Jerusalem – The Israeli Controversial ‘Gaon’ That Is Raising Eyebrows In The Torah World, Exclusive 2 Hour Interview With VIN News

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     Rabbi David Bar ChaimJerusalem – The Machon Shilo Beit Din, one of the most controversial new organizations to hit the Torah scene, was in the news this past Pesach. Readers will recall this Beit Din having issued a ruling that all Ashkenazic Jews living in Israel may consume Kitniyos products. Some jumped for joy. “Finally – culinary freedom for Pesach!” Others were more circumspect, wondering who exactly was this Beit Din, and who died and made them our Poskim?

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    Vos Iz Neias News decided to find out. and sent a well versed Torah Scholar from New York Rabbi Yair Hoffman who spend couple of weeks in Israel to meet with the man behind this Org.. Rabbi Hoffman is a Mechanech in a Bais Yaakov and the former Morah D’Asrah of the Young Israel of Patchogue. He has written Seforim on Hilchos Mezuzah, Lifnei Iver, Chanukah, Purim, Niddah, and authors a regular Halacha column in the Five Towns Jewish Times, which is posted on VIN News. His seforim have Haskamos from Rav Yisroel Belsky, Rav Malkiel Kotler, Rav Dovid Kviat, Rav Shmuel Kaminetsky, Rav Chaim Scheinberg, and Dayan Roth’s Beis Din. He is also the author of the forthcoming Sefer entitled, “Not Your Usual Halacha.”

    The negotiations between VIN News and the Beit Din resulted in the first full-blown media interview ever granted by this controversial Beit Din. The terms of the interview were that Vos Iz Neias News can ask any question, but that it cannot turn into a brawl.

    As far as the filming goes, VIN News may show the interview in its entirety or if VIN News wishes to edit it down then Machon Shilo gets approval rights. The terms were accepted and the interview was arranged.

    For those who have a vast interest in philosophical Torah research will find the interview fascinating. its a total of 2 hours and can be viewed on YouTube here, its a total of 12 clips. We are aware that views By Rabbi David Bar-Hayim is very controversial. Rabbi Hoffman, and VIN News do not endorse any of his believes, we are just reporting.

    The driving force behind Machon Shilo is a fascinating individual named, Rabbi David Bar Chaim. Rabbi Bar Chaim seems to be a sincere individual, bent on discovering truth in his learning. He wearsTefillin the entire day and is willing to hear dissenting opinions. The Rabbi Has 100’s of followers.

    The Beit Midrash is located in the Givat Shaul section of Yerushalayim, near Angel’s Bakery. Rabbi David Bar Chaim agreed to an an exclusive interview. The terms were interesting – I, the VIN News reporter could ask any question I want.

    Anyone familiar with Rabbi Bar Chaim, whether a fan or a critic, will agree with two things: 1] He is quite brilliant and 2] He is quite controversial.

    Rabbi Bar Chaim is a talmid of Rav Yoseph Kapach zatzal, the Yemenite Maimonidean scholar. Although Australian by birth, Rabbi Bar Chaim has adopted the full gamut of Yemenite pronounciations – th for saf Jimel for Gimel and the full guttural Ayin or Gayin. He also studied in Yeshiva Merkaz HaRav, although he is not too fond of the manner in which Yeshivos teach Torah. Even Merkaz HaRav did not escape his criticism.

    As a preface, Rabbi Bar Chaim is of the opinion that Eretz Yisroel has a unique Torah heritage called Torath Eretz Yisroel. He distinguishes between this Torah and what he terms “Torat HaGaluth.” How far he takes this notion is where the controversy lies.

    He has issued rulings and opinions that are quite startling. He ruled that the Birchas HaChama should not be recited on Erev Pesach this past cycle. He advises people to recite a blessing when they take off their Tefillin. He disagrees with the identification of oats and rye as two of the five grains of the Mishna, and the list goes on and on.

    The questioning began. How do you openly disregard the positions and decisions of the Talmud Bavli? He calmly responded that even the Rambam writes that Torah thought is not monolithic and comprises a multiplicity of voices that include the Sifra, Sifri, Mechilta, Yerushalmi and Bavli. He noted that many times the Rambam himself rules like the Yerushalmi instead of the Bavli.

    When it was pointed out that the Meforshim will constantly cite other passages in the Bavli as supporting the Yerushalmi position Rabbi Bar Chaim dismissed these views as apologetics.

    Another question. How do you openly disregard the views and conclusions of the Shulchan Aruch? He responded that numerous meforshim will disagree with the Shulchan Aruch and Ramah, and it is a misnomer to state that Klal Yisroel took it upon themselves to follow the Shulchan Aruch completely. He claims it never happened and that the often dissenting views of the Shach demonstrate this point.

    Regarding the blessing on Tefillin (a custom in Maarava according to the Bavli), he quoted Rav Hai Gaon and the Ramban who ruled that it is permissible to follow this view.

    When asked about the oats and rye he cited a Yerushalmi describing it. “Shiboles Shual” is supposed to grow upward and straight – oats are very spread out. He cited other indications too including the archaeological record. When it was pointed out to him that the Egyptians did in fact cultivate and sell oats according to Colombia University professors and that Rav Moshe and the Chazon Ish had previously dismissed this assertion, he was unfazed.

    What about that HaMavdil Bain Kodesh Lechol sentence on Motzei Shabbos? From his writings it is clear that he does not hold of it. Only a Havdallah in Shmoneh Esreh or on a Kos is valid in his eyes. Even though the Talmud Bavli (Shabbos 150a) states it explicitly, it does not seem to matter to the Rabbi. Clearly, the Rabbi is not afraid of extremely controversial views.

    Another aspect of Rav Bar Chaim is his vision of developing and spreading a renaissance of religious nationalism in Eretz Yisroel. Although this message would appeal to certain masses of the religiously observant, there is one aspect of his views that will most decidedly not appeal to them. As interesting a person as Rav Bar Chaim is, he does characterize the Talmud Bavli itself as Torath HaGaluth. In the country of Israel this is like attacking motherhood and apple pie.

    Does he have Rabbinic backing? Aside from a Rabbi Bock who has joined him in Machon Shilo the Rabbinic establishment has not seemed to have made any comments one way or the other. In the interview he did quote a well known Mashgiach of a Yeshiva who consulted with him on Birchas HaChama. He seemed to indicate that this Mashgiach did trust his Psak.


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    173 Comments
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    moish
    moish
    14 years ago

    as the chasam sofer said, “chodosh osur min hatora bchol mokom”, he is not cleverer than the all the gedoily hatorah that have lived since the talmud. one of main reasons the talmud bavli was accepted over the talmud yerushalmi because it is basro’oh (later). the rambam says that to even one who disregards a minhag is oiver on lo sosur. we will follow our mesora of over 2000 years which will live on eternally, while he and his views will eventually be forgotten like all the mischadshim lemineihem.

    Anonymous
    Anonymous
    14 years ago

    He maybe right but we have a mesora that we can’t change al titosh toras emacha

    APY
    APY
    14 years ago

    Very original. Ko Lecoi!

    Anonymous
    Anonymous
    14 years ago

    He Is A Total Full Blown apikores He Does Not Belive In masores hatora from moshe rabainu Down Thru The Generations Until This Very Day . IGNOR HIM!

    APY
    APY
    14 years ago

    Very original. Ko Lecoi!

    AAA
    AAA
    14 years ago

    I’m not sure one may even listen to him, it might be bordering with appikorsis!!!And chas v’shalom put in one dayis kosvis. I really hope VIN consulted a ruv before posting this.

    Al Tifrosh
    Al Tifrosh
    14 years ago

    Korach was a genius and talmid chochom too.

    leah
    leah
    14 years ago

    #5 can you back up what you said, do you mean he doesnt believe torah min hashomayim?

    LAG
    LAG
    14 years ago

    A Meshugener, in my eyes

    NJG
    NJG
    14 years ago

    You should all look up the definition of an apikores. He’s not one.

    Halacha is full of dissenting opinions. The fact that there are poskim that disagree with each other doesn’t mean the meikil one is wrong or the machmir one is right. And why can’t one go with a more lenient opinion?

    As far as the kitniot ruling, he happens to be right. Kitniot is not chametz, and everyone knows it. Sepharadim have been eating kitniot for centuries. Does kitniot somehow incur a greater risk of magically becoming chametz in an Ashkenazi’s mouth more than in a sepharadi’s? Please. In this day and age, with all we know about agriculture, and knowing that kitniot is in no way, shape or form chametz, there is no reason not to be able to eat it. Bar-Chaim is one of the few rabbis who have the guts to actually come out and proclaim it. Most other rabbis don’t think people are too dumb to understand halacha, and probably think that people who start eating kitniot will also eventually eat chametz. But people aren’t that stupid.

    Askupeh
    Askupeh
    14 years ago

    It seems that he is “Oongeshtekt” with the Shitah’s of the Dardeiyim (a group of Yemenite scholars deemed Apikorsim). His Rebbe Hara Kapach distanced himself from them, although his father was one of the leaders of the Dardeiyim. I’ve heard that Harav Kapach gave a Shvuah that he is not a Dardeiya, before being accepted as an official Rov by the Rabbenut.

    CHABADNIK
    CHABADNIK
    14 years ago

    mark my words- it won’t take long for this psyco to proclaim himself MOSHIACH…. mir hoben shoin gezehn a zelche geoinim!!

    APY
    APY
    14 years ago

    Very original. Ko Lecoi!

    Anonymous
    Anonymous
    14 years ago

    Vy is he wearing Tfilin during an interview for Utube?

    chakira
    chakira
    14 years ago

    Dawidh Bar Hayyim is more a student of R Kook than of Qafih. As anyone who knows anything about Qafih in particular and Yemenite Jews in general is aware of, Yemenites are the most strident about Talmud Bavli, albeit through the lens of the Rambam. The people who sometimes used Yerushalmi traditions were not Yemenites but Ashkenazim, for instance the traditions of Piyyut which are more rooted in Palestinian than Babylonian Jewish culture. That having been said, even Ashkenazim accepted (with caveats) the Babylonian overall Halacha and later the Shulchan Arukh. The basis for thinking that we need a new Torah, or a renewed Torah of Eretz Yisrael and not Galut Torah is from R Kook.

    Just because someone is a little weird does not mean they are Qafih.

    European Mesorah
    European Mesorah
    14 years ago

    There should not be a machlokes about kitnios for European Yidden. This was clearly explained in a story by the Yated. In Europe the sacks that held ground wheat, beans, oats etc. were the same and could be easily confused and even often intermixed by mills. That is a mesorah that is logical and is longstanding.

    As for the other piskai dinim we have a mesorah and if one Rav decides to make changes for his mishpucha IT IS ON HIS HEAD.

    Josh
    Josh
    14 years ago

    Havent heard anything this man say not backed up by torah sources. He’s an independent thinker and that unfortanatly that scares people.

    Anonymous
    Anonymous
    14 years ago

    he i a fake fony fraud

    zeidel
    zeidel
    14 years ago

    dass torah is not just to be brilliant and know shas, shulchen urech .has to do how you conduct yourself bekdushe vtahareh, yirei shomaim mirabin, which sources you learned from,who was your rebbe, your haskafos…not reffering to him just to those who think torah is like any chomche, you learn a lot and bingo, no, gemmorah says ‘ avol lasika shemateh alibe dehilchse tzerichun siate desmayeh’ and for that we need ‘v’hureicho beyiras hashem’ i’m just pointing this out to those who autaomatically think just because someone know so much he is autaomatically a bar samcha. i am not reffering to this rov. i dont know him. a

    Anonymous
    Anonymous
    14 years ago

    for the sake of argument lets assume that he is a legitimate bes din there is a halucha ein bes dim yachol lebetel bes din chaverio kee im gadol memeni bchuchme ibminyan so who is he to dispute the shulchan aruch? conclusion apikorses

    Joseph
    Joseph
    14 years ago

    It seems to me the people who are so against him are those who don’t really know or understand much. Most people feel more comfortable with what they’re used to, and feel better being machmir in general. I’m not saying he’s right in everything, but he does have some very valid points.

    He’s not alone on the oats either. Rabbi Abadi shlita holds that oats are NOT one of the 5 grains either. He’s also controversial and brilliant, and the former posek of Lakewood. He’s not on the same controversial caliber as Rabbi Bar Chaim, but he’s also misunderstood by people, who by and larger don’t understand.

    Anonymous
    Anonymous
    14 years ago

    Rabbi Akiva is also quoted as saying the he could pronounce a sheretz – tahor for 150 reasons. I smell someone looking for a following and media attention,not someone who cares even a bit for Toras Emes.

    Anonymous
    Anonymous
    14 years ago

    Yachid Verabim Halacha Kerabim

    Anonymous
    Anonymous
    14 years ago

    What are his views on Nistor & Limud Kabolo?

    Anonymous
    Anonymous
    14 years ago

    As long as he did not yet ban Lipa, he does not qualify as a gadol!

    Anonymous
    Anonymous
    14 years ago

    Sadly This Is A Common Problem With Many Many baley teshva Today , They Want To Do Good So They Walk The Walk But They Never Really Understood And Or Were Willing To Accept The Thirteen ane maamins And To Forget All The treifa hashkafa That They Had B4 , So They Act Like Frum Jews But Deep Down They Are Still Fry They Are Unwilling To Admit That They Were Always Wrong , Its Sad But We Have To Realize That Its Not So Easy To Make B.T. . .

    Anonymous
    Anonymous
    14 years ago

    He can’t be a to of a gadol I never saw yet a picture of this person not in hamodia,yated or kol haolam kilao so he does not qualify to change our torah not lchomrah nor lekula

    MOSHE
    MOSHE
    14 years ago

    I think this so called Rabbi is studying something very close to Judaism…

    Anonymous
    Anonymous
    14 years ago

    i watched the entire two hours and it is definitely worth watching. he doesn’t flinch once about any of his answers even for a second, and he never tried to change the topic at all.
    he has thoroughly reviewed everything that he takes an opinion on. if you do not want to follow his findings then you are free to do that, but to argue for a second that he is not a talmud chacham who is searching for amitas hatorah and retzon shomayim is just stupid.
    if you desired to understand d’var Hashem like he does, Moshiach would’ve been here long long ago.

    “kol ha”maalig al divrei chachamim, nidoin b’tzoia rosachas”
    if you want to argue his findings then do so, but don’t get caught making a letzonos of the words of a chacham as that can be very pricey.

    Monsey Man
    Monsey Man
    14 years ago

    When the Lubavitcher Rebee was alive, many Litvishe Roshei Yeshivot spoke out against him and his positions in certain halachot. There was never any threat that their Talmidim would have become Chabad-nickers. In the meantime, some of these same Roshei Yeshivot ignored life destroying issues like drug abuse and homosexuality among their talmidim. This man is certainly brilliant, appears to be sincere, and may well be a talmid chacham. He is no threat to anyone else. Even if some of his positions are wrong, considering the number of kids that we are losing to simple basic lack of Torah dedication caused by poor parenting and unskilled Rebbes, to be afraid of this man, and certainly to attack him, is insanity. If you don’t like him, don’t learn his seforim. Simple. If your child is happy in his Torah environment, he will not be drawn away to him. If your child is unhappy in his Torah environment, you have much bigger troubles down the road than Machon Shiloh.

    Anonymous
    Anonymous
    14 years ago

    So he is supposedly brilliant. And, so what? So was Shabtai Tzvi, so was Moses Mendelsohn, so was Spinoza. And the point of his brilliance? To try to make a cult following for himself. One way to do this is to try to make himself as different from mainstream as he can, so that his followers only have him — a tactic that any brainwashing cult will use — to distance any existing support network. Hence, by going against all accepted Gedolim, he is leaving himself as the one and only person to dictate Toras Eretz Yisroel, making himself king of the masses. Clearly, a new Meshumad in the making, knowing that there will be idiots who fall for brilliance.

    Anonymous
    Anonymous
    14 years ago

    Just another Jewish sect.

    AAA
    AAA
    14 years ago

    One has to be very very careful not to be “nispuel” from some1 that has a good tong and has the power to{so called} convince that he is right. I WOULD RATHER BE WRONG AND LISTEN TO THE “SHULCHON ORACH” AND ALL OUR PREVIOUS GDOLEM, THEN TO BE RIGHT, AND LISTEN TO THIS FREAK.

    Lisa
    Lisa
    14 years ago

    Im kol ha-kavod, I think the author of this article is mistaken about Rav Bar Hayim pronouncing a gimmel as a jimmel. This is, in fact, one letter that the Yemenites are wrong about according to Rav Saadia Gaon, whose view Rav Bar Hayim follows.

    Thank you for running this article.

    Anonymous
    Anonymous
    14 years ago

    Kol HaKavod to this news website for this fascinating interview. I would just like to point out two corrections. HaRav Bar-Hayim says that under ordinary circumstances one should not just merely say ” Baruch Hamavdil Bein Kodesh Lehol”-but b’dieved one may do so. Further, while Rav Bar-Hayim advocates pronunciation which is very similar to that of the Yemenites, he does not advocate pronouncing the gimmel as “j”. HaRav Bar-Hayim has cited HaRav Saadiah Gaon as having said that such a sound is only made in Arabic, but not Hebrew.

    Anonymous
    Anonymous
    14 years ago

    As interesting a person as Rav Bar Chaim is, he does characterize the Talmud Bavli itself as Torath HaGaluth.
    —-
    One word: Majnoun.

    stomeatalmidchochim
    stomeatalmidchochim
    14 years ago

    Its a real shame that a brain like his is wasted, I watched the 12 video clips and must say that mostly they are uninteresting, the 2 interesting ones are part 4 and part 10, (note: Part 8 is mistakenly called part4)

    the reason i say its a shame a brain like that is wasted, is due to many points this “rabbi” makes, mostly his mocking of the talmud bavli as something that we should not follow since it is based on “natiyot”. What truely shocked me the most was him claiming that the only the ri”f is noted as saying we should follow the bavli as it is “basraa” and he claims that the reason given by the ri”f is an “excuse”, he seems to forget to mention that as for the bavli the rambam writes the every person in klal yisroel must follow its halachos.takonos, gezeiros, etc. this rambam is in the hakdama to sefer mishna torah yad hacazakah. while he continuosly quotes the same text a few lines earlier as saying we should follow the shita that is most understandable to us “bain rishon oh achron” he forgets to mention that the rambam says this in regard to everthing after the “bavli”.

    Learning and Not hateful
    Learning and Not hateful
    14 years ago

    Actually, to correct your article, the Rav does not pronounce the gimmel as a “jimmel.” In fact, he has pointed out to us that this is a corrupted pronunciation, as the Saadiah Gaon writes that there is no Hebrew letter that corresponds to the Arabic letter “jin” – which would be a “jimmel” if there was such a thing. It is pronounced gimmel.

    I assume you may have made other errors in your article as well, so I ought to watch the video to get the real scoop about all this. But I applaud you for publishing this article/interview and for publicizing the very intriguing Torah coming from Rav Bar Hayim.

    In any event, Rav Bar Hayim is a rabbi who is not afraid, he is willing to examine all the sources and be open about them, and he is willing to assert Jewish pride and Jewish identity in the Land of Israel.

    For those who slander him c”v or question his beliefs, you are mistaken. This is a brilliant rabbi of sincere faith and conviction to uphold chazal and Judaism. My connection to Hashem has only grown from learning by Rav Bar Hayim, and my davening experience was especially rejuvenated thanks to Rav Bar Hayim’s ideas and chiddushim (from Rambam and other sources) on the tefilla and personalizing prayer to build a better connection with Hashem.

    This is a rabbi in Israel who is ready to face reality.

    Shlomo
    Shlomo
    14 years ago

    Best interview on VIN ever! Rav Bar Haim is clearly a a great Talmud Chacham, intelligent and can think for himself. He also explains his views very clearly. People who have a problem with him or call him names are people who have been brainwashed into thinking a Jew can not think for himself they must listen to the Shulchan Aruch and can not question anything. The RAMBAM the Gra and others agree with Rav Bar Haims way of thinking. Watch the whole thing before commenting. Can’t wait to see another interview with him keep it up VIN

    shimon
    shimon
    14 years ago

    BTW I was really impressed by the interviewer too, he was polite, learned and well prepared. I hope this is a new standard for the frum online news.

    shimon
    shimon
    14 years ago

    His pronunciaiton is based on the sefer Sfas Emes – Sifsei Kohen by Rav Ben Zion Kohen zt”l (of Jerba and Yerushalaim). It is a bit different from the Yemenite pronunciaiton (i.e. no jimmal, segol is like the latin “e”, cholom is closer to “o” etc.)

    Hashem Yishmor
    Hashem Yishmor
    14 years ago

    BE CAREFUL!! This “rabbi” needs to have serious endorsements before the ‘hamon am’ should change any ancient minhagim. I would venture to say that you should not even listen to him, this can do much damage to your neshama. Finally, brilliance, is NOT a reason to listen to a person! Korach, Mendelson, and Hitler were all brilliant!

    Anonymous
    Anonymous
    14 years ago

    It is pure, pure, pure kfira to call the bavli – torath hagaluth. It goes against all, all of the past 1500 years of yiddishkeit. All the pro comments here, be careful – you’ve thrown your lot with those that dont hold from shas and shulchan aruch!!. There is nothing to talk about here. His own rebbeim at merkaz harav don’t hold from him. This article should be called the next Shabtai Tzvi..

    Frum Lawyer
    Frum Lawyer
    14 years ago

    “As interesting a person as Rav Bar Chaim is, he does characterize the Talmud Bavli itself as Torath HaGaluth.”

    This is where he falls off the wagon of masorah. The gemara states clearly that “Ravina and Rav Ashi sof horaah.” As the Rambam explained in his hakdamah to the Yad ha Chazakah, Ravina and Rav Ashi were the last beis din which was accepted by all of klal yisroel. Their decisions have the force of the psak of the Beis Din ha Gadol, and one simply cannot disagree with their psak. If the Talmud Bavli paskins a certain way, that is the halakha, period.

    Furthermore, in understanding both the Bavli and Yerushalmi, we cannot simply make up our own pshatim without consulting the Rishonim, who transmitted the tradition of learning to us. Try to learn a piece of Gemara you have never seen without Rashi — it is nearly impossible.

    The notion that everything after the Tannaim can be dismissed as “Toras ha Galus” is simply apikorsus.

    This is a lot more fundamental than kitniyos on Pesach.

    “Readers will recall this Beit Din having issued a ruling that all Ashkenazic Jews living in Israel may consume Kitniyos products. Some jumped for joy. “Finally – culinary freedom for Pesach!””

    My reaction to this was: How utterly prost! Yes, I know that the minhag of kitniyos has a long literature both for and against going back to the Rishonim. Yet that is the minhag of a large part of klal Yisroel. The idea that one cannot control oneself for a week — “culinary freedom” — illustrates that this is literally a “boich sevara.”

    howcouldyou?
    howcouldyou?
    14 years ago

    I’m not so sure this was a nice thing to do. To expose the interview to some of the less than respectful commentors. They lack basic derech erets. You have subjected a gaon to ridicule. Would you do that to the Ashkenazi Gedolim in Eretz Yisrael?

    Use Your Head
    Use Your Head
    14 years ago

    Whatever you think about this obviously rather learned man (and many here seem to have little regard for the halachos of slander, not to mention common decency and derech eretz), it should be noted that from a historical perspective, many of the greatest individuals in Jewish history were considered mavericks in their own time, and often for many years thereafter.

    Talmud Bavli HaKadosh
    Talmud Bavli HaKadosh
    14 years ago

    If this “Rav” states that he does not respect Talmud Bavli he is breaking the mesorah of Toras Moshe M’Sinai. What is he saying: “Tiyuvta” to the Amoraim? What is he saying: “Tiyuvta” to Bes Hillel and Bes Shamai, Rava and Abaye? Think about this and you will see that we must rebuke this man. I stand with the Amoraim HaKadoshim and Moshe Rabbeinu !!! Moshe Emes v’Toraso Emes !!!

    Anonymous
    Anonymous
    14 years ago

    Seems to me that majority of the pro comments are coming from his groupees.. No rightminded frum Jew would ever hold of a guy that ignores shas!!!

    Dawid
    Dawid
    14 years ago

    Just a clarification about his pronunciation.
    He actually does not use “jimmel” as the Temanim.

    JOSEPH IN BROOKLYN
    JOSEPH IN BROOKLYN
    14 years ago

    I dont know who this person is and i can see that he is extremly smart and a deep thinker
    however “hashem is not looking for smart people
    hashem gives smartness to smart people so how do you get smart
    ?the posuk says “raishes chochmah is yiras elokim” im afraid thats what this rabbi is lacking

    he is smart and full of passion but he has to remember that was pulss us through the long galus is our clinging to mesorah a mesorah that yes is followed sometimes blindly