Torah Tidbits Issue 1340 - 14/09/19

ISSUE 1340 SEP 14TH '19

‫י"ד אלול תשע"ט‬

‫פרשת כי תצא‬

PARSHAT KI TEITZEI

ELUL: GETTING THE MESSAGE

by Rabbi Judah Mischel see page 50

TORAH YERUSHALIYIM Learning and Musical Selichot

October 6th see page 36 for details

‫ש ֵּל ַח ְּתַׁש ַּלח‬..." ַׁ "...‫ֶאת ָה ֵאם‬

YERUSHALAYIM IN/OUT TIMES FOR SHABBAT PARSHAT KI SHOFTIM TEITZEI Candles 6:13PM Plag 5:31PM Havdala 7:24PM Rabbeinu Tam 8:04PM Candles 6:22PM Plag 5:39PM Havdala 7:33PM Rabeinu Tam 8:13PM

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PARSHAPIX

PPexplanations on p.68 and at www.ttidbits.com Click on the PPW link

WORD OF THE MONTH

Calendar Curiosity - no halachic significance. Days of Elul & Sept are in sync (except for Sep 30th which is first day of R"H, because Sept has 30 days, Elul 29). Because of Feb with 28 or 29 days and Marcheshvan and Kislev which vary, there is no easy pattern for the Elul/Sept match-up. Yet, some familiar numbers pop up. Last match-up was 11 years ago (5768/'08) and 8 years before that (5760/'00). 11, 8, and their sum 19 show up in repeats one's birthday dates. Go back another 11 years and you get a match. But before that, 46 years. Next match is 19 yrs from now and after that, 171 yrs to the next match (19x9). Other months match-up too.

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TORAH TIDBITS / KI TEITZEI 5779

OTHER Z'MANIM

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

JERUSALEM CANDLES PLAG

6:13 6:30 6:29 6:28 6:29 6:29 6:29 6:27 6:29 6:13 6:28 6:19 6:28 6:28 6:28 6:28 6:30 6:29 6:17 6:26

5:31 5:33 5:32 5:31 5:33 5:32 5:33 5:33 5:33 5:32 5:32 5:32 5:31 5:33 5:31 5:31 5:34 5:33 5:30 5:29

KI TEITZEI

Yerushalayim / Maale Adumim Aza area (Netivot, S’deirot, Bet al)

Beit Shemesh / RBS Gush Etzion Raanana/ Tel Mond/ Herzliya/ K. Saba

Modi’in / Chashmona’im Netanya Be’er Sheva Rehovot Petach Tikva Ginot Shomron Haifa / Zichron Gush Shiloh Tel Aviv / Giv’at Shmuel Giv’at Ze’ev Chevron / Kiryat Arba Ashkelon Yad Binyamin Tzfat / Bik’at HaYarden Golan

HAVDALA

7:24 7:26 7:25 7:24 7:26 7:25 7:26 7:25 7:25 7:25 7:25 7:25 7:24 7:26 7:24 7:24 7:26 7:25 7:23 7:22

KI TAVO 6:04 5:23 7:14 6:21 5:26 7:17 6:20 5:24 7:15 6:19 5:23 7:15 6:20 5:25 7:16 6:19 5:24 7:15 6:20 5:25 7:16 6:18 5:25 7:16 6:20 5:25 7:16 6:04 5:25 7:16 6:19 5:24 7:15 6:10 5:24 7:16 6:18 5:23 7:14 6:18 5:25 7:16 6:19 5:23 7:15 6:19 5:24 7:24 6:21 5:26 7:15 6:20 5:25 7:16 6:08 5:22 7:13 6:17 5:21 7:13

Rabbeinu Tam (J'lem) - 8:04pm • next week - 7:55pm OU Kashrut  NCSY  Jewish Action  JLIC NJCD / Yachad / Our Way  OU West Coast  OU Press  Synagogue/Community Services  OU Advocacy  OU Israel MOISHE BANE, PRESIDENT OF THE ORTHODOX UNION Howard Tzvi Friedman, Chairman of the Board, Orthodox Union | Dr. Michael Elman, OU Israel Chair | Gary Torgow, Chair, OU Kashrus Commission ALLEN FAGIN, EXECUTIVE VICE PRESIDENT | Rabbi Dr. Tzvi Hersh Weinreb, Exec. V.P. Emeritus | Rabbi Steven Weil, Senior Managing Director | Shlomo Schwartz, Chief Financial Officer | Lenny Bessler, Chief Human Resources Officer | Rabbi Dave Felsenthal, Chief Innovation Officer OU KOSHER: Rabbi Menachem Genack, CEO/Rabbinic Administrator OU Kosher | Rabbi Moshe Elefant, COO/Executive Rabbinic Coordinator ISRAEL: Rabbi Yossi Tirnauer, Rabbinic Coordinator OU Israel | Rabbi Yissachar Dov Krakowski, Rabbinic Field Representative Headquarters: 11 Broadway, New York, NY 10004 212-563-4000  website: www.ou.org

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RANGES ARE 11 DAYS, WED-SHABBAT 11-21 ELUL • SEPTEMBER 11-21 Earliest Talit & T’filin Sunrise Sof Z’man K’ Sh’ma

5:30-5:36am 6:20-6:26am 9:28-9:29am

(Magen Avraham: 8:51-8:53am)

Sof Z’man T’fila

10:30-10:30am

(Magen Avraham: 10:00-10:00am)

Chatzot(Halachic noon) Mincha Gedola (Earliest Mincha) Plag Mincha Sunset (counting elevation)

(based on sea level: 6 :51-6:373/4pm)

12:36-12:321/4pm 1:08-1:03pm 5:33-5:211/2pm 6:551/2-6:42½pm

Seymour J. AbramsOrthodox Union Jerusalem World CenterAvrom Silver Jerusalem College for AdultsWolinetz Family ShulMakom BaLevBirthrightYachadNCSY in IsraelJLIC in IsraelPearl & Harold M. Jacobs ZULA Outreach CenterThe Jack Gindi Oraita ProgramOU Israel Kashrut

ZVI SAND, PRESIDENT, OU ISRAEL

Yitzchak Fund, Former President, OU Israel | Rabbi Emanuel Quint z”l, Senior Vice President | Prof. Meni Koslowsky, Vice President | Dr. Simcha Heller, Vaad member | Stuart Hershkowitz, Vaad member | Moshe Kempinski, Vaad member | Sandy Kestenbaum, Vaad member | Zvi Sand, Vaad member | Ben Wiener, Vaad member | Harvey Wolinetz, Vaad member

RABBI AVI BERMAN, EXECUTIVE DIRECTOR, OU ISRAEL

David Katz, CFO, OU Israel | Chaim Pelzner, Director of Programs, OU Israel | Rabbi Sam Shor, Director of Programs, OU Israel Center Rabbi Sholom Gold, Dean, Avrom Silver Jerusalem College for Adults | Phil Chernofsky, Educational Director and TT editor

22 Keren HaYesod <> POB 37015 <> Jerusalem 91370 phone: (02) 560 9100 | fax: (02) 566-0156 email: office@ouisrael.org | website: www.ouisrael.org Founders and initial benefactors of the Israel Center: George and Ilse Falk a”h OU Israel, Torah Tidbits and Anglo Media do not endorse the political or halachic positions of its editor, columnists or advertisers, nor guarantee the quality of advertised services or products. Nor do we endorse the kashrut of hotels, restaurants, caterers or food products that are advertised in TT (except, of course, those under OU-Israel hashgacha).

Any "promises" made in ads are the sole responsibility of the advertisers and not that of OU Israel, the OU Israel Center , Torah Tidbits and Anglo Media.

Torah Tidbits and many of the projects of OU Israel are assisted by grants from MISRAD HACHINUCH- Dept of Tarbut Yehudit

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TABLE OF CONTENTS LEAD TIDBIT | Phil Chernofsky

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ALIYA BY ALIYA | Phil Chernofsky

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THE RICH FRUIT OF FORGIVENESS | Rabbi Dr. Tzvi Hersh Weinreb ANIMAL WELFARE | Rabbi Lord Jonathan Sacks

22 26

PROBING THE PROPHETS | Rabbi Nachman Winkler 32 WEIGHING IN ON EMUNAH | Rabbi Shalom Rosner 34 OU ISRAEL CENTER SCHEDULE

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MITZVAH MINDFULNESS | Rebbetzin Shira Smiles

48

ELUL: GETTING THE MESSAGE | Rabbi Judah Mischel 50 SIMCHAT SHMUEL | Rabbi Sam Shor 52 THE MOTHER BIRD AND HOW TO PRAY | Rabbi Aaron Goldscheider 54 DIVREI MENACHEM | Menachem Persoff

58

MISSING A KEY WORD FROM AL HAMICHYA | Rabbi Daniel Mann, Eretz Chemda

60

WHICH GENE TO CHOOSE? | Rabbi Gideon Weitzman, Machon Puah

62

PARSHAT KEI TEITZEI | Rabbi Berel Wein

64

IS IT A MITZVAH TO VOTE IN ISRAEL'S ELECTIONS | Rabbi Shimshon Hakohen Nadel 66 ROSH HASHANA'S ENIGMA - FEARFUL WITH JOY | Rabbi Ephraim Sprecher

70

LOTS OF MITZVOT | Rakel Berenbaum

72

CHIZUK AND IDUD | Rabbi Yerachmiel Roness 4

TORAH TIDBITS / KI TEITZEI 5779

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LEAD TIDBIT

BY PHIL CHERNOFSKY

Editor Emeritus, Torah Tidbits

Caution with Reasons

W

hy are we commanded to dwell in a sukka for the seven days of Sukkot?

So that all generations shall know that G-d protected us during the sojourn in the Midbar (with actual booths and/or the protective heavenly clouds) after He took us out of Egypt.

How do we know that this is the reason?

The Torah tells us in the pasuk that follows BASUKOT TEISH'VU SHIV'AT YAMIM. In this week's sedra, Ki Teitzei, the Torah showers us with 74 mitzvot - the most of any sedra and 11 more than the #2 sedra, Emor.

Among them we find the prohibition of muzzling an animal when it is working with food (that it would like to eat - not

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TORAH TIDBITS / KI TEITZEI 5779

necessarily our kind of food). Why prohibit this?

It would be cruel to the animal to do so.

Nice answer, but who says so? The Torah does not give a reason. Our Sages state that this mitzva is one of several that are the foundation of the whole concept of avoiding cruelty to animals.

Those same Sages (some of them) attach a caveat warning us second-guessing HaShem. They opine that we need to hesitate giving reasons with our finite (limited) logic to the commands of G-d (that do not have their reasons spelled out for us)..

With that warning, however, they do attempt to explain many of the mitzvot.

Basically, the warning is not to assume that we totally understand a particular mitzva, at the same time that we strive to understand what and why G-d has command something.

Sometimes, Chazal are 99% confident that the reason(s) they give are correct.

But there is always (or should be) a prime reason for a mitzva - namely, that it is a Decree of the King. Then other reasons can (and should follow).

Take a look at another prohibition in Ki Teitzei - that of harnessing an ox and a donkey together for plowing. Chazal teach us that the Torah Law includes the

harnessing of any two non-compatible animals for any purpose. This includes the two giraffes harnessed together with an elephant pulling a band wagon and trailer with an old man on the porch sitting on a rocker, that can be seen and read about in Dr. Seuss's And to think that I saw it on Mulberry Street. That too is ASUR MIN HATORAH. This mitzva is also explained as an act of cruelty to animals to be avoided. But there is a wrinkle to this mitzva. Rambam is his name (actually, his acronym). The Rambam says that the Torah prohibition of LO TACHAROSH applies when one animal is kosher and the other is nonkosher. Ox and donkey is a Torah level violation, but elephant and horse is 'only' a Rabbinic prohibition. According to Rambam, there is something else to this mitzva. Not so simple.

And what about SHILU'ACH HAKEN, also from this sedra? For several reasons one cannot simply chalk up this mitzva to avoiding TZAAR BAALEI CHAYIM. In fact, it might be the opposite. Certainly, not simple to understand.

There are CHUKIM whose logic and reasons escape us. There are Mishpatim that lend themselves to easy explanations. There are many mitzvot between these extremes. Bottom line: We keep all mitzvot and shun all prohibitions because that's what G-d wants. After that - and only after that - can we spend a lifetime trying to understand G-d, the Torah, and the Mitzvot better and better and better.

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ALIYA-BY-ALIYA SEDRA SUMMARY

KI TEITZEI

[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

STATS 49th of the 54 sedras; 6th of 11 in D'varim

Sefer HaMitzvot. A=ASEI (positive mitzva); L=LAV (prohibition). X:Y is the perek and pasuk from which the mitzva comes.

Written on 212.8 lines; ranks 21st 44 Parshiyot; 2 open, 42 closed; rank: 1 110 p'sukim; ranks 28th (5th in D'varim) 1582 words; ranks 23rd (5th in D'varim) 5856 letters; ranks 26th (6th in D'varim)

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)

KOHEN - FIRST ALIYA 12 P'SUKIM - 21:10-21 [S>21:10 (5)] The "beautiful captive": A Jewish soldier must resist the "normal" temptations of battle, but is permitted to take a captive woman - but only according to the approved Torah procedures [532, A221 21:11].

Looking at this mitzva from both ends, we first see it as a "concession to the base inclinations of a man", in the heat of battle.

On the other hand, it demands more of the Jew than is common of soldiers all over the world (obviously, not all soldiers), who are notorious for immoral behavior.

If he decides after the one-month waiting period not to marry her, he must release her without abusing, humiliating, or selling her [533, 534; L263, L264 21:14].

A Jew's marriage to a Y'FAT TO'AR is also conditional on her conversion to Judaism.

If she does not want to convert, he must release her. If she does convert and they

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TORAH TIDBITS / KI TEITZEI 5779

want to marry, then it is a full, regular Jewish marriage, with K'dushin & Ketuba...

[S>21:15 (3)] A man may not favor the son of his beloved wife over his firstborn from a "less-loved" wife. (The juxtaposition of these two topics implies that marrying for the wrong motive is likely to lead to a "hated wife".)

This passage is the source of the firstborn's inheritance. Ramban counts two mitzvot here - the positive command to give the firstborn a double portion and the prohibition of not giving it to him.

Rambam and the Chinuch include the rules of the firstborn as part of the laws of inheritance from Parshat Pinchas and not separately here. This is just one of many examples of different countings among the Sages who attempted to identify the traditional count of TARYAG, 613 mitzvot.

SDT: The Vilna Gaon sees a REMEZ

to the double portion of the B'chor in the letters of the word B'CHOR: BET- KAFREISH. Each letter is double the letter before it - BET (2) is double ALEF (1), KAF (20) is double YUD (10), REISH (200) is double KUF (100). (No other letters are double their predecessors.)

[S>21:18 (4)] The "rebellious son" is warned by his parents to mend his ways. If he continues to defy them, violates certain mitzvot, engages in a specific sequence of actions, and if he is of a specific age and at a particular stage of physical development, and his parents are healthy, normal, and deemed to be on equal levels of character,

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then, and only then, would it be possible to execute him as a "Ben Sorer U'moreh".

Although it is (almost) impossible to reach that ultimate point - and sources indicate that there never actually was a case of "the rebellious son" - this parsha serves as a stern warning to wayward children AND their parents! Some mitzvot seem to be intended primarily as deterrent and Mussar.

Just as one example of the improbability of there actually being a BEN SORER UMOREH, the boy in question would have to be between 13 and 13Âź years old and would have to be at the beginning stage of puberty. If that three month window of time does not coincide with the onset of puberty, he cannot be an "official" rebellious son. There are so, so many other technical conditions that must be met that it seems obvious that we were not expected to actually execute a rebellious child as a BEN SORER UMOREH...

LEVI - SECOND ALIYA 9 P'SUKIM - 21:22-22:7

serves as a deterrent for others and is part of the atonement process for the soul of the guilty party.

A Mini-Lesson In English The past tense of 'hang' is 'hung' - if that which is hung is inanimate. If a person was executed by hanging, then the past tense of hang is hanged. The cattle thief was hanged for his crimes. The picture was hung on the wall. And in this case, the dead body was hung on a post shortly before sunset...

Using "Kal VaChomer" (if this is the respect shown the body of an executed felon, how much more so...), we are taught that burial, in general, and "as soon as is feasible", in particular, is the proper procedure for the dead [537, A231 21:23].

[S>22:1 (3)] One is required to return identifiable lost objects to their rightful owners [538, A204 22:1], even if doing so is difficult. One cannot ignore this responsibility [539, L269 22:3] even if it is easier to just leave the object alone.

[S>21:22 (2)] Those executed by stoning were hung after death [535, A230 21:22] for a brief period before sunset. They were then buried [536, L66 21:23] (with the hanging post) to avoid extra embarrassment to the Divine image in which we were all created.

Technically, the laws of LOST & FOUND apply to possessions of fellow Jews.

However, with the potential for Kiddush HaShem and its opposite, depending upon what one does, it is important to go out of one's way to return a lost item to a non-Jew as well (and maybe even more so, in some cases!). This too is part of halacha, not just nice to do.

The hanging of the body after execution (which is done in some cases, not all)

[S>22:4 (1)] Nor may one ignore a fellow's beast of burden that has collapsed under

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TORAH TIDBITS / KI TEITZEI 5779

its load [540, L270 22:4]. One is required to help his fellow load his animals [541, A203 22:4].

Sefer HaChinuch points out that this mitzva-pair applies to other animals, not just donkey, and it applies to people as well, by reasoning a KAL VACHOMER. If you see a fellow human over-loaded with what he or she is carrying (or trying to carry), it is a Torah mitzva to help out.

Furthermore, if you are approached by a friend or neighbor who offers to help you carry some of your packages, you should consider letting him/her, rather than the typical, "It's okay, I got it." It allows your burden to be eased while the other person does a mitzva. A win-win situation.

[S>22:5 (5)] Men and women may not interchange apparel [542, 543; L39,40 22:5] nor do certain things that are specific to the opposite sex.

R' Yonatan b. Uziel in his Aramaic translation/commentary on Torah, "defines" the prohibition of a woman wearing a man's garb, as the mitzvot of Talit and T'filin. Not everyone agrees, but it's something to think about; it might explain (partially) why women traditionally have not voluntarily done these mitzvot, even though there are many other mitzvot that are not obligatory on women that they have taken upon themselves.

[P>22:6 (2)] When one happens upon a (kosher) bird's nest (in the wild), it is forbidden to take the mother bird alone or with her eggs or chicks [544, L306 22:6], but one may (must? - this is the subject of a dispute with a decidedly kabalistic flavor OU ISRAEL CENTER

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on the side that suggests it is an imperative rather than the assumed "if you want the eggs...") take the eggs/chicks if one first sends the mother bird away [545, A148 22:7]. This is an enigmatic mitzva that defies logic. It is shrouded in mysticism, more so than most other mitzvot.

Although our Sages attribute kindness to animals as a reason for some mitzvot - e.g. not muzzling an animal that is working with food, helping to unload a beast of burden, not plowing with an ox and a donkey together - they (our Sages) were more cautious with Shilu'ach HaKen. It can be argued that it is far kinder to leave a nest alone than to chase away the mother bird. And if kindness were the issue, why does the mitzva not apply to a non-kosher bird? Or to a male bird who is tending the nest? This mitzva is more CHOK-like than other mitzvot involving animals.

SHLISHI - THIRD ALIYA 29 P'SUKIM - 22:8-23:7 [S>22:8 (2)] One is required to build a protective fence around one's (habitable) roof [546, A184 22:8]. It is forbidden to leave safety hazards on one's property [547, L298 22:8].

Oral law defines these mitzvot as more inclusive than just one's roof. Rabbinic law, "taking the Torah's lead", extends "safety & health" rules further into many areas. Rambam says that a person may not tell others: "Don't tell me what to 12

TORAH TIDBITS / KI TEITZEI 5779

do; if I want to risk my health or life, it's my business." Saying this can make a person liable to the punishment of MAKAT MARDUT (under conditions when that punishment was meted out). All Israel are responsible for each other.

One may not plant mixed grains in a vineyard [548, L216 22:9], nor may one eat the resulting products [549, L193 22:9].

"Strangely", these two mitzvot - MAAKEH and Mixed Grain - share a single parsha.

What connects them to each other more than other neighboring mitzvot? (Keep in mind that Ki Teitzei has the most parshiyot of any sedra. Many mitzvot are in their own parsha, so when two different kinds of mitzvot share a parsha, we have a question to ask.)

[S>22:10 (2)] Plowing with ox and donkey together is forbidden, as is the tying together of any non-compatible animals (or humans) for any purpose [550, L218 22:10].

Rambam holds that the Torah prohibits any combination of a kosher and nonkosher animal, based on the fact that the Torah's example is one of each. Rambam says that combinations of two kosher or two non-kosher animals is forbidden by Rabbinic law. Many authorities challenge Rambam's distinction and say that it is all Torah law.

Do not wear Shaatnez, wool and linen together [551, L42 22:11].

[S>22:12 (1)] ...put tzitzit on all fourcornered garments that you wear [counted back in Sh'lach].

[S>22:13 (7)] It is a mitzva to marry according to Jewish Law and for the husband to write a K'TUBA for his wife with various promises and assurances [552, A213 22:13].

and neither was forced, then they are both subject to the death penalty for adultery. [This prohibition counted from Commandment #7 in Parshat Yitro, and is repeated in Va'etchanan.]

The juxtaposition of tzitzit to marriage seems to be the source of the minhag of many Ashkenazi Jews of starting to wear a Talit when one marries (even though the Talit Katan is worn from early childhood).

Other communities disagree with waiting until marriage to wear Talit Gadol.

[S>22:23 (2)] The same applies if the woman is "just" betrothed (this is more than engagement in our time). The specific incident of stoning is generalized to the mitzva upon the court to carry out the punishment of "stoning" whenever required [555, A220 22:24].

If a man had falsely accused his (betrothed) wife of infidelity, he may not divorce her (unless she so desires) [553, 554; A219, L359 22:19]. Penalties are also paid to the girl's family for the insult.

[S>22:25 (3)] Both consenting parties to a forbidden relationship are culpable.

However, if it is possible to consider the woman an unwilling participant, then she must not be punished. We must not punish anyone who might not be responsible for their actions [556, L294 22:26]. This is the source of giving people the benefit of the doubt. This does not mean that the person always deserves the benefit of the doubt.

Maybe they actually sinned. The answer it will have to be left to G-d to punish them; we are obligated to explain the situation as in this example - "certainly the girl screamed but there was no one to save her."

[S>22:20 (2)] If the betrothed maiden did, in fact, willfully, intentionally have relations with another man, and there are kosher witnesses and proper warning, and all the other rules of evidence. then she is an adulteress and can be executed (by stoning).

[S>22:22 (1)] If a man and a married woman have relations (knowing fullwell the married status of the woman),

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[S>22:28 (2)] A man who forces himself on an unmarried maiden must pay a fine to her father. If the girl wants to be married to the man, he must marry her and never initiate divorce (she, of course, may insist that she wants nothing to do with him and then the court will force him to divorce her, had they married) [557, 558; A218, L358 22:29].

[S>23:1 (1)] A man may not marry his father's former wife (even after his father's death).

[S>23:2 (1)] Castrated men (not all - it depends on how their situation happened) have marriage restrictions [559, L360 23:2].

[S>23:3 (1)] A "mamzer" has marriage restrictions [560, L354 23:3]. A mamzer is the offspring of a union that is prohibited by the Torah, with a death penalty. This includes incestuous and adulterous relationships. He may, however, marry a mamzeret or a female convert to Judaism.

And vice versa for a mamzeret.

[S>23:4 (4)] Amonite and Moabite males may not marry into the "Congregation of G-d" [561, L53 23:4], because of the

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cruel, inhospitable behavior of those two nations towards Israel. And also because they hired Bil'am to "bless" us.

Nor may we ever offer those two nations peace as an alternative to war, as is required of all our other enemies [562, L56 23:7].

The Torah is giving a reason for a mitzva, something that it rarely does. We are to do mitzvot because they are G-d's commands.

In this case, it is precisely the reason given for this mitzva that allowed our Sages to declare Ruth the Moavite able to marry into the Nation. It was the Moavite men who displayed that unforgivable behavior, not women, who did not "go out" and confront B'nei Yisrael.

R'VI'I - FOURTH ALIYA 17 P'SUKIM - 23:8-24 [S>23:8 (2)] OTOH, converts from Edom and Egypt are not to be discriminated against, but can fully integrate only from the third generation on [563, 564 L54, 55 23:8].

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[S>23:10 (6)] A military camp must be kept spiritually and physically clean.

Sanitary facilities must be provided outside the camp and soldiers must be equipped with appropriate tools for maintaining proper sanitation [566, 567; A192, A193 23:13,14].

An offshoot of this mitzva: entry to Har HaBayit (referring to the area where the Beit HaMikdash and its courtyard DID NOT stand) by people with certain types of ritual impurity is forbidden [565, L78 23:11]. (The area where the Mikdash was - or might have been - is off-limits to all t'mei'im.)

Conceptually, we must realize that G-d's presence among us is affected by our moral behavior. Thus, these mitzvot have ramifications to Jewish society as a whole, and not merely in a military setting.

[S>23:16 (2)] A slave who runs from his master to us for protection, may not be returned. Nor may we abuse a slave who seeks haven in Eretz Yisrael [568, 569; L254, L255 23:16,17].

[S>23:18 (2)] Prostitution is forbidden [570, L355 23:18] and its revenues may not be used for sacred matters [571, L100 23:19]. (Some sources consider the prohibition sex between unmarried people as part of mitzva #570.)

[S>23:20 (2)] Although interest on personal loans may not be taken from a Jew, it is correct to lend to non-Jews with interest [572, 573; L236, A198 23:20,21].

Society 16

in

general

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accepts

the

reasonableness of moderate interest on loans. Since a non-Jew can charge a Jew interest, the Torah gives us permission to take interest from them. Usury, loan sharking, is universally recognized as a wrong-doing; but the ban against any interest at all is particular to us - it is as if G-d is commanding us to go out of our way to help the less fortunate in our midst.

[S>23:22 (3)] Pledges to the Mikdash must be fulfilled within the cycle of the three festivals [574, L155 23:22].

It is advisable to refrain from making promises, but once made, a person must keep them [575, A94 23:24]. (Hatarat N'darim provides an "out" for certain illadvised promises, within limits. Consult a Rav for specific cases.)

CHAMISHI - 5TH ALIYA 6 P'SUKIM - 23:25-24:4 [S>23:25 (1)] Workers are entitled to eat of the food they are working with [576, A201 23:25], but may not take any home without permission [577, L268 23:25].

[S>23:26 (1)] Workers mustn't eat while they are working [578, L267 23:26]. In other words, their right to eat [576] is restricted to their breaks.

We see a beautiful balance in the area of Torah Law as it relates to boss-worker relations. On the one hand, the worker is allowed to eat from that which he picks.

On the other hand, he cannot do this while he is actually working, as this would reduce his efficiency, thereby shortchanging his boss. On the other hand, the boss must provide breaks during the day, when the worker is allowed to eat. On the other hand, the worker may not take any of the fruits home with him, without permission. Talmudic law adds to this list for both sides. For example, it advises a worker not to overdo the eating, although it is permitted, lest the word get out and people will stop hiring him. Boss may not take advantage of worker, and worker may not take advantage of their boss.

[S>24:1 (4)] If a married couple wants to end their marriage, it must be done with a proper "get" [579, A222 24:1].

If a divorcee has remarried, and is subsequently widowed or divorced, she cannot remarry her first husband [580, L356 24:4].

SHISHI - SIXTH ALIYA 9 P'SUKIM - 24:5-13 [S>24:5 (2)] A man is exempt from military service during the first year of his marriage [581, L311 24:5], during which time he is to see to it that his wife is happy [582, A214 24:5].

This applies to Milchemet R'shut, optional wars. For Milchemet Mitzva - obligatory wars - there are no exemptions.

One may not take a vessel used for OU ISRAEL CENTER

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preparing food as a security against a loan [583, L242 24:6]. We must be sensitive to the needs of the borrower.

[S>24:7 (1)] Kidnapping and selling the victim is a capital offense. Kidnapping is already counted as a prohibition from Commandment #8, LO TIGNOV (i.e. stealing a person) in Yitro. That was the "warning"; this is the "punishment". Both are needed.

[S>24:8 (2)] We must not remove signs of Tzora'at [584, L308 24:8]. Always remember what happened to Miriam. [Some mitzvacounters count this ZACHOR among the 613.] What happened to Miriam is that she was punished for speaking ill of her brother Moshe and she was afflicted with Tzoraat; hence, the connection between these two p'sukim that share this parsha.

[S>24:10 (4)] We must not be overly forceful in the taking of a security from a poor person who has borrowed from us [585, L239 24:10]. We must not withhold that which has already been taken from him; if he needs it, we must return it to him [586, 587; L240, A199 24:12,13]. Another positive-prohibition pair of mitzvot.

Along the lines above, of G-d expecting (commanding) us to go way beyond the norm (of the rest of the world) in our treatment of borrowers (basically, this involves personal loans to fellow Jews - not business investments, including loans that are set up like a business deal (with a heter iska).

Let's say you lend someone money and he gives you his winter coat as a security 18

TORAH TIDBITS / KI TEITZEI 5779

for the loan. Repayment was due at the end of the summer, but the person was not able at that time to repay the loan.

Then the winter is upon us and he still hasn't repaid the loan. You have to give him his coat back so that he won't be cold in the winter. Logical? No, not really. You lent him money. You took something in security for the loan. He hasn't given you the money yet. You shouldn't have to give him the coat back. That's the standard of regular human behavior. The nicer people among the nations of the world might also give back a needed object. But that would be their personal decision. We, the Jewish People, are required - commanded - to give it back. ASHRECHA YISRAEL.

SH'VII - SEVENTH ALIYA 28 P'SUKIM - 24:14-25:19 [S>24:14 (2)] We may not take unfair advantage of our less-fortunate workers.

A day-laborer must be paid on time [588, A200 24:15]. The prohibition of delaying his wages is counted elsewhere.

[S>24:16 (1)] Close relatives may not testify against (or for) one another in criminal cases [589, L287 24:16]. There is also the implication here that a person will not be punished for deeds of his parents or children. This is an example (one of many) of a pasuk teaching us two or more quite different things.

[S>24:17 (2)] One must not pervert justice even on behalf of an orphan [590, L280 24:17]. Securities for a loan must

not be taken from a widow [591, L241 24:17]. Our experience in Egypt is to be remembered as the motive for many of these "sensitizing" mitzvot.

[S>24:19 (1)] That which is forgotten in the fields after harvesting must be left for the poor; one should not return for it himself [592, 593; A122, L214 24:19].

[S>24:20 (3)] The previous parsha set down the rules of SHICH'CHA; this parsha adds rules for proper kind behavior when picking olives and grapes. Again we are reminded of our Egyptian experience.

Even though (or maybe, because) Egypt was unspeakably cruel to us, our experience there is supposed to sensitize us.

[S>25:1 (4)] The punishment of makot (whipping) is to be administered by the courts to those found guilty of sins punishable thusly, but care must be taken not to exceed the required number of lashes [594, 595; A224, L300 25:2,3].

The prohibition of not exceeding the approved number of lashes, also includes the more general prohibition of striking a fellow Jew. Do not muzzle an animal when it is working with food [596, L219 25:4].

[S>25:5 (6)] The widow of a man without offspring is forbidden to marry anyone else [597, L357 25:5] until... She either "marries" her brother-in-law (Yibum) [598, A216 25:5] or the relationship is terminated by chalitza [599, A217 25:9], in which case she may marry anyone else (but a kohen).

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The Torah speaks of a man dying without having a BEN. Does that mean "son" or "child"? In this case, the word BEN includes any offspring. If a man has no sons, only a daughter, and he dies, his widow is free to marry anyone except a Kohein Gadol. And she may never marry her late husband's brother. If the man had no offspring, his widow must* marry his brother (*or receive Chalitza from him).

Total opposites, depending upon exactly what BEN means. How do we know? Torah She'b'al Peh, the Oral Law. We cannot understand Torah without it.

[S>25:11 (2)] If person "A" is pursuing "B" to kill him, we must save B's life even if it means killing "A" [600, A247 25:12].

Do not show mercy to the pursuer, "A" [601, L293 25:12]. If it is possible to stop "A" without killing him, we must do so - to kill him would be murder - even though he forfeits his life, so to speak - because he is a RODEIF. [S>25:13 (4)] Mere possession of false dry or liquid measures or weights is forbidden [602, L272 25:13]. Honest weights and measures is one of the pillars of society; G-d despises those who cheat in business.

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[P>25:17 (3)] The final portion of the sedra is "Zachor". We are commanded to remember what Amalek did to us on our way out of Egypt [603, A189 25:17]. The Jewish People as a whole are commanded to destroy the remnant of Amalek from this world [604, A188 25:18]. We (each Jew) must never forget what Amalek did [605,L59 25:19].

Technically, these mitzvot apply to the specific Amalek nation. The idea of remembering and never forgetting, however, must be extended to the Amalektypes that have plagued us throughout Jewish history.

HAFTARA - 31 P'SUKIM YESHAYAHU 54:1-55:5 Yeshayahu draws a comparison between the covenant that G-d made with all mankind via No'ach and the promises to the People of Israel concerning their future. Just as G-d promised never to flood the whole Earth again, so too does He promise not to rebuke and punish Israel (in the future).

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

The Rich Fruits of Forgiveness

T

he spirit of forgiveness is in the air.

Since the beginning of this month, the month of Elul, Sephardic communities have been reciting selichot, prayers petitioning the Almighty for his forgiveness. They have been doing so each and every day, rising before dawn in order to get to the synagogue on time.

Ashkenazic communities, following their custom, will delay the recitation of these petitionary prayers until the week before Rosh Hashanah.

No matter one's liturgical custom, the theme of forgiveness is uppermost in the consciousness of every Jew. For some, beseeching the Almighty for His forgiveness is their primary concern.

Others focus upon obtaining forgiveness from those whom they have offended during the course of the past year. Still others struggle with that most difficult task: begging forgiveness from those whom they have offended. One way or the other, forgiveness is our dominant

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concern for at this time of year.

When we turn to the Torah portions during these weeks it is only natural to search the text for references to this important theme. Sometimes those references are readily apparent. For example, last week we read this moving prayer: "Our hands did not shed this blood…Absolve, O Lord, Your people Israel…And do not let guilt for the blood of the innocent remain among Your people Israel…And they will be absolved of bloodguilt." (Deuteronomy 21:7-8).

But this week's Torah portion, Ki Teitzei (Deuteronomy 21:10-25:19), presents us with a challenge. Don't get me wrong. This week's parasha contains numerous laws about some very important topics, such as moral warfare, returning lost objects, proper treatment of runaway slaves, divorce, honesty in business affairs, and the concluding cautionary paragraph, urging us not to forget that vilest of our enemies, Amalek. But explicit references to forgiveness are absent.

Several years ago, I decided to meet the challenge and to burrow beneath the surface and find such references. The Talmud teaches us, “If you toil, you will find.” Following this Talmudic advice, I toiled indeed. And I did not toil in vain, for I found quite a few hidden references

to our central theme, one of which I hereby share with you.

There is a passage in this week's Torah portion which, far from exuding a spirit of forgiveness, reflects almost inexplicable harshness. Near the very beginning of our parasha, is the passage that deals with the ben sorer u'moreh, the wayward and defiant son. It reads: "If a man has a wayward and defiant son, who does not heed his father or mother and does not obey them even after they discipline him, his father and mother shall take hold of him and bring him out to the elders of his townâ&#x20AC;ŚThey shall say to the elders of his town, 'This son of ours is disloyal and defiant; he does not heed us. He is a glutton and a drunkard.' Thereupon the men of his town shall stone him to death.

Thus you will sweep out evil from your midstâ&#x20AC;Ś" (Deuteronomy 21:18-21) There is no trace of forgiveness in these verses. Our Sages questioned the fairness of such a harsh punishment for such a young lad. Rashi, following Talmudic sources, reasons that this boy is not being punished for his current behavior.

Rather, this behavior is indicative that he is headed for a life of great criminality, in which he will eventually steal and even murder in order to satisfy his gluttony and desire for drink. But those of us who read the text, especially if we are or have been parents ourselves, understandably search for some ray of hope for this wayward teenager.

One such ray of hope is found in this passage in the Babylonian Talmud, Tractate OU ISRAEL CENTER

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Sanhedrin 88b: "This wayward and defiant son, this ben sorer u'moreh, if his parents wish to forgive him, he is forgiven."

At first blush we wonder about this leniency. After all, if we are to follow Rashi's explanation of why he is so harshly condemned, we should be concerned that by forgiving him his parents have let loose a dangerous murderer upon society. The Torah seems convinced that this young lad is inevitably destined for a severely antisocial career. A strict reading of the text demands that we eliminate this potential murderous hazard from our midst. Why should parental mercy of a father and mother be allowed to endanger the welfare of society?

One approach to understanding the power of parental forgiveness is provided

by Rabbi Chaim Zaitchik, in a collection of masterful essays, entitled Maayanei HaChaim (Wellsprings of Life). He argues that whereas it can generally be assumed that a young man so wayward and so defiant can never overcome his perverse tendencies, such an assumption must be abandoned if experts can testify that he can be rehabilitated. Asks Rabbi Chaim, "What greater experts can there be than this boy's own parents?" They know him better than anyone else and if they forgive him, it must be that they have detected in him the capacity to shed the passions of youth which have heretofore led him astray.

This is one lesson of forgiveness. If you know a person well, you know that he can change his ways, and hence merit our forgiveness.

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I would like to suggest another approach to understanding this passage in the Talmud. My approach rests upon my own observations during the course of my career as a psychotherapist. It was during those years of psychotherapeutic practice that I learned that forgiveness changes the behavior of the person who is forgiven.

People who have offended others are often so moved by the fact that those others have forgiven them that they commit to a future of exemplary behavior. The experience of having been forgiven by the other signals them that those others trust them. They are so inspired by that new experience of being trusted that their behavior improves radically.

In the words of a preacher that I overheard on the radio long ago, “We don't forgive people because they deserve it. We forgive them because they need it."

Sometimes we think that there is a risk to forgiving those who have offended us.

After all, we ask ourselves, "Are we not letting him ‘off the hook’? Are we not absolving him from his responsibilities?

Does he not consider us ‘suckers’ for having forgiven him?”

But I have found that the opposite is often true. Forgiving the offender ennobles him, and sends him a message which enables him to correct his past habits. In the words of none other than Abraham Lincoln: "I have always found that mercy bears richer fruits than strict justice."

I must conclude by citing a "higher authority" then the greatest of American presidents. I present you with a verse from

Psalms, as explicated by the great medieval commentator, Abraham ibn Ezra. The verse is Psalm 130:4, recited in many communities during the period from Rosh Hashanah until Yom Kippur.

The verse reads: 'But with You there is forgiveness; therefore, You are feared."

As some of you know, I authored a volume of essays on the Book of Psalms.

Here is how I phrased the difficulty of this verse: "How does God's forgiveness lead to our fear of Him? Quite the contrary; one would think that we would be less fearful of a forgiving God, knowing that he would not punish us, but would readily forgive us?"

And here is how I presented Ibn Ezra's response: "He points out that if sinners were convinced that there was no forgiveness for their iniquities, they would persuade themselves that repentance is hopeless. Why reform one's ways if one was damned to punishment anyway?

Precisely the fact that God does forgive removes that hopelessness from them.

They realize that if, out of fear of God, they approach Him and beg His forgiveness, they can be hopeful of attaining it. The fact that God forgivesâ&#x20AC;Śmotivates repentance and personal change."

As we approach the High Holidays, Days of Awe, but also Days of Mercy and Forgiveness, let us be moved by the Almighty's power of forgiveness to forgive others, to forgive ourselves, and to improve our ways so that we deserve His blessings for a blessed New Year.

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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

Animal Welfare

K

i Teitzei is about relationships: between men and women, parents and children, employers and employees, lenders and borrowers.

Strikingly, though, it is also about relationships between humans and animals.

Descartes thought that animals lacked souls. Therefore you could do with them as you pleased. Judaism does not believe that animals lack souls – “The righteous person cares about the nefesh of their animal,” says the book of Proverbs (12:10). To be sure, nefesh here probably means “life” rather than “soul” (neshama in Hebrew). But Tanach does regard animals as sentient beings. They may not think or speak, but they do feel. They are capable of distress. Therefore there is such a thing as animal distress, tza’ar baalei chayim, and as far as possible it should be avoided.

So we read in Parshat Ki Teitzei: “Do not muzzle an ox when it is treading grain”

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(Deut. 25:4). What is intriguing about this law is that it parallels provisions for human beings as well: “When you come [to work] in your neighbour’s vineyard, you may eat as many grapes as you desire to satisfy your hunger.... When you come [to work] in your neighbour’s standing grain, you may take the ears with your hand” (Deut. 23:25–26). The principle is the same in both cases: it is cruel to prevent those working with food from eating some of it. The parallel is instructive. Animals, not just humans, have feelings and they must be respected.

Another law is: “Do not plough with an ox and donkey together” (Deut. 22:10).

The ox is stronger than a donkey, so expecting the donkey to match the work of an ox is cruel. Each animal species has its unique role in the scheme of creation that we must respect.

The most fascinating animal legislation in this parsha is the law of “sending the mother bird away”: If you come across a bird’s nest beside the road, either in a tree or on the ground, and the mother is sitting on the young or on the eggs, do not take the mother with the young. You may take the young, but be sure to let the mother go, so that it may go well with you and you may have a long life. (Deut. 22:6–7) Much has been written on this command. Here I discuss only the

analysis given by Moses Maimonides, fascinating in its complexity. There is a law that appears twice in the Mishnah, stating that if a leader of prayer says, “Your mercies extend even to a bird’s nest,” they are to be silenced. The Talmud offers two possible explanations, of which one is that such a prayer “makes it seem as the attributes of God are an expression of compassion, whereas in fact they are sheer decrees.”

In both his commentary to the Mishna and his law code, Maimonides adopts this view. He adds: If the reason for sending the mother bird away were Divine compassion towards animals then, in consistency, God should have forbidden killing animals for food. The law therefore should be understood as a decree (gezerat hakatuv), and has nothing to do with compassion, human or Divine.

In Guide for the Perplexed, however, Maimonides adopts the opposite approach. There he rejects the very idea that there are commands that have no reason. There is a purpose to killing animals for food is, he says, because meat-eating is necessary for human health. Shechitah (ritual slaughter), however, has been ordained because it is the most painless way to kill an animal.

He continues: It is also prohibited to kill an animal with its young on the same day, in order that people should be restrained and prevented from killing the two together in such a manner that the young is killed OU ISRAEL CENTER

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in the sight of the mother, for the pain of the animals under such circumstances is very great. There is no difference in this case between the pain of human beings and the pain of other living beings, since the love and tenderness of the mother for her young ones is not produced by reasoning but by imagination, and this faculty exists not only in man but also in most living beings…The same reason applies to the law which enjoins that we should let the mother bird fly away when we take the young.

Animals are part of God’s creation. They have their own integrity in the scheme of things.

So Maimonides, contrary to the position he takes in his law code, here states that the law does have compassion as its logic. Moreover, what it seeks to avoid is not physical pain to the animal but psychological distress. Maimonides’ view of animals has been confirmed by recent findings in biology that suggest that many species do indeed resemble humans in their ability to form groups, engage in reciprocal altruism, and display a range of emotions. In most animal species, it is the mother that forms an ongoing bond with the young. Among animals, fatherhood is usually far less developed.

So Maimonides’ explanation in The Guide is empirically well-founded.

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However, elsewhere in his Guide, Maimonides takes yet a third position.

Divine Providence, he says, extends to individuals only among humans.

Amongst animals, it applies solely to a species as a whole. So the reason we must not cause animals pain or distress is not because the Torah is concerned about animals but because it is concerned about humans. We should not be cruel: There is a rule laid down by our Sages that it is directly prohibited in the Torah to cause pain to an animal. This rule is based on the words [of the angel to Bilaam], “Why have you beaten your donkey?” (Num. 22:32). The object of this rule is to make us better, that we should not assume cruel habits, and that we should not needlessly cause pain to others – that on the contrary, we should be prepared to show pity and mercy to all living creatures except when necessity demands the contrary.

Maimonides thus seems to embrace three sharply conflicting views: 1. The law of the mother bird is a Divine decree with no reason.

2. This law is intended to spare the mother bird emotional pain.

3. This law is intended to have an effect on us, not the animal, by training us not to be cruel.

In fact all three are true, because they answer different questions.

The first view explains why we have the laws we have. The Torah forbids certain

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acts that are cruel to animals but not others. Why these and not those? Because that is the law. Laws will always seem arbitrary. But we observe the law because it is the law, even though, under certain circumstances, we may reason that we know better, or that it does not apply. The second view explains the immediate logic of the law. It exists to prevent needless suffering to animals, because they too feel physical pain and sometimes emotional distress as well. The third view sets the law in a larger perspective. Cruelty to animals is wrong, not because animals have rights but because we have duties. The duty not to be cruel is intended to promote virtue, and the primary context of virtue is the relationship between human beings. But virtues are indivisible. Those who are cruel to animals often become cruel to people. Hence we have a duty not to cause needless pain to animals, because of its effect on us. Hence the third proposition.

Interestingly, Maimonides’ analysis was repeated almost exactly, six centuries later, by the greatest philosopher of modern times, Immanuel Kant.

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This is a subtle and nuanced approach.

Animals are part of God’s creation.

They have their own integrity in the scheme of things. We now know that they are far closer to human beings than philosophers like Descartes thought.

This would not have been news to the heroes of the Bible. Abraham, Moses, and David were all shepherds who lived their formative years watching over and caring for animals. That was their first tutorial in leadership, and they knew that this was one way of understanding God Himself (“The Lord is my shepherd” [Ps. 23:1]).

Judaism also reminds us of what we sometimes forget: that the moral life is too complex to summarise in a single concept like “rights.” Alongside rights, there are duties, and there can be duties without corresponding rights. Animals do not have rights, but we have duties towards them. As several laws in Parshat Ki Teitzei and elsewhere make clear, we must not cause them unnecessary pain or emotional distress.

As we saw last week in the case of environmental legislation in Shoftim, Genesis 1 gives us the mandate to “subdue” and “rule” creation, including animals, but Genesis 2 gives us the responsibility to “serve” and “guard.”

Animals may not have rights but they have feelings, and we must respect them if we are to honour our role as God’s partners in creation.

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

A

s we have noted in the past, the final chapters of Sefer Yish’ayahu, from the 40th until the 60th, are known as the ‘pirkei geula’, the chapters of redemption, as they focus upon the glorious future that awaits Israel, and not on the sins of the nation that would soon lead to their exile. It is for this reason that all of the seven post-Tish’a B’Av selections are taken from these very chapters. The haftarah we read this Shabbat, is actually made up of two prophecies of comfort, as it combines the selection usually read on Parashat Re’eh, but which was replaced by the Rosh Chodesh haftarah this year, with the usual haftarah always read on Parashat Ki Teitzei. Since both messages are taken from the 54th chapter, (with five additional verses from the 55th chapter added at the end) it is only logical to combine the two nevuot thereby succeeding in completing all the seven haftaroth of consolation that are generally read each year.

And yet, as we have learned in the past,

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each individual haftarah is meant to exceed the prior ones in reassuring and consoling the nation. It is interesting, therefore, to ponder what message is found in the first ten psukim of today’s selection, that part which is usually the only selection that is read on Parashat Ki Teitzei, that led Chaza”l to see it as a more consoling prophecy than the ones we have read in previous weeks.

Certainly, the promise to increase Israel’s population and broaden her borders was most welcome, but was not new.

Likewise, G-d’s assurance to rebuild the ruined cities and return the people to their land had been heard in our earlier readings.

I would suggest that the most powerful and comforting message that we find in this selection is Hashem’s declaration that, just as He vowed never again to flood the world as He did in Noah’s time, so He takes an oath never to pour out His wrath upon His people. A commitment taken through

an oath by the Holy One was one the people fully believed and was, perhaps, the reason why the opening words of this prophecy call upon the nation to rejoice, “Rani Akara.”

Yet, in many ways, it is the final promise given at the end of this first section that speaks loudly to us today. It is G-d’s promise guaranteeing His love for His people even when they sin, even when He must punish them. Indeed, there are few prophecies that compare to these loving words “For though the mountains may be moved and the hills may falter-My mercies will never be removed from you…says Hashem…”

It is only natural for a nation exiled from her land and from her Bet Mikdash to believe that she was rejected by her G-d.

Indeed, many felt that this was the case, and assumed that they should now adopt the worship practices of their captors whose god had “defeated” theirs. The message taught by Yishayahu, and echoed by other prophets as well, was that Israel was expected to remain faithful to Hashem –Who still loved them and would protect them. The relationship that G-d has with His people is one of a parent with his child: punishment is not a sign of abandonment but of love. And when Israel learned that lesson and understood what was expected of them, they would be returned, once again, to their land.

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

Weighing in on Emunah ‫ֶה־ל ְך‬ ָּ ‫ָצ ֶדק ִי ְֽהי‬ ֶ ‫יפה ְׁש ֵל ָמה ו‬ ָ ‫ֶה־ל ְך ֵא‬ ָּ ‫ָצ ֶדק ִי ְֽהי‬ ֶ ‫ֶא ֶבן ְׁש ֵל ָמה ו‬ :‫יך נ ֵֹתן ָֽל ְך‬ ָ ‫ֲשר־ ְיהֹוָה ֱאל ֶֹה‬ ׁ ֶ ‫ֲד ָמה א‬ ָ ‫יך ַעל ָֽהא‬ ָ ‫ָמ‬ ֶ ‫ֲריכ ּו י‬ ִ ‫ְל ַמ ַען ַיֽא‬ )‫טו‬:‫(דברים כה‬ You shall have a full and honest weight, [and] a full and honest ephah measure, in order that your days will be prolonged on the land which the Lord, your God, gives you. (Devarim 25:15) Immediately preceding the paragraph recalling the episode with Amalek, the Torah dictates that we should be careful to use accurate weights and measures.

Why the juxtaposition of precise weights and measures and the war with Amalek? Rashi suggests that if one is dishonest in business then he should fear a confrontation with an enemy. What exactly is the connection? During their forty-year journey in the desert, did Am Yisrael engage in business dealings? Their food was provided for them via the manna and their water from Miriam's well. Their clothes grew with them. There did not seem to be a need to transact in order to obtain one's basic necessities. Therefore, there was likely no need for weights and measures in the desert. If so, then what 34

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is the connection between weights and measures and Amalek?

The Netziv offers a creative solution based on a gemara in Bava Batra 88b.

The gemara compares the transgression of using false weights and measures to giluy arayot (promiscuous activity) and determines that in fact avon mishkalot (false weights and measures) is a worse transgression. How are we to understand the comparison? Why is the use of false weights a more severe transgression than giluy arayot?

In general, there are three root driving forces that cause one to commit a transgression. The first is a temporary lack of divine clarity. One forgets or ceases to recognize that Hashem is by his side and witnesses one's every move. It's a lack of comprehending: shivisi Hashem l'negdi tamid. Second, one acts due to an uncontrollable desire or taavah, focusing on the pleasure of the moment. Third, one acts out of anger towards another, violating a transgression bein adam lachaveiro, unable to refrain oneself from an undesirable action or reaction to another.

The Netziv suggests that these three forces are representative of the three cardinal transgressions. Avodah zarah continued on page 46... (idolatry) occurs

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SCHEDULE NOTES

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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 Hillel Ruvel Gemara Shiur Masechet GITTIN Please note: Regular shiurim: 25NIS members 30NIS non-mem • 10NIS Life One-time shiurim and mini-series 25NIS members and Life Members 30NIS for non-members unless otherwise indicated Discounted zeiqihxk (punch cards) available at the front desk and valid for all shiurim and classes (as are Courtesy Cards)

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10:00am - L'Ayla Mrs. Sylvie Schatz Yonah: The Limits of the Human Condition 10:15am 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 Who decides if I'm a Tzadik? www.rabbisprecher.com 8:00pm • no charge Rabbi Mordechai Machlis

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due to a lack of Emunah and recognition of Hashem.

Giluy arayot (promiscuous activity) occurs when one cannot control his or her desires.

Shefichat damim (murder) occurs when one acts out of uncontrollable anger. continued from page 34...

What's the worst root cause of a transgression? The first one, lack of emunah, lack of recognition that Hakadosh Baruch Hu is always by our side.

Which of the three root causes is the driving force behind dishonest weights and measures? On the surface, one may conjecture that it is the third category â&#x20AC;&#x201C; a violation against another. Yet, in actuality, setting up a system using false weights and measures to deceive others exemplifies a lack of Emunah. One forgets that Hashem knows the actual measurements. In fact, when the directive to use accurate weights and measures is presented in Parshas Kedoshim (Vayikra 19:36) we are reminded that Hashem took us out of Egypt. What is the relevance of yetziat mitzrayim to the use of precise weights and measures?

Several commentators explain that during makkat bechorot, just as Hashem was able to distinguish between a first born Egyptian child and a Jewish child, so too Hashem can discern between precise and inaccurate weights and measures. Since using false weights and measures shows a lack of faith in Hashem, it is viewed as a more severe transgression than committing an act of murder.

Now the connection to Amalek is clear.

The numerical value of Amalek (gematria) is 240 which is the same numerical value 46

TORAH TIDBITS / KI TEITZEI 5779

of safek (uncertainty). Amalek tried to instill uncertainty in the world. They wanted to illustrate that there is no divine decree, rather everything happens by sheer circumstance.

What transpired in Egypt was not miracles performed by the Almighty, but natural phenomena.

Amalek wanted to show the world that they could defeat the Jewish nation to underscore that there is no G-d above who is affording the nation special protection.

Their entire mission was to instill safek into the world and to challenge Emunah and faith in Hashem.

The Netziv points out that in Parhas Beshalach, immediately preceding the story of the war of Amalek, the pasuk states: Hayesh Hashem B'kirbeynu im Ayin.. Vayavo Amalek. When there is a lack of belief and understanding that Hashem is with us, that is when we will experience Amalek. A lack of faith will yield a confrontation with a group that personifies a lack of faith.

Both Amalek and one who uses false weights and measures demonstrate a lack of Emunah. During this time of year, leading up to the yamin noraim, we are told that Hashem is especially close to us. To describe this unique time, Chazal use the phrase - "Hamelech Basadeh" â&#x20AC;&#x201C; the King leaves his palace and enters the field. This is the time to strengthen our commitment to Torah and our Emunah and Bitachon. To focus on our tefillos and recognize Hashem's presence in our daily lives. May we all be zoche to a ketiva, v'chatima tova!

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REBBETZIN SHIRA SMILES Faculty, OU Israel Center

Mitzvah Mindfulness

B

urdens or blessings? Or a bit of both? How do we view the myriad mitzvot that seem to dictate every aspect of our lives from the moment we awaken to the moment we go to sleep?

Rav Gedalyah Schorr in Ohr Gedalyahu quotes the midrash that describe mitzvot as ‘livyat chen l’roshechah’, an accompaniment to one’s head. The head represents the root of a person, one’s core. Mitzvot are meant to connect us to our spiritual essence. Our lives are full of distractions, it is easy to forget that we are in this world to create spiritual meaning and bring to the fore Hashem’s Presence in this world.

Hashem, therefore, in His kindness, gave us mitzvot at every juncture to keep us focused and connected. There is a mitzvah linked to practically every act that we do that directs how we think, speak and act. “Ohr zarua latzadik”; Hashem planted a light in each mitzvah enabling us to feel this spiritual energy in every circumstance.

Mitzvot are not tasks to be performed, rather acts that need to be experienced, notes R. Imamuel Bernstein in his Sefer

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Aggadah. So often we look at mitzvot like a checklist that must be ticked off; brachot and brushing one’s teeth seem to fall into the same category. It is therefore no wonder why this spiritual light does not ignite us and one can be a fully practicing Jew yet feel spiritually hollow.

Rav Uri Weissblum in his sefer Hea’art Derech, offers an approach to alleviate this dilemma. He suggests one secret weapon that can radically change how we view mitzvah performance; that is ‘hachanah’, preparation. One can’t compare someone who ‘falls into a mitzvah’ to one who reflects on what he is doing prior to acting. Imagine someone who, looking at his watch, exclaims, “Oh! Five minutes until shekiah!”, and quickly grabs a siddur to daven minchah.

Compare this to someone who sits and thinks about all he has to be grateful for during the day, then picks up a siddur to address Hashem and express his intense gratitude. Jumping out of the shower, yelling final last-minute instructions, and quickly lighting candles can’t compare to one who is sitting calmly on the couch saying tehillim, or reviewing the parashah before lighting.

When we take those few moments to think about what we are doing, we are allowing ourselves to become spiritually

connected, thereby releasing a flow of spiritual energy. Indeed, our entire lives we are preparing for the next world; the more we learn the art of preparation, the more we are tuned into our spiritual mission.

Burden or blessing? Take a moment before doing the very next mitzvah that comes your way; stop, focus, appreciate the opportunity to connect. The effect will illuminate.

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RABBI JUDAH MISCHEL OU NCSY Mashpia

Elul: Getting the Message

R

ebbe Moshe of Kobrin zy’a related the following story: Reb Mordechai of Lechovitch once entered an inn in the late summer, in the waning days of the Polish harvest season, the beginning of Elul. There he saw a group of peasants sitting over their drinks, and he heard one say to his friends, “You know, if you don’t work hard this month, you will lack food all year!” The tzadik Reb Mordechai was visibly shaken, turned to his chassidim and cried out, “Chevreh, do you hear what he said?!”

The Gemara (Chagiga, 15a) tells us that each day a Bas Kol emits from Har Sinai, calling out Shuvu Banim Shovavim, “Return wayward sons!” The Divine call can be heard from within, in the form of our conscience, an inner voice beckoning us to do the hard work of Teshuvah, providing blessings for ourselves, our families and communities, for the entire coming year. This call can also be expressed and refracted in the world around us….

During the days of Chodesh Elul, a travelling cobbler once passed through

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Berditchev, offering his services to repair shoes and calling out, “Does anyone need a Tikun?” Rebbe Levi Yitzchak zy’a took the announcement to heart. With a fire of excitement and joy in his eyes, he beckoned his Talmidim and whispered, “Do you hear what the cobbler is saying?

Friends, it’s Elul! We are being invited to make a Tikun, to do Teshuvah!”

When the Meraglim made their way to the land of C’naan to spy out the situation on the ground (Bamidbar 13:2), Targum Onkelos translates the directive issued in the pasuk as Shelach Guvrin v’y’Elulun Arah d’C’naan, “Send forth men to examine the Land of C’naan.”

Their instructions were to look, listen, search out and “examine” the territory.

Beyond this verse’s imperative to assess the topography and military abilities of the dwellers in Eretz Canaan, the students of the Baal Shem Tov point to the word y’Elulun and see the root of the word Elul. This implies our responsibility in these days to make a Cheshbon haNefesh, a comprehensive ‘examination’ and analysis of our inner world and Service of G-d.

Our lives are filled with opportunities to draw closer to Hashem, to strengthen our Kesher, our spiritual connection, to focus our lives and attach ourselves to the

Ribbono Shel Olam. But perhaps more so than any other time of the year, Elul is a time to pay attention to the seemingly mundane messages that we encounter everywhere around us. During this special month, everything we hear is a Divine call.

Ki Teitzei, “When you ‘go out’ to engage your enemy….” The opening verse of our Sedra is a itself a Divine call: “Go out” — ‘adopt a proactive stance in your battle to live with the Ratzon Hashem.’

Rav Avraham Eliyahu Kaplan zt’l (d.

1924) was a talmid of Slabodka, and Rosh Yeshiva of Hildesheimer Beis Medrash l’Rabbanim in Berlin, who passed away at the young age of 34. Rav Avraham Elya zt’l was a fascinating, broadminded Torah personality and genius, who wrote on a wide range of topics, from classic Rabbinic works, to Kabbalah and poetry. In a moving letter describing his experience of Elul in the Yeshiva of Slabodka, Rav Avraham Elya zt’l reflected on the essence of the month: Omnom, Ha’im Doresh Elul Ani? “Indeed, am I a seeker of Elul?”

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It is not enough for us to sit back and await the call to Teshuvah. We must be “seekers” we must actively seek out ways to be inspired, to reconsider the direction of our lives and to return deeper and deeper into wholeness with Hashem.

“Do you hear...?” From the daily Shofar blasts to conversations at work, at home and on the way, may we be open and willing to seek, to listen, and to hear Elul calling out to us: Shuvu Banim, ‘Return, return, O beloved children of the King!’

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SIMCHAT SHMUEL

RABBI SAM SHOR

Program Director, OU Israel Center

O

ur sedra this week includes the instruction to build a fence or railing around the rooftops of our home: ki tivneh bayit chadash, v'asita maakeh legagecha.

The mitzva to affix a railing on the roofs of our homes seems like a very straightforward safety instruction.

However, if this mitzva is indeed solely about safety, why does the verse specifyki tivneh bayit chadash- when you build a new home-Shouldn't this mitzva apply under all circumstances?

Furthermore, why specifically on the roof, what about other areas of potential danger, for example a steep ravine on our property, or a swimming pool,etc? Might there be more to this instruction than simple safety considerations?

The Chasidic Masters point out that Parshat Ki Teitzei is always read in

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Chodesh Elul. During these days of Elul, we are preparing ourselves for Rosh HaShana. Rabbi Yaakov Yosef of Polnoye, the Toldot Yaakov Yosef zy'a, explains that if we wish to rebuild ourselves, to prepare for the new year emotionally, it begins with safeguarding our proverbial personal rooftops-clearing our minds of any inappropriate thoughts, and getting to the proper head space for that new beginning-we must build a proverbial fence around our minds- to only let in that which is appropriate, and protect against outside influence.

The Netivot Shalom, the Slonimer Rebbe zy'a, suggests that this interpretation offered by the Toldot Yaakov Yosef, is indeed the level of protection we need to seek as we begin to build for the new year.

Rabbi Moshe Wolfson, shlita further elaborates and suggests that all the spiritual

work and growth we seek to accomplish during these days of Elul and subsequent days of the Chagei Tishrei, need to be the impetus for sustained spiritual growth for the entire year. Each year as one year draws to a close and we transition into the proverbial bayit chadash new home of the coming year, we need to hold tight, to build a railing or protective fence around the growth we have hopefully achieved during these days of Elul and Tishrei, so that we may sustain this growth throughout the coming year.

May each of us be blessed to both ascend and grow spiritually in the days ahead, and to hold strong to that growth in the year ahead.

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RABBI AARON EDITOR, TORAH TIDBITS GOLDSCHEIDER

The Mother Bird & How to Pray It is one of the Torah’s most curious laws: The commandment of Shiluach HaKein, ‘To shoo away the mother bird.’ The Rambam, in his Moreh Nevuchim, (‘Guide to the Perplexed’) claims that its rationale is based on compassion (III: 48).

The mother bird has an inordinate love for its young which extends even to the eggs. Even though she sees only an inanimate object before her, and one which bears no resemblance to her, the mother bird dedicates herself with utter devotion.

She roots on them for weeks, barely eating and drinking herself, keeping them warm all the time, until the day she at long last sees her chicks emerge from the shell.

It follows that her anguish must be enormous when the object of her devotion is taken from her. This is why the Torah repeats the words -“the young birds or the eggs”- twice: to indicate that the bird’s love for her young is strong even when the offspring are merely lifeless beings.

The mother bird must be sent away.

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taking the young serves to minimize her distress seeing her young being taken away.

And yet, surprisingly the Sage of the Mishnah issues a ruling which differs with this position: “If someone says [in his prayer] ‘even to a bird’s nest Your mercies reach,’ he must be silenced, for [this mitzvah is not mercy] but the King’s decree” (Megillah 25a). In other words, the Torah’s mitzvot are beyond human grasp and should be accepted to be only God’s will.

It is not a time for conjecture and sharp analysis. When we pray to God our goal should be closeness with our Creator

Notably, Rambam codified this law in his Mishne Torah and offers a fuller explanation in his Commentary to the Mishnah: “One who says this is to be silenced, since he is saying the reason for this commandment is that God’s mercy is on the birds. But this is not so, for were it a matter of mercy, He would not have allowed the slaughtering of animals at all: rather this is an accepted commandment without

a reason being given.” (Commentary to the Mishnah, Berachot 5:3).

An obvious difficulty arises: Why does the Rambam hold the view in some of his writings that the mitzvah is not related to compassion and yet in his Moreh Nevuchim he suggests the opposite; namely, that indeed, the mitzvah is based on compassion?

Rav Avraham Yitzchak HaKohen Kook zt”l offers a unique clarification. He softens the explanation of the Mishnah. Take note of the language of the Mishnah: “If someone says in his prayers…”. It is only in the context of prayer that it is forbidden to link the mitzvah with compassion.

However, when one is studying Torah and engaged in elucidating the essence of

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the commandments, there is ample room to speculate about the rationale for the commandments. Prayer is very different.

It is not a time for conjecture and sharp analysis. When we pray to God our goal should be closeness with our Creator and unconditional devotion to fulfill His will.

(Ein Aya, vol. 1, chap.5, par.104).

In a word, there are two distinct areas of service to our Creator: Torah study and Prayer. Investigation and in depth analysis is central to Torah study. Purity of heart and clarity of the mind is our modality when engaged in prayer.

Rav Kook penned the following words expressing this notion: ‘Proper prayer results only from the thought that in truth the soul is constantly praying. She longs for and flies to her Beloved without cease...this is the delicacy and loveliness of prayer. She is likened to a rose who opens her beautiful petals to receive the dew of the sun’s light rays.’ (Siddur Olat Reiyah, Introduction, translation from Betzalel Naor’s Rav Kook Siddur).

‫"שבשעת התפילה המעשית הרי התפילה‬ ‫ וזהו עידונה‬.‫הנשמתית התדירית הוא מתגלה בפעל‬ ‫ שהיא‬,‫ של התפילה‬,‫ הדרה ותפארתה‬,‫ועינוגה‬ ‫מתדמה לשושנה הפותחת את עליה הנאים לקראת‬ ".‫הטל או נוכח קרני השמש המופיעים עליה באורה‬ )‫ דף י"א‬,‫(סידור עולת ראיה‬ It is not uncommon to find people, even very observant people, studying Talmud or other texts during prayer.

Humorously, some have suggested that ‘chazarat hashatz’ be renamed ‘chazrat HaShas’ (‘reviewing the Talmud’). Rav 56

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Moshe Feinstein zt”l (1895-1986), one of the greatest deciscors of Jewish law, was asked if it is permissible to learn Torah during ‘chazarat hashatz’, the repetition of the amidah (Iggrot Moshe, Orach Chaim 4:19).

Interestingly, Rav Moshe enumerates three reasons why this practice is wrong.

A) At least ten men need to be attentive to every word of the amidah. If people are learning you may have less than a minyan attentive. B) All of those who are present are obligated to pay attention to the end of each blessing and answer ‘amen’. C) Even if the first two conditions are met, others who are present may misunderstand and assume that all learning is permitted.

These are the various halachic concerns. Presumably, Rav Kook would add another crucial element. Even engaging in Torah learning disrupts the very point of prayer; it impinges on the purity of emotion and the soulful aspirations that we set out to actualize during these sacred moments.

Rav Kook cited the following Tamudic dictum that corroborates this thesis: “Zman Tefillah l’chud u’ zman Torah l’chud”, “The time for prayer is separate from the time for studying Torah” (Talmud Shabbat 10a). Torah study and prayer are two of the most natural and potent paths toward deepening a relationship with the Almighty. In order to reap their cherished rewards each requires their very own mindfulness and wholehearted attention.

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

T

abandonment? Do we not, even today, have a fear of the unknown? Do we not wonder what will be tomorrow, in a few years, in the more distant future?

One of the most potent lines of the Haftarah reads, “For just a tiny moment I abandoned you/ but with great compassion I will gather you up.” How many times, on both a personal and national level, have we felt that sense of

In truth, however, we see the Ge’ulah unfolding before our eyes. We see desolate cities resettled, to cite the words of the prophet. We cry out to Hashem in our Elul prayers: “Hide not Your face!”

– But we proclaim, “For in the day of trouble He will hide me in His pavilion... and my head will be lifted above my enemies” (Psalm 30). Moreover, in these days when ‘The King is in the field,’ we take solace from Yeshayahu’s prediction that “My devotion to you will not waver/ and My Covenant of Peace will not collapse/says He who shows compassion to you – Hashem.”

his week we read the fifth of the Haftarot of Consolation, following on from Tisha B’av. The Haftarah (Yeshayahu 54:1-10) is poignant and stirring. The prophet addresses a people that was exiled and now lives with uncertainty. The prophet is speaking to an audience that was oppressed and to a city, Yerushalayim that was abandoned.

Yeshayahu could have been talking to us or, more precisely, to our parents and grandparents who survived the horrors of the Second World War but had the merit to see Yerushalayim rebuilt.

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FROM THE VIRTUAL DESK OF THE

RAV DANIEL MANN

OU VEBBE REBBE

Missing a Key Word from Al Hamichya Question: Unfortunately, I did not look at a siddur last night when reciting Al Hamichya. I made a couple mistakes along the way, and I remember specifically leaving out the words “al ha’aretz” in the chatimah (end part). Was I yotzeh?

Answer: Indeed, it is important to either know Al Hamichya very well or have access to its text in writing. But everyone makes mistakes sometimes, so let us see whether leaving out the words “al ha’aretz” (the Land) invalidates the beracha.

Al Hamichya’s generic term is Me’ein Shalosh, which also covers the beracha acharona on prominent fruits of Eretz Yisrael and wine. The term means “similar to the three,” i.e., the three (main) berachot of Birkat Hamazon. A baraita (Berachot 48b) derives from the pasuk about Birkat Hamazon that the three berachot need to cover three elements: 60

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the food Hashem gives us; the Land He has given us; Jerusalem, for whose rebuilding we pray. Me’ein Shalosh, the abridged Birkat Hamazon, also includes these elements, with overlapping language. In Birkat Hamazon, if one missed an entire beracha or even a crucial element of one, he needs to repeat Birkat Hamazon (Shulchan Aruch, Orach Chayim 188:3-4; see Mishna Berura 188:8). Does the same apply to your omission of Eretz Yisrael in Me’ein Shalosh?

The first thing to note is that it is likely that you referred to Eretz Yisrael earlier in the beracha (eretz chemdah tova u’rechava sheratzita …). Me’ein Shalosh is one of the berachot that ends with a short beracha that encapsules the whole beracha (see Berachot 11a).

Since the Land is a focal point of the pasuk, of Birkat Hamazon, and of Me’ein Shalosh, it makes sense that if it is missing, the beracha is invalid.

In general, the end of the beracha is critical, and very possibly more so than the rest of the beracha (the matter is complex – see Berachot 12a; Shulchan Aruch, OC 59:2 and Bi’ur Halacha ad loc.). In this case, it may also help that right before the end of the beracha we say “nevarechecha aleha …,” blessing over the Land. Realize also that while there is a beracha dedicated

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.

to Yerushalayim, it is not found at the end. In fact, it is problematic to end off a beracha on more than one theme.

The gemara (Berachot 49a) therefore connects the Land and the food by saying that the land produces the food.

Therefore, it should not be surprising if b’di’eved, leaving out “al ha’aretz” would not invalidate the beracha.

Indeed, the Magen Avraham says (208:17; the Mishna Berura 208:55 and others agree) that if one does not mention the Land at the end, he is yotzei. His proof is from Tosafot (Berachot 44a), who deals with two versions of the ending of Me’ein Shalosh for wine: some mention “gefen” and “pri hagefen” and others mention “ha’aretz” and “pri hagefen.”

The Magen Avraham infers that the question is which is better, but that the first version would certainly be valid b’di’eved. It is possible to claim that he only refers to Me’ein Shalosh on wine, but most understand him to be talking generally (see V’ten Beracha 20:(56)).

It is likely that these lenient opinions are based on the fact that the Land was already mentioned. However, one can argue that, b’di’eved, Eretz Yisrael can be left out totally. The Shulchan Aruch (ibid. 17) says that if one recited the first

beracha of Birkat Hamazon instead of Me’ein Shalosh for wine or dates (which are filling), he fulfilled his obligation.

Since that beracha makes no mention of the Land whatsoever, we seem to see that it is not that critical to the beracha acharona. The Bi’ur Halacha (ad loc.) says that this is more understandable if Me’ein Shalosh is only a Rabbinically mandated beracha. On the other hand, the Chazon Ish (OC 34:4) says that what would work for a proper first beracha of Birkat Hamazon would not work for an improperly recited Me’ein Shalosh that omitted the Land or Yerushalayim (presumably he would agree with the Magen Avraham as presented above).

For one reason or another, if the only serious mistake you made in Al Hamichya is what you mentioned, it was valid b’di’eved.

Having a dispute?

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

Which Gene to Choose?

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ast time we discussed the level and definition of the doctor's expertise and how this influences the doctor's responsibility and liability.

The licensed doctor has jurisdiction and permission to administer regular medical treatment even if there is a chance that the treatment will cause damage. But genetic therapy is a novel procedure which has not undergone extensive testing and the potential harmful effects are not yet known.

There is another problem with genetic therapy in that we are choosing and selecting certain genetic traits that we consider desirable and others that we reject. This is true whenever we make a decision to use and discard a fertilized egg due to unwanted genetic

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abnormalities. Determining that a certain trait is a positive one and another is negative is a judgement call, preceded by an assumption about what is normal and, thus, what is abnormal.

When dealing with a life-threatening disease that can be eradicated using our current genetic knowledge the decision is relatively easy. The couple and the doctor involved will be willing to do anything that is possible to ensure that any children conceived and born will not suffer unnecessarily.

But there are many cases that are more complex and not so clear cut. The more our knowledge of the workings and intricacies of genes and the genetic code the more questions arise. We can accurately predict a variety of diseases and genetic conditions, but the decision as to whether to "choose" or "discard" these traits is not written into our genes.

The Talmud records cases of scholars who were blind, deaf, lame and afflicted with other serious ailments. If we eradicated all unwanted traits these

scholars would never have been born and the Jewish world would have been poorer for this.

In addition, the Gemara appears to making a very critical point; other religions may present their religious leaders as perfect in every way and without any blemish. We do not do so; rather we see the greatness of Moshe despite his stutter, the erudition of Rav Sheshet and Rav Yosef regardless of their blindness and the myriad number of Torah scholars who suffered from depression, infertility, short lives and other ailments are no less wise and are still to be emulated.

The message is clear; we do not want perfection and we do not degrade nor despise those with genetic abnormalities.

If we declare genetic condition A to be unacceptable what is the message that we are conveying to the people that carry such a genetic condition? What is the message to their family? More on this next week.

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RABBI BEREL WEIN Rav, Beit Knesset Hanassi, Jerusalem

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his week’s Torah portion deals with many different issues of human behavior and family relations.

We are all aware that the relationships between parents and children, as well as those between other relatives in the same family, are often difficult ones and fraught with potential danger, frustration and tragedy. People within a family are very capable of disliking and even hating one another in spite of their biological and social connection and basic fabric.

This is because we’ve been the basic family structure there exists a bond of love between the members of the family that is natural and quite strong. And any time strong love is present in the situation, the possibility of strong hate always lurks in the background. Precisely because children love their parents they therefore feel justifiable in holding those parents to unrealistic standards of behavior and attitude. And since the parents fall short of such absolute perfection, therefore the resentment towards them can become so great. That often leads to awful family disputes and tragedies. Statistics show over and over that most murders occur between perpetrators and victims who are related or know each other well, and they have experienced disappointment and how the other treated them. There are many theories present as to how to properly raise children and create tranquility and harmony within the family unit. But as is

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true in almost all areas of life, one size does not fit all, and it is difficult to generalize from the individual case into any simple rule. Because of this, it is obvious that every family must sort out its relationships and affairs on its own, and that very rarely, if ever, can any outside source, no matter how wise or professional, solve the problems and workings of the family unit.

We can only do the best that we can, to the limit that we are able physically, emotionally and intellectually possible.

From the narrative that appears regarding the rebellious son – a narrative that, according to one opinion in the Talmud, is to be treated only as a metaphor – it is clear that we are being taught that there are instances when no logical or rational solution is present or possible.

It is difficult for us in our time, when we believe that we have unlocked so many doors of mystery and science, technology and medicine, to somehow have to admit that there are basic human problems that exist within family relationships that we are powerless to solve on our own. Later in the Torah we will read that that there

are many hidden things in human life that only Heaven can deal with, and somehow eventually make them right. We can only do the best that we can, to the limit that we are able physically, emotionally and intellectually possible. There is no question that this limitation upon our omnipotence is very frustrating, especially to modern humans who believe that they are capable of everything. We are truly limited, and by realizing this limitation, paradoxically we are able to accomplish more than we thought was possible in times of difficulty and misunderstanding. But eventually we know that we must rely upon the God that infused us with life to help us solve all difficult situations, and to be able to accept that God's will wield be done.

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

Is it a Mitzvah to Vote in Israel's Elections?

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efore the elections for the First Knesset in January 1949, a number of leading rabbis issued a ‘Kol Koreh,’ urging their flock to participate and stating that it is a “mitzvah to vote!”

The Belzer Rebbe, Rav Aharon Rokeach, was approached by one of his chassidim who asked, “Is it really a mitzvah? A mitzvah like eating Matza?” The Belzer Rebbe thought for a moment and quipped, “Maybe more like eating Maror!” (See Yosef Israel, Rescuing the Rebbe of Belz, p. 497).

The current Knesset, elected on April 9th, was disbanded less than two months later after Prime Minister Netanyahu failed to form a governing coalition. This is the first time in Israel’s history that two elections will be held in the same year, with new elections scheduled for September 17th.

For many frustrated Israelis, voting a second time feels like 'eating Maror.' But is

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participating in Israel's electoral process just a mere civic duty, or is it a mitzvah?

The Torah commands: "You shall surely set over yourself a king whom Hashem, your G-d, shall choose..." (Devarim 17:15). In fact, according to the Rambam, appointing a king is one of three mitzvot to be fulfilled upon entering the Land of Israel (Sanhedrin20b; Sifrei, Re'eh; Rambam, Hilchot Melachim 1:1; Sefer Hamitzvot, Aseh #173).

But what about electing a body to govern the modern State of Israel?

In a Teshuvah written to Rav Shlomo Zalman Pines in 1916, Rav Avraham Yitzchak Kook defends the creation of a modern democratic state in Israel, even without a king or Sanhedrin (Mishpat Kohen 144).

Rav Kook argues that in the absence of a Sanhedrin or a prophet, a king can be appointed by “consent of the Jewish Nation” (See also Radbaz to Radbaz to Hilchot Melachim 3:8, who also assumes a king can be appointed by the consent of Israel). Rav Kook continues and writes, “When there is no king, since the laws of government concern the general welfare of the Nation, the rights of government return to the Nation.”

According to Rav Kook, the Jewish People

have the right to self-determination, and have the authority to create a government at all times. He goes as far as saying that “any lawmaker that arises in Israel has the status of king concerning governing the state.” He cites Rambam (Hilchot Sanhedrin 4:13), who rules that the Exilarch (Reish Galuta) in Babylonia had the status of king, and writes, “all the more so when there are leaders chosen by the Nation when she is in her sovereign land.”

Based on the above, it would appear that according to Rav Kook, electing a body to govern over the Jewish Nation is indeed a fulfillment of the mitzvah to appoint a king. (See also Rav Shaul Yisraeli, Amud Hayemini, 7).

In addition, the Torah (Devarim 16:18) instructs us to "appoint judges and officers in all your cities," establishing a just and equitable society. This mitzvah includes creating a central supreme court and local district courts, as well as officers to enforce the law. Without a government, there would be total anarchy.

The Mishnah (Avot 3:2) states: “Rabbi Chanina, deputy High Priest, said: Pray for the welfare of the government, for were it not for fear of it, people would swallow one another alive." A democratically elected government ensures that no one "swallow one another alive."

Among the many contemporary authorities who rule that it is indeed a mitzvah to vote are Rav Shmuel Eliyahu, Rav Shlomo Aviner, Rav Ratzon Arusi, and Rav David Stav.

Voter turnout for Israel's first elections in 1949 was 86.9%, but recent years have seen a significant decrease. In September, only 68.5% of those eligible voted, and it is anticipated that voter turnout will be even lower this election. With so many crucial issues hanging in the balance safety and security, education, economic stability, to name just a few - it should be a sin not to vote!

In His great kindness, Hashem has granted us the the zechut to establish a State in our ancestral homeland.

Exercising our civic duty by voting is an opportunity and an obligation to build the Jewish State together, and ensure a bright future for our children and their children.

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The Xed out noose is NOT the hanging that is meant in Ki Teitzei - rather it is the hanging of the body after execution • Soldier in a tank represents the many times "army" issues are mentioned in the sedra - The Beautiful Captive, the cleanliness of an army camp, exemption from service for a groom for the first year of marriage, destroying Amalek... • Warning lights to prevent someone getting injured from a hazard in one's property - the flip side of MAAKEH • Boot is for CHALITZA and the whole subject of YIBUM • Nest with eggs results from the mitzva of Shiluach HaKen • Couple under CHUPA stands for several topics related to marriage • Hands taking money out of wallet = different monetary mitzvot in the sedra - not to borrow with interest, to pay a laborer on time, fulfill one's pledges... • Cluster of grapes on top of a stalk of wheat to represent K'LAI KEREM • Garden spade is the YATEID, digging tool, that is required of soldiers to have and use for hygienic "bathroom" • Toilet is for requirement of having sanitary facilities outside an army camp • String around finger is for the various mitzvot to remember - what

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happened to Miriam, being in Mitzrayim, Amalek • The grave-marker is for the mitzva to bury our dead, and reasonably quickly • The donkey = many references to either donkey or other animal. The donkey gets lost, he is overburdened, he cannot pull a plow with an ox... • Barbells with different weights on each end represents false weights and measures. Forbidden even to possess • Aardvark and giraffe are tied together is a Torah violation of plowing with an ox and a donkey together • Timeclock = paying the worker on time, and also the mitzvot related to workers' & employers' rights, as well • Purim grogger stands for ZACHOR and especially wiping out Amalek • KEY = KI, the word that starts the sedra off and appears 50 times (including twice V'CHI) • Apple tree can be for the rules of SHICH'CHA or the location of a nest, or for the rules to allow apple pickers to eat during their breaks • T'filin are not mentioned in Ki Teitzei. Here it refers to the prohibition of a woman's wearing K'LEI GEVER, men's apparel - according to Targum Yonatan Ben Uziel • Pawn = "Something given as security for a loan...", which is in the sedra • Xed out cat-o-nine-tails. MAKOT, whipping, punishment for many violations, was with a broad leather strip meant to hurt but not cut • Goldfish and a dog = a pair of pets or parapets meaning MAAKEH (groan) • Upper-right, murex trunculus from which T'cheilet is made, for G'DILIM TAASEH LACH... • Bubble bath for KETZEF

in haftara • Dove with olive branch for MEI NO'ACH in haftara • TAGIM for SHAATNEZ (GETZ) • The eye whose eyelashes were being applied with mascara represents the prohibition for a man to wear a woman's dress. SIMLAT ISHA does not only mean women's garments, but it also prohibits other things that are recognized as things women do and men generally do not (can also represent what the Y'FAT TO'AR does not due during the month) • Gorilla for sale: The Torah prohibits M'CHIR KELEV, which means that if a dog was "sold" by exchanging it for one or more sheep (or goats, doves...), the animals that are M'CHIR KELEV are not usable as korbanot - maybe gorilla too • Paying a taxi fare is fulfilling B'YOMO TITEIN S'CHO-RO... • flowers at bottom are flax plant • Flower in the middle? Forgetme-not, as in LO TISHKACH. Final words of the sedra • one Unexplained

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BY RABBI EPHRAIM SPRECHER Faculty, OU Israel Center

Rosh Hashana’s Enigma – Fearful with Joy

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n the Torah, Rosh Hashana is called YOM TERUA (a day of blowing the horn: Numbers 29:1). Although horns are generally sounded on joyous occasions, here the horn or, more specifically the shofar signifies a solemn holiday, when we are all put on trial. We all stand before the Supreme Judge - G-d! This heavenly trial continues for 10 days until Yom Kippur.

On Rosh Hashana, according to the Mishnah in Rosh Hashana, "all inhabitants of the earth pass before Him [G-d] like sheep (kivnei maron)." Our heavenly Shepherd, G-d, counts each and every one of us, determining what our fate will be in the coming year. This statement is the basis of the well-known piyyut, "Unetaneh Tokef," which is recited on Rosh Hashana and Yom Kippur. This Piyyut includes the moving words "Who will live and who will die, who will rest

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and who will continually wander."

Obviously, Rosh Hashana doesn't appear to be a joyous holiday. How can we rejoice if we are passing under the staff of our Heavenly Shepherd and do not know what the future holds? We are fearful and tense; thus, on this holiday, the Talmud informs us, we do not recite the Hallel – the song of praise that is part of the liturgy on Jewish festivals: "The ministering angels said to G-d, 'Master of the Universe, why does Israel not sing a song of praise on Rosh Hashana and Yom Kippur?' 'While the King sits on His throne with the Book of Life and the Book of Death open before Him,' G-d replied, 'can Israel sing a song of praise?'" (Talmud Rosh Hashana) However, if we take a look at the different versions of this Mishnah in Rosh Hashana, we can suggest that perhaps the text should read not Kivnei Maron, but rather kivinumeron – like battalions parading before the King.

This interpretation changes the meaning of the Mishna dramatically. Accordingly, we are not only on trial, but rather we are participating in a military parade to celebrate a joyous occasion – namely the coronation of G-d as King of the entire universe. Thus, we can say that Rosh Hashana is actually concerned primarily with crowning G-d anew as our Heavenly

King, and that we must sound the shofar in joy to honor His coronation. We must stand proudly before G-d as soldiers, and declare with utmost solemnity the fact of His dominion.

The above interpretation explains why on Rosh Hashana we do NOT recite Selichot – the penitential prayers we recite before Rosh Hashana and through Yom Kippur, in which we ask G-d to forgive our sins. Accordingly, we can see that Rosh Hashana has two very different, seemingly contrary aspects. On the one hand, we fear the King's judgment and, on the other hand, we stand tall before Him as soldiers in His heavenly regal army.

These two elements may seem to be contradictory, but together they give Rosh Hashana its unique character. During its two days, we are BOTH fearful and proud. We find this combination in the Torah: "you stand this day all of you before Hashem your G-d, your captains of your tribes, your elders, and your officers, with all of Israel" (Devarim 29:10). Rashi cites a Midrash that connects the beginning of this Torah reading with the end of the previous parsha.

In the latter is a terrifying description of our fate should we disobey G-d: disease, pogroms and holocausts, a life of constant fear. Rashi states: "When Israel heard all of the 98 curses, their faces were pale as

chalk as they asked Moshe, 'How will we be able to go on living, now that we have such knowledge of what might befall us?' Moshe comforted them, saying, 'You stand this day all of you before Hashem your G-d – although you have angered G-d in the past, you have survived to this day. Take heart.'"

Each year we look back on the previous 12 months and fear the consequences of our past actions, not only at the personal level, but at the national level as well. Our "bank balance" of good deeds and bad is frightening. The blowing of the shofar is unnerving. Yet, our anxiety is countered by the knowledge that we have survived for close to 3500 years as a nation despite persecutions and holocausts.

Rashi ends his interpretation of the above verse with an emphasis on the word hayom (this day): “The Torah says, ‘You stand this day all of you before Hashem your G-d.'

Just as day never ends, but constantly passes from darkness to light and back again, similarly, G-d has shone His light upon you in the past and will continue to do so in the future. The curses and the suffering enumerated here help maintain you and they cause you to stand erect and proud before Him." (Devarim 29:10) I will end with the traditional blessing: "May this year and its curses end and may the New Year with its blessings now begin."

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RAKEL BERENBAUM PORTION FROM BY Contributor, Torah Tidbits THE PORTION

Lots of Mitzvot

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lul. The time of year, when we try to ready ourselves for the upcoming holiday season. It’s a perfect time to pursue more mizvot. This week’s portion gives us the opportunity to learn more about many mitzvot. It contains 27 positive commands and 47 negative commandments - more than in any other portion. These include mitzvot between man and man , and others between man and God. Laws related to society as well as those for the individual. Other mitzvot in this week’s portion relate to the home and others related to the fields. As it says in Pirke Avot,

‫"רצה הקב”ה לזכות את ישראל לכן הרבה לו תורה‬ ””‫ומצות‬ God wanted to give us many opportunities to get merits so He gave us Torah and many mitzvot.

Which mitzva should I write about this week? Two especially caught my eye with my summer vacation still in my head. The first one that jumped at me is the laws relating to the fruit picker (23:25-26). In the summer by using the SunDo App, we found an Israeli farmer 72

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who needed help in his fields and we went to help pick squash. Working hard picking fruit or vegetables one can get very hungry. The Torah tells us that a worker who works in a vineyard can eat as many grapes as he needs to satisfy his hunger, but must not take grapes and put them in a container ( to take home).

It’s hard to eat dalorit while in the fields, but after helping the farmer we worked for insisted that we take home some dalorit, pumpkin and melon.

The worker shouldn’t have to see and touch appetizing fruit and not be able to eat any of it.

The Torah says the worker can eat “kenafshecha sove'khah”. Rashi explains “ke-nafshecha” - as much as you want “Sove’khah” but not gluttonously.

Nechama Leibowitz points out that the Torah is trying to protect both the laborer and the field owner. The worker shouldn’t have to see and touch appetizing fruit and not be able to eat any of it. The farmer shouldn’t be exploited by gluttons. The Mishnah detects a

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practical purpose for this law as well. “ to teach a man not to be so gluttonous as to close the door against himself” ( Baba Mezia 7,5). This advice is to protect the laborer who, may be tempted to satisfy his appetite at the moment, but who may never be rehired since he eats more than his work is worth.

The other mitzvah is related to the Jewish army. The verses (23:10-15) say that when the army goes out as a camp against the enemy they should avoid anything evil and immoral. They should designate a place outside the camp as a lavatory (even to urinate) (Berakhoth 25a). They are even instructed to carry a yated – spike with their other weapons so that when they have to relieve themselves they can dig a hole, sit down and make, and then cover up the excrement. Some people might think these laws aren’t appropriate to include in the Torah, a holy book. But the importance of just such a mitzvah hit me while on a hike this summer, walking through one of the places that had obviously been used by a group of other hikers as an outdoor toilet.

I commented to my son that they hadn’t done what our verses recommend. There is a reason to include verses like these in the Torah, in order to instruct us in proper behavior that is not necessarily the natural, easiest way to act. It takes more time to dig a pit and cover up the mess,

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but that is what ensures an appropriate encampment.

Our verses remind us that “God makes His presence known” in your camp to “ deliver you and grant you a victory over your enemy. Your camp must therefore be holy”.

RECIPES We discussed the fruit picker working in someone’s vineyard or corn field, so this week’s salad recipe contains both corn and grapes.

CORN AND GRAPE SALAD ½ cup grapes, quartered ½ cup corn ¼ cup onion chopped ¼ cup tomato chopped ½ cup cucumber, diced ¼ cup red pepper, chopped 1 tbsp. olive oil 2 tbsp. Lemon Juice Salt and pepper to taste Mix all ingredients and refrigerate for at least one hour before serving.

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CHIZUK & IDUD for Olim & Not-yet-Olim

BY RABBI YERACHMIEL RONESS Ramat Shiloh, Beit Shemesh

Divrei Torah from the weekly sedra with a focus on living in Eretz Yisrael

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he Torah teaches us that â&#x20AC;&#x153;If a man committed a sin and was put to death, his body should not be left hanging on the tree. Rather, you shall bury him on that day for a hanging person is a degradation of G-d and you shall not defile your land that Hashem, your G-d, gives you as an inheritance `` (Devarim 21:22, 23).

We are taught this lesson of concern for the preservation of the dignity of the human form, even when the person has led a life of sin, squandering their spiritual and moral potential. If this lesson is true in regard to such an individual, all the more so when the dignity of the honest and pure hearted is at stake.

We are taught this lesson of

Many commentators point out that there is herein a twofold requirement: A Mitzvat Asei, positive mitzva, requiring us to properly bury the dead, and a Lo Taâ&#x20AC;&#x2122;ase, a negative precept commanding us not to degrade the dead by leaving the body unburied overnight, (see Aruch Hashulchan Yoreh Deah 357:1).

Therefore, when one dies, they are to be promptly brought to burial, a delay can only be countenanced when it is done in order to further the honor of the deceased. Thus, the burial may be delayed when a close relative must come from far away, as it is considered an honor to the deceased to have their loved ones present at their burial. In Jerusalem, however, the prevalent custom is not to delay the burial even in such circumstances, and sometimes in the interest of not leaving a body unburied, a burial may even take place in the middle of the night.

concern for the preservation of the dignity of the human form...

Rashi explains that a hanging person is a degradation of the Almighty because man is created in His image and the Jews are His children. Rashi continues saying that this can be compared to a case of two identical twins whose paths diverged greatly in life. One of the brothers rose to a position of nobility and leadership, while the other descended into a life of crime and was sentenced to death by hanging. Whoever sees the thieving brother hanging from a tree, naturally feels as if they are observing the king in a state of utter debasement. Therefore, the king ordered that the hanging body be removed from sight.

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This discussion reminds me of a wellknown case, many years ago, where one of our own was publicly hanged and debased. Although we are commanded to treat all with dignity, at times those worthy of the greatest of honours are treated with the least respect.

Eli Cohen, ‫הי"ד‬, who was working undercover as a Mossad Agent, succeeded in infiltrating the upper echelons of the political and military leadership of Syria. He successfully revealed many of Syria’s closely guarded military secrets, until he was caught and sentenced to death by hanging in May 1965.

Cohen’s father had been a Syrian Jew, and his Mother an Egyptian Jewess, and this familiarity with the language and the Syrian culture, provided him with an added entrée to the Syrian society in order to fulfil his life mission.

One of the feats that Eli Cohen was known for was his suggestion to the Syrian military authorities that they plant Eucalyptus trees around their military bases in order to provide their troops with shade from the burning sun. After his death, during the “Six Day War”, this helped the IDF locate these bases and destroy them. Another major accomplishment was to provide the Israeli government with advanced warning regarding the Syrian plan to to divert the waters of the Jordan River, and thus drastically cutIsrael’s water supply to the Kinneret.

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After Cohen was captured and sentenced, his hanging was broadcast on Syrian national television and was witnessed live by tens of thousands. I well remember the publicised picture of the hanging in the city square, in the center of Damascus. The feelings of horror that overcame me upon seeing this image remain with me to this day.

Sadly, Cohen’s remains have still not been returned for burial in Israel.

On the day of his hanging, the Chief Rabbi of Syrian Jewry accompanied him - per his request - to the gallows. Before he was executed, Cohen asked the elderly rabbi to relay his dying message to his family: “Please tell them that I fulfilled my mission and that I stayed faithful to my land and to my people until the very end”.

There are many who claim that Eli

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TORAH TIDBITS / KI TEITZEI 5779

Cohen was the greatest Mossad agent Israel has ever known. Yehi Zichro Baruch - May his memory be a blessing for the people of Israel!

Eli Cohen’s son, Shaul, was a baby when his father died. Years later, at his Bar Mitzva, Shaul mentioned his late father’s memory and promised to continue in his path: “I promise, you, father, that in my life I will never fail you. I will do my duty with all my strength and devotion for the State of Israel… I will try to be like you… That is my pledge”.

Although we are not all expected to become Mossad operatives, we can surely try to take these words to heart and redouble our efforts to live up to our father in heaven, living up to the Tzelem Elokim in which we were created!

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