IS TAKING ON DISCRETIONARY CHUMROS ALLOWED?

Selected Halachos from the “One Minute Halacha” project
By HaRav Yosef Yeshaya Braun, Shlita, Mara D’asra and member of the Badatz of Crown Heights

 “WHAT A GESHMAKE SHIUR” VS. “THAT’S MY FAVORITE PARSHA”

“Z’miros hayu li chukecha…” (Your statutes have been my songs), Dovid HaMelech says in T’hillim, to describe how the Torah brought joy and solace to his soul while undergoing his many hardships in life. The Gemara states that Hashem admonished him for this statement, and as a result he would forget a basic tenet of Torah Law at a crucial time.

My Two Cents and the Torah

We must always be mindful that Torah is first and foremost chochmaso shel HaKadosh baruch Hu (the Wisdom of G-d) beyond our finite capabilities to comprehend; we are granted the opportunity to grasp aspects of it through intense study only as a chesed (kindness). We are therefore warned not to pronounce personal judgment on Torah subjects. The Gemara casts aspersions on those who exclaim, “shmua zu na’ah u’shmua zu einah na’ah” (this statement [of Chazal] is nice and this one is not).

Regarding this precept, the Maharsha and other commentaries explain: it is problematic not only to draw comparisons of good and bad, but even to state an opinion inferring preference by saying, “shmua zu na’ah.”

This applies equally to all of Torah; we should not verbalize that we favor a certain facet of Torah over another, and certainly not deride a certain subject. For example, saying “Why learn Kabbala or Chassidus?” is similar to saying shmua zu einah na’ah.

The Kitzur Shaloh rules that a gabbai (shul officer) who auctions off aliyos (being called to a Torah reading) should not label a specific aliya as a “gut parsha” (good segment). This comparison to other readings would be deemed a violation of “shmua zu na’ah”, even if done in order to entice buyers.

Please Don’t Praise the Pasuk

At the time when a curriculum was being formed in schools by the maskilim (the 18^th century Jewish “Enlightenment” movement), they proposed a collection of select p’sukim (Torah verses) from Tanach for the children to learn. This anthology—choosing particular p’sukim and rejecting others—was decried by g’dolei Yisroel (contemporary Jewish leaders) as an infringement of the Gemara’s cautionary advice against stating “shmua zu na’ah.”

(An obvious exception to the Gemara’s rule applies when confronted with a dubious assertion in the realm of halacha or hashkafa (Torah values)—not only must we say “einah na’ah,” we are encouraged to vociferously protest it.)

How about Homage for Homiletics?

But we hear it all the time: “Wow, what a geshmake shiur!” (enjoyable Torah class) the inspired learner exclaims. Is this halachically prohibited, too?

One explanation brought to support such emotive reaction is that it’s usually in response to a drush (interpretations of the text) or pilpul (multi-text analysis)—not to Torah passages and halacha. Furthermore, when someone studies Torah with the intent of improving their avodas Hashem (service of the Creator), deriving physical pleasure from their learning increases the long-term effect on the person, including his nefesh ha’bahamis (animal soul, a person’s non-spiritual life-force). “Geshmak!” is thus a statement on the nefesh ha’bahamis and not on the Torah per se.

THE YESES AND NOES OF THE BREAKAWAY MINYAN

It can happen quite frequently in large shuls (and less often in mid-size ones): You come to daven on Shabbos to find that a small but significant group of congregants have “seceded” from the shul to form their own minyan (prayer quorum) elsewhere. “Good for them!” some of the remaining shul-goers may say, while others may wonder, “Is it kosher?”

The Upside of Up and Leaving

The pros and cons of the so-called “breakaway minyan” are discussed among poskim. This phenomenon may begin with a small quorum that finds an alternate place to daven from the main sanctuary, but it can also be another shul in a different location. A new shul, and possibly even a minyan, can be viewed as a positive thing: another space dedicated to k’dusha (holiness) for Torah study and davening. It may enable some people to daven more assiduously, especially if unresolved differences of opinion previously disturbed the peace.

Separating the congregation may at times provide a minyan for a congregant with a chiyuv (mourner’s obligation to pray*). The shul may already have an established baal t’filla (prayer leader, colloquially called a “chazzan”) or another chiyuv. Indeed, the common minhag (custom) is to form two minyanim when two chiyuvim are present.

Congregation vs. Segregation

However, there are some grave halachic concerns with forming a new minyan. Taking people away from the main congregation decreases the advantage—and halachic principle—of b’rov am hadras melech (In multitudes there is glorification of the King), which Chazal interpret as the largest possible assemblage of daveners.

While many times machlokes (dispute) in the congregation is the reason for the breakaway, seceding from the shul may cause even more conflict. Soliciting congregants to complete the new minyan is actually a form of g’zeila (stealing). In addition, in a neighborhood that would have difficulty sustaining the outlay an additional shul demands, forming the new minyan can be a violation of hasagas g’vul (lit., boundary infringement—usually referring to opening a competing business and causing financial loss to the established enterprise). Many poskim address those who leave, urging them to return to the original minyan in order to foster darchei shalom (ways that promote peace).

The Halachic Consensus

Halachic authorities deem it permissible to form a new minyan or shul l’shem Shamayim (for the sake of Heaven) and with legitimate motive (although it is not recommended to found a minyan in a private home unless there are extenuating circumstances, since it does not possess the k’dusha of a shul). The standard of b’rov am may be suspended for a chiyuv or if the new minyan davens a different nusach (variation of the prayer texts unique to one Jewish community or another) from the old congregation. If there are size, layout or character deficiencies in the original shul that would allow for increased kavana (concentration during prayers) in a new place, there is also dispensation to relocate. However, the breakaway group must take care to avoid the pitfalls of machlokes, “stealing” congregants and hasagas g’vul. It is preferable to establish the new minyan within the existing shul rather than move elsewhere.

Separating completely from the old shul can sometimes promote shalom in both locations, and it may well increase kavana (which was less possible when machlokes raged), but attempting to resolve disagreements or political differences through diligent effort—achieving true shalom—must prevail over seceding, as mentioned previously.

A new shul built outside the immediate neighborhood of the established one that would encourage those who were not shul-goers previously to now daven b’tzibbur (as part of a congregation) because it is more accessible, can be the stated benefit of a breakaway minyan.

*In the first eleven months after a parent’s passing and on their yahrtzait (anniversary of their passing each year), the mourner leads the davening as baal t’filla (as codified by the Rema) and thereby recites Kaddish for the aliyas ha’neshama (ascendance of the soul) of his father or mother.

A GENERATIONAL GAP: LET’S TALK ABOUT CHUMROS

With regard to certain aspects of halacha, we are enjoined to be cautious about adding chumros (halachic stringencies) to the law, “Shelo lehotzi la’az al harishonim” (so as not cause denigration of our forbears’ practices). The more lenient—yet halachic—manner in which previous generations practiced these laws will thereby call forth criticism: “Our grandparents in the shtetl weren’t so particular about…”

In with the Old

However, if there is a halachic practice that was clearly overlooked by a previous generation, we are certainly obligated to reinstate the law, even if it gives the appearance of being “stricter” than they were, since the principle of kavod Shamayim (honoring Hashem [by fulfilling His mitzvos]) overrides the admonition of shelo lehotzi la’az.

A Chumra Against the Grain

Halachic p’sak (formal ruling) is formed l’chumra (stringently) or l’kula (leniently) based on majority opinion, cultural affiliation or local custom (or other reasons). If the accepted p’sak is l’kula, choosing to be stricter may cast aspersions on our ancestors’ practices. But if there is machlokes haposkim (conflicting opinions among the authorities, i.e., no halachic consensus) on a certain matter, we then have precedent to be meikil (lenient) on one hand, and to be machmir (stringent) on the other. May we then choose to be stricter than previous generations, even if they chose to be meikil? In such a case, some poskim still evoke the warning of shelo lehotzi la’az al harishonim: we should not take on the chumra. There are halachic authorities that apply this cautionary directive even to matters that are min haTorah (Biblical law).

But there is also a conflicting concept that is often an overriding factor to being faithful to our forebears: “Shelo lehotzi la’az al ha’acharonim” (not to cause denigration to later generations). If being meikil in accordance with the practice of previous generations would call forth judgment and criticism by our descendants—especially when there is halachic precedent to be machmir—we are cautioned to take the stricter approach even at the cost of being motzi la’az al harishonim.

The Perception Exception

Poskim tell us that if an observer might be toleh (lit., hang—i.e., attribute) a particular chumra to being motivated by practical considerations and not ascribe it to stringency, we need not worry that a judgment will be made on our forebears’ adherence to halacha, and in that case we may practice the chumra.

(These assessments are commonly mulled over by contemporary poskim in connection with Hilchos Ishus—the laws of Jewish marriage and Jewish divorce. On one hand, these halachos form the very fabric of the propagation of future generations; on the other, being stringent can call into question the yichus—lineage—of past generations.)

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