By Rav Aryeh Z. Ginzberg
Chofetz Chaim Torah Center
Despite the best efforts of religious leaders and national religious organizations, the U.S. Supreme Court voted to recognize the “new” definition of marriage that has already long been accepted throughout most of the free world. Political commentators, religious leaders, and politicians throughout the country have long predicted this would eventually happen; the debate was not if it would happen, but when.
I would like to share two thoughts about this issue.
One of the secular Jewish newspapers featured two op-ed columns that took opposing positions in response to the Supreme Court ruling. One Orthodox rabbi classified this as a chillul Hashem, a desecration of Hashem’s name. The other writer, who was described as a leading member of the “Open Orthodoxy” movement (which is not, in fact, Orthodoxy) strongly disagreed. He posits that a law that allows every human being to have his/her way of life recognized equally is not a chillul Hashem, but on the contrary, there is no greater “kiddush Hashem” than this.
This discussion caught my attention. How are we, as Torah Jews, supposed to understand this debate between kiddush Hashem and chillul Hashem? The first step would be to clearly define what a kiddush Hashem really is.
If we focus on the unfolding tragedy of Mei Merivah in Parashas Chukkas, the definition is made clear. Every child in cheder is familiar with the painful story: Hashem told Moshe to speak to the rock and draw water for Klal Yisrael, but Moshe changed courses and instead hit the rock—and for that, his most heartfelt and deepest desire in life, to enter Eretz Yisrael, would be denied him.
This is one of those episodes in the Torah for which there is no simple explanation of what truly happened once we move beyond the cheder level of understanding. We need to look deeper.
The Midrash Rabbah explains that HaKadosh Baruch Hu prepared a particular rock that Moshe was to speak to, and it was commanded to bring forth water when spoken to. Klal Yisrael began to say amongst themselves that Moshe, with his great wisdom, knew the language of rocks, and he could select any rock to speak to and it would bring forth water. Moshe now had a dilemma. On one hand, Hashem said he should speak to this specific rock; how could he not follow that directive? On the other hand, it would be a greater manifestation of Hashem’s greatness if he would just choose another rock to speak to—and how could he not do something that would result in a greater kiddush Hashem?
After deliberating the matter, he chose to do as Bnei Yisrael asked and he selected a different rock. But when he spoke to that one, nothing happened, for this rock had not been commanded by Hashem to respond to Moshe’s request. He then repeated the request a second time and again nothing happened. Finally, he picked up his matteh (stick) and hit the rock, and the water finally came.
Now, if Moshe changed Hashem’s directive for the sole purpose of bringing about a greater manifestation of kiddush Hashem, why was he punished so severely that even 515 tefillos (the gematria of Va’eschanan) could not reduce his punishment of never entering Eretz Yisrael?
The Alter of Novardok, in his classic seferMadreigas HaAdam, offers an explanation. No matter how great the vision of potential kiddush Hashem—even when the visionary is Moshe Rabbeinu himself—if Hashem instructed different behavior, then it may look like a kiddush Hashem, it may feel like a kiddush Hashem, but in the eyes of HaKadosh Baruch Hu, it is nothing more than violating His directive. And not only is it not a kiddush Hashem when Hashem’s directive is not followed exactly as given, if it is done in front of the eyes of Klal Yisrael, it may even be defined as a chillul Hashem; hence, the most serious punishment of all was in order.
The new marriage law may be more inclusive of people, and maybe on some inappropriate level it will allow many people to feel equality and acceptance for the first time in their lives, but one thing is certain: it is not a kiddush Hashem! It legitimizes a lifestyle that the Torah labels “to’eivah” and which the Torah in several places prohibits in the strongest of terms—that is chillul Hashem of the highest order.
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My second thought, which was my primary reason for discussing this topic, was my deep and personal trepidation of what this new law will mean to our very safety and future in this country.
Exactly 40 years ago this past erev Shavuos, I had the great z’chus to visit with the Yerushalmi gaon Rav Lezer Platchinsky, zt’l (the youngest son-in-law of Rav Aryeh Levine, zt’l) at his home, where he shared some thoughts with a small group of yeshiva students about the upcoming yom tov.
One point touched me deeply. He explained that when we recite the berachah of “Asher bachar banu mikol ha’amim v’nasan lanu es Toraso,” we should reflect upon just how different we truly are from the goyim, who have not received the Torah. We were so changed and uplifted by that experience of Kabbalas HaTorah that we live in a different universe. The requirement that all mankind has to live a sanctified life and to follow in G‑d’s ways are so vastly different for us.
He then gave us the following example. The Torah commands us not to commit murder. The nations of the world are also commanded to keep this law. The Gemara (Chullin 92b) describes how the goyim keep this law and asks, “But we see that they commit murder every day.” The Gemara responds that they don’t eat the flesh of their victims. The Gemara then continues, “But we see that they do this as well,” to which the Gemara responds, “But they don’t advertise the selling of human flesh in their markets.”
Rav Platchinsky contrasted this to the manner in which Klal Yisrael keeps this mitzvah. When taking stones for building the Mizbeiach, Klal Yisrael is commanded not to use any stone that was cut with a metal instrument. Since a knife can be used for evil purposes, by killing someone, we must greatly distance ourselves from such instruments.
Rav Platchinsky gave another example. The Gemara (ibid.) says, “What merit do the nations of the world have to exist? They are mekayem the commandment not to commit adultery.” The Gemara asks, “But they violate this every day as well,” and the response is, “But they don’t commit mishkav zachar.” The Gemara continues, “But they violate this every day as well,” and the Gemara explains that while they do violate this law, they don’t write a kesubah for such a relationship. Rashi explains that while they commit this terrible sin, they don’t officially recognize and sanction it by actually writing a marriage document.
Again Rav Platchinsky contrasted this with the way Klal Yisrael observes its level of kedushah. The Torah requires a ramp, not steps, leading up to the Mizbeiach (Lo sa’aleh b’ma’alos al Mizbechi) so that there would not be a slight breach of tzniyus for the kohen to walk up steps and possibly reveal a concealed part of his body while doing so. Again, we see the vivid contrast between the kedushah of Klal Yisrael and other nations’ actual observance of Lo Tirtzach and Lo Sin’af.
And this is why I am so frightened for our future. We live in one of the most powerful, successful, and wealthy countries in the world. With the vast resources at our disposal, the future of the country is assured. Never before have so many Yidden reached the pinnacle of success in their respective fields and achieved such wealth and abundance on the level that we have now.
Why is this so? Because Rav Moshe Feinstein, zt’l, often referred to our country as a medinah of chesed. In the z’chus of all the chesed and equality that is the bedrock of our country, we have been zocheh to unlimited affluence and success and are the undisputed leaders of the world. (Unlike Communist Russia, which the Chofetz Chaim, zt’l, predicted would last no more than 70 years!)
Yet all that can change. If American society has taken away the very z’chus that the aforementioned Gemara says the nations of the world continue to exist by, then despite the power, the affluence, and the influence, there will be no future for its people, or for Klal Yisrael who live amongst them.
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These are the thoughts that I cannot shake. It would seem that in light of this Gemara, our esteemed Supreme Court has not only jeopardized our lives as Torah-observant Jews, it has jeopardized our very existence. v