I received two emails today that gave me pause.
One was from R. Eli J. Mansour's "R. Jacob S. Kassin Memorial Halacha Series."
The other was from R. Ya'aqob Menashe's "A Torah Minute."
The Torah Minute was headlined "Using a Hot Water Bottle on Shabbat."
While to bottom line was it is permitted providing . . . , the decision's logic left me "cold."
The initial logic is valid. "The Shulhan 'Arukh rules that one may not place a vessel containing hot water on one's stomach on Shabbath, or even on weekdays, because of the danger to one's person if the water is scalding hot. " (Coffee and McDonalds come to mind.)
According to R. Menashe, "This refers to a vessel that was open. It would appear, therefore, that according to this rationale , there is no problem with placing a hot water bottle on one's stomach on Shabbath since it is closed."
The problem is that the ”Tosafoth, however, are of the opinion that this would still be forbidden because of Refuah (healing) on Shabbath and, accordingly, one could not use a hot water bottle on Shabbath." It IS OK, according to R. Menashe's email, to warm clothing on Shabbath and place it on one's stomach. And the difference is?
Excuse me - refuat ha'guf is forbidden on Shabat.? That flies in the face of both Torah and logic.
But this reasoning is supported in R. Mansour's email that tells us it is forbidden to take medicines on Shabat.
The early rabbis who prohibited taking medicines on Shabat had some logic - if not common sense and refuat ha'guf in mind - when they feared that if someone took medicine on Shabat the person - or someone on that person's behalf - might have to grind and compound the medicine. Grinding is forbidden by the rabbis as similar to work forbidden by Torah on Shabat.
HaShem gave us double portions on Friday so we could eat on Shabat, but apparently the rabbis in their "wisdom" overlooked the option of preparing medicines - like preparing Shabat meals - before Shabat. I take a handful of pills morning and night and, trust me, I grind and compound none of them.
The really upsetting part of R. Mansour's email is that ”it is permissible on Shabbat to take medications that have no healing effect, but serve to regulate certain functions of the body. Common examples are pills taken by women to increase fertility, and contraceptive bills." I can take a vitamin as "enhancements to my health" but I am forbidden to take my prescription meds that ARE critical for my health.
That makes even less sense than the contents of R. Menashe's email.
There are many, many things that today's "Orthodox" rabbis need to revisit in light of the times. The problem is, no one feels they have the stature to even suggest that rabbinical decisions from the distant past should be reexamined. Perhaps they are right. Who today has the stature of a Yosef Dov Soloveitchik, Moshe Feinstein, Menachem Mendel Schneerson among the Ashkenazim, or Sholom Messas, Yaakov Abuhatzeira, Baba Sali, Raphael Berdugo, or Raphael Baruch Toledano among the Sefardim/Mizrahim. I would suggest that R. Yisrael Meir Lau and Hakham Ovadia Yosef could raise the issues as the leaders of this generation. To some extent they seem to be trying to gradually bring "orthodoxy" into - if not the 21st century - at least the 20th century.
Still, decisions such as prohibiting the taking of medicines on Shabat and the use of a hot water bottle on Shabat make "orthodoxy" a laughing stock and either drive otherwise observant Jews to ignore the rulings or lessen their overall observance. Jews in the Conservative, Reform, and similar camps hold such rulings- and the people who follow them - up to ridicule.
There are many rabbinical decisions that need to be revisited.
Leading rabbis, rabbis with acknowledged authority - such as R. Lau and Hakham Ovadia - can follow in the traditions of the rabbis before them an make changes based on strict halacha.
If "orthodoxy" is to survive, it must be brought into the 21st century.
It's time the rabbis of note went back to the source - Torah biktav - to interpret G-d's laws as they apply in our time. After all, even G-d admits the Torah belongs to us; it is no longer in heaven.
הריני מקבל עלי מצוה עשה של ואהבת לרעך כמוך, והריני אוהב כל אחד מבני ישראל כנפשי ומאודי
