August 21st: Ki Tezei
THIS WEEK IN THE TORAH
Rabbi David E. Ostrich
This week’s portion gives a variety of rules—some of them harsh—and then often accommodations or exceptions. When real-life situations are difficult or complex, Halachah often shows flexibility—and this has been the case throughout our history: in the Bible, the Talmud, and subsequent Rabbinic literature.
What happens is that Halachah may encounter internal challenges—goals or principles that come in conflict with each other. Justice is important, but so is compassion. Following the rules is important, but sometimes the rules do not seem to be adequately understanding of life’s complexities. The challenge throughout our history has been to weigh our priorities and decide which takes precedence. A case in point faces us now as we prepare for our High Holy Days and a Rosh Hashanah that falls on Shabbat. If Shabbat prohibitions interfere with any of Rosh Hashanah’s rituals, which should prevail? Does the importance of Rosh Hashanah docheh/override the prohibition of “work” on Shabbat, or does the pre-eminence of Shabbat docheh Rosh Hashanah?
As it turns out, there are two main conflicts: (1) the blowing of the Shofar, and (2) the recitation of Avinu Malkaynu. Tradition sees both posing conflicts with Shabbat prohibitions and should therefore be deferred until Rosh Hashanah’s Second Day (Sunday). Of course, this advice assumes that all Jews will be present for worship on the Second Day.
(1) Avinu Malkaynu is seen as a series of supplications, and the concern is that they constitute legal requests to God, a form of legal “work” not allowed on Shabbat. Thus is Avinu Malkaynu omitted in traditional First Day services and only recited on Rosh Hashanah’s Second Day (Sunday).
(2) The reasoning on the Shofar is less direct because there is no prohibition against blowing or sounding the Shofar on Shabbat. Neither is considered “work.” However, the concern is that the Shofar blower may forget to bring his instrument to the synagogue before Shabbat and then need to carry it on Shabbat. Since carrying is one of the thirty-nine categories of work prohibited on Shabbat, Tradition defers the Shofar service from Rosh Hashanah’s First Day (Shabbat) to its Second (Sunday).
We can argue about both judgments, but more important is the assumption about everyone attending the Second Day Service. In Tradition’s mind, deferring these rituals to the Second Day does not prohibit them. However, in our modern world, most Jews do not attend Second Day Services, and this means that omitting Shofar and Avinu Malkaynu on Shabbat means prohibiting these mitzvot completely.
Now to the arguments themselves. Though it is often taught that one should not ask God for things on Shabbat, the fact is that the traditional Shabbat service is full of requests. The same can be said for the traditional service for Rosh Hashanah Shabbat. Even without Avinu Malkaynu, many, many prayers involve supplication. Why would Avinu Malkaynu be singled out (for omission)? Perhaps it is because the prayer’s imagery calls to mind a courtroom in which we appear before God and plead for our lives—something close enough to a legal proceeding that medieval authorities considered it a Safek (doubtful case) and decided to err on the side of caution. While the Safek was strong enough in a world where everyone worshipped on the Second Day, I do not believe that it is strong enough in our very different world. For us, deferring Avinu Malkaynu on the First Day effectively means omitting it entirely, and thus I believe that we need to recalibrate the weight of the Safek and make a different decision.
As for the Shofar, let us remember that the problem is not about sounding the Shofar but about potentially carrying it to synagogue. And, since carrying is not a prohibitions most Jews observe, the concern becomes irrelevant. While our Orthodox relatives and friends observe strict rules about not carrying—or only doing so within an Eruv, the vast majority of Reform, Reconstructionist, and Conservative Jews have a different kind of Shabbat observance. Most of us drive to synagogue and carry keys, wallets, purses, tallitot (tallesim), and all the accoutrement of modern life. Therefore, if the traditional prohibition of carrying on Shabbat is not an issue for us, why would we let it interfere with something as important as sounding and listening to the Shofar? We need to hear the Shofar on Rosh Hashanah, and thus it stands to reason that it should be sounded and heard even when Rosh Hashanah coincides with Shabbat.
Rosh Hashanah is our time to appear before the One of the Universe, to repent, and to draw closer to holiness. Both sounding the Shofar and reciting Avinu Malkaynu are important rites in our spiritual process, and, given Tradition’s decisions and the new and different world in which we live, some recalculation seems appropriate. When we strive for holiness—for piety and Teshuvah, we need the access to the Eternal One that both of these rituals assist. They need to be included whichever day Rosh Hashanah comes.
