SAMPLE CHAPTER
Introduction:
The Mishna tell us, ”In a place where there is no man, strive to be a man.”1 I feel that this statement of Hillel the Elder most succinctly states why a youth such as myself writes a Halakhic work like this. There are thousands of Jews and Jewesses who have returned to Torah with a background in New Age and Eastern Cultures, there are even more who are interested in the relationship between these spiritual cultures and Torah. Some of the Halakhic questions that I address here have been addressed in private. The function of this work in part, is to address them in a manner that both, makes answers available to the public and that further allows the interested student or rabbi to easily interact with the numerous Halakhic sources that pertain to the issue at hand.
There are many Jews and Jewesses today who are interested in an integration of Torah with elements of other spiritual cultures. Integrations, if of a true character within Torah require deep Halakhic/Talmudic scholarship and integrity. The same can be said for reclaiming lost practices. There is, after all has been said, something within the Jewish soul that yearns for understanding and respecting the connection between the present and the past. Thus, this work intends itself as a model for those aspiring to Jewish renewal within a Halakhic context.
Given that, this work at times serves as a Halakhic act of reconstruction. This reconstruction is of elements of Torah that have fallen into disuse or neglect. Let it be clear though, that there is no a priori agenda to permit or forbid any practice analyzed here. The methodology and style is one of the classical Halakhic responsa literature. A question is first analyzed to determine what Halakhic issues are of concern. These are then traced through the Torah, Talmud, Rishonim and Poskim. I also, where relevant, include a Kabbalistic perspective.
I have consulted on various Halakhic issues with my teachers but the responsibility for all decisions and any possible errors are solely mine.
I pray that we merit to continue this study in a renewed world purged of the evil that so burdens it.
May a redeemer come to Zion,
Zecharyah Tzvi Goldman
8th of Adar I 5763
Unethical Teachers:
Is it permitted by Halakha to study from an unethical teacher?
Today, due to our many sins, we have a plague of “rabbi’s” that despite their sincerity have managed to fall prey to the basest of evil inclinations despite much pretension to holiness and wisdom. The ethical perversions they have succumbed to range from the sexual to the financial and from the cultivation of a personality cult to distorting the teachings of Torah to quasi justify their fallen path and at times pseudo messianic claims. This disease can be significantly understood as a result of an overemphasis in the legalistic or abstract spiritual dimensions of Rabbinic, Kabbalistic and or Chassidic training that these outreach prone individuals acquired for their Rabbinic title or Kabbalistic/Chassidic prowess. This training, to the predominant exclusion of an intensive focus on either Mussar or psychotherapeutic styles of personality transformation has not been very helpful for many of their students or their own families. Society has not helped matters with its contagious permissive culture and accompanying spiritual denseness. Nor has the lack of spiritual authority so prevalent today and the legitimate perception of crisis these teachers respond to helped keep these people to a resemblance of balance.
How is a sincere and intelligent Jewish spiritual seeker committed to Halakha to relate to these teachers? Let us examine what classical Torah sources state on this phenomenon:
The Shulchan Aruch in Yoreh Deah 246:8 states ”The rabbi who does not go in a good way even though that he is great scholar and the whole nation needs him we do not learn from him until he returns to the good.”
The Rambam in Hilchot Talmud Torah1 states the same ruling.
These two authoritative rulings are based, as the Siftie Cohen and Lechem Mishna instruct us on a passage in the Talmud Bavli Mesechet Moed Katan page 17a. There we read:
“There was once a certain young scholar whose reputation was hateful. Rav Yehudah said to his colleagues: How shall we act in this manner? Is it appropriate to excommunicate him? That is not desirable since the Rabbi’s need him. On the other hand not to excommunicate him however would cause the Name of Heaven to be desecrated. Rav Yehudah then said to Rabbah Bar Bar Chanah did you hear anything about this type of dilemma from your teachers? Rabbah Bar Bar Chanah said to Rav Yehudah in reply. Thus said Rabbi Yochanan: What is the meaning of that which is written in scripture (Malachi 2:7), ”For the lips of the Kohen should safeguard knowledge and [people] should seek teaching from his mouth for he is like an angel of the God of Hosts?” It means that if the teacher resembles an angel of God [people] may seek Torah instruction from his mouth, but if not, they may not seek Torah from his mouth. Rav Yehudah excommunicated the young scholar in question.”
It is clear that with this particular scholar in question the issue was adultery or other sexual impropriety.2 Nevertheless, it should be clear that the precedent of this case is not limited to these particular sexual violation(s). This is born out as the astute Rambam and Shulchan Aruch cited above make no such pre-conditions in their rulings. Thus we must presume that the full gamut of ethical imperatives including financial ethics would apply.
Likewise in a contemporary ruling Harav Hagaon Moshe Feinstien Z’TVKL3 applies this Talmudic precedent even if in the subject they are teaching they will teach the Torah with accuracy.
Moreover, it is relevant to our inquiry to explain that according to our humble and sainted teacher Rashi the “Desecration of Heaven” that would occur would be, if persons who were aware of his sins sat and learned Torah from him anyway. This would be making a statement that some of God’s or the holy Rabbi’s laws are not important in their eyes. For if they were important how could one bring oneself emotionally to study from such a person? And how would others interpret this behavior even if one does disdain his or her sins?
Bear in mind that the young scholar in question was considered the teacher of the Rabbi’s” in his town and the rabbinical students. The person in question in other words had much Torah to offer. One might question does not the Gemara tell us, ”The Torah was not given to ministering angels.”4 The answer is that, yes, that is correct and Halakha does not demand that one’s teacher be an angel in the sense of the otherworldly purity that pertains there. However, Halakha does demand that one’s teachers have an ethical and intellectual integrity within a Traditional Halakhic context and we compare that metaphorically to the purity of angel.
It would suffice to stop here except some might still query: is it not true that the Talmud Bavli records5 that Rabbi Meir learned Torah from the heretic “Acher” earlier known as Elisha ben Abuyah? I will answer this worthy query for it is one that has been asked before by none other than Rabbi Shabtai Cohen himself.6
Let us examine the passage of Gemara in Chagigah 15b more closely herein will lie our answer.
“And Rabbi Meir how did he learn Torah from the mouth of Acher? For does not Rabbah Bar Bar Chanah say that Rabbi Yochanan says, ”What is the meaning of that which is written in scripture (Malachi 2:7), ’For the lips of the Kohen should safeguard knowledge and [people] should seek teaching from his mouth for he is like an angel of the God of Hosts?’ It means that if the teacher resembles an angel of God [people] may seek Torah instruction from his mouth, but if not, they may not seek Torah from his mouth. Reish Lakish said Rabbi Meir found a verse and interpreted it. The verse states, (Mishlie 22:17) ”Incline your ear to hear the words of the [wicked but] wise and concentrate your heart on knowing me [God].” Knowing them [the wicked but wise] it does not say rather knowing me [God]. Rabbi Chanina says [Rabbi Meir learned] from here (Tehillim 45:11),” Hear, O daughter, and see, and incline your ear; forget your [wicked] people and your [wicked] fathers house.” These scriptures [the one quoted by Rabbi Yochanan above requiring angelic like behavior and these two below it here attributed to Rabbi Meir allowing one to learn from wicked people] present a contradiction! [Which is itpermitted or forbidden?] No contradiction! Here [the verses attributed to Rabbi Meir are in reference to] a great person [of learning and piety] Here [the verse quoted by Rabbi Yochanan requiring an angelic like quality to one’s teacher as explained above refer to a] a small person [in learning and piety].
Let us examine a bit what the Talmudic tradition records of Rabbi Meir and see if there is anyone considering studying from such an inappropriate teacher along the lines of an Acher or an unethical rabbi or scholar as mentioned in the former text, whom would be considered a “Great” person today. This again, being the status required by our Sages to learn from such a teacher.
In Eruvin 13b we are told that Rabbi Meir was called Rabbi Meir (the illuminator) as opposed to his real name [differing opinions] because, ”He enlightened the eyes of the Sages in Halakha.”
In Meggilah 18b we find that he was once someplace where there were no books, so he wrote the entire Scroll of Esther from memory.
In Sanhedrin 14a we find that he received Rabbinic ordination from Rav Yehudah ben Bava of whom it is said, “All his actions were for the sake of heaven.”7
In Eruvin 13b we find that Rabbi Yehudah Hanasi said that he merited his sharp mind because he saw the back of Rabbi Meir [from where he was seated in the Bet Midrash] in his studies. Here we further find the testimony ”that there was no one like Rabbi Meir in his generation.”
I think it is a fair judgment to say that people who are inclined to learn from such teachers do not approximate in any way, shape or form the status of Rabbi Meir. Sadly, they are often devoid of the most elementary Jewish day school or high school education, let alone a traditional rabbinic education of even today’s modest standard. Our sainted and humble teacher Rashi informs us that the issue of your average person learning from someone akin to an Acher or an unethical Scholar/Rabbi is that they will learn from their evil models.8 Unlike Rabbi Meir they will not be able to, ”eat the inside [of a pomegranate] and throw away its shell.”9 We live in a difficult time, worthy teachers of Torah and particularly Kabbalah are few and far between. I pray that the reader become a worthy student and find worthy teachers.
Zecharyah Tzvi Goldman
