Open Letter to Rabbis of New York State
בס"ד
To esteemed Rabbanim who preside over kehilos
throughout New York State, שליט"א
Peace and blessing.
News of a painful and deplorable situation has
reached my ears, and I must bring it to your urgent attention. Hundreds and
thousands of Jewish children have been barred from attending school this
September, not just from any school, but from orthodox day schools and
yeshivos no less!
Rumor has it that some rabbonim have given their
imprimatur to administrators of mosdos to exclude children who haven’t received
all the vaccines required by New York State’s mandatory vaccine schedule, which
includes the Hepatitis-B vaccine. This rumor is very disturbing.
Of course, a child who hasn’t been immunized
against Hepatitis-B poses no risk to anyone. Hepatitis-B can only be spread
through intercourse, drug needles or blood transfusions. In fact, an individual
who is sick with it may even attend school, as it’s not contagious through
casual contact. There is no halachic or hashkafic reason that obliges a parent
to give their child this vaccine, and there is absolutely zero halachic basis
for coercing parents to submit to this state requirement.
Even the rabbinic adage “Do not separate yourself
from the congregation” clearly does not apply in this case[1], as every
shot, vaccine or injection poses some risk (albeit minimal) to its recipient.
Indeed, every needle puncture is considered a חבלה, a wound which halacha prohibits inflicting upon oneself[2] unless it is
medically indicated for an actual and necessary refuah to this specific
individual, a healing procedure that the Torah requires because of ורפא ירפא, “…he shall surely heal.”[3] Surely our sages would never
wish us to submit to possible risk or halachically-unjustifiable behavior just
for the sake of “not separating from the congregation.”
(It should be noted that NY State is hoping to add
numerous other shots to the list of mandatory vaccines in the near future,
including HPV, a dangerous vaccine that has been linked to infertility in
girls, ה' ישמרנו.)[4]
Needless to say, it’s the exclusive right and
prerogative of each individual to choose or decline this vaccine for himself
and his children. As such, the recent law passed in New York State to bar a
child from school (simply for not having been vaccinated for Hep-B) is unlawful
and a violation of a parent’s First Amendment rights, as well as the most basic
G-d-given rights of bodily autonomy and personal obligation to safeguard one’s
own body from risk or unnecessary חבלה. Our children’s bodies do not belong to the government, only to
Hashem.
But more importantly, this law is a grave violation
of our holy Torah which requires us to maintain schools that educate all
children without exception. Nearly two-thousand years ago, in the days of
Yehoshua ben Gamla[5], our sages
enacted a communal obligation on every single Jewish community throughout the
world to hire Torah teachers for all children of the city[6].
Any city that does not comply and does not have school-teachers for all its
children is duly excommunicated until they comply with our sages’
ordinance[7], since the world only exists
in the merit of the breath of the mouths of Jewish school children, a breath
that has no sin, etc.[8]
No child is excluded from this communal obligation.
Even a child who cannot read[9] or whose
parents cannot afford tuition must
be allowed to attend. The only valid halachic reason a teacher (and community)
is exempted from teaching a student is actual incapacitating illness of the
student.[10]
Actual, not theoretical illness based on statistical models or speculative
probabilities. Whoever wishes to interpret the halacha differently or
nonliterally bears the onus of proof.
It
goes without saying that it is patently forbidden to exclude any Jewish child
from attending school and studying Torah for any other reason, how much more so
because of an unlawful state ordinance that opposes the law of our holy Torah. [11]
Thus, I was
shocked to hear the disturbing news that at
this present time, thousands of Jewish children have been wrongly ousted from
their schools and yeshivos and are not permitted to return to school this
coming Elul. The present dire situation invokes our sages’ ominous words:
"Rav
Hamnuna said: Jerusalem was destroyed only because schoolchildren there were
interrupted from studying Torah, as it is stated: '[And I am filled with the
wrath of Hashem, I cannot contain it], pour it onto the children in the
street...'[12] Rav
Hamnuna explains: What is the reason that the wrath is poured? It is because
'children are outside in the streets' and are not studying Torah." [13]
And
here we are, 1,950 years later, Jewish children are yet again “outside on the
streets,” being barred from attending school, “interrupted from learning
Torah.” This outrageous situation worsens from day to day, and not one single
word of protest… ואין פוצה פה ומצפצף!
What
has happened to our rabbinic leadership? Why the silence? Why the inaction?
Who
is taking responsibility for these children!?
The
silence is deafening.
Numerous
administrators have been asked: “Hayitochen? How can you throw out this
child? Did you get a heter from a rov?” They respond affirmatively, that
rabbonim have granted them a heter and rabbinic stamp-of-approval to oust these
children from school!
Hoyo
lo sihye! Rachmono
litzlan. Heaven forfend! Have we sunken so low that such obvious and basic
Torah principles have eluded our rabbinic leadership?
Let’s
judge our rabbis favorably and assume that this rumor is not accurate, and that
administrators are acting independently of any rabbinic imprimatur. In that
case, the question must be asked: why haven’t we heard even one single word of
protest from any of our rabbonim?
Is
it an example of Talmudic logic, “since they were silent, we may infer that
they approve?”
Throwing
a Jewish child out of school is akin to a death sentence, in the spiritual
sense at least. This sad fact has been tragically borne out time and time again
in recent years. It’s clear that it is dire pikuach nefesh
to keep each precious Jewish child in school, unless for some serious
life-threatening reason.
Can
it be that rabbonim deem not getting immunized for Hepatitis-B vaccine to be a
seriously life-threatening condition that warrants quarantining the child from
his peers? Is this seven-year-old boy or girl indeed a public-health risk? Of
course not. That is utter nonsense.
Please
don’t counter that these parents are at fault for refusing to obey state law to
immunize their child for Hep-B etc. This fact is irrelevant to our communal
obligation to educate this child. Imagine the state would decree that it is
forbidden to do bikur cholim or put tefillin on a Jew who is delinquent on his
state income taxes? Are we then required to obey such a dina d’malchusa!?
Of course not. It’s obvious that dina d’malchusa dina[14]
was not said when the government’s law opposes the law of the Torah.
If
the rumor is indeed accurate, that rabbonim ruled to exclude children from
school/yeshiva because of non-compliance of the state’s mandatory vaccine
schedule, then we are obligated to turn to these rabbonim and respectfully ask:
“מהיכן דנתוני – what is the source of your halachic
ruling!?” Where have you found a source to permit interrupting tinokos shel
beis rabbon (Jewish school children) from their studies, something that halacha
does not permit us to do even for the construction of the Beis Hamikdash!?
And
if there is no source, no precedent, no rhyme or reason to this very disturbing
psak, then we are obligated to protest this errant psak with all our being.
Therefore,
“in a place where there is no man,” in the stunning and appalling silence that
prevails throughout the Jewish world, there is no choice but for me to be the
first one to sound my voice in dire and urgent protest. I hereby protest this
horrific situation and this lapse of rabbinic leadership, which is causing a
deeply frightening and an unprecedented Chilul Hashem, Hashem yeracheim.
It
is not my intent to point fingers or accuse any one individual rabbi, Heaven
forfend. With humility, I ask forgiveness in advance to any one person who
feels slighted. But please understand that when Chilul Hashem is at stake,
there can be no silence and no limud zechus.
I hereby make this protest on behalf of all Klal Yisroel. Truth
is, every Jew of conscience who cherishes the Torah and its mitzvos should
protest, irrespective of their position on vaccines. This protest has nothing to do with
vaccines. It is simply about barring Jewish children from learning Torah for no
valid reason.
My protest is
unequivocal and unambiguous. I protest the shameful actions of brazen school
administrators, as well as the misguided rabbinic rulings that are causing such
an unthinkable stumbling block. I protest the silence, inaction, and
indifference to the horrible travesty that has been committed against innocent
tinokos shel beis rabbon, “each one more precious than gold[15].” I
condemn the bizarre treatment they’ve received from administrators and
directors, as if they’re lepers or untouchables, Hashem yishmor, to be
publicly humiliated, scorned, and neglected by those who are supposed to
represent Torah education!!
A non-Jew may not
decide which child is or isn’t entitled to a Jewish education. What does a
non-Jew have to do with – l’havdil – tinokos shel beis rabban, holy of
holies!?
Let’s recall the bold
words of the Rabbi Yosef Yitzchak Schneersohn after being arrested and
imprisoned by authorities for the “counterrevolutionary crime” of teaching
Torah to children in Stalinist Russia in 1927: [16]
…All the nations of
the world must know this: Only our bodies were sent into exile and subjugated
to alien rule; our souls were not given over into captivity and foreign rule.
We must proclaim
openly before all that any matter affecting the Jewish religion, Torah, and its
mitzvos and customs is not subject to the coercion of others. No one can impose
his belief upon us, nor coerce us to conduct ourselves contrary to our beliefs.
It is our solemn and
sacred task to cry out and state with the ancient steadfastness of the Jewish
people, with courage derived from thousands of years of self-sacrifice: “Touch
not My anointed nor attempt to do evil to My prophets.”[17]
Of
course, this isn’t Stalinist Russia, but the United
States of America, a nation that cherishes freedom. Let us stand up and assert
our freedom.
It’s
time for us all to stand firm and steadfast and oppose this unlawful decree.
It’s time for us to care for each and every Jewish child, even the child from
your street corner whose parents have a different opinion than you about Hep-B
vaccine. It’s time we refuse to abandon even one single
child, even if the government threatens to shut down our entire school.
The
Rambam rules that if gentiles will say to a group of men: "Yield us one
of you and we will kill him, if not we will kill you all,"
let all of them be killed rather than surrender to them one soul in Israel.[18]
We are not permitted to abandon one child in order to save an entire
school. Each individual Jewish child has infinite value.[19] We are not
permitted to sacrifice even one precious child, even in order to save the klal.
Where
is our “Geon Yaakov?” Where is our mesirus nefesh and uncompromising commitment
to the holy Torah!? If our holy ancestors went through fire and water to teach
Torah to their children, despite all odds and horrific persecution, surely we
can stand up and protest New York State’s oppressive decree.
Please
let us all work together to correct this situation starting from right now.
If
the Rabbonim don’t deem it feasible to order administrators to disregard state
law at risk of being shut down, then at the very least, let’s hear a rabbinic
statement of protest, and let them galvanize their communities to publicly
oppose this unlawful ordinance. Let these children know that they will not be
abandoned, and that the entire community stands with them and will work
tirelessly to ensure that they learn Torah too, as Chazal decreed for the past
two millennia, since before the churban Beis Hamikdash. And let us help rebuild
the Beis Hamikdash by stopping the sinas chinam and replacing it with love and
respect for all.
Let’s
all join together to ensure that there is no "עולל
בחוץ", no Jewish
child left outside the walls of the Beis Hamidrash by insisting that every
single Jewish child receives a Torah education.
Moreover, let’s stop the sinas chinam and marginalization of fellow Jews
and their children, and replace it with love and respect.
By
doing so, we will surely merit to rebuild the Beis Hamikdash in our days… and
even then, we may not interrupt tinokos shel beis rabbon from their holy
studies[20].
May these days of
sadness be transformed to days of joy and celebration.
Sincerely,
stating all the above solely for the honor of the Torah
and for the sake of the precious tinokos shel beis rabban,
in the merit of whose breath the world exists,
and for the sake of the precious tinokos shel beis rabban,
in the merit of whose breath the world exists,
Michoel
B. Green,
musmach of Rabbi Pinchas Hirschprung זצ"ל
Westborough, MA
musmach of Rabbi Pinchas Hirschprung זצ"ל
Westborough, MA
PS: With regards to protest, I submitted a
signed affidavit to the judge who is hearing the case against New York State.
This letter is available upon request.)
[1]
Moreover, this adage was stated in Tractate Avos, “Mili d’chasidusa,” teachings
of exemplary piety that exhort the student to go “beyond the letter of the
law.” Surely such laudatory conduct cannot be enforced on the community. Surely
children cannot be barred from school simply because their parents had not
observed a teaching of exemplary piety that is not incumbent on all Jews.
[2] See
Igros Moshe Orach Chaim vol. 3 siman 90, written to one who was prohibited from
fasting on Yom Kippur due to a serious health condition, but would have been
able to fast if he’d receive certain injection(s), to which Rabbi Feinstein
ruled that he must eat on Yom Kippur and may NOT receive an otherwise-unnecessary
injection.
[3]
Shemos 21:19. See Berachos 60a: “ורפא
ירפא – from here we derive
that a doctor has permission to heal.”
[4]
According to recent studies. See https://www.ncbi.nlm.nih.gov/m/pubmed/29889622/
[5] Bava
Basra 21a. Hilchos Talmud Torah by the Baal HaTanya, 1:3.
[6] The
wording: “בעד כל
תינוקות שבעיר” (ibid).
[7] It
should be noted that the Rambam (Hilchos Talmud Torah 2:1) rules that if the
city still refuses to hire teachers for all its children, even after being
excommunicated, then the city should be destroyed! Jewish people must move away
from such a community, which is to be dismantled and abandoned since it would
not provide teachers for its children!
[8]
Shabbos 119b. Hilchos Talmud Torah ibid. See sources cited in the footnotes
there.
[9] Yoreh
Deah ibid 245:9
[10] Code
of Jewish Law, Choshen Mishpat 334:4.
[11] The
above applies to any of the mandatory vaccines, including MMR or polio, since a
child who wasn’t immunized does not have a disease at all, but simply lacks
immunity, and consequently cannot be excluded from learning with his class. The
din cited in footnote 10 only precludes a presently-ill child. Whether
or not one ought to get these vaccines (i.e. MMR, polio, et al) goes beyond the
scope of this discussion, but suffice it to say that halacha does not sanction
coercing parents to accede to these vaccines either. בעזהי"ת I plan to address other vaccines in a future article. In this
letter, I chose to focus on Hepatitis-B since everyone agrees that a child not
immunized for it poses no risk to anyone, not himself nor his community.
[12]
Yirmiyahu 6:11.
[13]
Shabbos ibid.
[14] See
the responsa of Rashba quoted by Beis Yosef in Choshen Mishpat siman 26. See
also Mishneh Halochos volume 9, siman 334 and the sources quoted therein.
[15]
Eicha 4:2.
[16]
Letter from 19 Iyar, 5688.
[17]
Jewish children are called “משיחי,” My (G-d’s) anointed, as per Shabbos
ibid. According to our sages, when the verse states: “Touch not My anointed”
(Divrei Hayamim I 16:22), it means “Don’t attempt to prevent Jewish children
from studying Torah.”
[18]
Yesodei HaTorah 5:5.
[19] See
also Sanhedrin 37a: “Why was Adam created alone? To teach you that whoever
destroys one soul from Israel, the Torah considers him as though he has
destroyed the entire world. And whoever sustains one Jewish soul is as if he
has sustained the entire world.”
[20] As
the Rambam ruled: “We do not interrupt the studies of tinokos shel beis rabban,
even for the construction of the Holy Temple!” Hilchos Talmud Torah 2:2,
repeated again in Hilchos Beis Habechira 1:12.
3 comments:
Thank you for standing up for the truth in this world filled with sheker! May you be matzliach in all your endeavors!
Everything published made a bunch of sense.
But, what about this? what if you wrote a catchier post
title? I am not saying your information isn't good, but what if you added something that grabbed folk's
attention? I mean "Open Letter to Rabbis of New York State" is a little plain. You ought
to look at Yahoo's front page and note how they create post headlines to grab people to open the
links. You might try adding a video or a related picture or two to get people excited about what you've written. Just my opinion, it
could make your blog a little livelier.
This is a topic which is near to my heart...
Many thanks! Exactly where are your contact details though?
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