The Hat, the Gvir and the Avel:  Teaching Halacha and its Parameters

By Rabbi Yair Hoffman for 5tjt.com

It is a sad story perhaps, but one that must be pointed out because it will be repeated time and time again.  We must teach our children halacha, of that there is no question.  But we must also teach the halachos of chessed and v’ahavta larayacha kamocha.  These two obligatory topics are of great urgency to teach.  The implication of these two  obligations is that we must also teach the parameters of the halacha.

IDEAL HALACHA VS. CHESSED OPTION

Often, the situation will arise where we will have a choice of two options – the ideal halacha option versus the chessed and v’ahavta larayacha kamocha option.

There is a third thing to point out, however, and that is that very often the halacha is that the we must choose the chessed option over the ideal halacha option.

THE CASE IN POINT

A person was in Aveilus (it happens to be that the person was rather well-to-do, but this is irrelevant to the facts of the story).  And he needed to daven at the amud.  There was one minyan left in town, and that minyan had two requirements:  The one davening at the amud had to wear both a gartel and a hat.  The person arrived sans gartel and sans hat.  The gartel part was no problem, as the shul provided one.  But as far as the hat requirement, there was only one hat available which was situated at the top of a coat rack.  The hat, however, was both dusty and dirty, aside from being grossly misshapen.  Indeed, it had so many layers of dust on it that by any fair estimation, it would have taken twenty minutes or so to even make it an object of utility.

Time was ticking.  The man decided to approach a young man who was also davening at the minyan if he could possibly borrow his hat because he was in mourning and that he needed to fill the requirement of the shul in order to lead the tefillah.

The young man with the hat responded, “Normally I would, but it would seem that my Rosh Yeshiva would tell me not to daven myself without a hat.  Sorry, but no.”

The young man had the two choice option – chessed versus the ideal manner to perform a Mitzvah.  It would seem that he chose incorrectly. His conclusion was incorrect.

The man said, “Okay, no problem, I will take this one.”

The man did not think so highly of the hat-wearer’s response, but also came to an incorrect conclusion.  His conclusion was that sometimes you have to set aside halacha for mentchlechkeit.  His error was that this too is halacha.   In other words, when we teach halacha we must also teach the parameters of that halacha.

THE SOURCES

So let us first discuss the sources for wearing a hat.

The Gemorah in Shabbos 10a indicates that there is an obligation to wear a hat as one should daven in a manner that one greets a king. The halacha is codified in the Orech Chaim section of  Shulchan Aruch in Siman 91.

The language of the Shulchan Aruch is that “chachomim – wisemen, and their students, should dress like this. However, the Kaf HaChaim (91:26) extends it further and writes that it applies to everyone.

The Sefer Chasidim #57 explains that the pasuk “Prepare to meet Hashem, Oh Israel” teaches us the obligation to dress properly before one davens in front of the King. Indeed, the Sefer Chassidim has strong words for those who only wear a hat on Shabbos.

THE MISHNA BRURAH

The Mishna Brurah (91:12) writes that in our times, one must wear a hat for davening and a yarmulkah would not suffice.  He explains that this is so –  because it is not proper to stand in this manner in front of important people.  This Mishna Brurah tells us quite clearly that one must wear a hat for davening.  Wae will address post-Kennedy America later on in this article.

WHAT IF ONE WOULD MISS MINYAN ON ACCOUNT OF IT?

If he has no hat and jacket and if he were to wait until he received one he will miss davening with a minyan, Rav Shlomo Zalman Auerbach zt”l (Halichos Shlomo 2:15) ruled that the Mitzvah of Hechon – preparing oneself to stand before the King – does not set aside Tefillah b’Tzibbur. Likewise, Rav Yitzchok Zilberstein Shlita ruled that he should daven without the hat and jacket (Chashukei Chemed Bechoros 44b).

However, Rav Zilberstein qualifies this ruling as only when it was on account of an accident. But one who purposefully goes somewhere –  and he knows that he will have to daven but does not take along his hat and jacket, he should not daven. The reason is that he is showing that he is mezalzel, taking lightly the obligation of giving honor to Hashem. Rav Zilberstein explains that this was also the position of Rav Elyashiv zt”l.

DOES IT STILL APPLY IN THE POST KENNEDY WORLD?

In the twenties, thirties, forties, fifties and early sixties – everyone in America wore a hat. It is a debate among historians as whether or not it was President Kennedy whose example as president caused the nation to stop wearing hats or whether it was just the non-conformity in the 1960’s and he was just part of it (See Neil Steinberg’s book Hatless Jack: the President, the Fedora, and the History of American Style). In other words, was President Kennedy a siman or a siba – an effect or the actual cause? Regardless, nowadays people have stopped wearing hats.

QUALIFYING THE MISHNA BRURAH

Consequently, some people qualify the Mishna Brurah and state that the requirement for a hat only applies when people wear formal dress. However, in modern times, no one greets the president of the United States while wearing a hat. Consequently, they argue that the hat requirement would no longer apply.

One of my Rebbeim zt”l counter-argued that if there was a law that one must keep their head covered, no one would be using a yarmulkah to fulfill this law. Since we do have such a law, it is proper to perform it while wearing a hat.

IT WAS THE COMMUNISTS

Rav Moshe Shternbuch (Teshuvos v’hanhagos Vol. IV #26) argues that even though in Israel it is common practice to stand before important people without a hat and jacket – this is irrelevant. He explains that they learned this practice from the other nations of the world who picked up the practice from the Communists. Rav Shternbuch argues that is a communist ideal of everyone being absolutely equal that gave birth to the idea that one does not need to dress formally in front of important people.

THE BEN TORAH OBLIGATION

There is another aspect of wearing a hat that many people cite as an obligation.  That obligation is that one must dress like a Ben Torah. Indeed, the Talmud in Brachos 6b tells us that Rabbi Yehudah would take care to ensure that he was always dressed fittingly before davening.

GETTING BACK TO OUR CASE

We see from Rav Zilberstein’s ruling that one should still daven without the hat if the reason for his not having the hat was an onais – not his fault.  If this is the case, then certainly – when one is confronted with a Mitzvah of chessed – that he should have offered the man that hat.

Indeed, his response should have been, “it would be my greatest honor – may your parent’s Neshama have an Aliyah!”  This would have been (forgive the equestrian reference) a triple-crown:

• The Mitzvah of Chessed – v’ahavta l’rayacha kamocha
• The Mitzvah of V’halacha Bidrachav – walking in His ways
• A remarkable Kiddush Hashem – sanctification of the Divine Name

CONCLUSION

The point is that since chessed is one of the three pillar upon which the world stands, we should discuss the parameters of the halacha – each halacha that we teach – in light of three other obligations – Chessed, Kivud Av v’Aim, and Pikuach nefesh.

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