Ask Rabbi Pinky -- On Erecting a Tent on Shabbos

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Ask Rabbi Pinky -- On Erecting a Tent on Shabbos

Rabboisai,

This week I address the critical question of Hilchois Shabbos.

Yoinoison Phey. writes:

"Dear Rabbi Schmeckelstein,

"Is it true that the Torah says you cannot wear boxer shorts on Shabbos for fear of making an ohel (ed.: tent) if you get a... well, you know?"

"Your Talmid, Onan"

Reb Yoinison,

Thanks you for asking such a serious question that elevates our mundane daily lives to great heights of Toirah, and allows us to deeply penetrate that dark and precious abyss that is Halacha.

Indeed, this issue is a shver inyun that touches upon several halachic questions addressed in the Gemarra, by the Rishoinim, and by Larry Flynt in last year's Hooters Holiday issue. I will try to give the topic its fair due. Questions touched upon include:

-- Binyan: Construction, such as erecting a tent on Shabbos Koidesh
-- Muktza: Using something for which it was not intended
-- Machshava, or intent: Such as, "what is the intent of the owner?"

This exact question is first asked in a Gemarra in Shabbos, Daf Zayin, Amud Aleph. To address this, Rabbah quotes a famois Braisah. According to the Braisah, Rabbi Eliezer Ben Azariah says that a person's body part cannot be counted in establishing a Reshus, an independent territorial domain. However, Rabban Gamliel holds farkhert -- that a body CAN serve as a Reshus. He holds that if someone throws a piece of bread on Shabbos and it lands on top of a woman's double-daled tzitz, it is considered to be in its own Karmelis and it cannot be moved, lest it be carried into Reshus Harabim, the public domain.

Rabbah goes on to note: Given that erecting a tent is an act of construction, and construction is a clear Dioraisa, an Av Melachah no less, "one must take any action to avoid such an occurence." Says Rabbah, Lechatchila, one must always wear a jockstrap on Shabbos, but BiDiyeved, briefs will suffice.

However, the Gemarrah clarifies: "Bammeh Devarim Amurim," when were these words said? Only when the tent is higher than three tephachim (ed.: each tephach is approximately four inches) from the ground, as below three tefachim, the tent would be part of the ground itself.

Abaya and Rava then argue over the implication. Abaya notes that as a person's supine body is at least three tephachim high if you include the torso as part of the tent, only a "little kleinickel man" would be below the three tephach high minumum, according to Abaya. Therefore, most men could not wear boxers. Rava, on the other hand, holds that the tent actually starts at the top of the body, above the torso so that the makom hamilah itself would have to be three tephachim high. Says Rava, "only a freak or the goyyishe porn star Johnny Wad Holmes would have to worry about this Dioraisa, so let's move on to more important things, like using a kli reviyi in making Hawaiian Punch." Shoyn.

So what is the correct position? There is a famous three way machloikess Rishoinim that addresses this. According to the RASHBAM, we hold like Rava, since most men enjoy wearing boxers, and we wouldn't want to deprive them of their Oineg Shabbos.

However, the RAN states that we hold like Abaya. However, the issue, according to the RAN, is not one of Boneh, or construction. Rather, it is an issue of muktza, or the inability to use an item on shabbos. Among the categories of muktza is Muktza Machmas Miyus, or something which is off limits because it is unseemly. And what can be more unseemly than a man's schvantzlach. Consequently, since they serve as the "house" for such gross things, boxers may not be used for any other purpose on shabbos.

But the TUR tells us that this is nisht azuy pashut -- it's not so simple. He notes that not all schvantzlach render boxers off limits -- just those that are K'Baitzah, the size of an egg; however, if they are only KaZayis, the size of an olive, they are considered too small to be offensive, and therefore using boxers is permissible.

But, what about intent? Even if one has a ridiculously large makom hamilah, or if his baitsim are KeBaiyah or even KeEshkoilis, he certainly has no desire to build a tent, so why should he be denied the pleasure of loose fitting cotton? What's Pshat?

There is a famous story about the Kutzker Ruv. The Kutzker was travelling through the fjords of Norway to raise money for his Chassidim. For Shabbos, he stayed in a lodge outside Oslo run by evangelical Lutheran supporters. On Shabbos morning, he woke up to the sound of a knock on the door, and who should be standing there, but Brunhilda, the six foot tall chambermaid. "Rabbi," the chambermaid said, "how can I make you feel more at home?"

The Kutzker responded, "back in Kutzk, on Shabbos morning, I always have a little herring and a shot after davening. Do you think it's possible to do the same here?"

To that, Brunhilda entered the room, closed the door, and said, "Rabbi, if you snack on the matjes for about twenty minutes, I will let you finish with a shot."

That afternoon, the Aimishteh came to the Kutzker Ruv in a dream. "Rebbe, how come you were mezaneh with the groissa shiksa this morning?"

"Rebboinoisheloilum," the Kutzker answered, "I am in freaking Scandinavia. I only wanted to have a little Oineg Shabbos."

"Well, next time," Hakkadoshboruchhu said, "just go whale hunting like everybody else around here, and leave the herring and the shot for the shtibul."

So despite having the proper intent, sometimes we can do something that is inappropriate. So my advice to you, Reb Yoinoison, is that while Halacha Lemaisah it might be okay to wear boxers, truth be told, it is not in the spirit of Shabbos. Wearing boxers is not Shabbosdick.

So it is best to stick with briefs. Although if you see an am haaretz wearing boxers, there is no reason to say anything -- since he is not a true Ben Toirah, he probably has small Schvantzlach anyway.

Ah Gutten Shabbos You Minuval

Parshas Pinchas

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Parshas Pinchas

This week's Parsha, Parshas Pinchas, is named after me. After all, Moishe Rabbeinu certainly had Ruach Hakoidesh and could easily foresee the day, 3500 years in the future, that a full bearded white man wearing a long black coat and big, black felt hat would use electronic pulses to share deep insights on the words of the Reboinoisheloilum with people like you – minuvals who need an occasional five minute break from surfing porn. Isn’t it obvious? No wonder Moishe Rabbeinu was always so optimistic about the future of Klal Yisroel!

Ironically, this week’s Parsha also opens with the celebration of Pinchas Ben Elazar -- the grandson of Aroin Hacoihain, the minuval -- who at the end of last week's episode emulated the rich, warm, personal connection of the Aimishteh and Klal Yisroel by slaughtering an Israelite man and his Midianite girlfriend with a spear, initiating a plague in which 24,000 people died.

Reb Hai Goyn asks the question: Who were these 24,000 people? Was inter-dating such a widespread activity for the holy Dor Mattan Toirah? What’s pshat?

According to Rabbeinu Tam, the 24,000 included not only people who dated Midianite women, but also various cross-dressers, insurance salesmen, fundraisers, lawyers, and telemarketers.

But the Mordechai disagrees. He holds that none of the group who died in the plague were dating Midianite women. Rather, all were members of Klal Yisroel who were also Amway representatives.

Yet the question about the centrality of Midianite women to this Parsha does fall away that easily. A Gemarrah in Chulin asks the question: Why was Moishe Rabbeinu immune to the plague targeted at all members of Klal Yisroel involved with Midianite women? Indeed, Moishe’s wife was the daughter of a Midianite priest!

Rav Ashi points out that we learn from this the halacha that while interdating is banned, intermarriage is acceptable, as long as the marriage represents a step up in social class. He goes on to point out that Midian was considered to be the crème de la crème of Late Bronze Age Near Eastern society. According to Rav Moishe Feinstein, in our age this ruling would apply to Episcopalians, Lutherans, and wealthy Republicans.

But Rish Lakish holds farkhert. He holds that interdating is not only acceptable, it is encouraged. And it is intermarriage that is not permitted, even when the woman converts. However, Rish Lakish notes, chazzal tell us that Mrs. Moishe was exempt from this restriction since even after her conversion she maintained several of her… err…goyisha practices, in particular one that I cannot get my bashert to do no matter how much I beg.

There is a medrish, however, which tells us that the plague did not really kill 24,000. Rather, only 4,000 people died. However, the Toirah improperly counted an extra 20,000 people who were projected to die during the remainder of the year. This, however, resulted in an accounting scandal and a significant decline in Market Value for which Moishe Rabbeinu was held responsible. And, according to this medrish, the real reason that Moishe was not able to enter the Promised Land was that as a result of this episode, he had to spend 25 years in a minimum security penitentiary for white collar crimes and pay $2 million shekels in fines and back taxes. Shoyn.

The M'EERIE asks a question on a different part of this Parsha: Why is the story of Pinchas juxtaposed with a listing of the clans of the tribes of Israel, followed by a discussion of property and inheritance rights highlighted in the story of the Bnois Tzeluphchud. The daughters of Tzeluphchud request the right to inherit their father's property, given that he had no sons to receive the inheritance. After consulting with the Aimishteh and several leading estate lawyers, Moishe Rabbeinu accepts their argument. So, what does one story have to do with another?

The Bais Yoiseph suggests that the Toirah put the stories together to teach us that if a parent dies and you argue over the inheritance with your siblings, you are allowed to drive a spear through their stomachs, as Pinchas did.

But the Nair Havdalah (born 1938; died 1969 at Woodstock of a bsomim overdose) suggests that farkhert, the reason that Klal Yisroel, still in the desert at this point, were even focused on property and inheritance, even before entering Eretz Yisroel, is that they were beginning to process their mortgage applications. And the story of Pinchas tells us that whenever you prepare to purchase real estate, you should always show up to the closing prepared for the worst.

I, the RAPAS (Rav Pinky Schmeckelstein), would like to suggest an alternative explanation for the episodes being presented together. If we contemplate the logical result of the petition of the Bnois Tzeluphchud -- these young Bas Yisroels, Bais Ya’akov girls I imagine, were instantly considered desirable. Even if they had one eye and seven arms between them, they were women who owned property, and that made them nice catches. This Parsha comes to teach us that this applies to Midianite women as well: A Midianite woman who eats pork, worships idols and is regularly mezaneh with farm animals is also desirable, as long as she owns property.

So if you are going to marry out, at least marry rich.

Ah Gutten Shabbos You Minuval

Parshas Balak

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Parshas Balak

In this week's Parsha, Parshas Balak, we are provided a welcome respite from the usual rigmarole of the Toirah -- no Moishe Rabbeinu, no Aharoin the minuval, no vilda chaya Klal Yisroel -- until the very end of the Parsha. No regulations regarding sacrifices or other Priestly responsibilities. No critical laws that continue to enrich our lives until today, such as the prohibition against eating creeping insects while having relations with your father's wife on Yoim Kippur.

The RAMBAN asks the obvious question: why does the Toirah veer away from focusing on Klal Yisroel, the Chosen People, the Goy Kadoish, and focuses instead on Bilaam, Balak, and a talking she-ass? What’s Pshat?

The Tzitz Eliezer suggests that the Rebboinoisheloilum was suffering from writer's block, and was forced to plagiarize a script he found on the Internet in order to meet His tight deadline.

But the Schvantz Mordechai vehemently disagrees, saying that the Aimishteh was renowned for delivering his scripts on time, but that union issues with the Screen Actors Guild resulted in a walk out by Moishe and the rest of Klal Yisroel, requiring some quick rewrites and recasting with low cost fill ins ("scabs" in Yiddish). By Parsha's end, of course, the strike was settled, just in time to enjoy the usual hijinks of Klal Yisroel being smitten by a plague that killed twenty-four thousand. He cites as proof a medrish in Yechezkel Rabbah suggesting that the reason Moishe wasn't allowed into Eretz Yisroel was because his affinity for labor was expected to make Yehoshua's right-wing coalition unstable.

So what of Bilaam and Balak? The Gemarrah, in discussing this Parsha, notes how strange it is that Bilaam is portrayed by the Toirah as having a personal relationship with Hakkadoshboruchhu, referring to him by name, and mentioning several times that Bilaam had His personal cell phone number.

Says the Gemmarah, according to a Bas Kol (a voice emanating from heaven), Bilaam was in fact not associated with the Rebboinoisheloilum at all. Says the Bas Kol, "The Aimishteh denies that any alleged contacts with Mr. Bilaam took place at any time, and expresses that any alleged leaks were certainly unintentional and not a violation of Federal law. As well, Hakkadoshboruchhu has engaged a private counsel, and will have nothing else to say on this matter at this time."

Rav Huna rejects the Bas Kol, citing credibility issues arising from previous high level leaks that took place following the "Golden Calf" affair. Instead, he suggests that the Bilaam story is actually a legend created by the author of the E text in order to support Israelite claims of manifest destiny over Moabite territories by referring to Bilaam, a historical Near Eastern shaman. Unfortunately, Rav Huna disappeared without a trace before he could prove his theory.

Rav Ashi suggests, however, that Bilaam did indeed have a relationship with the Rebboinoisheloilum, but tried to exploit that relationship in order to develop his own following and offer an alternative religion, a substitute to Toiras Moishe. He points to a medrish that says that Bilaam was supported by a band of nerdy looking teenagers who were always doggedly handing out deceptive looking fliers in the subway during rush hour advocating membership in “Bedouins for Bilaam.”

Indeed, this interpretation points to a paradox at the heart of Yiddishkeit. Judaism itself is an alternative, a substitute for the pagan beliefs and rituals pervasive in society until the time of Avraham Avinu. As such, we have from time immemorial lived side-by-side with others, yet remained committed to alternative philosophies and approaches based upon our conception of monotheism and the practices inspired by our core belief set.

Yes, Judaism is dedicated to the concept of being unique, both in our faith and in our material existence. Take food, for example. We separate ourselves from the animals and the anti-Semite nations of the world by our dietary practices. Others eat pig; we do not. Other mix milk and meat; we consecrate our lives by putting non-dairy creamer in our coffee.

Take aesthetic habits. The women of other nations expose their hair as they prostitute themselves; we, on the other hand, assert our holiness and superiority by wearing $3000 dollar wigs.

A maaseh shehoyo: The Pri Megadin was once at a bachelor party for his brother in law, the Eliyahu Rabbah. After going out for steaks, they eventually ended up at the best strip club in all of Lithuania. One of the exotic dancers, Ruchel, came over to the Pri Megadin and whispered in his ear, "Rebbe, I have always been inspired by your commentaries. Would you like a lap dance?" The Pri Megadin looked at her closely, leaned forward, and replied to her, "Meideleh, I don't fraternize with shiksas."

"But Rebbe," she said, "I am as Jewish as your wife!"

"You don't show it. My aishess chayil projects her Jewishness with her elaborate hair covering, separates herself through her elegant-though-modest mode of dress, builds upon the Devine's creation with her delicate rhinoplasty, and truly distinguishes herself with her double-D implants."

The Pri Megadin then puked and passed out at the bar, and spent the night sleeping on the floor until it was time for Shacharis.

Ah Gutten Shabbos You Minuval

Parshas Chukass

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Parshas Chukass

This week's Parsha, Parshas Chukass, has more action than an episode of Desperate Housewives. Let's see:

-- There are four confrontations with other nations, three of which result in wars
-- There are two rebellions of Klal Yisroel against the Aimishteh
-- Moisheh Rabbeinu, undoubtedly prompted by his good-for nothing brother, Aroin Hacoihain, the minuval, hits a rock and loses the right to enter Eretz Yisroel
-- Aroin Hacoihain dies (or at least he claims to; I think he actually returns to Egypt to open a falafel stand in a strip mall)
-- We learn about the Parah Adumah, the laws of the red heffer.

Once again, we are confronted by the key questions: Why do the Jews always rebel, those bahaimas? And why doesn't Hakkadoshboruchhu just wipe them out once and for all? (That way, we wouldn't have to read from the Torah every week and I could get home by 11:00 am, in time to watch the end of Saturday morning cartoons -- Er, I mean learn Daf Yoimi.)

If we look at all the grievances that Klal Yisroel raised in the desert, they are largely around sustenance (food and water), security (in the face of hostility from local nations) and leadership (either panic in the absence of Moishe, or challenging his authority). They frequently long to return to Egypt, where they likely still have active bank accounts and unredeemed frequent flyer miles. They never long for a hot shiksa or a ham sandwich, unlike you, you mamzer.

According to the Tzitz Eliezer, all of this boils down to one simple question: Why did the Aimishteh have to make it so difficult on Klal Yisroel? If we are warned against entrapment in the rule known as Lifne Iyver, is not the Reboinoisheloilum bound by the same rule? If He has already selected the Bnei Yisroel as the Chosen People, rescued them through the Exodus, split the sea, given them the Toirah, etc., why can't He just cut them a little slack? Does He really need to constantly test them? Give them some water, for Reboinoisheloilum's sake. Maybe even give them a coke machine in the desert. Provide catering. Give them machine guns; Oig Melech Habashan's bows and arrows won't stand a chance.

Is it that He is bitter? Is it that He likes to see Klal Yisroel suffer, or that He seeks validation from their prayers? Does He enjoy inflicting plagues that wipe out 10,000 minuvals at a time?

This question relates to a tale about the MAHARAL Mi-Prague. One Sunday afternoon the MAHARAL was taking the Golem for a leisurely walk in the zoo in downtown Prague. Noticing a gum wrapper on the floor, he pointed to it and said, "Goilem, please don't ever litter like that." The Golem stared at him blankly, and then suddenly picked him up and threw him over the fence into the monkey cage. The monkeys proceeded to climb on his beard, swing from his tzitzis, and make Mei Raglayim on his hat.

That night the Reboinoisheloilum came to the MAHARAL in a dream. "Why did you let the Goilem humiliate me today in the zoo?" the MAHARAL asked? The Aimishteh, half paying attention, looked up from His newspaper and responded, "Iyoiv (Job), I kill his whole family and he doesn't complain, but you get upset at a dry-cleaning bill!" Upon waking up the MAHARAL immediately renounced his faith and joined the Ethical Humanist Society. (He later returned to the faith when he was told by his congregation that they would not allow him to collect his pension otherwise.)

So the MAHARAL, trying to do a good deed, ends up being punished. Was it wrong that he renounced the faith? Is it wrong for Klal Yisroel to panic in the desert or make what seem like reasonable demands? Indeed, was it wrong for me, when I visited Eretz Yisroel last month, to insist on getting a steep discount on my real estate investment, because while I love the Land of Israel, I suspect the value of my property in Sderot is not going to go up anytime soon?

There is a gemarrah in Yoomah that brings down a famous machloikess between Rava and Abaya. The debate goes as follows: Rava holds that in shul on Yoim Kippur everyone must kneel on the floor four times. His reasoning is that this must be done to show humility before the Aimishteh. But Abaya holds that only half of the congregation has to kneel, while the other half stands around and gossips about the schmucks lying with their knees on dirty paper towels and their faces on the floor. Abaya explains that according to him, there actually is no God, and religion is simply a human construct. He proves the nonexistence of God from a possuk in Beraishis, Perek Yud Daled. Abaya concludes that there is no better way to commemorate this fact than to gossip on the most somber day of the year.

Toisfois comments that real argument here is not about whether or not the Aimishteh exists. Koolay Alma Lo Pligi – everybody knows -- that both Rava and Abaya were thrown out of yeshiva for being atheists, as well as for smoking on Shabbos. Rather, their argument is over the nature of the universe: Rava believes in Karma, that for every action, there is a counter-action. But Abaya holds that everything in the world happens completely at random.

This week's Parsha stands as additional proof of Abaya's position: No matter what they do, Klal Yisroel cannot win. They have to starve. They are attacked. When they complain, they are smitten. Moishe Rabbeinu, for all his personal sacrifices, doesn't even get to enter Eretz Yisroel. And to top it all off, the Bnei Yisroel are told that if they sprinkle each other with the ashes of a red calf all of their spiritual impurities will magically go away.

No, look as hard as you will, you will not find a rational center to the world. Which is why we are required to keep three basic precepts: Judge others as if we were the Reboinoisheloilum; complain as much as possible about the most insignificant things; and act as if we know all the answers about everything, rather than admit ignorance even once, chass v'sholom.

If we follow these basic principles, we may create Hakadoshboruchhu for ourselves and generate a rational nexus for the world. We may save money. And, most importantly, we just might make ourselves more attractive to hot shiksa desperate housewives.

Ah Gutten Shabbos You Minuval