Hakirah: The Flatbush Journal of Jewish Law and Thought

After the destruction of European Jewry in the previous century, the last 70 years have seen a rebirth of the Jewish people, both in Israel as a result of the establishment of the state and in the United States primarily as a result of the influx of the remnant of European Jewry. Against all predictions, the Torah communities in these two centers have emerged in recent years as Jewry’s most vibrant elements. In the past decades other segments of Jewry have begun to fade, while Orthodoxy continues to thrive. With this growth, however, comes the responsibility to be involved not only with the spiritual needs of Klal Yisrael, but also with its material ones. As other segments of American Jewry diminish not only in numbers but also in their inclination to stand up for Jewish values and the Jewish State, our opening article asks “Who Will Support the State of Israel?” Other articles in this issue deal with the impact of some of the dramatic changes that have occurred within Jewry during these last seventy years and Orthodoxy’s attitude towards these changes. A Hebrew article looks at a famous essay by Rav Yitzhak Hutner and gives a new, more nuanced interpretation of his stance on Zionism. With Israel’s return to their land, one Halakhah article asks whether the laws regarding “Mourning the Hurban in a Rebuilt Jerusalem” still apply, while another, “Acknowledging a Miracle with a Berachah,” asks whether the time has come to make a berakhah upon seeing Jerusalem’s Kidron Valley. Menachem Elon tried to integrate traditional halakhah with modern legal systems within Israel’s court system. A Hebrew article takes a close look at one of his cases to evaluate his methodology. In our History of Halakhah section, “The Intersection of Halakhah and Science in Medical Ethics: The approach of Rabbi Eliezer Waldenberg” looks at the halakhic method of Israel’s most influential posek in the realm of science and medicine. Also in our History of Halakhah section, “Can a Ger Tzedek be appointed Parnass” looks back to the 17th Century to another newly formed Jewish society, which grew, in part, as a result of an influx of anusim from Spain. In addition to providing a glimpse of the challenges of this time, the article introduces us to the work of halakhic authorities little known in our day. Another focus of this issue is modern analysis of the words of the Rishonim. As is often the case, Rambam’s words come in for special attention. In “Further Reflections on Classification of Mishneh Torah: Real Answers to Real Problems,” an academic scholar takes on a challenge by Prof. Haym Soloveitchik to explain several anomalies in Rambam’s organization of Mishneh Torah. In “The Sin of ADU,” the authors use statistical analyses to corroborate Rambam’s heretofore puzzling assertion about a well-known rule concerning the onset of Rosh Hashanah. And, in “Pikuach Nefesh for a Ger Toshav” the author claims that a careful reading of Ramban and Rambam is necessary to establish their position on this controversial issue. Two additional articles focus on other Rishonim. “Divine Providence and Natural Forces: Conflict or Harmony?” looks to Ramban and other Rishonim to unravel their positions on one of the major principles of Judaism. “Some Aspects of Originality in the Responsa of R. Simeon Duran” is a study of Tashbetz’s teshuvot that reveals his creative leanings. Two other articles demonstrate how factors other than careful reading of the sources influence interpretations of halakhah and halakhic decisions. In “The History of an Interpretation of Sixteen Drops of Wine at the Seder,” the author shows how modern sensibilities eclipsed the reason given by Rishonim for an ancient custom. And in “The Silkscreen Sefer Torah,” the author makes an argument for the use of a new, less expensive methodology for writing Sifrei Torah and posits an explanation as to why a method supported by one of America’s leading poskim was so forcefully opposed.