Issue
226
בס"ד
הריני בא ללמוד תורה לשמה לעשות נחת רוח לאבינו שבשמים
מוצאי שבת ויו"ט ר"ת
מוצאי שבת ויו"ט
פרשת וירא
י”ח חשון תש"פ 16 November 2019
קבלת שבת ויו"ט
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3.48
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Husband & Wife... Brother & Sister
All the way back, the children of Adam and Chava (Adam and Eve) married each other. Brothers married their sisters. Of course there was no-one else to marry. The gemara calls this “Olam chessed yibaneh...” chessed can mean that sort of marriage. Now there is no way that the world got going with a non-ideal relationship. Why was that an ideal form of marriage at that time? What is this idea of brother and sister marrying? The truth is that husband and wife are in fact like brother and sister. The concept is this: the gemara tells us that husband and wife are one person in the spiritual world. Before they are brought down to this world, they are one being, one body with two faces. They are torn apart, then brought down to this world to rediscover each other. The reason that a person longs to marry is that he is looking for the part of himself that he lost. You can only long for something that you had a relationship with once. You would not long for something that you do not know anything about, that has no point of connection with you. You are longing for something that was once part of you; and therefore the connection is this: brother and sister are two single separate individuals who share a common origin. They were once one in the generation of the parents so they share a common origin. Just like husband and wife who were once one. Here is another example of this: “Imri l’chochma achosi hi... Call wisdom your sister...” Torah wisdom was in the child in the womb, then it was forcibly taken from him at
The search was specifically for members of his family when Avraham sent Eliezer to find a wife. The point is that he was looking for the other half; that is a family connection. The message is that husband and wife are really reconstituting their ancient original bond. That is why when Avraham and Sarah cross the border that defines marriage (from the marital sanctity zone of Israel to the marital depravity zone of Egypt), at that point where the essence of marriage is threatened, they define their marriage as brother and sister.
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This is also the reason that Avraham is called “Our young sister...” The posuk in Shir Hashirim 8:8 says “We have a young sister...;” the Midrash states that this refers to Avraham Avinu. Why? “Because he stitched together the tear...” Avraham found a disconnected world; a torn world. Idolatry had replaced avodas Hashem, separating the world from its Source. Avraham re-united the world with its Source. He stitched together a world torn asunder from its original unity. He re-established the family connection. M This weeks Oneg Shabbos is sponsored
לע”נ מרת שיינא רחל בת מורנו הרב ר׳ מאיר ע”ה אמה היקרה של חנה האפבאוער שתחי׳ אשת חיל שנפטרה בגיל צעיר והשאירה משפחה שלימה נלב”ע כ׳ חשון תשכ”ז
My dear mother ע”ה
who passed away at such a young age leaving an entire family in sorrow and mourning. Still missing her after so many years Chana Hofbauer
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ING
OPLE 24,000 PUENTRIES I N 24 C O
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birth. There is always some Torah left, a deep knowledge that Torah is within. When you hear deep wisdom you have the feeling that you recognise it. It is simply being re-awakened. The reason we call wisdom one’s sister is exactly this: all of Torah was learned before being born. You spend your life researching, looking back and looking to recover the wisdom that you once had. Again, you are longing for something that was once part of you - your original wisdom is your sister. That is another version of the same idea. The words brother and sister in Hebrew, Ach, Achos means to stitch something torn. L’acheh means you take something that is once torn, and you stitch it together. Something that had a unity is torn, you re-stitch it together. That’s Ach, Achos, and therefore the concept is brother and sister, husband and wife. Stitching together an original bond.
For questions on Divrei Torah, please email the editor Rabbi Yonasan Roodyn at editor@oneg.org.uk
N OW R E AC H
Rabbi Dr Akiva Tatz
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, Rio de Janeiro, Ruislip, Santiago, Sao Paulo, Stanmore, Southend, Tallinn, Tarzana, Toronto, Uman, Vienna, Zurich
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Oneg Shabbos Issue 226.
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NOT JUST YOUR LITTLE TRIBE
R’ Hirsch’s method of interpreting the Torah’s narrative with special sensitivity toward context and language is on full display in his analysis of the Rabbi Simmy Lerner main events of Vayeirah.
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he Parsha begins with Avraham sitting at the entrance to his tent at the heat of the day, in an audience with Hashem himself. Avraham then interrupts this audience to welcome three travelers into his tent to feed and bathe them. This is always shown to be a lesson on the importance of hospitality by Avraham for future generations. R’ Hirsch, though, wants to further emphasize the kind of people Avraham diverts his attention from Hashem for, and the context in which this happens.
LIGHT BY EXAMPLE The Jewish covenant had just been sealed with the Brit Milah. This bond marks Avraham and his descendants as apart from the rest of humanity, with a peculiar mission. And yet, immediately following this, Avraham is dropping everything to show hospitality to Pagan idolaters, whose ideology are directly at odds with Avrahams. This, for R’ Hirsch, teaches us a very important lesson about the covenant, and the special role of the Jewish people. Avraham was given a specific calling, and a separate role, but this role is meant to work within the larger context of Hashem plan for the entire world. The mechanism for this is that the Jewish people are to be an example, a light onto the nations. Keeping the commandments and living a Jewish life is supposed to enhance the universal goals and virtues common to all of humanity, not replace them. Thus Avraham shows proper loving kindness and hospitality to those who are outside
of the covenant, signifying the connection that he is to have with everyone, even and especially after his covenant with Hashem.
TOGETHERNESS R’ Hirsch points out the language used in the story of the Akeida, which is considered the climax of Avraham’s signs of devotion to Hashem. Without getting into the meaning of the Akeida and the ways to resolve the inherent difficulties with it, we can observe the repeated use of a telling word: יחדיו, together. Avraham and Yitzchak travel to the site of the Akeida with others, and then leave them at the foot of the hill to go up יחדיו, for the mission entailed just the two of them in unity. But afterwards when they come down and travel away to Be’er Sheva, the Torah goes out of it’s way to mention that they rejoined the others, and went away יחדיו, together.
R’ Hirsch says that this is showing us the same message as before. Even though Avraham and Yitzchak went up by themselves to have an experience concerning their unique mission, it did not mean that they were to look down on others with disdain as lowly people. Rather, their experience with the Akeida reinforced their awareness of the fact that their calling is to play a part of a greater drama, one that concerns all of humanity.
NOT THE G-D OF YOUR TRIBE The Torah’s message that the people of the covenant are not to forget that they are still part of the world at large has another, deeper implication. R’ Hirsch points out that if the Jewish people
JLE Campus Educator; Author, ‘The Rav Hirsch Podcast’ (ravhirsch.org)
were to decide that their covenant with Hashem meant that they are completely above the rest of humanity, and that the fate of the surrounding world does not concern them, they wouldn’t be merely making a mistake about the covenant, but would have a fundamentally warped vision of the nature of Hashem. For they would have made Hashem into merely the god of their tribe, like the pagan gods of the Greeks or the Babylonians. They will have abandoned the central message that Hashem is One, meaning not that there happens to be only one, but that the world is all united under Hashem’s providence, not a theater of chaotic conflict between brutal powers. This is why it is imperative for the Bris, covenant to be understood properly, as a way of playing a special part in a larger, integrated drama. This is why Avraham never lost sight of his responsibilities towards all of his fellow men. M See Page 11 for a short biography on Rabbi SR Hirsch
16 November 2019
י“ח חשון תש"פ
פרשת וירא
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The Rambam and Avraham’s Angelic Vision
Rabbi Shmuel Phillips Author, “Judaism Reclaimed”
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he opening pasuk of Vayeira tells of Hashem appearing to Avraham in the Plains of Mamre. The purpose of this appearance is not readily apparent, with the divine encounter seemingly cut short by the arrival of three unexpected guests. Rambam1 controversially explains that in truth there is no interruption since there was no arrival: the entire episode of the guests is a prophetic vision visited upon Avraham by Hashem. The primary reason for Rambam’s explanation of the passage as a vision is that the three guests are angels, spiritual and ‘metaphysical’ entities which can neither be seen by humans nor engage in physical activities. Rather than being a simple dream or message, the interactive prophecy experienced here by Avraham is one of the highest levels of prophecy, involving Avraham thinking, speaking and responding to apparent events. Rambam cites R’ Chiya2 as a source for his interpretation of the episode as a vision. One question that Rambam’s concise explanation does not discuss, however, is at what point this prophetic vision ends and ‘real life’ continues. The Torah narrative of the guests’ departure is immediately followed by Avraham’s negotiation with Hashem over Sodom, which is presumably also part of the prophecy. Then the narrative takes the angels to Sodom, where they appear to Lot. This appearance to Lot must also, according to Rambam’s position on angels, be a prophetic encounter, leaving us with two possible approaches. In the first possibility, the story of the angels in Sodom was still part of Avraham’s vision. The Torah inexplicably interrupts its description of Lot’s escape from Sodom to tell us “vayashkem Avraham baboker” — that Avraham is awakening. Could this awakening be from the prophetic vision that, in Rambam’s explanation, has encompassed the entire parashah so far? It is notable that the phrase “vayashkem … baboker” is used on three other occasions in this parashah,3 each of them denoting the end of a divine encounter.
explanation is somewhat troubling in view of Rambam’s principle that prophecy only rests upon someone of highly developed character and intellect,4 while the sages do not convey the general impression that Lot possesses those qualities. Lot’s suitability to receive prophecy does however receive some support from Netziv,5 who suggests that Lot was initially a righteous disciple of Avraham, with the two parting company only for the purpose of avoiding the desecration of Hashem’s name generated by their shepherds’ arguments. Perhaps we can even suggest that Lot’s decision to reside in Sodom and attempt to influence its residents positively was a failed effort to emulate Avraham’s life mission of spreading Hashem’s word among those ignorant of Him.6 Such an approach would be consistent with the more positive view of Lot which emerges from the commentary of Radak, who suggests that Lot was so confident in his faith that he believed he could reside among the inhabitants of Sodom without being deleteriously affected by its sinful environment. This second approach, based on the suggestion that Lot saw the angels prophetically, is the understanding of Rambam adopted by Ritva and Abarbanel.7 These commentators both highlight further midrashic support8 for Rambam in the discrepancy between the description of the angels’ appearance (“nidmu”) as people to Avraham but as angels to Lot. The midrash attributes this discrepancy to the differential in (prophetic) ‘power’ between the two — a comment which is much easier to understand if each of these appearances was manifested within the context of a prophetic vision. M This is a short excerpt from a chapter of the recently published Judaism Reclaimed: Philosophy and Theology in the Torah. The continuation of the chapter cites Ramban’s strong rejection of Rambam’s interpretation and analyses how their fundamentally different philosophical approaches to Judaism underpin this argument. The chapter, which concludes by examining a further argument between Rambam and Ra’avad over the implications of attributing physical form to Hashem, can be read in full at https://judaismreclaimed.com/sample/.
Alternatively, one might explain that the episode of the angels in Sodom is a distinct vision experienced by Lot. This
1 Moreh Nevuchim 2:42. 2 Bereishit Rabbah 48:10. 3 Bereishit 20:8, 21:14 and 22:3.
4 5 6 7 8
Hilchot Yesodei Hatorah, Chapter 7. Bereishit 13. Hilchot Avodah Zarah Chapter 1. See Ritva’s Sefer Hazikaron on Vayeira. Bereishit Rabbah 50:2.
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Oneg Shabbos Issue 226.
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Waking up means going to sleep
Rabbi Benjy Gordon
R
av Yaakov Galinsky שליט"א points out a beautiful idea in a very famous posuk. He quotes Rav Dessler on the posuk of ‘Vayashkem Avraham baboker vayachavosh es chamoro’ (And Avraham woke up in the morning and saddled his donkey) (Bereishis 23:3). The Gemora learns from this Posuk that zerizim makdimim l’mitzvos, we should rush to do mitzvos even when it is hard and painful. Rav Yaakov concentrates on one word, Vayashkem, and he woke up. The posuk says that Avraham woke up…this means that he went to
sleep! How was it possible for Avraham Ovinu to go to sleep, having been told that the next morning he was going to have to sacrifice his only son, the son he had waited one hundred years for. The son who was going to continue his legacy and help fulfil the promises of the bris bein habesarim. And still that night he went to sleep! Imagine you were told that tomorrow you would have to say goodbye to someone you love, imagine that you were told that you would never see this person again, surely you would stay up all night crying, upset that you were about to lose a person you love. Surely you would spend as much time as possible with them. Avraham Ovinu possessed such an exalted level of bitochon that he did not act in the same way as we would have done, rather he went to sleep and then woke up the next morning ready to fulfil the request of Hashem. Zeh l’umas zeh asah Elokim (Koheles 7:14), Hashem creates opposite and equal forces of good and evil in the world. We find another story of someone in the Torah who surprisingly was able to go to sleep. When the Jews were about to leave Mitzrayim, Moshe told Paroh that at chatzos, midnight, all of the first borns would be killed, it would be the biggest of all ten plagues. What did Paroh do? He went to bed! We know this (as we sing Paroh in pyjamas in the middle of the night and…) as the posuk says ‘vayokom paroh laylo’ and Pharaoh got up in the night (shemos 12:30). So at midnight all the first borns are going to die and at (let’s say) 23:30 Pharaoh is getting into his pyjamas and going to sleep. Such a lack of bitochon. This is the zeh l’umas zeh of the bitochon of Avraham Ovinu at the Akeidu, Pharaoh had such little trust in Hashem that he was able to go to sleep as if it was a normal night, knowing that makas bechoros would never happen. We also find that Dovid Hamelech in Tehillim (3,6) after speaking about all of his hardships with Avsholom etc… says ‘ani shochavti vo’ishana’ ‘I will lie down and go to sleep’ and Hashem will look after me. Just like Avraham Ovinu, Dovid Hamelech is able to sleep throughout his hardships as he trusts in Hashem. We all have busy lives and we never know what challenges and surprises tomorrow will bring both in are personal lives and on a global scale but if we can go to sleep at night because we trust in Hashem then we should have the same level of siyata dishmaya as Avraham Ovinu and Dovid Hamelech as we believe and trust that Hashem is looking after us. M
16 November 2019
י“ח חשון תש"פ
פרשת וירא
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The Choice Way
Rabbi Label Lam Torah.org
And Hashem said, “Shall I hide from Avraham what I do, now that Avraham is surely to become a great and mighty nation, and all the nations of the world will bless themselves by him?! For I have loved him (Avraham) because he will command his children and his household after him to keep the way of Hashem to do acts of charity and justice in order that Hashem might bring upon Avraham that which He had spoken of him. (Bereishis 18:18-19)
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vraham is being treated as a partner of The Al-mighty. A loyal friend would not do something that would upset his comrade’s world without first consulting with him. It’s wondrous to behold such a level of Divine endearment directed at a single mortal individual. It begs a larger question though.
The hint is as subtle as the sun at noon! The verse above identifies two items. Avraham will teach his children to go in the way of Hashem for all generations! Well, what is the way of Hashem? How is it such a certainty that Avraham will be able to cast his opinion and his influence across so many future generations?
The Ramchal in Derech Etz Chaim writes the following: This is the most powerful medicine that you can find to cure the negative inclination. It’s easy and yet it result is profound, and its fruit is plenty. The person should set aside and fix at least one hour daily a time without any other distractions and consider and focus on only this matter about which I have spoken (to wonder about your purpose in the world) and he should consciously meditate in his heart on the following question: “What did the Patriarchs of the world do that Hashem desired them so? What did Moshe do? What did David the anointed one do? And all the other great individuals that preceded us, what did they do that they went up into His mind? What would be good for a person to do all the days of his life so that it should also be good for him?
A woman was buying clothing for her boys for an upcoming Yom Tov when she noticed the rather sad face of a child pressed against the window of the store on the outside. She recognised the boy and remembering that he was an orphan who had recently lost his father. She asked her own children to step aside momentarily while she went outside to speak to the young fellow. Within minutes the mother had kindly coaxed the youth into the store and was urging him to pick out a jacket, pants, shirts, and a tie just as if he was her own. While she stood on line to pay for these items the boy queried naively, “Are you Hashem?” The woman chuckled and responded in all modesty, “No! I’m just one of his children!” To which the boy retorted, “I thought we were related!!”
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What might we be able to do that would earn perhaps similar recognition? Could anything be more important in the entire world?
The verse explicitly states that the way of Hashem is “to do acts of charity and justice”. So Avraham is portrayed as living in Hashem’s spotlight, high on the stage of human history at an advanced age, infirmed, deep in prophecy, yet in search of strangers in the heat of the day to wash, feed, and dignify. Styles and tastes come and go. The political landscape changes like the seasons. An act of kindliness, though is classic-always instyle, and for all time it’s the choice way. M
erything and anything He doe
What had Avraham done that distinguished him from all the other people that came before him? What had he done to be chosen? How did he prove himself worthy to Hashem?
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Oneg Shabbos Issue 226.
Rabbi Yehoshua Alt Author, “Fascinating Insights”, a weekly email on the Torah and Moadim
This page has been sponsored anonymously
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The Great Haran he Sefas Emes is bothered that לוט merited to be with Avraham as well as having Dovid Hamelech and Moshiach descend from him.1
Rashi tells us that Nimrod threw Avraham into the ;כבשן האשfiery pit after he smashed his father’s idols. Haran- who was there- said to himself if Avraham is victorious then I am of his supporters whereas if Nimrod is victorious then I am on his side. When Avraham was saved they asked Haran whose side he is on. He answered Avraham’s. They then threw him into the pit and he was burned.2 Although it seems that Haran’s act wasn’t so righteous, let us see the view of some commentators’. The Sefas Emes remarks לוטmerited what he did in the merit of his father Haran who was Moser Nefesh himself by the כבשן האשalthough it wasn’t a fully altruistic act like Avraham’s. This is still included in being burned for the sanctification of Hashem’s name. We are taught that לוטwas saved from Sodom where the smoke of the earth arose like the smoke of a lime pitכקיטר הכבשן.3 The Gemara tells a story that the daughter of Nechunya (Nechunya dug cisterns along the roads for rainwater so that there would be abundant water for those who made the pilgrimage to Yerushalayim for Yom Tov) fell into a large cistern. She emerged safely from the pit since דבר ;שהצדיק מתעסק בו יכשל בו זרעוthat which a Tzadik- Nechunyaoccupied himself with, his child won’t stumble upon.4 The Chasam Sofer applies this idea here as Avraham knew that לוט would be saved since his father Haran honoured Hashem by the כבשן האשthereby making it impossible that his son would suffer from the כבשןby Sodom. So, לוטwas saved in the merit of his father.
The Chasam Sofer comments elsewhere that Haran was a big Tzadik (but not like Avraham) as he was Moser Nefesh5 by the כבשן האש.6 As a result, the women of the Jewish people come from7 him.8 Haran had three children- מלכה, יסכהand לוט.9 יסכהis Sarah.10 Milka was the grandmother of Rivka and the great-grandmother of Rachel and Leah. So, the Jewish people come from Haran. There were also another two holy women not included in this who were also from Haran. That is, Rus and Naama,11 as they were from Amon and Moav who descended from Lot. This is where Moshiach comes from.12
מואב רות
לוט
1
2 3 4 5
6
הרן
עמון
(שרה )יסכה
מלכה
רבקה
נעמה
Sefas Emes, Lech Lecha, תרלז, s.v. טעם. After all, לוטwas far from righteous. One place we see this is by the fact he chose his neighborhood because they were steeped in lewdness (13:10, Rashi. see also 13:7, 13, 14 Rashi). 11:28, Rashi Breishis 19:28 Yevamos 121b Chasam Sofer on the Torah, Breishis 22:20. Haran was in between meaning he was great but not as great as Avraham and not as bad as Nimrod (See Shela in Pesachim, Drush Shlishi). This is hinted to in his name as ה has a numerical value of 5. This is the midway point of single digits. רis 200 which is the midway point of the hundreds (as ת, the last letter, has a Gematria of 400). נis 50, which is the midway point in the tens. In this light, we can grasp אור הנר יפה
בתואל לאה
רחל
(Pesachim 8a) as that which הרן- which is comprised of the same letters as הנר- was Moser Nefesh at אור כשדיםwas great- יפה. 7 The men- Yitzchak and Yaakov- come from Avraham. So, these people brought Godliness into the world. For this reason, the first letters of מלכה, יסכה, הרן, לוט, אברהםforms the name ים-אלה. 8 Just as Haran didn’t do it on his own rather it was an outcome of Avraham, likewise, he merited the women that go along with their husbands. 9 11:29, 31 10 11:29, Rashi 11 Indeed, הרןforms an acronym for , רות,הרן נעמה. 12 If we take the initials of , לוט, יסכה,מלכה הרן, we get the word מילה, since the future progeny of the Jewish people came through them.
After
s r a e y 120 t you
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פרשת וירא
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hl om o
Fr e i feld זצ"ל
י“ח חשון תש"פ
The Comeback Kid
16 November 2019
S Reb
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Heard from Reb Ephraim Wachsman who heard it from Reb Nosson Deutsch ne of the unfortunate victims of the social upheaval of the 1960’s was young Moshe Kleinberg (not his real name). Moshe attended the finest yeshivas in Europe.
However, Moshe got caught up in the times and eventually left yeshiva. Once out of yeshiva, young Moshe began to slip in his mitzvah observance. The yarmulke came off, the hair grew long, Shabbos was desecrated... in a short time, Moshe became a totally secular Jew. Moshe had gone off the way of Hashem. Moshe wandered around Europe searching for meaning. Eventually, Moshe found himself in America. Soon after arriving in America, Moshe ran out of money. He had nothing to eat and he became desperate to get a job to feed himself. One day, Moshe picked up a newspaper and saw an advertisement which caught his eye. A yeshiva in the area was looking for a janitor. The thought of stepping foot inside a yeshiva again was a little difficult for Moshe. It had been several years since Moshe had left Yiddishkeit. However, at this point he was literally starving, so he would try anything for money. So, a little while later, Moshe walked into the yeshiva of Reb Shlomo Freifeld zt’’l and applied for the job of janitor. Reb Shlomo greeted Moshe warmly and the two sat down together to speak about the position. Reb Shlomo was not surprised by the raggedy appearance which Moshe presented. In those days, all types came to learn at the yeshiva of Reb Shlomo. However, Reb Shlomo sensed that there was something different about Moshe, he was no ordinary candidate for the job of janitor. Reb Shlomo could see into the soul of Moshe; the light was faint, but it was definitely still burning. Reb Shlomo instinctively began to ask Moshe about his background and schooling. Soon, Reb Shlomo found out what he had suspected from the very beginning: Moshe came from a religious background and had attended the finest yeshivos in Europe. Reb Shlomo then surprised Moshe by offering the long haired young man a position as Magid Shiur.
Moshe was shocked! “Me, a Magid Shiur? I have long hair. I am not religious. I have not learned for so long.” Reb Shlomo would not take “no” for an answer. Moshe had learned for several years in yeshiva, surely he was qualified. And besides, Moshe was hungry and needed a job. Moshe agreed to show up a couple of days later to begin giving a shiur in Bava Metzia. There was little time to prepare for the lesson, so Moshe hurried to begin learning again. Moshe got a hold of a Bava Metzia and began preparing for the lesson. Moshe thought it would be funny for him to show up for the first day of work without a yarmulke, so, Moshe went out and got a yarmulke. The first day went well enough, the three students asked questions and Moshe seemed to really understand the learning. Soon after, Moshe approached the Rosh Yeshiva Reb Shlomo and told him that he felt bad that he was not wearing tzitzis. “So get a pair of tzitzis” said Reb Shlomo. Sure enough, Moshe went out and bought a pair of tzitzis and began wearing them all the time. Eventually, Moshe felt ashamed of his long hair and so he got a more appropriate haircut for a Jewish young man. Slowly but surely, Moshe began to take on more and more mitzvahs. Shabbos, tefillin and kosher eating became a part of his life again after so many years of being away from Hashem. Today, Moshe is a fully observant Jew with a large family with several Orthodox grandchildren. Moshe and the world will forever be thankful to Reb Shlomo Freifeld, who gave a young long haired man a second chance. Reb Shlomo saw a spark in Moshe. The long hair and the messy appearance of Moshe did not fool Reb Shlomo. Reb Shlomo felt that Moshe had potential in his soul. Reb Shlomo was right. Reprinted from the Parshat Mishpatim 5779 email of "Good Shabbos Everyone".
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Oneg Shabbos Issue 226.
Restoring Restoring the primacy the primacy of Choshen of Choshen MishpatMishpat Under Under the auspices the auspices of Harav of Harav Chaim Chaim KohnKohn שליט"א שליט"א
Rabbi Meir Orlian Halachah Writer, BHI
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לע''נ אריאל יהודה ז''ל בן ר' פינחס צבי נ''י קליין
TWO-WEEK RETURN POLICY Mr. Teller owned a store selling mobile phones. Above the sales counter hung a large sign: “Defective items must be returned within two weeks for a refund.” “Why is that?” asked one customer. “I need the phone back within two weeks,” explained Mr. Teller, “so that I can return it to the distributor in a timely manner to receive credit.” One day, Mr. Klausner bought a phone, which proved defective. He tried returning it a week later, but the store was closed that day. He gave the phone to his son. “I have to return this phone to Mr. Teller’s store,” Mr. Klausner said, “but I’m going away for a month. Could you please return it sometime this week?” The son delayed in returning the phone, though. Three weeks later, he brought it to the store. “I’m sorry,” Mr. Teller said, “but this phone was purchased a month ago. Do you see the sign above, that defective items must be returned within two weeks for a refund?” “I didn’t know that,” said the son. “My father asked me to bring it in that week, but I didn’t realize why.” “That’s not my responsibility,” said Mr. Teller. “Your father should have told you.” Mr. Klausner returned a week later. “I understood that my son delayed in returning the phone,” he said to Mr. Teller. “I tried to return the phone promptly, but the store was closed. Furthermore, what difference does it make when I return the phone? It was defective from the beginning, and the sale was void from the outset!” “Nonetheless, the sign in my store clearly states that defective merchandise must be returned within two weeks,” argued Mr. Teller. “Even if you’re not at fault for the delay, I’m not obligated to take it back anymore!” The two approached Rabbi Dayan. Can Mr. Teller refuse to accept the defective phone? “In principle, defective merchandise can be returned even much later,” replied Rabbi Dayan. “The initial sale was void from the beginning (C.M. 232:3).
Nonetheless, if the sale terms stipulate that returns must be made within two weeks, the terms are binding. As a rule, any stipulation in monetary manners is binding (C.M. 225:5). For example, the Gemara (B.B. 44b) teaches that when someone sold real estate stipulating that the sale is without guarantee, even if the property turns out to be stolen, the seller does not have to return the money. Even though the sale was void from the beginning, the stipulation is binding, and the customer waived his right. Although Shach (37:25) limits this ruling to real estate, since a person sometimes is willing to acquire real estate even for a short time, Shulchan Aruch (C.M. 37:16) does not differentiate between real estate and other items. On the other hand, the Gemara (B.M. 51a-b) addresses the case of a seller who stipulated that the customer should not claim ona’ah (overcharging). The halachah follows Rav that the stipulation is not valid. Many Rishonim explain that this is because the customer does not know what he is forgoing, and therefore it is like mechilah b’taus (unintended forgoing). A similar halachah applies if the seller stipulated that the customer should have no claim of defective merchandise. Nonetheless, this may be because the parties are not sincere about the stipulation, which might not apply here (C.M. 227:21; 232:7; Pischei Teshuvah 232:4; Maharsham 3:128). “I should add,” concluded Rabbi Dayan, “that the stipulation must be made at the time of purchase, in a manner evident to the customer, such as a prominent sign in the store, or a verbal statement to him. Fine print would not suffice. Although a person who signs a contract cannot claim that he was unaware of the fine print (C.M. 45:3), the transaction here and the accompanying stipulation was primarily through taking the item, not through the contract.” Verdict: If the return stipulations are evident, Mr. Teller can refuse to accept the defective merchandise back.
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
16 November 2019
י“ח חשון תש"פ
פרשת וירא
MIDDOS דרגה יתירה Rabbi Zalman Guttman Ramat Shlomo
ויאמר המלט על נפשך אל תביט )יז-אחריך (יט
We each have a yetzer hara who tries to ensure that we do not succeed in our Avodas Hashem. It is shrewd and conniving and manages to disguise itself in many shapes and forms. Often it causes that which is forbidden to become so tempting that one simply cannot withstand it. When this does not work it will switch tactics and make what is forbidden seem like a righteous and pious act. The yetzer hara can make someone feel so conceited that he believes he has nothing left to work on, to improve. However, says R’ Dr. Abraham J. Twerski, one of the most common and dangerous schemes of the evil inclination is when it makes one feel so depressed that he has no desire, no energy, to do anything at all. It tells him, “Look at all the terrible things you’ve done. How can you possibly have a relationship with Hashem?” It is not apparent that this is the workings of the evil forces inside us. In fact, we often believe that such inner voices are coming from the yetzer tov urging us to repent. The way to avoid being trapped by the yetzer hara, is to heed the advice that the angel gave Lot: “Escape with your life, do not look behind you!” Don’t dwell on your past mistakes. There is a fine line between introspection and inner-destruction! If your thoughts are causing you to feel uplifted, then you are on the right track. But if your feelings are causing you to feel worthless and depressed, know that this could only be the work of the yetzer hara and you must stop looking at the past and focus on building a better future. Like Rabbi Twerski says: “If you fall into mud, get up and wash yourself off. Don’t dwell on how you fell in and how it felt to wallow in it.” We must look forward if we wish to escape the wily tactics of the evil inclination.
9
SHEMIRAS HALOSHON
FOOD FOR THOUGHT TO SPARK N CONVERSATIO
WHAT KIND OF QUESTION IS THAT ? When researching a shidduch, parents have a crucial mission – to ensure that the people their child meets are wholesome and healthy. To that end, they dig down deep into the prospective date’s personality and life, often feeling that any area is fair game for investigation. But is it?
THE DILEMMA Adina and her friends were all dating and Adina was a reference for many of them. However, some of the questions the callers were asking her had her rattled. They seemed random and downright nosy. One wanted to know what time her friend went to bed at night. Another asked if the girl read books or just short articles. Yet another caller asked what kind of lunches the girl brought in high school. “Do I have to answer these questions?” Adina asked her mother. “Am I even allowed to?”
THE HALACHAH
If it’s not loshon hora, she is allowed to answer. However, Adina could, if she wishes, respectfully ask, “May I ask why this is important for a shidduch?” In general, we can decrease the awkwardness and tension of shidduch research by sticking to relevant information.
Sefer Chofetz Chaim Hilchos Rechilus 9:1
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.
10
Oneg Shabbos Issue 226.
נדה כ"ד
CO U
E TH
Daf Yomi WEEKLY
DOWN TO NT
Siyum Hashas
54 X
DAYS
HALACHA HIGHLIGHT Burier of the dead
’אבא שאול אומר קובר מתים הייתי וכו
Stories from the Daf H2
Abba Shaul said, “I was a burier of the dead etc.”
The Gemara discusses how Abba Shaul or R’ Yochanan was involved in burying the dead. Shelah1 explains that it is a great mitzvah for one to bury the dead. Even though it is not an independent mitzvah, nevertheless, it is included in the general mitzvah to imitate Hashem. Just as Hashem buried the dead, so too we should bury the dead.
Teshuvas Meishiv Shalom2 was asked about a scribe who decided that he would also become a professional burier of the dead. People in his town were upset claiming that a scribe is obligated to remain in a state of purity and being involved in burying the dead on a regular basis is contrary to that state. The question was strengthened with the citation of the Mishnah in Demai (2:3) that a chaver accepts upon himself not to become tamei from a corpse. This teaches that there is a value to staying away from a corpse. Granted nowadays everyone is presumed to be tamei from a corpse since we do not have parah adumah ashes but it should be worse if someone buries people professionally. As such the scribe should have to choose between being a scribe or a burier of the dead. Teshuvas Meishiv Shalom answered that although it is true that a scribe must excel in piety and yir’as shamayim, nevertheless, we cannot stop him from becoming a burier of the dead. Proof that being a burier of the dead is not a disqualification was our Gemara’s account of how Abba Shaul or R’ Yochanan were involved in burying the dead. Moreover, the Gemara relates that Hashem also was personally involved in burying the dead. This proves that burying the dead is praiseworthy rather than something negative. A far as the tum’ah issue is concerned he answered that as long as we are lacking the means to remove the tum’ah from our bodies there is no rationale that tum’ah should be a reason that someone should not be able to work as a scribe. Practically, however, he told them that a scribe should refrain from becoming a burier. Since generally the most distinguished people are not involved in burying the deceased it is considered disgraceful for a scribe who is to be expected to be especially respected to engage in an activity that appears beneath his dignity.
. פר’ חיי שרה נר מצוה1 . שו”ת משיב שלום סי’ י”ג2
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A
vrohom is sitting in the highest state of Divine meditation with Hashem. He spots some dusty travellers, pauses his conversation, and rushes to wash their feet and feed them.
Why pause a conversation with Hashem for some travellers?! Furthermore, if the goal of doing the mitzvos is to connect to Hashem, then Avrohom was definitely already connected, and didn’t need to do this mitzvah? Yet he does it. Why?
The Gemara deduces from here that ‘it is greater to welcome guests, than to welcome even the Divine Presence’ (Shabbos 127a).
The Jewish ideal is not to be with Hashem in some sort of spiritual state, rather it’s to be LIKE Hashem. (R’ Noach Weinberg zt’’l). The more we are like Him in this world. The more we will be with Him in the next. As Hashem is the ultimate Giver, one of the ways that we must emulate Him is by giving!
Avrohom is the prime example of someone who does exactly that. Old and weak from his bris milah, despite having servants, he runs to personally choose the animals so that his guests could partake in not just a basic, but a sumptuous meal.
Being like Hashem is an essential step towards achieving closeness to Him.
Closeness
Closeness
in the
ual t i r i p s l a world physwicorld
is measured by
in the
proximity
is measured by
similarity Brought to you by
- R’ Kelemen
16 November 2019
י“ח חשון תש"פ
פרשת וירא
Sages through Ages THE
11
Dr Benji Schreiber
Shimshon Raphael Hirsch Hamburg, then France 1808 – Frankfurt, Germany 1888 כ”ז בטבת Rav Shimshon Raphael Hirsch was
Silesia. He fought valiantly against the
actually called Shimshon Hirsch. Raphael
Reform. However, some of the Orthodox
was his father’s name. His mother was
criticised him for his emphasis on learning
called Gilah. He was born in Hamburg,
Tanach.
then part of France. His grandfather, Rav Menachem Mendel Frankfurter, was a talmid of Rav Yonasan Eibeshitz. It was his father, Raphael Hirsch, who changed the family name from Frankfurter to Hirsch.
In 1851 he became Rav of an Orthodox group called the ‘Israelite Religious Society’ in Frankfurt where he continued for the rest of his life.
His father’s brother was the famous Moses
Works
Mendelssohn, a founder of the Haskalah
In the Nineteen letters, written as a
movement, ‘Jewish Enlightenment’.
correspondence between a young and
As a child he learnt from his father and
searching student, Benjamin, and Naftali,
grandfather. He learnt from Chacham
a well-informed Rav, Rav Hirsch reached
Yitzchak Bernays (1792-1849), who was
out to the German speaking younger
mentioned in Avot 3:21) and includes the
Chief Rabbi of Hamburg. He also studied
generation, explaining Torah concepts in a
knowledge and skills that facilitate success
under Rav Yaakov Ettlinger (the ,ערוך לנר
contemporary style.
in the ‘world of Nature’. Rav Hirsch took
1798-1871). He studied in the University of Bonn where he became friends with Abraham Geiger (1810-1874) who later became a founding father of reform Judaism and a bitter opponent. In 1830 he became Chief Rabbi of Oldenburg and published his famous Nineteen Letters in 1936. These short powerful letters, defending Orthodox
In his large work, Horev, Rav Shimshon Raphael Hirsch devoted himself largely to explaining טעמי המצוות, the ideas underpinning the 613 mitzvot. He divides the Torah into six sections: Torot, Edut, Mishpatim, Chukim, Mitzvot, and Avodah.
it further and understood derech eretz to encapsulate “everything that results from the fact that man’s existence, mission and social life is conducted on Earth, using earthly means and conditions. Therefore this term especially describes ways of earning a livelihood and maintaining
His commentaries on Chumash, Tehillim
the social order. It also includes the
and the Siddur are all widely read.
customs and considerations of etiquette that the social order generates as well as
Judaism were written in classic German
Torah Im Derech Eretz
and quickly became a sensation.
The Mishna (Avot 2:2) says “Beautiful is
In 1841 he became Chief Rabbi of Hanover
the study of Torah with derech eretz, as
where he founded a secondary school with
involvement with both makes one forget
a Jewish and secular studies curriculum,
sin”.
his Torah Im Derech Eretz.
The phrase derech eretz is ambiguous.
the Israelitische Religionsgesellschaft. The
In 1843 he applied to be Chief Rabbi of the
It is usually interpreted as earning a
phrase has since been synonymous
British Empire, but Rabbi Nathan Marcus
livelihood. The Maharal (1525-1609)
with Rav Hirsch as well as with his
Adler was appointed. In 1847 he became
argues that Derech Eretz refers to more
philosophy.
Chief Rabbi of Moravia and Austrian
than just “earning a livelihood” (the flour
everything concerning humanistic and civil education.” When Rav Hirsch first came to Frankfurt in 1851, he proclaimed Torah Im Derech Eretz as the ‘banner’ for his congregation,
M
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