David Bar-Hayim

David Bar-Hayim (Hebrew: דוד חנוך יצחק ב"ר חיים,
born David Mandel on February 24, 1960) is an Israeli Orthodox rabbi
who heads the Shilo Institute (Machon Shilo), a Jerusalem-based
rabbinical court and institute of Jewish education dedicated to the
Torah of Israel.[1]
Contents
1 Biography
2 Rabbinic career
3 Halachic rulings and positions
4 References
5 External links
Biography[edit]
David Bar-Hayim

David Bar-Hayim was born in Sydney, Australia. After moving to Israel
in 1977, he initially studied in Yeshivat HaKotel, and subsequently in
Merkaz Harav Kook

Merkaz Harav Kook in Jerusalem. He studied under
Rabbi

Rabbi Moshe Zuriel,
and received rabbinic ordination from
Rabbi

Rabbi Yosef Kapach.
For a number of years, Bar-Hayim taught Talmud, Halakha, and Jewish
philosophy in Yeshivat Nahalath Tzvi.
Bar-Hayim lives in
Neve Daniel

Neve Daniel with his wife and eight children.
Rabbinic career[edit]
Bar Hayim lectures in the greater
Jerusalem

Jerusalem area and publishes
articles in English and Hebrew on various web sites.[2] Though he is
Orthodox, Bar-Hayim prefers the terms "Halakhic" or "Torah" Judaism,
explaining that the term "Orthodox" Judaism is flawed by its very
definition.[3]
Bar-Hayim has proposed the re-establishment of the customs of Israel,
religious observances and practices that reflect those of the
pre-exile Jewish communities in Israel, rather than those of Babylon
or Europe. For this purpose, he has published a prayer book intended
to reflect the original composition of early Israel, based upon the
Jerusalem

Jerusalem Talmud.[4]
Since 2001, Bar-Hayim has been working along with Machon HaYerushalmi
to publish a new and elucidated edition of the
Jerusalem

Jerusalem Talmud.
In 2006, Bar-Hayim founded the Shilo Institute for the research,
elucidation, and dissemination of the Torah of Israel.[5]
Bar-Hayim established the Beth HaVa'ad rabbinical court to focus on
actualizing the Torah of
Israel

Israel and serve as an address for gentiles,
particularly the growing Noahide community.[6]
Halachic rulings and positions[edit]
In light of the fact that
Israel

Israel is yet again a sovereign Jewish
state, with
Jerusalem

Jerusalem as its capital, Bar-Hayim has argued for
increased utilization of the
Jerusalem

Jerusalem
Talmud

Talmud which in his opinion in
regard to
Torat Eretz Yisrael and Minhagei Eretz Yisrael, contains
more lucid rulings[7] than the Babylonian
Talmud

Talmud which was given
supremacy in "exile-mode" Judaism.[3] This has led him to issue a
number of highly controversial[8] rulings, some of which are listed
below:
In a very controversial ruling,[9][10][11] Bar-Hayim has announced
that any Jew worldwide, regardless of origin, and despite the practice
of their forefathers, may eat kitniyot ("legumes") on
Passover,[12][13] as most
Sefardi Jews

Sefardi Jews do, for it is a practice
rejected as an unnecessary precaution by some Halachic authorities as
early as the time of its emergence.[14] This position has been widely
rejected by Rabbinic authorities, including Ovadia Yosef.[15]
When the first day of
Sukkot

Sukkot falls on Shabbat, Israeli Jews should
follow the
Mishna

Mishna and
Jerusalem

Jerusalem Talmud's ruling, and perform the lulav
ritual.[16]
Hallel should be recited on Israeli Independence Day.[17]
Stainless steel utensils do not absorb dairy or meat, and may
therefore just be washed with soap and water between dairy and meat
use.[18]
Bar-Hayim claims that the rulings of the
Shulchan Aruch

Shulchan Aruch were intended
as a resource and depiction of common practice in certain areas, and
that the author never intended that his rulings become compulsory for
Jewry.[19][20]
The size of an olive in Jewish law is roughly the size of an olive.
Those commentators who overestimated the size of the olive were
unfamiliar with olives for they had lived in lands which lacked
them.[21]
The process of conversion to Judaism should be one that welcomes
sincere converts and allows them the right to choose a rabbi and
community which they identify with.[22]
Jewish law requires one to follow the most convincing position which
is truest to the sources. One need not uphold a tradition which can be
shown to have been conceived in error.[23]
The common form of reclining on
Passover

Passover nowadays does not convey the
aristocratic nobility it was intended to, and may often defeat its
very purpose.[24]
The main purpose of
Torah study

Torah study is to create a holy nation that obeys
the law, and not merely withdrawn individuals seeking personal
gain.[25]
A blessing is to be recited when removing phylacteries.[26]
One may eat poultry followed by dairy without a waiting period.[27]
Torah sages can err, just as the
Sanhedrin

Sanhedrin could (Leviticus 4:13).[28]
Married women should wear a hair covering that is not a wig, since a
wig is an invalid form of head covering.[29] It is preferable for a
married Jewish woman to expose her hair than to don a wig, for the wig
actually increases attraction in the public domain and encourages the
notion that
Halakha is both irrational and intellectually
dishonest.[30]
One may change his nusach tefillah at any time, because the idea that
a Jew should not change his nusach tefillah and has to continue to
pray in the way of his forefathers is an invented Halacha of the galut
(diaspora,[31] "scattering, dispersion").[32][33][34]
References[edit]
^ "
Rabbi

Rabbi David Bar-Hayim". jewishpress.com/author/. JewishPress.com.
Retrieved 11 March 2015.
^ "
Rabbi

Rabbi David Bar-Hayim's Articles – OpEds".
israelnationalnews.com. Arutz Sheva. Retrieved 11 March 2015.
^ a b Zellman, Ariel. "Interview with
Rabbi

Rabbi David Bar-Hayim".
Blog.
^ Ezra. "Kotel is the Place to be Tuesday". kumah.org. Kumah, Inc.,
March 19, 2007. Retrieved 11 March 2015.
^ Webmaster. "Torah for Those Who Dare to Think". machonshilo.org.
Retrieved 2017-04-01.
^ "Machon Shilo".
^ Bar-Hayim, HaRav David. "Is the Halacha Based Exclusively on the
Talmud

Talmud Bavli? The Chafetz Chayim Did Not Think So". Machon Shilo.
Retrieved 29 June 2016.
^
https://www.vosizneias.com/31591/2009/05/12/jerusalem-the-israeli-controversial-gaon-that-is-raising-eyebrows-in-the-torah-world-exclusive-2-hour-interview-with-vin-news/
^
http://www.jpost.com/Jewish-World/Jewish-News/Head-of-Shilo-Institute-attacked-for-permitting-kitniyot-on-Pessah
^
https://www.vosizneias.com/31591/2009/05/12/jerusalem-the-israeli-controversial-gaon-that-is-raising-eyebrows-in-the-torah-world-exclusive-2-hour-interview-with-vin-news/
^
https://www.theyeshivaworld.com/news/headlines-breaking-stories/298273/kitniyos-a-false-attribution-a-response-to-rabbi-david-bar-hayim.html
^ Jeffay, Nathan (April 1, 2009). "Pesach
Kitniyot Rebels Roil Rabbis
As Some Ashkenazim Follow New, Permissive Ruling" (News, Community
News). The Forward Association, Inc. Retrieved 11 March 2015.
^ Ahren, Raphael (April 15, 2011). "Efrat rabbi tilts against Passover
food restrictions for Ashkenazi Jews" (Home – Weekend – Anglo
File). Haaretz Daily Newspaper Ltd. Retrieved March 11, 2015.
^ Tur, Orach Chaim 453
^
https://forward.com/news/104483/pesach-kitniyot-rebels-roil-rabbis-as-some-ashkena/
^ "The Misswa of
Lulav

Lulav on Shabbat". , (pdf)
^ Bar-Hayim, David. "Judaism: The Rebbe's Hallel – The Halachic
basis for Hallel on Independence Day". israelnationalnews.com. Arutz
Sheva – April 23, 2007. Retrieved 11 March 2015.
^ Tora Nation Machon Shilo (2014-02-08), Are All Pots Created Equal?
Stainless Steel & Kashrut- Interview with
Rabbi

Rabbi David Bar-Hayim,
retrieved 2017-03-21
^ Tora Nation Machon Shilo (2017-01-15), Did the Beit Yosef Claim that
His Halachic Decisions Were Binding?, retrieved 2017-03-22
^ Tora Nation Machon Shilo (2014-10-23), Did the Jewish People Accept
the Shulchan Aruch?- Interview with
Rabbi

Rabbi David Bar-Hayim, retrieved
2017-03-22
^ Tora Nation Machon Shilo (2013-03-18), Does A K'zayit Equal An
Olive?-Interview with Machon Shilo's
Rabbi

Rabbi David Bar-Hayim, retrieved
2017-03-22
^ Tora Nation Machon Shilo (2013-06-16), The Lonely Convert, The
Lonely Jew- Interview with
Rabbi

Rabbi David Bar-Hayim, retrieved
2017-03-22
^ Tora Nation Machon Shilo (2015-12-27), Halacha, Minhag, & How
Torah Works-Shiur at the
Jerusalem

Jerusalem Salon with
Rabbi

Rabbi David Bar-Hayim,
retrieved 2017-03-22
^ Tora Nation Machon Shilo (2014-04-10), To Recline Or Not To
Recline-That Is The Question- Interview with
Rabbi

Rabbi David Bar-Hayim,
retrieved 2017-03-22
^ Tora Nation Machon Shilo (2014-10-16), Is the Haredi Understanding
of the Purpose of Torah Study Flawed? Interview with R' David
Bar-Hayim-, retrieved 2017-03-22
^ "
Jerusalem

Jerusalem - The Israeli Controversial 'Gaon' That Is Raising
Eyebrows In The Torah World, Exclusive 2 Hour Interview With VIN
News". VosIzNeias. Retrieved 2017-03-22.
^ "Rambam's Response to the Inclusion of Chicken, Duck and Quail in
Qaraite Cuisine". seforim.blogspot.co.il. Retrieved 2017-03-22.
^ "Rabbis: '
Kitniyot rebellion' continues". Ynetnews. Retrieved
2017-03-22.
^ Tora Nation Machon Shilo (2016-02-06), Are Wigs Kosher? Interview
with Machon Shilo's
Rabbi

Rabbi David Bar-Hayim, retrieved 2017-03-23
^ Tora Nation Machon Shilo (2016-02-06), Are Wigs Kosher? Interview
with Machon Shilo's
Rabbi

Rabbi David Bar-Hayim, retrieved 2017-03-23
^ διασπορά. Liddell, Henry George; Scott, Robert; A
Greek–English Lexicon at the Perseus Project
^ Bar-Hayim, David. "Not Changing
Nusach Tefillah - An Invented
Halacha". Machon Shilo. Machon Shilo. Retrieved 4 October 2017.
^ Bar-Hayim, David. "What is the Proper
Nusach Tefillah?". Machon
Shilo. Machon Shilo. Retrieved 4 October 2017.
^ "Not Changing
Nusach Tefillah - An Invented Halacha- Interview with
Rabbi

Rabbi David Bar-Hayim". supermp3song.net. mp3xyz.co. Retrieved 4
October 2017.
External links[edit]
Shiloh Institute
Rabbi

Rabbi Bar Hayim – Who or what is Machon Shilo?
Siddur

Siddur Nusaḥ Ereṣ Yisrael – Minḥa, Birkat HaMazon, Tefil