Disagreeing With Rabbi Michael Broyde New Book re New Years Parties

By Rabbi Yair Hoffman

Rabbi Michael J. Broyde is an exceptional scholar whose ability to integrate traditional Jewish texts with contemporary ethical issues sets him apart in his field. His insightful analyses and engaging teaching style inspire both students and colleagues, fostering a deeper understanding of complex legal concepts within the Jewish community.  Nonetheless, with the gentile New Year having just arrived, I would, respectfully, like to take issue with some rulings issued by Rabbi Michael Broyde in an appendix to his recent book entitled “Jewish Law and the American Thankgiving Celebration.”

His permissive view is based on an article he wrote previously (Hirhurim – Torahmusings.com “Is New Years Kosher? December 27, ‘11) concerning both New Year’s and Valentine’s Day. [See http://torahmusings.com/2011/12/is-new-years-kosher/]

Although Rabbi Broyde’s halachic analyses generally tend to to be cogent and well-argued, it is my contention that the rulings he has issued in this appendix are based upon a number of misreadings and mistranslations of important halachic texts.

Rabbi Broyde’s reading of Igros Moshe here too, in this author’s opinion, is erroneous. Rav Feinstein was solely discussing the permissibility of conducting a Bar Mitzvah or Jewish wedding celebration on New Year’s Day on account of the prohibition of Maris Ayin. To this Rav Feinstein writes that it would be the conduct of the pious not to perform it then. Yet, shockingly, nowhere in Rabbi Broyde’s article does he mention this at all. Reading Rabbi Broyde’s article, one thinks that the party Rav Moshe refers to is a New Year’s party, heaven forbid. True, Rav Feinstein seems to be drawing a distinction between New Year’s and Thanksgiving versus December 25th, but only in terms of there not being a prohibition of Maris Ayin in conducting a Jewish celebration on that day. Rabbi Broyde takes this distinction drawn by Rabbi Feinstein and extends it further to permit, on his own accord, attending an office New Year’s Eve party. His placing the words of “avoiding such a party is the conduct of the pious” as an assertion of Rav Moshe Feinstein without having stated that Rav Moshe was solely referring to a Bar Mitzvah or wedding is grossly misleading.

It is also this author’s opinion that the Ramah in Yore Deah 178:1 cited by Rabbi Broyde wherein he derives four rules of thumb to determine the halachic permissibility of copying certain activities is also misconstrued. To clarify the Ramah’s meaning and intent one must look at the Maharik, the Ramah’s source, and it will be seen that if a custom is observed for the purpose of keeping a gentile tradition – then that too is a violation.

Rabbi Broyde writes:

New Year’s Day.. seems to have completely lost its Christian overtones. Even in the deep Christian South where I live there are no indicia that connect New Years Day to Christianity. The “first generation” Hindu and Muslim communities in Atlanta – who would never celebrate Christmas – have New Year’s Eve parties. It is obvious that the status of New Year’s Day has changed in the last three hundred years.

Indeed, in contemporary America there is little religious content or expression to New Year’s Day. Few would classify it as a religious holiday, as there is a clear secular method and reason to celebrate New Year’s day, and thus it has lost its status as a Christian Holiday. Rabbi Feinstein notes this directly himself in Iggerot Moshe (Even Haezer 2:13). He writes with regard to New Year’s:

‘The first day of the year for them [January 1] . . . is not prohibited according to law, but pious people [baalei nefesh] should be strict.’”

Rabbi Broyde continues: “This insight, written in 1963, is even more true nowadays. The Christian origins of New Year’s is even more cloaked now than a half century ago..My own sense is that the central question here is “what do we really mean by celebrating” and that this is a good tool to use to determine how we ought to conduct ourselves as a matter of halacha..So too, I think that one can go to an office New Year’s Eve party when one feels that such conduct is needed and part of the culture of the office one works. Assuming other aspects of Jewish law can be observed, I think that Rav Moshe’s assertion that avoiding such a party is the conduct of the pious is correct, and technical Jewish law permits such.”

It is clear to this author that this view is erroneous – especially  in light of the fact that this holiday is still celebrated in many religious circles.  The author can be reached at [email protected]