Parashat Emor: The Uneven Scales of Justice

An awful wrong now righted. The scales of justice balanced once more. "Justice has been done," said the President. Such was the national reaction to the announcement that Osama bin Laden had been killed by U.S. forces.

It called to mind the verses read in this week's portion: "If a man maim his neighbor; as he has done, so shall it be done to him: breach for breach, eye for eye, tooth for tooth...but he who kills a man, shall be put to death." (Lev. 24:19-21)

There was symbolism in the report that the bullet that finished bin Laden pierced his left eye. But shall we call this justice?
It is quite striking that all the examples given in the verses above are in the singular, 'one eye, one tooth...he who kills one man.' It begs the question, what if the offenses are many? What if there were two eyes or two men? What if, as on September 11th, it was not one soul that perished but three thousand?

Some families of the victims of 9/11 must have wondered: 'Pity, he only had one life with which to repay this country.' Or at the very least, 'Could they not have shot him in the right eye as well?'

In Jewish tradition, the phrase 'an eye for eye, tooth for tooth' is not meant to prescribe the gouging of a retina or the disgorging of a molar, rather it is meant to describe the method by which financial compensation ought to be assessed. "The value of an eye...the value of a tooth." (Rashi, Lev. 24.20) But if money is meant--why not say so?

Here is the answer of the Maharal of Prague: 'Do not imagine that once a smiter has paid compensation, he is absolved of all responsibility and is no longer culpable, akin the case of maiming a beast, where one pays and has no further obligation. In contrast, even after compensating the victim for the injury of a hand, one has not discharged one's obligation until one has asked forgiveness from the victim and been granted pardon. For this reason, the Torah states that the punishment is that the smiter be similarly struck..." (Gur Aryeh, Lev. 23.20)

Osama died without regret. He died without our pardon. True, a great enemy of ours was struck down. Deservedly. But true justice belongs to the Lord.

Photo Captures Changing Notions of Race and Women

A black man who protects Americans instead of threatening their security. A woman, at the seat of power, instead of on the sidelines. This photo marks the loosening of some of our most deeply ingrained stereotypes and prejudices. Read more at CNN.

How to Buy Kosher Fish from a Non-Kosher Market:

There are all kinds of warnings (health and environmental) about certain fish, i.e. farm-raised Salmon, Asian Tilapia, Bluefin Tuna and the like. So it’s a common enough question put to rabbis: ‘Is it permissible to buy a fillet of kosher fish from a local fish store or supermarket?—as the latter typically have a far a wider selection than those of a kosher market. (For those who live in areas without a proliferation of kosher markets—this may be a basic question of survival.)

The overriding concern is that the fish vendor who cut your salmon may not have cleaned the knife or counter beforehand and some shmal­tz from say, Shark or Shellfish, may have found its way onto your fresh filet of Sole. (Yuck!) Obviously, some vendors are very clean, thus the chances of this happening are quite slim. As for those who are less than hygienic, a call to the local health inspector may be more effective and appropriate than a phone call to the rabbi.

In any event, after purchase one must simply rinse the fish well under the kitchen faucet. (Hebrew: “shifshuf v’hadacha”)  Thus if any foreign particles did find its way onto your fish, it will be flushed down the drain.

[For those who wish to review the matter in the Shulchan Aruch and relevant commentaries, here are the appropriate sources: Shach YD 96.16; Torat Chatath 61:9; Aruch HaShulchan YD 96.21; Pitchei Teshuva YD 96.5; Shut Chovoth Yair #179. Furthermore, as raw fish, like raw meat, is rinsed for hygienic purposes before cooking, the case is very much comparable to that found in the Shulchan Aruch YD 91.2. There, consent is granted to store cold raw meat in a non-kosher pot, as one will inevitably wash the meat before cooking.]

One should mention the fastidious custom of those who lightly scrape the cut edges of the fish with a knife. (Cf. Chovoth Yair #179) Additionally, there are those who will even bring their own knives and cutting boards to the fish store. May they be rewarded for their piety…

Just a reminder. If you purchase fish that is not readily recognizable by its distinguished color and tone (that is species other than Salmon or Tuna), be sure to buy fish with some skin still attached, so that you can verify that the fish has scales and is therefore from a kosher species. For a list of Kosher and non-Kosher fish, click here.

A Prophet Advisory

The good king must have good counsel. David had his Nathan. Saul had his Samuel. Lucky for them, their prophets were reliable, even if their counsel went ignored. (See for instance: I Samuel 13 or I Sam 15) But what if you just don't know which prophet to trust? Say there are a few to choose from...like Psychics in West LA... What then does the good king to do? 

Across the Mediterranean, Croesus (595 BC – c. 547 BC) King of the Lydians, needed some seriously inspired counsel that could help him decide whether is was a good idea to pursue immediate war against the Persians. After a bit of market research--he found the Oracle of Dephi to be most reliable...but he made one fatal error. Here I quote an excerpt from The First Clash by Jim Lacey: 

“According to Herodotus, prior to starting his war with the Persians, Croesus sent envoys to determine the accuracy of each of the major oracles used by the Greeks to foretell the future. After putting each to the test, Croesus decided that the oracle of Delphi was the most accurate. He sent envoys bearing rich gifts to inquire as to the outcome of a war between the Lydians and the Persians. He was much cheered by the Delphic oracle’s promise that if the Lydian army marched against the Persians, a great empire would be destroyed. Unfortunately for Croesus, it did not occur to him to ask another important question: Which great empire would be destroyed? He interpreted the oracle’s words as it best suited his desires and forwarded immense gifts to Delphi, and to several other temples, to secure the full support of the gods.”

Well, to make a long story short. Croesus lost his war against Cyrus and the Persians. In this, I have divined three things: 

First: Never trust an Oracle. (Cf. Leviticus 20:27)

Second: If you are an oracle or weatherman, keep the forecast vague. 

Third: If we are compelled to go to war with Persia, don't do market research.

Pioneer Woman

No she doesn't live on the West Bank. She lives in Oklahoma.
And the more she talks about heifers and steers and bales of hay,
the more I appreciate tenderloin. If you just need to get of the City,
but will settle for another part of the internet, check out Ree Drummond's blog. It's bovine.

Leadership on the 405 Freeway

Monday morning on the 405 North, a highway patrol car began flashing its siren lights about a quarter of a mile ahead of me.  At first, vehicles directly in front of the patrol car began to bear right—some drivers likely checking their speedometers with some anxiety. But no one was pulled over. Instead a gap started to emerge in the immediate vicinity of the squad car, whereupon the squad car began to sail from the Left Shoulder to the Right Shoulder and back again. After a mile of this bizarreness, I realized that the space ahead of the patrol car had grown to several hundred yards and the speed of traffic directly behind the squad car was gradually slowing…63…62...61...60…59mph…

As I took the next off-ramp, I shook my head in amazement: ‘A single patrol car can halt an entire freeway.’

Online, I came across the following thread:  “A cop will swerve across all lanes back and forth, slowly bringing the speed down until everyone is going about 30. The further back they slow traffic, the longer they have to clear the obstruction. This is usually done without actually stopping traffic.”

I recall something the Stipler Rebbe once said, “A leader must see a thousand miles in every direction.”

With enough foresight anything is possible. 

How to Be a Mikveh Attendant:

What is the precise halachic role of a mikveh attendant? I have been asked this a number of times, and here I  share some general thoughts.

Truth be told, it is very limited, there is but one obligation. In the words of the Shuchan Aruch:

"When a woman immerses, there needs to stand next to her an adult Jewess, who is at least 12 years and 1 day old, who can observe if any hair of her head is floating above the water..." (Yoreh De'ah 198.40)
In other words, a mikveh attendant's role is to make sure that the woman's hair is completely submerged in the water.  Everything else, from checking for dirt under the nails to sifting through loose hairs and the like, are extraneous customs grounded in any number of the following: local tradition, piety, ignorance, or a desire to keep the mikvah clean. In the view if the Shulchan Aruch, a woman is trusted to check her own body without assistance and she is trusted to immerse the entire body completely, with the sole, exceptional, concern of the hair. In fact, were it the case that a mikvah attendant could not be found (and one's husband is not available), the Shulchan Aruch goes on to state as follows:

"If there is no one to stand next to her, or in the (darkness) of night [whereby it is difficult to see floating hair], she should wrap her head using hair-thread that does not impede, or wool thread, or (use) a strap upon her head, so long as it be loose or the coils of thread are mesh-like. Alternatively, she may put a loose cloth over her head." (YD 198.40)

The latter is echoed by the Aruch HaShulchan and Rav Obadiah Yosef. (A.H. YD 198.87; Taharat HaBayith Vol III:45 #172) Similarly, Rav Yitzchak Abadi recommends that a hairnet be used when no attendant can be found. (Or Yitzchak Vol. I #29 Page 304)

Not to put to fine a point on it, the Maharshak rules 'that if a woman is fastidious and does not fear the water, she can grasp her hair with her hand (to keep it down), immerse to a good depth, and then let go of her hair underneath the water.'  (Tifereth Shmuel -Commentary on Rosh's Hilchot Mikvaoth #28) The latter is cited approvingly by the Aruch Hashulchan among other authorities. (A.H. YD 198.87; Pischei Teshuva YD 198.43; Taharat HaBayith ibid; Otzer Meforshim YD 198:40-- in Shulchan Aruch HaBahir)

Although it is not recommended by this author or anyone else to do this without proper consultation, nevertheless, by appeal to unusual circumstance, the general point is made abundantly clear. The halachic obligation of a mikveh attendant, though quite important, it is rather limited in scope. In light of this, perhaps it is time to reframe the emphasis of the conversation. The question is not 'what are the halachic obligations of the mikvah attendant?' rather the question ought to be 'what are her human obligations?'

A few suggestions:
To be respectful and warm, to offer help when it is asked for, to shy away from criticism of any kind, not to touch unless prompted, to keep the confidences of others, to embody the Ahavat Yisrael esteemed by our matriarchs of old....