Do Chumrot Go Hand-in-Hand with a Lack of Derech Eretz? A Thought from the Daf (Gittin 54a)

The Gemara presents a rather complicated discussion about whether it's appropriate to legislate a fine or punishment when someone accidentally violates a specific halachah in order to prevent them from later violating the same law intentionally - גזרינן שוגג אטו מזיד. The Gemara presents an apparent contradiction between two positions of Rabbi Yehudah. Whereas normally Rabbi Yehudah felt that in cases of דאורייתא we do legislate שוגג אטו מזיד, it seems that in the case of Shemittah, where a person planted during the Shemittah year accidentally, Rabbi Yehudah did not feel that the plant had to be uprooted. He was not גוזר שוגג אטו מזיד. Why not? The Gemara explains:

דרבי יהודה אדרבי יהודה לא קשיא באתריה דרבי יהודה חמירא להו שביעית

The apparent contradiction between the positions of Rabbi Yehudah are not difficult, for in the locale of Rabbi Yehudah [violation of the laws of] Shemittah was considered very severe.

In other words, Rabbi Yehudah felt no need to legislate in a case of accidental planting (where one thought it was a non-Shemittah year) because in his community, violation of Shemittah was considered such a terrible act, that no one would do it on purpose. Hence, there's no reason or need to legislate שוגג אטו מזיד.

Then, the Gemara tells a troubling story to illustrate just how serious people took the violation of Shemittah:

דההוא דאמר ליה לחבירו דייר בר דיירתא אמר ליה אנא לא אכלי פירי דשביעית כוותך

For there was a certain man who said to his friend [in an attempt to insult him], "You are a convert the son of a female convert. The man retorted: At least I don't eat the fruits of Shemittah like you!

Apparently, it was considered worse in Rabbi Yehuda's community to eat the fruits of Shemittah than to be a convert the son of a female convert! Moreover, someone in the Daf shiur last night pointed out that in Rabbi Yehuda's time, Shemittah was no longer a דאורייתא - a Torah law. It was by then exactly like it is today - a דרבנן - a rabbinic law. Yet, the people in that community still treated the rabbinic law as if it was still a D'oraita!

Reading the story, I found the whole exchange both terribly troubling but familiar. Why were the same people who were so meticulous about adhering to the nuances of the ritual law of Shemittah so callous about insulting someone else in such a demeaning and inappropriate manner? Why do the two somehow seem so often to be connected to each-other? Is there some link between over-meticulous observance of ritual law and laxity with regard to mitzvot bein adam l'chaveiro? 

Reading the two short vignettes connected in the Gemara, it seems that they are indeed linked.

The Wings of Doves: Another Way to Protect the People of Israel

If you have trouble getting out of bed in the morning, I can guarantee you had you lived in Yad Binyamin (or Gadera), this morning you would not have had a problem. For the first time since the Gaza War (soon to be war? Mini war?) broke out, a siren jolted us out of bed in the middle of the night. Actually, we had no idea what time it was, because no one thought to look at the clock until after we got into the safe room. Thank God, we're fine, but when I checked the clock and realized that it was 5:20am, that was it for the day. I checked the news sites to learn that they hadn't reached a cease-fire agreement yet (go figure), and then went to catch up on the Daf. I'm glad that instead of going back to bed I learned the daf, because today's daf (Shabbat 49) relates a well-known story that lifted my spirits. The Gemara relates a halachic fact about a man named Elisha Ba'al Cnafayim (Elisha the Man of Wings), and then wonders why he had that strange nickname. The Gemara answers by relating a story:

שפעם אחת גזרה מלכות רומי הרשעה גזירה על ישראל שכל המניח תפילין ינקרו את מוחו והיה אלישע מניחם ויוצא לשוק ראהו קסדור אחד רץ מפניו ורץ אחריו וכיון שהגיע אצלו נטלן מראשו ואחזן בידו אמר לו מה זה בידך אמר לו כנפי יונה פשט את ידו ונמצאו כנפי יונה לפיכך קורין אותו אלישע בעל כנפים ומאי שנא כנפי יונה משאר עופות משום דאמתיל כנסת ישראל ליונה שנאמר (תהילים סח) כנפי יונה נחפה בכסף וגו' מה יונה כנפיה מגינות עליה אף ישראל מצות מגינות עליהן:  

And why is he called the man of wings'? Because the wicked Roman government once proclaimed a decree against Israel that whoever donned tefillin should have his brains pierced through; yet Elisha put them on and went out into the streets. [When] a quaestor saw him, he fled before him, whereupon he gave pursuit. As he overtook him he [Elisha] removed them from his head and held them in his hand. 'What is that in your hand?' he demanded. 'The wings of a dove,' was his reply. He stretched out his hand and lo! they were the wings of a dove. Therefore he is called 'Elisha the man of the wings'. And why the wings of a dove rather than that of other birds? Because the Congregation of Israel is likened to a dove, as it is said, "as the wings of a dove covered with silver::  just as a dove is protected by its wings, so is Israel protected by the mitzvot. (translation from here)

I opened Facebook this morning to find a wonderful message from friend in Michigan:

rabbi spolter,
hope you and your mishpocha are doing well and the tumult ends quickly and safely. please let us know if there's anything (besides davening and correcting misinformation) we can do for for you.

First of all, those messages really do help. We don't feel alone in this at all, but it's always nice to hear from friends. But if you want to help, I can think of two other ways (in addition to the davening and correcting information - both of which are important):
Advocacy: While we all say that Israel should act irrespective of world opinion (and sometimes must), world opinion is undeniably a fact that Israel faces. To that end, American support for Israel's self-defense has been critical, not to mention the financial support that provided the amazing Iron Dome system that's saved countless lives, literally. That support, both political and financial, is the direct result of an ongoing, never ending lobbying campaign that depends on committed Americans communicating with their elected officials. So, if you want to make a real difference on the ground here, short of Aliyah (which I continue to recommend highly), get involved with AIPAC.
Yet, we must also heed the Gemara's message about the defensive power of mitzvot. Living here, listening to the radio, hearing about the constant rocket barrage, I wonder about our national "bank" of merit. We're using up a heck of a lot of credit upstairs. We need more mitzot - and none better than the mitzvah that protected Elisha himself. So, if you're not usually so great about wearing Tefillin, put on Tefillin and fulfill that mitzvah. If you are good about tefillin, pick something else. In the words of the Talmud, the Jewish people are "like a dove" because, like the wings of the dove, which protect her from danger, our fulfillment of mitzvot, as much as any missile system, tank or soldier, offer yet another, critical way to protect the Jewish nation.

Daf Yomi Update and a Question

So, it's been about a week now, and I'm still doing the daf. Some observations:
1. Last week might not have been the best week to start, as the gemara itself was quite complicated, and I had events out of the house three nights in a row. On the first night, I found myself at 11:30pm having not finished the daf and I realized then and there that I was at my first moment of truth: finish the daf now (and don't push it off), or it wasn't happening. I finished the daf. This happened a couple of times, and trying to cover a piece of Gemara late at night is no picnic.
2. It became quite clear early on that unless I put this learning into some sort of framework, I'd never keep up. Simply "finding time during the day" wasn't going to work. Also, right now I'm not interested in attending a shiur (which is extremely passive), so I'm trying to at least learn the daf on my own. Thusfar, I've settled into a routine where I wake up a half-hour early and learn at home in the quiet. It's nice, and I can get through most of the daf in that time. We'll see how this plays out over time.
2b. I'm trying not to do the daf during davening or chazarat hashatz. Not simple.
3. Since I am learning on my own in a limited amount of time, there's really no time to sit on a difficult piece and crack my head trying to figure out the gemara as I might normally do. Also, there's no time to look up every word I dont' know in a Jastro (which I used to do). I need some help. A friend showed me his Talmudo B'yado, which is a paperback book that the Meorot Hadaf Hayomi (Here's a link to their website, but it's terrible. Just call them in Israel - 1-700-500-151) puts out and is a mini-Artscroll to help you get through the daf. You subscribe for 18 shekel a month, and they send you each new volume before you need it. I have yet to get the first volume, but I'm signed up.
4. On day 2, a friend (and blog reader) saw me and asked me how it was going, and I complained that I was on my way to a wedding and didn't know how I'd ever finish the day's (difficult) daf. He said, "No problem. You can just borrow my mini-daf booklet." (put out by a different organization), which I did. When the dancing went on a tad too long for me and the young people laughed us older folk out of the circle, I went outside with the small gemara and finished the daf.
I immediately felt the power of being "in the system", in that you're really not alone; many other people are doing the program with you, are willing to help and share with you, and even discuss issues that come up on the daf. It's a nice feeling.
5. Looking for a shiur that supplements the daf (and doesn't cover the daf itself) Rabbi Johnny Solomon (a recent Oleh to YB) suggested that I check out Rabbi Chaim Eisentein's "Halachah from the Daily Daf", which I will do and report back. If you know of any other similar shiurim (that are short, to the point, easy to follow and don't cover the text of the daf itself), please share in the comments.

A Beautiful Siyyum HaShas You Didn't Read About (Until Now)

Rav Chaim Dovid Kowalsky

In this past week's B'sheva, Yedidya Meir wrote a beautiful daf yomi story that I want to share, in which he quotes a letter he received from a reader.

Our grandfather, Saba Yaakov, has already completed two cycles of the Daf Yomi. From the time that he retired, about fifteen years ago, he decided to dedicate his time to Torah study. Despite the fact that he did not grow up in the Yeshiva world, and despite the fact that he spent most of his life supporting his household, slowly but surely Saba Yaakov accumulated skills in learning the pages of the holy Gemara with regularity. Not a day passed that he didn't learn the Daf - first with a Steinzaltz and later on in the regular shiur of Rav Bortman in Kiryat Mutzkin. Even during the second Lebanon War, when the residents of the [Northern] cities were shelled, and Saba Yaakov found himself exiled to his son's residence in Petach Tikvah, he joined the shiur in the "Hadar Ganim" neighborhood for a month, and was beloved by the members of the Kolel.
Over the past three years, Saba Yaakov's health has taken a turn for the worse. He's had a pacemaker implanted, his legs are full of fluid, and he can no longer leave the house to attend regular tefillot or the Daf Yomi shiur. His physical deterioriation affected his mental state. We watched as Saba Yaakov deteriorated, and saw no resolution to the problem. He simply stopped grasping to the "Tree of Life", and we feared that from that point onward, the road would be short, God forbid.
Then, like a final lifeline, Saba Yaakov discovered Rav Kowalsky and the website of "Meorot Hadaf Hayomi." Hidden away at home, Saba Yaakov plunged back into the Sugyot of the Talmud as Rav Kowalsky, with a unique sweetness and grace, via the computer screen, breathed life back into [our grandfather]. One shiur, and then another, and then another - returned to Saba the will to live. Rav Kowalsky became his virtual best friend. Saba spent three or more hours each day with the Rav - and just try and interrupt him during the shiur. No conversation with Saba did not include a word about the Rav or his young son Shmulik, who would ask wise questions during the shiur.
On the occasion of the [recent] Siyyum Hashas we decided to surprise Saba - who never leaves the house, and lives in the four "inches" of Rav Kowalsky. We tracked down Rav Kowalsky's phone number in the hopes that he would find a few moments in his busy day to record a personal video greeting. [When we reached him], the Rav asked where Saba lives, and when he heard the answer - Kiryat Chaim - he said, "I'm on my way to the north for a family vacation. What's the address? Rather than record a greeting, I'll come in person."
So, yesterday, exactly at 1:00pm, when Saba was preparing for his regular learning with his virtual "Rebbe", a knock was heard at the door. So that he would not grow overly emotional, Savta Chaya prepared Saba in advance telling him that an important guest was scheduled to arrive and visit him. Saba demurred, "Who could be more important that my daily learning with Rav Kowalsky?" and he turned back to the computer.
I still cannot find the words to describe the emotional meeting between teacher and student - who despite having never met felt so close. The Rav sat in Saba's home for more than half an hour. They discussed Sugyot in Shas, Saba's birthplace in Romania - Saba was beside himself with pleasure. They departed warmly - but not before the Rav begged Saba to bless him and his son Shmulik.
Many important leaders in Israel benefit from Rav Kowalsky's shiurim - from his well-known shiur in the Azrieli Towers to the last shiur he delivers each night. Yet, on his trip to a family vacation, he made the effort to come, greet and give honor to his last student. I write this letter without asking [the Rav's] permission, because I'm not entirely sure that he'd be happy about this publicity.
Tens of Siyyumim of the Shas took place recently in Israel and around the world; events adorned by the Gedolim of Israel, impressive meals and wonderful momentos for those who completed the learning. Yet, fortunate was the eye that saw the Siyyum of Saba Yaakov with his no-longer-virtual Rav.