Issue
213
בס"ד
הריני בא ללמוד תורה לשמה לעשות נחת רוח לאבינו שבשמים מוצאי שבת ר"ת
מוצאי שבת
פרשת דברים
ט' אב תשע"ט 10 Aug 2019
קבלת שבת
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Rabbi Yossi Goldberg RTA The RTA is a two year post- Semicha programme to introduce newly qualified rabbis to the challenges of our modern world
WHO IS A LEADER? One of the benefits of being involved with the Rabbinic Training Academy is that we get to meet and hear from a wide range of public figures. Admirably, many of them share the passion to make a positive difference to Klal Yisroel in one form or another. In doing so - they are showing leadership. Let’s explore this further and begin with a simple question; what is leadership? From this week Sedra we can learn how Moshe Rabbeinu saw the essence of leadership. Moshe spoke to Klal Yisroel and observed: ואמר אליכם בעת ההיא לאמר לא )’“ אוכל לבדי שאת אתכם (א’ טAnd I said to you at that time that I am not able anymore to carry you / lead you.” The Ramban explains that “”בעת ההיא at that time refers to earlier when they were in Chorev. Moshe was saying, “Back then, everything was going to plan and we were preparing to enter Eretz Yisroel, but then the plan had to abruptly change because the Meraglim derailed everything. As such, I felt I couldn’t take being your leader anymore.” Rashi asks, how could Moshe have said that he couldn’t lead them anymore? Was
he not the quintessential, indefatigable leader who had been through so much?! After all, he was the one who led them out of Mitzrayim, through the Yam Suf, accepted the Torah and the list goes on! Rashi answers, when Moshe said that Hashem was “ ”הרבה אתכםincreased you, he meant not in the enumerative sense of how many more Jews there were but in the “burdensome” sense. They had become too burdensome because of the way Hashem, instead of punishing the Jewish people punishes their leaders instead. As leader, Moshe had to take a knock - many times for the sake of his people. In simple terms, it had become too big a deal to be their leader anymore. Implied by this is a fundamental value that underpins any position of leadership. A leader is not merely someone in charge, someone who shows the way. A true leader is someone who takes upon himself the full responsibility for his people. Although it was not his main message here, perhaps Moshe wanted to say this to Klal Yisroel now, in order to lay the groundwork for the next leader who was going to replace him. He wanted to emphasise to all the need to better appreciate leaders and to realise the awesome level of responsibility that they take upon themselves. However, the lesson here is by no means limited to people with formal leadership positions. Rather, it is something for all of us to ponder. It ought to be a question that we, as Jews, as parents and as educators all ask of ourselves. It’s all too easy for us to pat ourselves on the back and to feel good
For questions on Divrei Torah, please email the editor Rabbi Yonasan Roodyn at editor@oneg.org.uk
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by saying, “We’ve done our bit”. But surely, we need to recognise that its simply not enough to do any limited amount. We need to ask of ourselves, do we actually live with a true sense of responsibility? Are we taking on board the full spectrum of needs of those whom are under our wing? Are we carefully consider our interactions and relationships with others and seeing how we can finetune them so that we have a better impact on those around us? As the Mishna in Avos (2:5) states, במקום שאין אנשים השתדל להיות איש. When no one is stepping up to the plate to take responsibility, don’t shy away from it. Seek to take the responsibility upon yourself and get involved! We should all see ourselves as leaders. Not in the haughty sense of “I’ll show everyone how to behave” but rather in the sense of taking upon ourselves more responsibility for others and recognising opportunities to do more for Klal Yisroel. The cry for leadership is out there - Klal Yisroel face such a range of complex and difficult challenges. Leaders are those who hear this call to action and choose to act upon it.
N T R I ES
Yerushalayim, Amsterdam, Antwerp, Baltimore, Beit- Shemesh, Birmingham, Borehamwood, Budapest, Cancun, Detroit, Edgware, Elstree, Gateshead, Gibraltar, Glasgow, Hale, Henderson, Hong Kong, Ilford, Johannesburg, Lakewood, Larnaca, Las Vegas, Leeds, London, Los Angeles, Manchester, Melbourne, Memphis, Miami, Milan, New York, Oslo, Paris, Petach Tikva, Philadelphia, Pressburg, Radlett, Ruislip, Santiago, Sao Paulo, Stanmore, Southend, Tallinn, Tarzana, Toronto, Uman, Vienna, Zurich
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Oneg Shabbos Issue 213
Rabbi Avraham Blickstein
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Rosh Kollel, Kollel Mevaser Israel, Darchei Hor’ah Institutions
he famous Gemora (Yoma 9b) informs us that the destruction of the First Beis Hamikdash was due to the transgression of the three cardinal sins: adultery, murder, and idolatry. The Jews in the time of the second Beis Hamikdash did none of the above; rather they did not know how to act nicely to one another, displaying baseless hatred. Astonishingly, this alone was comparable to the three cardinal sins that caused the previous destruction. More than this, the Gemora relates that for the three cardinal sins, the Beis Hamikdash was eventually rebuilt after seventy years, whilst we unfortunately are still in exile as a result of baseless hatred. Clearly, this is something that still needs to be rectified and atoned for. The adage of Chazal “any generation which does not see the rebuilding of the Temple is as if they saw its destruction” is for this reason self-understood – we still have to repair our own problems of baseless hatred.
If we want to rectify baseless hatred, we must first and foremost internalise that it is Hashem who causes everything to happen, and that nothing we do is not recorded and held accountable
What in fact is “baseless hatred”? Presumably, one imagines the meaning in its simplicity – that one simply hates another person. On a more profound level, one realises that every hatred is based upon something, and whether justifiable or not, we do not simply act against people “because”. Antithetically, we imagine that there are in fact times when we are justified in our hatred of another. Does it really make sense that merely for unjustifiable hatred was the Beis Hamikdash destroyed? R’ Chayim Vital explains as follows. Every law that is bein adam lachaveiro, between one man and another, is in fact intrinsically bein adam lamokom, between man and Hashem. Why is this? The world exists on interpersonal relationships; did he do me a favour and I therefore owe him gratitude? Did he wrong me, and I must overcome my anger and forgive him? One needs to channel one’s emotions constantly to do good to others and refrain from bad. Often, one does not take Hashem into the equation, but rather what is best for oneself. It makes sense not to take revenge, if as a result of this I will lose out. But does one think that perhaps it is Hashem who directs the world, and who willed this person to be wronged? Does one comprehend that everything that happens is ordained Above? A thinking person is pleasant to his fellow, because he realises
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that it is Hashem who decrees what ordeals a person must endure, and no-one can do anything to him without Hashem willing it. In this way, the laws between one man and another are really the laws between man’s relationship with Hashem. Forgetting this essential concept is tantamount to heresy, for one forgets the presence of Hashem and the fact that he orchestrates everything. If one is insulted by a friend, and fails to realise that this was something Hashem willed him to go through, one misses the point that Hashem runs the world. This is why baseless hatred is such a cardinal sin; since the very notion of doing wrong to another, even if one thinks one’s actions are justified, is to forget that Hashem causes everything to happen, and is therefore heretical. If we want to rectify baseless hatred, we must first and foremost internalise that it is Hashem who causes everything to happen, and that nothing we do is not recorded and held accountable. We must realise that our duty to act pleasantly to our spouse, neighbour, friend, is really our duty to Hashem. He wills us to live in a society amongst others, and not in a cave, and understands that one person can wrong another, and He can take care of this Himself. It is our duty to see Him pulling the strings, and to live a life bound to His service. May we merit witnessing an end to our exile, and the speedy redemption.
10 August 2019
ט' אב תשע"ט
פרשת דברים
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eight years during which time the Rabbi Elchonon Feldman Rabbi of Bushey & District United Israelites were Synagogue under ban by Hashem, the Divine speech was not directed towards Moshe in an expression of affection, face to face, and with peace of mind. This is to teach us that the Divine Presence rests upon the prophets only for Israel’s sake.
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ragedies sadly come in all shapes and sizes but Chazal pinpoint a specific event that was so grossly unfortunate that it acted as the forerunner, the precursor, of all tumultuous misfortunes that would befall our people throughout history. This episode is the cheit hameraglim as the Gemara states: “Today you cried for nothing; in the future I’ll give you a real reason to cry.” ( Ta’anis 29a) The immediate fall-out of this incident was the Divine decree that an entire generation would die in the wilderness never entering into the land of Israel. This led to a most harrowing custom which would take place on Tisha B’Av during our people’s forty years wanderings through the desert. The Talmud Yerushalmi records that Moshe would instruct the Children of Israel on the eve of Tisha B’Av to dig their own graves. Then as the sun set and the fast commenced they would climb within, lie down and wait until the morning. Those whose decree it was to die within that year did not rise and the remainder ascended repeating the process each year. Words fail when trying to articulate the gross anxiety that each person most have felt as they lay in their own tombs and this annual experience must always be considered when we think of the imagine the idyllic life of the generation who left Egypt. However just as when a parent metes out punishment to a wayward child, when Hashem must discipline us it causes him great pain. In the Torah portion of Devarim we see a fascinating juxtaposition when discussing the final leg of the journey into the land of Israel. The Torah says as follows: So it was, when all the men of war finished dying from among the people, that Hashem spoke to me saying, (Devarim 2:16-17) Why, asks Rashi and many other commentators, does Moshe specify only now that Hashem spoke directly to him? Rashi quotes a Sifrei that says as follows: But since the spies were sent until now, the word vayedaber (denoting Hashem’s speaking to Moses with endearment) is not mentioned in [this] section, only vayomer (denoting a less endearing form of communication), to teach us that during those entire thirty-
This is so poignant. Moshe, the greatest prophet that will ever exist. A human being who is considered to be a true servant of Hashem. Still, is kept at arm’s length during the period when our people were being punished and felt distant from Hashem. If Hashem cannot be close to us in His manifest presence then we see from this juxtaposition, He will not be close to anyone, even Moshe. There is no greater pain, no stronger anguish, than Hashem’s feelings (keveyachol) of having to hide and be distant from us. This much is clear from our Torah. As we sit at our table this Shabbos we know that today is the ninth of Av. If this calendar date would have fallen on a weekday, no food nor drink would have passed our lips and we acknowledge as well the great sadness that we would be feeling in commemorating through communal mourning the destruction of our Beis Hamikdash and many other tragedies of Tishah B’Av. However, now that the Fast has been relegated to Sunday we have a great opportunity for reflection. Shabbos, isn’t simply the postponement of the Fast, rather it now plays the role of an oasis, a small moment of pause in which we can sense the deep and powerful unconcealed relationship that Hashem yearns to have with us even in the midst of our chastisement. This Shabbos more than any other can bring us to greater appreciation for the eternal love that Hashem has for us and His pain in our distance from Him. In this way perhaps as we enter this year into Tishah B’Av 5779 we too will feel a greater longing, a stronger desire to return. Our sadness and longing for a relationship with Hashem will be more acute and our annual day of mourning will be so much more than an anniversary date. In doing so perhaps we will truly all merit together the fulfillment of the prophecy in Yeshaya that is read in this week’s haftorah: “Therefore,” says the Master, the L-rd of Hosts, the Mighty One of Israel, “Oh, I will console Myself from My adversaries, and I will avenge Myself of My foes. And I will return My hand upon you and purge away your dross as with lye, and remove all your tin. And I will restore your judges as at first and your counsellors as in the beginning; afterwards you shall be called City of Righteousness, Faithful City. Zion shall be redeemed through justice and her penitent through righteousness.” Amen, may it be Hashem’s will.
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Oneg Shabbos Issue 213
This page is sponsored לע''נ ביילא בת ר׳ משה ע''ה
Rabbi Raphy Garson Rabbi of Ohr Yisrael Shul, Elstree Director of Hertfordshire Learning Experience
TEARS OF
What do the tears of Tisha B’Av represent? Rav Yehudah Sadka zt”l said it poignantly. “Tears shed on Tisha B’Av are tears of hope”.
One doesn’t cry over something that cannot be rectified. If someone loses a relative the pain is real and tears flow. But they don’t flow forever. After a year the gift called ‘forgetting’ kicks in and allows one to moves on with life. We don’t truly forget, but the initial pain of the day of loss is not as intense. Yet for 1949 years Jews gather to sit and mourn. The tears are indicative that there is a future, there is hope! And yet the Sfas Emes was asked “What should one do if he feels no anguish over the Churban (Destruction)? “He should be consumed with pain and anguish over his own personal Churban. If a Jew doesn’t feel pain over the Churban – it shows his soul is in a wretched state”. Sadly, despite three weeks of preparation, only some of us really feel the loss. To cry about something we never knew is incredibly hard. The Navi may behove us ‘Shifchi Kamayim Libech’ (Eicha 2:19) – to pour our hearts out, but how do we do it? Perhaps then we should be focusing on more recent events to be the conduit to open up those channels behind our eyes. All calamities and tragedies that have befallen our people are connected directly to the destruction of our Temples, and the Churban most fresh in our minds occurred a mere 70 years ago. And that we can cry over. Indeed, in our community in addition to chanting the Kinos, we share the stories of pain and suffering of that time, which express the Jewish faith and indestructible spirit of Am Yisrael. There are times in one’s life that you feel privileged to witness an event. This occurred a few years back when I was back in Poland with Tzvi Sperber (director of JRoots) on another trip to accompany and film the story of a wonderful survivor, Leslie Kleinman. Leslie was born in 1929 in the small village of Ombod in Romania, near Satmar. His father was a Dayan for the Satmar Rav, in addition to being the Rav, Mohel and Shochet for five small villages. His mother showered him and his seven siblings with boundless love. In 1944 his world was destroyed. Leslie arrived in Birkenau a 14-year-old boy, with 87 members of his immediate family in one cattle cart. Within a few hours, he remained alone. Reliving the words of Yirmiyahu – ‘Eicha yashva badad, ha’ir rabati am?’ (‘How does the city that was full of people sit desolate?’) - but at
another time and in another place. His hometown was destroyed and he remained deserted. By telling Mengele that he was 17, he survived. One of his jobs was to help the transport of Hungarian Jews off the trains. There he witnessed the Nazis sadism and delight in causing misery, heartache and indescribable pain to our people. Fast forward 70 years and 100 King David/ Yavneh Manchester students, a community trip, Rabbis and Rebbetzens, stood together by the infamous gates of death at Birkenau. On a small stage stood Leslie Kleinman and another survivor called Arik Hirsch who each lit candles and symbolically passed them onto to five students. The students then shared their thoughts of their Poland journey. One of the madrichot, Rebbetzen Silverstone, had brought her nine-month old baby with for Shabbos. As the group was singing moving and poignant songs I happened to be holding her baby, as everyone took turns to hold her. An idea then came to me and I climbed onto the stage and gave the baby to Leslie. The river of tears then broke forth and everyone in the group was moved deeply. The significance of that image heralded a new meaning to the term hope and Am Yisrael Chai. Leslie told me through his tears he never thought he would live to see a live Jewish baby in Auschwitz. His very eyes witnessed what happened to babies in Auschwitz. The descriptions of which cannot be written in this forum. © shutterstock.com
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hazal in their wisdom understood that it is very difficult to become mourners for something that occurred so many years ago. So they instituted three weeks to prepare us for the night of mourning, Tisha B’Av.
HOPE
At that moment of shared grief, I recalled the words of Rav Yaakov Emden zt”l who pointed out that the gematria of ‘bechi’, weeping is 32. The same numerical value as the word ‘lev’ (heart). Tears are only meaningful if they are sincere expressions of the heart. Real tears are shed out of a deep sincere feeling and are the most genuine expressions of the human essence. Rav Hirsch put it beautifully – ‘Tears are the sweat of the soul’. When we are moved honestly we cry. Those tears that we shed were the sincere tears of Tisha B’av. Tears of understanding that there is indeed a bright future for the Jewish world. After Churban there can be and is Binyan (building). In the largest cemetery in the world, Jewish life flourishes! ‘Kol hamisabel al Yerushalayim zocheh v’roeh besimchasah’ Whoever mourns for Jerusalem will be worthy to witness her jubilation. May we all find the inner strength to reflect and feel the pain of our people and may we be worthy to shed tears of joy, with the rebuilding of our third Temple, speedily in our days. Amen.
10 August 2019
ט' אב תשע"ט
פרשת דברים
Don’t Flaunt It “You have enough, circle the mountain, and turn to the north (tzafonah).” (Devarim 2:3)
The Kli Yakar lived during a time when the Jews enjoyed prosperity, and he did not approve of the way they dealt with it. He urged them to be more discreet, to keep a low profile and not draw attention to themselves with ostentatious lifestyles. He supported his exhortation with a homiletic interpretation of Moshe’s words to the Jewish people. “You have enough, circle the mountain, and turn to the north (tzafonah).” The word tzafonah can also be translated as “the hidden.” In other words, you have enough material things. Now hide them! If you’ve got it, you don’t have to flaunt it! Eisav has a long memory, writes the Kli Yakar. Whenever he sees Yaakov prosper, he believes with all his heart that it is only because of the blessings that he believes Yaakov stole, the blessings that should have gone to Eisav. Yaakov himself was already worried about this. When famine struck all of the Middle East, everyone was forced to run to Egypt, the only place where large stockpiles of food existed. It was the only way to avoid starvation. Yaakov’s pantry, however, was well stocked with food, and his family could have gone a long time without a trip to Egypt. Nonetheless, Yaakov sent them to buy food. “Lamah tisra’u?” he said. “Why should you show off?” According to Rashi, Yaakov was concerned about the children of Eisav and Yishmael. Why should they see that you have plenty of food while they are starving? That would be a foolish thing to do.
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Rabbi Yissocher Frand Rosh Yeshiva, Ner Yisrael Baltimore
Living in the England or United States, which is so liberal, so tolerant, we tend to forget this important lesson. Regardless of how benign American & English society is, it is still exile. We still live among non-Jews, not all of whom share the full measure of tolerance which has made this country the superpower that it is today. We still need to watch our step. If we have been blessed with prosperity — money, real estate, nice homes, automobiles and clothing — there is no need to flaunt our wealth. “Why do you show off?” said Yaakov. It is impolite. It is unwise. It is even dangerous.
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Oneg Shabbos Issue 213
Tishah B’Av on a Sunday
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Rabbi Avi Weisenfeld Rosh Yeshivas Beis Dovid; Author “Kashrus in the Kitchen” & “The Pocket Halacha Series”
av Chaim Volozhin and the Chasam Sofer remarked that throughout the course of history, many nations have experienced physical destruction and the loss of national independence, yet non continues to mourn their loss as the Jewish people do. These other nations have accepted the irrevocable nature of their misfortunes and the fact that there is no hope that their former empires will ever be restored to their former greatness. Their once glorious kingdoms have forever vanished from the hearts and minds of their people.
In sharp contrast, even though the actual destruction of the Beis Hamikdash too place some 2000 years ago, the enormity of the catastrophe is as real today as it was when these tragedies befell us. Our deep pain and anguish are constantly felt and do not diminish with the passage of time. Chazal reassure us that the powerful kingdom of Hashem will once again be restored and resume its former majesty and grandeur. This is one of the reasons why the mournful day of Tishah B’Av is referred to as a moed, a festival.
Halachos Applicable to This Year When Tishah B’Av falls on Sunday, there are always interesting changes that need to be made to one’s usual preTishah B’Av halacha checklist; we will try to summarize most of them. Erev Shabbos Shabbos Clothes on Erev Shabbos may be worn at the time one normally puts them on before Shabbos. They may be freshly laundered, but not brand new.1 Showering is the same as during the nine days, and many hold that if one normally showers with hot water and soap may do so this erev Shabbos also (in any case it shouldn’t be too long!).2 Some are stringent and wash the parts they need to with lukewarm water and enough soap just to remove sweat/ dirt.3 Shabbos It is forbidden to display mourning in public, and although it is the ninth of Av – the day that the Beis Hamikdosh went up in flames and is famous for being the saddest day in the Jewish calendar, nevertheless, it is to be treated as a normal Shabbos in almost all aspects. One may learn Torah as usual, including any topics one wishes to learn.4 Some recommend that one specifically concentrates on topics related to the time of year (eicha, halachos of Tishah B’Av, etc.).5 Pirkei Avos is not said. 1 2 3 4 5
Mishnah Berurah 9. Mishnah Berurah 97, Chayei Adam 133:19. Ramo 16. Mishnah Berurah 10 quoting the Taz. Ramo 2, so was the custom of the Chazon Ish.
Seudah Shlishis, although it is also the ‘seudah hamafsekes’ the last meal before the fast begins, the usual halachos do not apply and one may eat whatever he wishes, including even meat and wine (something which is normally forbidden at this time on a regular year).6 One must stop eating by Shkiyah.7 Havdala is postponed until Sunday night (after the fast ends). One who will not be fasting (pregnant/feeding women) require havdalah before doing eating.8 Many poskim allow children who will be eating to eat without hearing havdalah first.9 The father may make havdalah for them if there is noone else provided they drink the wine/grape juice. If there is no-one around, a women can make it herself. There are two practices one must maintain on this motzoei Shabbos, 1) one must say אתה חוננתנוin Shemonei Esrei of maariv to enable him to perform melacha, such as drive home, switch on lights etc. Women must be told to say ברוך המבדילwhen Shabbos ends before doing melacha, 2) make – בורא מאורי האשthe beracha on a freshly lit fire before reciting eicha. It’s best that a women hears this beracha from a man, but if this isn’t possible, they may make it themselves. One’s leather shoes may not be removed until Shabbos has concluded (unless one removed them earlier to put on slippers). Some remove it after saying ברוך המבדיל, others in shul after ברכוat the start of maariv.10 Many places delay the starting of maariv to allow people to remove their shoes at 6 Shulcha Aruch 10. 7 Ramo, Mishnah Berurah 24. 8 Rav Wosner zt”l in Shevet HaLeivi, Rav Shlomo Zalman Aurbach zt”l. 9 Rav S Wosner, Rav Y S Elyashiv, Rav S Z Aurbach, Rav C Kanievsky, R M Shternbuch. 10 So was the custom of the Chazon Ish.
ט' אב תשע"ט
פרשת דברים
home when Shabbos has ended and then come to shul. One may not take his book of eicha or kinnos to shul on Shabbos so it will be with him for maariv as this is preparing from Shabbos to weekday.11 Q. On Sunday night, must women wait for husband to come home from shul and make havdalah before breaking her fast? A. Yes. However, if this is difficult for her, she may drink water before hearing havdalah if necessary. Although normally certain activities that were prohibited during the nine days remain prohibited until chatzos the day after Tishah B’Av, this year everything is permitted straight after the fast (music, haircuts etc) with the exception of eating meat and drinking wine. Drinking the wine or grape juice of havdalah after Tishah B’Av is permitted.12 I remember when my Grandfather told me about his experience of going to the kosel for the very first time after it was liberated during the six-day war. The emotion and awe of seeing the last segment of the Beis Hamikdosh was amazing. There is a famous story of two soldiers that were completely secular watching people crying and hugging the kosel. Having no idea of the significance of these stones, they watched the goings on untouched by emotion. All of a sudden, one of the solders started to cry, and the other turned to him, and said, why are you crying? He answered, because I don’t understand what there is to cry about, that’s why I am crying. When we sit on this floor this year on Tishah B’av, hopefully we will realize what we are missing and actually have something to cry about.
11 Misgeres Hashulchan on the Kittzur Shulchan Aruch. 12 Ramo 1, Mishnah Berurah 4.
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inclusive inclusive inclusive inclusive
10 August 2019
Rabbi Yechiel Spero
No one likes to feel left out, everyone wants to feel included
The Ribono Shel Olom knows that this can be very hurtful.
We are too proud to admit it because we enjoy being proud.
We like to have dignity, we do not enjoy looking petty but sometimes we are left out.
How many times are our children excluded, because they are not smart enough, or their family is not frum enough or whatever other reason people give? No one wants to be exclude ever.
The Ribono Shel Olom tells us that during the three weeks, nine days and Tisha B’Av itself, the story of Kamtza and Bar Kamtza need to inspire us all to be
inclusive
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לע''נ אריאל יהודה ז''ל בן ר' פינחס צבי נ''י קליין
Oneg Shabbos Issue 213
Restoring the primacy of Choshen Mishpat Under the auspices of Harav Chaim Kohn שליט"א
Rabbi Meir Orlian Halachah Writer, BHI
BEYOND MY CONTROL! “I’m going away for a month,” Ari said to his neighbor Shmuel. “Would you be able to watch my bike while I’m gone?” “No problem,” said Shmuel. “Bring it over inthe afternoon.” When Ari brought the bike, Shmuel moved it to his backyard and leaned it against a tree. “I’ll put it away later,” Shmuel said. “I want to straighten the basement today. Enjoy your trip!” However, Shmuel got involved with other matters and didn’t have time to organize the basement. He forgot to put Ari’s bike away and it remained under the tree. The following day was windy. Shmuel returned home from work and found that a large branch had broken off the tree and smashed the bike! Ari returned from his trip a month later. “I’d like to pick up my bike,” he said to Shmuel. “You’ll never believe what happened!” exclaimed Shmuel. “I didn’t get around to putting away your bike, and a large branch broke the following day and smashed it. There was nothing I could do about it.” “Why was the bike outside, though?” asked Ari. “It could easily have been stolen from the backyard. It was negligent of you to leave it there unlocked!” “I was busy that day and forgot about it,” said Shmuel. “In any case, the bike wasn’t stolen. It was smashed due to circumstances beyond my control, oness. I had no idea that the branch was weak.” “That’s true,” acknowledged Ari. “Still, had you put the bike away in the basement, the oness wouldn’t have happened.” “But the fact that a branch broke and fell down is not my fault,” argued Shmuel. “It wasn’t expected.” The two approached Rabbi Dayan. “I asked Shmuel to watch my bike,” Ari said. “He didn’t put it away and a branch fell down and smashed it. Is he liable?” “The Gemara (B.M. 42a) teaches the principle “Techilaso bi’peshia v’sofo b’oness — chayav,” replied Rabbi Dayan. “This means that if the guardian was initially negligent with the
entrusted item, even if it was ultimately lost through oness, circumstances beyond one’s control, he remains liable. “For example, if a person hid entrusted money in a place where there is danger of fire and it was stolen, or where there is danger of theft and it was burned,” continued Rabbi Dayan, “the guardian is liable. Had he placed the money in a properly secure place, such as a safe, it would have been protected; the oness might not have occurred” (C.M. 291:6,14). “Still,” asked Shmuel, “ultimately, wasn’t the money lost through oness?” “We view the oness that ultimately occurred as a continuation of the initial negligence, even if there is only a remote connection,” explained Rabbi Dayan. “Similarly, if the guardian left the item where it could be easily stolen and it was stolen by armed bandits, he is liable, since had he left it in a secure place, perhaps the bandits would not have come” (Sma 291:10,23; 303:15). “What if the oness was completely unrelated to the initial negligence?” asked Ari. “This is disputed in the Gemara (B.M. 36b),” replied Rabbi Dayan. “For example, someone left an animal where it could be easily stolen, but it died naturally. It would have died even had it been in a safe place; this oness is completely unrelated to the initial negligence. Rava exempts the guardian, whereas Abaye holds him liable. The halachah is according to Rava, that the guardian is exempt” (C.M. 291:9; Sma 291:15). “There is a further dispute between later authorities regarding a rare oness that subsequently occurred,” added Rabbi Dayan. “For example, the guardian left the entrusted item outside, and it rained where rain is very rare in that season” (Shach 291:14; Machaneh Ephraim, Shomrim #30; Pischei Choshen, Pikadon 3:3-7). “Thus,” concluded Rabbi Dayan, “since the oness here relates to the initial negligence of leaving the bike out, Shmuel is liable.”
Provided by Business Halacha Institute. The BHI is a non-profit organization based in New York that educates and guides people in up to date applications of monetary halacha. For more information or to browse the BHI archives, visit www.businesshalacha.com
10 August 2019
ט' אב תשע"ט
פרשת דברים
MIDDOS דרגה יתירה Rabbi Zalman Guttman Ramat Shlomo
אלה הדברים אשר דבר משה אח כל ישראל בעבר הירדן )’א:’(דברים א Sefer Devarim begins with words of tochacha (rebuke) that Moshe said to Bnei Yisroel, five weeks before he died. The Torah teaches us how rebuke is meant to be delivered by the gentle hints Moshe used to remind the people of their sins. Moshe’s intention was to allow his beloved children to understand their shortcomings and repent. He made every effort to retain their honor and dignity, and now that he was on his deathbed, his carefully chosen words of rebuke were spoken.
The mitzvah of Tochacha - criticism, censure, rebuke - is one that contains a number of specific conditions. Quite often, NOT giving Tochacha is even a bigger mitzvah, unless one can be sure that his words will be accepted. In fact, we see that Avraham Avinu pleaded with Hashem to spare the wicked city of Sodom, and yet we do not find that Avraham ever rebuked the wicked people or even tried to convince them to change their ways so that their city might be saved. It was because he knew exactly who he was dealing with and he also knew that they would never listen to a word he was saying! R’ Avraham Pam zt’’l learns from the posuk (Mishlei 8:9) “Do not rebuke a scoffer lest he hate you; rebuke a wise man and he will love you,” that if one does not rebuke a scoffer and does not make a mockery out of himself, then when he rebukes a wise man, his words will be accepted. Avraham Avinu could not allow himself to be mocked by the scoffers of Sodom for this would take away his credibility and he knew that the future of Klal Yisroel was dependent on his words and his future commands to his children. For this reason, he did not rebuke Sodom - he prayed for them!
9
SHEMIRAS HALOSHON
FOOD FOR THOUGHT TO SPARK N CONVERSATIO
THE DILEMMA You are the math teacher of a seventh-grade class. At the end of the school year, the eighth-grade math teacher wants to review the class roster with you and find out about each student’s personality and math ability in order to be prepared for the coming year. You have several students who are disruptive. On one hand, you want to tell the eighth-grade teacher to beware of those few students – to make sure they don’t sit together, and stop them in their tracks the minute they begin acting up. On the other hand, you wonder if that might be loshon hora.
THE HALACHAH Even though most people would not judge a child harshly because of his immaturity, we are still prohibited from speaking loshon hora about him or her. Therefore, caution must be taken in the scenario above to assure that what is being said is in fact beneficial for the child and not detrimental. After all, we can damage a child’s prospects just by speaking negatively about him. Furthermore, children mature and change. In a new school year, they should have a new chance to prove themselves. Sefer Chofetz Chaim, Hil. Loshon Hora 8:4; see Be’er Mayim Chaim 48 there.
May we all learn from his wisdom.
The Chofetz Chaim Heritage Foundation Reviewed by Rabbi Moshe Mordechai Lowy. For discussion only; actual halachic decisions should be made by a rav or halachic expert on a case-by-case basis.
Oneg Shabbos Issue 213
A “LOST” CHATTAS היכי דמי אבידה ?א“ר אושעיא אפילו אחת בעדרו ואפילו אחת באחת The Mishnah discusses the halacha of a chattas which was lost, and a different animal was designated as a chattas to replace it. If the second animal was actually offered and then the first one was found, the Mishnah rules that this first animal has to be left to die. Abaye explains that this halacha applies only where the first animal was lost, but not where it was stolen until another was brought in its place. In this case, where the first animal was in the possession of a thief or robber, when it is returned to its owner, the animal is let to graze until it develops a blemish, when it may then be sold and the money used for a freewill offering. As far as the definition of “lost,” R’ Oshaya explains that this is where the chattas became mixed in with one’s flock and could not be identified. Although all of the animals are clearly in front of us and are not lost, because it cannot be identified at the time when atonement was achieved with the second animal, the first animal is defined as being lost. Alternatively, R’ Oshaya explains that the case is where “one animal became mixed up with one.” Rashi explains that this refers to where a chattas animal became mixed up with a regular animal, and we do not know which was the chattas. Shitta Mikubetzes questions the explanation of Rashi, because this is essentially the same as the first illustration of a chattas getting mixed into the entire flock. Furthermore, Shitta notes that the case of getting mixed into the flock should not result in the chattas having to die after finally being identified. The Mishnah in Zevachim (71b) rules that if a single animal which is designated for an offering (e.g. chattas) becomes mixed in with other non-consecrated animals, if they are all eligible, the entire flock is sold for the purpose of being brought for that offering. Therefore, this chattas which mixes with the other nonconsecrated animals should not be considered to be “lost,” and even if the owner brought another animal in the meantime, it should not be doomed to die due to its being deferred ()נדחית. The Gri”z answers that the view of Rashi is that although the chattas which becomes mixed with other animals can be salvaged, and there is a method to offer it, together with the entire flock, nevertheless, the chattas which is mixed in is considered lost until that process is completed. Due to his second question against Rashi, Shitta suggests that the case of being “lost” is where a chattas became mixed in with other animals which were all disqualified from being offered. In this case, the Mishnah in Zevachim (ibid.) rules that all the animals must be allowed to graze until they develop a blemish. If the owner took another animal in the meantime and brought it for his atonement, the mixed in chattas is a “lost” animal which must die if it can be identified.
147 X DAYS
כ"ב בכורות נ“ב תמורה
Distinctive Insight
E TH
Daf Yomi WEEKLY
DOWN TO NT
Siyum Hashas
CO U
10
Stories from the Daf THE MISSING BOTTLE ”...“כל העומד לזרוק כזרוק דמי
On today’s daf we find that if something must be done it is considered to have been done already. One application of this principle is regarding chometz on Pesach.
A certain man was a bit concerned because he owned a couple of bottles of expensive whiskey and didn’t wish it to be finished off on Purim. He decided that the best thing would be to leave it with a trusted friend, but the friend was also concerned about its being consumed at his house. But since this friend did have a rather large house, he placed it where he was sure no one would find it, and both friends were satisfied.
After Purim the two forgot about the entire matter. It was only when it was already Pesach that the friend found the bottle of whisky which had been left at his house shortly over a month before. Of course he was horrified but he also recalled that he had agreed to watch the whisky and taken responsibility. Although he didn’t wish to hold onto chometz for even one instant, he knew that if he himself burned it, he would have to pay for the expensive liquor. Even though he was unsure, he had a shaky memory that, at certain times, it can be permitted for a person to hold onto chometz if he plans to burn it. He brought it to his friend’s house and returned it saying, ‘harei shelcha lefanecha.’ Naturally, his friend immediately destroyed it. But he also felt worried that he might have done something wrong and decided to ask about this.
When his question reached the Boruch Taam, he ruled that the conduct of both men had been acceptable. “The Chok Yaakov rules that although a robber who stole chometz may return it after Pesach, he may not do so during the chag since it is his duty to burn it immediately.1 Yet the Ketzos HaChoshen is uncertain about why this shouldn’t be permitted. He concludes that perhaps the prohibition is because the thief is obligated to burn it in order to fulfil the mitzvah of תשביתו.2 The Boruch Taam concluded, “But I hold that even if the robber returns the chometz and the owner burns it, he also fulfils this mitzvah! The same is true in this case.”3
2 ' ס"ק ח, ס' תמ"ג, ח"י1 ' ס' שס"ג ס"ק א, קצות החשן2 הגהות ברוך טעם על הקצוה"ח שם3
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10 August 2019
ט' אב תשע"ט
פרשת דברים
Sages through Ages THE
11
Dr Benji Schreiber
The Rema
Cracow, Poland 1530 – 1572 ל”ג בעומר
R
av Moshe Isserles, רבי משה בן ישראל איסרליׂש, known as the Rema for short, was born in the Kazimierz district of Cracow. The exact year of his birth is not known. He is known as Isserles because of his father’s name, Israel, before family names were widely used. He studied in Lublin under Rabbi Shalom Shachna (1510-1558) who opened the yeshiva and who later became his fatherin-law. Among his fellow pupils were his relative Rav Shlomo Luria (1510-1573), the Maharshal who went on to author Yam Shel Shlomo on halacha and Chochmas Shlomo, a commentary on Talmud. He later disputed many of Rema’s rulings. Another fellow pupil was Rav Chaim ben Bezalel, an older brother of the Maharal. The Rema received semicha at the age of 13. His first wife died aged only 20 and he later established the “Rema Synagogue” in Cracow in her memory. He returned to Cracow in about 1550, when he established a large yeshiva
and, being a wealthy man, supported his pupils at his own cost. In his teaching, he was opposed to pilpul and he emphasized simple interpretation of the Talmud. In 1553 he was appointed as dayan; he also served on the Council of the Four Lands (Va’ad Arba’ Aratzos comprising Greater Poland, Little Poland, Ruthenia and Volhynia). He became a world-renowned scholar and was approached by many other well-known rabbis, including Rav Yosef Karo, for Halachic decisions. He was one of the greatest Jewish scholars of Poland and was the primary halakhic authority for European Jewry of his day. He died in his aged about forty (the year of his birth is not known precisely) in Cracow and was buried next to his synagogue. On his tombstone is inscribed: “From Moshe (Maimonides) to Moshe (Isserles) there was none like Moshe” - ממשה ועד משה לא קם כמשה. This was previously said for the Rambam. Until the Second World War, thousands of mispalelim visited his grave annually on Lag Ba’omer, his Yahrzeit. Not only was Rema a renowned Talmudic and legal scholar, he was also learned in Kabbalah, and studied history, astronomy and philosophy. He taught that “the aim of man is to search for the cause and the meaning of things”. He also held that “it is permissible to now and then study secular wisdom, provided that this excludes works of heresy... and that one [first] knows what is permissible and forbidden, and the rules and the mitzvos” (Shulchan Aruch, Yoreh De’ah, 246, 4).
Works The Rema wrote a detailed commentary on the Shulchan Aruch – authored by his somewhat older Sefardi contemporary Rav Yosef Karo (14881575) - called the Darkei Moshe. The most famous work of the Rema are his briefer comments printed with the Shulchan Aruch. This work was called המפה, ‘the cloth’ because it adorned the Shulchan Aruch – the laid table. It shows where the Ashkenazi minhagim differ from the Sefardi customs, both because of differing customs, and because of more reliance on Ashkenazi authorities including in particular the Tosafos. There was some contemporary criticism from Rav Chaim ben Bezalel, the brother of the Maharal, who pointed out that Rema described the minhagim of Poland rather than those of Germany (Ashkenaz). Other works included Sheelos U Teshuvos, answers to 132 questions posed to him. As Chasam Sofer later quipped: ובני ישראל יוצאים ביד רמ”א, a pun to indicate that we follow his rulings. Tradition has it that the Rema lived 33 years (though he probably lived longer), wrote 33 sefarim and died on Lag BaOmer (33rd day). May his memory be a blessing.
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