Tag Archives: Maharsha

The Three Oaths & the Three Gifts

“And it will be, when you come into the land which YHWH, your God, gives you for an inheritance, and you possess it and settle in it…” (Deuteronomy 26:1)

This week’s parasha, Ki Tavo, begins with the command for Israel to go to the Holy Land, possess it, inherit it, work the land, and then give thanks for its wonderful produce. The Torah is clear on the fact that the Jewish people belong in the Land of Israel. In fact, the Talmud (Ketubot 110b) states that a Jew who lives outside of Israel is likened to an atheist that doesn’t have a God:

תָּנוּ רַבָּנַן: לְעוֹלָם יָדוּר אָדָם בְּאֶרֶץ יִשְׂרָאֵל אֲפִילּוּ בְּעִיר שֶׁרוּבָּהּ גּוֹיִם, וְאַל יָדוּר בְּחוּצָה לָאָרֶץ וַאֲפִילּוּ בְּעִיר שֶׁרוּבָּהּ יִשְׂרָאֵל, שֶׁכׇּל הַדָּר בְּאֶרֶץ יִשְׂרָאֵל דּוֹמֶה כְּמִי שֶׁיֵּשׁ לוֹ אֱלוֹהַּ, וְכׇל הַדָּר בְּחוּצָה לָאָרֶץ דּוֹמֶה כְּמִי שֶׁאֵין לוֹ אֱלוֹהַּ. שֶׁנֶּאֱמַר: ״לָתֵת לָכֶם אֶת אֶרֶץ כְּנַעַן לִהְיוֹת לָכֶם לֵאלֹהִים״

The Sages taught: A person should always reside in the Land of Israel, even in a city that is mostly populated by gentiles; and should not reside outside of Israel, even in a city that is mostly populated by Jews, because anyone who resides in Israel is considered as one who has a God, and anyone who resides outside of Israel is considered as one who does not have a God, as it is stated: “To give to you the land of Canaan, to be your God.” (Leviticus 25:38)

The Talmud then challenges this statement, arguing that it can’t be that living outside of Israel makes a Jew an atheist. So, it gives a better answer: “Anyone who lives outside of Israel is likened to an idolater!” At this point, we are presented with a story about how Rabbi Zeira really wanted to make aliyah, but his teacher Rav Yehuda disapproved. Rav Yehuda took the following verse quite literally: “They shall be taken to Babylonia and there they shall remain until the day that I recall them, said the Lord.” (Jeremiah 27:22) Rav Yehuda believed leaving Babylon for Israel without a clear sign from God was a transgression.

‘The Flight of the Prisoners’ by James Tissot, depicting the Jewish people’s exile after the destruction of the First Temple.

Of course, that verse in Jeremiah is speaking of the period between the First and Second Temples, and had no direct relevance to Rav Yehuda’s generation many centuries later. But this was not the approach that Rabbi Zeira took to refute his teacher’s position. Instead, he reminded Rav Yehuda that the previous verse in Jeremiah is “concerning the vessels that remain in the house of the Lord”. The whole thing is clearly talking about the Temple items, not about the Jewish people, who are always welcome in their own Promised Land.

Rav Yehuda changes course and rebuts with a different verse from Tanakh: “I adjure you [ishba’ati], O daughters of Jerusalem, by the gazelles and by the hinds of the field, that you not awaken nor stir up love, until it please.” (Song of Songs 2:7) He uses this as proof that Jews shouldn’t go back to Israel until it pleases God. Rabbi Zeira counters that this verse refers to an oath (shvu’a, based on the term ishba’ati) that the Jewish nation apparently took upon themselves when going into exile. There are actually three verses in Shir haShirim (2:7, 3:5, 8:4) that begin the exact same way, with the same ishba’ati word that implies an oath. Thus, there were three oaths that God adjured:

First, that the Jewish people should not return to Israel en masse, “like a wall”, through an organized political or social movement. Second, that the Jewish people should not rebel in exile against their gentile overlords. The third oath was that, in turn, the gentile nations would not oppress the Jews too much. In other words, Jews should be allowed to live in relative peace and safety among the gentiles, in exchange for not seeking to go back “like a wall” to the Holy Land. So, Rabbi Zeira believes that while large groups and mass movements of Jews should not make aliyah en masse, individuals and families could make aliyah to Israel if they wish. Rabbi Zeira thus argued that it was permissible for him to move to Israel.

Rav Yehuda didn’t give up, and countered that the phrasing of “not waken nor stir up” in the Shir haShirim verse implies both large groups and individuals. At this point, Rabbi Levi enters the fray and says that the extra language is for a different reason: each oath is actually two oaths, and there are a total of six oaths, not three! The extra three oaths are that Jewish scholars should not reveal when the End of Days and the Final Redemption would come; but that they should also not “distance” the Final Redemption and cause it to be postponed; and finally that Jews shouldn’t reveal “the secret” to the nations of the world. It is unclear what exactly this “secret” is. Rashi suggests it refers to the secrets of the divine Jewish calendar and intercalation of months (as does Yalkut Shimoni II, 986), or perhaps the deeper mystical secrets of the Torah. One might also read it simply as not revealing the secret time of the Redemption to anyone, Jew or gentile.

The Talmud then explains what is the meaning of the latter words in the Shir haShirim verse, “by the gazelles and by the hinds of the field.” Rabbi Elazar quotes God saying to the Jewish people: “If you fulfill the oath, it is good, and if not, I will abandon your flesh ‘like the gazelles and like the hinds of the field.’” In other words, if we don’t fulfil the oath, we will be left alone in the field, without any divine protection, presumably to be hunted down like gazelles. Then Rabbi Elazar adds one final statement before the Talmud moves on to a different discussion about burial: “Anyone who resides in the Land of Israel dwells without transgression…” So, what do we make of this puzzling passage?

Violating Oaths, Fulfilling Oaths

On the surface, the Talmud seems to be telling us that Rav Yehuda held that Jews shouldn’t seek to live in Israel until the coming of Mashiach and the Final Redemption. Rabbi Zeira, on the other hand, believed that Jews should move to Israel and it is praiseworthy for them to do so—but they should immigrate individually, and not as a mass movement. This is evidently the majority position of the Talmudic sages, since the whole passage begins by saying that any Jew who doesn’t live in Israel is an atheist or idolater, and goes on to say how wonderful it is for a Jew to live in Israel. Rabbi Elazar’s concluding opinion is most intriguing, and seems to suggest that while he also agrees Jews shouldn’t move to Israel en masse, if they have already done so anyway then, bedieved, it is fine and they are sinless.

In the previous century, many Hasidic and Haredi rabbis took an anti-Zionist stance because of this Talmudic passage of the “Three Oaths”. Yet, ironically, some of the earliest figures who made aliyah to Israel en masse, “like a wall”, were actually Hasidim and Haredim! (For more on this, see the class on ‘The Hidden History of Zionism’.) The first was probably Rabbi Yehuda haHasid Segal (c. 1660-1700) who led a group of 1200 Jews to Israel from across Eastern Europe and the Ottoman Empire in 1697. Then came 300 Hasidim with Rabbi Menachem Mendel of Vitebsk (c. 1730-1788) in 1777. In 1808 arrived someone from the opposite side of the spectrum, the Litvish Rabbi Menachem Mendel of Shklov (d. 1827), a disciple of the Vilna Gaon, who brought with him 150 Mitnagdim. Meanwhile, the Sefardi world, led by Sir Moses Montefiore, Rabbi Yehuda Alkali, and Rabbi Yehuda Bibas, sent many more Jews to Israel throughout the 1800s. And, of course, the First Aliyah (which began in 1881 and totalled some 25,000 people) was made up almost entirely of Hasidim fleeing the pogroms of the Russian Empire! And this brings us back to the Three Oaths.

The Oaths state that Jews would remain in exile without protest on condition that the nations would not oppress Israel too harshly. Clearly, history shows that the nations did not uphold their end of the deal. Jews were tormented endlessly and brutally, whether by Crusaders or Inquisitors, Almohads, Cossacks, or Nazis. It is clear that the Oaths were violated by the nations, and thus rendered null and void. Jews had no choice but to move to Israel en masse.

The first major wave actually came following the Spanish Expulsion of 1492. It was those Sephardic Jews—coming in the many thousands—that rebuilt the four holy cities of Jerusalem, Hebron, Tzfat, and Tiberias and re-established vibrant communities there in the 16th century. There would be no Shulchan Arukh and no Kitvei Arizal and no Lecha Dodi (all of which were composed in 16th-century Tzfat) were it not for the “wall” of Sephardim that migrated there. The “wall” of religious Jews that came in the 1800s and early 1900s set the foundations for the modern State of Israel, and established some of the most religious Jewish neighbourhoods in the world like Mea Shearim and Bnei Brak.

So, it seems no one made a particularly big deal about the Three Oaths until recently. It was just a little-known idea from a short passage in the Talmud that is almost never mentioned in any other ancient texts. In fact, it wasn’t until Religious Zionism was hijacked by more secular Political Zionism that people started to remember the old Talmudic oaths. Now, one might argue those oaths don’t matter anyway because they are not halakhah, and just part of a personal debate between Rav Yehuda and Rabbi Zeira. (After all, the Jews never literally took any such oaths, and neither did the nations of the world.) However, even if one goes with the position that the oaths were firm and binding, the modern State of Israel still does not violate them.

The Maharsha (Rabbi Shmuel Eidels, 1555-1631) comments here on Ketubot 111a (appropriately, in his Chiddushei Aggadot, not Chiddushei Halakhot!) that there is an exception to ascending “like a wall” to Israel. He connects the mysterious term “like a wall”, chomah, to Nehemiah 2:17, where Nehemiah says to the exiled Jews: “You see the bad state we are in—Jerusalem lying in ruins and its gates destroyed by fire. Come, let us rebuild the wall of Jerusalem [chomat yerushalayim] and suffer no more disgrace.” The Maharsha asks how could it be that Nehemiah was inspiring thousands of Jews to return to Israel “like a wall” and rebuild it? Doesn’t this violate the oath? The Maharsha answers that it didn’t violate the oath because Nehemiah had the king’s permission to do so. This was not an act of rebellion against the nations! Which brings us back to the case of modern Israel.

The Jews that were returning to Israel en masse, starting in the 15th century, were doing so with the full permission of the Ottoman Empire who ruled over the land. In fact, Don Joseph Nasi (1524-1579) was given a charter by the Ottomans to recreate a semi-autonomous Jewish state with its capital in Tiberias, and was given the official title “Lord of Tiberias”. This is essentially the same situation as Nehemiah was in. The Jews in the 1800s were similarly buying plots of land from the Ottomans legally. Then the British took over and became the new overlords of the land. The Balfour Declaration demonstrated the intent of the British to establish a Jewish state in the Holy Land. The San Remo Conference of 1920 adopted and affirmed the Balfour Declaration, with the international powers agreeing to establish a Jewish state in Israel. And finally, the UN voted to establish a Jewish state in November 1947 through the consensus of a majority of nations. (As many have pointed out, far from being an “illegal occupier”, the State of Israel is possibly the most legal state on the planet!) Thus, the creation of the modern State of Israel would mirror the times of Nehemiah and, according to the reasoning of the Maharsha, would not be a violation of the Three Oaths.

Finally, if we go back to the Scriptural source for the Three Oaths, the verses say that we shouldn’t “awaken until it pleases” God. How exactly would we know if it pleases God? Perhaps through a series of miracles and signs? Supernatural occurrences and clear divine favour? Does modern Israel not fit the bill? Turning swamps and deserts into high-tech metropolises, re-establishing forests with literally hundreds of millions of new trees, exporting fruit to the world, desalinating water so that the land and its people no longer have to worry about being parched, and fighting off wave after wave of attack from aggressive neighbours. Do we ignore the miracles of 1948 and 1967 and 1973? Did we forget all the prophecies in Tanakh that have come true right before our eyes? How many more signs do we need to confirm that, indeed, “it pleases God”?

It hasn’t been easy, of course, and there has been a great deal of suffering along the way, but it was never meant to be easy, and Rabbi Shimon bar Yochai told us long ago that three gifts are acquired through pain: “The Holy One, Blessed be He, gave Israel three precious gifts, all of which were given only by means of suffering: Torah, the Land of Israel, and the World to Come.” (Berakhot 5a) We have thankfully already received the first two gifts. Hopefully, the suffering we are experiencing now as a nation is the necessary bit of pain before the third and final gift which is right around the corner.

Wasting Seed: Minor Taboo or Grave Sin?

In this week’s parasha, Vayeshev, we read about the incident of Yehuda and Tamar. Yehuda’s eldest son, Er, marries a beautiful woman named Tamar. Unfortunately, Er “was evil in the eyes of God, and God put him to death.” (Genesis 38:7) As was customary in those days, since Er died without a son, it was expected that his brother, Onan, would perform levirate marriage and take Tamar as his wife. As the Torah describes, the purpose of this is to essentially provide a sort of heir for his childless brother. Onan was happy to marry Tamar, but

knew that the progeny would not be his, and it came about, when he came to his brother’s wife, he wasted [his semen] on the ground, in order not to give seed to his brother. And what he did was evil in the eyes of God, and He put him to death also. (Genesis 38:9-10)

As we know, Yehuda would end up being with Tamar himself, and out of that union would come Peretz, the ancestor of King David.

‘Judah and Tamar’

The big question is: what was it that Er and Onan did that was so despicable to God? The classic answer is that they wasted their seed (as the Torah states above), which is why they were punished so severely. This narrative is then used as proof from the Torah that wasting seed is among the gravest of prohibitions.

And yet, the Torah itself does not actually prohibit wasting seed anywhere, at least not explicitly. Considering how strictly the Sages spoke about not wasting seed, we might be surprised to find that it is not one of the 613 commandments. So, what is the true extent of this prohibition? Where did it come from? And what was really going on with Er and Onan?

A Closer Look at Er and Onan

While the Torah tells us that Er was evil in God’s eyes, it does not explain why. Many commentators (including Rashi and Rabbeinu Bechaye) assume that he must have been evil for the same reason his brother Onan was: for wasting seed. Rabbeinu Bechaye (1255-1340) clarifies that the sin was not the act of wasting seed itself, but rather for an ulterior motive. Er did not want to impregnate Tamar so that her beauty would not be ruined. He wanted her solely for physical pleasure. This is what was despicable to God.

Similarly, a careful look at the Torah makes it clear that Onan’s sin was not wasting seed either. What the Torah says is that Onan did not want to fulfil the mitzvah of levirate marriage. He avoided impregnating Tamar because he “knew the progeny would not be his”, and the reason he spilled his seed on the ground was “in order not to give seed to his brother”. The sin here was not the act of wasting seed, but rather disrespecting his own brother, and refusing to fulfil the mitzvah of levirate marriage.

Such is the opinion of Tzror haMor (Rabbi Abraham Saba, 1440-1508), and we see similar comments by Sforno (Rabbi Ovadiah ben Yakov, 1475-1550). Chizkuni (Rabbi Hezekiah ben Manoach, c. 1250-1310) goes even further, saying that Onan was really out to increase his share of land, for if he would have fulfilled the mitzvah, the child would receive Er’s portion of land, and if not, then Onan would be the inheritor. From these commentaries, and the Torah’s own simple reading, we can definitively conclude that the sin was not the wasting of seed itself but the evil ulterior motives behind it, especially greed and disrespect for a brother.

All of this is right in line with the Torah’s persistent theme of brothers failing to love each other, starting with Cain and Abel and continuing through Isaac and Ishmael, Jacob and Esau, Joseph and his brothers, and Yehuda’s sons. The Torah takes every possible opportunity to remind us to love each other wholeheartedly (as we are all brothers), and that tragedies always befall the Jewish people when we lack brotherly love—as our Sages explicitly state countless times.

Going back to the subject at hand, nowhere else in the Torah is wasting seed an issue. The Torah does state that a man who has an “emission” is impure for purposes of going to the Temple. What he must do is immerse in water, and wait until the evening for the impurity to go away (Leviticus 15:16). No other punishment is prescribed, irrespective of why the man might have the emission.

Spilling Seed, or Spilling Blood?

It is in the Talmud where wasting seed takes on its grave overtones. The Sages compare one who wastes seed to a murderer, an idolater, and an adulterer (Niddah 13a-b). This is quite shocking, considering that murder, idolatry, and adultery are the three “cardinal sins” of Judaism. These are the things one must give up their life for in order to avoid, even if coerced. The Sages are equating wasting seed with the worst possible sins.

In the same pages, we read how Rav Yochanan holds that one who wastes seed “deserves death”. Interestingly, he bases himself on the verses in the Torah concerning the deaths of Er and Onan! Yet, as we’ve seen, their sin was not the act of wasting seed, but their evil ulterior motives. In reality, the Sages are hard-pressed to find a good source for the prohibition. They resort to various colourful interpretations of Scriptural verses in an attempt to illustrate the evils of wasting seed. For example, Isaiah 1:15 says “And when you spread forth your hands, I will hide My eyes from you; when you make many prayers, I will not hear, [because] your hands are full of blood.” Rabbi Elazar says that “hands are full of blood” is referring to those who masturbate, since spilling seed is like spilling blood! This is far from the plain meaning of the verse, which is obviously talking about actual bloodshed.

We should keep in mind that in these Talmudic pages, the Sages are not just prohibiting masturbation or wasting seed, but even for a man to simply touch their “member”—even to urinate! “Rabbi Eliezer said: Whoever holds his member when he urinates is as though he had brought a flood on the world.” Rabbi Tarfon later adds that his hand should be cut off! It goes without saying that the Sages were exceedingly careful to avoid any sexual transgressions, and raised many “fences” to ensure that no one should even come close to sinning so gravely. We must remember that the Talmud often uses hyperbole to get a point across and it isn’t always wise to take statements literally. The Sages themselves question Rabbi Eliezer, and say that not holding one’s member would be very impractical, for “would not the spray splatter on his feet…?”

The point, rather, is to teach us that “such is the art of the evil inclination: Today it incites man to do one wrong thing, and tomorrow it incites him to worship idols and he proceeds to worship them.” (Niddah 13b) The Sages are specifically referring to one who fantasizes to “give himself an erection”, and that such a person “should be expelled”. After all, the yetzer hara works in such a way that it gets a person to make a tiny sin, and slowly leads them to greater transgressions. It might start with a small thought, grow into a consuming fantasy, and eventually leads one to grossly misbehave. In short, the fear is that a person will get accustomed to bad habits, and it will end up leading to more severe transgressions.

Halacha & Kabbalah of Spilling Seed

The Rambam (Rabbi Moshe ben Maimon, 1135-1204) codifies as law the prohibition of wasting seed, whether with one’s partner or on their own (Mishneh Torah, Issurei Biah 21:18):

It is forbidden to release semen wastefully. Therefore a person should not enter his wife and release outside of her… Those who release semen with their hands, beyond the fact that they commit a great transgression, a person who does this will abide under a ban of ostracism. Concerning them, it is said: “Your hands are filled with blood.” It is as if they killed a person.

The Rambam makes a distinction between a situation of husband and wife versus a man doing it on his own, which is far worse and likened to “murder”. Having said that, many other great authorities in Jewish law were more lenient when it comes to wasting seed, especially when the intention is not evil. The Rambam’s contemporary, Rabbi Yehuda haHasid (1150-1217), wrote in his Sefer Hasidim that while masturbation is forbidden, and requires a great deal of penance to repair, it is occasionally permitted if it will prevent a person from a more serious sin. On that note, the Rambam himself wrote elsewhere (Commentary on the Mishnah, Sanhedrin 7:4) that wasting seed is not an explicit Torah prohibition, and carries no actual punishment of any kind. However, he writes in the same place that although many things are permitted when done consensually between husband and wife, it is nonetheless important to be exceedingly modest when it comes to sexuality.

The later Kabbalists understood that the Torah carries no explicit punishment for wasting seed, but found an allusion to a more mystical punishment. They taught that wasting seed produces banim shovavim, literally “wayward children” (a term that comes from Jeremiah 3:14 and 3:22). These impure spirits—potential souls that are brought into this world without a body—attach to a man’s neck and cause him great damage, and can harm his children, too. There is no doubt that the Rambam, being a strict rationalist and staying away from anything “Kabbalistic”, would disagree with this approach. The Rambam did not believe in demons or evil spirits, and refused to accept the validity of many Kabbalistic ideas and practices.

The Arizal (Rabbi Isaac Luria, 1534-1572), perhaps the greatest of Kabbalists, was a major proponent of the banim shovavim notion. Since his time, it has become customary in some communities to focus on purifying from sexual sins and from wasted seed during the weeks when we read the consecutive parashas of Shemot, Va’era, Bo, Beshalach, Yitro, and Mishpatim. Since the initials of these parashas spell “shovavim”, it is thought to be an auspicious time for such repentance. Yet even the Arizal taught that wasting seed is primarily a problem when a person does so on their own, for selfish, lustful reasons. If one is married, and there is genuine loving intimacy between husband and wife, the prohibition is no longer so clear cut. (See, for example, Sha’ar HaMitzvot on Noach).

Indeed, many authorities permitted wasting seed in the context of a husband and wife being together—as long as they are not like Er or Onan, and have pure intentions coming out of true love and passion. Among those that held this opinion include the tosafist Rabbi Isaac ben Shmuel (c. 1115-1184, in his comments to Yevamot 34b) and the Maharsha (Rabbi Shmuel Eidels, 1555-1631, in his comments on Nedarim 20a). The tosafist Rabbi Isaiah di Trani (c. 1180-1250) stated it most emphatically: “one whose intention is to satisfy his desires [for his wife] does not transgress, for anything that a man wants to do with his wife he can do, and it is not considered wasting seed”! (מי שכונתו להשלים תאות יצרו אינו עובר, שכל מה שאדם רוצה לעשות באשתו עושה ולא יקרא משחית זרעו, see Tosfot Rid on Yevamot 12b.)

In fact, even the Arizal taught that, in certain special cases, wasted seed can serve a positive purpose. In Sha’ar HaGilgulim (ch. 26), we read how the ten drops of wasted seed that unintentionally emerged out of Joseph (as per the famous Midrash) resulted in levushim, protective “garments” for the soul. The seed wasted indirectly by tzaddikim may similarly produce such protective garments, especially when it happens during proper, loving, holy zivug (union) between husband and wife. Such union, while not fruitful in this world, corresponds to “heavenly unions” that are spiritually fruitful. It is important to repeat that this entails being an actual tzaddik—being righteous, just, observant, modest, humble, selfless—and being intimate in a holy, loving, kosher, monogamous union.

On that note, it is worth mentioning that a couple that is childless, or already pregnant, is absolutely allowed to continue to be intimate, and this is not at all considered “wasting seed”. (The Talmud adds that intimacy during the third trimester is particularly healthy for both mother and baby, see Niddah 31a.) At the very start of Sha’ar HaMitzvot, the Arizal explains that such unions might not produce physical children, but they produce many spiritual children. This is one meaning for the verse in the Torah that says Abraham and Sarah “made souls” in Charan (Genesis 12:5)—although they were physically childless, they had produced many souls in Heaven, and these souls later came down into human form. In fact, there are those who say these souls are given to converts, who receive a Jewish soul upon their successful conversion. The souls that Abraham and Sarah made all those years come down into the bodies of converts, which is the deeper reason why all converts are referred to as “ben Avraham” and “bat Sarah”.

To summarize and conclude, the issue of spilled seed could indeed be a serious one. There is room to be lenient in certain situations, such as the case of a young, unmarried gentleman, whose frustration might reach a point where he might be led to worse sins. The Sages recognized how incredibly difficult the latter case can be, and stated that a young bachelor who lives in the city and can still hold himself back from sexual sins is so praiseworthy that God personally calls out his name in Heaven every day (Pesachim 113a). In the case of a married couple with loving intentions, many authorities state there is no issue of “wasting seed” at all, and any form of intimacy is permitted. That helps to explain why Rabbi Chiya said it is best to stay married no matter what, and to always treat one’s wife exceedingly well—even if she is the worst kind of wife—because wives “save us from sin” (Yevamot 63a). It is fitting to end with another famous adage from the Talmud (Sukkah 52b): אבר קטן יש לו לאדם מרעיבו שבע משביעו רעב “There is a small organ in a man’s body—if he starves it, he is satisfied; if he satisfies it, he starves.”