Shulchan Arukh, Orach Chayim 108:5-7

Hook

We live in a world that often feels fractured, a tapestry of human experience woven with threads of loss, regret, and profound longing. Who among us hasn't wished for a do-over, a chance to mend what's broken, to fulfill a promise left unkept, or to speak words that went unsaid? This innate human desire for repair, for a second chance, resonates deeply within the Jewish historical narrative, perhaps nowhere more profoundly than in the story of Zionism and the modern State of Israel.

For millennia, the Jewish people yearned to return to their ancestral land, to rebuild, and to reclaim their national sovereignty. This yearning was not merely nostalgic; it was a deeply spiritual "prayer" for self-determination, for a collective flourishing that could only happen in the land of Israel. But through centuries of exile, persecution, and forced dispersion, this "prayer" often went unsaid, or was uttered only in hushed tones, under duress, or in the realm of dreams. The ability to act as a sovereign people, to shape their own destiny on their own soil, was denied. It was an "extenuating circumstance" of historical proportions, a prolonged state of being "imprisoned" by forces beyond their control.

Then came Zionism – a movement that dared to imagine not just a return, but a profound act of Tashlumin, of "making up" for all that was lost and deferred. It was a collective decision to take responsibility for the future, to re-engage with history, and to build anew. But here lies the dilemma, the beautiful, complex tension that defines much of modern Israel's identity: Is the State of Israel simply a "make-up" prayer, a restoration of what once was, albeit in a radically new form? Or is it something more audacious, a "voluntary prayer" with a bold "innovation," a new spiritual and national expression that transcends mere restoration?

This tension between repair and creation, between tradition and innovation, between historical imperative and present responsibility, is not unique to the Zionist project. It is, in fact, an ancient Jewish legal concept, eloquently articulated in the seemingly mundane laws of prayer. Our text today, from the Shulchan Arukh, the foundational code of Jewish law, offers us a surprising lens through which to explore these profound questions. It speaks of missed prayers and the possibility of "making them up" – Tashlumin – under certain conditions. It also introduces the idea of a "voluntary prayer" with an "innovation," hinting at the possibility of creating something new and meaningful even when the strict obligation has passed.

As we delve into these ancient legal discussions, we'll discover not only the wisdom of Jewish law but also a powerful framework for understanding the ethical demands and hopeful possibilities embedded in the ongoing journey of the Jewish people and the modern State of Israel. It calls us to be candid about our past, compassionate in our present, and future-minded in our aspirations, all with a strong spine of conviction and an open heart of empathy.

Text Snapshot

From Shulchan Arukh, Orach Chayim 108:5-7:

"If one erred or was forced [by circumstance] and did not pray the morning prayer, one should pray the afternoon prayer twice: the first is the afternoon prayer, and the second as a make-up... If it was on purpose and one did not pray [an Amidah], there is no make-up for it... Even though there are no make-up prayers other than for the prayer immediately adjoining that prayer... if one wants to pray that one [i.e., the one that cannot be made up anymore] as a voluntary prayer and one will innovate something [new] into it, one is allowed to and it is proper to do so... One who did not pray [the Amidah] while there was still enough time... or was troubled with monetary needs... or someone who is drunk... All of these are considered people with extenuating circumstances and they [do] have a make-up."

Context

Date: 16th Century CE (Safed, Ottoman Empire)

The Shulchan Arukh (Set Table) was authored by Rabbi Yosef Karo in the mid-16th century, a period of profound upheaval and spiritual ferment for the Jewish people. Following the expulsion from Spain in 1492 and Portugal in 1497, Jewish communities were scattered across the globe, bringing with them diverse customs and legal traditions. This dispersion led to a pressing need for a unified code of Jewish law that could provide clarity and consistency for daily life, thereby strengthening Jewish identity and practice amidst unprecedented challenges. Safed, a mystical hub in Ottoman Palestine, became a beacon for Jewish spiritual and intellectual renewal, a place where the yearning for redemption and the practicalities of Jewish law intertwined. The Shulchan Arukh emerged from this crucible, reflecting both a deeply rooted commitment to tradition and a pragmatic response to the realities of a dispersed people longing for unity and a coherent path forward. Its meticulous detailing of daily halakha, even for seemingly minor infractions like missed prayers, underscored the enduring Jewish commitment to maintaining a sacred rhythm of life, even in the absence of national sovereignty.

Actor: Rabbi Yosef Karo

Rabbi Yosef Karo (1488-1575) was a towering figure in Jewish legal history. Born in Spain, he experienced the trauma of expulsion firsthand, moving through various communities before settling in Safed. His magnum opus, the Shulchan Arukh, was an ambitious attempt to distill the vast sea of Talmudic and post-Talmudic law into a concise, authoritative code. Karo’s methodology involved synthesizing opinions from earlier codifiers, primarily Maimonides, Asher ben Yehiel (Rosh), and Jacob ben Asher (Tur), often adopting the majority view. However, his work was not universally accepted without additions; Rabbi Moshe Isserles (the Rema) of Poland famously added his Mappah (Tablecloth) – glosses that incorporated Ashkenazi customs and rulings, thereby making the Shulchan Arukh authoritative for virtually all Jewish communities worldwide. Karo’s aim was not to innovate halakha but to clarify it, providing a stable foundation for Jewish practice at a time when the Jewish world was fragmented and in need of spiritual anchors. His focus on practical, actionable law made the Shulchan Arukh an indispensable guide, reminding Jews everywhere of their enduring covenantal obligations, even when their national destiny seemed far off.

Aim: Codify Jewish law for daily life

The primary aim of the Shulchan Arukh was to provide a comprehensive and accessible guide to Jewish law for everyday practice. Before its publication, navigating the intricate labyrinth of halakha required extensive Talmudic scholarship. Karo sought to democratize Jewish legal knowledge, making it available to a broader audience of laypeople and scholars alike. The specific section we are studying, Orach Chayim (Path of Life), deals with laws relating to prayer, blessings, Shabbat, and festivals – the very fabric of Jewish communal and individual spiritual life. The meticulous detail dedicated to the laws of Tashlumin (make-up prayers) highlights the profound importance of prayer in Jewish tradition. It's not merely a ritual; it's a fundamental connection to the Divine, a constant engagement with one's spiritual obligations. The very idea of "making up" a missed prayer underscores the belief that spiritual opportunities, even if initially lost, are never entirely beyond reach, provided there is genuine intent and effort. This commitment to finding pathways back to obligation, even in challenging circumstances, speaks to a deep sense of responsibility towards one's spiritual life and the collective destiny of the Jewish people, anticipating the long, arduous path back to national self-determination.

Two Readings

The Shulchan Arukh's discussion of Tashlumin (make-up prayers) and Nedava (voluntary prayers) offers a surprisingly rich framework for understanding the complex narrative of Zionism and the modern State of Israel. These ancient legal concepts, when viewed metaphorically, illuminate the dual nature of the Zionist project: both a profound act of historical repair and a bold, unprecedented act of national innovation.

Reading 1: Zionism as Tashlumin: Making Up for Millennia of Loss and Displacement (The "Extenuating Circumstance" Paradigm)

Our text explicitly states that if one "erred or was forced [by circumstance]" (טעה או נאנס) and missed a prayer, they should "make it up" by praying the next prayer twice. Crucially, the text extends this to those "troubled with monetary needs" or even "drunk" – all considered "people with extenuating circumstances" (אנוסים) who have the opportunity for Tashlumin. The commentaries further expand on this. The Magen Avraham and Ba'er Hetev, citing earlier sources, emphatically state that "one who was ill or imprisoned (and the place was not clean), when he comes out, he should pray all the prayers he missed." The Mishnah Berurah reiterates this, clarifying the order of making up these prayers. This expansive view of Tashlumin for those under duress provides a powerful lens through which to view the Zionist endeavor.

For nearly two millennia, the Jewish people lived in Galut, exile, a state of profound "extenuating circumstance" (אונס). They were, collectively, "imprisoned" (תפוס בתפיסה) by foreign powers, denied national sovereignty, self-defense, and the unfettered ability to build their cultural and spiritual life in their ancestral homeland. The "place was not clean" – metaphorically, the conditions of exile often made full, uncompromised national and spiritual expression impossible. The "prayers" of a nation – self-governance, a national language, a thriving indigenous culture, a secure home, the defense of its people – were largely "missed."

Zionism, then, can be understood as a grand, collective act of Tashlumin. It is the audacious endeavor to "make up" for all these missed national "prayers." The return to Zion was not merely an act of migration; it was a conscious, determined effort to reclaim agency, to rebuild what was shattered, and to fulfill the ancient covenantal promise.

Consider the "prayers" that were "missed" and are now being "made up" through Zionism:

• Sovereignty and Self-Determination: For centuries, Jews were subjects, not citizens, of other nations. The establishment of the State of Israel in 1948 was the ultimate "make-up prayer" for lost sovereignty, allowing the Jewish people to govern themselves, shape their own laws, and determine their own destiny – a fundamental "prayer" of nationhood.
• Self-Defense: The inability to defend themselves against persecution and violence was a tragic hallmark of exile. The Israel Defense Forces (IDF) stands as a powerful "make-up prayer" for centuries of vulnerability, ensuring that "never again" is not just a slogan but a reality backed by the capacity to protect Jewish lives.
• Cultural and Linguistic Revival: While Hebrew was preserved as a sacred language, its revitalization as a modern, spoken language was a monumental act of Tashlumin. It "made up" for the linguistic fragmentation of exile, becoming the vibrant medium of a new national culture, literature, and intellectual life.
• Gathering of Exiles (Kibbutz Galuyot): The ingathering of Jews from around the world, particularly those fleeing persecution, is a profound "make-up prayer" for the forced dispersion and displacement of millennia. It is a collective act of healing and homecoming.
• Reclaiming the Land: The physical rebuilding of the land, turning deserts into fertile fields, establishing cities, and fostering a deep connection to the soil, is a "make-up prayer" for the neglect and detachment that characterized the land's relationship with its indigenous people during their long absence.

This reading acknowledges the immense historical injustices and trauma that necessitated the Zionist project. It emphasizes the sense of responsibility to restore, to heal, and to fulfill what was denied. It centers the Jewish people as active agents in their own redemption, transforming historical "extenuating circumstances" into opportunities for national renewal. The fact that the commentaries allow for "all prayers" to be made up for the "imprisoned" underscores the comprehensive and holistic nature of this national restoration – not just one aspect of life, but a full, vibrant, and independent existence. The "strong spine" of this reading lies in its unwavering commitment to collective memory and the imperative of justice for a historically oppressed people.

Reading 2: Zionism as Nedava with Chiddush: Voluntary Innovation in a New Era (The "Innovation" Paradigm)

While the Shulchan Arukh offers Tashlumin for missed obligations, it also addresses situations where a make-up prayer isn't strictly required or possible, stating: "if one wants to pray that one [i.e., the one that cannot be made up anymore] as a voluntary prayer and one will innovate something [new] into it, one is allowed to and it is proper to do so." This concept of a Nedava (voluntary offering) infused with Chiddush (innovation) provides a second, equally vital, lens for understanding Zionism.

This reading shifts the focus from mere restoration to active, creative reimagining. Zionism is not solely about returning to a pre-exilic state; it is about forging a new Jewish national identity and expression in the modern world. The State of Israel is not simply a replica of ancient kingdoms; it is a unique, innovative entity that integrates ancient heritage with contemporary realities.

• The "Innovation" (Chiddush): What constitutes the "innovation" in the Zionist project?
  • A Modern Democratic State: The State of Israel is a modern democracy, with a diverse populace, a vibrant civil society, and a commitment to democratic values, even while grappling with profound challenges. This political structure is a Chiddush, a new form of Jewish governance, distinct from ancient monarchies or theocratic models.
  • Secular Zionism: Much of early Zionism, and indeed much of Israeli society today, is deeply secular. The pioneers who drained swamps, built kibbutzim, and fought for independence were often not motivated by traditional religious observance, but by a secular-nationalist ideal. Yet, they saw their work as deeply meaningful, even sacred, a "voluntary offering" of their lives and labor for the Jewish people. This is a profound Chiddush, finding sacred purpose in seemingly non-religious endeavors.
  • Technological and Scientific Hub: Modern Israel's rise as a global leader in technology, science, and innovation is a contemporary Chiddush. This intellectual and entrepreneurial spirit applies ancient Jewish ingenuity to new frontiers, contributing to global progress in ways unimaginable in previous eras.
  • Reimagining Jewish Identity: In Israel, Jewish identity is lived out in myriad ways – as a nationality, a culture, a language, a shared history, and a diverse set of religious practices. This kaleidoscope of identity, where being Jewish is the default rather than the exception, is a Chiddush that continues to evolve.

This understanding of Zionism as Nedava with Chiddush resonates with the philosophy of thinkers like Rav Abraham Isaac Kook, who saw the building of the land by even secular pioneers as a sacred act, a "holy work" that was laying the groundwork for a deeper spiritual redemption. The "innovation" is not a rejection of tradition but a creative expansion of it, finding new ways to express the eternal Jewish spirit.

However, the commentaries introduce a crucial tension regarding Nedava. The Mishnah Berurah notes that "one does not pray a voluntary prayer on Shabbat or Yom Tov," reflecting a halakhic principle that on these sacred days, our obligations are fixed, and we should not add voluntary practices. The Sha'arei Teshuvah and Kaf HaChayim further debate the permissibility of Nedava in "our times" at all, with the Kaf HaChayim concluding that it is generally not advisable without a very strong halakhic basis, especially if it relies on a "singular opinion" against the majority. This caution highlights the potential risks of unbridled "innovation" or "voluntary offerings" that might stray too far from established norms or core responsibilities.

This tension is highly relevant to modern Israel. How do we ensure that the "innovation" remains grounded in core Jewish values and historical responsibility? How do we navigate the secular expressions of Jewish nationhood without losing the profound spiritual and ethical dimensions? Critics of Israel, from both within and without, sometimes echo the Kaf HaChayim's caution, questioning whether certain "innovations" (e.g., policies, social trends, or even aspects of statehood itself) truly align with the highest ideals of Jewish tradition and universal justice. This reading invites an "open heart" to grapple with these complexities, to celebrate the daring creativity of Zionism while also holding it accountable to its deepest ethical commitments. It acknowledges that the journey of innovation is ongoing and requires constant self-reflection and a willingness to course-correct.

In sum, Zionism is neither solely Tashlumin nor exclusively Chiddush; it is a dynamic interplay of both. It is the urgent act of "making up" for historical loss and the courageous act of "innovating" a vibrant, modern Jewish future. This dual nature demands both a deep reverence for the past and a bold vision for what is yet to be built, always centering peoplehood and responsibility for the collective good.

Civic Move

Action: Convene "Tashlumin & Chiddush Forums: Reimagining Israeli Society"

To embody the insights from the Shulchan Arukh and its commentaries, we can initiate structured dialogue and action forums focused on critical issues facing Israeli society and the broader Jewish people. These "Tashlumin & Chiddush Forums" would bring together diverse voices – Israeli citizens (secular, religious, Arab, Druze, Haredi), Diaspora Jews, and others invested in Israel's future – to engage in candid, compassionate, and future-minded conversations. The goal is to move beyond mere critique or celebration towards constructive engagement, fostering a culture of collective responsibility and creative problem-solving.

Description: These forums would be designed as facilitated, multi-session study and discussion groups, either in-person in communities or virtually across time zones. Each forum would focus on a specific, pressing challenge – for example, social inequality, the Israeli-Palestinian conflict, religious pluralism, democratic resilience, environmental sustainability, or the relationship between Israel and Diaspora Jewry.

Process:

1. Identify a "Missed Prayer" (Tashlumin)

Participants begin by collectively identifying and articulating the "missed prayers" of Israeli society or the Jewish people in relation to Israel. This involves:

• Honest Acknowledgment: What historical injustices, societal shortcomings, or ethical lapses (both internal and external) have occurred that require a "make-up" or repair? This could involve examining historical narratives, acknowledging suffering, recognizing power imbalances, or addressing social gaps. The focus here is on understanding the "extenuating circumstances" (e.g., security threats, historical trauma) that contributed to these "missed prayers," but also asking candidly if any were "on purpose" – choices made that actively caused harm or neglected core values.
• Empathy and Listening: Participants share personal experiences and perspectives related to the chosen issue, listening deeply to narratives that may differ from their own. The aim is to build a shared understanding of the problem's depth and complexity, recognizing that for those "imprisoned" by circumstance (e.g., poverty, discrimination, conflict), the "prayers" of justice and dignity have been missed.
• Textual Anchoring: Integrate Jewish texts (beyond the Shulchan Arukh) that speak to justice, compassion, and communal responsibility, providing a shared moral vocabulary for the "Tashlumin" process.

2. Propose a "Voluntary Innovation" (Chiddush)

Once the "missed prayers" are identified and understood, the forum shifts to envisioning and proposing "voluntary innovations." This phase is about future-minded creativity and constructive action:

• Brainstorming Solutions: Participants collaboratively brainstorm concrete, actionable initiatives, policy recommendations, educational programs, or dialogue models that could address the "missed prayer." This is where the spirit of "innovation" (שיחדש דבר) comes alive – not just replicating old solutions, but crafting new, creative approaches tailored to contemporary challenges.
• Building Bridges: Emphasis is placed on innovations that build bridges across divides, promote shared society, and enhance mutual respect. For instance, if the "missed prayer" is social inequality, an "innovation" might be a new cross-sector mentorship program for youth from marginalized communities, or a collaborative venture between Arab and Jewish entrepreneurs.
• The "Nedava" Spirit: These proposed actions are framed as "voluntary offerings" (נדבה) – acts of love, commitment, and personal investment in the collective good, not merely external obligations. This encourages participants to see themselves as active co-creators of Israel's future, bringing their unique talents and passions to the table. The debate in the commentaries about nedava on Shabbat/Yom Tov or "in our times" can be a prompt for discussion: How do we ensure our innovations are truly grounded in our deepest values and not merely fleeting ideas? How do we ensure they are not just "personal" but contribute to the collective sacredness of the enterprise?

3. Commit to "Shared Responsibility" (Takeaway)

Each forum concludes with participants articulating a personal and collective commitment to "shared responsibility."

• Personal Pledges: Individuals identify specific actions they can take within their own spheres of influence to contribute to the proposed "innovations" or to foster greater understanding and repair.
• Collective Advocacy/Action: The forum may decide to synthesize its proposals into a white paper, an advocacy campaign, a community project, or a call to action directed at relevant stakeholders (e.g., government officials, NGOs, educational institutions).
• Ongoing Dialogue: Establish a mechanism for continued engagement, follow-up, and evaluation, ensuring that the spirit of Tashlumin and Chiddush is integrated into ongoing community life and discourse.

By engaging in "Tashlumin & Chiddush Forums," we move beyond an abstract understanding of the Shulchan Arukh's wisdom to a tangible commitment to building a better, more just, and more hopeful future for Israel and the Jewish people. It’s an act of collective "prayer" – acknowledging what was lost, taking responsibility for the present, and courageously innovating for tomorrow, all with a strong spine of truth and an open heart of compassion.

Takeaway

The ancient halakhic discussions of Tashlumin (make-up prayers) and Nedava (voluntary offerings with innovation) in the Shulchan Arukh provide a profound and enduring framework for understanding the Zionist project. Modern Israel is, at its heart, a monumental act of both. It is Tashlumin – a determined effort to "make up" for millennia of "missed prayers" of sovereignty, security, and national flourishing, a response to an enduring "extenuating circumstance" of exile. But it is equally Chiddush – a bold, voluntary "innovation" that reimagines Jewish peoplehood in a modern, sovereign, and incredibly diverse state. This dual identity demands a constant, honest engagement with both our historical burdens and our future aspirations. It calls us to acknowledge past losses with compassion, address present challenges with responsibility, and innovate for a better tomorrow with courage and integrity. The ongoing work of building Israel and sustaining Jewish peoplehood is a continuous "prayer" – one that requires both humble repair and audacious creativity, always striving for justice, connection, and the fullness of our collective human and spiritual potential.