It’s Time for Flexidoxy: 
A Passover Pandemic Teshuva 
(c) 2020 Rabbi Dr. Goldie Milgram, Will be updated to circumstances of 2021 

I have been asked a variety of questions concerning the pandemic and the Passover Seder. Here are two examples:

A woman from Seattle who has never had Passover away from her children and grandchildren wrote, “I am torn over what to do. Protect myself? Fly to them? Making a seder without them is inconceivable!?”

“Rabbi, I’m been planning to lead my family’s seder here at my home, but we’re 17 people, many are elders. Should I cancel the seder?” 

My answer to the questions above, built upon what I first spoke about during the SARS epidemic, was to share a principle in the Torah that has become known as Pesach Sheni, a second date to fulfill the rituals of Passover, if it is too dangerous to do so at the traditional time. 

Learning from the Wisdom of the Torah

The concept appears in the Torah portion called Bamidbar (Numbers), in Chapter 9 , when some people have become ritually impure due to having come into contact with dead bodies. They ask Moses what should they do about their Passover obligations as they aren’t ritually fit to do them. Moses tells them to stand by and wait to hear what YHVH (the Divine Name), has to say about the situation. The answer that comes from YHVH is to wait to the next month to fulfill their obligations, at the same time of day. An additional answer is given to a question not explicitly asked, that this guidance also applies to those who are far away. Both answers could seem to apply to this day as the text literally says— “whether among you or in future generations.” [Verse 10]

How rare and fascinating it is that in the Torah God directly answers the question being asked by those people; an answer that amounts to no, you are not to endanger people. The most holy name of God, Yud Hey Vav Hey, is made up of the forms of the verb To Be—Is, Was and Will Be. A way to understand this verbal name is to view God as the Infinite Potential for Change— the founder of what might be termed “flexidoxy,” is (or as?) revealed in this very section of Torah. 

There's a Mitzvah for Every Moment

Indeed, we learn that some mitzvot take precedence because among the primary precepts in Judaism are:

—פיקוח נפשpikuach nefesh (saving even one life) “One shall live by them [the laws and statutes] as described in Leviticus 18:5 and Ezekiel 20:11

For example, the Prophetess Miriam had to live outside the encampment for our seven days as described in Numbers Chapter 12 after developing a concerning skin discoloration צָרַעַת, tza'ra'at (which used to be erroneously translated as leprosy, which has been proven not to have existed at that time by epidemiologists with the recent agreement of most Biblical scholars).

 “I set life and death before you this day so “וּבָֽחַרְתָּ בַּֽחַיִּי—choose life.” Deuteronomy 30:19

The tradition also makes it clear that we are not to endanger our lives nor others’; as the Talmud teaches: “דִּינָא דְּמַלְכוּתָא דִּינָא —Dina d’malchuta dina—the law of the land is the law." The RAN on Nedarim 28a:5

And, equally so, for us during this pandemic. 

I hope to be received with grace for giving the following answer to those asking the questions about Seder during a pandemic: 

Consider cancelling your flights and put your “family and friends” seder on hold
until further information comes along closer to Pesach.

If you are staying where it’s possible to hold an in-house-occupants-seder only, you may be well-enough by the time Pesach arrives to make a seder on time where you are. While it is possible to hold a seder by oneself, if you aren't well, or, due to distance, or  if it won’t be fully Pesach for you without a full component of “family and friends," or if its unsafe for your organization or community to hold Pesach on time, then consider Pesach Sheni. This means scheduling your seder thirty days after the first Passover sederi. And IMHO, if still unsafe, go out even another thirty days later, etc. —be together only when it’s clearly safe for people to gather.

Eat pesadik—kosher for Passover to the extent that you can during the holiday week. Eat what you can find otherwise if supplies run low. Choose life! Protect yourself. 

If you use a computer on yuntif [a holy day] normally, or will now because of the pandemic, consider creating/attending a virtual seder with your family, or virtually with a community. Hillel taught, "Don't separate yourself from the community--al tifrosh min ha-tzibur--אַל תִּפְרֹשׁ מִן הַצִּבּוּר." Pirkei Avot 2:4 Isolation from others can lead to a dangerous depression, use a conference call or video conference if that's a fit for you.

If you don't use technology on Jewish holy days, for sure stay in touch on Hol HaMoed (the middle days of Pesach) and when it's not a holiday with friends, family and neighbors. Consider what I heard psychotherapist Dan Bloom teaches at the Gestalt Institute seminar, that for safety it's better that: "We touch with our words."

Travel only when it’s safe or essential. The mitzvot [pl] of shmirat haguf—watching over one’s body to keep it safe [Maimonides, Mishneh Torah, Hilkhot Deot 4:1 and  pikuach nefesh—saving a life—starting with your own—overcomes everything else. 

    There will be many more mitzvot [pl] to do during these times, such as by those who must continue to serve in healthcare settings, police and fire departments, rescue squads, soup kitchens, plumbers, electricians, Kosher Meals on Wheels, etc. Observing Pesach Sheni might be helpful for such individuals and their families, too. And, rather than have your housekeeper come in and possible unconsciously add more of the virus on your surfaces than gets taken off, pay the person, not to come, until its safe for them to —this kind of tzedakah combined with self care is so important. 

     The Biblical commentator Sforno (approx. 1475-d. 1550 CE) explains that the people  who had contact with the dead were essentially pointing out that they what they had been doing was a mitzvah, and asking if they must be penalized from fulfilling their Pesach obligations. Even so, the answer was to do it next month. Accordingly, the heroics of sneaking out to attend a seder against any curfews and other potential government rules can endanger many lives. Dina d'malchuta dina--the law of the land is the law.

An Additional Spiritual Perspective

For our times, I propose a way to observe the traditional date for Passover, if you can’t safely be at your family’s seder then, is to consider the sacrifices you are making by not planning on attending until a Seder Sheni, if need be. You can also explore the physical, emotional, intellectual, and spiritual impact of the other sacrifices you are being called upon to make to get the pandemic fully under control. 

As part of your Passover preparation practice for this year, perhaps share as part of a phone or videoconference support ritual with others, what it is that is hardest to give up? What are you giving up, we might say “offering up” in the spirit of YHVH, the Infinite Potential for Change, this Passover season that is worthy of the holy status of a Passover sacrifice, the קרבן פסח—korban pesach?

And, as with the reduction occurring in industrial and other pollution, physically, emotionally, intellectually, and spiritually, what are the פנימיות— penimiut, internality/ "silver lining" aspects to the sacrifices of this time?

May your way forward be blessed.

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Rabbi Dr. Goldie Milgram heads the non-profit Reclaiming Judaism. She is a Jewish educator, artist, author of Reclaiming Judaism as a Spiritual Practice: Shabbat and Holy Days, among many books and articles. She has long-taught Judaism and Bioethics for Jewish seminarians and in many other settings. 
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TORAH SOURCE: Bamidbar/Book of Numbers Chapter 9