Hershel Schachter Explained

Hershel Schachter should not be confused with Herschel Schacter.

Honorific-Prefix:Rabbi
Hershel Schachter
Native-Name-Lang:Hebrew
Denomination:Modern Orthodox Judaism
Yeshiva:RIETS
Yeshivaposition:Rosh yeshiva
Organization:Orthodox Union
Organizationposition:Posek
Began:1967
Birth Date:July 28, 1941
Birth Place:Scranton, Pennsylvania
Nationality:American
Residence:Washington Heights, Manhattan
Parents:Melech Schachter (father)Chaya Schachter (mother)
Spouse:Shoshana Schachter
Alma Mater:Yeshiva University

Hershel Schachter (born 28 July 1941) is an American Orthodox rabbi, posek, and rosh yeshiva at the Rabbi Isaac Elchanan Theological Seminary (RIETS), part of Yeshiva University in New York City.

Schachter is a halakhic advisor to the Orthodox Union and has rendered notable decisions in a number of contemporary topic areas.

Early life and education

Hershel Schachter was born in Scranton, Pennsylvania to Melech Schachter, a rosh yeshiva at Yeshiva University.[1]

Schachter became an assistant to Joseph Ber Soloveitchik at the age of 22. He earned a B.A. from Yeshiva College and an M.A. in Hebrew literature from the Bernard Revel Graduate School of Jewish Studies in 1967. After receiving rabbinic ordination that year at the age of 26, Schachter became the youngest rosh yeshiva at RIETS, and he was appointed rosh kollel (dean of the kollel) when the position became available following the aliyah of the previous rosh kollel, Aharon Lichtenstein, in 1971.[2]

Schachter is a prominent posek. He is also a halakhic advisor to the kashrut division of the Orthodox Union.[3]

Halakhic opinions

Schachter is considered to be amongst the foremost posekim in today's Jewish Modern Orthodox community.[4] Schachter served a pivotal role during the COVID-19 pandemic, publishing responsa that guided and advised Jews in their observance of halakha during an unprecedented time. His responsa are noted for being "broad and well-sourced" in addressing various issues that Jews were facing at the time, primarily due to quarantine and other preventative measures. He endorsed proper precautions and measures to protect people and those around them from catching the disease, while advising Jews how to adjust their lives to these precautions. Additionally, he maintained "sensitivity" for the broader role Jews serve in society and had a care for the "good of the whole."[5]

In the realm of medical halakha, Schachter does not allow Jewish doctors or medical students to work on Shabbat unless a person's life might be at risk. Jewish doctors and medical students should observe Shabbat, but that is trumped by the need to save a life.[6] Schachter believes that the living status of a brain dead individual is a safek (matter of doubt), and thus requires that all decisions be made with the same stringencies applied to all cases where life-and-death is in doubt. This, therefore, forbids the organ donations of brain dead individuals, by considering them as possibly still halakhically alive, but also requires halitzah (release from the obligation of levirate marriage) in the case that a childless widow is left with only a brain dead husband as well as an able brother-in-law.[7]

In monetary law and taxation, Schachter believes that a graduated system of income taxes is "fair and reasonable" as they provide various necessary services to "take care of" fellow citizens. Thus, it qualifies as dina d'malkhuta dina (law of the land is law), and everyone is halakhically obligated to pay taxes.[8]

Schachter holds that a woman is not allowed to serve as the president of a synagogue unless there is absolutely no other choice.[9]

He is supportive of using tekhelet on tzitzit and has developed his own tie which is widely used.[10] [11] [12]

Other views

In a December 2006 speech, Schachter stated that mesirah (informing on a fellow Jew to the authorities) "is permitted in situations where one is a public menace...or if one is physically or psychologically harming another individual (for example, in instances of sexual abuse of children, students, campers etc., or spousal abuse)."[13] [14] In a February 2013 speech to a London audience, Schachter echoed this sentiment. He did express concern that before going to the authorities, one should make sure that a potential abuse victim is credible by referring him to a competent rabbi or psychologist. Schachter cited concerns that if the child's story was a fabrication, it could result in a Jew being wrongly incarcerated.

Schachter has been condemned for his use of the term shvartze (the Yiddish word for black, racially loaded when directed at a person):[15] [16] [17] [18] "The recent use of a derogatory racial term and negative characterizations of African-Americans and Muslims, by a member of the faculty, are inappropriate, offensive, and do not represent the values and mission of Yeshiva University", a YU spokesman stated.[19]

Schachter is endorsed by the Organization for the Resolution of Agunot, a non-profit organization that advocates for the elimination of abuse from the Jewish divorce process by, among other things, organizing public protests to compel husbands to grant their wives gittin (religious divorce documents).[20]

Works

Books

Articles

Schachter has written more than 200 articles, in both Hebrew and English, for scholarly Torah publications such as HaPardes, HaDarom, Beit Yitzchak, and Or Hamizrach. A sample of these include:

Works about

External links

Notes and References

  1. Web site: Rabbi Melech Schachter, Noted YU Rebbe, 93. 2008-04-14. Greenwald. Shlomo. February 28, 2007. Extras. The Jewish Press.
  2. Web site: Rabbi Hershel Schachter. 2008-04-14. Yeshiva University.
  3. Web site: Mesorah. 2008-04-14. 2008. Orthodox Union.
  4. Web site: Jewish Action | A publication of the Orthodox Union .
  5. Web site: Jewish Law During a Pandemic: The 35 Responsa of Rabbi Hershel Schachter Issued Due to COVID-19 .
  6. Web site: Shemiras Shabbos for Doctors and Medical Students. 2008-04-14. Schachter. Hershel. 2007. Torahweb.org. The medrash derives from a posuk in Parshas Lech Lecha that one may violate the laws of Shabbos to save the life of a choleh sheyesh bo sakanah (an individual with a life threatening sickness). The Talmud clearly states that even when we are not sure whether there is a real danger to someone's life or whether the chilul Shabbos (transgression of Sabbath observance) will save the life, we still declare that the chilul Shabbos is allowed. Rav Shimon Shkop, in his famous sefer Shaarei Yosher, points out from the Gemarah that even in a case of sfek sfeka we still allow chilul Shabbos.…There is a terrible misconception that the laws of Shabbos do not apply to doctors. This is absolutely incorrect. No profession exempts anyone from any mitzvos. Medical students are certainly not exempt from Shabbos observance. And even after having completed his school years, the future doctor must take special care to make sure he has a Sabbath-observant residency. If this can not be arranged, the student must simply look for a different profession..
  7. Web site: Organ Donation Conference at Yeshiva University Tackles Difficult Issues. https://archive.today/20070813131639/http://www.4syndication.com/news__views_at_yu/organ_donation_conference_at_yeshiva_university_tackles_difficult_issues/11469/v.do. dead. August 13, 2007. September 18, 2006. Yeshiva University. Perhaps the most fascinating portion of the day was the discussion of brain death and halakha. Rabbi Hershel Schachter, a rosh yeshiva at the Rabbi Isaac Elchanan Theological Seminary (RIETS) and the rosh kollel at RIETS' Marcos and Adina Katz Kollel (Institute for Advanced Research in Rabbinics), spoke on the topic by video conference from Los Angeles. Rabbi Dr. Moshe D. Tendler, Rabbi Isaac and Bella Tendler Professor of Jewish Medical Ethics, professor of biology, and a rosh yeshiva at RIETS, spoke near the end of the conference. Rabbi Schachter has deemed the question of brain death a safek, or a matter of doubt. Rabbi Schachter's opinion would obligate its followers to act stringently in all cases of doubt, rendering a brain dead person not dead and ruling out the possibility of donating his organs.. 2008-04-14.
  8. Web site: Taxation and Dina Demalchusa. 2008-04-14. Schachter. Hershel. 2005. Torahweb.org. In the days of the Talmud taxes were collected for the purpose of enriching the king. Based on the parshas hamelech in Sefer Shmuel (Shmuel I 8:11), the Rabbis formulated the principle of dina demalchusa dina (Nedarim 28a), literally, the "law of the land is binding": everyone must pay taxes. In Shulchan Aruch (Chosehn Mishpat 369:8), the Rishonim are quoted as having pointed out that if the taxes are unfair, or discriminatory (which is also unfair,) this would not constitute "dina" demalchusa – "the law of the land," but rather "gazlanusa" demalchusa – "the embezzlement of the land," and such tax laws are not binding (see Nefesh Harav p. 269). A system of graduated income tax is considered fair and reasonable (see LeTorah Velemoadim by Rav Zevin, p. 118) ... it is important to note that today the basis for taxation is totally different from what it was in Talmudic times. Today, all modern countries provide a variety of services: They provide streets and highways, and maintain forests and museums. They provide fire, police, and military protection. They collect garbage and deliver mail. They do medical research to discover cures for diseases, etc. The taxes are collected for the purpose of covering the annual budget, which pays for all of these projects. The halacha views all of the people living in the same neighborhood as "shutfim" – "partners," sharing a common need for a shul, yeshiva, mikveh and an eruv, and therefore, the "partners" can force each other to put up the needed amount to further their partnership. So too, all people who live in the same city, state, and country are considered "shutfim" with respect to the services provided by that city, state, and country.…In our modern world, one who does not pay his proper share of taxes is no longer viewed as cheating the king (or the ruler) of the country, but rather as cheating (i.e. stealing from) his partners. The amount of money not paid by the one who cheats will have to be taken care of by having the rest of the "partners" put up more money from their pockets to cover all the expenses of the partnership. And even if much of the tax money goes towards expenditures that are not to one's personal liking and that one gets nothing out of, such is the halacha of any partnership: the majority of the partners have the right to determine what are the reasonable needs of the partnership (Choshen Mishpat 163:1). Therefore, this majority has the legitimate right to force the minority to contribute their share towards properly furthering the partnership..
  9. http://www.yutorah.org/showShiur.cfm/721810/Rabbi_Hershel_Schachter/Shiur_43 YU Torah Online : Shiur 43 (Rabbi Hershel Schachter)
  10. Web site: Using Tekhelet in Tzitzit. 28 March 2023. bluefringes.
  11. Web site: Rav Schachter .
  12. Web site: Rabbi Herschel Schachter - Details Regarding the Tying of Tekhelet . .
  13. http://www.torahweb.org/torah/special/2007/rsch_mesirah.html "Regarding Mesirah"
  14. http://www.torahweb.org/audio/rsch_120306_video.html "Rav Hershel Schachter: Should I Call the Police? Clarifying the Issurim of Mesira and Chilul Hashem"
  15. Paul Berger, "Yeshiva Rabbi Hershel Schachter Stirs Hornet's Nest With Remarks — Again; 'Shvartze' Cleric Spoke of Killing Israeli Premier, Compared Women to Monkeys", The Forward, 21 March 2013
  16. http://www.timesofisrael.com/yu-dean-warns-against-reporting-unproven-sex-abuse-claims/ "YU dean warns against reporting unconfirmed sex abuse claims"
  17. http://www.jta.org/news/article/2013/03/15/3122161/yeshiva-u-dean-warns-reporting-sex-abuses-can-kill "Schachter, a top Y.U. rabbi, calls for panels to screen abuse claims"
  18. http://www.haaretz.com/misc/iphone-article/yeshiva-university-rabbi-warns-sex-abuse-reports-put-innocent-jews-in-prison-1.510564 "Yeshiva University rabbi warns sex abuse reports put innocent Jews in prison"
  19. Web site: Yeshiva Condemns 'Offensive' Racial Remarks by Rabbi Hershel Schachter. The Forward. Paul. Berger. 15 March 2013. 19 March 2022.
  20. Kollrin, Lianne (April 1, 2017) "Shun Get Refuser, Urges Leading Rabbi, The Jewish Chronicle. Retrieved July 13, 2021.
  21. (March 5, 2024) The Faithful Transmission of the Torah Shebe'al Peh: An Exclusive Interview With Rav Hershel Schachter Shlita About The Three New Seforim, His Minhagim, and Fun Questions, The Jewish Vues. Retrieved July 30, 2024.

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