Zevachim 25b ~ Teaching By Humiliation

זבחים כה, ב

 אמר ליה תרדא...

R. Chiya bar Abba said to R. Zeira: "Scatterbrain"

 

As a medical student in London, humiliation came with the territory. There I was, on rounds on General Surgery Firm. At its head, the consultant surgeon.  Followed (in their correct pecking order) by two senior registrars, three or four registrars, several senior house officers and house officers, nurses, physiotherapists, and a couple of medical students.  We gathered around the bed of some poor patient who had recently undergone surgery. The consultant surgeon turned to me: "Mr. Brown" he said, looking at me atop of his professorial reading glasses, "how long is the anal canal?" Everyone else smiled, relieved to know they had not been asked this, rather challenging question. I had no idea, despite having once known this useful fact to pass my anatomy exams. "Thirty centimeters, sir" I replied, hopefully.  "Correct," said the surgeon, as he surveyed the menagerie of staff trailing him.  "If you are an elephant." And so ended my surgical career.

Teaching By Humiliation in the Talmud

The insult hurled by R. Chiya bar Abba said to R. Zeira in today's Daf Yomi תרדא –  is variously translated as "lunatic" (Schottenstein) "imbecile" (Koren) and "fool"(Soncino). The rabbis of the Talmud were not shy to call out those they felt were slow-witted or annoying. After Rabbi Yehudah HaNasi was asked a relatively innocent question by Levi, the great editor of the Mishnah replied כמדומה לי שאין לו מוח בקדקדו - "it appears to me that Levi has no brains in his head," an insult he repeated on at least one other occasion. Rabbi Tarfon had enough of  Rabbi Elazar when he told him "How long will you pile up meaningless  words and bring them against us." He even used the same insult against Rabbi Akivah. Rabbi Akivah! (See ילקוט שמעוני תורה פרשת בהעלותך רמז תשכה.) Rabbi Yishmael was called "a date palm" (and not in a good way) by Rabbi Eliezer (see ספרא תזריע פרשה ה).  

The rabbis of the Talmud did not just insult individuals. The were not averse to humiliating swaths of Jewry.  Big swaths.  After hearing a teaching that came from Babylonia,  Rav Yirmiyah, who lived in Israel, couldn't control himself: "Stupid Babylonians; because they live in the dark, they state teachings that are dim." 

בבלאי טפשאי אמטול דיתבי בארעא חשוכא אמרי שמעתא דמחשכא
Stupid Babylonians; because they live in the dark, they state teachings that are dim.” 

— מאמר בשם ר׳ ירמיה, תלמוד בבלי זבחים נ, ב

 

One of my favorites though, came from Rabbi Dosa, who called his  younger brother "the first-born of Satan" which raised name calling among siblings to a whole new level.  I could go on, but you get the point. These guys could be really insulting.

Pimping in the Medical Literature

For the reader who is not medically trained, here's a new word: pimping. It's a real word that is OK to use in polite company (maybe).  According to the esteemed Journal of the American Medical Association, pimping is

a series of difficult and often intentionally unanswerable questions posed to a medical student or house staff in quick succession. The objective of pimping is to teach, motivate, and involve the learner in clinical rounds while maintaining a dominant hierarchy and cultivating humility by ridding the learner of egotism.

There is an art to pimping, according to Fredrick Brancati, the man generally thought to have invented the term in its medical content. Here is an excerpt from his classic 1989 paper, called, what else, The Art of Pimping:

Pimp questions should come in rapid succession and should be essentially unanswerable. They may be grouped into five categories:

1. Arcane points of history.These facts are not taught in medical school and are irrelevant to patient care—perfect for pimping. For example, who performed the first lumbar puncture? Or, how was syphilis named?

2. Teleology and metaphysics.These questions lie outside the realm of conventional scientific inquiry and have traditionally been addressed only by medieval philosophers and the  editors of the National Enquirer. For instance, why are some organs paired?

3. Exceedingly broad questions. For example, what role do prostaglandins play in homeostasis? Or, what is the differential diagnosis of a fever of unknown origin? Even if the intern begins making good points, after 4 or 5 minutes he can be cut off and criticized for missing points he was about to mention. These questions are ideally posed in the final minutes of rounds while the team is charging down a noisy stairwell.

4. Eponyms. These questions are favored by many old-timers who have assiduously avoided learning any new developments in medicine since the germ theory. For instance, where does one find the semilunar space of Traube? 

5. Technical points of laboratory research. Even when general medical practice has become a dim and distant memory, the attending physician-investigator still knows the details of his research inside and out. For instance, how active are leukocyte-activated killer cells with or without interleukin 2 against sarcoma in the mouse model? Or, what base sequence does the restriction endonuclease EcoRI recognize?

....pimping can create a hostile environment among the team members, suppress creativity or intellectual curiosity because of fear of embarrassment, and dehumanize students at the expense of maintaining medical hegemony.
— McCarthy, CP. McEvoy, JW. Pimping Medical Education. JAMA 2015; 314 (22). 2347-2348.

 Last year an Australian team published a paper titled "Teaching by humiliation” and mistreatment of medical students in clinical rotations. They found that 74% had experienced and 83% had witnessed teaching by humiliation during their adult clinical rotations; smaller proportions had experienced (29%) or witnessed (45%) it during their pediatric rotations, which just proves what everyone already knows.  Pediatricians are all nice. 

 

All this pimping comes with a down side. "Students’ responses to these practices" wrote the Australian researchers, "ranged from disgust and regret about entering the medical profession to endorsement of teachers’ public exposure of a student’s poor knowledge. Reported victims and perpetrators included junior medical staff, who were subjected to the practices as much as students and were equally likely to be the perpetrators, alongside senior medical and nursing staff."

As a deeply ingrained cultural, institutionalised practice, mistreatment requires focused action to replace the existing culture with one of compassion, tolerance and respect.
— Scott, KM. et al. “Teaching by humiliation” and mistreatment of medical students in clinical rotations: a pilot study. Medical Journal of Australia 2015; 203(4): 1-6

Talmudic Insults and Respect for the talmid

In today's page of Talmud, R. Chiya bar Abba called R. Zeira a "scatterbrain." Rabba called R. Amram the same thing back in Bava Kamma (105b.) In fact he called him a scatterbrain again in Bava Metziah, so he must really have meant it.  This epithet seems to have been the "moron" of its day. Even the great Abayye must have felt a little miffed when he was called a scatterbrain by Rava bar Hannan.  

It seems demeaning to use language like this, and out of place given the words of the Mishnah (Avot 2:10) יהי כבוד חבירך חביב עליך כשלך - "let your friend's honor be as important to you as your own." Rabbi Yair Chaim Bachrach (Germany, 1638-1732) addressed talmudic insults in his book of responsa called Chavvot Yair, first published in 1699. Apparently things were getting out of hand in Germany, where the talmudic art of humiliating had evolved. Yeshivah students now also yelled and gesticulated rather enthusiastically as they sparred with their learning partners:

 מש"כ קפיצה וסיפוק וריקוד תוך הפלפול איש נגד רעהו שזה גורם בלי ספק שחבירו ימהר לעשות כמעשהו וירקוד ג"כ כנגדו וירים קולו בצעקה גדולה ומרה יותר ולא ישמע איש שפת חבירו ואין זה רק מנהג יהוא וכל המרבה בה ה"ז משוגע 

Students jump and dance around each other in the middle of expounding a subject, and this will cause, without doubt, that other students will do the same and will leap and raise their voices in a louder and more bitter cry. No one will be able to listen to the voice of his partner. This is nothing other than a ridiculous custom, and anyone who does this often is a mesgugah...  

Rabbi Bachrach then rose to the defense of those who used talmudic insults, claiming that they did so with only good intentions. They did it, he said, in order to bring out the very best they could in those they insulted. (כלם י"ל שהיו חבריהם וגודלים מהם ולא קפדי כלל). Hmmm. I'm not convinced.

Insults don't work, not for medial students and not for any students.  Ad hominem attacks are now, alas, the currency of many public or political (especially political) debates, though they usually say more about the person uttering them than the person against whom they are directed. It seems that the rabbis of the Talmud were just as susceptible as the rest of us to this all-too-common failing. We can all do better. 

תנו רבנן: שלשה שונאין זה את זה, אלו הן: הכלבים, והתרנגולין, והחברין. ויש אומרים: אף הזונות. ויש אומרים: אף תלמידי חכמים שבבבל
The rabbis taught: three groups hate each other: Dogs, roosters, and sorcerers. Some say: so do prostitutes. And others say: so do the sages in Babylon...
— פסחים דף קיג עמוד ב

[Mostly a repost from here.]

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Horayot 10a ~ Halley's Comet, or Rabbi Yehoshua's Comet?

הוריות י,א

כי הא דר' גמליאל ורבי יהושע הוו אזלי בספינתא בהדי דר' גמליאל הוה פיתא בהדי רבי יהושע הוה פיתא וסולתא שלים פיתיה דר' גמליאל סמך אסולתיה דרבי יהושע אמר ליה מי הוה ידעת דהוה לן עכובא כולי האי דאיתית סולתא אמר ליה כוכב אחד לשבעים שנה עולה ומתעה את (הספינות) [הספנים] ואמרתי שמא יעלה ויתעה אותנו]

Rabban Gamliel and Rabbi Yehoshua were traveling together on a ship. Rabban Gamliel had sufficient bread for the journey, while Rabbi Yehoshua had bread and also some flour. [The journey lasted longer than expected, and] when Rabban Gamliel’s bread was finished he relied on Rabbi Yehoshua’s flour for nourishment. Rabban Gamliel said to Rabbi Yehoshua: How did you know from the outset that we would have such a substantial delay that you would need more flour? Rabbi Yehoshua said to Rabban Gamliel: There is one star that rises once in seventy years and misleads sailors at sea, causing their journeys to be extended. And I said: Perhaps that star will rise during our journey and mislead us.

Rabbi Yehoshua knew that a comet would likely be visible during his sea voyage, and that its light would confuse the sailors who navigated by the stars.  That comet returned about once every 70 years.  Does that remind you of anything?

Halley's Comet

Halley's comet last made an appearance in 1986. I remember looking up at the night sky with my father, and being thoroughly disappointed. Alas, the comet and the earth were on opposite sides of the sun, which made the quality of the appearance "the worst in two thousand years." 

Comet over 5th ave and Broadway.jpg

Other visits from Halley's comet were far more spectacular. In 1066 the comet was so bright that it was threaded onto the 230 foot-long Bayeux Tapestry recording the Norman conquest of England. In 1531 it was seen for three weeks, and was visible even when the moon was full. And in 1910 the comet shone so brightly that it made its way onto postcards commemorating the spectacle.

The orbit of Halley's Comet. From here.

The orbit of Halley's Comet. From here.

Renaming the comet for Rabbi Yehoshua

There are several claims for the oldest written description of Halley's Comet. The Chinese described its appearance as early as 240 BCE, and the Babylonians noted its appearance in 164 BCE on a cuneiform tablet now in the British Museum in London. The current record is a Greek sighting of the comet from 467BCE.  In contrast there is apparently no dispute about the earliest description of the length of the comet's orbit.  That accolade has been awarded to Edmund Halley who, using data from comet sightings in 1531, 1607 and 1682 suggested that the eponymous comet had a periodicity of about 76 years. But today's page of Talmud is clear: a comet with an orbit of about 70 years was identified by Rabbi Yehoshua. We know that "Halley's" Comet appeared in 66CE, when both Rabbi Yehoshua and Rabban Gamliel (II) were young men, and it must be to this comet that Rabbi Yehoshua referred.  Therefore it is Rabbi Yehoshua who should be honored with first describing the periodicity of the comet, and not Halley.  This is both self-evident and beyond question. It is also another of several examples which we have mentioned elsewhere in which scientific principles or facts were not properly attributed to the talmudic rabbis who first identified them. And so Talmudology is delighted to rename the comet Yehoshua's Comet.

Here's another fun fact about Rabbi Yehoshua's Comet of 66CE. It was described by the Jewish historian Josephus, who wrote that "a star resembling a sword stood over the city; a comet persisted for a long time." Josephus also recorded that the comet was seen during Pesach in 66CE. He wrote that it was taken as a good omen by those who started the Jewish rebellion against the Romans which lasted until the destruction of the Temple in 70CE.  And who was it who led another rebellion some sixty years later? Why, it was Bar Kochvah - the Son of the Star.

1835 - The First Hebrew Book about Halley's Comet

Hayyim Zelig Slonimski aged seventy-five. From The Jewish Encyclopedia, New York, Funk and Wagnalls, 1912.

Hayyim Zelig Slonimski aged seventy-five. From The Jewish Encyclopedia, New York, Funk and Wagnalls, 1912.

To coincide with the appearance of Halley's Comet in 1835, a Hebrew book called Kokhava Deshavit (The Comet) was published in Vilna. It described where and when the comet would be visible with precise coordinates for the inhabitants of Bialystok, as well as an explanation of the nature of comets and their orbits. The author was the remarkable Hayyim Zelig Slonimski, (1810-1904), the founding editor of Hazefirah (The Dawn), a weekly Hebrew-language newspaper first published in Warsaw in 1862. He also wrote Mosdei Hokhmah (The Foundation of Wisdom), a work on algebra, and struck up a friendship with the famed German naturalist and explorer Alexander von Humboldt (1769–1859). Not content with all this, Slonimski invented a method to send two telegraphs simultaneously over one wire (which was a very big deal at the time,) and developed a calculating machine that he later presented to the Imperial Academy of Sciences in St. Petersburg. It was so successful that in 1845 the Russian minister of education made Slonimski an honorary citizen, a remarkable honor given the general oppression faced by the Jews at the time.

Orbit of Halley’s Comet from Kokhava Deshavit, Vilna, 1835. Note that the outermost planet is Uranus. The second edition of the book (1857) described the discovery of Neptune in 1846. From the Talmudology Library.

Orbit of Halley’s Comet from Kokhava Deshavit, Vilna, 1835. Note that the outermost planet is Uranus. The second edition of the book (1857) described the discovery of Neptune in 1846. From the Talmudology Library.

In Kokhava Deshavit Slonimski  explained Kepler's three laws of planetary motion, outlined Newton’s law of universal gravitation, and described the discovery of stellar aberration by the British astronomer James Bradley, which was an early, indirect proof of the validity of the heliocentric model of the solar system. After a description of each of the planets, Slonimski returned to the nature of comets in general and Halley’s Comet in particular. He described some of the astronomers whose findings helped explain what comets were, and ended with a depiction of the expected path of the comet.

In 1909 Mark Twain famously wrote that

I came in with Halley's Comet in 1835. It is coming again next year [1910], and I expect to go out with it. It will be the greatest disappointment of my life if I don't go out with Halley's Comet. The Almighty has said, no doubt: "Now here are these two unaccountable freaks; they came in together, they must go out together."

And he was right. He died on April 21, 1910, one day after the comet's closest approach to Earth. Twain thought the story of Halley's Comet was personal.  But Hayyim Slonimski knew that the story of the comet was national. He hoped that its reappearance would be celebrated by his descendants who had returned to their Jewish homeland. He ended his book describing how the comet would pass by the Earth, then circle behind the Sun, and then reappear sometime in March 1836. After that,

...it will continue along its path gradually becoming dimmer to the inhabitants of the Earth as it follows its orbit, until it will reappear [in 1910]. May it be then as a sign and wonder for our children after us in the Holy Land. Amen.

And so it was.

 

[For more about Hayyim Zelig Slonimski and his life as orthodox Jewish scientist, Talmudology is glad to offer this excerpt, taken from here.]

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Avodah Zarah 51a ~ The Neck of a Grasshopper

Grasshopper anatomy.jpg

In today's page of Talmud there is a dispute about how far the prohibition against idol worship extends: 

עבודה זרה נא, א

 שחט לה חגב ר' יהודה מחייב וחכמים פוטרים

If one slaughtered a locust for an idol, Rabbi Yehuda deems him liable, and the Rabbis deem him exempt from punishment.

According to Rabbi Yehudah the neck of the grasshopper is similar to the neck of an animal; since slaughtering an animal for idol worship is prohibited, so, by analogy, is slaughtering a grasshopper.

ושאני חגב הואיל וצוארו דומה לצואר בהמה...

The neck of the grasshopper resembles the neck of an animal...

What is a neck?

The neck is the bit that connects an animal's head to its body. Grasshoppers have a head and they have a body, so perforce, they have a neck.  Here is what a typical (female) grasshopper looks like:

 

Diagram of a female grasshopper. From Pfadt, R. The Field Guide to Common Wester Grasshoppers. Wyoming Agricultural Experiment Station Bulletin #912, 1994. p1.

As you can see, the pronotum  sits where the neck should be.  It is the bony upper plate of the first section of the thorax, and when viewed from the side, appears saddle shaped.  Other insects with a pronotum include ladybugs (or ladybirds, as they are quaintly called in Britain and elsewhere), termites, beetles and fleas. The pronotum covers the cervix, the neck proper, which is "a membranous area that allows considerable freedom of movement for protraction and retraction of the insect's head." Like all insects, grasshoppers possess an exoskeleton. Beneath this hard outer shell, lay all the soft squishy bits like the gut and heart, or at least what passes for a heart in an insect.

Rabbi Yehudah's Anatomy Lesson

Rabbi Yehudah declared that the neck of the grasshopper resembled the neck of an animal, by which he meant an animal that was offered as a sacrifice in the Temple. Rashi changes the language just a little, and in so doing suggests the resemblance is even closer. The grasshopper's neck does not just resemble (דומה) an animal's. Rather, they are the same:

דיש לה צואר כבהמה ולהכי מחייב רבי יהודה דכעין שחיטת פנים הוא

The grasshopper has a neck like an animal, which is why Rabbi Yehudah finds that [a person who slaughters a grasshopper like he would an animal] is liable...

Here is the explanation found in the Koren English Talmud:

Most insects possess a head located very close to the body, i.e., the thorax, and therefore lack a visible neck. Nevertheless, some types of grasshopper possess an uncommonly visible pronotum protecting the front of the thorax. This feature has the appearance of a neck, and so even though a grasshopper cannot be truly slaughtered, it can appear to be slaughtered much like animals with necks.

But animal necks and grasshopper necks are nothing like each other. 

The grasshopper neck:

  1. Is covered with a protective shell (the pronotum)

  2. Does not possess an endoskeleton.

  3. Is really the cervix which lies hidden beneath the pronotum.

The animal neck:

  1. Is covered with skin or feathers, not a hard protective shell.

  2. Has an endoskeleton made of seven cervical vertebrae.

  3. Is clearly visible and is not hidden.

It is not clear in what way Rabbi Yehudah equated the neck of a grasshopper with the neck of an animal that was sacrificed in Jerusalem, but his teaching is echoed in Jewish law.  According to Maimonides, such an act is forbidden if it is done as a part of a religious ceremony:

משנה תורה, הלכות עבודה זרה וחוקות הגויים ג׳:ד׳

 שָׁחַט לָהּ חָגָב פָּטוּר אֶלָּא אִם כֵּן הָיְתָה עֲבוֹדָתָהּ בְּכָךְ

And the Shulchan Aruch rules that a grasshopper slaughtered in front of an idol, regardless of whether this was part of a religious ceremony or not, is forbidden to be used by a Jew. 

שולחן ערוך ירוה דעה ס׳קלט, ד

שחט לפניה חגב, נאסר, אפלו אין דרך לעבדה בחגב כלל

As a result, it's probably best not to sacrifice a grasshopper to an idol, even if you can't see its neck.

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Talmudology on Tisha B'Av ~ Giving Up

I wrote this a year ago, but recently I had the privilege of hearing Irit, the wife of Chaim ben Aryeh, talk about him. And we still have our brothers held hostage. So it seems like a good time to repost this essay.

לעילוי נשמת חיים בן אריה, הי׳ד

Chaim ben Aryeh, a bus driver from the Otef Gaza region was somewhat of a local legend; the father of eight, he had been a bus driver in Gush Katif, where he had been known as “Everyone’s Chaim.” He was Chaim the school bus driver, Chaim the troop transporter, Chaim the volunteer medic. On that dreadful Saturday night of October 7th, Chaim once again climbed into his bus to drive the children. But these were not children chatting on their way to school, children excited for a day trip to the museum. These children were the survivors of the massacre. And unlike all the children he had ever driven, they sat in their seats completely silent.  For the very first time in his life, he felt utterly helpless.

Chaim had witnessed tragedies before. He had driven buses that had been shot at, driven over roadside bombs, and driven the local ambulance to and from scenes of unimaginable suffering. But this was different. He returned home in the early hours of Sunday morning, and with tears in his eyes he uttered to his wife Irit these simple words: “I could not save them.” He told her of the children on his bus whose clothes and faces were covered with blood, of the few surviving adults who had sat behind them wearing only their underwear and wrapped with a towel. The children made no sound. There was no crying. Chaim could not save them.

Chaim carried much, but this was unbearable. He spent the next several days watching the television, watching the news unfold, and then he took his own life on the bus he had driven on that terrible night.[1]

Chaim ended his own life, but Hamas killed him.

How are we supposed to respond to the unthinkable, to live in a world that is without justice? This is of course not a new challenge. I started writing this from the old Jewish quarter in Krakow, where the Nazis murdered Jewish children in the orphanage by throwing them out of the window. Depravity is always just a moment away. But somehow, and like in so many other ways, this seems different. There are, and continue to be stories of heroism and compassion. They are often as utterly fantastic as the circumstances that caused them. But sometimes they are not enough. They never will be. Sometimes the flame that is the will to continue is extinguished. 

For those with faith, with resolve, the path forward is clear. But for the rest of us, on what shall we lean? What happens when, once again in our lachrymose history, the pain of life seems worse than the abyss of death?

*

Rabbi Shimon Pollack and the First World War

Austro-Hungarian Jews played a large role during World War I, when it is thought that over 300,000 served in the army. The military made several accommodations for its Jewish servicemen.  Kosher kitchens were established, and almost 80 Jewish chaplains served their co-religionists. The Jewish community of Vienna even produced a pocket-sized siddur that could be carried into battle. It is little wonder then, that during the chaotic years of the war, many of those Jewish soldiers went missing or died without their immediate family being notified.[2]

Rabbi Shimon Pollak was born in Hungary, around 1850, and died in May 1930. He served as the rabbi of Beiuș (Belényes in Hungarian) in the Bihar region of western Romania for twenty-eight years, and where about 14% of the population were Jewish. In his later life moved to the Romanian city of Oradea, known as Großwardein in German (and Groysvardeyn in Yiddish) where he is buried.[3], [4] But it was while he lived in Beiuș that he wrote Kol Berama, which was published in 1916. The book was dedicated to his daughter Rama, who died, most likely from tuberculosis, in March 1915, and it addresses one topic: should the Jewish people continue to have children, given the tragedy of their circumstances? Perhaps, ventured the rabbi, now was the time to finally give up all hope, and allow the Jewish people to quietly disappear.

To understand the essence of this shocking suggestion we must turn to a passage in the Talmud that discusses intimate behavior during famine and natural disasters. According to the third-century sage Resh Lakish, “it is prohibited for a person to have conjugal relations in years of famine . . . nevertheless, those without children may have marital relations in years of famine.”[5]

תענית יא, א

אָמַר רֵישׁ לָקִישׁ: אָסוּר לְאָדָם לְשַׁמֵּשׁ מִטָּתוֹ בִּשְׁנֵי רְעָבוֹן, שֶׁנֶּאֱמַר: ״וּלְיוֹסֵף יֻלַּד שְׁנֵי בָנִים בְּטֶרֶם תָּבוֹא שְׁנַת הָרָעָב״. תָּנָא: חֲסוּכֵי בָּנִים מְשַׁמְּשִׁין מִטּוֹתֵיהֶן בִּשְׁנֵי רְעָבוֹן

Another sage, Rav Avin, who lived in the early fourth century, had a similar teaching. He cited a verse from the Book of Job, “Wasted from want and starvation, they flee to a parched land,” and taught “when there is any want in the word, make your wife lonely.”[6] These two teachings found their way into normative Jewish law. The first was codified in the Shulchan Aruch, first published in Venice in 1565. The second was added to a gloss on it written by the Polish rabbi Moshe Isserles who died in 1572. “This applies,” he wrote in his commentary that became the accepted code of practice for Ashkenazi Jews, “to all kinds of natural disasters, for they are just like a famine.”[7]

שולחן ערוך או׳ח 240

אסור לשמש מטתו בשני רעבון אלא לחשוכי בנים הגה וע"ל סי' תקע"ד ס"ד וה"ה בשאר צרות שהם כרעבון [ירושלמי דתענית]

It was during the First World War that Pollack revisited this question in the book he had named for his dead daughter. Over 30 dense pages he wrote about the awful situation in which the Jews of war-stricken eastern Europe found themselves. He quickly came to his thesis, an unambiguous declaration of his halakhic ruling.

I have seen with my own eyes, these terrible times of trouble…with voices wailing in new refugee camps [iray miklat] that were established by the government for our bereaved brethren, that there are no ritual baths [mikva’ot] for women to use…And as for myself, I am extremely distressed and wonder, if, in these times of sin, anger, war and famine, if it is permitted for anyone to have conjugal relations. This is not just for the pious; this is absolutely prohibited for any couple.

The book weaves together sources from the two Talmuds, Midrash and halakha as the author addresses the many and varied aspects of this ruling. Did this only apply to famine as its talmudic author Resh Lakish had ruled, or did it extend to other disasters, as Rabbi Moshe Isserles had ruled in his gloss to the Shulchan Aruch?

Rabbi Pollack weaves practical and mystical explanations into a seamless stream of consciousness. Practically, he wonders, did Resh Lakish rule as he did because during a famine there would not be enough food to feed the children brought into the world?[8] Mystically, perhaps this only applies when there is specifically a lack of grain, which somehow is under the direct jurisdiction of God? Perhaps intercourse is forbidden only on a Wednesday and Friday evening, because of something to do with the creation of the planets and the mitzvah to have relations on the eve of Shabbat? He also addressed some strangely contemporary philosophical questions: do existing persons have greater rights than potential persons?[9]  

Pollack looked back at Biblical history with a critical eye. How did Joseph allow himself to have children, and to eat so lavishly during the terrible seven-year famine described in Genesis? Certainly, he wrote, that when Joseph invited his brothers to a feast “this would not have been permitted according to the spirit of Torah law…why did Joseph rule leniently about this matter?”[10] While remaining deeply mindful of the chain of Jewish tradition, of course, he ventured his own answer. “Where I not fearful of offering a solution, I would have ventured to suggest that Joseph died before his older brothers because he allowed himself to provide an excessive meal, when all around there was a famine.”[11] He raised similar questions about the behavior of King David, who took Uriah’s wife as his own during an intense war with the Philistines.[12] And here he ventured beyond the traditional respect he gave to the motives of biblical figures. “Since David didn’t care about the grave sin of adultery, why would he care about the lesser sin of procreation during a war?”[13] He even speculated about whether the father of Moses had erred in fathering not one but three children (Miriam, Moses, and Aaron) while his entire nation was enslaved.[14]

After answering these and several other questions about the conduct of biblical figures to his satisfaction, Pollack reached his conclusion (again). In a larger font he wrote:

ומכ״ש אם נלוה להצרות רבות ורעות - של מכת חרבו הרג ואבדון ושרפת אש ונשים בציון המצוינות נתענו ובתולות בערי יהודים נתחללו לאין מספר ושרי ישראל  ביד אויביהם נתלים ואף פני זקנים וזקנות ועוללים ויונקים לא התחוננו לחמול ולחוס עליהם - והא בביזתא והא בשביא והא במלקיותא או מיתה במקום מלקות — והילול שבת ומאכלות אסורות של כמה אלפים ורבבות ורבי רבבות נפשות מארבע כנפות הארץ וטלטולא דגברי ונשיהם העגונות וטפלי התלוים בהם הנעים ונדים ולא ימצאו מנוח לכף רגלם ונדחה קראו להם מדחי אל דחי ואינם יודעים אפי' מקום אביהם ואמותיהם או בניהם ובנותיהם ואחיהם ואחיותיהם וכדומ׳ ואיפה הם רועים ואם הם עוד בחיים או לא וכו׳ עד שאבן מקיר יזעק וכו' - עוד הצרה דרעבון ורעב״א דרעבון שבודאי ישי בו איסור תשמיש כפול ומוכפל בכפלי כפלים

. . . Consider the many terrible troubles, blows, the sword, murder, loss and the fires consuming the women of Zion and the countless young girls in Jewish towns who are ravaged, and the young Jewish men who are hanged by the enemy, not to mention the elderly and the infants. We could never end mourning for them . . . and then there is the desecration of Shabbat, and the eating of non-kosher food that thousands upon thousands have committed . . . and there are the women who do not know what has become of their husbands, and the many children who depend upon them, all of whom wander without respite for their weary feet . . . they do not know the fates of their fathers or their mothers, their sons or their daughters, their brothers and sisters. Where are they wandering? Are they even still alive? . . . It is certain therefore that there is a complete and utter prohibition against conjugal relations.”[15]

Pollack had opened with a discussion of how Jewish family life had become impossible without mikva’ot, and returned to this theme towards the end of his book. He even suggested that it may have been a good thing that that mikva’ot had not been built in the refugee camps, because without them, intercourse was forbidden, and couples would not be able to transgress the prohibition made by Resh Lakish.[16] At the very least, he suggested posting notices in any of the remaining functioning mikva’ot that their use was only permitted for those whose sexual drive could not be controlled. The logical consequence of his reasoning was that new marriages should be forbidden.[17] And this was precisely the opinion he held. In a radical departure from normative tradition, now was not the time for new Jewish homes to be established. “How can we start a marriage and a Jewish home when God is engaged in the destruction of his world?”[18]

Despite his lengthy passages declaring the contrary, Pollack ended with a more muted ruling than that with which he had started.

In light of all this, I am not ruling in general terms and for all people. Rather, my ruling is for those who are able to withstand the temptation. But for those whose urges are too powerful to resist, it is better to choose the lesser of two evils. Each person should make their own decision, and this is a deeply private matter.

And with this, Shimon Pollack ends perhaps one of the most painful of Jewish works written since the Book of Lamentations.

 All of us are familiar with the marriage ceremony at which a glass is broken as a memory of Jerusalem’s destruction. But this act is immediately followed with singing and dancing as the bride and groom step away from under their chuppah and begin to build their bayit ne’eman beyisrael. Could we ever have thought it possible that Jewish law would capitulate to the horrors that the Jewish people encountered? And yet, it is here, in this ruling of Rabbi Shimon Pollack’s long forgotten text. The Jews have been defeated.  We need not go on.

It should be emphasised that Kol Haramah was written in eastern Europe during the First World War, and not during the Second. The worst (if it is even possible to compare tragedies of this magnitude) was still to come. And when it did, the same question was raised and the same inevitable ruling followed. 

Rabbi Yisroel Alter Landau and the Second World War

In 1940, Rabbi Yisroel Alter Landau (c. 1884–1942), the Head of the Rabbinic Court in the northern Hungarian town of Edeleny (in Yiddish, Edelen) was asked whether under the circumstances - which at the time were the Hungarians collaborating with the Axis powers - the talmudic prohibition should be re-instated. “As a result of our many sins this is a time of great hardship for Jacob and Israel,” he wrote to his interlocutor,

Israel is enslaved in most countries [in Europe] and also here [in Edeleny] both physically and spiritually. We are made to work very hard, just as we did in Egypt. We have to repair the roads, and in many places the yeshivot and mikva’ot have been closed . . . Because of our many sins there are new decrees against Israel each and every day. May God have mercy on us and may we see his deliverance very soon.

As a result, it would seem fitting for every Jewish husband to separate physically from his wife and not engage in marital relations, even if he himself is not in any danger, for it is a time of great hardship for Israel.

 In his lengthy responsa, Rabbi Landau reviewed the same sources and reached the same general conclusion as had Rabbi Pollack his predecessor. Still, he was more circumspect, and cited the verse in Exodus (1:12 ) in support: “The more the Egyptians oppressed them, the more they multiplied.” While there was no need to rule strictly and forbid conjugal relations, each person should decide for themselves “for a wise person has eyes in his head” (Ecclesiastes 2:14). Deep inside Nazi occupied eastern Europe, Rabbi Landau ended with this prayer:  

May the Holy One, Blessed Be He, come to our aid, as He did for our ancestors in Egypt. May he perform miracles as He did for our ancestors in Egypt, and may we merit the salvation of Israel and a merciful and complete redemption speedily and in our time.

But his prayer was entirely unanswered. He died of natural causes in 1942 at the age of only 58; his wife Rachel and several of their adult children were murdered by the Nazis in 1941 and 1942.[19]

Rabbi Hayyim Elazar Spira of Munkacz

While these two rulings overwhelmingly supported a ban on building a Jewish family, we should not expect them to have been universally accepted. One rabbinic leader who opposed the ban was Hayyim Elazar Spira (1871–1937), head of the Rabbinic Court of Munkacz (today Mukachevo) in western Ukraine who addressed the question in a work published in 1930. He noted that during and after the First World War the question of prohibiting conjugal relations had arisen, but that it had been permitted. One of the reasons was that the war and the later troubles that befell the Jewish people (including the Bolshevik uprising) seemed endless. Under these depressing circumstances, it would be necessary to prohibit conjugal relations “forever,” which would clearly be improper. Rabbi Spira also wrote that he had heard of “a certain leader who ruled that conjugal relations were absolutely forbidden for the duration of the [First World] war.” And then comes this remarkable passage:

This brought me incredible laughter, that which this old man (close to eighty) had warned against, and that which he ruled for his children. It made a laughingstock of us all. When we heard of this our hearts would sink, for this ruling had no basis, and it is terrible to continue to speak of such a thing. Perhaps much was hidden from the eyes and the thinking of this old man. May the Master [God] forgive him! [c.f. Sanhedrin 99a.] Still, he should be given some respect. But nevertheless, the practical halakha is that Heaven forbid would we ever prohibit this.

 Although Rabbi Spira did not identify the “old man” whose ruling he so disparaged, it was almost certainly Rabbi Pollak.[20]

Such works are rare in the enormous corpus of Jewish literature. Indeed, given the history of the Jewish People, it is somewhat surprising to find that there are so few of these kinds of books. But their rarity does not imply that they describe an unusual emotional reaction. Indeed, the only surprising thing is that, as moderns, we have not felt it more frequently. And that is surely because, as moderns, we have felt perfectly at home in whichever diaspora we have lived.  We have thrived, studied, earned professional or financial comfort, and have passed these values on to our families. When we have visited Israel, it was always with a thrill of coming home, even if it was equally true that it was from our homes that we had just travelled. We were Jews who were twice blessed. We had two homes, and in each we prospered.

This ended in the aftermath of the massacre of October 7th. Instead of a world that we had expected to extend to us the same courtesies that we had ourselves extended to others, we found ourselves unimaginably alone. We, which is to say we Jews, were no longer the citizens of two homes. We were outsiders, and outsiders are always treated with suspicion and often with contempt. Three generations of complacency had led us to expect that we would never feel existentially lonely in a democracy like ours. We were mistaken.

*

The choice of Isolation & the Imposition of Loneliness

In The Origins of Totalitarianism (1951) Hannah Arendt distinguished between isolation and loneliness. “I can be isolated” she wrote, “that is, in a situation in which I cannot act, because there is nobody who will act with me — without being lonely; and I can be lonely — that is in a situation in which I as a person feel myself deserted by all human companionship — without being isolated.” Isolation is an impasse in the political sphere of our lives, where our common goals are destroyed and “I cannot act, because there is nobody who will act with me.”

More recently, the philosopher Kieran Setiya has described loneliness as “the pain of social disconnection.” In his 2022 book Life is Hard, he noted that because we are “social animals with social needs,” we experience loneliness when those social needs are unmet. Setiya here is addressing the feeling that follows from a lack of family, friends, and romantic partners, and it is incontrovertibly true that for the nuclear observant Jewish family, such an absence is remarkably unusual. Why then, has the war of October 7th left so many of us feeling as alone as Robinson Crusoe on his deserted island? The social needs of most modern orthodox Jews are sustained primarily through our nuclear family and the friendships that are bonded by the regularity of a set of shared Jewish obligations. What then, has changed? Why do the Tic-Toc wars and student sit-ins result in an existential solitude that we have never before experienced?

One answer – and surely there are several – lies in a deeper understanding of the social isolation that is a defining feature of the orthodox Jewish life. While we have never really acknowledged it, we have felt all along that we are socially isolated from the larger outside non-Jewish world. The old city ghetto wall that forced Jews to live with each other has long been replaced by our choice to live with each other in close proximity surrounded by an eruv. Within the suburbs, we are sustained and nourished by those who are like us. And yet we believed – indeed, for decades our experience has taught us – that should we choose to seek it out, our acceptance by those outside of the invisible ghetto wall was never in question. Orthodox, or better, recognizable Jews might choose to be socially isolated from the wider non-Jewish world, but they were never alone. At any time, we could reach out and flourish under a shared set of liberal Western values, which, we thought, are derived from and hence similar to our own. For those who wished to enter politics, the door was open. There, our only disagreements would be with those who did not vote with us. And we could openly support Israel because she shared the values of all WEIRD societies.[21]

But in the weeks that followed the October pogrom, our choice of isolation was replaced by an imposition of loneliness. We were not the welcome equals we had long imagined ourselves. Yes, we could march on Washington, but there were still buses that refused to transport us from the airport. We could raise vast sums of money, but there were still counties – allies!- who would embargo the arms we needed to defend ourselves. Our chosen isolation turned into an existential loneliness that no one, outside of the last remaining eyewitnesses of the Holocaust, could have ever imagined.

Perhaps then, it is from this that our feelings of despair have arisen. Like Chaim ben Aryeh, we feel alone because we feel that this time it is different. Chaim saw it on the faces of the children he evacuated. We see it on the faces of the adults we sit next to on the subway. If we feel despair, we can acknowledge that this emotion too is an authentic Jewish response to the horrors we have witnessed from up close or from afar. Chaim could no-longer bear to go on living, and Rabbi Pollack could no-longer allow Jewish children to be born into a world of depravity.Of course we will rebuild, because that is what we do. We will flourish because that is our eternal destiny. It is just that sometimes, the price seems too high.

עד הניצחון


[1] All these details come from an interview with his wife: see https://www.ynet.co.il/health/article/sy2ipepfp, accessed November 8, 2023.

[2] Schmidl, Erwin: Jüdische Soldaten in der k. u. k. Armee, in: Patka, Markus im Auftrag des jüdischen Museums Wien (Hrsg.): Weltuntergang. Jüdisches Leben und Sterben im Ersten Weltkrieg, Wien/Graz/Klagenfurt 2014, 45-51. Rozenblit, Marsha L.: Reconstructing a National Identity. The Jews of Habsburg Austria during World War I, Oxford 2001, Lichtblau, Albert (Hrsg.): Als hätten wir dazugehört. Österreichisch-jüdische Lebensgeschichten aus der Habsburgermonarchie, Wien/Köln/Weimar 1999.

[3] From https://www.geni.com/people/%D7%A8%D7%91%D7%99-%D7%A9%D7%9E%D7%A2%D7%95%D7%9F-%D7%A4%D7%90%D7%9C%D7%9C%D7%90%D7%A7-%D7%96%D7%A6%D7%95%D7%A7-%D7%9C-%D7%90%D7%91-%D7%93-Belenyes-%D7%91%D7%A2%D7%9C-%D7%A9%D7%95-%D7%AA-%D7%A9%D7%9D-%D7%9E%D7%A9%D7%9E%D7%A2%D7%95%D7%9F/6000000002087045307.

[4] See the frontispiece and introduction of Shem Mishimon, his book of responsa published posthumously in Satmar, Romania in 1932. It contains a brief approbation from Yosef Chaim Zonenfeld, the leading rabbi of Jerusalem.

[5] T. B. Ta’anit 11a.

[6] Job 30:3, T.J Ta’anit 1:6.

[7] Shulchan Aruch Orach Chayim 240.

[8] “It is certainly reasonable to be concerned that during a famine procreation is forbidden, for even without new children there is scarcely enough food. Were we to have children we would need to take what little the adults have and give to the children…and when a woman is pregnant, she requires more nourishment” (KH 7.)

[9] “We should never value the worth of one life over another, and we should certainly never allow potential life to take precedence over an actual life” (KH 5). The question of the value of potential compared to actual ones was the life work of the late Oxford philosopher Derek Parfit. See for example, his Reasons and Persons (Oxford, 1984).

[10] KH 9.

[11] KH 11. He offered some solutions on pp 38-39. He also suggested that the prohibition was based on the presence of evil spirits. See KH 55.

[12] II Samuel 11-12.

[13] KH 24

[14] KH 14. Pollack suggested that Moses’ father, through divine inspiration, knew that he would sire the savior of his people, and so allowed himself to engage in procreation. Pollack would go to rather extreme lengths to justify the behavior of biblical figures. He ventured that perhaps Moses’ father had not engaged in intercourse, but had merely acted as a sperm donor, accidentally depositing his seed in a bath in which his wife would later bathe. (See TB and KH15.) Similarly, the wives of Machlon and Chilyon mentioned in the Book of Ruth were allowed to have children because they were not born Jewish, but had converted (KH 21).

[15] See Shimon Pollak, Kol Haramah Vehafrasha [The Lofty Voice of Separation] (Waitzen (Vac): Tel Talpiot, 1916) (Hebrew), especially 31. Emphasis added.

[16] KH 70.

[17] KH 71-72.

[18] KH 72.

[19] See Yisroel Avraham Alter Landau, Shut Bet Yisrael [Responsam of the House of Israel] (New York: Brooklyn, 1994) (Hebrew), Even Ha’ezer #152.

[20] See Hayyim Elazar Spira, Nimukei Orah Hayyim [Legal Decisions on Orah Hayyim] (New York: Edison Lithographic, 1930) (Hebrew) #574, 106. Pollack would have been about 66 years old, at the time he published his book, and not 80 as Spira suggested. More recently, the question of whether intercourse was permitted during the pandemic years of COVID was raised. See Brown, J. The Eleventh Plague, Oxford University Press 2023, 313-314.

[21] Western, Industrialized, Educated, Rich and Democratic. See Joseph Henrich, The Weirdest People in the World: How the West Became Psychologically Peculiar and Particularly Prosperous. New York, Farrar, Straus and Giroux 2020.

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