Sunday, August 2, 2020

I wish I knew when TB Shabbat 148

TB Shabbat 148 proves that the rabbis were realists. Sometimes when they knew that the Jewish people would not listen to them, they said nothing because they thought it was better that the Jewish unwittingly violate Jewish law and don’t transgress it intentionally (מוּטָב שֶׁיְּהוּ שׁוֹגְגִין וְאַל יְהוּ מְזִידִין.).

And Rava bar Rav Ḥanan said to Abaye: Did we not learn in a mishna that one may not clap hands, or clap one’s hand against one’s body, or dance on a Festival? And we see, however, that people do these things, and we do not say anything to stop them. Abaye responded: And according to your reasoning, what about this halakha that Rava said: One may not sit on Shabbat at the entrance of a private alleyway next to the post, which delineates its boundaries, lest an object roll away into the public domain and he come to bring it back? And yet we see that women put down their jugs and sit at the entrance of the alleyway, and we do not say anything to stop them. Rather, in these matters we rely on a different principle: Leave the Jewish people alone, and do not rebuke them. It is better that they be unwitting in their halakhic violations and that they not be intentional sinners, for if they are told about these prohibitions they may not listen anyway.

"There were those who understood from this statement that this halakha applies only to rabbinic prohibitions but not to Torah prohibitions, with regard to which we must certainly reprimand transgressors. However, that is not so. There is no difference between rabbinic prohibitions and Torah prohibitions. In both cases one does not reprimand those who violate unwittingly and would not listen to the reprimand. For the requirement of adding to Yom Kippur by beginning the fast while it is still day is from the Torah, and we see women who eat and drink on the eve of Yom Kippur up until nightfall, and we do not say anything to them. Thus, this rule, which applies to rabbinic prohibitions, applies to Torah prohibitions as well.” (Sefaria.org translation)

The Covid 19 pandemic has changed the world forever. We shall never be able to go back to the “old normal.” Rosh Hashanah is only seven weeks away. In my mind not to hold High Holiday services is inconceivable, but I am unwilling to risk the health and safety of my members by having them in my sanctuary for extended periods of time. Zooming them seems to be the best option. My colleague and I have studied the Conservative teshuvah concerning streaming Shabbat and holiday services. For those who choose to zoom these services and who generally don’t use electricity or the computer on these days, the author of the teshuva tries to minimize the amount of Shabbat violations. He has a whole appendix dealing with this issue.

I have very few if any besides myself in my congregation who observe the Sabbath according to the understanding of the Conservative movement. They use their computers and other electronic devices on Shabbat and holiday already. I wondered to my colleague whether we should share the appendix with our laity or not. I raised the question wouldn’t it be better not to teach them the appendix so that they violate the Rosh Hashanah and Yom Kippur unwittingly and not intentionally. My colleague pushed back saying, “Don’t we have a responsibility to educate them so that they can make informed decisions?!”

I think both positions have valid points. I just wish I knew when to apply the principle “better that they unwittingly violate Jewish law and do it intentionally (מוּטָב שֶׁיְּהוּ שׁוֹגְגִין וְאַל יְהוּ מְזִידִין.)” and when we should teach them the correct procedures.


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