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250
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פקד יפקד ה' אתכם
בס"ד
קדושים- אחרי מות
ח' אייר תש"פ
2nd May 2020
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It is our Way of Life
Rabbi Jeremy Golker Head of Kodesh, Hasmonean High School
Sefer Vayikra is a book of two halves, with an abrupt change taking place in the middle of our sedra, Achrei Mos. The first seventeen chapters of Sefer Vayikra all relate to the Mishkan. They covers topics such as korbonos, rules of kohanim, tumah and taharah, the dedication ceremony of the Mishkan and the avodah of the Kohen Gadol on Yom Kippur.
is less of a theology and more of a way of life. To convey this idea, the phrase “Ani Hashem Elokeichem” is not needed in the first half of Sefer Vayikra as that primarily deals with the Mishkan. Even the one time it does appear in the first seventeen chapters of Vayikra, it is in relation to Kashrus and not the Mishkan per se.
Then, halfway in to our sedra, from chapter 18 onwards, Sefer Vayikra deals with a litany of miscellaneous topics starting with prohibited relationships and then kedoshim tihiyu, moving to shemittah, erechin vows and much in between.
But when Sefer Vayikra moves on to cover a host of miscellaneous topics, the phrase “Ani Hashem Elokeichem” needs to repeated over and over to remind us to bring Hashem in to every aspect of our lives.
Notably, the phrase “Ani Hashem Elokeichem” appears over fifty times from chapter eighteen onwards and only once in the first seventeen chapters of Vayikra.
This is a message we need to convey and model to our children and students. To live a life of Torah, recognising that Hashem’s Presence goes beyond the walls of shul or school, and adhere carefully to Halacha which demonstrates that Hakodosh Boruch Hu is wholly integrated in to our daily lives. M
Rav Menachem Leibtag offers the following, wonderful explanation. Some people may mistakenly think that the Shechina, the Divine Presence of Hashem, is limited to the Mishkan, Beis HaMikdash or even just our own shuls or Botei Medrash. This is simply untrue. Hashem’s Presence and message must be disseminated into everyday life. Judaism is 24/7, 365 days a year. Judaism
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Oneg Shabbos Issue 250
Kedusha
Rabbi Benjy Morgan Executive Director, JLE
Wholiness with a W We are all familiar with the Ramban of how one can be a menuval birshus haTorah. The purpose of kedusha is to elevate not to just “keep mitzvos”, “be kosher” but to truly be kodosh. However what is ultimate kedusha? It is interesting to observe how Shabbos – with its tremendous kedusha has so much gashmiyus and oneg in it. A student of mine once commented – how is it that the Jews, on their most spiritual day, engage in so much materialism? Surely we should fast, not speak and separate from our families on this holy day?
The goal is actually not holiness with an H – rather with a W – wholiness – wholesomeness – with spirituality in the driving seat – and materialism a passenger. And that is what is so hard. The Ramchal in Derech Hashem explains that the ultimate Olam Habboh is the guf and the neshama together because that is ultimate kedushah – but instead of being a menuval birshus haTorah – with the guf in the driving seat – our job is to put spirituality first and let the guf come along for the ride. As we read “kedoshim tihyu”, we almost wish it would be easy to separate from the world. The hard job – which is rewarding - is to take the cup of wine on
Friday night and be mekadesh – elevate – to another level. That is kedusha; that is our job. This is the idea why during kiddushin we take a cup of wine; we take something materialistic like relationships and elevate and then elevate again. Sometimes it feels like it would be easier to completely disengage – but that is actually a yetzer hora. We are supposed to serve Hashem “bechol levovchoh – i.e. bishnei yitzrecha” – to take all the passion of the yetzer hora, and to straddle the tightrope of this world, and engage and elevate. “Kedoshim tihyu”. M
It is interesting to note that Avraham Avinu was not mechadeish spirituality there were other spiritual paths prior to him. However his chiddush to the world was that Hashem wants us to find spirituality within the mundane. This is a dangerous path. Rabbi Shimshon Pincus once noted, that he wished he could be spiritual like other religions. It’s so much easier! Live on top of a mountain, don’t get married, don’t speak, don’t eat. We as yidden are put on the tightrope of life. Eat – but only eat kosher. Speak – but no loshon hora – Marry – but act in an elevated way.
For questions on Divrei Torah, please email the editor Rabbi Yonasan Roodyn at editor@oneg.org.uk
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To suggest an idea or a response to the ideas exchange please email ideas@oneg.org.uk
2 May 2019
ח' אייר תש"פ
קדושים-פרשת אחרי מות
Judging Favourably
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HaRav Zvi Kushilevsky Rosh Yeshivah Yeshivas Heichal HaTorah Adapted by Rabbi Daniel Fine
ּׂשא פְ נֵי־דָ ל וְל ֹא תֶ ְהּדַ ר ּפְ נֵי גָדֹול ּבְ צֶ דֶ ק ִּת ְׁשּפ ֹט ע ֲִמיתֶ ָך ָ ֹא־ת ִ ל ֹא־תַ עֲׂשּו עָ וֶל ּבַ ִּמ ְׁשּפָ ט ל
You shall judge your colleague with righteousness. (Vayikra 19:5) Judge your colleague with righteousness. This is to be understood literally (referring to judging a court case). Also, judge your friend favourably. ( Rashi ibid, citing Gemara Shevuos 30a)
T
his means that if there’s someone who you do not know and you see them doing something which is ambiguous, such that it can be explained either as a good action or a bad action, due to middas chassidus, you should explain it positively and not negatively....But if you know that the person is righteous, you have to judge him favourably even if the situation looks negative (Rambam Pirkei Avos 1:6). A Torah Sage should judge everyone in a good light, speak favourably of his fellow man, [never mentioning] anything that is shameful to him, love peace and pursue it. (Rambam Hilchos De’os 5:7) As Rashi on the pasuk writes, citing the Gemara in Shevuos 30a, and as the Rambam in his Sefer Hamitzvos writes (#177), our pasuk obligates two things. Firstly, it obligates a Beis Din not to favour one of the parties (e.g. by instructing one to stand during testimony and the other to sit, or allotting a speaking timerestriction to only one of the litigants). And second, this pasuk obligates everyone to judge their fellow man favourably. As the Chofetz Chaim notes, given that this is a positive mitzvah, it is odd that the Rambam in his commentary on Pirkei Avos (1:6) and Hilchos De’os presents the mitzvah as a middas chassidus - something over and above the letter of the law, and something
expected only of Torah scholars. Why does he not write that it is an absolute obligation for every one of us? The answer is that there is a difference between judging someone you know to be a good person and someone who you don’t know. The mitzvah of judging favourably is limited to someone you know to be good - your friend as the Gemara says. Whilst the mitzvah does not technically apply when it comes to someone you don’t know (since you do not know if they generally perform mitzvos or sins), only the middas chassidus element exists in such a case. This is based on the pasuk’s word your friend (amisecha) which we normally understand to mean ‘someone who keeps mitzvos like you do.’ Therefore the Rambam is recording both parts of the mitzvah: when it applies according to the strict letter of the law and when it is beyond baseline halacha. There is however, a third level. As the Rambam writes, when it comes to a
tzadik you have to interpret his actions favourably even if the odds are stacked against him; even if it looks like he has done something negative. These three levels can be seen in the Mishnah in Avos when read in totality: “make for yourself a Rabbi, acquire a friend and judge everyone favourably”. Making a Rabbi refers to your obligation to continuously make your Rabbi into a Rabbi; keep judging his actions as worthy of a Rabbi. Next is acquire a friend: this means judging their normal actions favourably (as long as it is reasonable). The language of kinyan (acquisition) is used for there is a form of transaction or barter here you need to judge them favourably to keep up the friendship; it is a give and take. And finally judge everyone favourably refers to those who you do not know: the word judge is used to show that we are within our rights to take into account the logic of a judge using the majority, evaluative methods, and other such calculations. M
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Oneg Shabbos Issue 250
Secrets Worth Revealing
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There is a joke from Soviet Russia about a man who comes to the border with a wheelbarrow full of dirt. Eyeing the strange contents suspiciously, the border guard orders the man to dig through the dirt to prove that he is not smuggling anything within it. But alas, all he finds is dirt, and so he lets the man pass. The next day the same man arrives with another wheelbarrow of dirt. Not to be outsmarted, the border guard again orders that the man reveal the contents of the dirt, only to find again that nothing has been hidden. After a week of successful border crossings, the guard exclaims to the man, “What could you possibly be doing with that dirt? If you tell me what you’re really up to, I promise you I will continue to let you pass!” Answers the man calmly, “Sir, all this time you’ve been looking for something hidden in the dirt. But I’m in the business of smuggling wheelbarrows.” One does not need to look hard to find the smuggled wheelbarrows amongst the words of the Torah. In every parsha there lurks some not-so-subtle reference to a concept that defies any simple understanding and reminds us that there are indeed many layers to the interpretation of the text. One such example hides in plain sight in Parshas Acharei Mos, with the opaque reference to the se’ir l’Azazel. No need to open the Arizal to look for the mystical interpretation here; rather, turn to the pashtan par excellence, the Ibn Ezra, who tells us that contained herein is a secret of the Torah, only a fraction of which can actually be revealed. The Ramban quotes this Ibn Ezra and then adds the following statement: “Rabbi Avraham (the Ibn Ezra) was a trusted soul to conceal the matter, but I the talebearer will reveal the secret as our sages of blessed memory have already revealed it in several places.” He then goes on to describe the nature of the Azazel and what it means to offer tribute, so to speak, to the yetzer hara to prevent it from interfering with our teshuvah on Yom Kippur. Those who wish to delve into the meaning of the Ramban’s cryptic interpretation are welcome to do so. But perhaps a more accessible, and yet equally fascinating, subject is the debate amongst our greatest commentaries of whether or not to reveal the secrets contained within the Torah. What possessed the Ibn Ezra to withhold the explanation of the Azazel? And on which point exactly did the Ramban differ in choosing to divulge it? This question has been formulated in various forms over the millennia, and the responses have been enlightening. We are reminded of an encounter in the Rambam’s Hilchos Teshuvah, where in the fifth perek he raises the infamous dilemma of how it’s possible for people to possess free will if
Hashem knows everything before it transpires. His solution is simply that Hashem’s knowledge is not like our knowledge, and that the answer to this question is beyond our ability to understand, but we should know that both propositions can be true at the same time. This response arouses the wrath of the Ra’av”d, who takes the Rambam to task for raising questions that can challenge our emunah without providing a satisfactory answer. Better, he says, to leave it simple and unstated than to create doubts in people’s hearts. But Rabbi Yosef Karo in the Kesef Mishna defends him, saying “perhaps our teacher intended that if some person were ever bothered by this question, it would severely disturb his mind, and so [the Rambam] framed that issue such that the very nature of this question defies an answer, because we do not possess the ability to understand Hashem’s knowledge of the world.” In other words, perhaps by revealing what we don’t know, that gives us permission to accept that there are unanswerable questions without it posing a threat to our emunah. The Maharal presents another insightful perspective regarding the revealing of Torah secrets. Towards the beginning of his sefer Gur Aryeh, he pens a lengthy description of the meaning behind Hashem’s slaughtering the female leviasan, the strange water creature found in Bereishis. As a preface he gives a cause for wanting to write on such an esoteric subject: “Since Rashi brought this Midrash in his commentary, and many people have never seen the light of wisdom, it has disturbed them, and they have not known the paths of wisdom, because if they did, they would be in wonderment and astonishment at such an awesome thing — how Hashem placed wisdom and understanding such as this in the hearts of the sages, and they would say “Blessed is He who apportioned from His wisdom to those who fear Him!” Here the Maharal is defending his exegesis, saying that if he does not shed some light onto how brilliant these mystical ideas are, people will instead come to think that they are, G-d forbid, silly or stupid. A third instance highlighting this debate comes from the Gemara itself, in Megillah 3b, when Yonason ben Uzziel causes the earth to shake because of his translation of the third section of Tanach, Kesuvim. A bas kol emanates from heaven, asking “Who is this that has revealed My secrets to human beings?” Yonason ben Uzziel’s answer is astounding: “It is revealed and known before
Rabbi Moshe Friedman Forum for Jewish Leadership
You that it is not for my honour, nor for the honour of my father’s house, but for Your honour I have done this, so that machlokis should not increase within Yisroel.” His honest answer is that although there may be some negative consequences in revealing that which Hashem has intentionally kept hidden, nonetheless the overriding need for shalom has necessitated that such secrets be revealed, so that people do not continue to argue in matters in which they were previously ignorant. So what, then, was the motivation for the Ramban to reveal the secrets of the Azazel? Was it to show us the wisdom of the Torah and its sages, or perhaps to create a peaceable consensus in how to understand the pasuk? He neglects to say. What we do know, however, is that the Ramban himself was well familiar with the dangers of misinterpreting Torah secrets. In the introduction to his commentary on the Chumash, he writes that although he often provides the kabbalistic interpretations, those who are not initiated to its wisdom should skip over them. He then cautions that the misinterpretation of these ideas can lead to incredibly harmful and damaging results. Perhaps there is more than one way to approach these revealed secrets of the Torah. For those who can truly understand their deeper meaning, it will no doubt bring them to greater levels of avodas Hashem and simchah in Talmud Torah. For the rest of us who cannot, we may simply look on in wonder and awe at the complexity and profundity of Torah, and use these glimpses of the great beyond as a motivator to strive ever higher in understanding the wisdom contained in our most precious of national treasures, the Torah of Moshe Rabbeinu. M
2 May 2019
ח' אייר תש"פ
קדושים-פרשת אחרי מות
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Kedusha
What is it anyway? Rabbi Daniel Fine
I
Community Rabbi, Stanmore and Canons Park US; Hasmonean Beis Programme
must admit that I am a traditionalist; I am not one for sequels, modern adaptations or anything that veers from the original intentions of an author. I find it much like someone offering a revisionist reading of a Tube map, claiming that the author meant something completely different and encoded a message into the Tube stations names! Similarly, I tend to be quite wary when a modern spin is hoisted onto a Torah text – pretending that the text was written to solve a very contemporary issue (sometimes so contemporary that it will be irrelevant in a decade’s time anyway). However, when the former mashgiach of the Mir Yeshiva, Rav Shlomo Wolbe, says something that also resonates with the modern ear, then one can be assured that it is of true Torah content! The question is how do we define kedusha? For the opening instruction of the parsha is Kedoshim tihiyu – you shall/ should be holy. Rashi comments that the people were especially gathered in full in order to hear this most critical message. But what is kedusha? Well, this seems to be subject to dispute. Rashi writes that it refers to avoiding illicit relations, whilst the Ramban writes that it refers to refraining from – even overindulging in - permitted physical pleasures like overeating. The Sforno says it follows on from the appellation in last week’s parsha that we are to be a holy nation, and refers to actions that grant us a stake in the Next World. Yet what is clear is that the word or concept of kedusha seems unclear! Why did Hashem not provide a clear definition of the word? And, as the Sifsei Chachamim asks, why is this THE critical parsha according to Rashi?
Rav Wolbe writes that kedusha means self-awareness. Kedusha means knowing who one is and where one is holding, what spiritual level one is at and an acute understanding of one’s current standing and ambition. Kedusha means not fooling oneself and knowing one’s capabilities, boundaries, limits and essence. These are the root causes of the explanations of Rashi and the Ramban above. And this is perhaps why the Torah never put a clear definition on kedusha – it is not an allencompassing objective definition, it is
to be assimilated into each and every individual. So why is it so important? Because any element of real growth is predicated upon self-awareness. With no understanding of self, there can be no genuine change, development or improvement. And any change that does happen will fade away sooner rather than later. If mitzvos are to mould a person, the person needs to understand themselves first. That is what kedusha is and why it is so important. M
Thank you to Rebbes & Teachers When a 12-year-old girl was struggling with her maths homework during the lockdown, she emailed her teacher for help. Rather than just an email back, he actually came over to her house with a white board, and taught her through the window! We need to appreciate all the teachers right now, like Mr Waba, who are continuing to work during these tricky times.
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Oneg Shabbos Issue 250
Kedusha
This page has been sponsored anonymously
A Personal Mitzvah that Needs the Community “And G-d spoke to Moses saying: ‘Speak to the entire Community of Israel and tell them You must be Holy, for I the L-rd your G-d am Holy.’” (Vayikra 19:1-2) Rabbi Yissocher Frand Rosh Yeshiva, Ner Yisrael Baltimore
The Medrash comments that this pasuk was said ‘be’hakhel’, namely, it was said to all the Jewish people together. In contrast, most of the Torah was taught to Moshe, who taught it to Aharon, who taught to Aharon’s sons, who taught to the Elders etc etc. However, Moshe taught this parsha in everyone’s presence. Why is this parsha different? The Medrash answers: because most of the fundamentals of Torah are dependent on this parsha of “kedoshim tiheyu — you shall be holy.” The simple interpretation of this Medrash is that, since there are so many important laws that are contained in this parsha, it was said in the presence of everyone. However, perhaps the Medrash means something else. Perhaps it means that the specific mitzvah of ‘you shall be holy’ is so important and has so many of the fundamentals of Torah dependent upon it, that this mitzvah itself was given publicly. According to the Ramban, this mitzvah teaches us how to live and act as Jews. The Ramban explains that if not for this mitzvah, a person could conceivably be a “naval birshus haTorah,” meaning he could be an observant Jew, and simultaneously a glutton. He could live an obscene life within the parameters of the Torah. He could eat as much as he wants, he could indulge in all the physical pleasures of life - and it might all be ‘glatt kosher.’ If not for this mitzvah, such a person could be called a tzaddik [righteous person]. However, the Torah says, “you shall be holy”—you must abstain. You must act with restraint, with holiness. Do not indulge. Do not be a glutton. That is the mitzvah of ‘kedoshim tiheyu’. It is so
vital that it had to be said to the entire nation together.
among people who also share the ideal of ‘kedoshim tiheyu’.
The Shemen HaTov explains that a person cannot be holy unto himself. Even though it is an individual mitzvah, the individual needs the help of society. If someone lives in a society that is indulgent, it becomes very difficult for that individual to remain a kadosh [holy person].
It must begin with the individual. As the Chassidic Rebbe Reb Bunim is quoted as having said, when he was young he thought he could change the world. As he got older, he saw he could not change the entire world, but at least he could change his city. As time went on, he saw that even changing his city was beyond his grasp, but he said, “I will at least change my neighbourhood.” When he saw that this was not working, he said, “I’ll at least try to change my family.” When he saw that this failed as well, he said, “I will need to try to only change myself.”
In order to achieve “you shall be holy,” the cooperation of a person’s family, city and nation are required. The parsha needed to be given to everyone together. When everyone is involved in conspicuous indulgence, it becomes almost impossible for an individual to act with restraint. We see this very clearly in the society in which we live today. Rampant hedonism surrounds us, where people instantly gratify their every whim and wish. We live in a society that does not know about kedusha [holiness]. The only way we can personally achieve this mitzvah of “you shall be holy,” is if we not only work on ourselves, but we elevate those around us and try to live
However, once he succeeded in changing himself, then he saw that his family was different, his neighbourhood was different, his city was different, and in a sense the entire world was different. When working on this mitzvah of ‘kedoshim tiheyu’, we cannot go it alone. We need to work on ourselves, and then our families, and then our neighbourhoods, and then our societies. M
2 May 2019
ח' אייר תש"פ
קדושים-פרשת אחרי מות
Rabbi Menachem Salasnik Director, Journey to Better Speech
This well known fable has been told in several different versions and it contains an important message: A blind man sat on the steps of a building with a hat by his feet. He held up a sign which read, “I am blind, please help.”
365 Thank
You Notes
There were only a few coins in the hat – spare change from people as they hurried past. A man was walking by. He took a few coins from his pocket and dropped them into the hat. He then took the sign, turned it around, and wrote some words. Then he put the sign back in the beggar’s hand so that everyone who walked by would see the new words. Soon the hat began to fill up. A lot more people were giving money to the blind man. That afternoon, the man who had changed the sign returned to see how things were. The beggar recognized his footsteps and asked, “Were you the one who changed my sign this morning? What did you write?” The man said, “I only wrote the truth. I said what you said but in a different way. I wrote, ‘Today is a beautiful day, but I cannot see it’.” Both signs spoke the truth. But the first sign simply said the man was blind, while the second sign connected emotionally by conveying to everyone walking by how grateful they should be that they can see. There is an inspirational book written by John Kralik called ‘A Simple Act of Gratitude’. John describes his life as a disaster. He was depressed, broke, overweight, and on his second divorce living in a miserable apartment in LA with no air conditioning. He was an attorney but he couldn’t afford to pay his employees their end-ofyear bonuses because his clients weren’t paying their bills on time, and sometimes they weren’t paying them at all! So what happened? In his own words: ‘In December 2007, I had reached what I viewed as a nadir in my life. While my life seemed full of debts and disasters, I ached for the things and the security I felt I deserved. On January 1, 2008, as this dissatisfaction pervaded my thoughts, I took a walk in the mountains above Pasadena, where I was inspired to write one thank you note a day for the next year.
7 ‘Although it took more than a year to complete the writing of 365 thank-you notes, I continued writing them until 365 were completed. And then I kept on. I learned to be grateful for the life I had, recognizing that the love I had for my children made my life already richer than the many people I envied. I learned to be grateful for my law firm, my practice, and for the love of friends and family that surrounded me. I became thankful for the many people around me who dealt with challenges far greater than the ones facing me, with courage and style. I learned to recognize the many people in my life who had protected and cared for me’. We need to learn to make gratitude the mainstay of our life and we can only do that if we are able to recognize what we have and then practice, daily, expressing it. And in fact, we have the perfect opportunity to do so in our daily prayers. The modim or thanksgiving blessing is often rushed through without thought. It’s near the end of the amida, so it would take quite a significant achievement to still be focused on what we are saying by that point (!); but nevertheless if we can think of one new thing to be grateful for every time we say the blessing (and as everything we have is a gift from Him, we should be able to find something!), we will notice a profound change in how we view our life. And if we can then take the next stage and convey to the people around us, daily, our gratitude, either verbally or preferably in a written form, the appreciation we unearth will lead to a real, deep and lasting joy. M
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Oneg Shabbos Issue 250
Restoring Restoring the the primacy primacy of of Choshen Choshen Mishpat Mishpat Under Under the the auspices auspices of of Harav Harav Chaim Chaim Kohn Kohn שליט"א שליט"א
Rabbi Meir Orlian Halachah Writer, BHI
SUB-STANDARD WORK Mr. Schwartz worked as a subcontractor. He was in the midst of a home renovation project and hired a young local plumber, Mr. Green, to install the bathtub and sink in the bathroom. Mr. Green came one afternoon and worked for a number of hours, installing the bathtub and sink. He left a bill for Mr. Schwartz. The following morning, the project supervisor came by to check the progress of the renovation. "I had the bathtub and sink installed yesterday," Mr. Schwartz said. "I got one of the local plumbers to do it." "Let's have a look," said the supervisor. "I hope he did a good job." The two went to the bathroom. When the supervisor saw the work, he was furious. "What kind of work is this?!?" he exclaimed. "The sink is not centred properly, and the bathtub is not sitting straight. The sealant also looks like it was applied by an amateur." "I'll call him back to fix it," said Mr. Schwartz. "No way," said the project manager. "Everything has to be redone completely! Whoever you got, I don't trust him. Tell him that everything has to be redone and get someone else!" Mr. Schwartz called Mr. Green and sadly notified him that the supervisor insisted that the work be redone by someone else. "That's up to him," said Mr. Green. "I left a bill for my work yesterday." "Why should I pay you?" said Mr. Schwartz. "Your work was shoddy and has to be redone completely. I gained nothing from it!" "Nonetheless," argued Mr. Green, "I invested time and effort installing the tub and sink. Why shouldn’t I be paid?" "It’s not my problem that you did sub-standard work," replied Mr. Schwartz. The two came before Rabbi Dayan. Mr. Schwartz asked: "Am I required to pay Mr. Green for his work?" "A professional who is hired for a certain task, must do so in an acceptable manner," replied Rabbi Dayan.
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"Otherwise, the employer is required to pay only if, and what he benefited from the work" (Nesivos 335:3). "For example, the Gemara (Gittin 54b) teaches that a sofer who was hired to write a Sefer Torah but did not write G-d’s Name with the required intent, so that the Sefer Torah is unusable, is not entitled to his wages. Nonetheless, if the scroll is usable as a Chumash to learn from, he is entitled to wages as for writing a Chumash" (Y.D. 281:5). Similarly, a paid guardian who did not guard properly and the item was lost, even in situations that he is not liable, loses his wages, since he did not perform his task properly (Ketzos 227:11, 305:2). On the other hand, the Gemara (B.K. 116a) states that someone who was hired to rescue a drowning animal, even if he did not succeed, is entitled to his wages for his efforts. In that case, though, it is known that the outcome is in question, and the payment is for the effort, so long as the rescuer acted properly. Here, however, the expectation is clearly for a job properly done, and the worker was negligent (C.M. 264:4; Sma 264:11; Pischei Teshuvah 264:1). When the contract does not stipulate a certain standard of work, it depends on whether such work is considered acceptable according to common industry standards. If the work is within standards but the employer decides to redo the work, nonetheless, because he wants a high standard, he cannot refuse to pay. "Thus, if the work was truly substandard, Mr. Schwartz is not required to pay," concluded Rabbi Dayan. "If there is a dispute between the employer and worker whether such work is acceptable or not, it is like any other claim, that hamotzi meichaveiro alav hare’ayah (Nesivos Sachir 30:12). Verdict: If the work is not considered acceptable by industry standards and has to be redone, the employer is not required to pay the professional.
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
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Shemiras Haloshon Food for Thought to Spark n io Conversat 516.668.3725 meaningfulminute.org @meaningfulminute
GOOD TIMES ARE COMING Do you know the feeling of utter relief that you are going Rabbi to have when your situation Shais Taub is finally resolved? Bitachon merely means having that same feeling now. We know that bitachon is a powerful tool. There is a famous expression in Yiddish:‘tracht gut vet zein gut’ – when you think positively, you manifest positive results. When somebody writes you a cheque and you hold it in your hand, there is a certain sense of relief that you were paid. Even though this may not be the reality, as they could always cancel the cheque or the cheque could bounce, there is a certain sense of security when you are holding that cheque. You feel that you can relax; now you were paid. We all have souvenirs to remind us of a time in the past. There is also the idea of a souvenir to remind you of a time that is coming in the future. We have to have faith. We have to have trust that those good times are coming. When we invest in a tangible souvenir to remind us of the good times that will come in the future, showing how secure we feel in Hashem’s hands and how much trust we have that He will take care of us, then that itself brings us to those good times.
I don't want to hear ! Someone is speaking loshon hora to you. You didn’t start it and you’re not adding to it, but still, you’re hearing it. What should you do?
The Dilemma An old classmate finds you at a wedding and starts telling you about the many business failures of someone who graduated with you. His story is clearly geared to describing how inept the person is, rather than soliciting help for him or some other positive purpose. How should you respond?
The Halacha We are required to stop someone who is speaking loshon hora and let him know that he is doing something improper. This is true, even if he will be angry and say something that embarrasses us. If possible, we should rebuke the person in private, and always in a respectful and understanding way. Rebuke is not the proper response, however, if as a result the other person is likely to redouble his loshon hora.
Sefer Chofetz Chaim, Hilchos Loshon Hora 6:5. 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-bycase basis.
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Daf Yomi WEEKLY
Oneg Shabbos Issue 250
שבת נ"ז
HALACHAHHighlight
MAY WOMEN NOWDAYS GO OUT WEARING JEWELRY ON SHABBOS IN PLACES WHERE THERE IS NO ERUV? אם יצאת. ולא במחט שאינה נקובה, ולא בטבעת שאין עליה חותם... ?במה אשה יוצאה? ובמה אינה יוצאה . נז- .–אינה חייבת חטאת
With which accessories may a woman go outside on Shabbos, and with which accessories may a woman not go out on Shabbos? …She may not go out wearing a ring without a signet, nor may she go out with a non-pierced needle. If she did go out with these, she is not obligated to bring a chattas offering. 57a
R
ashi1 explains that the reason why a woman who did go out wearing these items would not be obligated to bring a chattas offering is that this interdiction is in fact a Rabbinic injunction. The Rabbis were concerned that if a woman were to go out with any of these, there exists the possibility that upon meeting a friend she would remove the accessory to display it to her friend and then proceed to carry the item in the public domain, thereby transgressing a Torah-level prohibition. Thus, the Rabbis forbade wearing these items out into the public domain on Shabbos. Although the Mishnah here clearly prohibits women from wearing jewellery into the public domain on Shabbos if it may be shown to others, it is documented that at least from the Gaonic period and onward, it has been the custom of women to wear ornaments when going out into the public domain on Shabbos, even where no Eruv exists. The discussion of this custom has been the centre of much attention in the writings of Halachik masters through the ages and until our days.
Rabeinu Tam2 rules in accordance with the opinion3 that this Rabbinic enactment was limited to wearing the items into a public domain, from which he derives that to enter a carmelis (a domain that does not fit the conditions of either a public domain or a private domain) would be permitted. Thus, today, says Rabeinu Tam, when our streets cannot be categorized as true public domains - being that 600,000 people do not travel over them in the course of the day, nor are they 16 amos wide [see Daf Digest Shabbos 6] - our public thoroughfares would have the status of a carmelis. If so, effectively it would be permitted for women to wear their jewellery out into the public domains of the period. This view is challenged from different quarters4. Some authorities5 state that indeed wearing these items into even a carmelis would be forbidden. However, it was the assessment of the Rabbis that if the women would be reprimanded on this score, they would ignore the rebuke. As such, ואל יהיו מזידין,( מוטב שיהיו שוגגיןit is preferable that they act without intention, than that they be aware and act deliberately). [See Daf Digest Shabbos 55]. Other authorities6 posit that women today are not accustomed to removing their jewellery to exhibit it to their friends. Some explain7 that this is a function of the women of the time being generally more sophisticated, and thus not inclined to removing jewellery in public. Others8 add that this decree was not unconditional and unchanging, rather it was meant to be applied only to the situation of the day when women had a tendency to remove and display jewellery publicly. However, provision was made for times when women would not display their jewellery, as which time the decree would not apply.
The Shulchan Aruch9 and Rema10 reference most of the above-mentioned cogitations, without appearing to render a final determination. Rav Yechiel Michal Epstein11 writes at length to support the custom of women to wear jewellery publicly on Shabbos. He explains that the women of the Talmudic period usually did not venture from their homes, and even when they did, they enwrapped themselves fully. Moreover, they did not generally go to the synagogue. Therefore, they only saw each other infrequently. Under these conditions, there was concern that if they would come across each other in the streets, maybe they would remove and display their jewellery. However, in the present, women do frequently leave their homes. Also, they encounter one another regularly, whether it is in each others’ homes, or in the synagogue. As such, they do not typically remove and show their jewellery in the streets.
It is clear from Rav Epstein’s words12 that he views this as satisfying reasoning to permit the wearing of jewellery out into the public domain. Indeed, some contemporary Poskim13 rule similarly. However, several Poskim14 appear to view these as attempts to justify the common practice, but not as true halachic reasoning. As such, they seem to opine that preferably a woman should avoid wearing this type of jewellery out on Shabbos15. שיטת ר”ת בתוס’ לקמן )סד ע”ב ד”ה רבי ענני( ]עי’ ספר2 . רש”י כאן )ד”ה במה אשה וכן ד”ה ואם יצאת( עי’ לקמן נט ע”ב1 רבי ענני בר3 .[ והשווה לשיטת רבינו ברוך בעל ס’ התרומה )סי’ רמ( והוב”ד בתוס’ )סד ע”ב ד”ה רבי ענני( ועוד.(הישר )סי’ דר ( ועי’ בריטב”א )סד ע”ב ד”ה רב. עי’ בתוס’ שם וכן ברא”ש )פ”ו סי’ יג4 ששון משמיה דרבי ישמעאל ברבי יוסי לקמן בדף סד ע”ב ( וכן ראה, ועי’ בר”ן )דף כו ע”א בדפי הרי”ף סוד”ה אבל קשה, וכן סיים התוס’ שם, עי’ ברא”ש )פ”ו ס”ס יג( בשם ר”ת5 (עניני וכן בארחות חיים )הל’ שבת סי’ רסא( בשם.בריטב”א )סד ע”ב ד”ה רב עניני( וכן באור זרוע )סי’ פד( בשם ה”ר יוסף בתוספותיו רב שר שלום גאון הוב”ד בתוס’ )סד6 . ועוד. דף פא ע”ד( בשם ר”ת, ועי’ ברבינו ירוחם )ספר אדם נתיב יב חי”א.רבי דוד בר לוי ’ דף קמח סוע”ב( ובס’ הרוקח )סי, ס’ יראים )סי’ רעד7 (.[( ]עי’ בס’ תשובות רב שר שלום גאון )סי’ כט וסי’ ל.ע”ב ד”ה רבי ענני ריטב”א )סד ע”ב8 .( ועוד. ועי’ בס’ ארחות חיים )הל’ שבת סי’ רסא. דף לח ע”א( בשם ס’ יראים,ק( ובס’ שבלי הלקט )סי’ קו ערוך11 שם בהגה10 ( שו”ע )סי’ שג סי”ח9 (( והשווה לדברי התפארת ישראל על המשניות )שבת פ”ו אות טו.ד”ה רב עניני ’( וכן ראה בס. שו”ת אור לציון ח”ב )פרק כג שאלה יא13 .” “וזהו היתר נכון וברור: עי’ שם שסיים12 (השלחן )סי’ שג סכ”ב , הערה לסי’ שג סיח, ועי’ שו”ת אגרות משה )”ה מחאו”ח סי’ יח. עמ’ קלז( בשם החזו”א,ארחות רבינו ח”א )פרק שבת אות קמט ) עי’ ביאור הלכה )סי’ שג סי”ח ד”ה כי בזה( וס’ שש”כ14 (.דף מה ע”ב ’ עי’ בריטב”א )שבת סד ע”ב ד”ה רב עניני( בשם תוס15 (.פרק יח סי”ב Brought to you by האחרונות כי הרבנית אשת ר’ יהודה ז”ל היתה אומרת כי בעלה היה . ע”ש. וגם השר מקוצי ואחיו ז”ל היו אוסרים לנשותיהם,אוסר לה
‘You shall be holy…’ (Vayikra 19:1) Holy? How?!? The Chasam Sofer points out something fascinating about this command. Hashem commanded Moshe to state this verse in front of ‘the entire congregation’ (19:2), teaching us that in order to attain true holiness, we must sanctify ourselves by behaving properly with those around us! The parsha Kedoshim, which commands us to ‘be holy’, also contains many of the mitzvos that guide us on how we should behave with other people. It includes prohibitions such as not gossiping, not harbouring hatred, and even against offering people harmful advice. It is this very parsha, that spells out the famous obligation to ‘love your fellow as you love yourself’ (Vayikra 19:18), an obligation that is so poignant, that when asked by a gentile to describe the whole Torah whilst standing on one foot, this is what Hillel chose to highlight. To love people as much as we love ourselves sounds very difficult to achieve; we may even question if it is fully possible? But the very fact that Hashem the Creator commands this of us, means that this is attainable. A manufacturer knows what his products are capable of! It is a mitzva that takes work, and the first step towards success is to accept that yes, we are able to achieve this! In addition to knowing his products well, a manufacturer does not create a product without an instruction manual. By following the Torah’s clear guidance in relationships between people, we are provided with explicit methodology as to how to reach our goal: avoiding the negative acts such as taking revenge, verbal attacks, causing embarrassment and others (some of which are mentioned above). And on the flipside, working on the positive acts listed in the Torah, such as giving charity, visiting the sick, and many more. Through these prescribed actions, we carve a distinct pathway, towards loving and treating others as we would want to be treated. ‘You shall be holy…’ (19:1) Holy? How?! Working on our interpersonal relationships is a great place to start.
2 May 2019
ח' אייר תש"פ
קדושים-פרשת אחרי מות
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STORY
A Change in Perspective Rabbi Yitzchak Oelbaum Rabbi, Nachlas Yitzchok, NY
Y
ears ago, at one wedding which Rav Pam was in attendance, the father-in-law of the bride had ordered a kesubah which was very expensive. Hand-made, it was a beautifully designed piece of art, which was a source of pride to the newlyweds and specifically to the father-in-law. Right before the proceedings of the wedding were to begin, however, a mistake was noted in the kesubah, deeming it invalid. An alternative kesubah was readily made available, yet it was not made by hand and was a far cry from the beauty of the previous kesubah. The father-in-law was unbelievably distraught, as his dream of having such gorgeous artwork hang in his children’s house would no longer be a reality. Rav Pam, noticing what had happened, went over to the father-inlaw, and whispered something into his ear. From then on, throughout the rest of the night, the man had a big smile on his face. Later, when asked what Rav Pam had said which calmed him down, the father-in-law related, “He told me that for some reason, it had been decreed in Heaven that my children would need to
have two kesubos. There are two ways this could have worked out. Either she would receive a second kesubah because she would have gotten divorced or one of the spouses would pass away. Or, alternatively, as has happened now, a new kesubah would need to be written. Hashem provided you with the easier option, with one kesubah becoming unusable, so a second one would be needed. Once I heard this, I immediately settled down.”
A shift in perspective can change everything. It is quite the common scene for crowds of people to be lined up waiting for a bus back home after Shabbos in Bnei Brak. Years ago, on one such occasion, close to one hundred people stood waiting for the 402 bus that would take them from Bnei Brak to Jerusalem. But as the anticipated bus did not show up on time, more people began waiting. But even at the next allotted time, no bus showed up. Suddenly, a bus started driving down the road and pulled up. It was the 210 bus on its way to Ashdod. Of all the people waiting, one person who needed to go to Ashdod boarded. But he had the entire bus to himself, as everyone else needed to go to Jerusalem. Approaching the bus driver, they began begging him
to take them to Jerusalem. “Please, we are stranded here!” But the driver had a job. “I can’t!” he said. “I have a job which requires me to go to Ashdod. I’m not able to just take people wherever they want. I have a strict route I need to follow.” But the crowd persisted. “There are so many people here waiting! You would be doing all of us such a favor if you could take us.” But the driver persisted. “I really can’t!” he reiterated. “I have a job, and I’m unable to go out of my way.” But the crowd eventually prevailed on the driver. “Okay, okay,” he acquiesced. “Don’t tell anybody. Tell the crowd to start boarding…” Within minutes, the entire bus was full, and everyone was beyond thrilled, except the one man who actually needed to get to Ashdod. That one man knew the driver, so he got up and approached it. “Let me ask you a question,” he said. “I know you; we’re good friends. You are a nice guy, but I don’t understand. There is no way that you would be willing to go out of your way from Ashdod, and risk your job to take people to Jerusalem. Why are you doing this?” The driver looked back at the fellow. “To tell you the truth, I really am the 402 bus. But I realized that if I show up and announce myself as the 402 bus, everyone would be fuming and yelling at me. Look at everyone now. They’re all sitting down nicely, appreciative, happy and relaxed. I changed the number on my bus on my way here.” A little shift in perspective once again, and drastically different results. M
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