A Second Opinion - Rabbi Pinchas Frankel

Shabbat Tazria - Yom Kippur Katan 5760

"Remember for us the Covenant of the Thirteen"

This Shabbat we will read Parshat Tazria. This Parshah and its frequent companion, Parshat  Metzora, both deal with the spiritual disease called "Tzaraat," and the steps towards purification that must be taken by one smitten with the "disease."  Our Sages teach in Masechet Arachin  15b that the primary cause of Tzaraat is "leshon hara," slander, a sin calculated to undermine  the fabric of society, as the slanderer asserts his superiority above all others.  Therefore, its cure  must of necessity "cut him down to size" by first isolating him from the society that he tried to  undermine, the Community of Israel, then compromise his physical appearance by shaving off all his bodily hair, and require of him a sacrifice that includes the lowly bush "hyssop," symbolizing humility.

Last month we celebrated Purim, that unusual holiday described in the Talmud as one in which the Jew is obligated to drink alcoholic beverages to the extent that he cannot distinguish between "Cursed be Haman" and "Blessed be Mordechai."  This obligation to "cloud one's consciousness" or "induce forgetfulness," however it be understood and many explanations have been offered, seems on the surface somewhat unusual in the context of the body of obligations of Judaism, which seem to require focused consciousness at all times!

And on the other hand, Pesach, that great and inspiring holiday that celebrates the Exodus of  the Jewish People from Egypt, and enables us to identify with them as they left the land of their oppressors, accomplishes its goals also by means of food and drink: Matzoh and Marror, the Four Cups of Wine.  Its purpose is to elevate and sharpen our consciousness !

In between Purim and Pesach, on the day before Rosh Chodesh Nisan, falls "Yom Kippur Katan," Yom Kippur "in miniature," with its own customs: fasting and a special Service.

Now let us be clear.  Purim was established by the "Anshei Knesset Hagedolah," at the request of Mordechai and Esther.  Pesach is one of the "Three Regalim," the three Pilgrim Festivals mandated by the Torah.  And Yom Kippur Kattan is only a "Minhag," a custom, and its observance, especially in our times, is rather spotty.

Yet the existence of the Minhag does reflect a specific desire, or intention, on the part of the ones who established it.  On the surface level, one might say that it represented a withdrawal from the physical - from all the food and drink.  But deeper than the issue of food and drink, was and is the desire to have a day dedicated to Repentance and Atonement. 

Obviously, the Torah , which set the basic calendar of the Jewish People, felt that one set of "Yamim Noraim," High Holy Days, were sufficient, and would suffice for the entire year.  But maybe those who set up the Minhag of Yom Kippur Kattan felt that Yom Kippur was too far away, and invented "Yom Kippur Kattan" to assuage that need.

Here at the OU, we observed a special service on Yom Kippur Kattan, dedicated to Repentance and Atonement, but also to offer prayers for the thirteen Jews imprisoned in Iran on false charges of espionage for Israel and the United States.  That charge in Iran, if "proved" (and where the Judge is the same as the Prosecutor, that hardly seems in doubt), the penalty is death.

One of my colleagues at the OU remarked that the expression "Zechor lanu brit shlosh esray," "Remember for us the covenant of the Thirteen," which always refers to the Thirteen Attributes of G-d, has taken on a new meaning this year - the Year of the Thirteen Imprisoned Jews.

A memorandum written by Betty Ehrenberg, Director for the OU of the Department of International and Communal Affairs was read, to add to the level of "hitorerut," involvement.  It apprised us of the most recent developments in Iran and concluded with "May Hashem hear our prayers and bring about the swift return of our brothers to their families."

I would like to translate a small portion of the Service that was held, beginning with parts of "Tehilim"/Psalm 102:

"A Prayer of the afflicted, when he faints, and pours out his troubles before Hashem, 'Hashem, hear my prayer, and let my cry reach You, hide not Your Face  from me in the day of my distress.  Listen to me on the day that I call; hurry to answer me.  For my days are consumed like smoke… You will arise, and have compassion upon Zion, for it is time to be gracious to her, for the appointed time has come.' "

"Tehilim" 8

"…When I behold Your heavens, the work of Your fingers, the moon and the stars, that You have established;  What is man, that You remember him?  And the son of man, that You even notice him?  Yet You have made him only a little lower than the angels, and crowned him with glory and honor …"

A crucial part of any Atonement Service is the "Viduy," the Confession before G-d.  I would like to translate part of the Viduy composed by the RAN, Rabbeinu Nissim of Gerona, who lived in the fourteenth century, which is incorporated into the Yom Kippur Kattan Service.  But first it is necessary to explain briefly three references made by the RAN in his Viduy.

The first is the "Ba BaMachteret," the "Thief who is caught in the Tunnel" leading into the house in the dark of night.  He shows by his actions that he is afraid of man, but not afraid of G-d.  It is also assumed, unless there is specific reason to invalidate the assumption, such as if the thief is the father, and the victim is the son, that the thief has the intention of killing the owner of the house, if he is caught.  Therefore, we say regarding him "He who comes to kill you, kill him first."

The second reference is to the "ben sorrer u'moreh," the child who has gone completely amok.  In fact, one opinion in the Talmud is that the definition of the "ben sorrer u'moreh" requires him to be so evil that it is impossible for the case ever to have arisen.  In any case he is killed by the Jewish Court to prevent the emergence of the Monster he would inevitably become.

The third reference is from the Laws of Claims in the Monetary Realm.  The "Kofer HaKol," denies the charge completely.  He says the loan, for example, never happened.  He is allowed by the Jewish Court to leave without paying a penny (or a Shekel, or whatever), based on the principle of "Hamotzi me-chaveiro alav ha-raayah," meaning that the one who wishes to extract money from his neighbor has to prove his case.  On the other hand, the "Modeh," the one who admits that the loan occurred, has to pay the entire amount.

"Master of the Universe, before I utter a word, let me admit that I have nothing to say, nor am I  so brazen as to raise my head, for since my sins are too numerous to be counted, and the list of  my errors too long to describe, they are a load too heavy for me to bear.  I admit before You, my L-rd, with bowed head, and bent posture, and with crushed pride, weakness of strength, a broken heart and a humble spirit."

"I don't have the words to admit my guilt before You, my sins are too great for me to bear, my errors too long to describe, I am ashamed and embarrassed, as a thief caught in a tunnel."

"How can I approach You, what healing can I request?  I have been like a "ben sorrer u'moreh," a completely rebellious child, like a slave who rebels against his master, as a student who dares dispute his teacher.  That which You declared pure, I have declared impure; that which You declared impure, I declared pure.  That which You permitted, I have prohibited; that which You prohibited, I permitted.  That which You loved, I hated; that which You hated, I loved.  That which You treated lightly, I treated stringently; that which You treated stringently, I treated lightly.  That which You drew near, I pushed away; that which You pushed away, I drew near.  But I didn't mean to make you angry!"

"Master of the Universe, not for myself alone do I pray and admit guilt; for in behalf of myself and in behalf of all Your Congregation who stand before You.  And even though  I am not worthy and lack the merit to confess even for myself, and certainly not for others.  But I rely on Your firm practice to withhold Your anger, and Your Characteristic of "passing over lightly" things which would anger You, and Your custom of having mercy on all Your creatures."

"Master of the Universe, the Custom of Your Righteous Court is not like the practice of earthly courts.  For the characteristic of human beings is that if one makes a monetary demand upon another, if the accusation is completely denied, the accused is freed from having to pay anything.  And if he admits, he is required to pay.  But in Your Righteous Court, it is not so.  Rather, if one denies his guilt, woe to him and woe to his soul; but if he confesses, and changes his ways, You take pity on him."

The names of the thirteen Iranian Jews who are in mortal danger, and for whom we are asked to say Tehilim, preferably Chapters 130, 121, 20, 120, 142, are as follows:

Asher ben Saltana

Naser ben Poran

Farhad ben Hamedam

Ramin ben Minzal

Javid ben Mochtaram

Navid Navir Balazadeh

Nejat Beruchim

Faramarz Kashi

Farzad Kashi

Danni Tefilin

Omid Tefilin

Ramin Neamati

Shahrokh Paknahad

The Torah Obligation "Do not stand idly by your brother's blood" (Vayikra 19:16) would seem to require at least some action by us in their behalf, like contacting our Congress-persons, etc.  If you have any questions, please call 212-613-8124.

In a similar (horrible pun) vein, one might telephone Debbie Jacobson, at 914-354-0379, with regard to the urgent need of platelets donated from people with O+ blood-type for her brother, David Rapp, 35, from Lawrence, New York, who was recently diagnosed with leukemia.

Last week, in Kiddush HaChodesh for Chodesh Nisan, the Month of Redemption, we asked the Master of the Universe to gather our People from all over the World, and help us to become "chaverim," loving friends, with each other.  May this process begin "b'chipazon d'geulah," with the haste of redemption, as we hurriedly help each other prepare for the glorious Holiday of Pesach.

Rabbi Pinchas Frankel

Rabbi Frankel is an Educational Coordinator at the OU