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Seventh Day Pesah 5768
A few years ago, Sandra and I were preparing the house
for Pesah – let me be accurate, Sandra was preparing the
house for Pesah – and I noticed that she was unhappy. Like
any good husband, I immediately searched my soul and deeds
for the past few weeks, and after I decided I was guilty of
only relatively minor, venal sins, I asked if anything were
wrong. Sandra then explained to me, in graphic detail and
with colorful language, that we should not be spending Pesah
at home; we should be spending it in Israel.
There’s a lot to be said for that. If you have not spent
Pesah in Israel, you should. It’s true that the place is
jammed with Americans – I generally saw more Minyan members
on streets of Jerusalem than the streets of my neighborhood,
prices are, unbelievably, higher than the rest of the year,
and preparing an intimate seder for 20 or so friends is a
challenge when you have one pot, one pan, one plate and 8
chairs.
But I know why Sandra, and so many others, like to spend
Pesah in Israel – it is as if you were living a normal life.
As long as you eat kitniyot, or make sure that your Hebrew
isn’t adequate to differentiate between im and bli kitniyot,
you can buy just about anything in any store, and during
Chol Hamoed, you can eat at some of the finest restaurants
in Jerusalem. More importantly, from a spiritual sense,
there is nothing like celebrating your seder and hearing,
all around you, the sounds of so many other seders, so many
other niggunim and traditions, to realize our collective
identity as a nation.
I, too, like Pesah in Israel, but I can boil it down to
one reason alone – in Israel, we celebrate 7 days of Pesah,
as we were meant to I’ve read the Torah pretty carefully,
and I haven’t seen any reference to 8 days of Pesah.
Leviticus 23 says that you will eat unleavened day for seven
days, as does Deuteronomy 16. And this year – I can’t even
remember the last time I ate hametz.
Let’s face it; we’ve been playing fast and loose with the
Torah since it was written. The Torah says that we can’t
have fire in our homes on Shabbat, and we’ve morphed that
into not lighting fire on Shabbat. We decided that because
we aren’t supposed to mix milk and meat, we might as well
not eat fish on the same place as beef. I know it’s
important for us to maintain the traditions we have lived by
for so many years, but isn’t it time we brought some true
Torah Judaism into our lives?
I am, as it happens, not alone in this thinking. When I
mentioned to Rabbi Rembaum that I wanted to give a Dvar
Torah on the elimination of Yom Tov Sheni, he thoughtfully
allowed me to borrow one of his volumes on the Proceedings
of the Committee on Jewish Law and Standards, Volume III,
1927-1970, in which there is an enlightening Responsa on Yom
Tov Sheni.
Now I was just a bit frustrated to find that in 1969,
while I was probably beginning to practice for my Bar
Mitzvah, the RA had already adopted a responsa which allows
a member synagogue to drop the Yom Tov Sheni, and nobody, in
all these years, told me about it.
What are the reasons for Yom Tov Sheni?
The classical answer given is confusion. During the
Second Commonwealth, the Samaritans would light bonfires to
confuse those living outside Jerusalem of the date of the
new moon. Therefore, to avoid the possibility of not
celebrating Yom Tov on its proper date, the Yom Tov Sheni
was instituted. It was an emergency ruling, not a permanent
enactment. It was an enactment in response to a specific
threat, which became immaterial not long after. (Beitzah,
4b)
Over the years Yom Tov Sheni was retained, in large part,
to maintain the ascendancy of Israel over the Galut, as
centers of Jewish learning and power moved from Israel to
Babylonia, the Western Mediterranean and Europe; even when
Yom Tov Sheni was eliminated in Israel, it was maintained in
Galut – as the RA Responsa puts it, a “reverse distinction.”
In order to strengthen the rationale, or provide one
where none existed, there developed the concept of Yom Tov
Sheni as part of our mystical relationship with Israel. An
observation made by Rabbi Menachem Recanati one of the great
kabbalists of the 13th-14th century is often cited. Recanati
says that it is impossible outside the land of Israel to get
as inspired by a particular festival as when one lives
inside the Israel. Israel carries its own spirituality into
any festival, and in one day one is able to accomplish great
spiritual achievements. Outside Israel, however, one needs
two days to achieve the same goal.
And since this had become the official minhag for so many
years, it had become so well established, that an annulment
would no longer be possible.
Over the years, the Rabinnate has attempted to infuse
additional meaning to the second day of Yom Tov, such as the
additional Torah readings and Haftorot, we have added Yizkor
on the last day of the festival, all-in an attempt to make
the days more significant, to look at Yom Tov Sheni not as a
burden, but an opportunity. After all, what would we do
without the second seder – somebody’s grandmother would be
offended. And commentators point out the benefit of
celebrating Simhat Torah on its own day (although I have
celebrated Shmini Atzeret and Simhat Torah on one day in
Israel, and it worked out fine).
The arguments against, however, are strong.
Rabbi Naftali Zvi Yehuda Berlin, last Rosh Hayeshiva of
the famous Volozhin Yeshiva, also known as Neziv (1817-1893)
while defending Yom Tov Sheni, himself said that in
principle there is absolutely no reason to keep a second day
Yom Tov outside Israel even when one is not sure which day
is the correct day. Neziv proves his point by stating that
we would otherwise encounter a serious contradiction in
Judaism. Why do we not keep two days Yom Kippur? And why,
when counting the Omer outside Israel we only count one date
and not two? (After all, if Pesach would have started one
day later, there should have been the need to start counting
the Omer also one day later) In that case we should, for
example, say (outside the land of Israel): "Today it is the
31st or the 32nd day of the Omer." This is, however, not
done and in fact forbidden.
The key is that Yom Tov Sheni is an emergency enactment ,
and imposes significant burdens. In the RA Responsa and
elsewhere, it is noted that celebrating a second day is
increasingly difficult and economically challenging, at
least for those of us who are not employed by Federation.
Ultimately, the continuing excuses for Yom Tov Sheni are,
essentially, covers for the fact that it is a gzeirah whose
rationale no longer exists, a gezeirah on a gezeirah, and as
Isserles points out, when the rationale for an enactment –
let alone for a custom – is no longer operative, the
enactment is nullified. Or, to cite a modern legal scholar,
Oliver Wendell Holmes, Jr. has said that it is repugnant to
observe a law only because it was enacted in the reign of
Henry IV; it is even more repugnant when the underlying
reason for the enactment is no longer applicable. No lesser
authority than Rambam (Hilchos Kidush ha'Chodesh 5:5) states
clearly that nowadays, people who live in Chutz la'Aretz
really ought to observe only one day, and it is only due to
the Takanat Chachamim that they observe two.
The fact is, no one, inside or outside of Israel, relies
on bonfires or messengers to calculate the date of any
holiday, and no one has suggested interference in the
calculations of our calendars. We certainly need not fear
the interference of the Samaritans.
And there is another, more serious concern. One of things
that we, as a community and congregation, believe
distinguishes us from other congregations is the sense that
we are leaders of Conservative Judaism, that we are on the
cutting edge of invigorating religious practice. We can
point to our role in establishing the egalitarian nature of
the service, the inclusion of imahot in our liturgy, the
impending discussion of duchening (assuming we actually do
discuss it), but even when we have rejected proposals, the
Library Minyan remains on the cutting edge by discussing and
taking ownership of these issues. We prove that our movement
and our religion is not simply a top-down exercise in which
we respond to our leaders; we work with our leaders in
partnership. We should always be looking for ways to
reinvigorate our spiritual lives, to find ways to bring
innovation and meaning, and bring that to others. Every time
that we, as individuals or as a group, choose not to
confront these issues, we do a disservice to our community.
Our path here is easier in the past; the decision has
already been made that Yom Tov Sheni is an alternative, not
mandatory; it is time for us to work on enhancing our
celebrations, putting more into the single day, and removing
the second day which saps our energy.
I know that I am going to face a number of questions, and
to deflect just one of them, I will not be eating pizza and
drinking beer tonight; I am, after all, part of a community
that has not yet determined to move beyond Yom Tov Sheni.
But as I say Kiddush tonight, I will hope that next year,
Pesach will end when it should, on Wednesday night, as we
usher out the 21st day of Nissan and welcome in
the 22d.
For one more day, in any case, Chag Kasher v’sameach.
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