228. Oneg Shabbos Toldos

228

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‫הריני בא ללמוד תורה לשמה לעשות נחת רוח לאבינו שבשמים‬ ‫מוצאי שבת ר"ת‬

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‫פרשת תולדות‬ ‫ב' כסלו תש"פ‬

30 Nov 2019

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Who Is The Wise One?

Rabbi Yissocher Frand Rosh Yeshiva, Ner Yisrael Baltimore

Parshas Toldos contains the famous story of Esav selling the birthright to Yaakov. After the transaction, the Torah uses the expression “Vayivez Esav es habechorah.” [And Esav scorned the birthright.]

Bereshis 25:34. Rashi explains that this expression is testifying to Esav’s wickedness.

It is obvious from the context of the narrative that Esav scorned the birth right. This added expression tells us that there was an additional scorning — over and above that implicit in the sale itself.

Rav Leib Chasman zt’’l tells us that this pasuk provides an important insight into the human personality: When we do irrational or foolish acts, we compound our folly by attempting to rationalise what we have done. Nobody wants to believe that he is an idiot or that he has done something stupid. So when people realise that they have done something foolish, what do they do?

Invent a philosophy! People will invent a philosophy to rationalise their deeds.

In other words, Esav was starving — hungry as a bear. His stomach was driving him. He did not evaluate what he was doing.

“Don’t talk to me about the birth right — just give me something to eat.” After finishing the lentil soup, he realized that he did a foolish thing. The human mind needs to rationalise its actions. “It wasn’t worth it anyhow. The birthright was worthless! I would do it again!” “Vayivez Esav es habechorah” is the human mind’s necessary rationalisation to justify its own foolish actions.

We twist ourselves into pretzels and invent the most ridiculous philosophies to convince ourselves that we are not foolish. “I’m the one who got the best of the deal. The birth right is not worth a pot of soup.”

the chochom is not the one who never does anything foolish. The chochom is the one who, after doing something foolish, can look back and recognise that it was a mistake. “I was, in fact, stupid.”

The fool, on the other hand, invents philosophies to perpetuate his errors, so that he does not need to face his mistakes.M

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Oneg Shabbos Issue 228

Logic Is No Match For Emotions “And Yaakov said, sell this day your birthright to me... and Esav rejected the birthright (Bereishis 25:31,34)”

T

he above posuk relates that Esav returned from the field exhausted and famished. Yaakov was in the midst of preparing a bean stew. When Esav saw the stew he immediately and urgently craved to eat it. Yaakov said, “Sell this day your birthright to me..” Esav agreed and sold the birthright to Yaakov in exchange for a bean stew.

This is mystifying. Didn’t Esav know the value of the birthright? Didn’t he realize that the bearer of the birthright would be the recipient of the brachos for himself and his descendants for all generations to come? Surely he did. For when he discovered that Yaakov received the brachos before him, he let out a “loud and bitter scream (Bereishis 27:34).”

Hence he fully understood and realised the value of the birthright and what he had lost. If so, how could Esav do something so irrational and illogical as to sell the invaluable and precious birthright in exchange for some paltry beans?

Perhaps we see from here the blinding and obstructive nature of ta’avah, temptation. Despite his recognition of the inherent value of the birthright, Esav’s craving and yearning for the bean stew blinded and obscured his otherwise keen insight and perceptiveness. He funelled all his temptations and focused them toward one goal - to obtain and enjoy the luscious bean

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stew. These emotions Rabbi Elyakim Rosenblatt ZTL overwhelmed Rosh Yeshiva, Yeshiva Kesser Torah and literally steamrolled anything and everything that stood in their path, including his logic. His emotions reigned supreme. His logic and intellect no longer functioned.

Thus Esav was able to sell the precious birthright for a worthless bean stew.

This is mystifying. This explanation is understandable only for that instant, when Esav was in the midst of temptation; however, after he ate, drank, and satiated himself, and his temptation was satisfied, why did he then “reject the birthright?” At this point, his logic and intellect were fully restored and functioned normally. Shouldn’t Esav have then let out with a “loud and bitter scream” for selling the birthright for a worthless bean stew? Why did he instead despise, belittle, and “reject the birthright,” as if to say, “The birthright is nothing anyway?”

Perhaps the answer to this question is, that after eating, drinking, and satisfying himself, a new temptation had now entered upon the scene, the temptation for kavod, honour.

What should Esav do upon realizing the foolish thing that he did - selling the birthright for a bean stew? Should Esav admit to this foolish act? It would be a shameful embarrassment for Esav to admit to the gross error that he had committed. His ego would not allow him to do so. His internal self-condemnation would torture him until the end of his days. Esav therefore had to satisfy his conscience by rationalizing and justifying his act.

He therefore despised and “rejected the birthright”, as if to say, “the birthright is nothing, anyway.” His mind was now at peace.

He had done nothing wrong.

These emotions which occurred within the heart and mind of Esav are in reality natural human reactions which readily occur within our very own lives. We may succumb to a bias toward even the most meagre physical pleasure, which can distort our ability to see the truth. We then rationalise and justify our act in order to satisfy our ego.

May we merit to be aware of these emotions that exist within us. May we be zoche to discern between the biases and their consequent rationalisations and what in reality is truth.

May Hashem help us to purify our hearts and serve Him in truth. Vetaher libeinu leavdecha beEmes.. M

For questions on Divrei Torah, please email the editor Rabbi Yonasan Roodyn at editor@oneg.org.uk

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30 Nov 2019

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‫פרשת תולדות‬

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Following in Yaakov Avinu’s Path

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R ABB WAYLANID & FAMILY

ON THE BA

“The boys grew up. Esav became a skilled trapper, a man of the field. Yaakov was a scholarly man who remained with the tents.” (25.27; translation Rabbi Aryeh Kaplan: the Living Torah). Thus begins the saga of Yaakov and Esav: two brothers who parted ways, their descendants with character traits that define the very essence of Bnei Yisrael and Edom – and the modern heirs to the legacy of Rome – to this very day.

This moment of gadlus – with the incipient parting of the ways – is the first recorded Bar Mitzvah in the Torah.

As such, the Midrash (Bereishis Rabbah 63.10) records that, “Rabbi Elazar says, one has to be involved (lehitapel) with his son until 13 years; thereafter he should say “Blessed is He who has exempted me from the punishment of this one.”

This comment of the midrash is the source for the text of the ‘Bar Mitzvah bracha’, as recorded in the Rema (225.2): “there are those that say that when one’s son becomes Bar Mitzvah say ‘Blessed are you, Hashem King of the Universe, who exempted me from the punishment of this one’, and it is good to say it without Hashem’s Name”.

However, the Midrash that is the source of this bracha, is talking about one of the most extreme and jarring cases in Jewish History: the moment Esav left the fold. We learn that on the day he became Bar Mitzvah, he engaged in the most terrible sins; the death of his grandfather Avraham was hastened so as to spare him the anguish of seeing his grandson leaving the path so dramatically. Yitzchak and Rivka, raising their twins in an environment that was the holiest of the holy, cannot, chas v’shalom, be faulted for not recognising the extent to which Esav misused his

potential, for the art of ‘trapping was in his mouth.’

At this point, precisely – after learning about the nature of Esav, about how now Yaakov was free from his influence – the Midrash tells us that one should bless Hashem for ‘exempting me from the punishment of this one.’

If so, how did this bracha, said first by Yitzchak on the release of his culpability from Esav, become part of our canon of brachos, now linked with celebrations for a Bar Mitzvah?

As aforementioned, there is a machlokes as to whether one should say the full bracha text; common practice is to say without the Divine Name. The Mishna Berurah explains that this is because the bracha is not mentioned in the Gemara. Rav Yehuda H. Henkin, however, suggests that only a tzaddik like Yitzchak is able to say confidently that he has done everything in his power to educate his son, and declare, without any hesitation, “I am exempt from the punishment of this one.” To say the bracha without Hashem’s Name is to make two statements: that I have tried as a father, but also that there are times I may not have done everything I should have.

Perhaps this very ambiguity in the bracha is a tikun for the life of Esav. Esav was the one who was born ‘made’, as per his name (Esav/asu’i). Living an Esav life is one in which you are who you are, the world has to take you as you come, and that change is impossible, improbable, or not necessary. Yaakov, on the other hand, lived life as a process: learning, growing, devoting himself to conquering challenges in avodas Hashem. Declaring the bracha without Hashem’s Name is then saying I want to put myself in

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the camp of Yaakov – one of a dynamic process; rather than of Esav – where my job is done.

Parenthood, like living a life of Yaakov, is a process: we try, we succeed, we sometimes fail, but we acknowledge that not everything is in our hands and we rely on Hashem to guide us. This, perhaps, is the poignant message of this bracha: I may have tried my hardest, and in that want to acknowledge my role in bringing this child to the age of independence, but maybe I did fail, and so as father and son we still have work to do, and will share the responsibility for the actions of one another. With Hashem’s help, we can follow in the path of our forefather Yaakov: not taking the past as fixed, appreciating the present, but living for the future. M

4

Oneg Shabbos Issue 228

T

he sense of smell is one of our five basic senses and plays an important role in our daily lives. In addition to alerting us to dangerous fumes and enabling us to enjoy a myriad of wonderful scents, smell is closely linked with the sense of taste and our ability to enjoy food and drink. With that said, it is a sense, many people feel is dispensable. In a survey of 7,000 young people around the world, about half of those between the age of 16 and 30 said that they would rather lose their sense of smell than give up access to technology like laptops or cell phones!

Tell them to read on!

f Hi s o C t n

There is a fascinating Gemara in Brochos 43b which questions the source of reciting a bracha before smelling a pleasant odour? The Gemara previously taught that one is obligated to recite a bracha before partaking in any pleasure in this world. Rav Zvi Elimelech of Dinov zy’’a (Bnei Yissoschor – Sivan – Maamar Dalet) is bothered by the Gemara’s question.

Why should one think that the pleasure of rei’ach is any different to the pleasure of taste? The Gemara has already ruled that one must recite a blessing before deriving pleasure from this world, surely rei’ach is no different! (On the contrary, the commentaries struggle to understand why one does not recite a blessing on hearing beautiful music as this is also a physical pleasure and should therefore require a bracha beforehand.)

He explains that since the time of the original sin, good and evil became enmeshed with one another. Nothing is totally good or totally bad. Everything has elements of good, as well as aspects of bad. It is our job to refine, to separate and to access the good while leaving behind the bad. We try to accomplish this, every time we eat or drink by initially reciting a bracha.

Food has the capacity to give us strength to be able to function in the world and to serve Hashem properly. At the same time, it is very alluring and can cause us to indulge, become unhealthy and ultimately chase after physical pleasure. We recite a bracha in which we consciously remind ourselves that Hashem is the

He points out that out of the five senses of sight, sound, smell, taste and touch, four of them were involved in this original sin of Adam and Eve. The exception being the sense of smell. The sin began with, Va’tereh ha’isha – and the woman saw the fruit. (Sight) She took the fruit, (touch) ate from it (taste) and told Adam to eat from it also. He listened to his wife (sound) and followed her example. The one sense which remained pure was the sense of smell. It is for this reason that the sense of smell is considered to a more sublime and refined sense as it was never tainted by the original sin. It is for this reason that the Gemara questions the source of the obligation to recite a bracha on smell as one might think that a blessing is not needed. The source provided is the last passuk in Tehillim, Kol ha’neshama tehallel Kah – every soul shall praise Hashem. The Gemara explains, what is something that the neshama, the soul specifically, derives enjoyment from? This is the sense of smell and nevertheless the passuk says that the neshama must praise Hashem for this pleasure.

in g th lo

Let us examine the concept of smell in Torah to gain a deeper insight into this wonderful sense. Smell or rei’ach as it is referred to in lashon ha’kodesh, is a fascinating idea with much depth and symbolism. Perhaps the first place where the Torah speaks about a human being smelling something is in this week’s Parsha where it says, Va’ya’rach es rei’ach begadav, and he (Yitzchok) smelled the scent of his clothing. As Yitzchok was blind, the sense of smell was very important to discern and recognise his surroundings. It was this sense, to a great extent, he relied upon in deciding that it was, in fact, Esav standing before him and not Yaakov.

The Sc e

source of the food and it is He Rabbi Yaakov Hamer who has allowed Bridge Lane Beis Hamedrash us to partake of it. It should therefore be used appropriately.

It follows that the mental exercise we should be engaging in every time we eat is, I am aware that You, Hashem have caused the food to come into existence and that You are the one who ultimately has given me this food to be used appropriately.

It follows that the sense of smell is associated with one’s soul and is more spiritual than the other senses. Indeed, on Motzoei Shabbos when our neshama yeseira (additional connection to our soul) departs, we revive ourselves by smelling aromatic fragrances to give the neshama consolation for having been diminished. The Medrash says that tribe in Klal Yisroel associated with this sense is Menashe, ‫ מנשה‬which shares the same letters as the word neshama, ‫ נשמה‬as it is the neshama which benefits from this sense.

Let us hope that our actions serve as a ‫ריח ניחוח‬, a pleasant aroma to Hashem and that we will merit to see the great spiritual individual, the one about whom it says, ‫והריחו את יראת‬ ‫’ה‬, and he will smell of the fear of Hashem. He will not need to judge with his eyes nor hear with his ears as he will be endowed with a heightened sense of smell, namely a profound connection with his neshama. M This page is sponsored ‫לע''נ ביילא בת ר׳ משה ע''ה‬

30 Nov 2019

‫ב' כסלו תש"פ‬

‫פרשת תולדות‬

5

Tefilla or Meditation Rabbi Zalmy Brackman Rabbi of Leytonstone and Wanstead Synagogue, Federation

Single Malt vs. Delicate Blend

One of the most common questions asked is: if I spend a lot of time meditating on Hashem do I still need to Daven? Whenever I hear this question, I think to myself, if only we could appreciate the true depth of the mitzvah of tefillah!

The Baal Hatanya relates that when he was twenty years old, he had a choice of two paths, to go to Vilna to learn how to study Torah or to go to Mezritch to learn how to Daven, he said, that to learn Torah he already knew a little, but to Daven he knew almost nothing and thus chose to study how to Daven under the guidance of the holy Maggid of Mezritch, Rabbi Dovber.

The two Tefilos of Yitzchak In this week’s Parsha we find Yitzchak and Rivka are davening for children, and in last week’s Parsha Yitzchak is davening for a shidduch.

The tefillah for the Shidduch, seemingly was a short tefillah that was immediately answered, and indeed from this we learn that Yitzchak established what is commonly regarded as the most effective of tefillos, Mincha.

By way of contrast, the second tefillah, for children, was a lengthy drawn out tefillah, begging Hashem to fulfil their desires.

These two tefillos respectively, leave us with two very simple questions; 1) Why is Mincha, which is known to be the most powerful of prayers, learnt from the shorter prayer of Yitzchak and not from the second, more lengthy prayer?

2) Yitzchak already knew that he would have a child that would continue his progeny, so why did Hashem challenge him with infertility forcing him into lengthy prayer?

Transcendental or practical Tefillah As a general rule, man left to his own devices, will find himself gravitating to one of two styles of tefillah; 1) Asking Hashem for his needs and thus influencing change in our physical world as a result of his receiving his needs, 2) Meditating on Hashem thus transcending this physical world, and rejoicing in Hashem’s splendour.

Tefillas Yitzchak - the fine art of blending Both of these patterns of tefillah, as commendable as they may seem, are somewhat undisciplined, instinctive to human nature and thus non G-dly. It’s exactly here at this weakness, that the Divinely commanded mitzvah of tefillah takes over, dictating a delicate and well balanced, disciplined formula of tefillah, set in stone by Hashem and highlighted in the tefillos of Yitzchak that were said at the very early outset of the

of his marriage that destined to give birth Yaakov, the founder of the tribes of Bnei Yisroel.

was to 12

Blending the lengthy tefillah - so If you find yourself naturally inclined to lengthy meditative tefillah which allows you to feel transcendence and a strong connection to Hashem, don’t forget, it’s not about your experience: try to harness and blend this inspiration with the influence it will have on Hashem’s physical world that He created for the purpose of our refining it.

This is demonstrated by the fact, that even Yitzchak’s lengthy [and therefore more transcendental] prayer which was induced by Hashem with the sole purpose of elevating Yitzchak and Rivka, still had within it the element of having children in this physical world, (Hence answer to question two).

Blending the short tefillah - Conversely - like Yitzchak’s short tefillah for a shidduch - if you are in the middle of your work day, and are davening a Mincha in your office, or are even just asking Hashem for help to find your keys, don’t forget you are standing before Hashem who is listening to your every word.

Interestingly, it is specifically this blend that makes the tefillah so effective and is also most receptive to our requests, (hence answer to question one).

So now the uniqueness of tefillah over meditation is clear; meditation on its own is a single malt, transcendence without a bearing on Hashem’s world and creations, whereas tefillah is a ‘super-meditation’, always creating a healthy blend.

Three Practical tips for a successful Davening On a practical note, I don’t know if a sefer of a thousand pages would suffice to even scratch the surface of what there is to know about the depth in the mesorah of our tefillah or how to utilise it.

However, as an overall summary of how to enter the world of Davening, the Baal HaTanya famously give us three guidelines.

1) Immersing in a mikvah – this adds a tremendous amount of kedusha to the neshama and makes the tefillah more acceptable in Shomayim.

2) Giving Tzedakah – in merit of our doing kindness with the needy, Hashem will do kindness with us unworthy mortals, and afford us a connection with Him during Davening.

3) Learning about Hashem’s greatness from Torah – like everything else, tefillah has its root in the Torah, and therefore Torah study about Hashem’s greatness - the key point of tefillah - will give us the energy to access its power.

May Hashem answer our most often requested tefillah, and build us the Beis Hamikdosh, the ultimate Makom Hatefillah, where we will bring korbonos, speedily in our days. M

If you never thank Hashem after every smile, then you have no right to blame Him for every tear. @Toraharoundtehclock

6

Oneg Shabbos Issue 228

The Jewish

Calendar

2019

Zwi Yosef Sacho Baal Koreh and Maggid Shiur of 5-minute Daf Yomi vort

D

uring my study of Daf Yomi, I came across a Gemara in Arachin 9a-b which discusses the number of full 30-day months allowed in a leap year. This rather complex Gemara stimulated my interest in understanding more about the workings of the Jewish calendar. This article is the first in a series explaining some of the pivotal concepts underpinning the mathematical genius behind the Jewish calendrical system.

The beginning of the fixing of the Jewish calendar Historically, the Sanhedrin decided when a month should start and when a leap year should be added based on direct observation of the moon by witnesses. It is evident though that even during this period, the Sanhedrin possessed a recognised system known as “Sod ha-’Ibbur” whereby the calendar was needed to be regulated between 29-day and 30-day months as is evident from the aforementioned Gemara in Arachin. This system was also used to test the accuracy of the evidence of the eye-witnesses (see Rosh Hashana 20) and to ensure that the chagim, especially Rosh Hashana and Pesach fell in their appropriate times and seasons (see Arachin daf 9a-9b, Rosh Hashanah 20b, Sukkah 43b, Yerushalmi Sukka 18a, Yerushalmi Megilla 3b). Sometime after the destruction of Bayis Sheni (68

CE), ongoing religious persecutions and times of war meant that the Nassi and the Sanhedrin could not always exercise their authority and neither witnesses nor messengers could travel safely on the roads, thereby making it necessary to rely on a fixed calendar. The Rambam in Mishneh Torah (Kiddush Ha-Chodesh 5:3) dates the fixed calendar to the time of Abaye and Rava, the authors of the Talmud Bavli though he does not attribute authorship of our fixed calendar to any specific person. However, an early Spanish Rishon, R. Avraham bar Chiyya (1070-1136) in his Sefer ha-Ibbur (3rd Ma’amar, 7th Sha’ar), quotes R. Hai Gaon as claiming that the fixed calendar as we know it today was created in Eretz Yisroel under the leadership of Hillel II (also known as Hillel Hanasi and not to be confused with the Tanna, Hillel Hazakein) in the year 358/9 CE (670 of the Seleucid Era) and this is to whom most scholars attribute the creator of the fixed calendar that we know today, also known as the “Machzor of the calendar of Hillel”.

The length of the Jewish month The Jewish month begins at the start of the first visibility of the new lunar crescent i.e. when the moon comes closest to being between the earth and the sun, which is known as the “molad”. The months in the Jewish calendar are determined based on the completion of the phases of the moon (see Tehillim 104:19 and Mishneh Torah, Kiddush Ha-Chodesh 1:1). The length of a lunar month (also known as a lunation) was determined by Chazal as being 29 days, 12 hours and 793 chalakim of an hour (about 44 minutes) (Mishneh Torah, Kiddush Ha-Chodesh 6:7, Rosh Hashana 25a). According to the Kuzari (2:64:7), the length of a lunar month has been passed down from the time of King David and is based on prophecy (see Rashi to Shemos 2:2). For practical purposes, however, the months are reckoned by full days and start with the beginning of the night. They contain either 29 days (“chaser” or deficient by half a day) or 30 days (“malei” or overfull by half a day).

Accordingly, the basic calendar year (without considering leap years) consists of twelve lunar months alternating between 29 and 30 days as depicted below:

30 Nov 2019

‫ב' כסלו תש"פ‬

‫פרשת תולדות‬

No 1

Month Tishrei

Length 30

2

Cheshvan

29/30

3

Kislev

30/29

4

Teves

29

5

Shevat

30

6

Adar

29

7

Nissan

30

8

Iyar

29

9

Sivan

30

10

Tamuz

29

11

Av

30

12

Ellul

29

Cycle Solar cycle Lunar cycle Difference

The length of the Jewish year and the need for a leap year The lunar year (i.e. 12 lunations) is equal to 354 days, 8 hours and 876 chalakim (about 48.67 mins) (Mishneh Torah, Kiddush Ha-Chodesh 6:4) compared to the solar year (the time it takes for the earth to make one complete revolution around the sun) which is 365 days, 5 hours, 48 minutes and about 997 chalakim (about 55 minutes), a difference of 10 days, 21 hours and about 122 chalakim (about 6 minutes) or approximately 11 days – see table below.

Cycle

No of Months

Days

Solar cycle Lunar cycle Difference

12 12 -

365 354 10

Duration Hours Chalakim 5 8 21

7

997.63 876 121.63

Table 1: Difference between the solar cycle and lunar cycle over a period of 12 months Although the Jewish calendar reckons months by lunar months, there is a mitzvah to ensure that Pesach falls out annually in the spring (Devorim 16:1). In other words, there is a need to reconcile the solar year with the lunar year to ensure that Pesach falls out in the spring, making the Jewish calendar “lunisolar”. To equalise this difference of 11 days between the lunar months and the solar months and thereby ensure consistency with the seasons of the solar year, an extra month, Adar Sheni, the intercalary month, is added in some years in the cycle of lunar months, resulting in a 13 month year known as a ibbur shana or leap year (Mishneh Torah, Kiddush Ha-Chodesh 1:2) as explained below.

Why are there 7 leap years every 19 years?

The reason for having a 19 year cycle for inserting leap years can be explained as follows: over a period of 19 years (228 solar months), the solar year consists of 6,939 days, 16 hours and 595 chalakim (about 33 minutes). Assuming a lunation consists of 29 days, 12 hours and 793 cḥalaḳim as per the calendar of Hillel II, a total of 235 lunations will equate to exactly 6,939 days, 16 hours and 595 chalakim (about 33 minutes). The tables below compares the duration of the solar cycle to the lunar cycle over different periods of time.

No of Months

Days

1 1 -

30 29 0

Cycle

No of Months

Days

Solar cycle Lunar cycle Difference

228 235 -7

6939 6939 -

Duration Hours Chalakim 10 12 21 Duration Hours 16 16 -

533.14 793 820.14

Chalakim 595 595 -

Tables 2-3: Reconciling the solar cycle with the lunar cycle over 1 and 235 lunations In order to ensure a perfect equilibrium between the solar and lunar cycles, it is therefore necessary to add an extra 7 months over a period of 19 years to the lunar cycle so that 228 solar months will equal to 235 lunar months. In astronomy, this 19 year period of 235 lunations is known as the metonic cycle after which the moon’s phases recur on the same days of the solar year.

This also explains why a person’s Hebrew calendar birthday will coincide with the same day of the week as that of the Gregorian calendar, which is a pure solar calendar.

Conclusion The purpose of this introductory article has been to explain some of the fundamental concepts behind the Jewish calendar and it is intended to provide some further articles on some additional topics in the near future. M

Sources Bleich, J.D. Bircas Hachamah - Blessing of the Sun, Renewal of Creation, Mesorah Publications, 2009.

The Kuzari: In Defense of the Despised Faith (The Torah Classics Library) (English and Hebrew Edition), Yehudah HaLevi (Author), N. Daniel Korobkin (Translator), 2013.

Continued next week http://www.jewishencyclopedia.com/articles/3921-calendar https://en.wikipedia.org/wiki/Hebrew_calendar Dickman, B. The Beginning of the Jewish Calendar, Hakirah; the Flatbush Journal of Jewish Law and Thought 8 (2009) 223-23.

To join the author’s daily Daf Yomi Whatsapp group, please send a text to 07913 763 641

8

Oneg Shabbos Issue 228

Restoring the primacy of Choshen Mishpat Restoring the primacy of Choshen Mishpat Under the auspices of Harav Chaim Kohn ‫שליט"א‬ Under the auspices of Harav Chaim Kohn ‫שליט"א‬

Rabbi Meir Orlian Halachah Writer, BHI

“What do you want from me?” replied Rivka. “I wish I could go, but I’m sick! I’m also losing my flight. I’m willing to cover half of the $200 cancellation losses, but the flight seems excessive. You can fly, if you want.”

Sara turned to Rabbi Dayan for guidance. “What does Rivka owe me?” she asked.

Is Rivka liable for the lost expenses?

“There are different kinds of expenses to consider,” replied Rabbi Dayan. “Expenses that were incurred on behalf of Rivka upon her instruction, such as her half of the hotel booking and car rental, she is liable for, even if she is unable to go on account of medical reasons. Thus, she must pay half the cancellation loss of these expenses.

CANCELLED VACATION Sara and Rivka decided to go on vacation together abroad.

Since they were coming from different locations, they agreed to book their flights independently.

“Can you be in charge of booking the hotel and car rental for us?” Rivka asked.

“Fine,” agreed Sara.

Sara found a good deal for her flight, although the ticket was non-refundable. She booked a hotel room for the two of them and placed a reservation for a car. While browsing online, she found some good offers for restaurants and tours. She decided to book them also, assuming that Rivka would not mind.

Two days before the flight, Rivka called. “I caught a bad case of the flu and will not be able to travel,” she said. “I have high fever and can barely get out of bed!”

“Are you serious?!” exclaimed Sara. “What did the doctor say?”

“He said it will take a week till I recover,” Rikva answered.

“There’s no way I can go.”

“I’m not going to fly alone!” said Sara. “That’s no fun! What am I going to do with the reservations?!”

“If you don’t want to go alone, you’ll have to cancel the reservations,” said Rivka. “I’m sorry, but there’s nothing I can do.”

Sara cancelled whatever reservations she could, but some were non-refundable or carried cancellation penalties. The losses totalled $200.

“I lost $200 and the flight for $400 because of you,” Sara said to Rivka. “I think that you should compensate me.”

This page is sponsored by nextgenrealestate.co.uk

“On the other hand, expenses that Sara incurred on her own initiative, such as restaurants and tours, Rivka is not required to compensate for, even were she to cancel for nonmedical reasons. This would be considered at most grama (indirect damage) (Sma 232:46).

“Expenses that Sara incurred because of Rivka’s commitment to travel together, such as her share of the hotel and car rental and the cost of her flight, depend on circumstances.

When canceling for medical reasons or other circumstances beyond her control, Rivka is exempt. There is not even a moral obligation to pay. If she cancelled of her own volition, though, according to many authorities Rivka would be liable to compensate Sara if there was clearly no intent to travel alone. This is considered garmi, directly-caused damage (Pischei Choshen, Nezikin 3:26-27).

“For example, if litigants arranged a court date in a distant city and one did not appear, he is liable for the travel expenses of his opponent. Chavos Yair (#168) extrapolates from this to families from distant places that planned a wedding, but the chassan did not arrive at the appointed time. He is liable for the wasted wedding expenses that the kallah incurred, unless there was sufficient cause for his delay or absence (Rama, C.M. 14:5; Pischei Teshuvah, C.M. 14:15).

“However, if Sara could still utilize the vacation but prefers not to, Rivka cannot be held liable for Sara’s expenses. They are not wasted in this case, and it is Sara’s choice not to go.” M Verdict: Rivka must compensate Sara for expenses on her behalf, but not for Sara’s other expenses when cancelling for medical reasons. Were she to cancel of her own volition, she could be liable also for Sara’s other expenses.

‫לע''נ אריאל יהודה ז''ל בן ר' פינחס צבי נ''י קליין‬

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

‫ב' כסלו תש"פ‬

30 Nov 2019

‫פרשת תולדות‬

MIDDOS ‫דרגה יתירה‬ Rabbi Zalman Guttman Ramat Shlomo

‫ויחרד יצחק חרדה גדולה‬ )‫כז‬-‫עד מאד וגו‘ (לג‬

T

he Torah describes the trembling of Yitzchok in an extraordinarily extreme fashion. Rav Chaim Shmuleveitz zt’’l quotes Chazal who explain that the fear and trembling that Yitzchok experienced when Esav walked in, was even greater than what he felt at the akeida! As he was bound on the altar, about to be sacrificed, he was calm and eager to do the will of Hashem. Here however, Yitzchok realized that he made a mistake. This was not a onetime mistake. This was a life-long error! Yitzchok believed that Esav deserved the berachos more than Yaakov! The terrible awareness that he was wrong his entire life, was a tremendous source of pain. Chazal explain that he saw Gehinnom open up in front of him! Yitzchok Avinu, who was so exacting in his avodas Hashem, who constantly introspected to ensure that he was not mistaken in any area, now realized that with his very own son he was wrong! One can literally experience the terrible pain of Yitzchok Avinu, says R’ Chaim.

When a person finds out that something they believed in all their life is incorrect, it hurts so terribly!

There are times that we think it is so obvious that another person’s viewpoint is wrong and all one has to do is tell him he is mistaken and he will surely realise the error of his ways. This is not true.

Pointing out other people’s mistakes, no matter how clear it is to you, is hurtful for them. We can avoid a lot of strife if we would be sensitive to the feelings of others and weigh our words carefully before we point out another’s error. Never start with, “You are wrong!” but rather, “I could be mistaken but… ” The more sensitive you are to the feelings of others the more effective your words of rebuke will be.

9

SHEMIRAS HALOSHON

FOOD FOR THOUGHT TO SPARK N CONVERSATIO

BECAUSE I’M YOUR FATHER !

You’re privy to something that your father feels he should know. Are you allowed — or perhaps even obligated — to supply the information if it might arouse negative feelings?

THE DILEMMA

This year, for the first time ever, your brother did not bring his family to your parents’ house for Pesach. He told your father that it was due to the poor sleeping habits of his new baby, which were exacerbated when he didn’t sleep in his own room in his own crib. However, you know the real reason: your brother wanted to make his own Seder for his family. Your father suspects as much and he demands that you tell him the “real reason.”

Should you?

THE HALACHAH

Even though we are obligated to honour our parents’ requests, in this case, doing so would violate the Torah prohibition against rechilus if you suspect that your answer would create hard feelings between your father and your brother. Likewise, we are not permitted to speak rechilus when a mother, teacher, or Rav requests information from us.

Sefer Chofetz Chaim, Hilchos Rechilus 1:5

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 228

40 X

DAYS

CO U

Stories from the Daf THE HONOUR OF SHABBOS

”...‫“חילול שבת‬

On today’s daf we find that one should strive to avoid even permitted chilul Shabbos.

When El Al was still violating Shabbos, the Lev Simchah of Gur, zt”l, decided to put a stop to the problem. He began to go around to all the Gedolim, either in person or through messengers, and explained the importance of forbidding religious Jews to fly with El Al if they refused to stop flying on Shabbos.

Although some great people were originally reluctant to sign, some being afraid of possible repercussions, others holding it would not help, the Lev Simchah kept working until he procured the signatures he desired.

When a few of his messengers arrived in Bnei Brak to ask the Rebbe of Machnovka zt”l, to sign, they found the Rebbe very ill. A doctor was treating him and the messengers realized that now was hardly the time to approach the very ill man with a request that he sign the ban. But the Rebbe noticed that they had arrived and knew that the Lev Simchah must have sent them. To the chagrin of the doctor and his family, the Rebbe insisted that the messengers be brought back in and tell him why they had come.

The messengers spoke as briefly as possible about their mission and tried to explain that the Rebbe’s signature was surely not that essential and that he didn’t need to sign. But the Rebbe insisted.

After literally a half an hour of painful adjustments, the Rebbe was dressed properly and, despite his weakness, he added his signature to the ban. Eventually, due to this effort, El Al stopped flying on Shabbos.1 M

© Vytautas Kielaitis / Shutterstock.com

1 ‫ ע' ש"א‬,‫ ח"ב‬,‫אבני זכרון‬

‘H

e who dies with the most toys wins’….or does he?

The famous scene where Yitzchak gives the brachos over to Yaakov, thinking that he was Eisav, begs a question.

How is it that Yitzchok didn’t know that Eisav was a rasha? Couldn’t he see past his tricks?!

Although Yitzchok didn’t realise quite how bad Eisav was, he most certainly saw that Eisav was very much immersed in physicality. It was because of this that Yitzchok decided to give him the brachos.

Yitzchok thought that if Eisav would have everything that he wants physically, this would help him to fight his Yetzer Hara for it, and he would then be free to focus on spiritual pursuits.

It was Rivka who had a rasha as a father and brother, who realised that someone who is a ‘taker’ will never be satisfied with what he has. Giving him more would make no difference!

‘He who has one hundred wants two hundred; he who has two hundred wants four hundred. (Koheles Raba 1:34) Here lies an important message. The difference between living life with an ‘attitude’ of ‘What can I acquire?’ versus a life of ‘What can I give?’

If one’s primary focus is on possessions, money or physicality one will go through life never feeling fully satisfied.

On the other hand, living life with an attitude of ‘what can I give and do for others?’ leads to fulfillment and happiness in this world, and eternal reward in the next!

ade He who dies having m hem the greatest Kiddush Has

Brought to you by

‘wins’!

www.jgift.org

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E TH

Daf Yomi WEEKLY

DOWN TO NT

Siyum Hashas

30 Nov 2019

‫ב' כסלו תש"פ‬

‫פרשת תולדות‬

11

Sages through Ages

Dr Benji Schreiber

THE

Ben Ish Chai

Baghdad, Iraq 1835 – Kafil, Iran 1909 ‫י”ג באלול‬ Rav Yosef Chaim, ‫יוסף חיים מבגדאד‬, was a leading Iraqi chacham (Sephardi Rabbi) an authority on halakha, and master Kabbalist. He is best known as author of the Ben Ish Chai, a collection of the laws of everyday life interspersed with mystical insights and customs, addressed to the masses and arranged by the weekly sedra.

Biography He was born in Baghdad to Chacham Eliyahu, the Chief Rabbi of Baghdad. It is related in the introduction to Ben Ish Chai that when he was seven he fell into a well and vowed that if he gets out alive he will dedicate his life to learning Torah. When aged 14 he was accepted to a rabbinical college under Chacham Abdullah Sumech.

Aged 17 he married Rachel and they had a son and daughter. He was sustained by his share of a family business run with his four brothers. He never took a salary from his rabbinic position. When his father died in 1859 he assumed the position of Chief Rabbi of Baghdad, giving a very well attended drasha lasting three hours every Shabbat afternoon after mincha gedolah (they would always daven mincha soon after midday). There were some from outside Baghdad who opposed his Kabbalistic leanings. These views were aired in the first Hebrew newspaper in

Israel, ‘‫( ‘הלבנון‬which ran from 1863-1886).

The Baghdad community supported Rav Yosef Chaim and excommunicated his opponents.

Every day he gave two shiurim. After davening with sunrise (‫ )ותיקין‬he gave a shiur for an hour and a half on Shulchan Aruch, the daily portion of ‫חוק לישראל‬- a compilation recommended by the Arizal of Chumash, Neviim, Kesuvim, Mishna, Gemara and Kabbalah, and ‫עין יעקב‬, a compilation of Aggada in the Talmud, printed in 1516. He completed study of Shulchan Aruch in this shiur every 4 years.

A second shiur after mincha lasted an hour. He was active in this way in Baghdad for fifty years.

Eretz Yisrael He strongly supported the settlement of Eretz Yisrael. He sent his seforim to be printed there. He encouraged a philanthropist, Yosef Avraham Shalom of Calcutta, to establish Yeshivat Porat Yosef in the Old City of Jerusalem (opened in 1923) rather than building a hospital. He himself bought a house and field in Eretz Yisrael in order to perform the Mitzvos of the land.

He visited Eretz Yisrael in 1869 with his brother, Chacham Yechezkel. They met the Rabbanim of Damascus who accompanied them to visit the Zaddikim buried in the Galil. While at the grave of Benayahu ben Yehoyada – Shlomo HaMelech’s Chief of Staff – great secrets were revealed to him, including that his soul was a reincarnation of Benayahu ben Yehoyada, after whom he named his

chiddushim on Torah and Gemara. At the grave of Shimon Bar Yochai he composed the piyut ‫ואמרתם כה לחי‬.

He died while on the way to visit the kever of Yechezkel HaNavih. He was buried in Baghdad and later reinterred in Har HaZeitim, Jerusalem.

Works He authored over 100 seforim, including his responsa ‫רב פעלים‬. He also composed over 200 ‫ בן איש חי‬.‫ פיוטים‬is a collection of halachot from his drashot. He tended to pasken like the Arizal when he conflicted with the Shulchan Aruch. He also largely followed the views of the Rashash (Sar Shalom Sharabi 1720-1777) and the Chidah (Rav Chaim Yosef David Azulai, 1724-1806, Jerusalem) who were contemporaries in Yeshivat Hamekubalim Beit El, a Yeshiva of Kabbalah established in 1737. In recent times, Rav Mordechai Eliyahu followed his path in psak while Rav Ovadia Yosef followed Shulchan Aruch over the Arizal.M

Erratum: Rav Shimshon Raphael Hirsch’s uncle was Moses Mendelssohn Frankfurter (1782-1861), not the famous Moses Mendelssohn of Desau (1729-1786) who was linked to the origin of the Reform movement. The Nineteen Letters was published in 1836 not 1936.

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Please do not read this publication during ‫קדיש‬, ‫ קריאת התורה‬or ‫חזרת הש''ץ‬. Please do not read the adverts on Shabbos or Yom Tov. Please would you ensure that there are ample sheets left in shuls for Shabbos before taking one home. ‫בברכת שלא ימוש התורה מפי זרעינו ומפי זרע זרעינו מעתה ועד עולם‬