מוצאי שבת ר"ת
מוצאי שבת
240
הריני בא ללמוד תורה לשמה לעשות נחת רוח לאבינו שבשמים
Issue
'פקד יפקד ה
בס"ד
פרשת משפטים כ"ז שבט תש"פ 22 Feb 2020
קבלת שבת
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BMTH
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MAN
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6.44
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6.08
6.26
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6.22
6.25
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4.54
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5.09
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5.10
Learn from the Example
Rabbi Benjy Morgan Executive Director, JLE
Nowadays, before anyone is hired to a sensitive position, we do CRB and DBS checks, essentially to make sure that the potential employee has no criminal record. If a convicted criminal offered home help, I can’t imagine there would be a lot of interest in their services! Imagine the scene: Klal Yisroel are still on a high from the experience of Matan Torah, desperate to learn the instructions for living contained in the Torah. And then, the first laws they receive are the Mishpatim, the first of which discusses eved ivri - the Jewish slave who is in fact a convicted thief. And believe it or not, the Torah requires us to take this person into our home and treat him like royalty.
Jewish family, living a life full of Torah and Mitzvos. There, at the home of his hosts, he will learn from the example of his owners, who are required to treat him with the utmost respect. That is where we see the difference between the Torah viewpoint and the secular world. Even today, if a prisoner in the modern state of Israel wants to study Torah instead of doing prison chores, it is permitted, because the Israeli authorities appreciate the rehabilitative qualities therein.
Two questions come to mind: Why start with this? Surely the Torah would not want to emphasise the fact that there are thieves and crooks in the holy nation!
That is why, said Reb Yaakov Galinsky, the Torah starts with this lesson – to teach us the contrast between the way Hashem views the world as expressed in His Torah, and the way others view the world.
Who on earth would be taking this guy in to his home? This isn’t exactly the mitzvah everyone is going to run to!
If a neighbour’s child smashes a window whilst playing football, we would angrily go round and demand payment from the neighbour. Yet if the neighbour’s cat were to smash a bottle of milk outside the door, we would probably shrug it off. But the Torah takes the opposite approach: the neighbour is in fact entirely responsible for the actions of
By contrast, the Torah requires us to put a thief in a rehab centre and what better rehab could there be than being immersed into a
ספר דברים
לע"נ מרת טויבא רחל נאה ע''ה בת ר' שמואל שמעלקא הי''ד נלב''ע כ''ה מנחם אב תשע''ז
This is the message of Parshas Mishpatim. As we embark on our journey from Har Sinai, we have to be aware of the beauty and depth of living a Torah life, and how it contrasts so glaringly with the way of life of those who surround us. Since we are affected by the surrounding culture, we may automatically think in line with the wider world, and that highlights just how essential it is to seek Daas Torah to clarify the proper path in service of Hashem. M
I once heard a fascinating insight from Rabbi Berel Wein, who contrasted how the western world views things with how the Torah sees the world.
The great Reb Yaakov Galinsky zt’’l taught the following idea: in the western world, a prolific thief is put into prison. In a recent shocking revelation, figures released by the Metropolitan Police reveal that the average cost of keeping a detainee in the cells for 24 hours is now £897 – double the cost of a night in the Ritz! And there’s only one thing he actually learns in prison: how to become a better thief!
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
his cat, and he will have to pay for the damage. But when his child causes damage, he is in fact exempt from payment, since a child is an independent being, and yet is not considered responsible for his actions.
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Oneg Shabbos Issue 240.
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person’s death via human agency. To explain why this might happen, Rashi cites a Mechilta from the Gemara in Makkos 10b, which refers to a saying of David HaMelech:
Rabbi Jonathan Hughes Rav, Radlett United Synagogue United Synagogue City Rabbi Director, Gateway
יּומֽת ָ מַ ֵּכ ֥ה אִ ֛יׁש וָמֵ ֖ת מ֥ ֹות
One who strikes a man fatally shall be put to death.
ֲשר ֙ ֣ל ֹא ָצ ָ֔דה וְהָ אֱ ל ִ ֹ֖הים אִ ָּנ ֣ה לְ יָד֑ ֹו ֶ ׁ ַוא שמה ָ ּ ֲש֥ר יָנּ֖וס ֶ ׁ ְש ְׂמ ִּת֤י לְ ָך ֙ מָ ק֔ ֹום א ַ ו
If he did not do it by design, but G-d placed it in his hand, I will assign you a place to which he can flee.
(Shemos 21:12-13)
T
he Torah states that if someone kills another unintentionally, he is punished by being exiled to one of the arei miklat. There he receives atonement and finds refuge from the rogue justice of the goel hadam. Clearly, one who kills b’shogeg is not deemed a reckless murderer, yet does bear some degree of criminal culpability based on negligence. The Mishna teaches that this unintentional killer will only be sent into galus if he was moving in a downward direction at the time when the cause of death was set in motion. However, if ascending at the time, he is exempt from galus. The Mishna exemplifies this crucial condition with several scenarios, one involving a man climbing down a ladder - yored basulam - when a rung broke, causing him to fall on top of the victim below. This precipitates the penalty of galus. However, if the killer was ascending - oleh basulam - when he slipped, the Mishna rules he is exempt from exile. Although the Gemara explains that this qualification is simply derived from Scripture, the Rambam provides a rationale; an object that descends is more likely to cause damage, since it is the nature of a heavy object to gather downward pace. (Move over Newton who came 600 years later!) Therefore, if the person did not take sufficient care whilst descending, he is deemed negligent and is exiled. In contrast, ascending entails, generally speaking, moving away from danger and a resulting accident lacks the same degree of culpability.
“As the proverb of the Ancient One says, ‘From the wicked comes forth wickedness’” (I Sam. 24:14). The proverb of the Ancient One is the Torah, which is the proverb of the Holy One, blessed is He, Who is the Ancient One of the world. Now where did the Torah say, “From the wicked comes forth wickedness”? [This refers to:] “ וְהָ אֱ ל ֹ֖קים אִ ָּנ ֣ה לְ יָד֑ ֹוbut G-d placed it in his hand.” To what is the text referring? To two people, one who killed unintentionally and one who killed intentionally, but there were no witnesses who would testify to the matter. This one [who killed intentionally] was not executed,
He contends that the passuk intends to convey the extent of Divine intervention into human affairs.
The Torah (ibid.) describes such a scenario as וְהָ ֱאל ֹ֖קים אִ ָּנ ֣ה לְ יָד֑ ֹו- Hashem placed the killing in the hand of the shogeg: a divinely orchestrated fatality. This indicates that sometimes G-d deliberately causes a For questions on Divrei Torah, please email the editor Rabbi Yonasan Roodyn at editor@oneg.org.uk
and that one [who killed unintentionally] was not exiled [to the refuge cities]. So the Holy One, blessed is He, brings them [both] to one inn. The one who killed intentionally sits under a ladder, and the one who killed unintentionally ascends the ladder - oleh basulam - and he falls on the one who had killed intentionally and kills him and witnesses testify about him and sentence him to exile. The result is that the one who killed unintentionally is exiled, and the one who killed intentionally was killed.
commentary on the passuk? It is unnecessary and seemingly misrepresents the halachah! Sifsei Chachomim and Mizrachi both opt for a rather ‘lav davka’ approach to resolve this conundrum by concluding that of course Rashi meant that when the killer fell he was moving downwards. Rashi merely refers to the fact that the shogeg ascended the ladder so that it was possible for him to descend before falling. However, would this justify Rashi deviating from the text of the Mechilta, especially when this risks halachic distortion? The Maharal in Gur Aryeh proffers an alternative and stunning explanation of Rashi. He contends that the passuk intends to convey the extent of Divine intervention into human affairs. Therefore, Rashi’s primary purpose is to provide the pshat - just how does Hashem place the death of another human being in someone’s hand? Thus, Rashi deliberately changed the text of the Mechilta in order to emphasise that specifically this man’s ascent up the ladder was not of his own free choice, but rather was entirely engineered by Hashem, Who “placed it in his hand”. Naturally, the man was descending the ladder when he fell, but such halachic exactitude would detract from our understanding as to what extent Hashem intervenes. Rather, Rashi emphasises that a person is certainly subject to the Divine master plan and loaded legs may carry one up ladders; nevertheless, the act of killing must contain an element of moral blameworthiness in order to be liable to galus – Hashem can never force a person to transgress. Indeed, it must be within this person’s bechirah to be watchful of his actions and it is axiomatic that he would not be exiled without deserving it. He is responsible for his descent, but ascending the ladder was an act of Hashem. M
Why does Rashi describe the pub ladder climber as oleh basulam / ascending before he fell onto the person below? Our Mishna rules definitively that in such a case, the individual is exempt from galus! This problem is compounded by the actual text of this Mechilta in Makkos 10b. There, the text reads that the shogeg killer was descending the ladder, yored basulam at the time of his fall. What made Rashi alter the text in his
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22 Feb 2020
כ"ז שבט תש"פ
פרשת משפטים
Going Beyond the Strict Halacha “These are the judgements which you shall put in front of them. When you acquire a Hebrew slave, he shall work for six years and in the seventh year he shall go out free.” Why are the laws of a Hebrew slave the very first subject discussed in Parshas Mishpatim, the first parsha after the giving of the Torah in Parshas Yisro? Iyov is known as a very righteous man. Tanach describes him as wholesome and upright, he feared Hashem and shunned evil. In Chapter 29 he describes his own righteousness. “I would rescue a pauper from his wailing and an orphan who had noone to help him…I would bring joyous song to a widow’s heart. I was eyes to the blind and feet to the lame. I was a father to the destitute.” Iyov was saying that had he been guilty of sin, he would have accepted his tribulations. But, apparently, he never did anything wrong, so where is justice? These words of praise are mindboggling if we think of a wellknown medresh. “Before Pharaoh began enslaving the Jews he consulted three of his advisors. Bilaam encouraged him, Iyov was silent and Yisro fled.” Bilaam harosho encouraged him because he hated the Jews and tried later, more than once, to destroy them. Yisro fled because he could not countenance even being part of such injustice. Iyov was silent, apparently not wanting to support Pharaoh but also not willing to speak out against Pharaoh’s plan to cruelly enslave the Jews. Is this the same person who claimed to be “eyes to the blind, feet to the lame and father to the destitute?” If he was such a tzaddik why didn’t he run away like Yisro? Imagine walking behind another Jew and you see money fall from his pocket. A few moments later he puts his hand in his pocket, realises that his money is missing and you hear him say, “Oiy vey for the money I have lost?” You know exactly where that money is. Do you have to tell him where his money is or can you rejoice in your sudden windfall and keep the money yourself?
In last week’s parsha (18:20), Yisro told Moshe Rabeinu, “And you should tell them the statutes and laws and you shall tell them the way they should go in and the deeds that they shall do.” Bovo Metzia (30b) interprets the last words of the posuk, “the deeds that they shall do,” as referring to going lifnim mishuras hadin, beyond the strict halocho. In the case we mentioned, the strict halacho allows us to keep the money ourselves but lifnim mishuras hadin, we should return the money.
Rebbe Yochanon said that Yerusholayim was destroyed because the people followed the strict halocho and didn’t go lifnim mishuras hadin (Bovo Metzio 30b). Iyov may have been a tzaddik, meaning he was careful to do what he was strictly required to do even being charitable and kind, but he did not go beyond the letter of the law. When Pharaoh asked him his advice he may have seen that Pharaoh was determined to begin his plan of slavery in any event. Even if he had disagreed with him, it wouldn’t have changed anything. According to strict requirements of his situation, he could sit there in silence. He was an oness, unable to do what should normally have been done in those circumstances. Yisro, however, went lifnim mishuras hadin, as he later taught Moshe Rabeinu.
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3 Rabbi Michoel Fletcher Mechaber of Sefarim Do You Know Hilchos Brachos?, Shabbos?, Yom Tov?, Chol Hamoed?, Do You Know Parshas Hashavua?, Do You Want to Know Shas?, From Strength to Strength, Dancing in our Hearts, The Hidden Light and the recently published ( חידושי דרוש על התורהin Hebrew).
To sit there and not protest was morally repugnant. To argue was useless. But, at least, he could absent himself. Let no-one even think that he agreed with Pharaoh. The parsha begins with the laws of a Hebrew slave. Now if he’s my slave, surely, I can treat him like a slave - like telling him to work until I come back, which is psychologically unnecessarily difficult. And yet the Torah later on (Vayikra 25) tells us that this is specifically forbidden. How much more so, telling him to work when it is not necessary. More than this, Kiddushin 22a says that the slave should not have an inferior bed to his master nor be given inferior food. Even a Canaanite slave, for whom these halochos are more lenient, should be treated well by his master. “Mimidas chasidus we should treat our slaves with mercy, feed them generously, speak to them respectfully and listen to any complaint they may have.” (Shulchan Aruch Y.D. 267;17). What could be a better way of beginning parshas Mishpatim. It is not just the laws of a slave. It is a gateway to proper behaviour; not always insisting on our rights; going beyond the strict halocho; showing mercy, generosity and respect to everyone. M This is an extract from “Do You Know Parshas Hashavua?” written by Rabbi Michoel Fletcher, published by Menucha Publishing.
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Oneg Shabbos Issue 240.
This page is sponsored לע''נ ביילא בת ר׳ משה ע''ה
There is a place for everyone, even you! Rabbi Shraga Kallus Rosh Kollel, Kollel Hora’ah L’Rabanim
as heard by Rabbi Avrohom Chaim Slansky
“There is no place for me!” he responded to my question. Reuven was on vacation here in Eretz Yisrael and after much pushing by his brother, an old talmid of mine, he agreed to meet with me. Reuven clearly needed help, and I had just suggested that perhaps we could discuss him returning to a Yeshiva of sorts. His response was clear. As we were talking I could not help but notice that on each arm he had a tattoo bracelet. Then I noticed a similar ring around his neck, and when he stood up, I noticed the same around each ankle. Although he seemed adamant, I pressed further, “how can you say there is no place for you?”. He looked up and asked with honesty, “come one, You think any Frum girl would ever marry me?”. Before I could respond, he continued, “look at me”, and pointed to the tattoos on his arms and neck, “there is no place for me anymore in the Frum world!”. It was clear that Reuven was not trying to be difficult, but was in deep pain. He believed the words coming out of his mouth, and I nodded as well. I asked if I could tell him a story about a Holocaust survivor? “Don’t tell me about their ‘tattoos’ of numbers on their arms!”, he responded. Parshas Mishpatim begins with various halachos regarding people that fell onto hard times. Following Matan Torah, here is where the Torah begins to give over the Mitzvos. There are numerous people discussed: the eved ivri - one that stole and therefore was sold into slavery due to his lack of A Big Mazel Tov to Rabbi Shraga Kallus & Family on the birth of their first grandchild
funds. Another unfortunate family that had so little money that they sold their young daughter as a maidservant to survive. And, even one that committed unintentional murder. Why does the Torah begin the listing of the Mitzvos with such difficult and demanding situations? One would have anticipated started with other Mitzvos - perhaps tzitzis, kashrus, tefillin?
realized that I had absolutely nothing. My entire family was killed. My entire town was wiped out. All the ‘friends’ from the death marches did not survive. I had nothing, and it seemed that there were no Frum Jews left - there was nothing to keep me connected to Torah, and no reason for me to remain steadfast in my beliefs. I was at such a low point, I felt lost and alone, it seemed that there was no place for me!”
I looked Reuven in the eye and said to him, “you are right, your tattoo might be more painful than theirs, but let me tell you what a survivor once told me: ‘Some think that the main difficulty for those that went through the camps, was the camps themselves. But for some, that is not completely accurate. Yes, the camps were a daily struggle, a fight of life and death, a fight for physical life. However, once the war ended and the camps were liberated, then the real fight began!’”
Reuven listened intently as I finished the powerful words of this Holocaust survivor. “I slipped further and further, until one day I heard about a Rebbe that was close by, so I decided to go and see him. The moment the Rebbe saw me, he saw right through me, and realized the low, lost place that I was at. Before I was able to utter a word, he pulled me into a warm embrace. With tears streaming down my face, I will never forget the words of the Heilige Klausenberger Rebbe, ‘Do not give up, there is a place for everyone in Yiddishkeit!’”
I noticed that he was listening intently, waiting to hear the rest of the story. I continued with the piercing words of this Holocaust survivor, “‘You know where the biggest battle was? It was in the DP camps, that was when I felt truly lost, there things became almost unbearable … ‘“ The Torah is teaching us a tremendous lesson: this how to begin the Mitzvos. Why? For these Mitzvos teach us a most critical lesson, there is a place in Yiddishkeit for everyone. Although these people were the lowest of the low - one who stole, a family that sold their own daughter, a person that actually killed - but the Torah teaches that they are yidden nonetheless. We are taught of the utmost care that a master has to give to even these servants and maidservants. The incredible design of the Arei Miklat in which this murderer has to live. Regardless how low, the Torah ensures that each person is taken care of and there is place for everyone! I continued the story that the survivor told me: “It was in the DP camps that I
Everyone has a portion in Torah, a share in Mitzvos, a unique bond with his Father in Heaven. Reuven was certainly moved by these powerful words, and whether they will penetrate his heart, only time will tell. But, we must all take the lesson from the Parshah, the teachings from the warmth of the Klausenberger Rebbe, and in every situation always remember, there is a place for everyone – even you! M
22 Feb 2020
כ"ז שבט תש"פ
פרשת משפטים
5
The beneficiary of our giving ָ שׂלְ מַ ֣ת ֵר שמֶ ׁש ְּת ׁ ִשיבֶ ּ֥נּו לֽ ֹו׃ ִ ּכ֣י ִה֤וא ֖ ֶּׁ ַעֶ֑ך עַ ד־ ּב ֹ֥א ה ַ אִ ם־חָ ב ֹ֥ל ּ ַת ְח ֖ ּב ֹל ּ ָ֔ ְכְ סּות ֹה ל ְשמַ עְ ִּ ֖תי ָ ׁ בַדּה ִה֥וא ִש ְׂמל ָ֖תֹו לְ ע ֹ֑רֹו ַּב ּ ֶמ֣ה י ׁ ְִש ָּ֔כב וְהָ יָה ֙ ִ ּכֽי־יִצְ עַ ֣ק אֵ ֔ ַלי ו :ָאנִי ֽ ִ ּכֽי־חַ ּנּ֥ון
If you take your neighbour’s night garment as collateral you must return it to him before evening. It is his only clothing, the sole covering for his skin. In what else shall he sleep? Therefore, if he cries .out to Me, I will pay heed, for I am compassionate Part of the Jewish outlook has always been to look out for and take care of those less fortunate than ourselves. However, the Torah seems to mandate even more than that. If someone is so poor that the collateral they offer you to get a loan is their pyjamas or blanket, we are obligated to return those night-time objects each night so he can sleep with them. Can you imagine the hassle? It seems that Hashem is saying that He will hear the poor man’s cry because He is compassionate. The question is why His compassion results in the lender being punished? The lender is doing exactly what he is supposed to do! He loans money based on the value of the collateral. When he doesn’t get paid, the whole point is that he takes the collateral until the borrower pays up. That’s what collateral is! If you give it back to him each night when he needs it, why would he ever pay you back? Rashi adds a piercing insight: וַהֲ ֵרי נַפְ ׁ ְש ָך עֹולָה אֶ צְ לִ י ָּכל אֶ מֶ ׁש,ַאתה חַ יָּב לִ י ָ ּ ַּכ ּ ָמה, ָאמַ ר הַ ָּק ָּב’’ה ַאתה ט ֹל וְהָ ׁ ֵשב ָ ּ ִירּה לְ ָך ַאף ָ חז ֲ ַּומ ְתחַ ֶיּבֶ ת לְ פָ נַי ַו ֲאנִי מ ִ וָאֶ מֶ ׁש וְנֹותֶ נֶת דִ ּין
ט ֹל וְהָ ׁ ֵשב
Hashem says, ‘How much do you owe ME? Does your soul not rise to me each night as you sleep for judgement? It fails to pass and yet each day, I return your soul to you when you wake up! You too should return his objects each night and come back for them in the day.’ Perhaps what Rashi is adding is that when Hashem says He will listen “for I am compassionate”, He isn’t referring to His mercy for the poor man. Rather, Hashem is saying to each of us “ I will hear the poor man’s cry, even though it is undeserving, because when YOU need me to have compassion for YOU each and every day, I do. I would therefore expect you to do the same for the destitute, to find it in your heart to be merciful even though you don’t have to be.” Go out of your way for others. Someone has gone out of their way for you! Or at least SomeONE. The symmetry is beautiful. Make sure that he gets to sleep, so that you will wake up! Ultimately when we give to others, the biggest beneficiary is ourselves! M
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Oneg Shabbos Issue 240.
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A Higher Authority There was a young man in his early forties who was very, very sick. He had a wife and a few children. The doctor told his worried wife, “I cannot take the chance to operate unless you get me a higher authority of somebody who says that I can operate on this man. I am afraid that he will die on the operating table.” The doctor meant that she should find a bigger doctor, perhaps a university doctor from a more prestigious hospital to take responsibility. She thought, however, “Who is the highest authority that I know?” She remembered that when her husband was twenty years old, he learned in Tiferes Yerushalayim by Rav Moshe Feinstein. She decided to go to Rav Moshe and ask him. A few days later, the doctor called and asked her, “Did you go to a higher authority?” “I’m going tomorrow,” she answered calmly. Curious he inquired, “Which doctor are you going to?” “Well,” she explained, “He’s not exactly a doctor. He’s a rabbi.” “I don’t believe it,” the doctor exclaimed, “You’re going to ask a rabbi whether I should do a medical procedure?! The rabbi has to know medical background. What are you talking about?!” Confident, she replied, “You asked me for a higher authority. This is who I consider the highest authority.” Astounded, he made an interesting request, “Can I go with you when you approach the rabbi? I need to see this with my own eyes – I can’t believe this. I don’t believe that a rabbi without medical background will make such a decision.” “Come along. I’m going tomorrow with my father and you can join us,” she answered agreeably. Sure enough, they went to FDR Drive where Rav Moshe lived. Rav Moshe welcomed the group in. He spoke to them
Rabbi Paysach Krohn and inquired about the seriousness of the illness and the details of the operation. He then turned to the wife and said, “I’m trying to remember your husband. You told me that he learned in my yeshiva twenty years ago.” “Rosh Yeshiva, I have a picture of what he looked like twenty years ago in your yeshiva.” She pulled out a picture for the Rosh Yeshiva to see. When Rav Moshe saw the picture and recognized the boy, he started to cry. The doctor, who saw Rav Moshe’s genuine care and concern firsthand, turned to the wife and said, “Now I understand why a rabbi can make such a decision. A person who can cry over somebody else’s illness, G-d will make him give the right decision.” Rav Moshe then answered an answer that can change our lives forever. Rav Moshe instructed that the operation take place, but together with that, the sick man should make a kabalah. He should undertake that from then on, every bracha that he makes would be said out loud so that somebody could hear and answer amen. Rav Moshe explained that the gematriya of amen is 91. The gematriya of the word malach is also 91. Every time a person says a bracha and somebody says amen, he creates an angel. These malachim protect us. “The man should undergo the operation armed with the kabalah of saying brachos out loud. He should also tell other people to say brachos out loud, so that he could answer amen. Others will also say amen on his brachos. With that he will be creating many malachim, which will protect him.” The operation was a success and the man was zoche to live years after the operation, saying his brachos aloud and answering amen to others. Story from StoriesToInspire.org
"The gematriya of amen is 91. The gematriya of the word malach is also 91. Every time a person says a bracha and somebody says amen, he creates an angel. These malachim protect us."
22 Feb 2020
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Trust in Hashem 516.668.3725 meaningfulminute.org @meaningfulminute
OUR LIFE IS SUPPOSED TO BE THIS WAY Rav Meilech Biderman The Divrei Shmuel related the following story: The people in Morocco worked very hard the whole week trying to make a living. The Ohr HaChaim HaKadosh was the Rav of Morocco at that time. He gathered the people and told them to work only three days a week. The other three days, he told them, they should devote to Torah learning. He assured them that if they kept to this arrangement, they would lack nothing. This was according to Pirkei Avos (4:12) where it says to reduce in business activities and engage in learning Torah. Therefore, he promised that they would not be lacking anything. The people accepted this upon themselves. The first three days of the week, they immersed themselves totally in Torah. After that, from Tuesday evening until the end of the week, they resumed their business dealings as before. Everyone in Morocco saw with their own eyes that they were not missing anything. They did not incur any losses, not even a cent. They kept to this arrangement strictly. After the Ohr HaChaim HaKadosh went to Eretz Yisroel, the people slacked a little bit and forgot their kabalah. It started with one little hishtadlus for parnassah on Sunday and a little more on Monday. Slowly but surely, these business dealings slid into the rest of the week until the whole arrangement fell away completely. The Divrei Shmuel ended his story with the amazing observation that the whole town saw. The people were not earning a penny more than they had earned before! Despite the extra hishtadlus, their income remained exactly the same! We must remember that emunah must be our first effort for our parnassah! M
THERE ARE NO SHORTCUTS.
If you want to get something in life, you must do the work to get it.
Rebbetzin Chani Juravel We have to get over the thought that discomfort is a bad thing. Discomfort is not an insult. Challenges are not incidental to life. Work is not a four letter word. We’re so busy escaping what doesn’t feel good instead of just feeling it. If this is where we are, this is the mission that we have today. Every day is our mission. It is the day that we wake up to, that we are supposed to have. It’s not in our way. It’s what we are supposed to live, if we want to get our neshama to the best place. When you know that this is where you’re supposed to be and you have clarity that this is the life Hashem bestowed upon you, you don’t have to be busy with what you’re supposed to be looking like or being.
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Oneg Shabbos Issue 240.
Restoring the the primacy primacy of of Choshen Choshen Mishpat Mishpat Restoring Under the Under the auspices auspices of of Harav Harav Chaim Chaim Kohn Kohn שליט"א שליט"א
Rabbi Meir Orlian Halachah Writer, BHI
BOARD MEMBER Yosef was an electrician and had done extensive work for Shimon in his new house. However, Shimon refused to pay the full amount that Yosef charged him. He claimed that some of the work was never done, and some was not done properly. They tried to work out the dispute but could not reach an agreement. Finally, Yosef decided that he would have to sue Shimon in beis din. Yosef suggested a number of batei din in which to adjudicate, but Shimon rejected them all, and insisted on adjudicating in the beis din of his community. “The accepted ruling is that the plaintiff is drawn after the defendant,” he argued (C.M. 14:1). “I would prefer elsewhere,” Yosef said, “but I’ll go along with you.” He submitted his claim to the beis din in Shimon’s community. A week later, Yosef heard that one of the Dayanim served as the Rav in a shul of which Shimon was an influential Board member. He refused to have that Dayan sit on the case. “What’s wrong?” asked Shimon. “That Dayan sits on almost all the cases of his beis din.” “I discovered that you are on the Board of his shul,” said Yosef. “How can he adjudicate in a case involving you? You are an influential member of his shul!” “Are you accusing the Dayan of not being impartial?” asked Shimon. “A person with a vested interest (nogei’a b’davar) is disqualified to testify or adjudicate, period!” argued Yosef. “The Dayan has a vested interest in exempting you, since you are influential in his shul.” “If you are concerned, why don’t you discuss the issue with Rabbi Dayan,” suggested Shimon. “Hear what he has to say!” “I certainly will,” said Yosef. Yosef approached Rabbi Dayan and asked: “Can a Dayan judge an influential constituent of his; is that not a vested interest?”
“The disqualification of nogei’a b’davar (vested interest) does not apply here, since that relates to a vested interest in the disputed money itself,” replied Rabbi Dayan. “In this case, what Shimon pays for the electrical work has no inherent impact on the Dayan. It could be relevant only if the constituent was a significant donor, and the sum disputed was large enough to affect his ability to donate” (C.M. 37:1). “Rather, the issue here is the close connection between the Dayan and his constituent, and whether his judgment will be swayed on account of this relationship. This is a different issue, that of judging a person that the Dayan has a personal connection with. The Gemara (Kesubos 105b) teaches that a Dayan should not judge someone whom he loves or hates, since it is hard for him to be objective. Although a witness is not disqualified on this account, that is because a witness reports fact; we do not suspect that he will testify falsely on account of his relationship. However, a Dayan is required to evaluate and consider, and might be subconsciously swayed in his deliberation” (C.M. 7:7; 33:1). Nonetheless a Dayan is disqualified only if he is a very close friend; a regular friend is not disqualified. Therefore, a Dayan can adjudicate the case of his student, his host when away from home, or his employer, where the case itself does not impact his wages” (Shach 7:12; Aruch Hashulchan 7:9,12). “However, it is a middas chassidus (virtuous conduct) that the Dayan avoid judging even a regular friend, when there is concern that he might not be neutral,” concluded Rabbi Dayan, “unless each side chooses one Dayan through the zabl”a process, since then they provide balance. The Rav of a community can also adjudicate cases of his constituents, even of those who provide significant funding, since he is accepted upon them” (Sma 7:20; Pischei Teshuvah 7:14; R. Akiva Eiger 7:7). Verdict: A Dayan cannot be disqualified from judging his constituent but can refrain if he feels that he might not be neutral.
Did you know that charging your credit card for your friend’s purchase to revolve over a billing cycle can entail ribbis? Ask your Rav or email ask@businesshalaca.com for guidance. This page is sponsored by nextgenrealestate.co.uk
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
22 Feb 2020
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AHAVAS YISROEL
QUIZ
A new exciting quiz on the Parsha Perfect for the Shabbos table! This quiz is colour coded into three abilities
3
What is the text of the ְ ּב ָר ָכה we make every morni ng, thanking Hashem that He didn’t make us a slave?
FOOD FOR THOUGHT TO SPARK N CONVERSATIO
WHO’S HOLDING THE KEYS? Self-control is the linchpin of middos. Without it, resolutions quickly evaporate. With it, we can reach great goals. But how does a person win a battle against himself?
ׁ ֶש ּל ֹא ָע ַשׂ נִ י ָע ֶבד...ְ א ָּתה ה׳ ַ ָ ּברוּך
A man decides to rob a bank. Following what he believes is an ingenious plan, he dresses as a police officer and gets into line. When his turn comes, he walks up to the teller, points a gun at her and hands her a bag. “Fill it up with cash,” he commands.
1
than Title other What Sedra tains n co ִ ּ מ ְ ׁ ש ָ ּ פ ִ ט f ים this Sedra o / judgements? ge the root jud
A moment later, he feels something hard pressing into his back. “Don’t move,” says the voice behind him. “I’m an undercover police officer and you’re under arrest.”
ׁש ְֹפ ִטים
5 Imagine a the road an person walks down d ְט ָפ ִחיםdee sees a pit which is p 9 spade and . He promptly take sa digs a furt her ֶט ַפחaf which an te injures itse animal falls in and r lf a) The firs . Who is responsible t person ( who dug th ? init e b) The seco ial 9 ) ְט ָפ ִחים nd person ( w h o dug the last פח ַ ) ֶט c) They d) None of are both resposible the two ar e responsi (since nei ble ther of complete them dug the 10 ) ְט ָפ ִחים b) The se co (who dug nd person the last פח ַ ) ֶט
Available in London at local Judaica shops. For more information: gfreilichjewishgames@gmail.com
The police officer is dressed in jeans and a T-shirt. Nevertheless, he’s equipped with a pair of handcuffs, which he quickly slaps on his prisoner. He then escorts the robber to the nearby police station. As they approach the station, the undercover officer’s neighbour sees him walking along cuffed to a man in a police uniform. From the look of the situation, the undercover officer seems to be the prisoner. “Whoa, what happened here?” the neighbour asks. “What did you do?” “I didn’t do anything,” the officer says. “You never knew this, but I’m an undercover cop. This guy here is under arrest.” The robber argues. “Don’t believe him,” he says. “Take a look. I’m a police officer, obviously, and he’s under arrest for trying to rob a bank.” The neighbor is confused. Who is telling the truth? “You don’t have to take my word for anything,” he tells the neighbour. “The person who holds the key to the handcuffs is the policeman.” He reaches into his pocket and displays the key. Case closed. 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.
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Oneg Shabbos Issue 240.
WEEKLY
‘ברכות נ
Daf Yomi Distinctive INSIGHT WHY DID HE THROW BREAD? :“ואין זורקין את הפת” נ "We do not throw bread." 50b
Rabbi Shimon Sofer zt’’l, the famed son of the Ksav Sofer zt’’l, writes that his father’s custom was to toss the piece of challah from the hamotzi to the guests who attended the meals at his house. The reason was that the bread upon which we recite the hamotzi is compared to the limbs of the offerings which were brought upon the Altar, and the mitzvah for those limbs was for them to be tossed upon the fire of the altar. Apparently, the Ksav Sofer felt that the prohibition in the Gemara of throwing food does not apply when it is done on top of the table itself. However, this does not seem to be the opinion of the poskim. Magen Avraham (167 #38) writes that food should not be thrown at all, even on top of the table, because this is disgraceful to the food. Tosafos mentions that tossing bread around causes it to become ruined. This reason, again, seems to apply even if it is done above the table. The Pri Megadim writes that it is particularly disgraceful for the mitzvah, to toss around the piece upon which the hamotzi was said. There are others, however, who defend the custom of the Ksav Sofer. They understand that the Gemara only prohibits throwing food when it is likely that the food may become soiled or ruined.
They explain that even those Rishonim who feel that tossing food in and of itself is inappropriate, may have only ruled this way when it is done through mid-air, for that is when the food is most probable to get ruined or to spoil other foods. On top of the table itself, Brought to you by however, they understand that there is no prohibition.
A
waiter gets paid for serving food, not for lifting a customer’s strength and spirits. A doctor gets paid for his medical treatment, not for the future accomplishments of his patients. Hashem however pays not just for the act of kindness, but rewards the doer for everything that act will ever accomplish. Take, for example, someone who is debating whether or not to help a friend on the verge of bankruptcy. He chooses to go ahead, and the business survives. 150 workers remain employed. One worker is saved from marital stress that would have happened as a result of job loss. Another is able to sign on a house and move his family to safe area. A worker with an elderly mother is able to afford home-aid care for her. The ripples go on…. And on…. In this week’s Parsha, we are told about the mitzvah of lending money to the poor (22:24). A life-changing act of chessed. Lending however does not stop with money, it is also a mitzva to lend objects. (Ahavas Chesed 1:2) Sometimes people struggle with lending things to others, even when the item is sitting unused. An antidote to this struggle is to imagine the ripple effects that the lending can put into motion. The meeting that wasn’t missed because of the loaned sat-nav, the knowledge gained from a borrowed book which is then perhaps taught to others, or the get-well card written with the borrowed pen, which when given put a smile onto the face of someone ill. The progress of an act of chessed is impossible to trace! It may appear to be a small act, but it will yield immeasurable results.
www.jgift.org
22 Feb 2020
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Sages through Ages THE
Dr Benji Schreiber
Rav Aharon Lichtenstein Paris, France 1933 – Alon Shvut, Israel 2015 א’ אייר תשע’’ה
A Personal Tribute Rav Lichtenstein זצ’’לwas a remarkable person. This is a personal tribute from a talmid. Rav Lichtenstein was born in Paris but grew up in the United States. He learnt under Rav Yitzchok Hutner, Rav Ahron Soloveitchik and Rav Yoshe Ber Soloveitchik, whose daughter Tova he married in 1960. He obtained a PhD in English Literature at Harvard University. After serving as Rosh Yeshiva at Yeshiva University for several years, Rav Lichtenstein answered Rav Yehuda Amital’s request in 1971 to join him at the helm of Yeshivat Har Etzion. He maintained a close connection to Yeshiva University as Rosh Kollel for the Gruss Institute in Jerusalem, an affiliate of Yeshiva University.
Recollections I once stood behind Rav Lichtenstein when one of the brightest boys in the Yeshiva asked him a question after shiur klali, while he was standing. I saw him concentrate so intensely that he had to stretch out his legs behind him and rest both arms on the desk
so that he could use every ounce of his strength in his mind. I can’t forget the way he once davened for the amud on selichos in the Yeshiva. I heard him say once that davening should be either quiet – deep and introspective – or loud and raw. But that a moderate speaking tone is unlikely to represent deep kavannah. I understood this when I heard him cry “’”ויקרא בשם ה. He exemplified a strong work ethic and tremendous self-discipline, carefully considering everything he did and said. He brought his command of English literature to bear on his approach to life. He quoted Matthew Arnold “Who saw life steadily and saw it whole,” which I understood as a call to breadth of vision, sensitivity to nuance. I asked him about advice on being a better husband and father. He said, “There’s an eitzah here and an eitzah there, but fundamentally it’s about being a better person”. When I would call him on the phone, I would often have to stop in the middle of my question to check he was still there, because he would listen intently without interruption. As someone said “When he’s listening, he’s like one big ear!” In Torah learning, I realised in his shiur that each sugya was used as a springboard for learning the sugya across Torah, with the current gemara as one source.
In psak halacha, he had broad shoulders, considering sugyos from their primary sources. I once asked him if I needed to put a mezuzah on a store-room and he said “It’s a machlokes Rash and Rambam”. That was the psak – it meant put it up without a bracha. I heard him say once that one who has difficulty in learning should check his davening and vice versa. He was always in favour of balance, of combined intellectual rigour with religious passion. He liked R’ Norman Lamm’s line that Centrist Orthodoxy should be “passionately moderate, not moderately passionate”. Rav Aharon was a towering intellect, deeply religious, humble, sensitive and moderate. He was a phenomenal leader of Klal Yisrael, showing what a life can achieve, steadily walking a tight rope. He profoundly influenced me and thousands of others. He is my North Star, my life guide. Of him it can be said: “שאפילו כל הרוחות שבעולם באות ונושבות ”.בו אין מזיזין אותו ממקומו .יהי זכרו ברוך
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