A Woman’s Guide to Tzitzis

The Torn Hole

Question # 1

Mrs. Friedman wants to know:

“The hole on my son’s talis koton in which the tzitzis strings are inserted is torn. Does this invalidate Yanki’s tzitzis?”

The Unraveled Knot

Question #2

Mrs. Weiss notices that the knots on her son’s tzitzis have untied. Are his tzitzis still kosher?

A Bicycle Casualty

Question #3, from Mrs. Goldberg:

“My son’s tzitzis got caught in his bicycle and several strings were torn. Are the tzitzis invalid?”

The Woman’s Tzitzis Guide

Why write a woman’s guide to tzitzis, when women are not required to observe the mitzvah, and, according to many authorities, are not even permitted to wear them? (See Targum Yonasan to Devarim 22:5, that a woman wearing tzitzis violates the prohibition of wearing a man’s garment.) In addition, some authorities contend that because women are exempt from fulfilling the mitzvah, they should not attach the tzitzis strings to the garment (Rama, Orach Chayim 14:1 and commentaries). (The Rama concludes that if a woman did attach the tzitzis to the garment, the tzitzis are kosher.)

The reason for this guide is that women are often responsible for the purchase, supervision, upkeep, and laundering of the tzitzis of their boys and men. Indeed, women often ask me questions relevant to these halachos. Men will also find this guide very useful.

In order to answer the above questions thoroughly, we must first understand some basics about how tzitzis are produced.

Please note that throughout this article, “tzitzis” refers to the strings placed on the corners of the garment; the garment itself will be called a “talis koton.”

Special Strings

Tzitzis are not manufactured from ordinary thread, but only from thread manufactured lishmah, meaning that the threads were spun with the intent that they be used to fulfill the mitzvah of tzitzis.

After completing the spinning, one takes several of these specially-spun threads and twists them together into a thicker string. This twisting, called shezirah, is also performed lishmah, with the intent of producing string for the mitzvah of tzitzis. Although, to the best of my knowledge, no early halachic sources discuss how many threads one needs to twist together, some have the custom of twisting eight such threads, which are called kaful shemonah.

The authorities dispute whether attaching the tzitzis strings to the garment and tying them must also be performed lishmah. In practice, we are stringent (Shulchan Aruch, Orach Chayim 14:2 and commentaries).

Combing Lishmah?

Some authorities require that even combing the fibers — the process that precedes the spinning — must be performed lishmah. The authorities conclude that this is not required, although some recommend manufacturing or acquiring tzitzis with this hiddur (Mishnah Berurah 11:3).

Articulation

Many authorities contend that when manufacturing an item lishmah, one must articulate this intent (Rosh, Hilchos Sefer Torah Chapter 3). This means that the person spinning or twisting the tzitzis must say that he is doing so in order to make tzitzis for the sake of the mitzvah (Shulchan Aruch, Orach Chayim 11:1 and Mishnah Berurah, ad locum). Once one made this declaration (leshem mitzvas tzitzis) at the beginning of the spinning, it is unnecessary to repeat it (Mishnah Berurah).

Hand or Machine?

Regarding whether to buy hand- or machine-spun tzitzis, there is much discussion among authorities as to whether one may rely on machine spinning with the machine operator declaring that the tzitzis are being made lishmah (see for example, Achiezer 3:69; Har Tzvi, Orach Chayim 1:10). This is similar to the dispute concerning whether one may fulfill the mitzvah of eating matzoh on Seder night with machine matzoh, an issue that involved a huge dispute among the halachic authorities of 19th century Poland.

As far as I am aware, a talis koton sold for children’s use is probably made using machine-made tzitzis. (At the time I first wrote this article, I saw a talis koton meant for children with a hechsher describing that it was made by having the beginning of the spinning done by hand, as a hiddur on the regular machine-made variety.) Both hand- and machine- spun types are readily available for men’s tzitzis,  for talisim kotonim and for talisim gedolim. One should consult his Rav if he is uncertain whether to purchase the more expensive hand-made variety.

What Material Should Be Used?

Although one may make tzitzis threads from other material, universal practice today is to use sheep’s wool.

The Garment Does Not Require Lishmah

The law requiring that the tzitzis be manufactured lishmah applies only to the tzitzis strings, not the garment to which the strings are attached. This garment, the talis or talis koton itself, does not need to be made for the sake of the mitzvah – any cloth may be used.

For reasons beyond the scope of this guide, the custom is to make the talis gadol, that is worn for davening, from wool. Some have the custom to insist on woolen material for the talis koton also, though most are satisfied with a cotton talis koton. Authorities discuss and dispute whether the talis koton can be made of polyester or other synthetic materials, and I leave it to our readers to discuss this issue with their halachic authorities. Perhaps one day I’ll have a chance to write an article on this fascinating topic.

To review:

Before spinning wool to be used for tzitzis, the spinning machine operator, or the hand spinner, should say that he is spinning the threads with the intent that they will be used for the mitzvah of tzitzis. After spinning the wool into threads, one twists several tzitzis threads together into a thick, strong tzitzis string. This latter process also requires lishmah. There is no requirement to make the talis or talis koton garment lishmah.

Inserting the Tzitzis

Having completed the tzitzis string manufacturing process, we are now ready to learn how to insert the tzitzis strings into the garment. One takes four of these specially lishmah-made strings and inserts them through a hole in the corner of the garment, in order to fulfill the verse’s requirement that the tzitzis threads lie over the corner of the garment. The hole must be not so distant from the corner that the tzitzis are considered to be hanging from the main part of the garment (rather than on the corner), and yet not so close that the tzitzis hang completely below the garment (Menachos 42a; Shulchan Aruch, Orach Chayim 11:9). Thus, the hole should be placed in a way that after attaching the tzitzis to the garment, only the upper part of the tzitzis rests on the garment.

Where Should the Hole Be?

The Gemara explains that the hole through which the tzitzis are placed should be closer to the corner than “three fingerwidths,” which means three times the width of a finger. Whose finger and which finger?

Most poskim conclude that a fingerwidth is the width of an average-sized man’s thumb at its widest point.

Measure this distance, multiply it by three, and you have “three fingerwidths.” Now, measure three fingerwidths from the two sides of the garment near the corner (not from the actual right-angle corner of the garment) and you can create a square in the corner of the garment (Rama, Orach Chayim 11:9). If the tzitzis are attached beyond this area, they are not considered to be on the corner. Although there is a range of opinion as to exactly how much area this is, most poskim conclude that it is about six centimeters,* or about 2 1/2 inches, from each side.

Others follow a different interpretation of which finger is used to measure this distance, and according to their opinion, the area is a bit smaller (Artzos Hachayim; Mishnah Berurah 11:42).

Closest Hole

The closest the hole should be to the sides of the talis or talis koton is the distance from the end of the thumb nail to the thumb joint, measured by the thumb of an average-sized man. (This measures less than two centimeters or less than .75 inches.) If the hole is made closer than this, the tzitzis are not kosher, because the tzitzis strings will hang below the garment and, as I explained above, they are required to be resting partly on the garment itself. However, if one inserted and knotted the tzitzis threads in a hole that was in the correct place, and then subsequently the garment shrunk or was shortened, or the hole tore, resulting in the tzitzis being closer to the corner than they should, the tzitzis are nonetheless kosher (Shulchan Aruch, Orach Chayim 11:10).

To sum up:

To determine where the hole should be, one can examine the corner of the talis or talis koton and mark inward from the two adjacent sides that form the corner. Within two centimeters of either side is too close to the edge of the garment to attach the tzitzis, and more than six centimeters is too far.

Yes, Mrs. Friedman

Although we have not finished our description of tzitzis production, we have sufficient information to discuss Mrs. Friedman’s question. The hole through which the tzitzis strings are placed tore, and, as a result, the tzitzis are now closer to the corner of the garment than they should be. Does this invalidate the tzitzis?

Since the tzitzis strings were originally inserted into a hole that was correctly located, the tzitzis remain kosher.

I advised Mrs. Friedman to mend and reinforce the garment before it tears so badly that the tzitzis strings fall off, which will invalidate the garment, requiring sewing the clothing and undoing and restringing the tzitzis again to make it kosher.

Four in One

Let us now return to tzitzis production. After making the hole in its correct place, one takes four tzitzis strings that have been spun and twisted lishmah. Three of the threads are the same length, but one of the strings is much longer than the others since it will be coiled around them. After this string is wrapped around the others, it should be about the same length as the other strings.

The strings should be long enough that when they are completely coiled and tied (as I will describe) the free-hanging eight strings should be the length of eight fingerwidths (as described above), which is about 16–20 centimeters or about eight inches.

The Torah requires that there be exactly four tzitzis strings per corner. Using fewer or more strings invalidates the mitzvah and, according to some opinions, violates the Torah prohibitions of bal tosif or bal tigra, adding to or detracting from a Torah commandment (Shulchan Aruch, Orach Chayim 11:12 and commentaries).

Pulling Strings

At this point, one pulls the four strings through the hole in the talis or talis koton until the three shorter strings are halfway through the hole. The longer string should be pulled through so that on one side it is the same length as the other strings, but the other side is much longer, since this extra length will be wrapped around the other strings.

After the four strings are threaded through the garment, there will be eight strings hanging off the garment, which are then knotted together in a tight double knot. This permanent knot is Torah-required. This knot is made by tying a set of four strings from one side with the set of four strings from the opposite side.  To make sure that the two sets of four strings stay together throughout the process of coiling and knotting, one takes the four strings from the side that does not include the long string and loops them together at their end. We will soon see why we perform this step (Shulchan Aruch, Orach Chayim 12:1).

The longer string is now coiled several times around the seven others and then the two sets of four strings are knotted tightly. The coiled tzitzis strings are called the gedil.

The accepted custom is to tie the eight strings together in five different places, each separated by an area where the long string is coiled around the others several times. Thus, there are four areas of coiled tzitzis strings, each held in place by double knots.

Remember the Mitzvos!

The five knots help us remember all the mitzvos. As Rashi writes, the gematriya (numerical value) of the word tzitzis (when spelled with the letter yud twice) equals 600. When one adds eight for the eight hanging tzitzis strings and five for the five knots that tie them, adds up to 613. Additionally, the five knots remind us of the Torah’s five chumashim.

The Torah, itself, did not require all these coilings and knots, but required only one knot and one coiled area. The other knots and coilings are only lichatchilah, the proper way to make the tzitzis. However, if one failed to make these coilings or knots, the tzitzis are nevertheless kosher, provided there is at least one coiled gedil area and at least one knot.

Similarly, if the coiling unravels in the middle — not an uncommon occurrence — the tzitzis are still fully kosher, as long as one gedil area remains.

This will help answer Mrs. Weiss’ question about some of her son’s tzitzis knots being untied. As long as one knot remains, and there is some area where the tzitzis strings are coiled together, the tzitzis are still kosher. Of course, one should re-wind the longer tzitzis string around the others and retie the knots, but in the interim the tzitzis are kosher.

Jewish Labor

The person attaching the strings to the garment must be Jewish (Menachos 42a; Shulchan Aruch, Orach Chayim 14:1). There was a major scandal a few years ago when unscrupulous manufacturers were discovered to have hired non-Jews to make tzitzis. Hopefully, this problem has been resolved, but one should check that the tzitzis have a reliable hechsher. Based on shaylos I have been asked, I have discovered that many people are unaware that children’s talisim kotonim must also be reliably kosher.

By the way, it is preferable that women not be the ones who insert the tzitzis strings onto the garment and tie them, since women are absolved from fulfilling this mitzvah (Rama, Orach Chayim 14:1 and commentaries).

How Many Coils?

The number of coils between the knots is a matter of custom. (Based on the Arizal’s tradition, common practice is to coil the thread seven times between the first two knots, eight between the next two, eleven between the third and fourth, and thirteen times between the fourth and fifth knots.

To recap, we twist the longer string around the others and tie the tzitzis strings into knots in a way that creates five knots and between them four areas of tightly coiled string that resemble a cable. Torah law requires only that we tie one knot and that there be some area of coiled string.

Hang Loose!

After completing the coiling and tying, the rest of the strings are allowed to hang freely. The free-hanging strings are referred to as the “pesil.” As I mentioned above, when making the tzitzis, the pesil should be at least eight fingerwidths long, which is about eight inches (Shulchan Aruch, Orach Chayim 11:14). However, if the strings become torn afterward, the tzitzis are still kosher, if even a very small amount of pesil remains – long enough to make a loop and knot it, which is probably about an inch (Shulchan Aruch, Orach Chayim 12:1).

Tear Near the Top

If the tzitzis strings become torn above the first knot, the tzitzis are invalid.

As I explained, tzitzis are made from four strings inserted into the garment, and then knotted and coiled. The Torah requires that each of these four strings be attached and hang from the corner of the garment and be included both in the gedil, the coiled part, and the pesil, the loose, hanging strings.

If the thread tore at the top, then it is no longer hanging from the corner of the garment, but held in place by the other threads.

Torn String

We can now explain whether tzitzis become invalid when the tzitzis strings are torn, which depends on where the strings tore. If only one of the eight strings tore and only below the first knot, then the tzitzis are still kosher. This is because all four of the original tzitzis still have both gedil, the coiled part, and pesil, the hanging part.

If two of the eight strings tore at a point that there is no pesil anymore, then whether the tzitzis are still kosher depends on whether these were part of the same original tzitzis string or not. If they were two sides of the same original tzitzis string, then the tzitzis are invalid, because one of the four original strings now lacks pesil. This is the reason why one should be careful to loop four of the strings together before beginning the coiling and knotting, since this helps keep track in case two or more strings tear, whether they are the two parts of the same string, which will invalidate the tzitzis if no pesil remains, or parts of two different strings, in which case the tzitzis are kosher, if the other end of the string still has pesil.

If a tear takes place somewhere between the first knot and the pesil, we treat the remaining part of that string as nonexistent since it no longer hangs from the garment, but is being kept in place by the coiling and knotting. Thus, if this happens to only one string of the eight, the tzitzis are still kosher, because all four original tzitzis still have some pesil. However, if this happens to two or more strings, one must be concerned that it was two sides of the same original string and the tzitzis may be invalid, because only three of the original strings now have pesil.

Conclusion

Rav Hirsch notes that the root of the word tzitzis is “sprout” or “blossom,” a strange concept to associate with garments, which do not grow. He explains that the message of our clothing is extended, that is, sprouts and blossoms, by virtue of our tzitzis.

The introduction of clothing to Adam and Chavah was to teach man that his destiny is greater than an animal’s, and that his responsibility is to make all his decisions according to Hashem’s laws, and not his own desires. Introducing tzitzis onto a Jew’s garments reinforces this message; we must act according to what Hashem expects. Thus, whether we are wearing, shopping for, examining, or laundering tzitzis, we must remember our life’s goal: fulfilling Hashem’s instructions, not our own desires.

* All measurements in this article are approximate. One should check with a Rav for exact figures.

 

More on Chinuch

Question #1: His own Lulav?

father-and-son-with-lulav“Am I required to purchase for my son his own lulav?”

Question #2: Three-year old Tzitzis?

“At what age should my son start wearing tzitzis?”

Question #3: Minor Kohanim

“I know that one must be very careful that a kohen, even an infant, does not become contaminated with the tumah of a meis. Yet I rarely see a child under bar mitzvah duchen. Is this consistent?”

Question #4: Kiruv Kohanim

“We are in the process of being mekarev a fellow who is a kohen. He enjoys joining us for our family outings, and we love to visit museums. Could this present potential halachic issues?”

Answer:

In the beginning of parshas Tolados, the Torah mentions the birth and upbringing of Yaakov and Eisav. In what many consider the most controversial passage in his commentary on Chumash, Rav Hirsch criticizes the education that Eisav received. This provides an opportunity to continue our discussion on some of the aspects of the mitzvos of chinuch that we began a few weeks ago.

In this context, we find the following passage of Gemara:

“A minor who knows how to shake a lulav in the way that halachah requires is obligated to fulfill the mitzvah of lulav; one old enough to put on a talis properly is obligated in tzitzis; if he is old enough to protect his tefillin, his father must purchase for him tefillin; when he knows how to talk, his father teaches him Torah and the Shma” (Sukkah 42a; see also Arachin 2b and Tosefta, Chagigah Chapter 1).

We see from the Gemara that we should begin teaching a child Torah and training him to observe mitzvos at the earliest age possible for him to perform the mitzvah correctly. One of the first lessons of mitzvas chinuch that we see here is that the mitzvah is not simply to demonstrate to a child a few times before his bar mitzvah how the mitzvah is performed. The mitzvah is to train him from when he begins to be able to perform the mitzvah properly, and we then begin to encourage him to observe the mitzvos. Thus, as soon as he begins to speak, we should have him recite pesukim. When old enough to wear a talis properly, we should train him in the mitzvah of tzitzis, and when old enough to perform the mitzvah of lulav properly, we should train him to observe that mitzvah.

Why are tefillin different?

When the Gemara mentions that a child should begin to observe mitzvos, it teaches that his father is obligated to purchase tefillin for his son, but it does not say that the father is required to buy either tzitzis or a lulav for his son. This implies that only in the case of tefillin is the father required to make a purchase, but not for the mitzvos of tzitzis or lulav. Why are tefillin different?

The answer is that someone cannot observe the mitzvah of tefillin properly without owning his own pair, and it is obvious that a child would not have the means with which to purchase tefillin. Therefore, the mitzvah of chinuch requires the boy’s father to purchase a pair of tefillin for him.

However, Chazal did not require the father to purchase the four species or tzitzis for his son. Why not? In the case of the four species, the son should be able to perform the mitzvah by using his father’s, and it is therefore unnecessary to require the father to purchase his son a set (Tosafos, Arachin 2b).

What about tzitzis?

Regarding the mitzvah of tzitzis, Tosafos rules that, even for adults, Chazal did not require one to purchase a four-cornered garment in order to fulfill the mitzvah. Rather, someone wishing to wear a four-cornered garment is required to have tzitzis attached to it. In the days of Chazal, one did not purchase a garment with tzitzis, or even purchase tzitzis threads to place on a garment. Clothing was made at home, and tzitzis threads, which require being manufactured for the sake of fulfilling the mitzvah, were spun at home. Therefore, there was no requirement to purchase tzitzis for a child, but, that when the household provided all its members with home-made clothing, it provided the men-folk, including those under bar mitzvah, with four-cornered garments and spun tzitzis to attach to them (Tosafos, Arachin 2b).

“Protecting” tefillin

The Gemara rules that when a child is old enough to “protect his tefillin,” we should purchase for him a pair of tefillin. What does it mean that he is old enough to “protect his tefillin”? Some understand this to mean that he understands that he should not bring his tefillin into the bathroom (Rashi, Sukkah 42a). Others understand this to mean that he can keep a guf naki, meaning that he is old enough to be careful not to release flatulence while wearing tefillin, which is prohibited because of bizuy mitzvah, treating mitzvos with disdain (Rashi, Brachos 5b; Shulchan Aruch, Orach Chayim 37:2). There is obviously a major difference between these two approaches: A fairly young child can be entrusted not to bring tefillin into a bathroom, whereas someone considerably older may still have difficulty maintaining control and awareness to remove his tefillin when he feels that his stomach is somewhat unsettled.

Contemporary practice

Following the second approach mentioned above, which is the conclusion of the Shulchan Aruch, common practice today is that we do not have a child wear tefillin until he is almost the age of bar mitzvah. This is because we are concerned that he will be unable to keep a guf naki. Therefore, we wait until the child is almost the age that he is required min haTorah to wear tefillin, and only then do we train him how to wear tefillin.

Minor kohanim

At this point, let us address one of our opening questions.

“I know that one must be very careful that a kohen, even an infant, does not become contaminated with the tumah of a meis. Yet I rarely see a child under bar mitzvah duchen. Is this consistent?”

This question needs to be dealt with as two different headings. The first topic is the prohibition of causing someone to violate a halachah. The second topic is understanding how the mitzvah of chinuch applies to the specific mitzvah of birkas kohanim. I will first discuss the topic of causing a minor kohen child to become tamei.

Causing someone to violate the Torah

It is prohibited min haTorah to be the direct cause of a child violating a prohibition of the Torah (Yevamos 114a). For example, providing a child with non-kosher food or bringing a minor kohen into a house that contains tumas meis causes the child to violate what the Torah says. The Torah prohibits doing this, even when the child himself is too young to be responsible to fulfill the mitzvah and is not commanded to observe it. As a matter of fact, this law applies min hatorah even to a newborn (Magen Avraham 343:2). It also applies even when a child is, unfortunately, being raised in a non-observant way. Therefore, it is forbidden for someone who has a babysitting job to feed a Jewish child non-kosher food, or to serve non-kosher food to a Jewish child in a school cafeteria. Similarly, it is prohibited to dress a baby in a blanket or clothes made of shatnez (Shu”t Beis Yehudah, Yoreh Deah #45).

Tumah is worse

In the particular instance of causing a kohen to become tamei, there is an additional violation, specific to this mitzvah. The Rambam rules that it is forbidden for someone to make an adult kohen tamei and, at times, this may involve violating a prohibition min haTorah (Rambam, Hilchos Aveil 3:5). The Rambam rules: “If the kohen is unaware that what he did is forbidden, and the person who made him tamei knows that it is, then that person violates the lo saaseh. If the kohen knows that it is forbidden, then the other person violates only lifnei iveir lo sitein michshol, do not place a stumbling block before a blind person (Vayikra 19:14).” Chazal interpret this pasuk to mean that one may not give someone bad advice, nor cause him to violate a prohibition.

Kiruv kohanim

Thus, we can now also address another of our opening questions. “We are in the process of being mekarev a fellow who is a kohen. He enjoys joining us for our family outings, and we love to visit museums. Could this present potential halachic issues?”

In a different article published in this column many years ago, I discussed at length the shaylos that exist concerning whether a kohen may visit a museum. (A copy of that article, entitled Finding a Compatible Place for an Extended Family Outing, is available on the website RabbiKaganoff.com.) Based on our current discussion, we are now aware that the same issues exist if I cause a kohen to enter a museum. Thus, taking a nephew who is a kohen on a family trip to a museum may involve the same halachic problem, and I should consult my rav or posek. Bringing our friend the kohen involves the same halachic issues, notwithstanding the fact that he, himself, has no concerns about the matter. As we saw above in the Rambam, it is actually a more serious problem for me when I know that the kohen is not concerned about the prohibition.

What if the child does it on his own?

The Gemara (Yevamos 113b-114a) relates that Rav Yitzchak bar Bisna lost the keys of the beis medrash in a reshus harabim, an area into and from which it is prohibited min haTorah to carry on Shabbos. Thus, there was no way to unlock the doors and use the beis medrash on Shabbos. Rabbi Pedas suggested that Rav Yitzchak bar Bisna bring some children to play in the area where the keys were lost, hoping that one of them might find the keys and bring them to the beis medrash. According to Rabbi Pedas, one is not obligated to prevent a child from violating a mitzvah of the Torah, provided that one does not ask or enable the child to do so. In other words, although it is prohibited to cause a child to violate a mitzvah, we have no obligation to prevent the child from violating a mitzvah, nor are we prohibited from placing a child in a place where he may choose to violate a mitzvah on his own.

The rishonim ask why the mitzvah of chinuch does not require preventing the child from violating Shabbos. Here I will present three widely-held approaches to answering this question.

Under age

One answer is that Rabbi Pedas’ rule that we are not required to prevent children from choosing to violate prohibitions applies only when they are very young — meaning that the child is below the age of chinuch, when we are required to educate him about the mitzvah (Tosafos, Shabbos 121a, s.v. shema). Thus, Rav Yitzchak bar Bisna brought only fairly young children to play in the area where the keys were lost. It would be prohibited, according to this approach, to cause older children who understand that we do not carry on Shabbos to carry the keys in a reshus harabim. This approach is quoted by the Rema (Orach Chayim 343).

Mitzvos Asei

A second approach to answer this question is more lenient, contending that the mitzvah of chinuch applies only to positive mitzvos, but does not apply to prohibitions (Rabbi Eliezer miMetz, the author of the Sefer Yerei’im, quoted by Tosafos Yeshanim, Yoma 82a; the same position is quoted by several rishonim to Yevamos 114a). According to this understanding, there are three levels:

  1. We are prohibited min haTorah from directly causing a child to violate a prohibition.
  2. We are required miderabbanan to train a child to perform mitzvos.
  3. There is no requirement at all to prevent a child from performing violations of the Torah that a child is doing on his own.

Isn’t this counterintuitive?

Is this approach not counterintuitive? In general, prohibitions are treated more strictly than positive mitzvos, and the punishments for violating them are usually more severe (Terumas Hadeshen #94). Why, in this instance, is the positive mitzvah being treated more stringently than the prohibition?

Some explain that the reason is because performance of a positive mitzvah usually requires more effort, and these mitzvos will be more difficult for him to observe when he becomes an adult. Therefore Chazal required the father to make certain that his child is habituated to perform mitzvos. They did not require chinuch on lo saaseh prohibitions, since they are passive (Terumas Hadeshen #94).

Only the father

I promised that I would share with you three approaches to explain how Rabbi Pedas permitted placing children somewhere where they will likely end up performing melachah activity on Shabbos. Is there not a mitzvah of chinuch?

A third approach to answer this question understands that when Chazal introduced the mitzvah of chinuch, they obligated the father, but no one else, to train a child to perform mitzvos. Since other people have no obligation of training a child to perform mitzvos, they are permitted to place a child somewhere where he may, of his own volition, violate a prohibition (Tosafos Yeshanim, Yoma 82a; Rambam, Hilchos Maachalos Asuros 17:28). This last approach is the one followed by the Shulchan Aruch (Orach Chayim 343:1), who writes: “If a child is eating non-kosher, beis din is not commanded to prevent him, but his father is commanded to rebuke him and prevent him.” The Rema cites this opinion also.

Remember, as we taught above, that all opinions prohibit directing a child to violate a prohibition. What is permitted is placing him in a position where he will, of his own volition, violate a prohibited activity.

In conclusion, we are prohibited from causing a male child to become tamei from contact with a corpse. According to the conclusion of the Shulchan Aruch, you are not obligated to prevent a child from making himself tamei, unless the child in question is your son.

What about duchening?

At this point, let us return to the question raised above: “I know that one must be very careful that a kohen, even an infant, does not become contaminated with the tumah of a meis. Yet I rarely see a child under bar mitzvah duchen. Is this consistent?” Now, that we have explained the background to the first part of the question, let us discuss the second part: Our questioner reports not seeing many minor kohanim perform the duchening.

The Mishnah (Megillah 24a) states that a child does not duchen, which Rashi explains is  because it is not respectable for a congregation to have a child bless them. Our question is whether the Mishnah means that a child should never duchen, or does it mean that he should not duchen when he is unaccompanied by an adult kohen? The issue being debated is whether the lack of dignity for the tzibur is any time a child is blessing the congregation or only when he does so by himself.

This issue is the subject of a dispute among early rishonim. Rashi (Sukkah 42a) rules that a child should never duchen, whereas Tosafos contends that it is fine for a child to duchen, as long as he does so together with adult kohanim (Tosafos, Megillah 24a s.v. Ve’ein). According to the latter opinion, it would follow that there is a mitzvah to train a minor kohen to duchen, just as there is a mitzvah to train him to perform other mitzvos. However, according to Rashi, since Chazal ruled that it is not a kavod to have a child duchen, then, clearly, there is no mitzvah of chinuch to train him to duchen. There were many places in Europe where the custom was to follow Rashi in this law. This is why our questioner has rarely seen a minor duchen. However, this is by far not a universally held practice. I have been in many places where I have seen kohanim who are under bar mitzvah duchen alongside adult kohanim.

Conclusion – Avraham and chinuch

We now know that there are specific halachic rules directing us how to educate and train  children in the observance of mitzvos, and also about our interactions that might cause an adult to violate a prohibition of the Torah. It is interesting to note that the only verse in the Torah that uses the word chinuch in relation to people is in parshas Lech Lecha, and there the verse refers to training and teaching adults to perform mitzvos. There the Torah teaches about Avraham that, in order to save his nephew Lot, vayarek es chanichav, literally, he emptied out those whom he had trained. As Rav Hirsch points out, the situation of saving Lot required Avraham to change direction from what he had been doing heretofore to develop his following to serve Hashem. Prior to this point, Avraham had taken his following, his disciples, and moved them away from civilization, into the mountains, so that they would not be influenced by the nearby social environment of Canaan, which was antithetical to proper values. Avraham’s previous chinuch had involved isolationism to grow the spirituality of his students. At this moment, serving Hashem required Avraham to expose his following to improper mores, albeit only temporarily, for the sake of saving Lot.

 

Can We Identify the Techeiles?

Parshas Shelach includes the mitzvah of wearing techeiles on our tzitzis. Rashi, in the beginning of Parshas Korach, mentions that the followers of Korach donned garments that were completely techeiles. Therefore, whether we are in a place that reads Shelach this week or one that reads Korach, it is appropriate to read about:

Can We Identify the Techeiles?

wool-1196345-640x640When we are commanded about wearing tzitzis, the Torah includes two mitzvohs. In addition to the mitzvah of wearing tzitzis threads on the corners of the garment, there is an additional mitzvah that some of the tzitzis threads should be dyed with a special dye called techeiles. (It is a dispute among the Rishonim how many threads are to be dyed techeiles. That topic we will leave for a different time.) This dye must be made from a species called chilazon (Tosefta Menachos 9:6).

Although the regular use of techeiles stopped over a thousand years ago, there have been a few attempts within the last 130 years to reintroduce the practice of wearing techeiles threads alongside the white threads. This article will present the differing opinions on this question and some of the issues that have been raised.

At the time of the Gemara, the nature of chilazon and its manufacture was still known and practiced (see Menachos 42b). However, some time after the period of the Gemara, the use of techeiles ended. By all indications, techeiles fell into disuse sometime after the period of Rav Achai Gaon, the author of the She’iltos, around 4520 (760). Although I have seen it claimed that by the time, techeiles was no longer worn in his era (The Royal Purple, page 112), Rav Achai mentions some of the halachos of wearing techeiles (see She’ilta 126). Although there is no indication that, in his day, he knew people who were still wearing techeiles, he also makes no mention of the practice no longer existing. The obvious reading is that he knows that some people may still be wearing it.

There is an allusion in the Ramban that, in his day, techeiles was still worn, although it is possible that he was referring to the color and not the source.

It is unclear why the Jewish people stopped using techeiles. Numerous theories have been suggested as to why wearing techeiles ended, but these are all theories with no evidence to support them. The wording used by the midrashim is: “now, we have only white tzitzis, since the techeiles was concealed” (Medrash Tanchuma, Shlach 15; Medrash Rabbah, Shlach 17:5). Some poskim understand that there are halachic or kabbalistic reasons why techeiles should not be worn until Moshiach comes (Shu”t Yeshuos Malko #1-3). According to this opinion, the Medrash means that the source of the techeiles was concealed, and it is to be revealed only at a future time when Hashem wants us to wear it again.

Other poskim disagree and contend that we should still attempt to fulfill the mitzvah of wearing techeiles on the tzitzis. They explain that the Medrash means that techeiles became unavailable. Rav Herzog, zt”l, who followed this approach, speculated that persecution by anti-Semitic governments ended the production of techeiles (The Royal Purple and the Biblical Blue, page 112). Still another possibility is that the knowledge how to produce the techeiles was lost, or that there was no longer availability or access to the chilazon, the source of the techeiles.

The Radziner Rebbe’s Research and Conclusion

In 5647 (1887), the Radziner Rebbe, Rav Gershon Henoch Leiner, zt”l, published a small sefer, Sefunei Temunei Chol, wherein he discusses the importance of fulfilling the mitzvah of wearing techeiles, even today. In his opinion, the Medrash quoted above means that techeiles became unavailable, not that we are not permitted to wear techeiles. The Radziner encouraged wearing something that may be techeiles, because one is possibly fulfilling a mitzvah min hatorah. Thus, he contended that if he could identify a species that may be the chilazon, and he could extract a dye from it, then one should wear tzitzis that are dyed this way.

The Radziner, himself, analyzed every place in the Gemara where the word chilazon is mentioned and defined what characteristics would help us identify it. Based on his analysis, he drew up a list of eleven requirements with which one could identify the chilazon. Among other requirements, these included that the chilazon would be located in the eastern Mediterranean Sea; that it must be able to live on land, at least for a brief period of time; that it produces a black ink and that it must have fins, bones, and sinews. The Radziner concluded that if one located a marine animal that meets all the requirements, one can assume that it is the chilazon.

Having completed his halachic research, the Radziner then began his scientific research to identify the chilazon. He traveled to Naples, Italy, to study marine animals that would meet all the requirements of techeiles. In Italy, he decided that the cuttlefish, which in many languages is called an inkfish, is indeed the chilazon from which one produces techeiles. The cuttlefish meets every one of the Radziner’s requirements for chilazon, including that it emits a dark dye, which is the reason why it is called an inkfish. The cuttlefish is not a true fish and is capable of living on land for brief periods of time.

The Radziner then published his second volume on the subject, Pesil Techeiles, in which he announced his discovery of the chilazon and all his proofs why the cuttlefish meets all the requirements of the chilazon. Subsequently, the Radziner published a third volume, Ein HaTecheiles, whose purpose was to respond to all the questions he had been asked regarding his identification of techeiles. The three volumes have been republished together under the title Sifrei Hatecheiles Radzin.

Reaction to the Radziner’s Proposal

Although the Radziner took much effort to present his case, most of the Gedolei Yisroel did not support his theory. The primary reason for his publishing Ein HaTecheiles was to refute those who had disagreed with him and to convince others of the validity of his approach. He attempted to get several great poskim to agree with him, particularly, Rav Yitzchok Elchonon Spector (the Rav of Kovno and the posek hador at the time), the Beis HaLevi (then the Rav of Brisk), Rav Yehoshua Kutno (author of Yeshuos Malko, the Rav of Kutno and considered one of the poskei hador, particularly among the chassidim), the Maharil Diskin (who had been Rav of Brisk and was living in official retirement in Yerushalayim), and Rav Shmuel Salant (the Rav of Yerushalayim). None of these Rabbonim accepted the Radziner’s proposal. Their reasons for rejecting his proposal are significant.

The Brisker Approach

Beis HaLevi wrote that he was convinced that because of mesorah, the inkfish cannot be the source of the techeiles. There are two versions as to why the Beis Halevi objected.

According to this namesake and great-grandson, Rav Yosef Dov Soloveichek of Yeshiva University and Chief Rabbi of Boston, the Beis Halevi held that when the Torah requires the usage of a specific type or species of item to fulfill a mitzvah, one cannot do so without a mesorah that this is the correct object being referred to. Attempting to identify the type or species on the basis of research, analysis or proofs will not help; nothing can be substituted for mesorah. Thus, no matter how compelling the evidence is that a specific species is the chilazon of techeiles, one will not fulfill the mitzvah of wearing threads dyed with this color without the substantiation of the mesorah (Shiurim Lezeicher Aba Mari, Volume I, page 228). When Eliyahu HaNavi returns as the precursor to the Moshiach, he will identify for us the mesorah he received from his rabbei’im and, thereby, we will be able to identify the proper techeiles.

However, the Radziner quotes that the Beis Halevi disagreed with him for a different reason. According to the Radziner, the Beis Halevi’s concern was that since the inkfish was a known species, why would klal Yisroel not have observed techeiles for over a thousand years, if it could have? This proves that inkfish is not the source of the techeiles (Sifrei Hatecheiles Radzin, page 191).

Other Counter Arguments

Rav Yehoshua Kutno and Rav Yitzchok Elchonon disagreed with the Radziner for a different reason. In their opinion, the Medrash quoted above should be understood literally, meaning that techeiles had been placed in genizah until Hashem again wants us to observe this mitzvah. Their assumption is that the species that provides techeiles is not currently available and will become so only when Hashem wants. Rav Yehoshua Kutno suggests several reasons why this happened, reasons that are beyond the scope of this article.

Others were opposed to wearing techeiles, because of sources in the writings of the Ari and other mekubalim that say that we are not to use techeiles until the rebuilding of the Beis HaMikdash, bimheira beyameinu. The Radziner did not agree with their interpretation of these sources.

An additional objection was raised against the Radziner’s position that one should wear questionable techeiles, since one may be fulfilling the mitzvah. This is based on the poskim who contend that one who places blue tzitzis that are dyed with a dye other than techeiles on a white garment does not fulfill the mitzvah. Therefore, it is preferable to wear white tzitzis, if one is uncertain (see Rama, Orach Chayim 9:5).

There were also objections to the Radziner’s conclusions on other grounds. Some objected to his choosing a non-kosher species as the source or the techeiles, since there are early poskim who contend that the techeiles must come from a kosher species. Others contend that the color of the Radziner’s techeiles was wrong, since Rashi states that techeiles is green.

On the other hand, there were some gedolim who considered the merits of the Radziner’s position. The Maharsham wore a talis with the Radziner’s techeiles, although apparently he did so only in private. However, in the final result, only the Radziner’s own chassidim and some Breslever chassidim wear the techeiles that the Radziner introduced.

Rav Herzog’s Research

More than twenty years after the Radziner’s passing, Rav Herzog (later to become the first Chief Rabbi of Israel) researched the source for the techeiles. This was done as Rav Herzog’s doctoral dissertation and is now published under the title, The Royal Purple and the Biblical Blue. In his analysis of the halachic issues involved, Rav Herzog accepted most of the Radziner’s opinions and interpretations. However, there are some aspects of the Radziner’s approach with which Rav Herzog took issue. Whereas the Radziner assumed that every place in the Gemara mentioning chilazon refers to the chilazon that was used in making techeiles, Rav Herzog assumes that the word chilazon means a sea snail, and not necessarily the snail used in making the techeiles. Thus, in Rav Herzog’s opinion, not all of the Radziner’s requirements in determining the species for the techeiles are accurate (The Royal Purple…, page 76). Therefore, Rav Herzog focused on determining, from among the numerous species of sea snails, which ones are the most likely candidates to be the chilazon that was specifically used for producing techeiles dye.

There is one major point of the Radziner’s conclusions with which Rav Herzog took issue. Rav Herzog took samples of the dye recommended by the Radziner as techeiles and had them chemically tested. Based on results that he received from laboratories, Rav Herzog concluded that the blue color that results from the Radziner’s techeiles is not caused by anything in the cuttlefish ink. The chemists he consulted contended that the color is an artificial dye named Prussian blue, which was created by the chemicals added as part of the processing. Since he could not discern anything in the cuttlefish that causes the blue coloring, Rav Herzog reaches the conclusion that the cuttlefish could not possibly be the source of the techeiles (The Royal Purple…, page 116). (There are answers to explain how the Radziner might have responded to this question that are beyond the scope of this article. I believe that there is a website that discusses this.)

Rav Herzog conducted much research on which sea snail is the most likely source for techeiles. However, in his conclusion, he rejects each of these species because they do not meet all the requirements listed by the Gemara and Rambam. Thus, after much scientific and halachic research in his dissertation, Rav Herzog did not have a source of techeiles to recommend. However, in Rav Yechiel Michel Tukachinski’s work, Ha’ir Hakodesh Vehamikdash (Volume V, page 55), written many years later, he cites Rav Herzog as having decided that one of the species is, indeed, the correct source of the techeiles, although a careful reading of Rav Herzog’s article there implies that he was still undecided.

A point to note, is that Rav Herzog’s basic assumption, that chilazon must be a sea snail is based on his extensive background in linguistics. However, this is not a halachic argument. Each of the reasons mentioned by the poskim who disagreed with the Radziner’s proposal applies to Rav Herzog’s suggestions. We should also note that, in his explanation of the Gemara in Shabbos, which discusses how the techeiles dye is extracted from the chilazon, Rav Herzog took issue with how Rashi explains the Gemara. (The question is whether the word potzei’a in the Gemara means to squeeze the fluid dye out of the chilazon or to smash it.) I will note that Rav Herzog’s approach is probably the more obvious way to understand that passage of Gemara, and yet Rashi clearly rejects it. Although Rashi presumably never saw techeiles removed from the chilazon, he obviously had a compelling reason for interpreting the Gemara as he does. Until the era of techiyas hameisim, we will never know whether Rashi had a compelling proof from Chazal, an oral tradition, or ruach hakodesh that told him why he should understand the Gemara this way.

Recently, some have attempted to answer the questions raised by Rav Herzog regarding which sea snail is the source of the techeiles. These researchers have suggested that one of the species of sea snail named Murex trunculus may, indeed, be the source for techeiles. Rav Herzog rejected this species as the source for techeiles for several reasons that these researchers feel that they have resolved. Several works have recently been published advocating the wearing of tzitzis dyed with Murex trunculus extract, as a fulfillment of the mitzvah of wearing techeiles. One of the reasons cited as strong evidence of Murex trunculus being the source of techeiles is that it is rare to find in the marine world anything that will naturally produce a blue dye, and that since this snail is found in the correct geographic location, this should indicate the likelihood of it being the source of the techeiles.

It should be noted that the method currently used to process the dye from the Murex trunculus cannot be the correct method of dyeing techeiles threads. This is for the following three reasons:

  1. The current method of extracting dye from Murex trunculus involves removing a gland from the snail, which would involve the melacha of gozeiz, removing part of a living creature. (According to many poskim, one violates this also by removing part of a creature that has since died.) Clearly, this could not have been the method of removing the dye from chilazon in earlier days, as can be proved from the Gemara (Shabbos 75a), since although the Gemara mentions other prohibitions, it omits mention of this one.
  2. Another objection is based on the fact that it can be demonstrated from the Gemara that the removing of the source of the dye from the chilazon kills it, although one would prefer that the chilazon remain alive for as long as possible. However, in the process used to remove the dye from murex, the snail can remain alive for several hours after the process has been completed.
  3. A third problem with the current method of using Murex trunculus requires an introduction. At the time of the Gemara, there were unscrupulous individuals who sold threads dyed with a coloring called kla ilan. This coloring is not kosher as techeiles, and therefore, someone wearing it on his tzitzis would not fulfill the mitzvah of wearing techeiles. According to the Aruch, kla ilan is indigo, a vegetable dye that has a blue color. Thus, the Gemara was concerned about someone selling indigo-colored threads as techeiles threads to an unsuspecting buyer. The Gemara describes a test that can be used to check whether the threads are kla ilan or techeiles, by testing the threads for colorfastness, whereby kla ilan would fade, whereas techeiles would remain fast. However, if the dye produced from Murex trunculus is indigo, and the substitute is also indigo, how could a chemical test for colorfastness be used to determine what was the source of the indigo?

We can also note that, in addition to the source quoted above from Rashi, it is quite clear that the Rambam could not identify Murex trunculus as the source of the techeiles. The Rambam describes that the “blood” that is the source of the techeiles is black when removed from the chilazon. The gland extract removed from Murex trunculus is clear when it is removed and changes color afterwards.

Obviously, I am not the first one to note these difficulties with the process of extracting dye from Murex trunculus. However, the responses I have seen to answer these questions are tenuous. It should also be noted that the descriptions used by Chazal to identify the chilazon are not a very smooth fit to Murex trunculus.

In conclusion, I personally remain unconvinced that either the inkfish or Murex trunculus are the correct sources of techeiles. It is also seems clear to me that the list of prominent poskim who disagreed with the Radziner would all still feel that we do not have access to the true techeiles.

 

Rav Tzvi Pesach Frank, an Appreciation

Why do some people who keep cholov Yisroel use products made with regular powdered milk?

Can I wear a talis koton made out of nylon?

May one build an eruv around Manhattan?

These and thousands more shaylos were asked of the rav of Yerushalayim, Rav Tzvi Pesach Frank, whose yahrzeit is on the 21st of Kislev.

First, I will provide a brief biography of Rav Tzvi Pesach Frank, zt”l, followed by a discussion of some of his piskei halachah.

Rav Tzvi Pesach Frank was born in Kovno, Lithuania (then part of Russia), on the 4th of Tishrei, 1873 (5634). Kovno was a city full of talmidei chachamim, including Rav Tzvi Pesach’s father, Rav Yehuda Leib Frank. Rav Yehuda Leib had studied in the Volozhin Yeshiva for many years and, after his marriage, his wife supported the family while he continued to learn. As a youth, the young Tzvi Pesach outgrew the town’s melamdim at a young age and he continued to learn by himself in the shul, among married men much older than he.

Rav Tzvi Pesach’s early years were enriched by the contact he had with Rav Yisrael Salanter, who visited Kovno periodically to give shiurim, as well as by contact with Kovno’s rav, Rav Yitzchak Elchanan Spector. He later studied in the yeshivos of Rav Itzele Rabinowitz, known in Yeshivah world as Rav Itzele Ponovitcher, and in Telz, where he learned under Rav Shimon Shkop and Rav Leizer Gordon.

In 1892, Rav Yehuda Leib, Rav Tzvi Pesach’s father, decided that the time had come to move to Eretz Yisroel. He was particularly concerned for the welfare of his two older sons, Tzvi Pesach and Tanchum, who were in danger of being drafted into the Russian army. The two boys were therefore sent to the Holy Land ahead of the rest of the family. Rav Tzvi Pesach and Tanchum, together with a cousin, arrived in Yerushalayim in the fall of 1892.

Three years after he came to Yerushalayim, Rav Tzvi Pesach married. Two years after his marriage, several students of the Alter of Kelm, Rav Simcha Zissel Ziv, opened a Beis Mussar in Yerushalayim, and Rav Tzvi Pesach joined it. The Beis Mussar developed a kollel, where Rav Tzvi Pesach continued to grow in his learning.

THE YERUSHALAYIM BEIS DIN

The first Ashkenazi beis din in Yerushalayim was established in 1841 by Rav Shmuel Salant, the city’s rav. In 1907, Rav Tzvi Pesach, who had already begun teaching in Eitz Chaim Yeshiva, was appointed to the Yerushalayim Beis Din. He was to serve on this beis din until an advanced age, and from the start he was a well respected and astute dayan. When the Rabbonim and Beis Din of Yerushalayim organized the first modern Otzar Beis Din for Shevi’is in 5670 (1910), Rav Tzvi Pesach was one of the dayanim who signed as a member of the Beis Din.

He was a dayan and a poseik in Yerushalayim for over 50 years, the rav of Yerushalayim for 36 years, and a member of the Council of the Chief Rabbinate in Eretz Yisroel since its inception. In all these capacities, Rav Tzvi Pesach led and guided Klal Yisroel, teaching them what the Torah expected, even in the most challenging situations.

In the difficult years of World War I, he would not let hunger or worry distract him from learning. Quoting the sefer Akeidas Yitzchak, he said, “When a person is found in a situation of poverty, he will be able to learn and grow in Torah.” Following this teaching, Rav Tzvi Pesach gave shiurim and clarified halacha, even when there was no food to be had. He would sacrifice a bit of oil from his daily diet in order to learn by lantern, at night. When he lacked even this oil, he would learn by moonlight.

The Jews of Eretz Yisroel, and the rest of the world, rejoiced when the British captured the country from the Turks. The Balfour Declaration, which promised the Jews that Israel would become their national homeland, gave new hope to the war-weary people.

Anticipating new waves of aliya, Rav Tzvi Pesach began encouraging roshei yeshiva in Europe to move their yeshivos to Eretz Yisroel. Eventually, Rav Tzvi Pesach’s efforts bore fruit, and the Slobodka Yeshiva (under the leadership of Rav Moshe Mordechai Epstein and Rav Nosson Tzvi Finkel) moved first to Yerushalayim and then to Chevron, while the rosh yeshiva of Slutzk, Rav Isser Zalman Meltzer, moved to Yerushalayim.

DEVELOPING THE HOLY LAND

In the years following World War I, the Chief Rabbinate was established in Eretz Yisroel. It was viewed with mixed feelings by the religious community. Rav Tzvi Pesach joined the organization with the hopes that it would represent the Torah beliefs on different aspects of life in Eretz Yisroel. In 1918, he became the head of the Yerushalayim Beis Din.

Rav Tzvi Pesach’s love for Eretz Yisroel knew no bounds. He encouraged the creation of agricultural settlements, particularly among frum Jews, and he was always pained by the sight of settlements that did not keep the halachos pertaining to the Land properly. The way to improve the situation, he believed, was to increase the awareness and knowledge of these halachos.

In a letter, he explained his position clearly: “We must establish regular shiurim on these halachos, as our master and teacher, the gaon Rav Yisrael Salanter, wrote in his letter of mussar — the most exalted and fundamental cure…for the wiles of the evil inclination is to learn the Gemara and poskim on the subject vigorously and with great depth….”

Rav Tzvi Pesach also encouraged the purchase of Jewish products over non-Jewish products.

RAV OF YERUSHALAYIM

In 1935, Rav Avraham Yitzchak Kook passed away, leaving the positions of rav of Yerushalayim and chief rabbi of Eretz Yisroel vacant.

Rav Tzvi Pesach Frank was considered the best candidate for these positions. However, when he was approached with the request that he fill the roles, he declined the offer. He felt that the job of chief rabbi would involve too much time that could better be spent learning. In the end, he agreed to become the rav of Yerushalayim, but not to accept the rabbanus of Eretz Yisroel, which was eventually filled by Rav Herzog.

One of the most difficult things that Rav Tzvi Pesach had to contend with was chillul Shabbos. There had been virtually no chillul Shabbos in Yerushalayim prior to World War I, so the desecration of Shabbos in the holiest city on earth pained him terribly. He tried to minimize it, however he could.

In the days of the British Mandate, Rav Tzvi Pesach wrote letters to the British rulers, begging them to enact a law against public Shabbos desecration. He wrote them that his goal was not to compel every individual to observe Shabbos, but that he wanted stores to be closed and that the Hebrew radio hour should not be broadcast on Shabbos.

WAR AGAIN

In 1939, World War II broke out, bringing with it the destruction of European Jewry. Rav Tzvi Pesach, in Yerushalayim, organized days of prayer and fasting on behalf of the Jewish people. He urged his fellow Jews to improve their service of Hashem, in the hope that this would avert disaster. In a letter, Rav Tzvi Pesach wrote comfortingly, “For the Jews, a day is composed of night and then day. For non-Jews, a day is a day and a night. Why is this so?

“The main realm for Jews is the World to Come. Therefore, darkness precedes the light, and we consider a day to begin with the night and end with the day. Non-Jews, however, enjoy only this world, and afterwards they will be in darkness. They experience first day, and then night.”

LEADER OF A FLOCK

Later, as the fledgling country of Israel began to develop, organizing its government, army, industry, economy, education and health care, Rav Tzvi Pesach emerged as one of the, and perhaps the foremost, halachic authorities of his generation. He answered numerous shailos on technology, medicine and industry, covering every subject from powdered eggs to hydroponics.

At this point, let us examine some of his well-known halachic positions:

POWDERED MILK

Those who allow use of non-chalav Yisroel powdered milk follow the opinion presented by Rav Tzvi Pesach Frank. Rav Frank assumed that the halacha follows the Chasam Sofer, who requires Jewish supervision to permit non-Jewish milk, and did not accept the heter of the Pri Chodosh (Yoreh Deah 115:15), who understands that one needs to be concerned about chalav akum only when the non-kosher milk is less expensive than the kosher variety, nor the heter of the Igros Moshe and the Chazon Ish that the takanah did not specifically require that a Jew attend the milking, but that it is permitted when one is completely certain that there is no admixture of non-kosher milk (Igros Moshe, Yoreh Deah 1:47). Nevertheless, Rav Frank permitted powdered milk from an unsupervised gentile source for a different reason.

The poskim permit using cheese that is gevinas Yisrael and butter (I explained  both these topics in other articles), even when these products were made from unsupervised milk. Why did they permit this? Because non-kosher milk is low in casein; it does not curd, which is the first step in producing cheese; and it is also low in milk fat (also called butterfat or cream), which makes it non-profitable to make butter from non-kosher milk.

Rav Frank notes that there is a significant qualitative difference between cheese and butter, on the one hand, and powdered milk, on the other, in that there is an inherent problem with making cheese and butter from non-kosher milk, whereas one can powder any milk. Thus, one could argue that the leniency that applies to cheese and butter should not apply to milk powder, as indeed the Chazon Ish concludes.

However, Rav Frank quotes the Ritva (Avodah Zarah 35b), who pointed out that, technically, one could make cheese even from non-kosher species, but the cheese yield from these milks is very poor, and when the milk curds, most of it becomes whey. Thus, although it is theoretically possible to make cheese or butter from non-kosher milk, the halacha does not require one to be concerned about this. Rather, one may assume that a gentile would not adulterate this milk.

Rav Frank concludes that what permits the unsupervised milk used in cheese and butter is not that it is impossible to use non-kosher milk for this process, but that it is unlikely. Thus, he reasons, although one could powder non-kosher milk, the prohibition of chalav akum was limited to fluid milk and other products available in the days of Chazal which could easily be made from non-kosher milk. Since powdered milk did not exist in the days of Chazal, and since we are certain that standard, available powdered milk is of bovine origin, the prohibition against chalav akum does not apply to milk powder, just as it does not apply to butter and cheese.

NYLON TZITZIS

Another responsum authored by Rav Frank (Shu’t Har Tzvi, Orach Chayim 1:9) discusses whether one fulfills the mitzvah of tzitzis with a four-cornered garment made of nylon. He discusses whether nylon should be comparable to leather, which is exempt from the mitzvah of tzitzis. Rav Frank concludes that leather is not obligated in tzitzis, because it is not woven. He then notes that there are two types of nylon garments, one made from woven nylon thread, which he rules would be required to have tzitzis, and one made from sheets of nylon, which are not woven and are therefore absolved from the mitzvah of tzitzis, just as leather is.

DRINKING BEFORE YOUR ANIMALS

Why should drinking be permitted before one feeds one’s animals when it is forbidden to eat, and, according to many authorities, even to have a small snack? Rav Tzvi Pesach Frank (Shu”t Har Tzvi, Orach Chayim 1:90) provides two reasons for this distinction. First, suffering from thirst is far more uncomfortable than suffering from hunger, so the Torah did not require one to remain thirsty in order to make sure that the animals are fed. Second, the Torah forbade eating before feeding one’s animals out of concern that once one gets involved in eating, he may forget to feed his animals. Drinking does not create this concern, since it takes less time.

COTTONSEED OIL ON PESACH

Rav Pesach Frank (Sefer Mikrai Kodesh, Hilchos Pesach vol. 2 pg. 206) permits the use of cottonseed oil on Pesach, and quotes that Rav Chayim Brisker permitted its use. Cottonseed is not a food at all and, also, does not grow in any way similar to grains, unlike canola that grows similar to the way grains grow. However, Dayan Yitzchak Weiss of the Eidah Hachareidis writes that he is uncertain whether cottonseed oil may be used on Pesach. He cites sources that the prohibition against kitniyos includes any item stored the way grain is stored and forbids eating any seeds, grains, or anything derived from them (Shu’t Minchas Yitzchok 3:138:2 and 4:114:3). As a result, many hechsherim in Eretz Yisroel, for example, the Eidah HaChareidis, treat cottonseed oil as kitniyos, whereas the prevalent practice in the United States allows it.

DESTROYING A FRUIT TREE

Here is another psak of Rav Frank:

“We just moved into a new house, and the only place where we can put a sukkah is in an area which is shaded by a fruit tree. May we chop down the tree, in order to have a place to build our sukkah?” Rav Frank analyzes the topic and is inclined to be lenient, reasoning that the performance of a mitzvah cannot be considered a destructive act. He concludes that one should have a gentile remove it, but not as an agent for a Jew (Shu’t Har Tzvi, Orach Chayim II #102).

ERUV IN MANHATTAN

Rav Menachem Kasher asked Rav Frank whether one could build an eruv in Manhattan. Rav Frank answered that he was not in a position to answer the question specifically, but that, in general, he was in favor of the concept (Shu’t Har Tzvi, Orach Chayim II #24). In this particular psak, he followed a position that was disputed by many of the famed poskim and gedolim of the New York area, including Rav Moshe Feinstein and Rav Aharon Kotler, both of whom published teshuvos to the contrary.

Rav Frank’s teshuvos tend to be on the short side, and are written by explaining the sources of the halachos involved and the basis of his psak in a very clear way. He does not quote many later sources, but, rather, explains clearly how to understand the central issue of the topic and prove why the approach he is following is correct.

Always learning, always clarifying halachos — to his last days, Rav Tzvi Pesach remained the leader of his people in Yerushalayim and the rest of the world. He passed away on 21 Kislev, 1960 (5721), after over half a century of dedicated learning and serving the Klal.