open anyways).
But most of all, the essential necessity for our communal hachnosas or’chim is not only financial - there is a much deeper concern here: the inherent emotional and spiritual benefit. Having guests from abroad infuses us with spirit and joy, giving us meaning and resolve. It is an inundation of faith and fellowship that boosts our morale and energizes us with the essence of the Chabad philosophy, ahavas Yisroel and achdus Yisroel. Especially at this time, a whopping 26 year (bigimatira sheim Havayeh, midas harachamim) since we haven’t seen the Rebbe - all we really have is each other! We need to band together, with brotherly love, and b’rov am hadras melech! And “each other” means the worldwide body of Chasidus Chabad, from all continents, lands, and languages speakers. We are one unit, and we need to farbreng together, in the Rebbe’s daled amos, without any distancing! We’ve had enough distancing - it’s time for togetherness and unity, to bring the golus to an end!
The Beis Din’s attempt to isolate Crown Heights hurts not only its spiritual well being, but practically, the mental and emotional well being, the physical and life sustenance, of all its inhabitants! Health of the nefesh is no less important than that of the guf! After months of isolation already, sheltering in place, with no schools, playgrounds, etc. - our youth, families, and morale have been damaged inestimably. And now, to add insult to injury, not only has the Beis Din done nothing to address the harm perpetrated against our community by the government’s debilitating policies, and continuing to prohibit schools or summer camps from opening, its restrictive policies of further isolation are only snubbing these vital spiritual needs more profoundly.
The desolation and melancholy that would be experienced due to an empty and vacant shechuna this Gimmel Tammuz can chas visholom weaken its health, whereas the simcha that comes from influx of guests and even the mild disarray associated therewith is something that will uplift the residents and lessen any potential health concerns.
Dear rabbonim:
Realize that the effect of your seemingly innocuous request, but in reality, vicious decree, is to metamorphose the Rebbe’s neighborhood into a ghetto that even other Jews cannot visit, a cordon sanitaire, isolated in the name of an inexplicable ideology that threatens Judaism unrelentingly - keeping all yeshivas, chadorim, overnight camps, closed - indefinitely! Incidentally, for the school year of 2020-2021, yeshivas are still planning to open - but via Zoom! And as of today’s date, without a word of objection from your Beis Din!
And I conclude with an important disclaimer:
My intention is not to attack anyone personally, I attack only the harmful and misguided ideas, and the irreparable damage already done to the neighborhood we so love, and more importantly, the Rebbe so loves.
And even if my heartelf pleas go unanswered G-d forbid, I must enunciate my remonstrance, and for the following reason:
Many years, in fact many generations, ago, there was another community whose dayanim sought to restrict the influx of guests therein. They created a charter, wrote public letters, and surely had many good reasons to stop visitations from out-of-towners.
The town was called Sodom.
True, the Bet Din of Sodom may have been responsible for its anti-hospitality measures, but all inhabitants were held to task. When leaders make a mistake, a mistake fundamentally antithetical to Torah, following them blindly might be an even bigger mistake.
If our rabbis continue on this path, chas vichalila, so be it. Whoever doesn’t agree, however, needs to speak up. Which is what I did with this letter.
Fellow Crown Heightser, if you feel like I do, that something has to be done to show all Chassidim, all Jews for that matter, world wide, that they are welcome here, especially on Gimmel Tammuz and Tishrei, please make your voice heard, and together we can make a difference.
It’s not too late.
May we immediately see an end to the darkness, to the illness, and to the golus, and behold the Rebbe, Melech Hamoshiach, with the true and complete geula, the unification of gantz k’lal Yisroel, and the building of the third Beis Hamikdosh, teikif umiyad mamosh!
No comments:
Post a Comment