Rav
Nachum Rabinovitch zt”l: A Tribute
Emor
5780
Rabbi Shaanan
Gelman[1]
The Torah world
lost a giant this past week by the name of Rav Nachum Rabinovich zt”l, who
passed away on Wednesday at the age of 92.
Rav Rabinovich was a renaissance man, a person of surpassing
accomplishment in many different areas of Torah and general studies. Born in
Montreal in 1928, he was among the first students of the legendary Rav Pinchas
Hirschprung, the Chief Rabbi of Montreal, with whom he began studying at the
age of 14. He graduated from McGill University and then began studying at the
Ner Israel Rabbinical College, where he received his ordination at the age of
20, and earned a Master’s Degree in Mathematics at Johns Hopkins University. He
then began an illustrious Rabbinic career, first in Congregation Agudas Achim in
Dallas, and then, between 1952-1963, as a Rabbi in Charleston, where he
successfully merged two shuls and founded a day school, both still in
existence. In 1965, he moved to Toronto to become Rabbi of the Clanton Park
Synagogue, and began his PhD at the University of Toronto, which he completed
in the 1970s. A stint in London followed as President of Jews’ College in
London. Among his many illustrious talmidim, Rav Rabinovich was a rebbe and
mentor to Rabbi Lord Jonathan Sacks with whom he maintained a close relationship
for many years.
After forty years
in the rabbinate, he made aliya and served as Rosh Yeshiva of Birkat Moshe in
Ma’ae Adumim where he lived for the remainder of his life. He was a prolific author, whose magnum opus,
Yad Peshuta, is a commentary on the Rambam’s entire Mishneh Torah, and is
heralded as the definitive work of scholarship on the Rambam.
One of his students, Prof. Allan Nadler, formerly of Drew University, wrote in 2018[2]
“Although Rabinovitch is, in many respects, a traditional rosh yeshiva—his prose integrates elements of “yeshivish” Hebrew with a mélange of classical and modern styles—he is surely the most thoroughly Maimonidean thinker of our age, not only in this massive commentary, but also in his consummately rationalist works on Jewish law, theology, and Zionism. He is, to put the point piously, perhaps the most impressive and the least well known of our sages”.
In honor of Rav
Rabinovich and this week’s Torah reading, Parshat Emor, I want to learn a
Teshuva from his volume of responsa called [3]שיח
נחום
(his first volume of responsa, dealing with issues in the Israeli Army, is
called Melumdei Milchama). As you will
come to appreciate, he didn't merely analyze the technical halacha- he employed
pragmatism, rationalism and eminent common sense to his halachic rulings, a
trait that made him one of the most important poskim in the religious Zionist
community.
Several years ago
I had the opportunity to spend some time with him one-on-one. I was in Maale Adumim, davening maariv at one
of the shuls and I noticed that he was across from me in the sanctuary. Afterward I approached him and asked if he
had a few minutes to speak – he invited me to walk him to his home. When we arrived, he graciously handed me
something to drink and we sat down at his table and spoke about a number of halachic
and philosophic matters I was dealing with in the community at the time. He struck
me as erudite but authentic, wise and yet relatable.
The topic of the
following Teshuva is perhaps not the most earth shaking but is relevant to the
theme of honor due to the Kohen, a central theme of our sidrah.
The question
comes from a member of the Charleston Orthodox community. The questioner is not
identified, but it is likely Rabbi David Radinsky, spiritual leader of
Congregation Brith Shalom Beth Israel from 1970-2004.
The baal korei, like
in many small Jewish towns served as the gabai and also happened to be a Kohen. As is well known, the first aliya is
traditionally given to a Kohen. This practice is described by the Talmud
(Gittin 59b-60a) based on the word in this week’s Torah reading- וקדשתו,
and you shall sanctify him. The Talmud learns from here that the community must
bestow certain honors upon the Kohen beyond the sacrificial portions and the
Priestly Benediction that are his birthright. For example, the Kohanim are
always accorded preference when it comes to leading the bentching, when it
comes to addressing a gathering and, of course, they always receive the first
aliyah when the Torah is read.The dilemma in Charleston is a relatable one: on
the one hand, the gabbai/baal keriah/Kohen was always there, but if he was
present, he by definition reduced the number of available honors for others,
including “chiyuvim” and baalei simcha. Is a Kohen, under such circumstances,
permitted to forgo his due honor to make room for others?
Rav Rabinovitch
begins his analysis by noting the dispute regarding the obligation to honor
Kohanim, as far as whether it is biblical or Rabbinic in origin. The Talmud
then asserts that regardless of the nature of the obligation, a Kohen is not
permitted to forgo his honor, because doing so would cause strife in the
community. If the coveted first aliyah was distributed at the discretion of the
gabbai, fights could erupt regarding who truly deserved it. Finally, Rav
Matanah in the Talmud says that this only applies on Shabbat and Yom Tov, where
there are many people in shul and the potential for fighting rises
exponentially.
He then notes the
comment of the Baalei Hatosafos, who suggest that the requirement of a Kohen
receiving the first aliyah applied in the times of the Talmud, when it was
uncommon for people to come to shul on Mondays and Thursdays, and where they
mostly attended shul on Shabbos. “Now,” say the Baalei HaTosafos, “Monday and
Thursday are as well attended as a Yom Tov service.” Accordingly, there would
be no distinction made between a weekday and a Shabbat service, and the Kohen
would be prohibited from forgoing that aliyah.
תוספות
מסכת
גיטין
דף
נט
עמוד
ב
אבל
בשני
ובחמישי
לא
- אומר
ר"ח
הני
מילי
לדידהו
דבחול
הוו
טרידי
במלאכתן
ולא
שכיחי
אבל
לדידן
שכיחי
בשני
ובחמישי
כמו
ביום
טוב.
In the responsa
of Rav Sholom Mordechai HaKohen Schwadron of Brzezan analyzes the words of this
statement of Tosafos. He concludes that not all times and not all places are
equal, which is why our sages distinguished between the Torah reading of Monday
and Thursday on the one hand, and Shabbos on the other. As such, it would be
within the rights of the Kohen to forgo that aliyah in the favor of others who
might benefit from receiving it.
Adding a personal
experience to his response, Rav Rabinovich notes that he is familiar with the
community of Charleston and that they certainly draw a much smaller crowd on
Mondays and Thursdays.
Furthermore, in
this case the kohen is also the gabai - so his willingness to call someone else
up is the greatest attestment to his mechila.
Rav Rabinovich
points out that the Rogochover Gaon (in a letter sent to the Minchat Yitzchak)
provided another possible avenue for leniency. In Talmudic times, the person
called up to receive aliya was also the one reading from the Torah; nowadays, that is generally not the
case. As such, it stands to reason that
when Rav Matanah ruled that a Kohen should not forgo the honor due him, that
was when the kavod included reading the Torah and receiving the first aliyah.
Indeed, Rav Rabinovitch remembered in his youth that he was in shul, likely in
Montreal, that this was exactly the practice of the shamash, who was also the
Baal Keriah and was a Kohen. He regularly distributed aliyot to yisraelim in
his stead, an no one complained.
Most
interestingly, it is this anecdote, quoted in a technical legal discussion, as
being dispositive- a fact that gives us insight into the halachic methodology
of Rav Rabinovich. It mattered very
much what was going on in the synagogues and how Jews have conducted themselves
for years earlier. He understood that
criteria for flexibility in halacha was also rooted in the regular practices
and the social norms of the Jewish people.
Despite being a
staunch Maimonidean Rationalist, Rav Rabinovitch was known for his personal
warmth and approachability. This is reflected in the final few sentences of his
response, where he asks his interlocutor to send regards and shana Tovah (גמר
טוב)
blessings for all his friends in Charleston. When one of your own rises to a
position of prominence, it's heartwarming to know that he still thinks fondly
upon those he knew back in the day.
This model of
Torah leadership is what the Torah envisioned in the multiple roles of the
Kohen. The Kohen was the venerated
teacher of Torah, the fountain of wisdom and a source of common sense. At the
same time, though, he would descend from his pedestal to make peace between
warring parties, using his personal touch and keen understanding of the
psychology of the individual to restore harmony. As we consider the passing of
a Torah personality who encompassed both of these traits, perhaps we are
wondering who will step up to fill his large shoes. Rav Rabinovitch had many talmidim,
and encouraged his students to become involved in halachic discourse even if
they were younger and felt awkward doing so. The mandate of the Torah is not
just to promote compliant Kohanim- it is to create a mamlechet kohanim, the
notion that any of us can channel the values of the Kehunah. Whether on Monday,
Thursday or Shabbos, may we merit to foster the next generation of courageous
and compassionate Torah leadership, that intimately understands the mind- and
the heart- of the Torah.
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