Torah Tidbits Issue 1339 - 07/09/19

ISSUE 1339 SEP 7TH 2019

‫ז' אלול תשע"ט‬

‫פרשת שופטים‬

PARSHAT SHOFTIM

‫"שום תשים‬ "‫עליך מלך‬ ‫טו‬:‫דברים יז‬

NEIGHBORLY FEELINGS

by Rabbi Shalom Rosner see page 26

TORAH YERUSHALAYIM Learning and musical selichot

October 6th see page 36 for details

YERUSHALAYIM IN/OUT TIMES FOR SHABBAT PARSHAT SHOFTIM Candles 6:22PM Plag 5:39PM Havdala 7:33PM Rabeinu Tam 8:13PM

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WORD OF THE MONTH

ANI L'DODI V'DODI LI(Shir HaShirim 6:3) is well-known by its Rashei Teivot (initial letters) which spell ELUL. The phrase describes the mutual love between G-d and the People of Israel, which serves as a helpful basis of our Elul-time task of sincere repentance.

Two other phrases join ANI L'DODI in being appropriate for Elul....ET L'VAV'CHA V'ET L'VAV (zarecha) (D'varim 30:6) always read on the Shabbat before Rosh HaShana is perfect for T'shuva. Megila: U’MISHLO'ACH MANOT ISH L’REI-EIHU... Reminds us about interpersonal mitzvot, a strong idea for Elul when we tend to focus on ourselves. See too Yirmiyahu 12:15 & 31:33 2

TORAH TIDBITS / SHOFTIM 5779

CANDLE LIGHTING A N D H AV DA L A T I M ES

OTHER Z'MANIM JERUSALEM RANGES ARE 11 DAYS, WED-SHABBAT 4-14 ELUL • SEPTEMBER 4-14

CANDLES PLAG 6:22 5:39 6:39 5:41 6:38 5:40 6:37 5:39 6:39 5:40 6:38 5:40 6:39 5:40 6:36 5:40 6:39 5:40 6:22 5:40 6:38 5:39 6:28 5:40 6:37 5:38 6:37 5:41 6:37 5:39 6:37 5:39 6:39 5:41 6:38 5:40 6:27 5:38 6:35 5:37

SHOFTIM

HAVDALA KI TEITZEI Yerushalayim / Maale Adumim 7:33 6:13 5:31 7:24 Aza area (Netivot, S’deirot, Bet al) 7:35 6:30 5:33 7:26 Beit Shemesh / RBS 7:34 6:29 5:32 7:25 Gush Etzion 7:33 6:28 5:31 7:24 Raanana / Herzliya / Kfar Saba 7:35 6:29 5:33 7:26 Modi’in / Chashmona’im 7:34 6:29 5:32 7:25 Netanya 7:35 6:29 5:33 7:26 Be’er Sheva 7:34 6:27 5:33 7:25 Rehovot 7:35 6:29 5:33 7:25 Petach Tikva 7:35 6:13 5:32 7:25 Ginot Shomron 7:34 6:28 5:32 7:25 Haifa / Zichron 7:35 6:19 5:32 7:25 Gush Shiloh 7:33 6:28 5:31 7:24 Tel Aviv / Giv’at Shmuel 7:35 6:28 5:33 7:26 Giv’at Ze’ev 7:33 6:28 5:31 7:24 Chevron / Kiryat Arba 7:33 6:28 5:31 7:24 Ashkelon 7:36 6:30 5:34 7:26 Yad Binyamin 7:35 6:29 5:33 7:25 Tzfat / Bik’at HaYarden 7:33 6:17 5:30 7:23 Golan 7:32 6:26 5:29 7:22

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TABLE OF CONTENTS LEAD TIDBIT | PHIL CHERNOFSKY

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ALIYA BY ALIYA | Phil Chernofsky

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ANARCHY OR UTOPIA| Rabbi Dr. Tzvi Hersh Weinreb

20

THE ECOLOGICAL IMPERATIVE | Rabbi Lord Jonathan Sacks

24

PROBING THE PROPHETS | Rabbi Nachman Winkler 30 NEIGHBORLY FEELINGS | Rabbi Shalom Rosner 32 UP, UP AND AWAY | Rebbetzin Shira Smiles

34

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SHOFTIM: "RETURNING" | Rabbi Judah Mischel 46 SIMCHAT SHMUEL | Rabbi Sam Shor 48 ONCE LOVED, NOW REJECTED | Rabbi Aaron Goldscheider 50 DIVREI MENACHEM | Menachem Persoff

54

THE OU VEBBE REBBE | Rabbi Daniel Mann, Eretz Chemda

56

UNWITTING DAMAGE | Rabbi Gideon Weitzman, Machon Puah

58

MEDINA & HALACHA | Rabbi Shimshon Hakohen Nadel

60

PARSHAT SHOFTIM | Rabbi Berel Wein

64

ELUL - GIVE ME SHELTER | Rabbi Ephraim Sprecher

66

THE WAYS OF THE FATHERS | Rabbi Dr. Meir Tamari

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TORAH VEHA'ARETZ INSTITUTE | Rabbi Moshe Bloom 4

TORAH TIDBITS / SHOFTIM 5779

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LEAD TIDBIT

BY PHIL CHERNOFSKY

Editor Emeritus, Torah Tidbits

The Starting Point: Two of the 613 mitzvot - one of the 248 positive commands and one of the 365 prohibitions - are found in D’varim 17:11 You must keep the Torah as they teach it to you, and follow the laws that they legislate for you. Do not stray to the right or left from the word that they tell you.

TAASEH is the positive mitzva to follow the dictates of Sanhedrin.

LO TASUR is the companion prohibition of veering from what they tell us is halacha...

NEXT STEP: It is forbidden by Jewish Law to eat lamb chops that have been poached in milk from a cow.

Duh! Hopefully, you all will agree with the statement about lamb chops above.

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TORAH TIDBITS / SHOFTIM 5779

But who says so? The Written Torah only mentions cooking the young of an animal in its mother’s milk.

Who says that eating that which was cooked is prohibited?

And what about the fact that the milk in question is not from the mother of the lamb whose chops we are talking about?

It isn’t even from the same kind of animal.

In surveys I’ve taken over the years, most people have said that it was CHAZA’L (The Sages) who have extended the prohibition of kid in its mother’s milk to the meat of kosher domesticated animals with the milk of kosher domesticated animals. They also posit that the prohibition of eating that which is cooked is rabbinic legislation.

The fact is that CHAZA’L have taught us throughout the generations that Torah Law includes cooking, eating that which is cooked, and deriving benefit therefrom.

They have told us the Torah’s parameters of what animals and milk is included in the prohibition.

Well, isn’t that Rabbinic law? No it is NOT. It is Torah Law. The Written Word is inseparable from the Oral Law. Both are Torah.

But it is the Sages that have told us this.

Doesn’t that make it rabbinic?

No! And this is the point of this Lead Tidbit. EMUNAT CHACHAMIM means that we (should) have faith, belief, trust, confidence in the Chain of Tradition.

When the Talmud teaches us that something is Torah Law, we accept it as such. The Talmud also teaches us that which is rabbinically legislated. Chicken and milk is just one example.

SHOFTIM STATS 48th of the 54 sedras; 5th of 11 in D’varim Written on 191.6 lines (rank: 27) 18 Parshiyot; 3 open, 15 closed 97 p’sukim - rank: 36 - 7th in D’varim (tied with Tzav, but larger) 1523 words - rank: 28 - 7th in D’varim 5590 letters - rank: 31 - 7th in D’varim Relatively large p’sukim, like most of D’varim but an average-sized sedra

MITZVOT 41 mitzvot - 14 pos., 27 prohibitions; ranks 6th among the sedras, in mitzvot The top 6 mitzva-sedras contain 55% of the Torah’s mitzvot. (31 other sedras have the other 45%; 17 have none) OU ISRAEL CENTER

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ALIYA-BY-ALIYA SEDRA SUMMARY [P> X:Y (Z)] and [S> X:Y (Z)] indicate start of a parsha p’tucha or s’tuma. X:Y is Perek:Pasuk of the Parsha’s beginning; (Z) is the number of p’sukim in the parsha.

Numbers in [brackets] are the Mitzvacount of Sefer HaChinuch AND Rambam’s Sefer HaMitzvot. A=ASEI (positive mitzva); L=LAV (prohibition). X:Y is the perek and pasuk from which the mitzva comes.

KOHEN - FIRST ALIYA 18 P’SUKIM - 16:18-17:13 [S> 16:18 (3)] Judges to clarify the law (and try cases) and agents of the court to enforce the law are to be appointed throughout the Land [491, A176 16:18], and they are to carry out their duties fairly. They must not slant the law, nor show favoritism, nor take bribes which blind and pervert even the fairest and most righteous of people. Justice is to be ardently pursued so that we will be worthy of living and flourishing in Eretz Yisrael.

What if a judge was going to vote in favor of the briber, even without the bribe. Justice is still being served. Is the

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TORAH TIDBITS / SHOFTIM 5779

bribe any less a serious offense? The answer is NO. A bribe is a bribe. One leads to another, and justice will be perverted.

SDT: TZEDEK TZEDEK TIRDOF - Justice you shall surely pursue. The doubling of the word TZEDEK is usually considered a form of emphasis. But here, one commentator suggests that it can be seen as a reminder that not only shall justice be pursued, but the means employed in the pursuit of justice shall also be just. We should not subscribe to the concept that the end justifies the means. Perpetrating a mockery of justice and claiming that it is justice, is the greatest offense of all.

TZEDEK (B’)TZEDEK, justice with justice (you shall pursue)...

[S> 16:21 (2)] Planting trees in the courtyard of the Mikdash (or near the Mizbei’ach) is forbidden [492, L13 16:21] - it is an idolatrous practice. (This prohibition still applies today.)

Erecting monuments (as is done in idol worship) to G-d (even with “proper” motives) is forbidden [493, L11 16:22].

SDT:

Perversion of justice is juxtaposed to idolatry to emphasize how serious is the former sin. Pirkei Avot states that “the sword comes to the world because of perversion of justice... exile comes because of idolatry.” Both sins cause us to lose our hold on Eretz Yisrael.

And conversely, remaining faithful to G-d and dealing with each other with honesty and justice will secure us our hold on our Land. The Gemara states that “appointing inappropriate judges is tantamount to planting a tree near the Altar.” Planting a

tree in an attempt to beautify the Temple, is a completely misguided act. The beauty of the Beit HaMikdash flows from itself and its spiritual essence. To think that external decoration can contribute to the beauty is to lack understanding of what the Beit HaMikdash is. So too, to appoint a judge because of personal appearance, wealth, stature, etc. (and not because of scholarship and worthiness to judge) is equally â&#x20AC;&#x153;missing the pointâ&#x20AC;?.

[S> 17:1 (1)] Sacrificing blemished animals is forbidden [494, L95 17:1].

(Elsewhere the Torah enumerated types of blemishes, but the mitzva is counted here in Shoftim; the Gemara deals with the details.)

[S> 17:2 (6)] The Torah next stresses that idolatry is a most serious sin. If we find among us a fellow Jew who worships anyone (or thing) other than G-d, we must most scrupulously investigate the case against him (or her). If the person is convicted by the court, the punishment is death by stoning, thereby uprooting evil from our midst.

It is the eye-witness testimony of a minimum of two that shall be necessary to convict. No one can be sentenced to die (or be otherwise punished) by the testimony of only one witness. The witnesses themselves are often to be involved in the carrying out of the sentence.

[P> 17:8 (6)] The Torah next establishes the mechanism for the perpetuation of Judaism through the generations (by emphasizing, among other things, that if disputes arise or a halachic point needs clarification, that we are to consult the judges in our time) and the dynamic OU ISRAEL CENTER

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applicability of Halacha for all times (by giving the Sages the authority to enact laws for the protection of Torah and its proper observance).

We are required to do all that the Sanhedrin (the Supreme Halachic Authority) teaches and commands [495, A174 17:10]. We must not veer from their rulings “neither to the right nor to the left” [496, L312 17:11].

MitzvaWatch

Rambam’s Book of Mitzvot contains 14 “rules” by which Rambam counts the Torah’s 613 mitzvot. Rule #1 states that rabbinic mitzvot such as Chanuka and Purim shall not be counted among the Taryag. This might seem obvious, but Rambam feels compelled to state this rule in opposition to mitzva-counters who DID include some “rabbinic mitzvot” among Taryag.

Why would someone consider the postbiblical mitzvot of Chanuka and Purim as Torah law?

Similarly, why is it that the bracha for mitzvot, which states “...(G-d) Who has sanctified with his mitzvot and commanded us...” is also recited for 6 rabbinic commandments? (Shabbat & Yom Tov candles, Chanuka candles, Megilat Esther and the other Megilot, Netilat Yadayim, Hallel, and the three types of Eiruv.)

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TORAH TIDBITS / SHOFTIM 5779

The answer to both questions is based on the p’sukim towards the beginning of this week’s sedra which speak about the authority of the Sanhedrin - mitzvot 495 & 496 above. In essence, the Torah commands us to observe rabbinic law.

Therefore, it can be argued that rabbinic law IS Torah Law. It follows that one might consider counting Chanuka and Purim among the 613, and it makes sense to use the mitzva-bracha formula for Rabbinic mitzvot.

Rambam does not argue against this.

He insists, however, that we cannot possibly count Rabbinic mitzvot separately among the 613. This could lead to the untenable situation of having to re-adjust the mitzva count each time a Sanhedrin would make a new rabbinic mitzva. (Clarification: there are many, many Rabbinic laws - positives and prohibitions. Only these six - plus the mitzva of brachot - however, are accorded the status of Rabbinic Mitzvot.)

A Torah scholar with authority to render Halachic decisions who defies the Sanhedrin and encourages others to disregard their ruling, can (under certain circumstances) be liable to a death penalty. Such an individual is known as ZAKEN MAMREI and is ultimately judged by the Great Sanhedrin. This shall serve as a deterrent to the People not to behave similarly. The average Jew is not similarly subject to possible execution, but still is warned of the seriousness of flouting Rabbinic authority. [It is likely that there never actually was an individual who was executed as a Zaken Mamrei, yet the idea adds tremendous

weight to the seriousness of Rabbinic Law.] We might say that G-d’s Plan and his Torah included Rabbinic Law in the total picture of what He wants of us.

LEVI - SECOND ALIYA 7 P’SUKIM - 17:14-20 [S> 17:14 (7)] When the People will enter the Land, conquer it, and settle down, and they will ask for a king (like the nations around them - this phrase contains an implicit warning against asking for the wrong reasons), it is a mitzva to “place over us” a king (of G-d’s choosing) from among the Jewish People [497, A173 17:15]; we may not choose a non-Jew as king [498, L362 17:15]. The king must not possess too many horses [499, L363 17:16] (i.e. in excess of those necessary for his army, etc.) nor may he lead the People back to Egypt - it is forbidden for us to dwell in Egypt [500, L46 17:16]. (Visits are permitted.) A king may not have an excessive number of wives (more than 18) [501, L364 17:17], nor may he amass excessive wealth [502, L365 17:17]. (referring to wealth for its own sake; funds necessary for running the kingdom are excluded from the prohibition.)

A king must write a Sefer Torah for himself [503, A17 17:18] (in addition to the one he is commanded to write as a Jew - mitzva #613). This Torah is to be copied from THE Sefer Torah of the Beit HaMikdash (in or next to the Aron - there are differing opinions).

A king of Israel has awesome powers over his subjects. He therefore requires OU ISRAEL CENTER

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the “humbling force” and moral restraints of the Torah constantly before him. The Torah is his guide for proper rule. A king who is guided by Torah law and values is a great asset to the People of Israel. A king who isn’t, is our worst liability. (Just look into Tanach for our track record...)

SHLISHI - THIRD ALIYA 5 P’SUKIM - 18:1-5 [S> 18:1 (2)] Kohanim-Leviyim are not to receive land in Eretz Yisrael [504, L169 18:1] (other than the cities which are given to them by the Tribes) nor share in the spoils of war [505, L170 18:1] - their holy service in the Mikdash is considered their share.

[S> 18:3 (3)] (Among other gifts to the kohen,) the kohen is to receive specific parts of every animal slaughtered for food - the right forelimb, tongue and surrounding cheeks, stomach and surrounding fat [506, A143 18:3], T’ruma from produce [507, A126 18:4], and the first-shearing of the sheep [508, A144 18:4]. These gifts are due the kohen because of his sacred service.

Note: Whereas T’ruma and other gifts which are sacred, cannot be given at the present time because of issues of ritual impurity, both “gifts” [506] and Reishit HaGeiz [508] apply today and can be given. If this is practical issue for you, consult a Rav for details.

First shearing applies only in Eretz Yisrael, even though it is not related to the Land. This is learned from its partner in the pasuk, T’RUMA, and by the use of 12

TORAH TIDBITS / SHOFTIM 5779

the word REISHIT. First shearing can be given to a bat Kohein, as well as a male Kohein. If and when you own 5 sheep, check with your LOR about this mitzva.

R’VI’I - FOURTH ALIYA 8 P’SUKIM - 18:6-13 [S> 18:6 (3)] Kohanim and Leviyim are supposed to distribute their workloads at Holiday time equally among the different family units [509, A36 18:6].

[S> 18:9 (14)] Another warning follows, to be on guard against learning from and adopting any of the abominable practices of the nations that we will encounter in Eretz Yisrael. The implication here is that we must not “learn to do” the terrible things, but we may learn about them in order to understand their ways and to better instruct our fellow Jews in this area. (Tur Shulchan Aruch, based on the Gemara) On the practical side of this ruling, one should be very well established in his own Judaism before reading and learning about other world religions and pagan practices. Such a study should be done under the supervision of a proper mentor.

Shun the practices of passing one’s children through fire (a vivid example of a reprehensible pagan practice, counted elsewhere), divination and certain types of meditations meant to “read the future” [510, L3 18:10], astrological predictions (counted elsewhere; some other aspects of astrology are not halachically objectionable, but one must be careful), reliance on omens [counted

elsewhere], conjuring & witchcraft [511, L34 18:10], incantations [512, L35 18:10], mediums [513, L36 18:11], oracles [514, L37 18:11], and necromancy (seances, contacting the dead) [515, L38 18:11]. All the abovementioned practices - and there are different opinions as to exactly what each Torah-term refers to - pull a Jew away from his straightforward, “pure” relationship with G-d. We must strive for that direct, honest relationship.

These Black Arts can be seen as an alternative to prophecy, yet they are “unkosher” and must be shunned. How much more so when they are attempts to bypass or defy G-d.

CHAMISHI - 5TH ALIYA 22 P’SUKIM - 18:14-19:13 It is the other nations who listen to the practitioners of the occult arts. G-d did not make us so. We have prophets (like Moshe) who arise from our midst, and it is their prophecies to which we must hearken [516, A172 18:15].

This was part of the “deal” made with

G-d at Sinai, when we asked that we not hear G-d’s “voice” directly. G-d agreed with our request on the condition that we would listen to true prophets who would communicate to us what G-d asks of us. Anyone who does not listen to the Word of G-d through the prophet will be “answerable to Him”. But a prophet dares not speak in G-d’s name under false pretenses [517, L27 18:20], or speak in the name of an idolatry [518, L26 18:20].

How are we to know what is and what isn’t G-d’s word? A prophet must have a 100% “track record” - anything less is an indication of a false prophet. (Prophecies of bad things to befall the People can be reversed through sincere repentance and therefore do not cast doubt upon the prophet who “predicted” those events that ended up not happening.)

We must not be afraid to defy a false prophet and bring him to justice [519, L29 18:22].

Of course, we are not supposed to be afraid to do any mitzva in the Torah. In the case of a false prophet, we are often dealing with a charismatic individual who might have a very large following. Defying OU ISRAEL CENTER

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him might be a very unpopular thing to do (or even dangerous). The Torah is bolstering our resolve to rid ourselves of false prophets by commanding us not to be afraid.

Perhaps we can draw from this mitzva a lesson to apply to all mitzvot.

Do not be afraid to keep the Shabbat, be kosher, daven Mincha, avoid Lashon HaRa, etc. etc. etc. even when doing so will meet with the scoffing of others.

Adhere to halacha and don’t be afraid or embarrassed to do so. Sometimes the Torah has to tell us something once and we can learn to apply the same idea where it fits well.

[S> 19:1 (10)] When matters are settled in Eretz Yisrael, we are required to designate another three cities of refuge [520, A182 19:3]. Roads to the cities are to be prepared and identified so that a killer can easily find refuge. The cities will protect the inadvertent killer from the blood-avenging relative of the victim.

If (when) we will merit expansion of our Land, another three cities will be selected. This is to avoid unnecessary bloodshed.

[P> 19:11 (3)] An intentional murderer also flees to a city of refuge, but is removed therefrom to stand trial. We must not ignore these situations - and those concerning assault [521, L279 19:13], so that we will thereby eliminate

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TORAH TIDBITS / SHOFTIM 5779

the shedding of innocent blood and merit a good life.

Rashi raises an interesting argument against capital punishment, which he rejects. On the words, Do not have pity on him (the killer), Rashi says, don’t say that the victim is dead anyway, why should we take another life and then there will be two people dead. The implication is clear that despite that argument, capital punishment stands.

(One can be opposed to capital punishment in today’s today’s society without it being considered clashing with the Torah.)

We don’t, at the moment, have a Sanhedrin, we don’t have a complete Torah society, we don’t have the same rules of evidence that might give us the confidence in a death sentence.

On the other hand, there is the statement about a Beit Din that executes a person once in seven years - some say, once in 70 years, that it is a “murderous Beit Din”. The Torah, so to speak, commands capital punishment but expects it to be meted out exceedingly sparingly.)

SHISHI - SIXTH ALIYA 17 P’SUKIM - 19:14-20:9 [S> 19:14 (1)] One may not encroach

upon another’s territory [522, L246 19:14].

This literally refers to the prohibition of moving a boundary-marker between your land and your neighbor’s thereby stealing some of his property. Although stealing is already forbidden (and counted among the 613), this prohibition comes to emphasize the seriousness of stealing land, ‘dafka’ in Eretz Yisrael.

This prohibition extends to other forms of encroachment, e.g. unfair competition that steals someone’s business. There is often a fine line between “healthy” competition and one encroaching on the other’s territory. Each situation needs to be examined on its own merits.

[S> 19:15 (7)] It is forbidden to render judgments (in most cases) based on the testimony of a single witness [523, L288 19:15]; a minimum of two witnesses is required. (Sometimes, what only one person says will point the judges in a certain direction, but not as formal testimony. So too, what someone who is invalid as an official witness says, can point the judges in the direction of the truth.)

If false witnesses shall plot to victimize the accused (and their plot is uncovered in a specific way and at a specific point in the trial) they are to be punished in the manner that they plotted against their fellow [524, A180 19:19].

This topic is known as EIDIM ZOM’MIM - plotting witnesses. It is a subset of false witnesses that differs from regular false witnesses in several interesting and sometimes enigmatic ways.

For example, if witnesses plot to falsify their testimony PLANNING that OU ISRAEL CENTER

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their victim will be executed, then their punishment is execution. However, if their plot succeeds and the one whom they testified against is executed, then they are not executed. Only if their plot is revealed in one specific way before it “succeeds”, can they be put to death.

Remember that G-d is the backup Judge whenever something “slips by” our application of justice. So even when something seems unfair or illogical, remember that before Him all is fair and all is logical.

[S> 20:1 (9)] When we go out to battle our enemies and see their horses and vehicles, armaments, etc. and we might tend to panic... we are forbidden to be afraid, because G-d is on our side [525, L58 20:1,3].

A kohein is anointed as chaplain (sort of) and delivers the pre-battle speech to the potential army [526, A191 20:3]. He and the Shot’rim speak to the people and send home those that have recently built a house, become engaged to marry, and/ or planted a vineyard. (In all three cases, the point is that each pursuit is as yet “unfinished”. Such a person faces serious distraction from the goals of battle.) They

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also dismissed from service someone who fears that he has insufficient merit to survive battle. (This is one of several ways of looking at this topic.)

It is important to point out that these “exemptions” from army service apply to Milchemet R’shut, an optional war - not to Milchemet Mitzva. For the obligatory war, a Chatan is taken from his Chupa (and the yeshiva boy from the Beit Midrash). It is reasonable (and also a sad reality) to argue that in the situation that Israel finds itself today, surrounded by sworn enemies (and being pressured by its friends with their own agendas), that we are in a state of Milchemet Mitzva. This is a hotly debated issue in our very own time.

SH’VII - SEVENTH ALIYA 20 P’SUKIM - 20:10-21:19 [S> 20:10 (9)] Before attacking an enemy city, an offer of peace must be sent [527, A190 20:10]. (This applies to all enemies including Amalek! - but not to Amon and Moav.) It is conditional upon the acceptance of the 7 Noahide Laws and other restrictions. If these terms are

not met, we attack and destroy the male population. Female captives and spoils of war may be taken, except for the “Seven nations” [528, L49 20:16]. These nations are to be totally eradicated at G-d’s command, in order to eliminate their evil influence.

[S> 20:19 (2)] When laying siege to a city, care must be taken not to destroy fruit trees [529, L57 20:19]. Only shade trees may be cut down so that siege equipment may be built. This prohibition of BAL TASHCHIT is expanded by Chazal to include many types of wanton wastefulness.

[P> 21:1 (9)] If a corpse is found in a field, and it is not known who has committed the murder, measurements are made to determine the nearest town. The elders of that town perform a ceremony which includes killing a calf [530, A181 21:1] to emphasize the senselessness of bloodshed. The area where the ceremony is performed may never be planted nor worked [531, L309 21:4]. The elders proclaim that they are not responsible for the loss of life. The whole procedure has a sobering effect on all involved, and hopefully there is sincere mending of ways and atonement granted by G-d because all the People now take “life” more seriously. The mitzva is known as EGLA ARUFA. Last 3 p’sukim are repeated for the Maftir.

HAFTARA - 24 P’SUKIM YESHAYAHU 51:12-52:12 4th of the 7 haftarot of consolation.

(Even though we skipped the third, which OU ISRAEL CENTER

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we will read next week, added on to the 5th haftara.) The predominant message of the haftara is that G-d has a special relationship with the People of Israel (an appropriate reminder for the beginning of Elul) and that we have nothing to be afraid of, because the end to difficult times is coming. This can be summed up by the end of the famous saying (song) of Rabbi Nachman - “And the essential thing is not to be afraid at all.”

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RABBI DR. TZVI HERSH WEINREB THE PERSON IN BY OU Executive Vice President, Emeritus THE PARSHA

“Anarchy or Utopia?”

W

ho would you consult if you wanted to know a thing or two about the perfect society?

Would you ask a politician? A professor of government? A philosopher expert in theories of utopia? Or perhaps a historian familiar with successful societies across the ages?

Would it even occur to you to ask an entomologist, a scientist who studies insect life? But it is precisely such a person whom the Bible suggests we consult if we want to learn a thing or two about the ideal society. In fact, it is the wisest man in the Bible, King Solomon, who suggests that we observe insect life. I refer to the following passage in the book of Proverbs: “Lazy bones, go to the ant; Study its ways and learn.

Without leaders, officers, or rulers, it lays up its stores during the summer, Gathers in its food at the harvest.”

(Proverbs 6:6-8) Already in antiquity men observed colonies of mere ants and noticed how remarkably efficient they were. Today, we would attribute that efficiency to the power of instinct. But those of us who retain a sense of the wondrous ways of

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nature are impressed by the complexity of tasks that ant colonies perform, without an instruction manual, without training, and, above all, without leaders.

The Midrash, in the Torah portion of Shoftim which we read this Shabbat, is not only in awe of the complexity of the ants’ tasks, but is astonished at the moral lesson which we can learn from this lowly creature: “Behold the ethical behavior of the ants as it avoids theft. Said Rabbi Simon ben Chalafta: ‘I once observed an ant who dropped a kernel of wheat, which then rolled down the ant hill. All the ants came, one by one, and sniffed it. No ant dared take it, until the one who dropped it came and took it for herself. Behold the wisdom of the ant, which is to be praised, for it did not receive instruction from any other creature, and has neither judges nor policeman.” (Deuteronomy Rabba, Shoftim, 3.)

There are many ways to understand the verse in Proverbs and the Midrashic passage just quoted, and each time I personally encounter these texts, I understand them differently. But this year, I found myself fascinated by the possibility that King Solomon and Rabbi Simon ben Chalafta ask us to take a glimpse of what a perfect society might look like.

It would be a society that had no leadership hierarchy and in which all

were truly equal. It would be a society in which everyone contributed to the extent that he could, and would, do so diligently and industriously. Furthermore, it would be a society in which each individual respected the other and would not dream of taking something which belonged to someone else.

In short, it would be an efficient society and an ethical one. And it would have no leader, no need for judges, no necessity for policemen to assure that crimes were not committed.

This week’s Torah portion describes a society which is far from that ideal. It opens with the command that we “appoint magistrates and officials…who shall govern the people and do justice.” The Torah insists upon a judicial system and personnel to enforce its laws. It speaks of a judicial hierarchy with lower courts consulting higher ones. It speaks of a king. It describes a military system and outlines the roles of priests, sergeants, and generals. It describes a system of government which is comprised of several different institutions, each with its own set of responsibilities and privileges.

This week’s Torah portion leaves us with the following question: is it the ideal society that is being described herein, or do the systems elaborated upon in this parsha reflect the Torah’s concessions to human frailty? Perhaps the long list of laws that comprise this week’s parsha is a response to the tragic fact that real societies do not resemble the utopian ideal and, therefore, require judges and policemen, overseers and enforcers, kings and generals.

Taking the latter approach and OU ISRAEL CENTER

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understanding that the royal, military, and judicial institutions described in detail in this week’s Torah portion are necessary because mankind is not perfect, enable us to understand a puzzle which confronts every careful reader of this week’s text.

For, you see, there is one passage in our parsha which just doesn’t seem to fit. It is the subject of chapter 19, in which the children of Israel are commanded set aside three cities to serve as sanctuaries for a person who was guilty of killing another unwittingly. How does this unspeakable calamity, unintentional manslaughter, fit into the rubric of the other passages of this week’s Torah portion which deal with institutions of government?

This is a question asked by numerous commentators, beginning with Abraham

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ibn Ezra in the early Middle Ages, and including Obadiah Sforno who lived in Renaissance Italy, the Safed Kabbalist Moshe Alshich, and the German Jewish 20th century scholar David Tzvi Hoffman.

I recently came across an answer to this question which appeals to me. It is offered by a contemporary Rabbi, Yehuda Shaviv, whose work on the weekly Torah portion, MiSinai Ba, I have referred to previously in this column.

He suggests that the passage describing in detail how to treat an unintentional murderer illustrates the simple human lesson that accidents will happen. “It would be wonderful indeed,” writes Rabbi Shaviv, “if people would never blunder or err, and could control all of their actions rationally and with great caution. But

our Torah relates to human beings in all of their frailties and faults, and gives us ways of coping and rectifying those shortcomings.”

To me, the difference between the harmonious social organization which characterizes the colony of ants versus human groups which require intricate systems of control and management is the difference between creatures guided by instinct versus humans blessed by free will. It is the very freedom that we as humans enjoy that compels us to be on guard against evil in all of its forms.

The lesson of this week’s parsha is that human beings require external controls in the form of law, systems of justice and enforcement, kings and political leaders, and even militias and generals. King Solomon’s call to us to witness the ants is really his invitation to us to envision an ideal society, but one which is nearly impossible to achieve given the human condition.

Until that ideal is achieved, we are well advised to study all that the Torah has to say about safeguards against human faults. Parshat Shofitm provides excellent examples of the Torah’s lessons in this regard. It recognizes the reality of crime, dishonesty, and violence. It even copes with inevitable unintentional violence.

Anarchy must be avoided, but utopia is not realistic. The Torah is designed to help us deal with the realities of existence, which are typically far from ideal. Nevertheless, the Torah holds open the possibility that a utopia might one day emerge. After all, if the ants can achieve an efficient and ethical society, why can’t we?”

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on the Weekly Parsha from COVENANT & Thoughts RABBI LORD JONATHAN SACKS Former Chief Rabbi of England CONVERSATION

‫לעילוי נשמות‬ ‫פנחס בן יעקב אשר וגולדה בת ישראל דוד אייז ע״ה‬ ‫עזריאל בן אריה לייב ומעניה בת יצחק שרטר ע״ה‬

The Ecological Imperative

I

n the course of setting out the laws of war, the Torah adds a seemingly minor detail that became the basis of a much wider field of human responsibility, and is of major consequence today. The passage concerns a military campaign that involves laying siege to a city: When you lay siege to a city for a long time, fighting against it to capture it, do not destroy its trees by putting an axe to them, because you can eat their fruit. Do not cut them down. Are the trees people, that you should besiege them? However, you may cut down trees that you know are not fruit trees and use them to build siege works until the city at war with you falls. (Deut.

20:19–20) War is, the Torah implies, inevitably destructive. That is why Judaism’s highest value is peace. Nonetheless, there is a difference between necessary and needless destruction. Trees are a source of wood for siege works. But some trees, those that bear fruit, are also a source of food. Therefore, do not destroy them. Do

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not needlessly deprive yourself and others of a productive resource. Do not engage in a “scorched earth” tactic in the course of war.

The Sages, though, saw in this command something more than a detail in the laws of war. They saw it as a binyan av, a specific example of a more general principle. They called this the rule of bal tashchit, the prohibition against needless destruction of any kind. This is how Maimonides summarises it: “Not only does this apply to trees, but also whoever breaks vessels or tears garments, destroys a building, blocks a wellspring of water, or destructively wastes food, transgresses the command of bal tashchit.” This is the halachic basis of an ethic of ecological responsibility.

What determines whether a biblical command is to be taken restrictively or expansively? Why did the Sages take this seemingly minor law to build out a wide halachic field? What led the Sages in the direction they took?

The simplest answer lies in the word “Torah”. It means law. But it also means: teaching, instruction, direction, guidance.

The Torah is a lawbook like no other, because it includes not only laws but also narratives, genealogies, history, and song.

Law as the Torah conceives it is embedded in a larger universe of meanings. Those meanings help us understand the context and purpose of any given law.

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So it is here. First and foremost is the fact that the earth is not ours. It belongs to its Creator, to God Himself. That is the point of the first chapter of the Torah: “In the beginning, God created…” He made it; therefore He is entitled to lay down the conditions within which we live in it as His guests.

The logic of this is immediately played out in the story of the very first humans.

In Genesis 1 God commands humanity: “Fill the earth and subdue it. Rule over the fish in the sea and the birds in the sky and over every living creature that moves on the ground” (1:28). “Subdue” and “rule” are verbs of dominance. In Genesis 2, however, the text uses two quite different verbs. God placed the first man in the Garden “to serve it [le’ovdah] and guard it [leshomrah]” (2:15). These belong to the language of responsibility. The first term, le’ovdah, tells us that humanity is not just the master but also the servant of nature.

The second, leshomrah, is the term used in later biblical legislation to specify the responsibilities of one who undertakes to guard something that is not their own.

How are we to understand this tension between the two opening chapters?

Quite simply: Genesis 1 tells us about creation and nature, the reality mapped by the natural sciences. It speaks about humanity as the biological species, Homo sapiens. What is distinctive about humans as a species is precisely our godlike powers of dominating nature and exercising control of the forces that shape the physical world. This is a matter of fact, not value, and it has increased 26

TORAH TIDBITS / SHOFTIM 5779

exponentially throughout the relatively short period of human civilisation. As John F. Kennedy put it in his inaugural presidential address: “Man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life.” Power is morally neutral. It can be used to heal or wound, build or destroy.

Genesis 2, by contrast, is about morality and responsibility. It tells us about the moral limits of power. Not everything we can do may we do. We have the power but not the permission; we have the ability but not the right. The earth is not ours.

It belongs to God who made it. Therefore we are not the owners of nature but its custodians. We are here to serve it and care for it.

This explains the story that immediately follows, about Adam, Eve, the serpent, and the forbidden fruit. What the fruit was, why the serpent spoke, and what was the nature of the first sin – all these are secondary. The primary point the Torah is making is that, even in paradise, there are limits. There is forbidden fruit.

Not everything we can do may we do.

Few moral principles have been forgotten more often and more disastrously. The record of human intervention in the natural order is marked by devastation on a massive scale. Within a thousand years, the first human inhabitants of America had travelled from the Arctic north to the southernmost tip of Patagonia, making their way through two continents and, on the way, destroying most of the large mammal species then extant, among

them mammoths, mastodons, tapirs, camels, horses, lions, cheetahs, and bears.

When the first British colonists arrived in New Zealand in the early nineteenth century, bats were the only native land mammals they found. They discovered, however, traces of a large, ostrich-like bird the Maoris called “moa.” Eventually skeletons of a dozen species of this animal came to light, ranging from three to ten feet high. The remains of some twentyeight other species have been found, among them flightless ducks, coots, and geese together with pelicans, swans, ravens, and eagles. Animals that have not had to face human predators before are easy game, and the Maoris must have found them a relatively effortless source of food.

A similar pattern can be traced almost everywhere human beings have set foot. They have consistently been more mindful of the ability to “subdue” and “rule” than of the responsibility to “serve” and “guard.” An ancient Midrash sums this up, in a way that deeply resonates with contemporary ecological awareness: When God made Adam, He showed him the panoply of creation and said to him: “See all My works, how beautiful they are. All I have made, I have made for you. Take care, therefore, that you do not destroy My world, for if you do, there will be no one left to mend what you have destroyed.”

Environmental responsibility seems to be one of the principles underlying the three great commands of periodic rest: Shabbat, the Sabbatical year, and the OU ISRAEL CENTER

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Jubilee year. On Shabbat all agricultural work is forbidden, “so that your ox and your donkey may rest” (Ex. 23:12). It sets a limit to our intervention in nature and the pursuit of economic growth. We remind ourselves that we are creations, not just creators. For six days the earth is handed over to us and our labours, but on the seventh we may perform no “work,” namely, any act that alters the state of something for human purposes.

Shabbat is thus a weekly reminder of the integrity of nature and the limits of human striving.

What Shabbat does for humans and animals, the Sabbatical and Jubilee years do for the land. The earth too is entitled to its periodic rest. The Torah warns that if the Israelites do not respect this, they will suffer exile: “Then shall the

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land make up for its Sabbatical years throughout the time that it is desolate and you are in the land of your enemies; then shall the land rest and make up for its Sabbath years” (Lev. 26:34). Behind this are two concerns. One is environmental.

As Maimonides points out, land which is overexploited eventually erodes and loses its fertility. The Israelites were therefore commanded to conserve the soil by giving it periodic fallow years, not pursuing short-term gain at the cost of long-term desolation. The second, no less significant, is theological: “The land,” says God, “is Mine; you are but strangers and temporary residents with Me” (Lev. 25:23). We are guests on earth.

Another set of commands is directed against over-interference with nature.

The Torah forbids cross breeding livestock, planting a field with mixed seeds, and wearing a garment of mixed wool and linen. These rules are called chukim or “statutes.” Samson Raphael Hirsch (Germany, 1808–1888) in the nineteenth century, like Nachmanides six centuries earlier, understood chukim to be laws that respect the integrity of nature. They represent the principle that “the same regard which you show to man you must also demonstrate to every lower creature, to the earth which bears and sustains all, and to the world of plants and animals.” They are a kind of social justice applied to the natural world: “They ask you to regard all living things as God’s property. Destroy none; abuse none; waste nothing; employ all things wisely.... Look upon all creatures as servants in the household of creation.”

So it was no accident that Jewish law interpreted the prohibition against cutting down fruit-bearing trees in the course of war as an instance of a more general prohibition against needless destruction, and more generally still, against acts that deplete earth’s nonrenewable resources, or damage the ecosystem, or lead to the extinction of species.

Václav Havel made a fundamental point in The Art of the Impossible: “I believe that we have little chance of averting an environmental catastrophe unless we recognise that we are not the masters of Being, but only a part of Being.” That is why a religious vision is so important, reminding us that we are not owners of our resources. They belong not to us but to the Eternal and eternity.

Hence we may not needlessly destroy. If that applies even in war, how much more so in times of peace. “The earth is the Lord’s and all that is in it” (Ps. 24:1). We are its guardians, on behalf of its Creator, for the sake of future generations.

Covenant and Conversation 5779 is kindly supported by the Maurice Wohl Charitable Foundation in memory of Maurice and Vivienne Wohl z”l.

These weekly teachings from Rabbi Sacks are part of the ‘Covenant & Conversation’ series on the weekly Torah reading.

Read more on www.rabbisacks.org.

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RABBI NACHMAN (NEIL) WINKLER PROBING BY Faculty, OU Israel Center THE PROPHETS l

T

he two prakim from which this week’s haftara is taken, 51 and 52 of Sefer Yishayahu, continue the overarching theme of consolation that fills the final 27 chapters of the book. Interestingly, however, the navi approaches that theme in two different ways, sharing with the grieving nation two reasons to be comforted after their tragic loss. The opening part of our haftara returns to the idea initially expressed in the first haftara of consolation: that Israel can be assured that her suffering is at an end, for G-d has punished her fully for her sins. After describing the nation’s suffering as unprecedented, and, therefore, comfort seemingly impossible, Yishayahu reminds them that, “Anochi, Anochi Hu m’nachemchem,” that it is Hashem Himself, the very One who punished them, Who will be consoling them. Accordingly, the prophet goes on to remind them of G-d’s wonders and miracles, about His limitless power, and therefore, His ability to console and comfort - an ability that only He has.

The second perek strikes a different mood entirely. Here, Yishayahu calls to the city of Yerushalayim to “awaken” (Uri, Uri) and “shake off the dust” (Hitna’ari mei’afar), to cease mourning and regret and, in effect, to become a “partner” with G-d in the redemptive process. The nation should no longer be a passive

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entity that simply awaits redemption.

Rather, she must show her confidence in G-d’s promises and “shake off the dust” of mourning, “awakening” to a new day and preparing for her future.

Never in all of history did any people ever survive being exiled?

In commenting on the transition of the navi’s visions from Galut to Geula, the Ibn Ezra insists that the prophetic message of the navi also transitions from addressing the immediate post-churban community to one meant to address future generations. The second nevu’a is meant to be more than consolation from the catastrophic loss, consolation that was so necessary for the churban generation, but also a comforting message directed for those living in the distant future, people for whom the destruction of the Temple would be a memory passed down to them but who, suffering in their own time, would be thirsting for hope and for a reason to go forward.

This approach of the Ibn Ezra helps us to understand one of the “secrets” Yishayahu left for the Jewish nation regarding how to survive the long years in the Diaspora and yet to retain our identity as a separate and unique nation. After all, we stand today as

a people that speaks the same language that it spoke 3500 years ago, practices the same religion that it did then and lives in the same land as well. How is it that we managed such a thing after being exiled from our land when never in all of history did any people ever survive being exiled?

Yishayahu tells us why in this haftara.

For a nation to endure a prolonged exile and yet to retain its identity it must exist in different eras simultaneously. It must live in the present, while remembering the past and dreaming of its future. Yet, a people who are frozen by their past and not inspired by it or one that looks to the future while ignoring the past, such a nation cannot long survive.

Yishayahu called to past generations to believe in Hashem’s promises and to use them as inspiration and hope for the future. Certainly, a generation who has seen the prophecies of Yishayahu come to pass - prophecies that teach: “And desolate cities will be settled” (Ch. 54) and “Your destroyed cities will yet be too small to contain its inhabitants” (49) or “Your children shall return from faraway lands” (60) - from such a generation Hashem has the rightful expectation that they believe what they see each day with their own eyes and to praise Him for it!

It is this reality that we must think of when the reader pronounces the posthaftara blessings and says: “Ham’daber um’kayem - shkol d’varav emet vatzedek” - Hashem to keeps His word for all of His promises are true and just!

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RABBI SHALOM Kehilla, Nofei HaShemesh ROSNER Rav Maggid Shiur, Daf Yomi, OU.org

Neighborly Feelings

P

rior to going off to war, the Kohen would exempt certain individuals from battle and allow them to return home. In particular, the Torah exempts those who recently (i) built a home, (ii) planted a vineyard or (iii) married, and have not yet had the opportunity to enjoy their home, vineyard, or wife, respectively.

The reason behind this exemption seems to be that it will be difficult for an individual that has a new home, vineyard or wife to focus on the battlefield. He cannot be successful in battle when ‫חצי גופו נשאר בביתו‬ [Language of Rav Menachem Habavli Mitzvah 342]. However, if one looks closely at these pesukim (Devarim 20:57), it appears that there is a superfluous phrase, repeated three times. At the end of each of these pesukim, we are told that these individuals may return home lest they be killed “v’ish acher yikachena” – and another individual will enjoy the fruits of your labor, his house or his wife.

What is the Torah trying to emphasize?

He shouldn’t go to war, because he cannot concentrate properly! What does that have to do with the other fellow?

Rashi posits that this phrase highlights

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the agmas nefesh that one would encounter knowing that another individual reaps the benefits of my hard work. What is Rashi driving at? Rav Raphael Pelcovitz (TableTalk) suggests an answer, based on a story that happened in Brisk. There was a shochet who approached Rav Simcha Zelig, the chief dayan of Brisk, with a question about a particular cow that he had slaughtered.

He wasn’t sure if it was a treifa or not. The dayan inspected the cow and determined that it was treif. The butcher, being a yerei shamayim, disposed of the cow, notwithstanding the loss of more than six hundred rubles. Three weeks later, the same butcher appeared before the beis din in connection with a dispute that he had with a customer. It involved a miniscule sum of ruble. Reb Simcha Zelig ruled against the butcher again.

This time, the butcher was furious and embarrassed Reb Simcha Zelig by cursing him in front of all those in the court. Reb Chaim Soloveichik, who was also present, demanded that the butcher leave at once, for embarrassing the Dayan.

Following the commotion, Reb Simcha Zelig turned to Reb Chaim, and says, “Three weeks ago, I ruled his cow was treif and he did not express any regret with having to dispose of a cow worth six hundred rubles. Now, he loses a small sum and gets so agitated? I don’t

understand?!”

Reb Chaim explained - in the first case, with respect to a determination of whether or not the cow was kosher, there was a loss to the butcher, but no one else gained from his loss! However, in the second case, not only did the butcher lose, but the customer won. It hurt the butcher more knowing that he had to pay someone who he felt did not deserve the money. He would rather throw out a larger sum of money than have to pay another whom he felt was undeserving.

We often see similar behavior by young children. As long as nobody gets a treat, then it is acceptable. But if I lose and someone else wins, that’s unbearable.

That’s agmas nefesh, what Rashi is trying to teach us.

Returning now to our original question.

Rav Pelcovitz explains: The Torah is reflecting the psyche of the average person. As one falls in battle, it is this realization in his last moments which pains him the most. Not only will he not enjoy his new home, his vineyard or his bride, but someone else will! Hashem, in his infinite wisdom, knows that such is the nature of man, and the Torah therefore commands us to spare him the greatest of all heartbreaks. Such a person is excused from battle for God understands the frailty of man, and demonstrates his compassion by excusing these men from army service. It is best for us to try to overcome this feeling and to not be bothered by another’s gain. Everyone gets exactly what is in store for them, and we have to do what we can to be mesamech b’chelkainu.

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REBBETZIN SHIRA SMILES Faculty, OU Israel Center

Up, Up and Away

T

he month of Elul is unique in that it has the most acronyms associated with it. The most famous of these is Ani Ledodi Vedodi Li in which the essence of the month is expressed as emotionally connecting to Hashem. The final letters in each word is the ‘yud’ whose numerical value is 10. This alludes to the 40 days that Moshe Rabbeinu ascended Har Sinai to gain forgiveness for Am Yisrael, culminating with Yom Kippur. These 40 days have become profoundly imprinted in our lives as days of teshuvah and intense emotional connection with Hashem.

Rabbi Pinchas Friedman in Sheveli Pinchas offers another unusual acronym

for Elul: ‫ ;אחת למעלה ושבע למטה‬one up and seven down. This well-known phrase taken from the Yom Kippur liturgy describes the service of the Kohen Gadol as he sprinkled the blood of his korban in the Kodesh Kodashim. On a simple level, this acronym reminds us of our goal during the month of Elul -- to reach total expiation of sin on Yom Kippur. It is essential, as our GPS reminds us, to have our destination clearly visible before beginning the journey.

“The purpose of the Kohen Gadol’s avodah was to infuse every person with the power to succeed; to enable the “one” sole service of Hashem to prevail.”

On a deeper level, “one up and seven down” hints at the fundamental work necessary to accomplish our goal of teshuvah. The Rama, in Torat Haolah, notes that ‘one’ refers to the yetzer tov, and ‘seven’ refers to the seven names of the yetzer hara. By mentioning ‘achat’, ‘one’, with each sprinkling, the Kohen Gadol is teaching us to keep our yetzer tov dominant over the seven aspects of evil that try to pull us down.

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TORAH TIDBITS / SHOFTIM 5779

The Bnei Yissachar understands the dynamics of ‘one’ and ‘seven’ on a more personal level. Parashat Shoftim is always read as the month of Elul begins.

The opening passuk enjoins us to place judges and officers at our gates. This can also be a reference to each person’s own seven major gates – our two eye, two ears, two nostrils, and one mouth-- through which we interact with the world around us. Our job is to ensure that the ‘one’ seichel controls these gates and dictates what we allow ourselves to see, hear, say, and smell (which includes that which incenses and provokes us). The purpose of the Kohen Gadol’s avodah was to infuse every person with the power to succeed; to enable the “one” sole service of Hashem to prevail.

As we enter the month of Elul, we are reminded that our task is to have the One at the forefront of our minds. When we have this awareness of “Ani Ledodi” we can take the ‘one’ of our seichel and work to best utilize our ‘seven’ gates to serve Hashem.

Mazal Tov

Miriam & Jerry Bass on the bar mitzvah of their grandson Elyashiv Nebenzahl

Mazal Tov

to Shelley & Yehuda Dayag and family on the birth of a grandson OU ISRAEL CENTER

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SCHEDULE NOTES

SUNDAY • '` mei

MONDAY • 'a mei

4 Shabbat Shiur 5:00pm

Sep 8th • lel` 'g

Sep 9th • lel` 'h

Rabbi Aaron Ziegler

9:00am • T'hilim Rabbi David Walk

In the Ganchrow Beit Midrash...

10:00am - L'Ayla Mrs. Sylvie Schatz Yonah: The Limits of the Human Condition

9:15am Mrs. Pearl Borow Book(let) of Zecharia

Shoftim - September 7th

10:00am Rabbi Jeff Bienenfeld Studying KETUVOT This shiur is in tribute to Rabbi Fred Hollander z"l Sun thru Thu • 11:15am RCA DAF YOMI Rotating Magidei Shiur The Daf Yomi shiur is in tribute to Rabbi Yitzchak Botwinick z"l 4:30pm

Rabbi Aharon Adler Haftara of the week

11:15am Rabbi Yitzchak Breitowitz Wisdom for Life - Mishlei 12:00 noon

Rabbi Chaim Eisen KUZARI 2:00pm Rabbi Ephraim Sprecher Elul - Keeps Hope Alive! www.rabbisprecher.com

Rabbi Hillel Ruvel Gemara Shiur Masechet GITTIN

Rabbi Mordechai Machlis

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Mommy & Me with Jackie 10:30am

Rabbi A. Goldscheider Teachings of Rav Kook 11:30am Rabbi Shmuel Herschler Halacha & Reason

11:30am Exercise with Sura Faecher 1:45pm Rebbitzen Pearl Borow

Women in Tanach 2:45pm Rabbi Zev Leff VIDEO 2pm see bottom next page 3:30pm Phil Chernofsky Mishna, Mitzvot, & more 3:00pm - Welcome Back!

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TUESDAY • 'b mei

Sep 10th • lel` 'i 9:00am Rabbi Yitzchak Breitowitz Minchat Chinuch

WEDNESDAY • 'c

mei

Sep 4th & 11th Resumes IYH in October

Mrs. Shira Smiles

10:30am • L'Ayla

Sep 4th - 10:15am Rabbi Alan Kimche

Torah Tapestries Mrs. Shprintzee Rappaport

Kohelet resumes Sep 24th Rabbi Sholom Gold 10:30am Rabbi David Walk Parshat HaShavua 11:30am Rabbi Aharon Ziegler Modern Halachic Topics 11:30am Rabbi Ian Pear Law & Order 11:30am T'hilim Group (women)

VIDEO 2pm see bottom this page 12:15pm Rabbi Nachman Winkler History is HIS Story 1:45pm Dr. Deborah Polster Resumes after the Chagim

3:00pm Knitting Club

Sep 5th & 12th

(unless otherwise indicated) (unless otherwise indicated)

Rabbi Shmuel Goldin 9:15am Rabbi Azarya Berzon

9:15am L'ayla

THURSDAY • 'd mei

Rabbi Anthony Manning Resumes Sep 11th NEW CLASS - 11:30am Rabbi Alan Kimche Great Jewish Thinkers

Call to verify Rabbi Ari Kahn Parshat HaShavua 10:10am Rabbi Baruch Taub Thursday the Rabbi Gave His Drasha 11:30am Rabbi Shai Finkelstein

Unlocking the messages in Chazal

2:00pm No Sep 4th, YES 11th

12:00pm Rabbi Shmuel Herschler Book of Melachim 2:00pm Rabbi Ephraim Sprecher

Rebbetzin Pearl Borow The transmission of Torah via Pirkei Avot Chumash with Meforshim

Current Events in the Sedra & Haftara Thank you to Yehuda Lave for helping to make the shiur a reality

7:00pm Rabbi Yonatan Kolatch Topics in Parshanut

8:00pm Rabbi Avrum Kowalsky The Book of Amos

VIDEO 2pm see bottom this page

7:00pm Rabbi Chaim Eisen Meaning and Mission of the Chosen People 8:00pm -Living a Joyful Judaism Rabbi Maimon

See below for OU Israel Jewish video program schedule

Mon, Sept 9 - 2:00 - Main Hall - The Story of the Jews (2014) - First time showing Tues, Sept 10 - 2:00 - Main Hall - The Best of the Danny Kaye Show (1963) - First time showing 1¼h Wed, Sept 11 - 2:00 - Main Hall - DOUBLE FEATURE - Out of Spain - Jerusalem Which Was In Sepharad (1992) - Brilliant documentary on Sephardi Jewry; Part 8 (last part)(total - 2 hours) Special thanks to Roberta I. Cohen for buying this multi-part documentary for the Center OU ISRAEL CENTER

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TORAH TIDBITS / SHOFTIM 5779

Available online, at the OU Israel Center and at local Jewish bookstores.

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RABBI JUDAH MISCHEL OU NCSY Mashpia

Shoftim: “Returning” with Rav Yechezkel Sarna, zt’l

T

oward the end of the life of the Chevroner Rosh Yeshiva, Rav Yechezkel Sarna, zt’l, when he was physically frail and suffering from illness, he nonetheless made an extraordinary effort to join the Yeshivah for Maariv on Motzei Shabbos. As the Rosh Yeshiva mounted the stairs heading to the Beis Medrash, he heard that the Bochurim had already finished davening. To the surprise of those who saw him, Rav Yechezkel continued climbing the stairs, struggling mightily with each step.

Some wondered aloud why he was burdening himself in this way when davening was already over. The Rosh Yeshivah smiled and explained: “You’re right in reasoning that Tefilah b’Tzibur, davening with a Minyan, is d’Rabbanan, a Rabbinic Mitzvah, not a Mitzvah explicitly specified in the Torah. And even more so, you could argue that Ma’ariv was originally considered in the category of Reshus,

46

TORAH TIDBITS / SHOFTIM 5779

optional observance. However, wishing the Talmidim a Gutta Voch is a fulfilment of V’Ahavtah l’Rey’achah Kamochah, ‘Love others as yourself,’ and that is a Mitzvah d’Oraita, a Mitzvah from the Torah!” (Sefer Marbitzei Torah u’Mussar)

“Shavim is in the present tense; it is not Shavu, ‘returned’, in the past tense.

This teaches us that one must always see oneself in a state of ‘returning’.”

Rav Yechezkel’s message, shared over 50 years ago, is as relevant as ever.

Central to his Elul Shmuessen and Sichos Mussar (talks published in Sefer Dalios Yechezkel) is the task of improving our observance of Mitzvos and behaviors Bein Adam l’Chaveiro, in our relationships with others. Indeed, this is essential to Teshuvah.

A close student of the Rosh Yeshivah and one of the generation’s most respected Ba’alei Eitza in his own right, Rav Shlomo Hoffman zt’l, shared a message of encouragement he heard from Rav Yechezkel regarding Teshuva and growth for these days of Elul: “The Rosh Yeshiva would constantly

encourage us to be persistent and patient in our Avodas Hashem. Improving a character trait even slightly can take 80 years of consistent effort. But the main thing is the effort! Young people want everything ‘instantly’. But it takes a lifetime to get to know our Yeitzer, to become aware of our internal systems, motivators, fears and drives. The main thing is to be in the category of what Chazal refer to as Shavim, those who are “returning” (Yoma, 85b).

“Yom haKipurim Mechapeir laShavim b’Teshuvah, ‘Yom Kippur atones for those who are returning in Teshuvah.’ Shavim is in the present tense; it is not Shavu, ‘returned’, in the past tense. This teaches us that one must always see oneself in a state of ‘returning’. And even if it takes a lifetime, as long as we are trying, Chazal assure us that we will reach atonement.”

This Shabbos marks the Yahrtzeit of Rav Yechezkel zt’l (d. 1969), a Talmid Muvhak of the Alter of Slabodka, and a contemporary Ba’al Mussar. The approach of Slabodka emphasizes Mentchlichkeit, human dignity and respect for others.

A genius in Torah and builder of people, Rav Yechezkel was the embodiment of this approach and of recognizing and drawing out Gadlus ha’Adam, the great potential of mankind created in the Divine Image.

May we live with Rav Yechezkel’s message, and continue to prepare for the New Year by increasing our care and concern for others. May we know that with our efforts in Teshuvah we are counted among the Shavim, and b’Ezer Hashem we will certainly achieve our goals.

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SIMCHAT SHMUEL SAM SHOR SHOFTIM RABBI Program Director, OU Israel Center

“

Shoftim V’Shotrim Titein Lecha B’Chol Shaarecha- Judges and officers shall you place at all your gateways...”

Our sedra opens with an apparent clear directive to establish a system of law and order, both officers to ensure the security of our community, and judges to oversee that justice is indeed enforced. However, the Chasidic Masters see great symbolism in this opening verse.

“If one would only realize that all our capabilities and strength, all bracha that comes into our lives, is indeed a gift from Hakadosh Baruch Hu, then of course we will use those gifts to elevate ourselves, and to elevate our surroundings” Rabbi Tzvi Elimelech of Dinov, the Bnei Yissascher zy’a, suggests that the words bchol shaarecha- all your gateways. is alluding to the seven openings in a person’s face- two eyes, two ears, two nostrils and our mouths. It is through these openings that most of our senses are manifest and 48

TORAH TIDBITS / SHOFTIM 5779

activated. Our verse explains the Bnai Yissascher is teaching us the importance of safeguarding and protecting how we use each of our senses-what images we might look at, what type of speech we might choose to listen to, what foods we might smell and taste, how we use our capacity to speak-each of these senses can be used for great good, or can be misused for harm.

The Netivot Shalom, the Slonimer Rebbe zy’a, points out that Parshat Shoftim is always read during the month of Elul. Elul is the time of year when we make every effort to elevate our spiritual awareness and conduct, and therefore our pasuk is reminding us that we must utilize all our senses and capabilities to accomplish this goal of growth and self improvement.

The Chidushei haRim, the first Gerrer Rebbe zy’a, adds that the pasuk continues Shoftim V’Shotrim Titein Lecha B’Chol Shaarecha-asher Hashem Elokecha Notein Lecha - if one would only realize that all our capabilities and strength, all bracha that comes into our lives, is indeed a gift from Hakadosh Baruch Hu, then of course we will use those gifts to elevate ourselves, and to elevate our surroundings.

May each of us to be blessed to embody these beautiful ideas, and reach great heights in our Avodat Hashem

OU ISRAEL CENTER

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RABBI AARON EDITOR, TORAH TIDBITS GOLDSCHEIDER

Once Loved, Now Rejected

“

You shall not erect for yourself a matzevah (stone pillar) which the Lord your God detests” (Devarim 16:22).

A seemingly obscure law. The Torah teaches that the structure known as a matzevah (stone pillar), cannot be used when worshiping of God. Rather, service to God must be performed using only a mizbeach (altar).

The composite nature of the mizbeach which consists of many stones represents the blending of the many ideas and ideals to form one cohesive nation. Every Jew must operate within the framework of the Torah and the commandments but each of us does so in a unique way.

Rashi raises the following question: Is it not the case that our forefathers 50

TORAH TIDBITS / SHOFTIM 5779

erected a matzevah? How then could the Torah suddenly consider it loathsome in the eyes of the Almighty?

Rashi answers: “Although it was once beloved by God during the days of the Patriarchs, now He hated it because these (Canaanites) adopted it for idolatry” (Rashi, Devarim 16:22).

In other words, the Divine attitude changed based on the fact that the matzevah (stone pillar) became part of idolatrous worship.

Rav Avraham Yitzchak Hakohen Kook zt”l saw a significant spiritual lesson in the paradigm shift from matzevah to mizbeach. His interpretation is based on the difference between the two structures: The earlier matzevah consisted of a single stone, while the mizbeach was built of many stones (Talmud Yerushalmi, Avodah Zarah 4:4).

A single stone is symbolic of a single approach to serving God. During the days of the Avot, the Patriarchs, this singular relationship was proper. Each of the forefathers served God in their own unique way: Avraham exemplified the middah, characteristic, of ‘love’, Yitzchak - ’fear’, Yaakov - ‘truth’. Each epitomized and modeled their own individualized definition of Judaism to their followers.

A mizbeach which consists of many stones, on the other hand, symbolizes the idea that God can be reached via a

multiplicity of paths. With the giving of the Torah, God now desired that the Jewish people serve Him through a symphony of ideas. No longer is God to be reached through one exclusive path. True unity of the nation of Israel will be achieved precisely through a healthy diversity. Reverting back to the old ways that only tolerates one path is repudiated. Diversity of opinions and allowing each individual to find their path within the construct of the Torah and mitzvot brings the greatest glory to the Almighty. (Sichot HaRav Zvi Yehuda, Sefer Devarim p. 275 and Midbar Shor, pp. 74-76). ‫"וכן הוא רצון ה’ יתברך שכל אחד ואחד יעסוק בתורה‬ ‫ומצות לפי מדתו רק שיתאחד עם הכלל וילך על פי דרך‬ ‫ בזה יתגדל ויתקדש‬,‫וכולם יתכוונו לשם שמים‬...‫התורה‬ ‫ על כן רצונו דוקא במזבח של הרבה‬.‫שמו הגדול ברוך הוא‬ ,‫ הדרוש התשיעי‬,‫אבנים שכולן מתחברות יחד (מדבר שור‬ ".)‫עמוד עד‬ This unique understanding presented

by Rav Kook can help us unlock the meaning of a puzzling episode in which Moshe engages in building both a mizbeach and a matzevah. At the giving of the Torah, Moshe actually erects twelve separate matzevot, and one mizbeach at the foot of the mountain: “...he rose early in the morning and built a mizbeach at the foot of the mountain, and twelve matzevot, for the twelve tribes of Israel’ (Sh’mot 24:4).

Moshe had just seen Israel act as one saying, “All the words that Hashem has spoken, we will do” (24:3). It, therefore, seems inappropriate to choose this exact moment to remind them that they were divided up into twelve tribes.

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Apparently, this was precisely the message Moshe wished to convey. Each tribe exhibited a different strength and skill. One group excelled as teachers of Torah, one was successful in commerce, one led in battle etc.. Each tribe, and each person for that matter, must be lauded and admired for their unique contribution. Along with the twelve matzevot Moshe builds one mizbeach.

The composite nature of the mizbeach which consists of many stones represents the blending of the many ideas and ideals to form one cohesive nation. Every Jew must operate within the framework of the Torah and the commandments but each of us does so in a unique way.

Moshe, at this momentous occasion, portrayed an essential message utilizing the symbolism contained in these two structures.

As the Jewish people took their first steps after being freed from the bondage of Egypt, the Holy One Blessed Be He, split the sea. Numerous commentators agree that the sea split into twelve paths so that each tribe could cross the sea

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TORAH TIDBITS / SHOFTIM 5779

independently of the others (Ibn Ezra, Sh’mot 14:29, Pirkie DeRebbe Eliezer chap. 41). Why was it so important for each tribe to cross independently? Apparently the Almighty had never wanted us to be one and the same. There is a critical lesson here regarding the importance of preserving diversity within the Jewish people. Rebbe Nachman of Bresolov taught that each tribe prayed their own distinctive supplication which opened up twelve unique pathways in the sea (Likutey Moharan Lesson #9). Some have commented on this beautiful Breslov teaching suggesting that the twelve windows that are traditionally placed in the structure of a synagogue reminds us of the numerous paths that can be accessed in serving Hashem.

Taking a birds eye view of Parshat Shoftim, Rav Kook identified four leadership roles found within the nation: Melech (king), Shofet (judge), Kohen (priest), and Navi (prophet). Rav Kook would say, “Take the first letter, the rashei tevot, of each of these four personalities who are representatives of the entire nation and one will note that it spells out the word Mishkan (Tabernacle).” “‫”משכן‬. This teaches us that when the various dimensions of the nation work in tandem with one another the result is that the presence of God dwells among us (Sichot HaRav Zvi Yehuda, Sefer Devarim, p.283).

The multiplicity and range within our people fosters abundant blessings. We become the beneficiaries of this blessing when we wholeheartedly honor and admire each sector of our nation and every individual within Klal Yisrael.

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DIVREI BY MENACHEM PERSOFF Special Projects Consultant, MENACHEM OU Israel Center

R

abbi Uziel Milevsky posed an interesting question concerning this verse in our Parsha: “You shall appoint judges (Shoftim) and guards (Shotrim) in all your gates…and they shall judge the nation with justice” (Devarim 16:18). Since the act of judging applies only to judges, why does the Torah imply that the Shotrim are also the judges of the people?

On face value, one would expect the answer to run as follows: The police officers responsible for enforcing the law should also use their judgment when doing so. That is a reasonable interpretation, and we can easily conceive of situations where the “guardians” of the law have exceeded their bounds.

The rabbi, however, explains that necessarily the same judge who sets down the law must also be the protector of the law. This notion is especially true when the dry law releases the defendant from liability when, in essence, from a moral perspective, the individual on trial (or society) has what to learn from the case.

That is true of indirect damages, such as when a defendant locked the gate and people took alternative routes and slipped off the ledge. The judge is then inclined

to impose a punishment as a deterrent to others (and the authorities) to take more care. Our judges are, therefore, educators; consequently, the Shofet and the Shoter are the same. Legal expertise alone is not what makes the Jewish judge: His sense of righteousness (Tzeddek) and desire to protect society according to Torah law define his true status in our judicial system.

A Tremendous Kol HaKavod to

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55

FROM THE VIRTUAL DESK OF THE

RAV DANIEL MANN

OU VEBBE REBBE

Eretz Hemdah Institue

Excluding a Son from Inheritance Question: Are there sins that would cause a son to automatically lose his share?

If a father is angry at a son, is he allowed to use a device to disinherit him?

Answer: It is unclear whether this question is theoretical or practical. In any case, our answer is general.

The Torah laws of inheritance are set monetary rights that are not affected by the righteousness or sins of inheritors.

In that way, it resembles the fact that the Torah does not confiscate a sinner’s property. On the other hand, a person is capable of taking steps during his lifetime to effectively obviate inheritance laws. See our survey of some details in Living the Halachic Process IV, I-9.

The main question is whether it is proper to exclude an inheritor due to his moral level.

Rashbag (Bava Batra 133b) says that it is a positive thing for a father to transfer his assets to others if his sons act improperly.

However, the gemara concludes that others disagree and cites Shmuel’s statement that it is wrong to transfer one’s property even from a “bad son” to a “good son.” Shmuel goes beyond Rashbag, as presented. He rejects not only giving to a non-inheritor but even to one son at the expense of another and states that neither the badness of one inheritor nor the goodness of another is a satisfactory reason. The Shulchan Aruch (CM282:1) paskens like Shmuel.

There is discussion as to whether this rule is a Torah-level law (difficult), a Rabbinic binding law, or Rabbinical guidance (see S’dei Chemed, vo. IV, p. 27). One reason given for it is that we cannot know what will be with the offspring down the line (Ketubot 53a). The Tur (Choshen Mishpat 282) gives another reason – it causes jealousy and ill-feeling within the family.

These are apparently not the primary reasons behind the halacha but the secondary ones, as we will explain. On the basic level, the Torah says that the proper thing is to give as the Torah prescribes

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TORAH TIDBITS / SHOFTIM 5779

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The Orthodox Union - via its website - fields questions of all types in areas of kashrut, Jewish law and values. Some of them are answered by Eretz Hemdah, the Institute for Advanced Jewish Studies, Jerusalem, headed by Rav Yosef Carmel and Rav Moshe Ehrenreich, founded by HaRav Shaul Yisraeli zt”l, to prepare rabbanim and dayanim to serve the National Religious community in Israel and abroad. Ask the Rabbi is a joint venture of the OU, Yerushalayim Network, Eretz Hemdah... and OU Israel’s Torah Tidbits.

(Aruch Hashulchan, CM 282:2). Inheritance is one of the tools of Divine Providence as to a person’s financial resources. A person may ask: “If I can halachically and (ostensibly) morally devise systems that seem more equitable in this specific case than Hashem’s general system, shouldn’t I do that?” The answers are: you cannot know what is truly equitable, as Hashem knows what will happen down the line, and you do not; you have to consider the negative of your plan (i.e., jealousy).

Poskim discuss different cases where it is arguable that the indications for “playing favorites” may be compelling. There is a machloket whether the halacha applies to one whose behavior and the way he raises his children is antithetical to Torah Judaism (see Pitchei Choshen, Yerusha 4:(4)). It is not simple if one must give a full inheritance to one who mistreats his parents (Rambam, Nachalot 6:11 seems to indicate that he should still receive) or tried to oust his siblings from inheritance (see S’dei Chemed, IV p. 34). There is also a machloket if he can keep everyone as an inheritor and only give more to one than to another (see Rashbam, Bava Batra ibid.; Sdei Chemed, IV p. 33). While the Rambam (ibid. 13) urges to give children equal financial treatment throughout life and the gemara (Ketubot 53a) indicates that large gifts to one of the children during

his lifetime could be wrong, one must put things in perspective. One may use his money during to his lifetime for any reasonable need, desire, or mitzva cause, as long as it is not exaggerated in a way that fundamentally alters inheritance (see our column, Mishpatim 5779). Therefore, a parent may give somewhat more to some children based on need. He can also earmark money in a way that benefits those with similar values to the parents (e.g., pay for grandchildren’s day school education), and if a child chooses not to take advantage of such resources (e.g., sends to public school) that is his decision.

To summarize a general answer on a sensitive family issue, we urge to listen to this halacha’s “voice”: “Don’t be holy; be smart”; “Don’t try to ‘outsmart’ the Torah.”

Having a dispute?

For a Din Torah in English or Hebrew contact ‘Eretz Hemdah - Gazit’ Rabbinical Court: 077215-8-215 • fax: (02) 537-9626 beitdin@eretzhemdah.org

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57

Puah for Fertility and RABBI GIDEON Machon Gynecology in Accordance with Halacha WEITZMAN

The Expert Doctor

L

ast time we saw that someone acting according to the Beit Din’s instructions cannot be held responsible if their actions caused unfortunate harm or death. However if the Beit Din’s emissary was overly zealous and caused damage he is held responsible. That which lies outside of the Beit Din’s jurisdiction is the personal responsibility of the perpetrator.

We saw that the same logic can be applied to medical treatment; when normative and accepted practice is administered then the doctor is not held liable for any unfortunate outcomes.

But when the doctor treats using experimental and untried methods such as gene therapy they are responsible for the unwanted outcomes and detrimental side-effects of the treatment.

A possible source for this is the way the doctor is described in the Tosefta; the doctor is called an expert who is licensed

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by the Beit Din, and it is this doctor who is permitted to practice medicine and is exempt from punishment even if the patient dies. A major factor is the doctor’s expertise and this is what enables the doctor to practice medicine.

Medical expertise in Talmudic times was limited to medical experience; doctors were trained as apprentices to other, more experienced practitioners.

The only way to achieve any expertise in medicine was to observe how the older doctor worked. This practice continued for centuries and even millennia.

Only in 1768 did Louis XV abolished apprenticeship as the sole training for surgeons and then medicine and medical training become more of a science and less of an art.

As such for the doctor to be an expert in Talmudic times, and for many subsequent centuries, one had to have seen another doctor practice medicine and learn from them. Therefore the definition of expertise is experience; the doctor who follows convention and standard practice is not held responsible for inadvertently causing damage, even serious damage including those resulting

in a fatality. But the doctor cannot be termed an expert if they try something new that they did not previously observe. They may be permitted to try it and their experimentation may lead to innovation and successfully conquering new frontiers, but they will be held liable for any damage that they cause.

When dealing with new technologies, such as gene therapy, the halacha does not necessarily limit their use but does hold the doctor responsible for any outcome.

This is a unique way of looking at legislation regarding scientific research.

But there are other considerations when discussing gene therapy.

More on that next week.

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MEDINA & RABBI SHIMSHON HAKOHEN NADEL HALACHA BY Mara D'atra, Kehilat Zichron Yosef, Har Nof

Parshat Shoftim: The King’s Two Torah Scrolls

I

n Parashat Shoftim, we find many mitzvot directed to the King of Israel.

Among them is the mitzvah to write a Torah: “And it shall be, when he sits upon the throne of his kingdom, he shall write for himself a copy of this Torah in a scroll, out of that which is before the priests, the Levites. And it shall be with him, and he shall read therein all the days of his life; that he may learn to fear Hashem his G-d, to keep all the words of this Torah and these statutes, to do them; so that his

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heart be not lifted up above his brethren, and that he turn not aside from the commandment, to the right hand, or to the left; to the end that he may prolong his days in his kingdom, he and his children, in the midst of Israel” (Devarim 17:18-20).

Rashi, based on Sanhedrin 21b, explains that in fact the King is to write two Torah scrolls. This is implied by the word mishneh - double. One copy is to accompany him at all times. The other is left in his treasury. (Rambam, based on the Talmud, rules that if the King inherited a Torah scroll, he need only write one).

But why two Torah scrolls? And why keep one hidden away in the King’s treasury?

As the leader of the Jewish People, the King needs a Torah by his side. Not just a political leader, the King looks to

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the Torah for counsel. He guides his flock with its sage advice. According to the Ramban, this Torah keeps him humble. The King binds it to his arm and constantly refers to it. It is always with him. The Mishnah (Sanhedrin 2:4) states: “ …When he goes to war - he brings it with him, when he returns - it returns with him, when he sits in judgment - it sits with him, when he sits down to eat it sits with him…”

No, we cannot “cut the Torah to make it fit the cover.”

This Torah is constantly ‘in use.’ It represents how Torah informs our daily lives. It is a Torah that responds to the challenges of the modern world. A Torah which exists not just in ‘theory,’ but rather in practice. It is ‘applied Torah.’

The King of Israel has to be able to roll his sleeves up and address the real needs of the people (See, for example, Berachot 4a).

But the danger in working ‘down in the trenches,’ is that one may be tempted to make accommodations or concessions; to modify or adapt the Torah to fit his needs, or the needs of his people.

This is why the King needs the second Torah.

This second Torah, which symbolically sits in his treasury unused, represents the unbending principles that never change; the tried and true tradition that does not accommodate, nor

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is modified. This Torah that is left in the King’s treasury, pristine and untouched; unsullied by the rigors of ‘practical application.’ The King returns to it, and it guides him as well. It ensures that his ‘day to day Torah’ is in consonance with the ‘eternal Law.’ It ensures that he remains true to the Mesorah.

Historically, the Jewish People did have Torah scroll, which were kept for the purpose of preserving a pristine Mesorah. According to the Midrash (Devarim Rabbah 9:9), before his death, Moshe Rabbeinu wrote thirteen Torah scrolls, one for each of the twelve tribes, and one to be placed in the Holy Ark. Should someone later come along and try to make any changes to our holy Torah, they would be able to take out and examine Moshe’s own Torah, written by his own holy hand. Similarly, the Mishnah (Mo’ed Katan 3:4 ) refers to a Sefer Ezra, or Sefer Azarah, which was kept in the Holy Temple and used to correct all the other Torah Scrolls (see Rashi to Mo’ed Katan 18b, s.v. afilu b’Sefer Ezra).

A story is told about a Shul that needed a new Torah scroll. The best sofer who could be found was commissioned to do the work. When it came time to find a me’il, or cover for the Torah, the synagogue’s Board of Directors met and decided to hold a contest. Local artists would submit their designs, and the best cover would be chosen. The winning entry had a beautifully embroidered picture of Jerusalem: Gold, silver, copper,

crimson, red, blue,white and purple were skilfully used. It was magnificent.

But when it came time to put the cover on the scroll, the cover was too small. Oy! Now what? The Board of Directors met again and decided that unfortunately it cannot be used. The artist who made the cover was not about to see his hard work be for naught. He asked, “Can’t we just cut the Torah to make it fit the cover?”

In reality there are not ‘two Torahs,’ but one. We engage the modern world, but we do so with the age-old principles of our Torah. No, we cannot “cut the Torah to make it fit the cover.” We respond to the needs of our community and its individuals with great sensitivity, but remain solid and steadfast in our commitment to Torah values.

This message is especially relevant when navigating the choppy waters and challenges of the State of Israel. The King’s two Torah scrolls remind us that our tradition, our Mesorah, is our guide, our compass, in navigating the challenges of this ever-changing, modern world.

Please join us for a Shiur in memory of Danny Frei ‫הי’’ד‬ ‫שיעור לזכר דני פריי‬ Zichronot: The Meaning of Memory

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OU ISRAEL CENTER

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RABBI BEREL WEIN

Parshat Shoftim

T

he reading of this week deals with a basic human temptation and almost universal failing – corruption. Though the Torah speaks of actual physical and financial graft it certainly implies a broader message to not only to those in the judiciary but to others in positions of power. The Torah recognizes that human beings, by their very nature, have biases and prejudices.

Some of these seem to be almost inborn while others are acquired because of life experiences, educational instruction and societal norms.

“When you have three people you will automatically hear different points of view and a fairer result will emerge.”

Students of human nature have long debated which traits are inborn, such as hatreds and prejudices, and which are learned and acquired in life. As you can imagine, there is no consensus on this issue and on many other questions 64

TORAH TIDBITS / SHOFTIM 5779

RAV, BEIT KNESSET HANASSI, JERUSALEM regarding human behavior. It is obvious that the Torah recognizes the presence of prejudice and corruption, both willingly and unknowingly within all of us. Even the greatest of us, who possess Godly wisdom and holiness in behavior and speech, is also subject to being corrupted. Wisdom can be perverted, and speech can be twisted because of our innate susceptibility to corruption.

We are not provided with any magic method to avoid this problem. We only know that it exists and that it is universal and omnipresent. As such, perhaps simply being aware of its existence eventually leads human beings individually and human society generally to a willingness to deal with the matter and to correct it to the extent that human beings are able.

We are all aware that that when it comes to physical health and mental well-being, the first act is to identify and be aware of the problem that is involved.

The same thing is true in all human emotional and spiritual difficulties.

People tend to believe that, somehow, they are immune to corruption if they do not actually take money offered to influence their opinions and judgments.

However, that is a very simplistic view of corruption. Since people feel that they are balanced and fair in their opinions and viewpoints, this is exactly

what leads to prejudices, intolerance of others and a closed mind when it comes to deciding on important issues and personal matters.

One of the reasons the Talmud insisted that at least three people be present to judge in a Jewish court of law is that when you have three people you will automatically hear different points of view and a fairer result will emerge.

There are exceptional cases where even one judge – and that judge must be a true expert on the law and facts involved – will suffice, but the practice in Jewish courts throughout the ages has been

to have more than one judge – at least three – involved in arriving at judicial decisions. The Torah demanded that we pursue justice and fairness at all costs. It does not guarantee that we will always be able to achieve that goal, but it does demand that we constantly pursue it.

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BY RABBI EPHRAIM SPRECHER Faculty, OU Israel Center

Elul – Give Me Shelter

“This month is the

“

and self examination.”

You shall separate 3 cities for yourself in your land, which Hashem your G-d, is giving you to inherit.” (Devarim 19:2) The Torah commands us here to designate cities of refuge and shelter.

These refuge cities are for the person who commits an accidental murder, where he would run, to receive protection from the GOAL HADAM (The redeemer of blood). These cities of refuge are Levite cities where the accidental murderer undergoes rehabilitation until the death of the Kohen Gadol.

But today we have no cities of refuge and shelter. And we know that the Torah is G-d’s GPS (G-d’s Personal System) for all times. So what is the message of the Cities of Refuge and Shelter for us today?

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appropriate period for introspection, soul searching

The Baal Shem Tov explains that the month of Elul is compared to a city of refuge and shelter. Perhaps the Rolling Stones were alluding to this idea in their number 1 hit song called “Give Me Shelter.” So it is no coincidence that this Mitzvah of the Cities of Refuge and Shelter is included in Parshat Shoftim which is usually read in the first week of Elul as a preparation for the High Holy Days.

The month of Elul is our symbolic “safe-house.” This month is the appropriate period for introspection, soul searching and self examination.

Elul is the time to rehabilitate, reJEW-venate and improve our negative character traits and deeds and make amends for all our past transgressions throughout the year.

Let us take advantage of this wonderful opportunity of the safe-house of Elul and let us sing “Give Me Shelter” not just in Elul but throughout the entire year!

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Upper-left are the symbols of SHOF’TIM (gavel) and SHO-T’RIM (sheriff’s star). • Negation circle over the planting of a sapling = prohibition of planting trees in the Mikdash or Mizbei’ach area • Tilted scales = perversion of justice - a recurring theme in the sedra • Crown is for the mitzva of appointing a king • He must write a special Torah (quill & parchment) • He may not own an excessive number of horses (3 chess knights are too many, defined as more than necessary - although since a king and two knights cannot force a checkmate on the opposing king, and a third knight - which can be acquired when a pawn reaches the edge of the board (called promotion) - can force a mate, then three knights would not be an excessive number of horses for a king to own) • Gift-wrapped present represents MATANOT, the gifts to a kohein, specifically the parts of a animal that are his due • Negation of veering to the right or left times 2 because all are commanded so, and the king is additionally commanded the same thing • Rabbit in hat stands for magic (but is not the same kind that the Torah forbids - That’s why it is not in a negation circle) • Ax handle detached from head (kills someone) - classic SHOGEG situation • 68

TORAH TIDBITS / SHOFTIM 5779

Bulldozer is to prepare the roads to IR MIKLAT for better access to the cities of refuge • Towards the bottom, from left.

Three military deferments: Building new house • engagement to marry • and vineyard • Tree with funny face features is KI HA’ADAM EITZ HASADEH, for man is the tree of the field • Home Sweet Home picture with the pyramids is negated because we are not allowed to return to Egypt to live there • An eye with the letter I in it, which is a play on AYIN B’AYIN. The phrase appears only three times in all of Tanach. Two of those times are Parshat Sho-f’tim and the haftara for Parshat Sho-f’tim!

(The other one is in Parshat Sh’lach) • dice are double-4, which is for the 4 double words in the haftara - check them out • Peace symbol in a speech bubble stands for the mitzva to offer peace to an enemy before engaging it in battle • Recycling symbol reminds us to avoid the prohibition of BAL TASHCHIT (wasting) • The negation of the snake is for the prohibition of NICHUSH (play on words) • The snake is a KING cobra, also refers to the prohibition of choosing a king from another nation (Cobra isn’t a Jewish name) • King of hearts is lying down since the king’s heart must not be raised above his brothers • Hand of five queens stands for the prohibition of the king marrying an excessive number of wives. On the other hand, there is a card game called Five Crowns which does have 5 queens, so maybe we do not have a violation here • Wagon is for the portion of EGLA ARUFA, which, we are taught, was the topic that Yaakov

and Yosef were studying, when Yosef was taken from him. Years later, Yosef sends AGALOT, wagons, to his father Yaakov, to facilitate the family’s descent into Mitzrayim • Two alarm clocks are for HIT-O-R’RI, HIT-O-R’RI, awaken, awaken... This phrase can be found in this week’s haftara (as well as in L’CHA DODI) • Bottom right are two TV judges - My Favorite Martian became a judge in Picket Fences and Harry is the judge from Night Court • Above them are SHO-

T’RIM, Jack Webb - the facts, Ma’am, just the facts and Lt. Tragg • SHOFTIM V’SHOTRIM TEE-TEN L’CHA... • Alan King a”h for a king • Univ. of Rhode Island is URI, so is URI Geller - URI URI in the haftara • perpendicular lines are ANACHI, as in ANOCHI ANOCHI (haftara) • The chart indicates profits, sound alike of Prophets • Middle bottom is the insignia of the IDF chaplaincy, similar in function to the Kohein Mashu’ach Milchama

OU ISRAEL CENTER

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RABBI DR. MEIR THE CENTER FOR BUSINESS TAMARI DIRECTOR, ETHICS, JERUSALEM

The Ways of the Fathers are Signs for the Sons

J

ews have always been named the children of Abraham, so they must have inherited from him a special or determining characteristic which distinguishes them from all other nations or creeds. It has been suggested that it is the characteristic of being ‘mei eiver’, from the other side or ‘beyond.’ Avraham rejects the idolatry of the people of Ur so he is haivri. Yosef protests his innocence by saying he was an Ivri and therefore could not possibly be guilty of the crime ascribed to him. Moshe announces the command for the Exodus in the Name of the G-d of the Ivrim, intrinsically special to them. Yonah claims that the storm is only caused by his responsibility as an ivri. The entire civilized world accepted

70

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Caligula’s claim to divinity and his horse to the priesthood, except Israel. Throughout history, the Jews as Jews,have always been opposing idolatry, sexual abuse, economic oppression and every form of injustice or callousness. That is what is meant by the statement, “Ivri Anochi”.

Think of what is considered great, powerful and worthy of royalty in many cultures and belief systems; Alexander the Great, Alfred the great, Peter the great etc.

Even people of the spirit are great inventors, great poets or great philosophers. Our roles models, however, are different.

Avraham Avinu speaks of himself as dust and ashes, David the founder of our royal dynasty considers himself merely a lowly worm, while the Master of our prophets asked ‘what are we?’ This is not nihilism nor is it anarchy nor is it mere modesty but rather a truthful and unbiased view of a reality that can be elevated and molded into an image like Hashem.

We know, for instance, that there is a sexual drive and need in humans but we have been taught that this can and needs to be transformed by proper marriage and legal restraints. However, sometimes, the

Torah goes beyond the socially acceptable or the legal norms of a particular society or period. In the same way we know that there are drives and needs for personal property but we also have the knowledge that these may and must be transformed by business morality and by charity. It means that we know that there is a hunger for political, social and economic power but also that these must and can be elevated to serve society. Throughout history people have constantly tried to achieve these aims through education, voluntary associations, state imposed policy or a combination of some of them.

We often tend to overlook the great social successes which humanity has achieved over the centuries from the Cavemen to modernity. Despite these, we

are still far from the societies described

by Israelâ&#x20AC;&#x2122;s prophet. Perhaps it is a simplification to write that the reason for the failure of all these attempts is that they tried to eradicate the Divine from their lives. In contrast, however, our way seeks to transform all the drives and hungers into kidushin, a state of holiness. There is no place here for attempts to eradicate the drives and hungers which Hashem instilled in humanity for its benefit. So there are no hermits nor monasteries in Judaism. There are, however, families, communities, tribes and even political entities like states and kingdoms. Within these various forms of social organization, ordinary men, women and children can live complete and fulfilled lives which reflect a kingdom of priests.

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TORAH TIDBITS / SHOFTIM 5779

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When Ma’aser Sheni is Worth Less Than a Peruta

T

he Chazon Ish (Demai 15:12) discusses transferring ma’aser sheni sanctity from produce worth less than a peruta onto a coin already used for transferring this sanctity. For this transfer to be valid, the level of halachic obligation for the previous transfer must be higher or equivalent to the current redemption for the transfer to be valid.

Unequal levels of halachic obligation where the transfer is not valid: A. The first transfer was from a vegetable (for which separation of terumot and ma’aserot is a rabbinic obligation), and the current transfer is on less than a peruta worth of grain, wine, or oil (biblical obligation).

B. The first transfer was on safek tevel (possibly untithed produce) and the current transfer is on tevel vaday.

C. The first transfer is on fruit that a person bought from someone else (halachic status of lako’ach; lit., customer) and the current transfer is on fruit from one’s tree.

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D. The first transfer was on produce grown in a hothouse or indoors and the current transfer is on produce grown in soil outside.

E. The first transfer grew in olei Mitzrayim territory, the second transfer in olei Bavel territory.

At Beit HaOtzar, Torah VeHa’aretz Institute’s terumot and ma’aserot fund, we are careful to perform the first transfer on wheat (biblical) that is definitely tevel, grown by a Jewish farmer and not bought, grown outside in the soil, in olei Bavel territory. The farmer appoints the Beit HaOtzar rabbis to take terumot and ma’aserot on his behalf.

This is a peruta chamura. That is, the sanctity transferred to the first peruta in the coin that has the highest level of obligation possible today. This ensures that all further transfers will be of equivalent or lesser obligation.

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TORAH TIDBITS / SHOFTIM 5779

Meet the Company that Will Revolutionize Skin Care

T

he revolution in the realm of dermatology has started!

With the new invention from Israeli Derma Detect, all you need to do is use your smartphone to take a picture of the infected area, then, use the app to answer a few short questions, send to the doctor, and get a diagnosis and a prescription, regardless of time and location.

This solution is already being successfully applied by Maccabi Healthcare Services and with Israel's largest pediatric portal â&#x20AC;&#x201C; "Yeladoctor".

"We aspire to alleviate people's pain from skin problems and to significantly improve the efficiency of healthcare organizations worldwide," says co-founder, CEO and entrepreneur, Eugene Dicker, a 20 year veteran in establishing and running tech companies.

Wishing to continue the development and proven

success, the company is now providing opportunities to buy shares through the investment platform, "Together", after it has already raised hundreds of thousand of dollars from leading investors.

"Derma Detect is exactly the type of company to invest in," says accountant Shuki Cohen Sharet, chairman of Together. "It has an impressive professional team, an exciting novel product that combines AI with advanced medicine and a huge international market. With our platform, you can invest as little as 15 thousand dollars to enjoy the fruits of success."

FOR MORE INFO: www.tgt.co.il CONTACT: irisz@tgt.co.il OU ISRAEL CENTER

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