Parshat Mishpatim January 29, 2011 24 Shevat, 5771

TORAH
ARTSCROLL, 416
Rabbi Jonathan Sacks on Parshat Mishpatim
HERTZ, 306 Hillel made no protest, and told must be fined whatever the
Behind Jewish belief in
HAFTORAH Torah she-be-al Peh, the the man to come to him for woman's husband demands
ARTSCROLL, 1156 "Oral Law", lies a instruction. The first day, Hillel and the court allows. But if
HERTZ, 323 fundamental truth. The taught him the first four letters of there is fatal damage [ason],
meaning of a text is not the Hebrew alphabet: aleph, bet, you are to take life for life . .
Mevorchim Chodesh given by the text itself. gimel, dalet. The next day he ." (Ex. 21: 22-23)
Adar 1 taught him the same letters in
Between a text and its
Fri., Feb 4 & Sat., Feb 5 reverse order: dalet, gimel, bet, The word ason means
Molad Thursday, meaning lies the act of
Feb. 3, 11:16:06 am interpretation - and this aleph. "But yesterday," protested "mischief, evil, harm,
depends on who is the man, "you taught me the calamity, disaster". Jacob
interpreting, in what opposite." "You see," said Hillel, uses it when his sons tell him
Times
context, and with what "you have to rely on me even to that the second-in-command
Candle Lighting 4:50 pm beliefs. learn the alphabet. Rely on me in Egypt (Joseph) insists that
also when it comes to the Oral they bring their youngest
Friday Mincha 4:50 pm
Without an authoritative Law." (Shabbat 31a). Without brother Benjamin with them
Hashkama 8:00 am tradition of interpretation - agreed principles, there can be no when they return, if they are
in Judaism, the Oral Law - teaching, no learning, no to be cleared of the charge of
Youth 8:30 am
there would be chaos. To be authority, no genuine spying. With Joseph missing,
Parsha Shiur 8:30 am sure, there were sectarian communication. Benjamin is the only son left
Main Minyan 9:00 am groups within Judaism - of Jacob's beloved wife (by
Sadducees, Karaites and One passage in this week's sedra then dead), Rachel. Jacob
Beit Midrash 9:15 am others - who accepted the shows how differences in refuses to give permission for
Gemorah Shiur 4:00 pm Written Torah but not the interpretation can lead to, or flow Benjamin to leave home,
Oral Law, but in reality such from, profound differences in saying: "If you take this one
Mincha 4:40 pm culture. Ironically, the subject from me, too, and he meets
a doctrine is untenable.
Shabbat Ends 5:58 pm concerned - abortion - remains with disaster (ason), you will
The Babylonian Talmud deeply contentious to this day. send my white head down to
Sunday Jan. 30 7:30/8:30 am the grave in sorrow" (Gen.
demonstrates this elegantly
and with humor. It tells of a The text deals not with abortion 44: 29).
Mon. Thurs. 6:35/7:45 am
certain non-Jew who sought per se, but with a fight between
to convert to Judaism, and two people in which a bystander - The meaning of the law about
Tues.Wed. 6:45/7:45 am
went to the great sage Hillel a pregnant woman - is hit, with fighting men, then, is this: If
Friday 6:30/7:45 pm to do so. He made one the result that she miscarries. the woman miscarries but
Rosh Chodesh proviso. "Convert me on What is the punishment in such a suffers no other injury, the
Late Maariv 8:15 pm condition that I accept the case? Here is the text: person responsible must pay
Written but not the Oral compensation for the loss of
Mincha Sun./Fri 5:00 pm Law." He was willing to be "If men who are fighting hit a the unborn child, but suffers
a Jew, but only a heretical pregnant woman and she has a no other penalty. If, however,
Latest times for one. miscarriage but there is no other the woman dies, he is guilty
Shema/Shmoneh Esrei fatal damage [ason], the offender of a much more serious
January 29 9:38/10:28 am
Bima Flowers Seudah Shlishit is
February 5 9:35/10:26 am
KIDDUSH IS are sponsored by sponsored by
Next Shabbat SPONSORED BY Jeanne Walfish Adina & Mark Abraham
Terumah and Charles Stein in memory of
GREAT NECK his father
in memory of
Candle lighting 4:59 pm SYNAGOGUE his grandmother Shalom Yitzhak ben
Mincha 5:00 pm Devora Kapelovich, z”l. David Abraham.
26 Old Mill Road, Great Neck, NY 11023 (516) 487-6100 Shabbat Announcements Parshat Mishpatim 5771

act of murder.
offence (the sages, in Sanhedrin 79a, disagreed as to whether
this means that he is liable to capital punishment or not).
Philo's interpretation - and the views of the Alexandrian
Jewish community generally - were to play a significant part
One thing, however, is clear. Causing a woman to miscarry -
in the religious history of the West. This was not because they
being responsible for the death of a fetus - is not a capital
had an impact on Jews: they did not. Rather, they had an
offence. Until birth, the fetus does not have the legal status of a
impact on Christianity. The decisive victory of the Pauline
person.
Church over the Jerusalem Church, headed by Jesus' brother
James, meant that Christianity spread among gentiles rather
At the same time that the sages in Israel were teaching this law,
than Jews. The first Christian texts were written in Greek
there was a significant Jewish community in Alexandria, Egypt.
rather than Hebrew. They were, at the same time, intensely
A passage in the Talmud describes the great splendor of the
dependent on the Hebrew Bible. In fact the one serious
synagogue there. The Alexandrian Jewish community - whose
attempt to divorce Christianity completely from the Hebrew
most famous member was the first century philosopher Philo -
Bible - made by the 2nd century Gnostic Marcion - was
was highly Hellenized. It developed its own traditions, at times
deemed to be a heresy.
quite different from those of the rabbinic mainstream. In one of
his works, Philo, explaining the main principles of Jewish law
Christians were therefore dependent on Greek translations of
to a non-Hebrew-reading public, turns to the biblical passage
and commentaries to Tanakh, and these were to be found
under review, and paraphrases it in these words:
among Alexandrian Jewry. The result was that early Christian
teaching on abortion followed Philo rather than the sages. The
But if anyone has a contest with a woman who is pregnant, and
key distinction was, as Augustine put it, between embryo
strike her a blow on her belly, and she miscarry, if the child
informatus and embryo formatus - an unformed or formed
which was conceived within her is still unfashioned and
fetus. If the fetus was formed (i.e. more than forty or eighty
unformed, he shall be punished by a fine, both for the assault
days had passed since conception: there was argument over
which he has committed and also because he has prevented
the precise period), then causing its death was murder. So
nature, who was fashioning and preparing that most excellent of
taught Tertullian in the second century. So the law remained
all creatures, a human being, from bringing him into existence.
until 1588 when Pope Sixtus V ordained that abortion at any
But if the child which was conceived had assumed a distinct
stage was murder. This ruling was overturned three years later
shape in all its parts, having received all its proper connective
by Pope Gregory XIV, but re-introduced by Pope Pius IX in
and distinctive qualities, he shall die; for such a creature as that,
1869.
is a man, whom he has slain while still in the workshop of
nature, who had not thought it as yet a proper time to produce
This is not to say that Jewish and Catholic views on abortion
him to the light, but had kept him like a statue lying in a
are completely different. In practice, they are quite close,
sculptor's workshop, requiring nothing more than to be released
especially when compared to the cultures of ancient Greece
and sent out into the world. (The Special Laws, III: XIX)
and Rome, or the secular West today, where abortion is
widespread and not seen as a moral evil at all. Judaism
Philo understands the word ason to mean, not "calamity", but
permits abortion only to save the life of the mother or to
rather "form". The meaning of the two verses is now completely
protect her from life-threatening illness. A fetus may not be a
different. In both cases, they are talking about damage to the
person in Jewish law, but it is a potential person, and must
fetus only. In the first case, "there is no ason" means, the fetus
therefore be protected. However, the theoretical difference is
was "unformed" - i.e. at an early stage of development. The
real. In Judaism, abortion is not murder. In Catholicism, it is.
second verse speaks of a fetus "that has form", i.e. at a later
stage of pregnancy. Philo puts this rather finely when he
It is fascinating to see how this difference arose - over a
compares the developed fetus to a sculpture that has been
difference in interpretation of a single word, ason. Without
finished but has not yet left the sculptor's workshop. On this
tradition and all the sages meant by "the Oral Law", we would
view feticide - and hence abortion - can be a capital crime, an
simply not know what a verse means. Between a text and its
meaning stands the act of interpretation. Without rules to
Great Neck Synagogue
guide us - rules handed down across the generations - we
Shabbat Activities Program
Great Neck Synagogue would be in the same position as Hillel's student, unable even
Shabbat Activities Program to begin.

Dale Polakoff, Rabbi

Ian Lichter, Assistant Rabbi
Dr. Ephraim Wolf ,z”l, Rabbi Emeritus
Michael Bleicher, Daniel Schwechter, Rabbinic Interns
Zeev Kron, Cantor
Eleazer Schulman, z”l, Cantor Emeritus
Mark Twersky, Executive Director
Joseph Hecht, President
Harold Domnitch, Chairman of the Board
 ANNOUNCEMENTS
AM HASEFER SAVE THE DATE
Tuesday, January 25th at 7:45 pm.
Within Our Family
Truth Be Veiled: A Justin Steele Murder Case Mazal Tov to Yael & Rabbi Michael Bleicher on the birth of
By Joel Cohen (author) Carla, T. Main (contributor)
their daughter.
The original version of this novel was conceived to teach law
students about ethics,” Cohen says. “However, folks, including
students, were so enthusiastic, I decided to enlist Carla’s help and RABBI REISMAN
turn it into a bona fide murder mystery. It’s difficult for the The Rabbi Reisman simulcast takes place every Saturday evening
layperson to imagine how easily the wheels of justice can get in the Weinstein Torah & Tech. Center. The time for January is
mired in technical issues and layers of truth and falsehood. 7:30 pm.
Anyone who cares about justice and the law will hopefully be
intrigued by an insider’s account.” This program will take place at Thelma & Emile Kattan and family would like to express
the home of Margery & Barry Libin at 19 Shore Park Road.
their hakarat hatov to Rabbi Polakoff, Ellen, and
SUNDAY BREAKFAST is co-sponsored by Adina & Mark Abraham in Jerry Weinstein for their unforgettable help and kindness
memory of his father Shalom Yitzhak ben David Abraham, z”l and by
the Rabinowitz Family in memory of Lea Rabinowitz, z”l. through their hard time following the death of her father
YOUTH SNACKS are sponsored by David and Diane Rein on the
Naim Ben Harun and gratitute to the community for their
occasion of the 6th yarhzeit of Helene M. Fink z"l, beloved grand- support.
mother of Alexander, Oliver and Sophia.
LITTLE LEAGUE Baseball applications are available in shul
YIDDISH VORT on Wednesday, January 26 at 1:30pm,
office.
DOS YIDDISH VORT will celebrate its tenth anniversary with a video in
Yiddish (English subtitles) of Funny Man Shimon Dzigan on life in
ATTENTION HIGH SCHOOL STUDENTS
Israel and other sketches. All welcome! For information, call
Roz Wagner 487-9795 GNS Talmud Torah is looking for student tutors one hour per
week on either Monday or Wednesday between 4:30 pm and
PARENT CHILD LEARNING ON MOTZAI SHABBAT 7:30 pm. Chesed hour credits are available. Please contact Rabbi
Every Saturday evening, there will be a new program at Great Neck Polakoff at rabbi@gns.org.
Synagogue, parent-child(ren) learning. From 6:30 – 7:30 pm,
parents of middle school age children are invited to come to GNS for
this special program.
SUPER BOWL PARTY Come join the GNS Youth for our Super
WOMEN’S TUESDAY LEARNING Bowl Party Sunday, February 6th starting at 6 pm at Braun
The Tuesday class with Amit Yagoubi will begin at 10:30 am. Youth Center. Sign up at www.gnsyouth.org/superbowl
The class will focus on “Tomer Devorah” How to tap into the 13
attributes of G-D. Five weeks cost $50. Individual classes $12.

NEW MEMBER DESSERT RECEPTION

We welcome new and prospective members of Great Neck Synagogue
to a Dessert Reception on Saturday evening, February 12th at 8:30pm Sunday, 25 Shevat
at the home of Debbie and Hal Chadow, 50 Dickenson Place. Rabbi
Mark Abraham for Yitzchak Shalom Abraham
Dale Polakoff will offer welcoming remarks. Please join us!
Miriam Bader for Lena Bader
David Birnbaum for Andor Jack Birnbaum
WANTED DONATION OF A USED CAR David Goddard for Norman Goldberg
The synagogue is looking for someone to donate a car Louis Goldstein for Minnie Goldstein
for use as a deterrent for security measures. It will be Elizabeth Katzwer for Johanna Schwarz
painted to look official and a beacon will be installed on Abraham Krieger for Tonia Krieger
the roof. The car does not have to run well, it just has Monday, 26 Shevat
Diane Rein for Helene Marcia Fink
to be able to be driven in and around the shul. The body
Ruth Seif for Hadassa Dolinsky
needs to be in decent condition. Please contact Scott Y Lillian Singer for Sarah Kitay
Danoff if you have such a vehicle, and would like to A Marilyn Weingarten for Irving Weingarten
make a tax deductible donation to the shul.
Call Scott at 516-606-4922.
H Tuesday, 27 Shevat
Sharon Herman for Joseph Adler
R Uri Rosin for Miriam Aldouby
KOL HANEORIM PROJECT Z Morris Seidman for Mala Seidman
This year in conjunction with our 59th Annual Journal Dinner we are
launching a new and exciting project in honor of our children. We
E Wednesday, 28 Shevat
Frank Bachrach for Ludwig Bachrach
are very blessed to have a shul with so many families, young and I Oded Daskal for Dov Daskal
old, with numerous children and grandchildren. Each Simchas
Torah our children and grandchildren gather together under a
T Shulamid Gavronsky for Israel Kopelowitz
special tallis for Kol Haneorim, an aliyah dedicated to the children. Howard Lorber for Ronald Lorber
Our project is to dedicate a new tallis that will be a true piece of Thursday, 29 Shevat
art that will be used each Simchas Torah as well as displayed Murray Rabinowitz for Lea Rabinowitz
throughout the year. We have commissioned an experienced artist Stephen Rabinowitz for Lea Rabinowitz
to design this tallis exclusively for the families of GNS. We know Judith Weinstein for Fanny Weisman
that you will want to be a part of this unique and historical GNS Friday, 30 Shevat
opportunity. There are a limited number of dedication opportunities Victor Ancelson for Carolina Galateanu
so we ask that you to please respond quickly and generously. We Kenneth Magida for Abraham Bilsky
encourage all families to participate in the project; together we can
Hilda Schulman for Oscar Trainer
create a beautiful tallis to cover our children as they receive their
George Schuman for Bernard Schuman
bracha. Please go to the website www.gns.org and see the
rendering of this tallis and the list of donation possibilities.