HALACHA OF THE WEEK: YOM HASHOAH V’HAGEVURAH This week we are observing Yom HaShoah v'haGevura, the annual commemoration of the kedoshim who were murdered during the Holocaust. First established in 1951 by the Israeli Government, the date of this event was chosen to be close to the date of the Warsaw Ghetto Uprising which occured on Pesach, and not to overlap with the celebrations of Yom HaAtzmaut, mwhich occur a week later.
Nevertheless, because this commemoration occurs in the month of Nisan when tachanun and memorial prayers are not recited this choice of a date has been subject to halachic debate. For a discussion of the history, controversy and observance of Yom HaShoah by Rabbi Jacob J. Schacter, pleaseclick hereand for Rabbi Ari Enkin's discussion of some of the contemporary observances, including a moment of silence, pleaseclick here. DVAR TORAH The period of sefirat haomer is subject to two distinct sets of Jewish law. The first relates to the sefira itself - the counting of the omer. While the second relates to the period of national mourning that is observed during these days - the limitations on music, weddings, haircuts, etc.
While the reason we count is based on the mitzvah of counting which is detailed in the Torah [Vayikra 23:15] the reason for mourning is not as clear and seems to have begun in the period of the Gaonim [Halakhot Pesukot Min Ha-Geonim 97] So why do we mourn? According to the Talmud [Yevamot 62b] because it was during this time period that 12,000 pairs of Rabbi Akiva’s students died – due to the fact that they did not treat each other with respect.
But how could this happen to the students of Rabbi Akiva who so strongly advocated for the mitzvot between people? And why would his students have been punished so severely?
Rav Sherira Gaon [Iggeret 1:1] notes that the reason the students died was not because of a Divine plague, but because of a “shmad” (lit. religious persecution).
Based upon this, Rabbi Moshe Tzvi Neria suggested that what the Talmud was alluding to, and what Rav Sherira Goan referred to were deaths which took place during the Bar Kochba revolt (132-135 CE). Rabbi Akiva and his students were supporters of this revolt, and took part in the battles. As a result, they were pursued by the Romans - a “shmad” was declared against them.
In fact, Rav Neria even suggested that this “shmad” could explain yet another story in the Talmud of a time Rabbi Akiva and his students were denied lodging and had to spend the night in the forest [Brachot 60b]. How could such a prominent Jewish leader be denied lodging? Because Rabbi Akiva was a “wanted man” and so were his students and they posed a risk to anyone who would host them!
But why does the Talmud blame their deaths on a lack of respect?
Said Rav Neria, because during that revolt, Bar Kochba’s followers engaged in “guerrilla warfare” - they may have been unified in goal - but not in actions, as they waged attacks on the Romans in small groups. And it may have been this lack of interaction, cooperation and even respect, which contributed to their defeat and deaths. According to Rav Neria, it was only due to the fear of the censors that the Talmud hid the real facts of their deaths and only in the time of the Gaonim did we begin to mourn their loss. .
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MAZAL TOV *to Marc and Ruki Halpert on the Bar Mitzvah of their son, Shimmy. REFUAH SHLAIMA * to Etai Rimel – Etai Yaakov ben Tzipporah, who is recovering in rehab. * to Judge Erwin Katz, who is in the hospital.
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