A review of contemporary Sephardic halacha is not complete without including the great Chacham Ben Zion Abba Shaul. Of the great Sephardic poskim of the second half of the 20th century, he may be regarded as the quintessential Sephardic rosh yeshiva.

In contrast to his peers, the three great Sephardic poskim of his time, Rav Ovadia Yosef, Rav Shalom Messas and Rav Mordechai Eliyahu, Chacham Ben Zion did not serve as a longtime member of an established beit din. Rather, Chacham Ben Zion entered the iconic Sephardic Yeshivat Porat Yosef (located in Jerusalem’s Old City) at the tender age of 11 and never left until the day he left this world at the age of 74.

He also, unlike his peers, never served in an official rabbinic capacity. Rather, he died as the rosh yeshiva of Yeshivat Porat Yosef, and this is what characterized him and established his specific niche in the world of Sephardic halacha. Not surprisingly, the Sephardic chareidi community has a special affinity for Chacham Ben Zion’s rulings. For example, the Lakewood yeshiva-trained Rav Eli Mansour, a chareidi leader in the Syrian Jewish community of Brooklyn, New York, very frequently cites and follows the rulings of Chacham Ben Zion[1].

A Stricter Approach in Halacha

In general, he adopted a more strict (and one might say less pragmatic) approach to Halacha than his peers, as would typify one who spent his entire life in the yeshiva. A case in point is the stance Chacham Ben Zion adopts toward the Heter Mechira.

The Heter Mechira refers to the highly controversial sale of Israeli farmland to sidestep the restrictions of the shemittah year. While Rav Ovadia Yosef (Teshuvot Yabia Omer 10 Yoreh Dei’ah 37-43) vigorously defends the validity of the Heter Mechira[2], Chacham Ben Zion does not accept its validity (introduction to Teshuvot Ohr L’Tzion Hilchot Shevi’it). Although Rav Ovadia notes that the Sephardic tradition of the past 100 years has been to uphold the validity of the heter, Chacham Ben Zion was very much influenced by the Chazon Ish[3], who strongly rejected the heter.

Another example is Chacham Ben Zion’s firm insistence that males must wear a hat in addition to a kippah during Birkat Hamazon (Teshuvot Ohr L’Tzion 2:13:3). This contrasts with Rav Ovadia Yosef and Rav Yitzhak Yosef, who believe that while it is preferable to do so, strictly speaking it is not necessary.

A Balanced Approach to Strictness

However, Rav Ben Zion did not always adopt the strict stance to halachic issues. In fact, Rav Shmuel Khoshkerman reports that Chacham Ben Zion[4] did not fully subscribe to Rav Ovadia’s prohibiting married women from wearing a wig/sheitel (see Teshuvot Yabi’a Omer, 5 Even HaEzer number 5).

Moreover, whereas a dominant approach in the Ashkenazic chareidi community is that the current generation must adopt a stricter approach than was done in prior generations, Rav Ben Zion does not subscribe to this approach. For example, while it is accepted within Ashkenazi circles to adopt a strict approach to folding clothes and tallit on Shabbat, Chacham Ben Zion sanctions following the accepted Sephardic custom[5] to adopt the lenient approach to this matter (Teshuvot Ohr L’Zion 2:24:3-4).

Another difference between Rav Ben Zion and Ashkenazi chareidim is the relationship to non-observant Jews. For Sephardic Jews, family connections are overwhelmingly important and even chareidi Sephardic Jews will maintain warm connections with non-observant relatives (and vice versa[6]). Thus, it is not surprising for Rav Ben Zion to permit giving an aliyah to a non-observant relative at a family simcha[7] (which would be anathema at an Ashkenazic chareidi event).

Rich Disagreements With Rav Ovadia

Rav Ben Zion often disagreed with Rav Ovadia on a wide variety of topics. These disagreements serve as a springboard for rich halachic analysis. A locus of the disagreements is Teshuvot Yabia Omer 9: Orach Chaim 108 where Rav Ovadia devotes no less than 42 pages explaining at length no less than 195 (!) disagreements with Rav Ben Zion on a wide variety of issues. On a personal note, Rav Ben Zion was classmates with both Rav Ovadia and Rav Mordechai Eliyahu and maintained a warm relationship with both of his great peers throughout his lifetime.

Conclusion

Tuvia Macklin, a thoughtful student at Torah Academy of Bergen County, remarked to me that Moshe Rabbeinu’s humility convinces him of the authenticity of the Torah. It is fair to compare Rav Ben Zion Abba Sha’ul to Moshe Rabbeinu in this regard. Rav Ben Zion’s humility was stunning. For example, Rav Ben Zion never pushed to advance to the role of rosh yeshiva of Porat Yosef and even declined the position when offered to him while his rebbe, Rav Yehuda Tzadka, remained alive. In addition, he declined to publish his sefarim until he became seriously ill (introduction to the first volume of Teshuvot Ohr L’Zion).

Chacham Ben Zion’s humility convinces me of his authenticity as a true gadol (great Torah leader). His dignified endurance of his long years of illness bears witness as well to his tremendous and authentic devotion to Hashem, Torah and his many students (who have in their own right continued to make a major and ongoing contribution to the Torah world). The Sephardic community rightfully takes enormous pride in Chacham Ben Tzion, who rightfully takes his place astride the great Sephardic poskim of his time—Rav Ovadia, Rav Eliyahu and Ribi Shalom.

[1] Rav Ben Zion made a number of highly memorable and well-received visits to the Syrian communities of Brooklyn, New York, and Deal, New Jersey, whose impact remains until today. For a vivid description of these visits, see http://communitym.com/article.asp?article_id=102378.

[2] Although Rav Ovadia rules that it is preferable to be strict about this matter.

[3] Another example of this influence is Rav Ben Zion following the Chazon Ish’s ruling regarding a larger shiur, despite the fact that this deviates from Sephardic tradition (introduction to Teshuvot Ohr L’Zion volume two).

[4] Rav Shalom Messas also did not agree with Rav Ovadia’s stringent approach to sheitels (Teshuvot Tevu’ot Shemesh Even HaEzer number 137). It seems that even the chareidi Sephardic community has not, for the most part, accepted this ruling. However, when speaking with Rav Shlomo Amar during his visit to Congregation Shaarei Orah in August 2017, he told me that although those who are lenient have upon that which to rely, he believes it is proper to follow Rav Ovadia’s ruling regarding this matter.

[5] For further discussion, see Teshuvot Yechave Da’at 2:40.

[6] At a family simcha I noticed Rav David Bouganim, a respected Sephardic rosh kollel in Bnei Brak, having a warm and heartfelt conversation with his non-observant niece who lives in Los Angeles. The niece also harbored enormous respect for her uncle. She remarked to me, “What a cool uncle I have!” regarding Rav Bouganim.

[7] Teshuvot Ohr L’Tzion 2:9:8.

By Rabbi Haim Jachter

Rabbi Haim Jachter is the spiritual leader of Congregation Shaarei Orah, the Sephardic Congregation of Teaneck. He also serves as a rebbe at Torah Academy of Bergen County and a dayan on the Beth Din of Elizabeth.