Parshat Kedoshim
When new styles of modern women's fashions reached the Jewish communities of Galicia in the early 19th century, the hassidic women began to be swept along with the prevailing trends. Rabbi Haim Halberstam (b.1793) was asked the following question ("she'elah"): Is it permissible for a [married] Jewish woman to wear the kind of stylish headdress ("mitznefet") worn by the Gentile women?" The "mitznefet" was a kind of hair covering which, along with wigs, Jewish women were adopting in place of traditional scarves or hats.
Rabbi Halberstam prefaces his responsum, or "tshuvah", with a lengthy introduction. One basic issue here is to what degree should Jews separate themselves, as far as their customs go, from the non-Jewish nations in which the are domiciled. The rubric for the laws and concepts dealing with this is "hukkat hagoyim" -- imitating the "hukkim" of non-Jewish nations.
It should be noted that "hukkim" can refer to customs, practices, legal statutes, culture, traditions, or norms. Our parashah, Kedoshim, states this as follows: "You shall not follow the norms of the nations which I am driving out before you"(Vayikra 20:23). There is an unstated paradox which he addresses, and that is: How can we separate ourselves from non-Jews and nevertheless maintain the utmost respect for them?
Before we examine Rabbi Halberstam's responsum, let us first note the context in which the statement appears. "You shall not follow the norms of the [non-Jewish] nations" ("v'lo telkhu b'hukkat hagoy") comes at the end of the list of prohibitions against adultery, incest, and other forbidden unions (Vayikra 20:10-21) so it is clear to what "practices/norms" the Torah refers in stating "You shall not follow 'hukkat hagoy.'" A similar statement appears in "Aharey Mot" which is the parashah immediately preceding ours. There the phrase is: "You shall not copy the practices [k'maaseh] of the land of Egypt...or of Canaan... You shall not follow their norms" ["b'hukotehem lo telekhu"] (Vayikra 18:3). This verse is followed by a list of forbidden unions (verses 6-23). We read this not only on parashat Aharey Mot, but also during Minhah of Yom Kippur because of the pivotal importance of these prohibitions. Note that when the prohibition appears, in both Kedoshim and Aharey Mot, these "maasim" (practices) are forbidden even if they have become "hukkim" - legalized norms in the surrounding nations. This does not mean we cannot learn from the positive aspects of other cultures. But we must reject the "to'evot" [abominations], even if these practices and relationships have become legally sanctioned in their hukkim. Our Sages (in Sifra 132) make a comment on the verse: "You shall not copy the practices [k'maaseh] of the land of Egypt...or of Canaan... You shall not follow their norms" "[b'hukotehem lo telekhu]" that has relevance today. The Sifra states, "This does not mean we are prohibited from copying the manner of non-Jews in their way they build houses or work the land, but only that we must reject their legalized norms [b'hukkim hahakkukim] such as a male marrying a male, a female marrying a female, etc. This is the meaning of 'b'hukkotehem lo telekhu.'" We are especially prone to err and to be influenced if such practices receive the imprimatur and stamp of approval of the non-halakhic or non-Jewish legal systems around us.
As the Sifra points out, not everything in the surrounding nations is forbidden. Under the rubric of "hukkat hagoy" we must distance ourselves from certain aspects of these cultures, but this does not mean we must disparage other nations. Rabbi Haim Halberstam ( born in 1793, in Sanz, Galicia) addresses this problem in his responsum to the aforementioned query about Jewish women emulating the non-Jewish fashions in his day, and he emphasizes our obligation to respect these nations. In the collection of his responsa titled "Divrey Haim" (Yoreh Deah #30) he rules out the adoption of the custom of wearing wigs, but he prefaces his answer with a lengthy introduction.[The English version can be found in "The Sanzer Rav" A.Y. Bromberg, Mesorah Publ., Jerualem. pp. 163-4].
Among other points that he makes, the Divrey Haim writes, "Although the poskim [decisors] have made clear to us the prohibition against following the norms of the Gentiles, the intention is not, G-d forbid, to belittle the honor of the other nations; for on the contrary, we are strictly enjoined to honor the nations, both the rulers and the general populace." This holds for all nations, even the Egyptians under whose rule we suffered tremendously. Although we are specifically prohibited, as cited above, from copying their abominations, practices and legal norms, we are nevertheless commanded: "Do not abominate an Egyptian" [lo titaev Mitzri, Devarim 23:8]. We are "instructed not to belittle their honor because in spite of everything, we did derive benefit from their country. All the more so, then are we obligated to show honor to those countries in the shade of whose protection we rest, and where HaShem, Blessed be He, has caused us to find favor in their eyes so that they have... spread out a protective wing over us to defend us from the wrath of evildoers; those nations that are lovers of kindness and honor the Torah - may HaShem reward them appropriately."
In Rabbi Halberstam's view, the intentions of the poskim when they cite the verse from our parashah, "You shall not follow the norms of the nations", is not to belittle the honor of non-Jewish nations. We are also "not commanded to refrain from interacting with them". He brings examples of numerous Sages who were often guests of kings and emperors, among them R' Abbahu, R' Yehoshua, Shmuel and Rava.
If this is so, then why were we commanded not to follow their norms - "b'hukotehem"? The Divrey Haim explains this concept in relation to the difference between the Noahides and bnei Yisrael. The bnei Noah are obligated to observe the seven Noahide laws and are not punished for violation of the 613 mitzvot that Jews are obligated to keep. Against this background, he makes a surprising point. "Now, included within the commands of the Torah is the requirement that we make many 'fences' for ourselves to keep ourselves far from such faults as arrogance and sexual misconduct; and we must not be influenced by the nations in this regard, to follow their way, for they were never commanded... This obligation to make 'fences' for the remaining mitzvot, and the 'fence' itself is counted as a negative commandment. Thus we see that Israel has been commanded to make a 'fence' against sexual misconduct and pride." We were commanded to make 'fences' not because of our virtues, but rather because we are stubborn and stiff-necked and thus "the Torah was given to us to break the boldness in our character... Therefore the Torah warns us not to follow the ways of the other nations." The Divrey Haim concludes his discussion by returning to the theme he broached in the beginning where he wrote that we have benefited from them, and they have spread out a protective wing over us to defend us from the wrath of evildoers. "By no means should we look down upon the other nations, because we are indebted to them in many ways."
What was the decision vis-a-vis the new wigs and headdresses that he was asked about originally?
The Divrey Haim served the community in the city of Sanz in Galicia. He writes that, "when I visited my father-in-law in Moravia, there, too, no one wore, Heaven forbid, these immodest fashions. And according to what I heard then, no respectable woman in the German-speaking lands wore a wig - this was only done by certain popular elements and the practice was looked down upon by all... Therefore, Heaven forbid that the women of our land should be permitted to follow this custom. The prohibition stands." In writing his responsum, he warns us not only to respect the non-Jewish nations, but to respect Jews as well! "I must state that the only purpose of what I write is to instruct the people as to the position of our holy Torah. My conclusions, however, are not to be forced upon any one against his will, not even by means of verbal embarrassment. My task is just to state these matters until they are set forth before the governing authorities."
Rav Halberstam,z"l, leaves us with a warning whose import is ever relevant to us today. "Whatever I say here is addressed only to those who willingly accept upon themselves the yoke of Torah and seek to know the verdict of the law on this issue."
Shira Leibowitz Schmidt is a Hebrew-to-English translator.