גדר ענין הוצאת לעז על הראשונים

In our previous article we explained the severity of being מוציא לעז על הראשונים. In this article we will אי"ה attempt to delineate the precise boundaries of הוצאת לעז על הראשונים.

While it would follow logically that any case in which הוצאת לעז על הראשונים is not a concern we would thereby be able to perform ברכת כהנים daily, nonetheless, this platform does not claim to disseminate final פסק הלכה on its own (as opposed to quoting direct sources of final פסק הלכה). Any practical action taken based on the foregoing should be cleared by a competent halachic authority. We take no responsibility for any experimentation based on our halachic conclusions.

There was a מנהג in Worms that every ר"ח סיון the community would then fast until after midday. [1] They would then daven מנחה at the earliest possible time and subsequently eat so as to avoid fasting a full-blown fast on ר"ח. They would then daven מעריב as they normally did the entire year.

Where ר"ח סיון fell out on ע"ש, however, they would then daven מעריב immediately following מנחה and then make קידוש.

שבות יעקב [2] recounts that where he saw this happening, he was very perplexed that they would daven מעריב so early. He even criticized the מנהג loudly yet no one listened to him. He even heard that many before him protested against this מנהג to no avail, raising a concern that perhaps future generations will think that the rabbis of generations preceding them were quiet and didn't protest, indicating that they in fact agreed with this practice, and so should be established להלכה for generations.

Where I myself, writes שבות יעקב, didn't daven מעריב with them as I normally would, people complained that I am separating myself from the ציבור, and that I don't have the halachic ability to change their מנהג.

Now, in order to clarify before all that their מנהג in this regard is mistaken, שבות יעקב therefore first defends their מנהג however he can and then responds to each defense in its place.

While the actual סוגיא is indeed quite interesting, nonetheless that is not our focus here, rather what is relevant to us is what שבות יעקב writes at the end of the תשובה, namely how to avoid הוצאת לעז על הראשונים i.e. implying that his forebears were neglectful of הלכה. To that end he writes that actually the earlier generations indeed followed הלכה properly, in that they used to daven מנחה as early as possible (with reading the פרשה of תענית, and saying memorial prayers in a doleful melody), after which they would daven מעריב at the regular time. Later generations mistakenly decided to daven מעריב immediately following מנחה, which is a reasonable mistake to make because even with regard to testimony one can get mixed up between one time on the clock and the next (פסחים יא), so all the more so here.

We can derive from the above that so long as one has a reasonable explanation for how it is that the original מנהג did indeed follow הלכה and that there was simply a broken telephone somewhere along the way, then that is no longer considered הוצאת לעז על הראשונים.

With this we end our lengthy series on why it is that most אשכנזים (and even some ספרדים) don't perform ברכת כהנים daily. We hope that our research was informative and compelling. We now hope to turn our attention to other matters בעז"ה.

[1] This was in memory of 12 lay leaders of the Worms community who died על קידוש השם on ר"ח סיון during גזירת תתנו. See ר יודא לייב Kirchheim's מנהגי וורמס (in the entry for ר"ח סיון) for extensive historical and liturgical details.

[2] חלק ב או"ח שאלה ו

חומר הענין של הוצאת לעז על הראשונים

1

In our previous article, we suggested (based on significant evidence) that those who tried to reinstate daily ברכת כהנים were stopped from שמים because they were מוציא לעז על הראשונים in the process. This means that by means of instituting ברכת כהנים on a daily basis, one thereby implies that their predecessors were willfully neglectful of their halachic obligation to do so themselves.

We will offer a more precise definition of הוצאת לעת על הראשונים in a future article אי"ה. What remains to be explained here, however, is why, indeed, is being מוציא לעז על הראשונים so severe as to warrant our continued neglect of (what would otherwise be) absolute halachic obligations. -?-

2

In the entry for חשד (suspicion), פלא יועץ exhorts its readers to, ideally, not eat anywhere outside their own homes, for fear of ending up eating something not kosher, or something that was warmed improperly on שבת or the like.

פלא יועץ warns, however, that not everyone is ראוי לכך to take on such a חומרא, as doing so would entail, among other problems, being מוציא לעז על הראשונים, in that taking on such a practice would seem to be insulting the previous generations who, by implication, were ח"ו not so punctilious about שמירת כשרות.

Now, one must keep in mind that פלא יועץ here is discussing a חומרא, meaning that, strictly speaking, there is a principle of עד אחד נאמן באיסורים, namely that one witness (even oneself) is qualified to testify with regards to matters of איסור והתר such as כשרות. This is the halachic mechanism which allows us to eat each other's food. To this end, we derive from here that, so long as there is what to rely on, it is better to keep to the strict הלכה without הידורים if said הידורים were to imply that the previous generations were neglectful of halachic strictures.

3

With regards to daily ברכת כהנים, there are many פוסקים to rely on to the effect that ברכת כהנים does and/or should not be performed daily, to which end it is better to continue relying on them (even where their halachic reasoning contains many logical and/or halachic difficulties) rather than to imply that the previous generations were neglectful of their religious obligations.

Similarly, there are opinions to rely on with regards to ruining a kosher טלית before burial, saying פיוטים where interrupting the תפלה would otherwise be problematic, and certainly for not inserting an extra פיוט into the liturgy against the established local custom [1]. To that end, it is better to continue relying on those opinions, even if their halachic reasoning is problematic, rather than to imply that the previous generations were neglecting what they were supposed to do.

Appendix

פלא יועץ does not, in fact, discourage people from not eating each other's food, rather only cautioning that doing so could potentially be מוציא לעז על הראשונים in the process. In fact, this entire הנהגה is referred to as a מדת חסידות that is not for everyone. The clear implication of that is that one for whom מדת חסידות, as a function of their overall religious piety, is appropriate, then not eating anyone else's food out of concern for lack of כשרות would then not be out of place.

With this we can explain how ר נתן Adler, who performed ברכת כהנים daily in his private בית מדרש, was not quite punished from Heaven but rather down here on Earth, in that he was placed into a חרם by the Frankfurt Kehilloh. This would perhaps be a result of the fact that he did not specifically intend to institute daily ברכת כהנים in the entire world but rather just in his own רשות היחיד. In fact, there could easily have been dozens of כהנים in Frankfurt at the time, yet we have no specific record (to my knowledge) of them being invited to his בית מדרש for the opportunity to perform ברכת כהנים on a regular day.

[1] for details see previous article and references there

פרחים לבית הכנסת בשבועות

There is a מנהג to carpet grasses in shuls and homes on שבועות [1], in remembrance of the joy of מתן תורה. The reason for this is because 'ה instructed משה to make sure that flock and cattle should not graze on הר סיני. Evidently, there was grass on הר סיני for animals to graze on in the first place. [2]

In some places there is a מנהג to distribute fragrant grasses in shul after חזרת השץ so that a ברכה on spices could be made. [3]

I am not aware of any community that still keeps either of these מנהגים. Rather, there is a much more widespread מנהג to decorate shuls with elaborate flower arrangements. The פוסקים do not mention flowers directly; their function is ornamental, as opposed to grasses, whose function is a pleasant fragrance. However, a suggestive explanation could be that תלמידי חכמים are soft and beautiful like roses, and they bubble over with מעשים טובים like roses "bubble over" with fragrance. [5]

Additionally, כלל ישראל is a like a rose among thistles; a garden full of thistles is hardly useful to its owner. But if there are roses in the garden as well, then keeping the garden is worthwhile, if only for the roses. So too, because of כלל ישראל's continued observance of the מצות, it is thereby 'worthwhile' for 'ה to continue maintaining the world's existence. To symbolize this concept, we decorate our shuls (and, in some communities, even the ספרי תורה) with flowers. [6]

http://breuers2gether.com/nostalgia/echoes/ *you may need to download this video in order to see it*

[1] רמא או"ח תלד:ב

[2] שמות לד:ג (ציווי זה נצטווה רק גבי לוחות שניות ולא במתן תורה אולם במ"ב שם ס"ק ט הובא פסוק זה כסמך למנהגנו. וצ"ע שהרי מנהגנו הוא זכר לשמחת מתן תורה אבל באמת לא היה ציווי כזה גבי מתן תורה כי הרי לאו דוקא שהיו עשבים למרעה הבהמות בהר סיני בשעת מתן תורה כ"א רק בשעת נתינת לוחות שניות היה זה הציווי וממילא רק בשעת נתינת לוחות שניות ידעינן שהיו שם עשבים. -?-)

[3] מ"ב שם ס"ק י

[4] see, for example, the following:

Above: flowers in KAJ on שבועות (top); flowers in Shearith Israel on שבועות (bottom)

Also see here.

[5] רשי תהלים מה:א

[6] שה"ש ב:ב, ויקרא רבה כג:ג, בני יששכר סיון מאמר ד אות ז

הוצאת לעז על הראשונים

We have spent a long time and much written space objecting to various approaches with regards to the reason why those who tried reinstating daily ברכת כהנים were met with Heavenly opposition. We discussed and analyzed various possibilities, including that they were punished for changing a מנהג, for leaving a trace of an evildoer's memory, as well as why it is that we have a right to ponder these questions to begin with.

We also proposed a solution as to why these Heavenly signs were regarded to begin with.

Now that all of the aforementioned has been moved out of the way, we can finally get to the solution that seems to fit all the pieces best, namely (drumroll please): that they were מוציא לעז על הראשונים, meaning, that the implication of reinstating daily ברכת כהנים is that all the wise and righteous people of the previous generations were willfully neglectful of an absolute חיוב גמור. Such an accusation is a terrible one indeed, such that, apparently, it is better to continue willfully neglecting a חיוב גמור ourselves rather than to accuse our forebears of such an iniquity.

This approach was told to me first by my uncle (who wishes to otherwise remain anonymous), author of שנות חיים (a systematic presentation of תורת בריסק on מועדים), and later by R Yitzchak Breitowitz.

With this we can also explain why the תלמידי הגרא, who instituted daily ברכת כהנים in their יישוב in ארץ ישראל, were not shown any signs from Heaven to stop, namely because the ראשונים there indeed did perform ברכת כהנים daily (even meriting commendation to that effect from the בית יוסף [1]).

We can also explain why daily ברכת כהנים was successfully instituted in Dubai [2], namely because the entire community didn't exist more than perhaps a decade ago, such that there are really no ראשונים there in the first place to be מוציא לעז on.

We can also understand why similarly frightening stories occurred to those who wanted to be buried (see here section 2) with kosher ציצית, namely that by doing so they were implying that their forebears were willfully neglectful of the obligation to indeed do so.

The same can be said of the (anonymous) individual who skipped a פיוט due to a concern of הפסק and didn't live out the year: by so doing he implied that his predecessors willfully ignored the halachic concern of הפסק [3].

The one story that remains to be explained is that of the מהריל [4] whose daughter died because he inserted an extra פיוט into the liturgy to honor its author who was buried in that city, against the express wishes of the גבאים: there is no absolute חיוב to honor the author of a פיוט who happens to be buried in that city. However, although, objectively speaking, there may be no such חיוב, even so, the מהריל seems to have felt there was, enough to do so even against the express instructions of the community officials!

In a future post we will אי"ה explain why indeed it is that הוצאת לעז על הראשונים is so severe as to warrant even neglect of (what would otherwise be) absolute חיובים.

Appendix

Although there may be ways to separately answer each of these individual questions, still, there is a יסוד said over in ישיבות (which, to a certain degree, is actually common sense) from ר חיים בריסקער, which I will first write in the original Yiddish as I have heard it said over, and then translate and explain:

אן אמת'ע פשט איז וואו איין תרץ ענפערט דריי קשיות.

A true explanation is one where one answer resolves three questions. To that end, although there may be other ways to answer each of these questions independently of each other, nonetheless, I have still chosen the above approach as the one which is most נראה לענ"ד because it answers the largest amount of questions at a time all in one shot.

[1] או"ח סוף סימן קכח

[2] originally accessed here on June 18 2023

[3] https://otzarminhagim.blogspot.com/2023/06/blog-post_18.html note 6. It is possible that the individual referred is actually the מהריל, only that some of the details were confused. This is pure speculation, however, and there is no direct evidence מכריח such an interpretation.

[4] https://otzarminhagim.blogspot.com/2023/08/instances-throughout-halachic-history.html note 1

השארת שמץ-זכר מרשעים

We have shown that there is weak halachic basis for ברכת כהנים to only be performed on יו"ט. Yet, those who tried to reinstate its daily performance would seem to have been stopped by שמים, begging the obvious question that it seems strange for שמים to stop (or perhaps even punish) someone for attempting to do a מצוה.

I sent letters in the mail to numerous תלמידי חכמים for an answer.

The very first response I received was a very unique and original one from Rabbi Shimon Katz, a דיין affiliated with the Satmar community in Monsey. (Subsequently I received a letter from ר יצחק Alster who suggested the same answer.) This approach is based on ויואל משה [1], where there is a discussion of the following תשובה in אהל יעקב (סי' ע-עא):

One of שבתאי צבי's innovations was to institute ברכת כהנים to the Spanish-Portuguese community in Amsterdam (which, unfortunately, only performed ברכת כהנים on יו"ט, like the אשכנזי custom [2]) to be done every שבת. The purpose of this change was to prepare the כהנים for ברכת כהנים in the בית המקדש, which would be done every day.

Once he was revealed to be a false משיח, there was a debate among the Spanish-Portuguese חכמים whether to maintain the new מנהג or not.

ר יעקב Sasportas paskened that even though, inherently, the new מנהג is a good one, still, since the importation of מנהג ארץ ישראל was שבתאי צבי's idea - therefore it should not be maintained, just in order to erase the memory of sinners.

This יסוד is based on a story in מו"ק יז. in which a תלמיד was put in חרם for certain misdeeds, even though the חכמים needed him to discuss their learning with him.

The רמבם (תלמוד תורה ד:א) and שו"ע (יו"ד רמו:ח) codify this דין by saying that a רב who does not behave properly, even if he is a great scholar, and even if his scholarship is in great demand - still we do not allow ourselves to be taught by him until he does תשובה.

Based on the above discussion, R Katz and R Alster suggested that the reason why those who tried to reinstate daily ברכת כהנים were punished [3] is for leaving a trace of a memory of שבתאי צבי. And indeed, in that period the Frankists, a neo-Sabbatian group, were active in Eastern Europe. The בעל שם טוב was even thought to be one of them until he actually staged a public debate against one of their leaders. [4] Additionally, just before that time, ר יעקב Emden accused ר יונתן Eybeschutz of being a Sabbatian. (In fact the גרא was one of the rabbis to whom ר יונתן Eibeschitz turned for an endorsement of his religious integrity. [5]) So we see that leaving a trace of שבתאי צבי's memory was indeed a real danger and concern at the time.

What remains to be explained, however, is how the תלמידי הגרא and the תלמידי הבעש"ט who later settled in ארץ ישראל [6] were able to institute daily ברכת כהנים in the communities they established, such that this is the standard practice in א"י. -?- How and why is it that leaving a trace of שבתאי צבי's memory was not a problem for them? In addition, this approach does not explain the other places where there were those who seem to have been punished for trying to do a מצוה [7].

Appendix

כף החיים (או"ח ס"ק ערד) paskens that a city which didn't previously perform ברכת כהנים daily and, for whatever reason, the חכמים of that city saw fit to institute ברכת כהנים on שבת [8] and, subsequently, the cause for said change no longer exists - it is improper for them to return to their original מנהג, and הלואי that they would do ברכת כהנים every day. (This is in line with עולת תמיד, quoted by כף החיים earlier in ס"ק ערא who warns against looking for excuses to be מבטל a מצות עשה - even though a כהן who isn't called is not עובר an עשה - because, regardless, שפע and ברכה will reach the world through ברכת כהנים.)

כף החיים does not specify if there is a particular community referred to here (though Amsterdam seems to be the one in mind), however perhaps he would disagree with the decision of אהל יעקב and opine to maintain daily ברכת כהנים wherever possible, under any circumstances possible.

[1] מאמר שלש שבועות אות קיב וע"ע מאמר לשון הקודש אות כו

[2] I reached out to numerous scholars within the Spanish and Portuguese community and was unable to determine the origins of this custom. Perhaps this was through the influence of ר משה אורי הלוי, an אשכנזי rabbi from Emden, Germany, who played a significant role in leading the Portuguese community of Amsterdam, comprised, to a large degree, of former crypto-Jews, back to normative Judaism. This theory is purely speculative, however: I have no direct evidence to support it. Any leads to clarify this issue would be appreciated.

[3] Now, normally there is no מצוה whose performance or lack thereof depends on a miracle, the only exception being סוטה, which can only operate within a supernatural framework. The reason for this exception is to prevent Jewish women from inappropriate activity (as is often the way of other nations), and to clean כלל ישראל from ממזרות, such that there will be place for השראת השכינה among בני ישראל. Only once כלל ישראל descended spiritually in this area, did the entire system of סוטה then no longer operate. (Based on רמבן במדבר ה:כ, directed to my attention by R Alster in his letter to me on the subject.)

Similarly, R Alster suggested in his letter that perhaps הקב"ה 'mixed in' כביכול in the performance of daily ברכת כהנים in order to 'clean' כלל ישראל from the effects of Sabbatianism.

[4] See here, under the heading 'Revelation and Leadership'

[5] https://leimanlibrary.com/texts_of_publications/82.%20When%20a%20Rabbi%20is%20Accused%20of%20Heresy%20The%20Stance%20of%20the%20Gaon%20of%20Vilna.pdf

[6] Until that point the only Jews who lived in א"י were ספרדים.

[7] See here note 6 and here note 1. The latter point will be addressed by the next approach that we will discuss in a future post בעז"ה.

[8] As took place in the S&P Sephardi Community in London not many years ago: see here, under the heading 'The priestly blessing'.

המועד הנשכח: אסרו חג

The day after יו"ט we are נוהג to increase our eating and drinking somewhat, that day being אסרו חג [1].

This concept is based on ר ירמיה (quoting ר שמעון בו יוחאי) and ר יוחנן (quoting ר שמעון המחוזי in turn quoting ר יוחנן המכותי) who taught that whoever makes an 'איסור' to the חג through eating and drinking then the פסוק considers them as though then have built a מזבח and brought קורבנות thereon. This is derived from the פסוק that says "אסרו חג בעבותים עד קרנות המזבח", meaning that we should tie up the festival with ropes until the horns of the מזבח.

רשי explains the דרשה to mean that one who enjoys the day after יו"ט, thereby 'binding' the יו"ט to themselves, is as though they have brought עבותים, literally ropes but here interpreted allegorically as fat animals, on the מזבח [2].

ערוה"ש explains further [3] that the joy of a festival is the קורבן שלמים that is then brought. If the excitement of bonding with 'ה spills over into the day following יו"ט, and a person eats then from the שלמים of the previous day (because שלמים are eaten for two days and one night) then that overflow is considered as though one has built the מזבח.

[1] רמא או"ח תכט:ב. See the discussion in the שו"ע there with regards to fasting on אסרו חג, a purely halachic matter that is beyond the scope of this forum.

[2] סוכה מה. ועיין רשי שם ד"ה איסור לחג, באכילה ושתיה, בעבותים

The above is according to רשי's interpretation. The מהרשא there, however, has the exact opposite explanation, namely that one who stops themselves from indulging in excess food and drink is as though they have offered that extra food and drink that was not partaken of on the מזבח. The consensus of the שו"ע appears to follow רשי's interpretation.

[3] או"ח שם סעיף ה

לבישת בגדי שבת ויו"ט בפורים

There is a widespread custom (especially among children for whom so doing is age-appropriate) to wear costumes on פורים [1]. A less-known, though significantly better-sourced, custom is to wear בגדי שבת ויו"ט [2], as befitting the dignity of a festive occasion. The רמא brings this custom in שו"ע [3] as the correct one. It is also brought להלכה in [4] ערוה"ש and מ"ב [5].

כף החיים, in addition to bringing this custom להלכה, specifies that festive clothing should be worn ליל פורים as well as יום פורים [6].

[1] There are those who claim that the practice of פורים costumes actually has idolatrous origins. See here and draw your own conclusions.

[2] מהריל הלכות פורים אות יב

[3]  או"ח תרצה:ב

[4] שם סעיף ז

[5] שם ס"ק ג

[6] שם אות יג