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261
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כ"ו תמוז תש"פ 18 July 2020
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JLM
MAN
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10.52
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7.08
8.57
9.34
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8.53
THE REPENTANCE OF REUVEN AND GAD Parashat Matot tells the story of the tribes of Reuven and Gad, who approached Moshe and requested permission to permanently settle in the region east of the Jordan River, instead of settling in Eretz Yisrael along with the rest of the nation. Moshe initially reacted very angrily, censuring these tribes for choosing not to proceed into the land which G-d had promised to Bnei Yisrael. Reuven and Gad explained that they would lead Bnei Yisrael in conquering the Land of Israel; only after the conquest was complete, would they return home to their families across the river. Moshe then agreed to allow these tribes to settle in that piece of land.
Nevertheless, they were wrong for being so enthusiastic about remaining there and not settling in Eretz Yisrael. Even though this is what they were supposed to do, they should have exhibited some ambivalence, some discomfort, in settling outside the sacred land promised to Bnei Yisrael. On this basis, we can perhaps understand the story told in the Book of Yehoshua (chapter 22) about these tribes. After spending fourteen years away from their families, joining the other tribes in capturing and distributing Eretz Yisrael, the men of Reuven and Gad were told by Yehoshua that they could now return home. Strangely, however, after we are told that the men returned home (Yehoshua 22:6), several verses later, the text says once again that they returned from Eretz Yisrael to their homes – implying that they left twice. The Midrash explains that Yehoshua escorted the men of Reuven and Gad to the Jordan River, and when they got there, the men realized that Yehoshua would be traveling back home alone. This would be very disrespectful – and so they all went back with Yehoshua, and stayed another night. The next day, they finally returned home to their families.
The Midrash cites in reference to Reuben and Gad the verse in the Book of Mishleh (20:21) that speaks of a “nachala mebohelet” (“a frantic portion”). Rav Eliyahu Dessler zt’l (1892-1953) explains that Reuven and Gad were wrong: not for desiring the land east of the Jordan River, but rather for the joy and enthusiasm with which they sought it. Every person, Rav Dessler writes, must find the role that is suitable for him, and serve Hashem with what Hashem has given him. If a person has a good voice, he should be a chazzan; if somebody is blessed with wealth, he should give charity. Our job is to use the gifts Hashem has given us in the best possible way. Reuven and Gad, as they explained to Moshe, had large quantities of cattle, and the region east of the Jordan River was especially suitable for grazing. They thus realized that their place was there in that region. This was where they were supposed to be.
Imagine that! After not seeing their families for fourteen years, they were on the border, about to be reunited with their wives and children, but they decided to go back for another night. We cannot even imagine how eager and excited they must have been to return home, but they delayed their return for one more day.
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Rabbi Eli Mansour The Edmond J Safra Synagogue
In light of Rav Dessler’s approach, we can perhaps understand why. Reuven and Gad’s mistake was being too enthusiastic about settling outside Eretz Yisrael and so their repentance was doing just the opposite: delaying their return home by one more day. When a person wishes to repent, to correct a character flaw, to reverse a mistake he made, he needs to focus on the root of the mistake. And thus Reuven and Gad reversed their excitement and enthusiasm to settle the region east of the Jordan River by delaying their return home by another day after fourteen years, and escorting Yehoshua rather than rushing to return to their families. M
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Oneg Shabbos Issue 261
A Divine Kiss
They journeyed from Kadesh and camped at Mount Hor, at the edge of the land of Edom. Aaron the Kohen ascended Mount Hor (al-pi) according to Hashem’s bidding and died there, on the first day of the fifth month in the 40th year of the Children of Israel’s exodus from Egypt. (Bamidbar 33:37-38) “According to Hashem’s bidding: (Al-Pi Hashem …lit. - by the mouth of Hashem) This teaches us that he died by the [Divine] kiss. “([Bava Basra 17a] – Rashi) The phrase “al pi - by the mouth of Hashem” is to be taken literally, Rashi explains, and therefore we learn that Aaron died by the kiss of Hashem. Moshe and Miriam also passed from this world in the same way. It must be reserved for the best of the best. What does it mean, to die by the “kiss of death” from Hashem? How might one merit such a lofty departure? The Talmud in tractate Brochos tells us that there are 903 forms of death. It’s based on a verse in Tehillim (68:21) – “V-l’Hashem…l’maves totzaos”- meaning “Through Hashem are the many avenues of death.” The numerical value of the word Totzaos is 903. Hence the 903 ways of literally “going out”. The Talmud goes on to explain that the lightest and easiest form of death is this “kiss of death” and the most severe is a form of choking called “askara”. The “kiss of death” the Gemora says, is like pulling a hair out of milk and the “askara” is like separating a tangle of wool and thorns or like pulling ropes through the narrow hole of a boat. One is easy and the other is strenuous and arduous. 38 years ago, I remember one of my teachers asking about this, “Since
For questions on Divrei Torah, please email the editor Rabbi Yonasan Roodyn at editor@oneg.org.uk
when is hair compared to the soul and milk compared to the body? Essav was hairy and hair is typically symbolic of materialism while milk is pure, white, and nourishing and more representative of the soul!” Then he said, “That’s exactly right! For the extra righteous person, the body is a miniature impediment like a hair and once that slight covering is removed like a hair from milk, the tzadik’s neshama is fully exposed, is opened up to the Ohr Ain Sof - the Endless Light of Hashem in the next world! Since he was longing to cleave to Hashem even while strolling in the darkness of this world, he is naturally drawn into the arms of his Creator like a child waiting to be picked up from Kindergarten class by his mother. The parent just peeks inside the door and the child goes running into his mother’s welcoming arms. Such is the “kiss of death” al- pi by the mouth of Hashem. Hashem comes close to the tzadik and his neshama is drawn automatically and easily back to its spiritual source. Askara is the experience of those souls that are mired in the world of temptation and material indulgence. I recall witnessing on 47th street in Manhattan a very intense scene. A van had parked briefly in a forbidden zone to make a quick delivery. By the time he came out,
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the Department of Transportation, not unlike the malach hamaves- the angel of death, already had his van hooked up to the lift. The poor driver tried to appeal to the humanity and emotions of the tow truck driver but there was no such human heart to be found. He spread his body across the windshield of his van screaming and refusing to let go. Eventually he was forced to yield. It was sad. Many years ago, a popular singer sang: “Breaking up is hard to do!” He probably didn’t know how profoundly true his words really are. The neshama that is in entrapped in this world and has not learned to wean itself from the physical and to acquire an appetite for ultimate truth is in for a struggling time when the van (or the car or the house or the body) that he so greatly associated with is towed away. To the tzadik it was a hair, but to him, it’s all of him! How does one merit this lighter form of death? I have a theory! It is written in this same Parsha, Parshas Masei at the very beginning, “Moshe recorded their starting points for their journeys according to the word of Hashem- (al pi Hashem), and these were their journeys with their starting points.” If one lives his life al pi Hashem – by the word of Hashem, then he can hope to merit to depart this world al pi Hashem, by the mouth of Hashem, with a Divine Kiss! M
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18 July 2020
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Leadership Lessons אמרי בנימין
מחשבה וסיפורים מאוצרו של,דברי תורה הגאון רבי בנימין קמנצקי זצ“ל
Rabbi Binyamin Kamenetzky Z’L
Parshas Matos begins with the laws of vows. The Torah tells us, “Moses spoke to the heads of the tribes of the children of Israel, saying, ‘This is the thing that Hashem has commanded. If a man makes a vow to or makes an oath to prohibit himself, he shall not violate his word...” The Torah then discusses how a person must honour his word, or properly nullify his vow. Interestingly, Moshe did not teach these laws himself to the Jewish people, but he told the rashei hamatos - the heads of the tribes, to teach them. Why is that? After Rav Yaakov Kamenetzky, zt”l, escaped Europe and took a temporary position in Seattle, he became a Rav in Toronto. The congregants, mostly of Polish descent, had customs which differed from Rav Yaakov’s Lithuanian heritage. They would hint to him that they would appreciate if he would adopt some of their customs.
Once, after noticing that he did not wear a gartel (traditional belt worn by Chasidic Jews during prayers), they left one on his seat! When he was asked as to why he did not wear Rabbeinu Tam Tefillin as was the minhag of chassidim, he answered that it was not the custom of Lithuanian Rabbanim. “But the Chofetz Chaim wore Rabbeinu Tam!” they countered. “The Chofetz Chaim only put on Rabbeinu Tam later in life when he was 90 years old,” replied Rav Yaakov. Indeed, when Rav Yaakov turned 90, he suddenly began to wear Rabbeinu Tam. According to reliable sources, it was because he had implied that he would put on at that age, when talking to his Toronto baalei batim. My grandfather, Rav Binyamin Kamenetzky zt”l, explained that Moshe is teaching the leaders an important principle. A person’s word is gold. He must honour it and keep his resolution, come what may. But who is able to teach this by example? Only a leader who practices this in real life. Moshe told the leaders of the tribes, that they must set an example to their constituents. The only way to teach integrity is by practicing it. A leader must do more than just lead. He must be able to practice what he preaches. Only then, can he genuinely impart these lessons to his disciples. M
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Oneg Shabbos Issue 261
This edition has been sponsored by Family Rose נעמי בת אליהו/ Grandma Rose לעי''נ
Rabbi Yossi Goldberg – Chinuch With Love
Years ago, when I was in Yeshiva, I had a painful encounter with a fellow bochor. We were talking about Hashem’s love for us and I quoted the yomim noroim davening, explaining, " כרחם אב על —בניםHashem loves you, just like your father loves you,”. His response was shocking. With pain-filled eyes, he looked at me and muttered bitterly, "But my father doesn’t love me". I was not privy to the personal details of this bochor’s family situation and I certainly had no idea what his relationship with his father was actually like. I was just struck by how much pain he was experiencing from his perceived lack of love from his father. Parent-child relationships often make or break the way a person experiences their childhood years. As parents, how can we ensure that we show our children sufficient love? And for those who struggle with this, how can we rediscover our love for our children? First let's try to understand what we’re referring to when we talk about "love". In recent years, much has been written and discussed about the term "unconditional love". I have seen people take issue with this term, asking, "How can my love possibly be unconditional? Doesn’t that mean giving children the freedom to do as they please without rebuke? Surely my love is conditional on their behaviour." I recently saw a quote from a Rov that really helps clarify the meaning of “love”. "The real opposite of love is not hate, but indifference." The feeling of love is the desire to connect, care about and enjoy being with the other person. Rav Noach Weinberg was known to say, "No sane parent would simply give away their child for 50 million pounds, no matter how annoying their child may have been on that particular day!". Regardless of how a child behaves at any given moment, or the personal grievances a parent may carry about their child; a parent naturally loves. When it comes to their child’s basic needs, health and sustenance, parents
will not be indifferent—no matter how frustrated they are with the child. It is rare to find parents who are indifferent to their child’s basic needs, and in these cases, the parents themselves are usually suffering. No normal parent gets up the morning after a sleepless night with a screaming child and says, "I'm not giving you breakfast because you kept me up last night". Love is not superficial. Love is soul deep. Our neshamos love unconditionally. As the mishna in Avos ( )ה' טזstates: ""כל אהבה שהיא תליוה בדבר בטל דבר בטלה האהבה “Love that is conditional on something will disappear when the condition is unmet” ""ושאינו תליוה בדבר אינה בטלה לעולם “Whereas love that is unconditional is everlasting” It is apparent that true love is by definition an unconditional, deep, spiritual feeling. What if a parent doesn't always feel like they’re brimming with unconditional love for their child? (It happens to the best of us at times!) A wise person once said, “Unconditional love is the outer expression of inner peace". Find your inner peace. Reconnect with your neshama. Get in touch with your true nature. By taking one's foot off the 'accelerator' of fast-paced life, one is able to achieve a peaceful state of mind. From there, the feeling of love will spring forth. Critics of the term "unconditional love" simply misunderstand it. Unconditional love has nothing to do with being carefree about a child's behaviour. It is purely about the feeling of connection that one lives with. That which we need to practice for the purpose of good parenting often doubles as good exercise for our own personal growth. Living with inner peace - the prerequisite for unconditional love - is valuable for our own growth, not just for our parenting. If we live in a constant state of love and connection, those around us will automatically benefit. Remember: "Unconditional love is the outer expression of inner peace."
In the forthcoming editions, I hope to cover a wide range of topics regarding chinuch and selfdevelopment. Feel free to send feedback and suggestions for topics you’d like to see discussed to rabbi@binyanodom.co.uk.
18 July 2020
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What Can You Do to Make Hashem Angry? PARSHAS MASEI Rabbi Ben Tzion Shafier Founder, Shmuz.com
“These are the journeys of the Children of Yisrael, who went forth from the land of Egypt according to their legions, under the hand of Moshe and Aharon.” — Bemidbar 33:1 The parshah begins with a catalog of the forty-two stops that the Jewish nation made in the desert. Rashi explains this with a mashal. Imagine a king whose son was critically ill. In search of a cure, he travelled with his child to a faraway land. The journey was successful, and on their way back home, the king pointed out to his son each of the stops they had made along the way. With great joy, he said, “This is where your fever peaked. This was the place where we rested…” So, too, Hashem recounted with great delight the various stops in the Jewish people’s travels. THE PROBLEM This Rashi is very difficult to understand. These “stops along the way” weren’t part of the plan. In fact, they were quite the opposite. The Jewish nation left Mitzrayim amidst great fanfare and glory. With the entire world taking note, they were to make one stop at Har Sinai to receive the Torah and then move on toward the Holy Land to occupy it forever. That wasn’t, however, the way things turned out. Because of their sins, the entire generation was decreed to wander from place to place for forty years and then to die in the desert. And even then the lesson wasn’t learned. Time after time, they failed; time after time they sinned. Hashem’s description of this period was, “For forty years you tested Me…” How then can Rashi say that these stops were joyfully recounted by Hashem? The answer to this can best be understood by asking a somewhat irreverent question. WHAT CAN YOU DO TO MAKE HASHEM ANGRY? Let’s say that you decided, “That’s it. I’ve had it. I’m fed up with Hashem! I’m going to do something to get Him angry.” What could you do to make Hashem really mad? The answer is nothing. Because we are physical beings, by definition we are confined. We exist for a given amount of time. We take up a given amount of space. We can run just so fast, walk just so far. Hashem, on the other hand, is beyond all boundaries and beyond all confines. Hashem is in all places at all times, existing before and after time. Hashem is so above all of nature that there is nothing that is beyond His powers and nothing that He can’t do. Hashem said, “It should be,” and everything — energy,
matter, quarks, atoms, and molecules — came into being. Hashem is also the Maintainer of physicality. Nothing can exist without Him constantly infusing energy into it. The reason I get angry is because I’m frustrated by my lack of power and control. But nothing is beyond Hashem; nothing is out of His control. Therefore, anger doesn’t apply to Him. When Hashem gave free will to man, He gave us the ability to make choices — but He governs the outcome. If man chooses evil, there are times when Hashem will allow those actions to come to fruition. But at no point, is Hashem not in control. The very notion of Hashem being angry stems from a lack of comprehending His greatness. HASHEM ACTS WITH ANGER FOR OUR BENEFIT This seems to be the answer to the question on Rashi. Hashem wasn’t “angry” with the generation. Hashem took corrective actions to help them realize their mistakes. Once the end came about and the Jewish nation was ready to enter the Holy Land, Hashem looked back over the stops with great fondness, as each one was part of the healing process. This concept is essential for us in understanding our relationship with Hashem. During our lives, there will be many times when we experience pain, suffering, and setbacks. However, not only doesn’t Hashem save us from these situations, often, we see the hand of Hashem bringing them about. From our mortal, limited perspective we tend to experience this as “Hashem is annoyed with us — vengefully punishing us for our transgressions.” It is then that we need to be mindful that Hashem is never angry. Hashem has a much broader vision than we do. Like a loving parent carefully guiding his child, Hashem directs our lives with loving kindness, bringing about situations for our benefit. Often times we don’t see it until the end, but everything that Hashem does is for the best and is done out of love for us, His beloved creations. This is an excerpt from the Shmuz on the Parsha book. All three volumes are available at your local sefarim store, or at www.theShmuz. com. All of the Shmuzin are available FREE of charge, at the theShmuz.com or on the Shmuz app, for Android and Iphone. For more on this topic please listen to Shmuz #51 Bitachon and Hishtadlus – Finding the Balance M
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Oneg Shabbos Issue 261
Sages through Ages
Dr Benji Schreiber
THE
Rav Zadok HaKohen Kreutzburg, Russian Empire, 1823 – Lublin, Poland, 1900
Rav Zadok Ha-Kohen Rabinowitz (1823-1900) was born into a misnagdic rabbinic family in what is today Jēkabpils, Latvia. It is related that he was a remarkable illuy. He lost his father when he was six and then lived with his uncle. Apparently, Rav Yitzchok Elchonon Spektor of Kovno (1817-1896) quizzed him when he was aged 8 and declared he will be a gadol. A few years after his teenage marriage, rumours about his wife’s problematic behaviour reached him. Some say jealousy caused others to intentionally try and disrupt his shalom bayis. In any case, Rav Zadok wanted to divorce her and she refused. He travelled around Europe to acquire the signatures of one hundred Rabbonim to allow him to remarry, even if his wife remained adamant. During his travels, he met many of the gedolim of his time. It is related that Rav Chaim of Sanz (17971876) told him that he sees with ruach hakodesh that his wife is innocent and if he divorces her, he’ll have no children. The Chidushei HaRim would not sign. When he met Rav Mordechai Yosef Leiner (1801-1854), the Izbitzer Rebbe, he quickly became a chassid. Ultimately, his wife did accept the divorce. The Izbitzer Rebbe then arranged his shidduch with Chana Devorah, although he never had children. His continued learning was supported by his father-in-law and later by his wife’s business in second-hand clothes. When the Izbitzer passed away, his followers split between his son, the Beis Yaakov, and his talmid Rav Leibele (Yehuda Leib) Eiger, grandson of Rabbi Akiva Eiger. Rav Zadok went with the latter group. Rav Zadok entered a period of shtika – silence – which lasted thirty years. He spoke to very few people and spent
his time learning alone and writing seforim. He responded to only a few letters. During this time, Rav Leibele gave him great respect and gave him matnos kehunah, the parts of the animal due to the kohen. When Rav Leibele Eiger passed away in 1888, Rav Zadok became Rebbe for the remaining 12 years of his life. During this time, he was a charismatic leader, teaching Torah to thousands of chassidim.
Works He was very prolific and wrote on a broad range of topics in halacha and machshava. Halachic works include: ‘Tiferes Tzvi’ on Yoreh Dea; ‘Levushei Tzedaka’, a defence of the Levush; ‘Otzar Ha-Melech’ on the first book of Rambam’s ‘Mishneh Torah’; and ‘Meishiv Tzeddek’, a defence of the practice to eat a meal inside the house on Shemini Atzeres. He wrote ‘Takanas Ha-shavin’ on teshuva; ‘Yisrael Kedoshim’ on the unique status of the Jewish people; ‘Sichas Mal’achei Ha-Shares’ on angels; ‘Resisei Layla’ and ‘Machshavos Charutz’ around the holidays; ‘Divrei Soferim’ and ‘Tzidkas Ha-Tzaddik’ contain insights based on Gemoro. ‘Divrei Chalomos’ outlines novel insights that came to him while dreaming. He also wrote on algebra, astronomy and engineering.
Beliefs
Rav Zadok describes a historical phenomenon he calls “zeh le’umas zeh” - literally, ‘this opposed to this’. In the generation of Moshe Rabbeinu, we had Bilam. A generation that desires to know the future produces both prophets and fortune tellers. A time period which emphasizes the abilities of the human intellect witnesses the rise of the Oral Law, as well as the ascendency of Greek wisdom. He describes a development from the time of dominated by nevuah and Written Torah to a time of chachamim and Torah she’baal peh, which continues to be revealed. He argues (Tzidkas HaZadik 40) that part of teshuva is realising that even sins were HaShem’s will, a perplexing position. Rav Zadok explains that Torah shebichsav is thisworldly and hence reference to the next world is in Torah shebaal peh. His was a gushing fountain of original creative Torah thought, combining intellectual study with mysticism. He influenced later Rabbonim including Rav Yitzhak Hutner, Rav Gedaliah Shorr and Rav Eliyahu Dessler. M
In interpreting Chazal, he looked for intrinsic connections between Talmudic statements and
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18 July 2020
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Two Roads Diverged in the Wood of Jewish History Two errors we have made in trying to bridge the old and the new Train tracks in a forest “Moses wrote their departures according to their journeys … and these were their journeys according to their departures.” (See this week’s Torah portion, Masei Numbers 33:2). “While the reasonable man adapts himself to the world, the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man.” -- George Bernard Shaw The concluding portion of the Book of Numbers (Masei), read this week the world over, begins by offering a summation of the Israelites’ forty-year journey through the wilderness, as they ventured toward the Promise Land. This odyssey across the Sinai Peninsula was comprised of forty-two segments, ultimately leading the young nation along the eastern coast of the Jordan River as they prepared to enter the Land of Canaan through the city of Jericho. The Torah, before documenting the specific route of their journey, notes that “Moses wrote their departures according to their journeys… and these were their journeys according to their departures.” This diction is as strange as it is perplexing. Three questions come to mind. First, what is the actual meaning of “departures according to their journeys,” and “journeys according to their departures?” Second, why is the verse redundant? What is the difference between “departures according to their journeys,” and “journeys according to their departures?” Third, why does the Torah flip the sequence of terms, first mentioning “departures” followed by “journeys,” and then in the second half of the verse switching the order, referring first to “journeys” and then to “departures?” Here we shall discover how these slight “errors” capture timeless truths of history and identity.
Past & Future Two divergent roads define the voyage of Jewish history. There are the Jews who ascribe to the “departure” paradigm, and the Jews who embrace the “journey” paradigm. The “journeying” Jews focus on the constant changes in history: the fluctuating trends, the cultural developments, the novel inventions, and the newly discovered wisdom. These Jews are sensitive to the winds of progression, to the alterations in the human climate, and to the opportunities and challenges that lie ahead. They aspire to define Judaism – or a philosophy of life -- that would be relevant to the contemporary conversation of humanity in its journey toward its own self-defined “promised land.” Yet, in their zeal to embrace the future, they often abandon the past. In their passion to remain relevant today, they forfeit the power of yesteryear. In their yearning to capture the individual “your,” they neglect the depth of the “yore.” In their ambition to grow tall, they detach from the roots that have given them their original sap. “By the time a man realizes that maybe his father was right, he usually has a son who thinks he’s wrong,” Charles Wadsworth once said. The youth, fresh in spirit, creative in ideas, often seeks to chart a new path, to take the road never travelled. There is something monotonous
7 about traveling in the footsteps of Rabbi Yosef Yitzchak your ancestors, and Jacobson there is something Yeshiva.net intoxicating about developing a path you can call your own. In many ways, it was this perspective which gave birth to the contemporary Jewish world. As the winds of modernity swept Europe, as enlightenment and emancipation cast their glowing promise on a downtrodden nation in the 18th century, millions of Jews felt that clinging to the lifestyle and traditions of their ancestors would impede their bright journey to a new world order. In the process, they bid farewell to the old to embrace the new; they said goodbye to the yore to embrace the “your.” As we know today, their good intentions were met with profound disappointment. On the one hand, enlightenment in Europe and socialism in Russia turned against the Jews, and on the other hand, the descendants of the Jews who embraced them have been lost to our people. In their passion to journey ahead, to revolutionize the past, they failed to realize the power of eternity imbedded in their tradition and faith. Then there are the “departure” Jews – those who are always looking back to the past, to their point of departure. Their primary focus is the unchangeable truths of history. Life, in their vision, is not linear, but cyclical. Tradition, ritual, custom, law, faith do not change just because Voltaire gave us enlightenment, Nietzsche taught us about the will for power, Tocqueville explained to us democracy, Freud uncovered the subconscious, and Barak Obama called for change. “What was good for my great-great grandfather is good for me,” these Jews rooted in tradition exclaim. Yet in their attempt to hold on to the sacred past, they often stifle the ability to utilize and actualize the new energy of today, to discern the voice of G-d not only in the ancient, but also in the present, not only in the world that was, but also in the world that is. In their hope to continue the chain of history by adding their identically matching link, they fail to create space for freshness, for creativity, for authentic selfexpression. In their genuine zeal to protect the “piano” of Judaism, they scoff at any new composition, failing to realize that the very same piano keys allow for infinite compositions. The word of G-d, articulated in the Torah, can and must serve as a blueprint for the challenges of today, not only for the dialogue of the past.
The Tree & the Roots So “Moses wrote their departures according to their journeys … and these were their journeys according to their departures.” The majesty and magic of Jewish history, the Bible is intimating to us, is based on the synthesis between “departures” and “journeys.” The departures – the points of reference that have always defined Judaism – ought to serve as catalysts for the journeys of the future, invigorating growth and inspiring expansiveness. Conversely, the journeys toward new horizons ought to be “according to their departures,” founded and inspired on the timeless values of our faith and our Torah. Just as Moses wrote the first chapter of Jewish history, we all are summoned to write our own. Let the tree grow taller and taller, but let it never fail its roots. Rather, let the roots exclaim, “Look how beautiful and tall my tree has grown.” M *My thanks to R. Shmuel Kuperman who shared the nucleus of this idea with me, as he heard from Rabbi Yisrael Meir Lau. Thank you to Yaakov Shlomo for his assistance in writing this essay. Dedicated by Eda and David Schottenstein, in honor of their children Ari, Nina and Yetta Alta Shula
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Oneg Shabbos Issue 261
Restoring the primacy of Choshen Mishpat Under the auspices of Harav Chaim Kohn שליט"א
Rabbi Meir Orlian Halachah Writer, BHI
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לע''נ אריאל יהודה ז''ל בן ר' פינחס צבי נ''י קליין
USAGE FEE Mr. Braun travelled to work by train but was finding the ride long and draining. He decided to buy a used car to travel to work. He saw a car in his neighbourhood with a “for sale” sign on it, belonging to Mr. Hoffman. “To the best of my knowledge, it’s in good mechanical condition,” Mr. Hoffman said. Mr. Braun had the car checked by his mechanic, who found no evident problems. He bought the car. Three months later, the engine died. The mechanic ascertained that there was a hidden fault in the engine, and it would have to be replaced. Mr. Braun contacted Mr. Hoffman. “The car was defective,” he said. “I want my money back.”
Some explain this is because of potential ribbis.
“I’m willing to replace the engine,” said Mr. Hoffman.
Since the seller held the buyer’s money and had use of it during this time, it would be ribbis to allow the buyer to live for free in the property. Others explain that simply because the item remains the seller’s, if the buyer uses it without pay, then it is tantamount to theft (gezel) (Sma 232:33).
“I am not interested in repairing the car,” replied Mr. Braun. “I want to void the sale.” “If so,” replied Mr. Hoffman, “that means you used my car for three months.” “So what?” replied Mr. Braun. “I thought it was mine.” “Nonetheless, if you void the sale, that means the car was mine,” argued Mr. Hoffman. “You owe me rental for use of the car!” “That’s not fair!” insisted Mr. Braun. “I had no intent to rent a car; I would have continued going to work by train.” “Obviously, though, you prefer to go by car,” said Mr. Hoffman. “Do you think it’s ethical to use someone’s car and not pay for the usage?” “If we’re talking about being ethical,” said Mr. Braun, “it’s bad enough that you sold me a defective car! Now you want me to pay rent?” “If you insist on returning the car,” Mr. Hoffman said emphatically, “I can insist on receiving a usage fee!” “I see that we’re not getting anywhere,” said Mr. Braun. “I suggest we discuss the issue with Rabbi Dayan.” The two went to Rabbi Dayan, and Mr. Hoffman asked: Does Mr. Braun have to pay for use of the car? “The sale of defective merchandise is void from the beginning; the item remains the seller’s and he owes the money back to the buyer,” replied Rabbi Dayan. “Therefore, Shulchan Aruch rules that if someone bought a property and later found it defective, then the buyer has to pay rent for the time that he lived there (C.M. 232:15).”
Similarly, Shiltei Gibborim rules that a person who bought a horse and later discovers that it was defective must pay for use of the horse. Ohr Same’ach questions, though, whether the need to pay rent applies also to moveable objects or to items that are not intended for rent. Most authorities rule that it applies also to moveable items (Ohr Same’ach, Hil. Mechirah, 16:8; Pischei Choshen, Geneivah 13:12[20]). Nonetheless, the buyer does not necessarily have to pay the full rental value, since he had no intent to rent. We evaluate the worth of the rental to this specific buyer, which depends on a number of factors: Would he have rented otherwise? Did the seller suffer a loss through the usage? How much time was the item actually used? Was the use impaired by the defect, etc. (see Keter (vol. 7), Motzar Pagum Shehizik, ch. 7-8; Tzefunei Dodi, C.M. 2:228). “In addition,” concluded Rabbi Dayan, “Beis din would have to ascertain whether there is a minhag hamedinah (common commercial practice) or clause in the sales contract regarding this issue, which would be binding.” Verdict: The buyer is often liable for a usage fee, which would be determined based on the particular circumstances of the case.
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
18 July 2020
כ"ו תמוז תש"פ
מסעי-פרשת מטות
INCREDIBLE WWII STORY
SOMETIMES, IT’S NOT REALLY JUST LUCK.
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SHEMIRAS HALOSHON
FOOD FOR THOUGHT TO SPARK N CONVERSATIO
TALKING TO A WALL
This story is confirmed in Elmer Bendiner’s book, “The Fall of Fortresses”. Elmer Bendiner was a navigator in a B-17 during WWII. He tells the story of a World War II bombing run over Kassel, Germany, and the unexpected result of a direct hit on their gas tanks. “Our B-17, the ‘Tondelayo’, was barraged by flak from Nazi anti-aircraft guns. That was not unusual, but on this particular occasion our gas tanks were hit. Later, as I reflected on the miracle of a 20 millimetre shell piercing the fuel tank without setting off an explosion, our pilot, Bohn Fawkes, told me it was not quite that simple. On the morning following the raid, Bohn had gone down to ask our crew chief for that shell as a souvenir of unbelievable luck. The crew chief told Bohn that not just one shell but 11 had been found in the gas tanks. 11 unexploded shells where only one was sufficient to blast us out of the sky. It was as if the sea had been parted for us. A near-miracle, I thought.
TO SAY THAT LOSHON HORA IS TO’ELES MEANS THAT IT SERVES A CONSTRUCTIVE PURPOSE. WHAT HAPPENS WHEN YOUR WORDS ARE AIMED AT A LEGITIMATE PURPOSE, BUT PROBABLY WON’T DO ANY GOOD? THE DILEMMA
Your good friend has finally found an apartment for her family, right in the location she wants, at just the right price for her shoestring budget. You know that the landlady, a former workmate of yours, is a difficult, argumentative and emotionally unhealthy woman. You’re also quite certain that your ever-optimistic friend will brush off the information if you share it. May you warn her?
THE HALACHA
We are allowed to speak l’to’eles only if there is a reasonable chance that we will achieve our goal. If a decision has already been made, and/or your words cannot or will not likely change it, then the words no longer have a constructive purpose. M Sefer Chofetz Chaim Hil. Rechilus 9:3
Even after 35 years, this awesome event leaves me shaken, especially after I heard the rest of the story from Bohn. He was told that the shells had been sent to our armorers to be defused. The armorers told him that our Intelligence Unit had picked them up. They could not say why at the time, but Bohn eventually sought out the answer. Apparently when the armorers opened each of those shells, they found no explosive charge. They were as clean as a whistle and just as harmless. Empty? Not all of them! One contained a carefully rolled piece of paper. On it was a scrawl in Czech. The Intelligence people scoured our base for a man who could read Czech. Eventually they found one to decipher the note. It set us marvelling. Translated, the note read: “This is all we can do for you now… Using Jewish slave labour is never a good idea.” M 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 261
Daf Yomi WEEKLY
שבת קל"ד
Halacha Highlights
THE CONCEPT OF “DERECH BRIYIM” – THE CONDUCT OF HEALTHY PEOPLE1 : קלד- ושמואל אמר נותן חוץ למכה ושותת ויורד למכה Shmuel says that the warm water or oil is placed near the wound, and it should flow into the wound on its own. - 134b As explained earlier, the Chazal only prohibited foods or activities, which are associated with medicinal therapy, or are at least perceived to be associated with medicinal therapy. Ordinary foods eaten by healthy people as part of their regular diet are not forbidden on Shabbos, even to cure a mildly ill person. Similarly, any activity which is done by healthy people as a matter of course, is also not restricted on Shabbos, even to an ill person who may benefit therapeutically from its effect. Many alternative methods of treatment for ailments are permitted on the basis of the principle of “derech briyim”—the conduct of healthy people, as shall be elaborated further. Drinking wine or whisky to relax one’s nerves, relieve pain One is permitted to drink wine or a moderate amount of any other alcoholic beverage to calm his nerves or to induce drowsiness. One who is suffering from a toothache may sip whisky or vodka and allow it to swirl around the painful tooth to deaden the nerve. However, the drink must be swallowed and not expelled, because expelling the drink reveals actively that it is being used for only therapeutic, not food purposes. Drinking hot tea or milk with honey One who is suffering from the discomforts of a common cold may not take aspirin or other medications for relief, but is permitted to obtain relief by eating foods such as honey, or hot drinks such as hot tea with lemon, milk, etc. Drinking prune juice as a laxative One is permitted to drink prune juice (or any drink that is ordinarily used as a beverage) for the purpose of acting as a laxative. Pouring oil or lotion on a healthy part of the skin to run down to the affected area One who is suffering from chapped or peeling skin should not apply oil or lotion to the affected area, as this has a curative effect on the skin by relieving the discomfort and helping the skin heal more quickly. However, one may pour lotion onto his wrist or another unchapped part of the hand, thereby allowing the lotion to run slowly down to the affected area. This is permitted because it is common for healthy people (i.e. people not suffering from chapped skin) to smear on lotion to moisturize their skin, or as an emollient. Therefore, his act of pouring and spreading the lotion on the unchapped area is considered ‘derech briyim’, in that it is no different from the kind of non-medicinal treatment that ordinary, healthy people are prone to apply to themselves. The fact that the lotion continues to run and spread (on its own) to the affected area is merely a beneficial consequence, similar to one who eats a banana and feels relief for his unsettled stomach. (However, if the lotion runs down only partially to the affected skin, it should not be spread to ensure that it covers all the chapped areas, as this would be tantamount to applying it directly.) If applying the lotion in this manner is ineffective, and one’s chapped skin is very painful, one may smear the lotion directly over the affected area in the normal manner. One may not pour medicated lotion on the healthy skin (to allow it to run down onto the affected area), as this could not be defined as “derech briyim” since healthy people are not prone to using medicated lotions on their healthy skin. Smearing oil or liquid-lotion on dry or mildly chapped skin One whose skin is itchy or mildly irritated, may smear oil or lotion (but not cream or ointments) directly on the affected area. This is permitted because the skin is basically healthy, and people commonly smear oil or lotion on healthy skin as an emollient and to add to their comfort. It is therefore classified as a ‘derech briyim’ Brought to you by practice, and not as a medical therapy. -
M
1 The 39 Melachos, by Rabbi Dovid Ribiat, pages 480-482. Used with permission of the author.
IS THE JAR FULL? A philosophy professor came into his class. He took a large, transparent, empty jar and started to fill it with massive stones. The professor asked his students: “Is the jar full?” They confirmed that it was. Next the professor poured in a box of small pebbles and filled the open areas between the rocks. Finally, he added a bucket of sand. Now the jar was truly full. The professor, explained, ‘The jar is like your life; the stones are the most important things – your family, health, morality. The pebbles are other things that matter – your job, house and car. The sand represents the small stuff. If you put the sand into the jar first, there would be no place left for pebbles and large stones. Make sure your priorities in life are correct. Fill it with the important things first. In this week’s Parsha, the tribes Gad and Reuven explain their plans to Moshe, after deciding to live on the other side of the Jordan. The pesukim are as follows: “We will build sheep pens for our livestock here and cities for our children.” (32:16) “All right,” said Moshe (32:24). “Build towns for your children and pens for your sheep…” Notice that Moshe reversed the order of their priorities. Remember what is most important. First make sure that you have attended to the needs of your children. Afterwards, you can worry about your cattle. An important life lesson about priorities. But also, specifically when it comes to kindness. Kindness begins at home! If possible it shouldn’t end there, but it has to start there! Don’t fill the jar with sand and leave no space for the rocks. M
18 July 2020
כ"ו תמוז תש"פ
מסעי-פרשת מטות
11
BORA BORA, FRENCH POLYNESIA
פרקי אבות
PHOTO: BRAYBRAY WOOWOO
Chapter 5 Mishna 2
LIVING LESSONS - STANDING UP TO PEER PRESSURE
What’s right is not always popular, and what’s popular is not always right. Although sometimes it may seem impossible to stand up for what’s right, look to Noach and Avraham for inspiration. They weren’t affected by the evil around them and dared to be different. Avraham was called “ אברהם העברי- Avraham from the other side” because the entire world stood on one side, while he stood alone on the other. Noach had to endure ridicule for 129 years while building the teivah, predicting and preparing for what he knew was the truth. You too can be like these two role models! Even if the entire world says differently, stand strong in what you know to be true: Hashem’s Torah and mitzvos. M
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