"Naval Birshus Ha'torah! "

by Scott Kahn

 Three weeks ago, I released an episode of the Orthodox Conundrum Podcast entitled,

 “A $10,000 Bottle of Scotch: Alcohol Abuse, Conspicuous Consumption, and Orthodox Life Today.” 

It has become one of the podcast’s most downloaded episodes, and its message decrying many communities’ increasing emphasis of materialism has resonated with a large number of listeners.¹

The podcast opened with a discussion of “Toameha,” which traditionally meant the custom of tasting food on Friday afternoon to make sure that it was properly seasoned for Shabbat, but has become in certain circles an excuse for a type of erev Shabbat boys’ club, with an elaborate spread and expensive liquor.

It is troubling that many in the Orthodox community take pride in their lavish spending. It is equally troubling that the consumption of alcohol has become a sine qua non for many Orthodox culinary events. But what bothers me the most is that overt materialism and overindulgence in alcohol are implicitly defended as being essential parts of mitzvah observance.

Indeed, the obvious halachic problems with many Toameha clubs - gluttony, drunkenness, staying away from home when one should be helping to prepare for Shabbat, ruining one’s appetite for Friday night dinner, and more - are easily ignored when Toameha is considered a religious desideratum.

There are many other examples where people do what they want to do, think what they want to think, while conveniently and retroactively finding a Torah source that confirms their choices. As I mentioned on the podcast, a fine example of this was offered by Mishpacha magazine in its profile of millionaire businessman Yoeli Landau, who only flies by private jet. His reasoning?

“First of all,” he explains, “I really think that Hashem created shefa so that Yidden should enjoy abundance. If Hashem blessed someone with wealth, and his personal conduct does not come on account of his generosity to tzedakah, then why should he refrain from having a private jet?

“But there’s something deeper here. I think that when someone is generous toward himself, he can then be generous to others. I know enough gvirim who live frugally. They think and rethink every expense, pinching and scrimping wherever possible. You can imagine what their tzedakah is like.

“And I have a third consideration — the spiritual component. With the private jet, I’m not dependent on airline schedules, and this way I can plan my trips in a way that I will never miss out on davening with a minyan. For me, that’s a very firm principle. It’s one of the secrets without which it’s not possible to have birchas Shamayim. Plus, it spares me from walking around in airports, which present serious challenges in shemiras einayim.”

It is possible that Mr. Landau is sincere in his belief that flying on a private jet is somehow a fulfillment of God’s will. I have a harder time believing that those who espouse such practices would have done so before attaining wealth of this magnitude. Is his decision to indulge in this incomparable luxury a result of studying Torah sources, or do the Torah sources justify a decision - consciously or otherwise - that he already wanted to make?²

According to some commentators, the Torah itself describes this psychological process when Jacob’s sons decided to sell their brother Joseph into slavery. The brothers were convinced that Joseph intended to harm them, and responded by striking first.³ Yet the text indicates that they were likely fooling themselves rather than engaging in sober judgment, as they conclude their plans by saying, “And let us see what will become of his dreams,”⁴ and then stripping him of his special coat,⁵ indicating that their jealousy of Joseph was a greater part of their reasoning than they would have liked to admit.

The Ramban famously interprets the Torah commandment of kedoshim tehiyu⁶ - to “be holy” - as referring to the requirement to refrain from indulging in excess, particularly when that excess is not explicitly prohibited by Torah law. The Ramban does not view this as a stringency for the pious, but as an essential Torah value; in fact, he argues that it is parallel to the first of the Ten Commandments, “I am Hashem your God.”⁷

The Ramban also describes a person who violates the norm of kedoshim tehiyu as a naval b’reshut haTorah - a disgusting person who supposedly acts with the Torah’s license. Those who transgress this verse today do something arguably worse: they have created the new category of naval b’mitzvat haTorah - a disgusting person who pretends that his desire for excess is not only permitted, but in fact a Torah requirement.

We need an honest accounting with ourselves to ensure that we stop being mechalel shem shamayim - desecrating the name of heaven - by blaming the Torah when we rightly should blame ourselves. For when Joseph spoke to his brothers after Jacob’s death, he did not say, “You thought you were doing the right thing”; instead he acknowledged, “You planned to do evil to me, but God planned it for good.”⁸ They may have fooled themselves, but that did not absolve them of responsibility.

I think that we need to apply such an objective standard today, as well. Torah truth deserves no less.

1

On the other hand, some listeners correctly emphasized that this phenomenon is not true of all Orthodox communities, or perhaps not even of most Orthodox enclaves.

2

I don’t want to give Landau too much credit for sincerity, as he has been accused of engaging in dishonest business practices - in effect, exploiting the law by lying about his intentions. See https://comptroller.nyc.gov/reports/report-of-the-new-york-city-comptroller-on-the-sale-of-two-deed-restrictions-governing-property-located-at-45-rivington-street/#_ftnref8 and make your own judgment.

3

See, for example, Seforno and Haemek Davar on Bereshit 37:18.

4

Bereshit 37:20.

5

Bereshit 37:23.

6

Vaykira 19:2.

7

This is not an unqualified requirement; it absolutely must be balanced with the Torah’s denigration of unnecessary asceticism. The fact that both the importance of enjoying the world and the requirement to steer clear of excess can coexist demonstrates the need to avoid simplistic and reductionist formulas favoring one side or the other. See Mesilat Yesharim chapter 13.

8

Bereshit 50: 20.