238. Oneg Beshalach

‫מוצאי שבת ר"ת‬

‫מוצאי שבת‬

238

‫הריני בא ללמוד תורה לשמה לעשות נחת רוח לאבינו שבשמים‬

Issue

'‫פקד יפקד ה‬

‫בס"ד‬

‫פרשת בשלח‬ ‫שבת שירה‬

‫י"ג שבט תש"פ‬ 8th Feb 2020

‫קבלת שבת‬

JLM

MAN

LON

JLM

BMTH

GLSCW

GHD

MAN

LON

JLM

BMTH

GLSCW

GHD

MAN

LON

6.34

6.17

6.15

5.57

6.03

6.03

5.54

6.00

5.54

4.42

4.54

4.47

4.40

4.47

4.44

The physical world appears to be selfsufficient, running reliably along the same track with reassuring predictability. By looking more deeply though, we are able to witness a hidden world. This is also manifested as the difference between nature and miracle, in that the miraculous breaks the expected pattern and reveals something beneath the surface.

Intrinsically, however, a miracle is no more wonderful than the natural – there is an allusion to this at the splitting of the sea: when the Jewish people had crossed over, Moshe was commanded to stretch out his staff over the sea to bring the waters back to their original natural position. The question which presents itself is: Why was an act necessary for this? Clearly, to split the sea an act was necessary because that was miraculous; nature had to be set aside. But surely, as soon as the Jewish people were safe and the need for the miracle was over, nature should have reasserted itself automatically – there is a principle that he world resists miracles as much as possible. The departure from normality requires a special act, but why does return to normality do so too? The answer is that nature is miraculous no less than its rarest exceptions. For the sea to manifest in the way that we are used to seeing it is no less the express wish and manifestation of the Creator than the once-in-history splitting of that sea. The only difference is that we are used to the one and the other is unexpected.

We are lulled into insensitivity by the routine of nature; we take for granted that

The Mask of Nature We can gain access to the spiritual world only through the mask of the physical. The world of nature hides the spiritual. Indeed the very word Olam (world), is related to the word Ne’elam (hidden). However, just as the human face is an outer layer and yet is able to reveal that which is within by its movements and nuances of expressions, so too the world reveals its depth to the one who studies it carefully. The very word for face, panim, has two root meanings which reflect these opposites: panim, face, and p’nim, internality. That which is the outer face is also that which most closely reflects the inner depth.

‫ספר דברים‬

‫ספר במדבר‬

‫לע"נ ר' יקותיאל זלמן נאה ז''ל‬ ‫בן ר' חנניה יו''ט ליפא הי''ד‬ ‫נלב''ע ט''ז אדר תשע''ז‬

‫לע"נ מרת טויבא רחל נאה ע''ה‬ ‫בת ר' שמואל שמעלקא הי''ד‬ ‫נלב''ע כ''ה מנחם אב תשע''ז‬

‫ספר ויקרא‬

Rabbi Dr Akiva Tatz Senior Lecturer, JLE

with which we are familiar. The Hebrew word for nature is teva, the root of which means “to drown”; if the world of natural cause and effect is not carefully and perceptively studied for its clues to depth, it drowns awareness of the spiritual. But the word teva is also the root of matbe’a, meaning a coin which has an embossed image stamped on its surface: the world is a stamped-out image of a higher reality. If one studies the world with the knowledge that it accurately reflects its source, one can perceive the features of that source surely and consistently. The choice is entirely the observer’s – one can look at the world with the tired eyes of habit and see only the mechanical, only that which drowns the spirit; or one can look with eyes of wonder and see the image of a higher reality.

Those who have undertaken the journey to return to their spiritual heritage, such as the many hundreds who have attended programmes at the JLE over the years, are those who have seen through the physical world around them as being simply a mask, and searched for a real world beyond. Discovering a hidden world with a deeper reality, by being sensitive to the matbe’a of Hashem. Indeed all of us are constantly required to retain our awareness of this deeper reality, even when the physical world seems to present itself as all encompassing. M

‫ספר שמות‬

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‫הב' אברהם יוסף אריה‬ ‫בן רוחמה אילה נ"י‬

‫לרפואה שלימה בתוך חולי ישראל‬ ‫לע''נ ר' מרדכי בן ר' שלום ז''ל‬ ‫נלב''ע ט''ו סיון תשס''ב‬

‫לע''נ ר' בנימין בן ר' מאיר דוד ז''ל‬ ‫נלב''ע ב׳ אדר תשע''ז‬

‫ספר בראשית‬

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2

Oneg Shabbos Issue 238.

This page is sponsored by M&N Insurance | mninsure.com

In this week’s sedra the Jews finally achieve a full level of Rabbi Dovid freedom. We read last week about Eisenberg how the Jews left the land of Rabbi, Prestwich Hebrew Congregation Egypt and headed out into the wilderness. Pharaoh sees that the Jews don’t return as they have promised and is inspired to chase after them to return them back to Egypt or to wipe them out entirely. The Jews are encamped by the Sea of Reeds which has them trapped. Hashem miraculously splits the sea and the Jewish people are saved whilst the Egyptians drowned.

When the Jewish people exit the sea they are elated and begin to sing a prophetic song with Moshe. The Midrash says that a simple maidservant saw a greater revelation at the sea than the prophet Yechezkel saw in his famous prophetic vision of the heavenly throne. Why was this so?

Additionally, we find that by the giving of the Torah things are not as simple.

Mount Sinai was clearly marked off where people were allowed to go and which parts were out of bounds. The Torah even tells us in the sedra of Mishpatim how parts of the Jewish people came closer than they had been permitted and there was a subsequent punishment for this infringement.

Why is it that by the giving of the Torah things were different? Why were the Jews split into levels and some were only given a limited view of Hashem?

One of the answers that I heard should inspire people to reach higher. When it comes to learning, Jews are varied. There are levels of intelligence, diligence and other factors that could contribute to a person’s knowledge of Torah. No two people know the same amount of Torah or have exactly the same understanding.

It is for this reason that when the Torah was given there were also different levels of perception.

When it came to the splitting of the sea this took on a different dimension.

We can not imagine the fear that existed at the time when the Jews were being pursued by a raging army of Egyptians and there was absolutely nowhere to run.

The panic was at extreme levels and there was almost a mutiny.

Suddenly, the river splits and the Jews come out of a desperate situation into an unexpected victory. The feeling of elation that went through the entire Jewish people united them in an amazing way and the emotion of the moment was running high. When it comes to emotion, every Jew is capable of feeling this connection. This showed itself in the way all of the Jews were able to have the same prophetic vision and experience the same great feeling together. There is no such thing as a Jew whose heart can’t feel it! M

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

To receive this via email please email subscriptions@oneg.org.uk

©Agitvort

Freedom

"When you do something noble and beautiful and nobody noticed, do not be sad.

For the sun every morning is a beautiful spectacle and yet most of the audience still sleeps."

To suggest an idea or a response to the ideas exchange please email ideas@oneg.org.uk

8th Feb 2020

‫י"ג שבט תש"פ‬

‫פרשת בשלח שבת שירה‬

3

This page is sponsored by OGR Stock Denton | ogrstockdenton.com

Who Stole Hashem’s Name?

Rabbi Ari Bensoussan Director, Chazak LA

The last pasuk of the Parsha sometimes gets overlooked due to all the wonderful events recorded in the previous pesukim. But, hidden in the last pasuk is the most essential secret to unlocking the potential of Mashiach himself.

It happened in the aftermath of a war.

Amalek the nation born in the fires of hatred of all things G-dly, led a suicide mission to throw themselves in between the Jews and their Maker.

The forces of good and evil clashed on two levels. The Bnei Yisrael were led

by Yehoshua on the battle front and by Moshe lifting his arms to the heavens fighting on the spiritual front. The Torah tells us, ‘Vayachalosh Yehoshua et Amalek1’ Yehoshua had weakened the evil forces of Amalek. Thoroughly routed them to retreat. We won, or so we thought. In the last pasuk, Hashem says to Moshe: ‘Write this as a remembrance...to surely erase the memory of Amalek from under the heavens… For there is a hand on the throne of G-d: There is a war to Hashem against Amalek from generation to generation2’.

What is the meaning of this bizarre statement?

Rashi comments: The Hand of G-d (as it were) is lifted to swear on His throne to make battle with Amalek forever. The word throne, kisei is written ‫ כס‬missing 1 Shemot 17:3 2 Shemot 17:16

the letter alef at its end and the name of Hashem as well is only with a yud and hei missing the vav and hei at its end.

Hashem is swearing that His throne and name will both suffer incompletion until Amalek meets his end.

The letter aleph vav and hei are missing from both the throne and name of Hashem!

The entire drive of Amalek is to cause doubt in this world, to sever all ties with anything spiritual, Amalek in effect disconnects us from our purpose.

David Hamelech writes yismechu hashamayim v’tagel ha’aretz - let the heavens be glad and the land rejoice the roshei tevot, or first letters of each of these words spell out Hashem’s name.

The yud and hei part is a connection to heaven, the vav and hei are in reference to us here on the land. When the vav and hei are returned we can finally rejoice.

At the climax of Yom Kippur, we exclaim seven times, Hashem hu haElokim, G-d He is our Master the letters that spell hu are hei, vav and aleph the letters currently absent from Hashem’s name and throne. We are declaring Hashem is in this world as well, His vav and hei are here and we are putting the aleph back in his throne to make His kingdom one again!

Every day we declare at the end of Aleinu, bayom hahu - on that day yihyehit will be Hashem echad ushemo echadHashem is one and His name is one.

On which day? The day of hahu the hei vav and aleph are returned to Hashem’s name and throne.

The Rabbis teach that Eliyahu Hanavi will be the one to usher in Mashiach, his name, quite fittingly is an anagram of ‫לי‬ ‫הוא‬.

There are many more wonderful ideas in all of Torah that point to this incredible idea. We are tasked with this awesome responsibility of returning Hashem’s name back to its greatness.

But how?

Vetagel ha’aretz, when the land rejoices by seeing Hashem’s involvement in everything. By casting aside the thick smokescreen of doubt covering the world and blinding the eyes of so many.

Through filling our world with this level of awareness of Hashem, we will move His hand from swearing on His throne to placing it on our heads in blessing us with Mashiach. And may rejoice together speedily in our days. M

4

Oneg Shabbos Issue 238.

Be Careful What You Think This page is sponsored ‫לע''נ ביילא בת ר׳ משה ע''ה‬

,‫“ויהי בשלח פרעה את העם ולא נחם אלקים דרך ארץ פלשטים כי קרוב הוא‬ ‫י''ז‬:‫כי אמר אלקים פן ינחם העם בראתם מלחמה ושבו מצרימה” י''ג‬

“And it was when Pharaoh sent the people – that Hashem did not lead them by way of the land of Pelishtim, because it was near, for Hashem said: Perhaps the people will reconsider when they see a war, and they will return to Mitzrayim."

R

concern that Klal Yisroel would actually ashi says on the words, “‫כי קרוב‬ return to Mitzrayim, rather the fear ‫“ – ”הוא‬For it is near,” and it Rabbi Yaakov Yosef Schechter was that they would have evil thoughts, is easy to return to Mitzrayim Author of Seforim, Parshah Pshetl that they would have second thoughts with that route. Rashi tells us about leaving Mitzrayim, and would that there are many Aggadic have thoughts of returning to Mitzrayim.

Medrashim which explain this, yet Rashi (‫)מהרש”ל‬ does not tell us even one. Why do we need to know that there Klal Yisroel suffered for many years at the hands of the many Aggadic Medrashim on this, and why didn’t Rashi tell us Mitzriyim, and they were finally freed. They were going to any of them? Additionally, the Posuk uses the Shem Elokim receive the Torah Hakdosha, and were going to become the twice, which is the Midas Hadin of Hakodosh Boruch Hu. One Chosen Nation. There was something very important that Klal would think that Hakodosh Boruch Hu took Klal Yisroel out of Yisroel needed to know. The world was created with Midas Mitzrayim with the Midas Hachesed. Why did the Torah use Hadin. When Hakodosh Boruch Hu saw that the world would the Shem Elokim here, and not the Shem Havayah? not be able to survive without Midas Hachesed, Hakodosh “‫– ”כי אמר אלקים פן ינחם העם בראתם מלחמה ושבו מצרימה‬ Boruch Hu mixed the Midas Hachesed together with the Midas Perhaps the people would reconsider, and would want to return Hadin. However, it is most optimal for there to be only Midas to Mitzrayim. - Perhaps they will have second thoughts, and Hadin. will set their hearts to return to Mitzrayim. (‫)רש”י‬ The Tzaddikim are on an exalted level of Ruchniyos, and There are those who explain that Rashi is telling us that Hakodosh Boruch Hu acts with them with the Midas Hadin.

Klal Yisroel would have had second thoughts about leaving Rashi tells us that there are many Aggadic Medrashim on this Mitzrayim, and they would have returned. However, there are Posuk, but he wants to go with the Poshut P’shat. The word others who explain that Rashi is coming to explain a different “‫ ”קרוב‬means close. Hakodosh Boruch Hu was saying that He P’shat than the Poshut P’shat, and that is that the concern was was close to Klal Yisroel at that time, and wanted them to be regarding the potential thoughts of treated with the Midas Hadin.

Klal Yisroel, and not their potential Rashi at the end of the Posuk tells us that Hakodosh Boruch actions. There Hu took Klal Yisroel in a circuitous route for had Klal Yisroel was never gone straight into the Land, they may have had thoughts of any returning. They never would have actually returned, for even if they were scared of war ahead of them; they were treated atrociously in Mitzrayim, and there would be no reason to assume that the better option would have been to return.

However, due to their fear of battle, perhaps they would have had second thoughts, and thought to themselves, that maybe they were better off remaining in Mitzrayim. While we know that a Yid is generally not punished for his thoughts, except for some specific ones, that is only according to the Midas Harachamim. However, according to the Midas Hadin, one’s thoughts are counted against him.

There is a great lesson here for all of us. We must strive for greatness. We must not look to see what we can get away with, rather we must constantly look to elevate ourselves. Our thoughts do matter, and we must be careful about what we think. May we be Zoche to have pure thoughts, and always seek to follow the Rotzon Hashem. M

8th Feb 2020

‫י"ג שבט תש"פ‬

‫פרשת בשלח שבת שירה‬

5

"Your call is important to us, please stay on the line, you’re moving up…"

Rabbi Alex Chapper Rabbi, Borehamwood & Elstree Synagogue

H

ave you ever heard that infuriatingly upbeat and repetitive message and thought: ‘Life’s too short for this’ but more importantly, in the meantime, you find your own solution to the problem that you called the helpline for in the first place?

With the ten miraculous plagues makkos having affected the release of Bnei Yisroel from slavery in Mitzrayim, they are now free and encamped on the banks of Yam Suf. However, when they see the might of the entire Egyptian army heading at full speed towards them they start to panic and cry out to Hashem in desperation. At the same time, they complain to Moshe that it would have been better to remain slaves in Mitzrayim than to die like this in the midbar. For his part, Moshe re-assures the people that there is nothing to be afraid of because they will see Hashem save them imminently and this will be the last time they will see Mitzrayim ever again.

In response, Hashem says to Moshe: ‘Why do you cry out to Me?’

Rashi understands that Hashem is telling Moshe that now is not the time for lengthy prayers because they are inappropriate when the Jewish people are in distress and, anyway, all they need to do is continue with their journey because nothing stands in their way, not even the sea.

Similarly, the Ohr HaChaim refers to the Zohar which indicates that action not supplication on the part of Bnei Yisroel was necessary in order to be deserving of divine assistance as that would be an even greater display of faith than prayer.

Along these lines we can also suggest that the very next verse holds the key. Hashem instructs Moshe: ‘Raise your staff and spread your hand over the sea and split it.’

In effect, Moshe is being told that he has all the resources he needs; the tools (your staff) and the natural capability (your hand) to deal with the current situation so that, on this occasion, you do not need divine assistance, you do not have to call a helpline and hold on for an answer, you can solve this problem yourself.

Sometimes we are very quick to cry out to Hashem for help and this tradition of prayer was embedded in us by our ancestors. However, there are some circumstances, where there is an even more potent solution and by digging deep and realising that we possess the ability to overcome adversity and can resolve a dilemma ourselves we reflect a deeper faith in Hashem and ourselves which is truly deserving of success.

To paraphrase Koheles: ‘There is a time to pray and a time to act.’ M

©Agitvort

The classic mefarshim are perplexed. Surely, in times of need, prayer is exactly what is required, so why not now?

6

Oneg Shabbos Issue 238.

Perfectly Impractical Rabbi Yitzchak Berkovits

T

Rosh HaYeshiva, Aish HaTorah Rosh Kollel, The Jerusalem Kollel

This page has been sponsored anonymously

At my inaugural Schmooze at Yeshivas Aish HaTorah thirty years ago I shared the following idea:

he Parsha begins vayehi beshalach Paroh, and it was when Pharaoh sent the people out. Chazal ask why does it need to say Beshalach? Why does the pasuk not just say when the Jews went out of Mitzrayim? They answer, we entered with permission and we wouldn’t leave without permission.

Reb Chaim Shmuelevitz would ask, they were killing our children and torturing them, why would we not leave until we had permission?

He would answer that there is something called derech eretz!

A Jew lives with Derech Eretz. You give your life for this.

This was a huge chiddush! Did he mean this literally (I don’t know)? Yet he instilled within us standards that you didn’t find elsewhere. You don’t walk into a room without knocking even if there is no one there.

In my days in the Mir you wouldn’t walk into a room without knocking, because Reb Chaim installed into us derech eretz.

We learn this idea from the ‫ כהן גדול‬who wore the ‫בגדי כהונה‬ which had bells to announce he was coming because that is derech eretz.

Reb Chaim said this because that is who he was. But I grew up in America and I relate to this Medrash differently. This is isn’t about derech eretz, rather it’s the first recorded case of Jewish chutzpa! We stand in front of Pharaoh, after Hashem has brought ten plagues upon him and tell him we are not leaving until you tell us to go. We tell Pharaoh “You have to acknowledge that you were wrong and tell us that the time has come for us to go where we want”.

I am not arguing with Reb Chaim, I’m just giving the western perspective on Beshalach. That is what I said thirty years ago.

But over the years there was something that bothered me. We find that Pharaoh comes running after Klal Yisroel because; ‫ – ברח העם‬the Jewish nation had fled. The negotiations weren’t about leaving for good. It was about going on a three day journey to serve Hashem in the desert. When the three days were up, Pharaoh realised that we weren’t coming back. So we only want to leave with permission and once we get permission we run away. So we do end up fleeing in the end?

The answer is very straightforward. We wanted to make a point. Pharaoh has to surrender, he has to acknowledge that it was unjust, that we are Hashem’s people, that it was Hashem who stood up for us in our suffering, but at the end of the day, let no Jew think that our freedom is in the hands of Pharaoh.

This reminds me of the story about Napoleon grabbing the crown out the Pope’s hand and putting on his own head because he wouldn’t have anyone else coronating him as a matter of personal honour.

Klal Yisrael are Hashem’s people, we get our freedom from Him not from Pharaoh. We won’t leave without permission because we have to make a point. We didn’t suffer for the sake of running away. We suffered for the sake of teaching the world and ourselves a lesson. There was so much we gained from the experience. But the world too had to acknowledge that

they had performed an injustice and that Hashem stood up for us.

Eventually they said so.

But let no one think that our freedom is in the hands of a human being.

At the end of the day with Pharaoh’s acknowledgement we stood up and said we are staying out forever. We don’t need your permission anymore.

We have a mission here, there are things that we have to teach the world and teach ourselves. It’s not about practicalities. If what we have to do to teach the world a lesson is to suffer. Then we suffer. If we have to continue to be imprisoned in Egypt in order for the world to learn something that is what we will do.

And if we have to break the agreement for the sake of showing Who runs the world we will do that too.

We were put here to teach the world something. We were brought into this world to bring Hashem out of His hiding. He covered Himself up so well to the point that people aren’t even aware of His presence. It’s our responsibility to make the world aware of His existence of His involvement, His values and His people. That is our mission in this life. If it means putting up hardship for it – that that is what we have to do. That is what it means to be a Jew. Being a Jew isn’t about being comfortable, it’s not about being practical. To be a Jew is to strive to understand destiny. M

8th Feb 2020

‫י"ג שבט תש"פ‬

‫פרשת בשלח שבת שירה‬

7

IN NEUTRAL

Switzerland is the European country renowned for its stunning mountain range. But there is another interesting feature of this state – its “neutrality”.

Being neutral means not taking sides in a dispute. Switzerland has not participated in a foreign war for over two centuries. Its neutrality has meant it did not get involved in the horrendous wars of the twentieth century – something for which I am personally grateful.

During World War II, my maternal grandparents escaped Nazi-occupied France by illegally crossing over the borders into Switzerland where they stayed until after the war.

Rabbi Osher Chaim Levene

But is being “neutral” an ideal state of affairs?

Perhaps the main problem with anything neutral is its stubborn refusal to “get involved”. It prizes its impartiality to the extent that it will never rule in favour of one side over another. However, this is the exact opposite stance to an observant Jew. He is fully engaged with, and fully committed to, his religion. As Rav Yitzchak Hutner zt’’l quipped: “There is no Switzerland when it comes to ruchnius”.

A Jew faces situations where he must choose to make a stand for what it right. Eliyahu HaNavi stood against the idolatrous priests on Mount Carmel. He admonished the Jewish masses to come down on one side. “How long will you leap back-and-forth from post to post? Are you going to follow G-d or go after the idols of Baal?”

One who does not stand for something, stands for nothing.

A Jew must have the courage to uphold precious Torah values – even if unpopular or not politically correct. Being neutral, therefore, has no place in matters of the spirit.

Maintaining a neutral position when facing acts of evil can be interpreted as being complicit in the crime by not taking definitive action to fight it.

People tend to divide human actions into three: (a) the good (b) the bad and (c) the neutral – i.e. something that is neither good nor bad. But the medieval ethical work “Duties of the Heart” argues that there is no third category. No act is ever morally neutral. Something mundane such as eating or sleeping, is a force for the good where directed as a vehicle for divine worship. Otherwise, it is something bad and should be avoided.

In life, as with travelling in a car, we would do well to remember that no one can drive when they are “in neutral”.

Let us learn to get out of neutral, take a stand for what we believe in, and hit the road of life.

THE POWER OF THE ZECHUS

Rabbi Yosef At the Knessiah Palacci Gedolah in Poland, Rabbi Meir Shapiro from Lublin presented his world-changing idea of Daf Yomi to all the rabbanim present. The intention of Daf Yomi was to unite all Jews around the globe to all learn the same daf of gemara on the same day. This way, when a Jew in Mexico would meet a Jew from Russia on the train, and a British Jew would be seated near an American Jew on an airplane, they would be able to converse in Torah as they would both be learning the same daf.

After Rav Shapiro presented the idea of Daf Yomi, there was great enthusiasm.

Many Rabbonim loved the concept and wished they would have had that zechus of thinking of that phenomenal idea. It was a zechus that would eventually spread like wildfire and affect the whole world.

Rabbi Yosef Kahaneman zt’’l stood up at the gathering and said, “I am not jealous of the zechus that Rav Meir Shapiro had.

I am jealous of the mitzvah that he did before this in order to get the zechus. It says mitzvah goreres mitzvah – doing one mitzvah will lead you to the next mitzvah. What mitzvah did Rav Shapiro do beforehand that he had the unbelievable zechus to think of the idea of Daf Yomi?”

Rabbosai, we need to have zechuyos to succeed!

8

Oneg Shabbos Issue 238.

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

Rabbi Meir Orlian Halachah Writer, BHI

BODILY INJURY Mr. Ploni and Mr. Almoni were neighbors, who did not get along well. Every little issue, shoveling the snow, parking in the shared driveway, led them into argument. One day, the two got into a heated argument. Mr. Ploni pushed Mr. Almoni, who fell over.

He landed with a thud in the mud and twisted his ankle in the process.

Overcoming his anger, Mr. Ploni helped Mr. Almoni up. He hobbled over to his house and went inside.

The ankle was painful. Mr. Ploni packed it in ice. The following morning, he went to the doctor, who sent him for X-rays. Fortunately, they showed that nothing was broken, but the ankle was sprained. Mr. Almoni was told to stay off it for a week.

When he recuperated, he demanded payment from Mr. Ploni for his injury.

Mr. Ploni balked, arguing that there was no permanent injury and refused to submit to litigation.

Finally, Mr. Almoni sued Mr. Ploni in Rabbi Dayan’s beis din. Mr. Ploni was summoned. Before the first meeting, the sides signed a binding arbitration agreement, as is standard nowadays when coming before beis din.

The two sides presented their version of the story and their respective positions. Mr. Almoni presented his medical reports and bills from the injury. Rabbi Dayan asked them to exit so that the Dayanim could convene.

The Dayanim convened, and then called the parties back in.

“We know that a person who injures is liable in five payments,” Rabbi Dayan began, “nezek (disability, permanent injury), tza’ar (pain), ripui (medical expenses), sheves (lost wages) and boshes (embarrassment). We appraise each of the five elements as follows…”

Mr. Ploni’s advocate objected: “Beis din is not halachically authorized nowadays to adjudicate cases of bodily injury,” he said. “How can you do this?”

Can beis din appraise damages for bodily injury?

“Indeed, Torah law requires Dayanim semuchim, with an unbroken chain of ordination from Moshe Rabbeinu,” replied Rabbi Dayan. “This ceased sometime after the destruction of the Temple. The Gemara (B.K. 84a-

This page is sponsored by nextgenrealestate.co.uk

b) teaches that Dayanim who are not semuchim are authorized mid’Rabbanan to adjudicate only cases that involve loss of capital, which excludes fines (knasos), and that are common, which excludes bodily injury that is not common.”

Shulchan Aruch writes: nezek, tzaar and boshes are excluded, but not sheves and ripui, whereas Rama writes that even sheves and ripui cannot be adjudicated.

Nonetheless, the Geonim instituted that beis din can require the injurer to appease the victim with a sum close to what they privately appraise (C.M. 1:2, 5).

Moreover, some say that when people come before beis din nowadays on such an issue, beis din can adjudicate and obligate the injurer to pay.

“Why is that?” asked Mr. Ploni.

“Although Dayanim nowadays are not inherently authorized to adjudicate cases of bodily injury,” replied Rabbi Dayan, “a person can accept upon himself judges who are otherwise disqualified, such as relatives, thieves or common people (C.M. 22:1).

“Shaar Mishpat (C.M. 1:1) addresses the issue of whether non-semuchin who are accepted to adjudicate knasos (fines) may do so and leaves the question open. He takes for granted, though, that they can adjudicate monetary obligations that are not common, such as bodily injury (C.M. 22:2).

“Beis Yehuda (C.M. 1:1) maintains that it is possible to accept non-semuchin even for knasos cases (Pischei Teshuvah 1:3).

“Nowadays, when people come before beis din they almost always sign an arbitration agreement (shtar borerus), in which they accept the beis din,” concluded Rabbi Dayan. “Thus, based on the Shaar Mishpat and Beis Yehuda, beis din can also judge cases of bodily injury” (Mishpat K’halachah 420:44, p. 482).

Verdict: On account of the arbitration agreement, beis din can adjudicate and appraise also cases of bodily injury. ‫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

8th Feb 2020

‫י"ג שבט תש"פ‬

‫פרשת בשלח שבת שירה‬

9

SHEMIRAS HALOSHON

QUIZ

FOOD FOR THOUGHT TO SPARK N CONVERSATIO

A new exciting quiz on the Parsha Perfect for the Shabbos table!

This quiz is colour coded into three abilities

THE NEW NUCLEAR BUTTON 1

Rabbi Shloimie, a rebbe in a local school, was standing in line at the butcher shop one day waiting as his order was prepared. After a few minutes the butcher handed him a large package and said, “Here’s your rack of lamb. That will be exactly $132.”

The rebbe handed him the money and turned to go, nodding politely to the woman behind him, mother of one of his students. It was 2:29 p.m.

‫ ְ ּב ׁ ַש ַּל‬is The root of the word ‫ח‬ nd’. ‘se t roo the connected to er oth o tw e nam you n Ca tain the Sedra titles which con root ‘send’? ָ ‫ ַויִ ְֹש ַלח‬and ‫ׁ ְש ַלח ְלך‬

2 The very first ‫ ּ ָפסוּק‬tell s us how Hashem didn’t want to lead the ‫ ְ ּבנֵ י יִ ְשׂ ָר ֵאל‬through a spe cific land.

Which land did Hashem want to keep them away from? a) America b) ‫ֶאדוֹ ם‬ c) the land of ‫ּ ְפ ִל ׁ ְש ִּתים‬ d) the land of ‫מוֹ ָאב‬ c) the land of ‫ּ ְפ ִל ׁ ְש ִּתים‬

3 ‫ יוֹ ֵס‬upon e body of ‫ף‬ ‫ מ ֶֹשה‬took th ַ ‫מ ְצ‬,ִ but which city ‫ר‬ ִ‫י‬ ‫ם‬ his exit from entually buried in? ) ev was he (‫יוֹ ֵסף‬ b) ‫ׁ ְש ֶכם‬ a) ‫יְ רוּ ׁ ָש ַליִ ם‬ ‫ְצ ַפת‬ d) ֶ ‫ח‬ ְ ‫ב‬ ֹ‫רו‬ ‫ן‬ c)

Immediately, the woman pounded out a quick text to her friend. “How is it that a rebbi in the cheder is buying a rack of lamb?” Her friend, who struggled with her own finances, was shocked. “He’s eating lamb and we’re eating chicken? Something wrong there.” The woman’s husband was soon in on the texting frenzy, and he spread the news to the other fathers in the class. Many speculated about the source of the rebbe’s wealth. Some mentioned that they had always found something “off” about him.

Most agreed that the situation warranted a careful investigation. What kind of role model could he be if he was living the high life off questionable income?

People consulted friends and relatives across the Jewish world, from Los Angeles to Monsey to Jerusalem. Eventually Reb Shloimie's wife received a call from her sister: "What's going on with your husband? Everyone is talking about the lamb he bought!"

At 2:54 p.m., Reb Shloimie knocked on the door of a neighbour. “Here’s the rack of lamb for the sheva brachos,” he told the woman of the house. “It was exactly $132.” By this time, 400 people had discussed Reb Shlomie's purchase and cast suspicion on his character. In less than half an hour he had gone from respected and beloved rebbe to chief suspect in a community-wide investigation, all based on...nothing.

Pressing SEND can be an act of mass destruction.

If loshon hora is like the contents of a feather pillow set free in the wind, social-media loshon hora is like nuclear fallout circling the world. The only solution is to think - really think - about the possible impact on another person's life before we send.

b) ‫ׁ ְש ֶכם‬

TALK ABOUT IT

If people knew and trusted Rabbi Shloimie, why were they so quick to believe the loshon hora?

Available in London at local Judaica shops.

For more information: gfreilichjewishgames@gmail.com

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 238.

Daf Yomi WEEKLY

‫נ“ב‬ ‫בכורות ל“ו‬ ‫ברכות‬

Halacha Highlight DOES ONE MAKE A BRACHA ON HARMFUL FOODS?

Brought to you by

.‫אמר רב יהודה אמר שמואל וכן אמר רבי יצחק אמר רבי יוחנן שמן זית מברכין עליו בורא פרי העץ‬ .‫היכי דמי? אילימא דקא שתי ליה (משתה) – אוזוקי מזיק ליה‬

‫ דגבי ברכה ואכלת כתיב‬,‫ ואין זו אכילה שטעונה ברכה‬,‫ אוזוקי מזיק – לגופיה‬:‫פרש"י‬

Rav Yehuda said in the name of Shmuel, and so said Rebbi Yitzchak in the name of Rebbi Yochanan: The bracha for olive oil is ‫בורא פרי העץ‬. What are the conditions?

If you say that he drinks the olive oil, that is damaging to one’s health and as such a bracha is not recited.

‫ קא משמע לן כיון דאית ליה הנאה‬, ‫פשיטא מהו דתימא כיון דלרפואה קא מכוין לא לבריך עליה כלל‬ :‫מיניה בעי ברוכי‬ ‫ קא משמע לן כיון דאית ליה הנאה‬, ‫אבל קמחא דשערי הואיל וקשה לקוקיאני – לא לבריך עליה כלל‬ :‫מיניה בעי ברוכי‬

Similar passages are recorded for the anigaron/olive oil mixture and barley flour: I would have thought that since the item is being ingested for medicinal purposes one would not recite a bracha; therefore we are taught that since the person receives some pleasure, it does require a bracha.

Eating food that is harmful1 is not considered eating, and a bracha is not recited.2 Therefore, one does not pronounce a bracha when he drinks olive oil3 or vinegar4 as they are, since these are harmful. Some Poskim5 hold that it is preferable under these conditions to drink another liquid and make a bracha on it, with the intention to include the oil or vinegar. Yet, if one mixes the olive oil or vinegar with something else such that the detrimental element is negated, a bracha would be in order, and the rules of primary and secondary foods take effect.6 Items that have a pleasing taste require a bracha although they may not be healthy.7 Thus if a diabetic eats a food with a high sugar content, he would make a bracha. The reasoning being that although the food is harmful, the harm is not immediate.8 One does not recite a bracha over items that have a direct dangerous effect, since the ingestion of such a substance is prohibited, and brachos are not recited for prohibited foods.9 Food eaten for medicinal purposes that does not in itself have a pleasant taste does not necessitate a bracha, although the person benefits from the healing effect.10 If the food being ingested for medicinal purposes has an acceptable although not necessarily pleasing taste, then the person does recite a bracha, even though his intent is upon the remedying value.11 There is a difference of opinion with regards to one who must drink mineral water when he is not thirsty solely for medical purposes. 12 There exists a point of contention as to whether medicine that does not have a good taste of its own, but has a sweetener to make the medicine palatable, requires a bracha.

Some hold that it does not.13 Others hold that a ‫ שהכל‬should be made.14

‫ עמ' סד) שהאריך להוכיח שגדר (אוזוקי מזיק ליה”הוא מאכלים שכשנאכלים לבד‬, 2 ‫ עי' לרב"ע פארסט בס' פתחי הלכות – ברכות ח”א (פ“ד ס“ו והערה‬1 ‫ עי’ כפה”ח (סי’ רב אות מ) ושו”ת אור לציון‬5 ‫ שו”כ סי’ רד ס”ב‬4 ‫ שו”ע סי’ רב ס”ד‬3 ‫ שו”ע סי’ רב ס”ד וסי’ רד ס”ב‬2 . ‫ ע“ש ואכמ“ל‬. ‫מעוררים רגשי גיעול ותיעוב‬ 8 )‫ עמ’ תיח‬, ‫ עי’ ילקוט יוסף ח”ג (סי’ רג אות יט‬. ‫ שו”ע סי’ רד ס”א ובמשנ”ב שם ס”ק טו‬7 ‫ שו”ע סי רב ס”ד וסי’ רד סוף ס”א‬6 )‫ עמ’ קטו‬, ‫ח”ב (פי”ד שאלה א‬ ‫ וע”ע‬.)‫ עמ’ סה‬, 24 ‫ וכ”כ בס’ פתחי הלכה (פ”ד הערה‬, ‫ עמ’ רכה) בשם חמיו הגרי”ש אלישיב זצ’’ל‬, ‫רבי יצחק זילברשטיין בס’ חשוקי חמד על ברכות (לדף לו ע”א‬ .)‫ שו"ת מהר"ם שיק (חאו"ח סי' רס‬.'‫ שו”ע סי’ קצו ס"א ובמשנ"ב ס"ק ג‬9 )‫ וכן כתוב מכבר בשו”ת מהר”ם שיק (חאו”ח סי’ רס‬.)‫בשו”ת אבני ישפה ח”א (סי’ מב‬ ’‫ יעי‬.)‫ וראה בשו”ת אגרות משה ח”א (סי’ פב‬. ‫ שו”ע שם ובמשנ”ב ס”ק מג ובשער הציון ס”ק לז‬11 ‫ שו”ע סי’ רד ס”ח ובמשנ”ב ס”ק מג‬10 ‫עי’ ילקוט יוסף שם‬ ‫ כן‬13 )‫ עמ’ צא‬,’‫ עי’ בס’ נשמת אברהם ח”א (סי’ רד סוף אות ד‬12 )‫ עמ’ צ‬,’‫ אמנם עי' מש"כ בס' נשמת אברהם ח”א (סי’ רד אות ד‬.)38 ‫בפתחי הלכה (פ"ד הערה‬ ‫ עי’ נשמת אברהם ח"א‬14 )‫ עמ’ קעא‬, ‫ וכן ראה בס' הליכות שלמה ח”א (פי”ג דבר הלכה אות כז‬. ‫ עמ’ סח) בשמו‬, ‫ א‬39 ‫ ע”י נשמת אברהם‬. ‫היא שיטת הגרש”א‬ .‫ עמ' צא) בשם הגר”ע יוסף זצ’’ל‬,'‫(סי' רד אות ד‬

A

fter the miraculous crossing of the Red Sea, the Jewish people sang a song of praise to Hashem. ‘This is my G-d, and I will glorify Him…’ (Shemos 15:2) The Gemara says in reference to this pasuk that when we do a mitzva we must glorify it. For example having a beautiful sukkah, shofar, sefer torah etc.

We find the same concept in reference to tzadaka, ‘When you give food to a hungry person give him your best and sweetest food….give him your best clothes’ (Rambam Hilchos Isurai Hamizbaiach 7:11) Being careful with mitzvos between man and Hashem is of utmost importance. But do we apply the same stringency and caution to mitzvos that are between man and man?

One Pesach the men in charge of baking matza in their town approached Rav Yisroel Salanter asked him what they should be extra cautious with when baking the matza.

The Rav answered, ‘Be careful not to hurt the feelings of the widow who worked in the bakery.’

It can be easy to serve a delicious meal in honour of Shabbos and keep it’s laws to perfection, but at the same table to speak loshan hora about a fellow Jew, or to buy the most beautiful esrog, but ignore the tzedaka collectors on the street outside the shop.

A true eved Hashem however will glorify all mitzvos, and will both bake matza to halachic perfection, as well as treating those around them with the same care.

Torah ideas adapted from Love your Neighbour by Rabbi Zelig Pliskin

www.jgift.org www.jgift.org

8th Feb 2020

‫י"ג שבט תש"פ‬

‫פרשת בשלח שבת שירה‬

Sages through Ages THE

11

Dr Benji Schreiber

Rav Shlomo Zalman Auerbach Shaarei Chesed, Jerusalem 1910 –1995 ‫כ’ באדר א‬ Rav Shlomo Zalman Auerbach was considered by many to be the greatest Ashkenazi posek in Eretz Yisrael.

He had a great role in applying halacha to every area of modern life, especially technology and medicine. He was renowned for his sweet, approachable nature, for his straightforward approach and for his balanced piskei halacha.

Biography Rav Shlomo Zalman was born in Shaarei Chesed, where he spent his whole life. His father, Rav Chaim Yehuda Leib Auerbach, was Rosh Yeshiva of a yeshiva of Kabbalah, Shaar HaShamayim and they lived in true poverty. He learnt in Talmud Torah Etz Chaim and then in Yeshivas Etz Chaim.

When he was 11 he knew Kiddushin by heart.

By age 19 he wrote a commentary on the shev shemaitza, which was published only years later. He married Chaya Rivka. He was the talmid muvhak of Rav Isser Zalman

Meltzer. He became Rosh Yeshiva of Kol Torah in 1949, a position he continued his whole life.

He was close to Rav Kook, who was mesader kidushin for him (as he also was for Rav Elyashiv zt’’l), and who he addressed as mara deasra de’eretz Yisrael.

His seven sons were all Rabbonim of note.

One unfortunately was killed in a car accident. His three sons-in-law are also notable Rabbonim, especially Rav Zalman Nechemia Goldberg. He was the brother-inlaw of Rav Sholom Schwadron, who married his sister Leah.

Writings At the age of 24 he wrote his first sefer, Meorei Esh, regarding electricity on Shabbos.

He wrote Maadanei Eretz on Shemittah, Terumos and Maasros. Minchat Shlomo is a collection of response, with two volumes published posthumously. He was the main posek behind Rav Neuwirt’s Shemiras Shabbos Kehilchosoh. Many collections of his rulings have been published in recent years.

He had supreme command over halacha and was particularly prolific in areas of halacha and medicine, technology and Shabbos and questions of terumos, maasros and shemittah.

His rulings were widely respected and implemented. Some of his better known rulings include: He did not accept brain death as final; he ruled that bnei chutz laaretz must keep two days in Israel and he paskened with regard to level of jaundice to delay a bris.

Personality My Rosh Yeshiva Rav Aharon Lichtenstein ‫ זצ”ל‬described him as a blend of composure and joy. He had a calm temperament and

was very warm and humble. He showed a genuine concern for everyone he met.

He abhorred machlokes and was troubled by progressive secularisation and divisive polarisation.

On his tombstone he allowed only the words ‫“העמיד תלמידים בישיבת קול תורה והרביץ מעודו‬ ”‫תורה לרבים‬.

A young man who escorted Rav Shlomo Zalman home asked him why he was straightening his clothing at the entrance to his house. Rav Shlomo Zalman replied.

“Chazal say that when a man and a woman live together in peace, the Shechina dwells in their midst. I have straightened my clothes in honour of the Shechina.”

After 54 years of marriage, his Rebbetzin passed away. At her funeral Reb Shlomo Zalman was heard to utter the following remarkable words: “It is customary to request forgiveness from the deceased.

However, I have nothing to ask you forgiveness for. During the course of our marriage nothing ever occurred that would require either of us to ask the other’s forgiveness…”

His Torah learning and special middos made him universally respected and accepted. May his memory be a blessing.

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