(5) They who sow in tears shall reap with songs of joy.
Shulchan Arukh, Yoreh De'ah 116:5
One must refrain from putting coins in one's mouth, lest it's covered with dried saliva of those afflicted with boils. He should not put the palm of his hand in his arm pit, lest his hand touched a metzorah or a harmful poison. He should not put a loaf of bread under his armpit, because of the sweat. He should not put a cooked item or drinks under the bed, since an evil spirit rests on them. He should not stick a knife in an esrog or a radish, lest one fall on its edge and die. Hagah: Similarly, he should be careful of all things that cause danger, because danger is stricter than transgressions, and one should be more careful with an uncertain danger than with an uncertain issur. They also prohibited to go in a dangerous place, such as under a leaning wall, or alone at night. They also prohibited to drink water from rivers at night or to put one's mouth on a stream of water and drink, because these matters have a concern of danger. It is the widespread custom not to drink water during the equinox, and the early ones wrote this and it is not to be changed. They also wrote to flee from the city when a plague is in the city, and one should leave at the beginning of the plague and not at the end. And all of these things are because of the danger, and a person who guards his soul will distance himself from them and it is prohibited to rely on a miracle in all of these matters.
Shulchan Arukh, Orach Chayim 4:18
The following things require washing the hands in water [after them]: One who rises from bed, goes out of the bathroom, or of the bath house, one who cuts his nails, takes off his shoes, touches his feet, or washes his head, some say: also one who goes among the dead, or touched the dead, one who cleanses his clothes of lice, has sexual intercourse, touches a louse, or touches his body with his hand. Anyone doing any of these and not washing his hands, if he is a scholar, his studies are forgotten, and if he is not a scholar, he goes out of his mind.
And it is taught in a baraita: A Torah scholar is not permitted to reside in any city that does not have these ten things: A court that has the authority to flog and punish transgressors; and a charity fund for which monies are collected by two people and distributed by three, as required by halakha. This leads to a requirement for another three people in the city. And a synagogue; and a bathhouse; and a public bathroom; a doctor; and a bloodletter; and a scribe [velavlar] to write sacred scrolls and necessary documents; and a ritual slaughterer; and a teacher of young children. With these additional requirements there are a minimum of 120 men who must be residents of the city. They said in the name of Rabbi Akiva: The city must also have varieties of fruit, because varieties of fruit illuminate the eyes.
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Shulchan Arukh, Yoreh De'ah 336:3
One who has medications, and another person is sick and needs them, it is forbidden to raise their prices beyond what is appropriate.
Shulchan Arukh, Orach Chayim 329:1
(1) 1. All cases of saving a life supersede Shabbat, and he who hurries in these matters is praised. Even if there is a fire in a different yard and there is concern that it will move to this yard and cause danger, we put it out to ensure that it does not spread.
סידור אשכנז, ימי חול, תפילת שחרית, עמידה, רפואה א׳-ג׳
רְפָאֵנוּ ה' וְנֵרָפֵא. הושִׁיעֵנוּ וְנִוָּשֵׁעָה כִּי תְהִלָּתֵנוּ אָתָּה. וְהַעֲלֵה רְפוּאָה שְׁלֵמָה לְכָל מַכּותֵינוּ. תפילה בעד החולה: יְהִי רָצון מִלְּפָנֶיךָ ה' אֱלהַי וֵאלהֵי אֲבותַי. שֶׁתִּשְׁלַח מְהֵרָה רְפוּאָה שְׁלֵמָה מִן הַשָּׁמַיִם. רְפוּאַת הַנֶּפֶשׁ וּרְפוּאַת הַגּוּף לְחולֶה פב"פ בְּתוךְ שְׁאָר חולֵי יִשרָאֵל: כִּי אֵל מֶלֶךְ רופֵא נֶאֱמָן וְרַחֲמָן אָתָּה. בָּרוּךְ אַתָּה ה', רופֵא חולֵי עַמּו יִשרָאֵל:
Siddur Ashkenaz, Weekday, Shacharit, Amidah, Healing 1-3
Heal us, O Lord, and we shall be healed, save us and we shall be saved, for You are our praise. Bring complete healing to all our wounds, (Prayer for a sick person: May it be Your will in front of You, O Lord, my God and the God of my forefathers, that You quickly send a complete recovery from the Heavens - a recovery of the soul and a recovery of the body - to the the sick person, insert name, the son/daughter of insert mother's name, among the other sick ones of Israel.) for You are God and King, the faithful and merciful healer. Blessed are You, O Lord, Who heals the sick of his people Israel.
Shulchan Arukh, Orach Chayim 328:2
For someone who has a dangerous illness, it is a commandment to break Shabbat for him. One who hurries to do this is praised. One who asks about this is a murderer.
We have the example of Alla Ilyina, a Russian woman who escaped from quarantine and posted her story on Instagram saying, ‘I have a right to my freedom’, but freedom is collective, not individual. If we purchase our freedom at the cost of someone else’s, the result is not freedom.
“So I think coronavirus is going to test our capacity to work for the benefit of others.
“This situation of putting up with personal inconveniences for the sake of public safety is going to challenge and force us to realise that selfishness is not going to protect us.
We have to work for the good of the whole if we’re to prevent this becoming an epidemic.”
A Jewish Values Matrix for Dealing With a Time of Illness and Stress
- Pikuach Nefesh – saving a life. This is the most important Jewish value. Our sacred texts teach that we can forgo almost any commandment or prohibition in order to preserve life. In the context of the COVID-19 pandemic, our top priority must be the health and safety of all. If we are forced to close our building, cancel or radically reshape a program, service or class, we are doing so in order to ensure that everyone’s safety is paramount.
- Al Tifrosh Min Ha Tzibbur – “do not separate oneself from the community.”(Mishnah, Avot 2:5) “Social Distancing”, cancelling programs, services, educational and social events can easily have the effect of isolating many of us from one another. As such, we are looking for as many ways as possible to ensure that that we stay in touch. Utilizing internet streaming, email, our website and Facebook are just a few of the ways that we are striving to remain connected to our community. We also are dealing with the fact that some of this technology is imperfect. We have a learning curve ahead of us, but we are determined to do everything we can to enable meaningful connections.
- Lo Ta’aShok Sachir – “Treat workers Fairly” (Deuteronomy 24:14) Cancelling programs or classes has a ripple effect – not only on program participants, but also on those who are contracted to conduct them. Temple Emanuel is a large institution. We employ many teachers, custodians, caterers, musicians, and clerical staff who depend on us for their livelihood. We are committed to doing all that we can to ensure that programmatic interruptions will have minimal impacts on our employees’ abilities to care for themselves and their loved ones. In addition, if we cancel an event, we need to be conscious of the impact that the cancellation will have on those who are counting on getting paid for their services. If at all possible, think of ways to help our partners in the community.
- Simcha – “Rejoicing.” Even in times of difficulty, it is important that we look for ways to celebrate Jewish life. This can be difficult when life-cycle events are cancelled or postponed due to health concerns. We are determined to do all that we can – within the constraints of the reality of our situation – to help everyone achieve this.
- Nechama – ”comforting the afflicted.” Pastoral care is central to our mission at Temple Emanuel. When personal contact is limited, this can be difficult. We will continue to strive to be present for all who are in need in any way that we can.
- Tzimtzum – “narrowing down/contraction.” In Jewish mystical tradition, prior to creation, God went through a process of contraction and self-examination in order to make room for the world. Since God was every-“where” and every-“thing”, there was no space for anything else. Hence the need to pull away. Similarly, there are times when we need to contract our emotional, physical and spiritual needs in order to make room for others. In particular, we need to be sensitive to those members of our community who may be most affected by the virus – the most vulnerable among us. We have seen multiple responses to this situation in recent days – some of these bring out the worst and some bring out the best in us. Activities like hoarding supplies, looking for others to blame, scapegoating and spreading unfounded rumors are not helpful and, indeed destructive. On the other hand, we have also seen people coming together, looking for ways to help and self-sacrifice in order to ensure that the most affected are protected are perfect examples of how we can make room for others in our midst.
CJLS Guidance for Remote Minyanim in a time of COVID-19
Please find below a letter from Rabbi Elliot Dorff, CJLS Chair and Rabbi Pamela Barmash, CJLS Co-Chair, providing guidance for communities affected by COVID-19. Thanks to Rabbis Joshua Heller, Daniel Nevins, and Avram Reisner for contributing to earlier drafts and the CJLS as a whole for giving input. Please note that this is not an official responsum of the CJLS.
The CJLS-approved position of Rabbi Avram Reisner that permits remote participants to join on weekdays through electronic means to a minyan (ten adult Jews) gathering in person remains the standard practice. The majority of us firmly believe that this should remain the rule even in this sha'at hadehak (crisis situation).
Individuals are obligated to pray, and they may do so on their own without a minyan. Congregations may also establish a link to communal prayer without a minyan gathering in person and omit the recitation of devarim shebikdushah (no barkhu, kedushah, or kaddish). While there is not technically a repetition of the Amidah in the absence of a minyan, the "leader" may choose to recite the Amidah loud enough for others to hear, omitting kedushah, but encouraging congregational singing. This will be helpful to those who may not have ready access to a siddur. Jewish leaders are advised to provide interactive online Torah study opportunities as well so as to facilitate a sense of communal connection during this time when so many of us are staying at home.
Kaddish yatom (Mourner’s Kaddish) has a special resonance. Our movement has created several prayers that are acceptable in lieu of kaddish yatom (Mourner’s Kaddish) and those who are mourners or observing yahrzeit may find spiritual and emotional sustenance in these alternatives to kaddish yatom (Mourner’s Kaddish). Some of them may feel distress at not being able to recite kaddish yatom in the absence of a minyan, particularly for a prolonged period, and rabbis must reassure mourners that they are fulfilling their Jewish legal obligations under the circumstances and should feel no guilt whatsoever in remembering and honoring the deceased in this way. There are also other alternatives to saying kaddish yatom with a minyan when that is impossible, such as studying a text or dedicating some other mitzvah to the memory of the loved one.
However, we believe that in the current dire circumstances a more lenient position on constituting a minyan remotely may be acceptable, especially since there has been significant advances in technology. The classic sources (Shulhan Arukh Orah Hayyim 55:13, and others cited by Rabbi Reisner) require that a minyan be located in one physical space. However, Shulhan Arukh Orah Hayyim 55:14 does open the possibility that there may be an exception by joining in to constitute a minyan if one can see the faces of the other participants: “One who is standing behind the synagogue, with a window between that person and the congregation, even if it is several stories up and less than four cubits wide, and who shows his face to them, may combine with them to form a minyan of ten.” The possibility of a minyan being constituted by people who are not physically near each other is further expanded by Rabbi Yitzhak Zilberstein in Hashukei Hemed on Berakhot 21b (p. 135), where he permits constituting a minyan for kaddish yatom (Mourner’s Kaddish) where people are scattered in a field but can see each other. Recently Rabbi Haim Ovadia called attention to this source, arguing in favor of constituting a minyan by means of real-time video and audio connection between ten Jews. Therefore, in this crisis situation, we issue this ruling relying on these precedents.
In this crisis situation in an area in which civil and/or medical authorities decree that it is unsafe for people to gather in person and recommend or order the closure of houses of worship, it is permitted to constitute a minyan whose constitutive participants (ten adult Jews) are not located in one physical place.
A few of us hold that in an emergency situation such as the one we are now experiencing, people participating in a minyan that is only online may recite devarim shebikdushah, prayers that require a minyan, with their community. The participants counted for the minyan must be able to see and hear each other through virtual means and be able to respond “amen” and other liturgical replies to the prayer leader. Because reading from a Torah scroll is permitted for private study, the Torah reading may be read from a scroll without aliyot. Alternatively, the Torah may be read from a printed text, such as a Humash or Hebrew Bible, without aliyot. The berakhah la'asok b'divrei Torah may be recited before the Torah reading.
A few more of us hold that it is permitted to constitute a minyan exclusively online only for the sake of reciting kaddish yatom. The source in Hashukei Hemed sets a precedent in that it refers specifically to Kaddish (in a cemetery), rather than to a minyan generally. The requirement for a minyan for Kaddish is not mentioned in the list of devarim shebikdushah in Mishnah Megillah 4:3. The requirement for a minyan for Kaddish is first mentioned in Masekhet Sofrim 10:7, not in the Babylonian Talmud or the Talmud of the Land of Israel. Again, the participants counted for the remote minyan must be able to see and hear each other through virtual means and be able to respond “amen” and other liturgical replies to the prayer leader. They do not recite devarim shebikdushah, and they read Torah from a printed text, such as a Humash or Hebrew Bible, without aliyot. The berakhah la'asok b'divrei Torah may be recited before the Torah reading. Kaddish derabbanan may also be recited after Torah study with a remote minyan.
This permission of constituting a minyan solely online, whether for all prayers requiring a minyan or only for Mourner’s Kaddish, is limited to this “sha’at hadehak” (crisis situation), where for weeks at a time, gathering a minyan is not possible without risk to human life. This permission is also limited to an area where most of the synagogues have been ordered, or recommended, to close for the crisis.
Importantly, this permission is still subject to concerns as to how this might be accomplished on Shabbat. There are complicated issues with using video technology to participate in services on Shabbat and Yom Tov, and we mention them here to advise rabbis and congregations of these obstacles. The CJLS is currently working on them, but even those who permit it would require that the stream not be activated by a Jew on Shabbat. The stream would have to be already activated at the synagogue before Shabbat or activate automatically at a specific time. Individuals linking to the stream should activate their equipment before Shabbat or have it activate automatically because a “many-to-many” video connection, such as Zoom, often requires each participant to log in, a problematic practice on Shabbat. Furthermore, there remain additional special concerns for Shabbat and holidays that must be taken into account: Jews must avoid taking active steps to permanently record data or fix the equipment on Shabbat if it malfunctions. These complicated issues should not be ignored, and congregations can bypass these challenges by offering a live streaming option at a time that is not Shabbat or yom tov (for example, Friday night before sundown, motza’ei Shabbat for Havdalah).
This permission for a remote minyan is limited to this “sha’at hadehak” (a crisis situation) when it is forbidden or unsafe for ten adult Jews to gather in person in an area where most of the synagogues are closed for the crisis. This does not apply to those in an area where the civil and/or medical authorities have not recommended or ordered that the houses of worship close for public gatherings.
https://www.rabbinicalassembly.org/story/cjls-guidance-remote-minyanim-time-covid-19
Rabbi Shimon ben Menasya said: It is stated: “And the children of Israel shall keep Shabbat, to observe Shabbat” (Exodus 31:16).The Torah said: Desecrate one Shabbat on his behalf so he will observe many Shabbatot. Rav Yehuda said that Shmuel said: If I would have been there among those Sages who debated this question, I would have said that my proof is preferable to theirs, as it states: “You shall keep My statutes and My ordinances, which a person shall do and live by them” (Leviticus 18:5), and not that he should die by them. In all circumstances, one must take care not to die as a result of fulfilling the mitzvot.
